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HomeMy Public PortalAboutPKT-CC-2010-11-09CITY OF MOAB November 9, 2010 PRE-COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 104 Page 2 of 104 Moab City CouncilMaster Meeting Calendar*111/5/2010 2:59 PM*Meeting end times are approximations onlyMoab City Recorder's OfficeSMTWT F S1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30November 2010SMTWT F S123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31December 2010November 2010Oct 31 - Nov 6Oct 31Nov 1234566:00pm 7:00pm GCAB3:00pm 4:00pm GC Counci5:00pm 6:00pm KZMU Boa7:00pm 9:00pm GC Counci7:00pm 9:00pm CVTC3:00pm 4:00pm GCSWSSD3:30pm 4:00pm MARC7:00pm 9:00pm GWSSANov 7 - 137891011121312:30pm 2:00pm GCCOA3:00pm 4:00pm GCSDBE W3:00pm 3:30pm MVFPD6:30pm 9:00pm Moab CC6:00pm 7:00pm GC PC7:00pm 8:00pmTSSD6:30pm 8:00pm Moab PC7:00pm 8:00pm CVFP7:00pm 8:00pmTSSSFDNov 14 - 20141516171819203:00pm 4:00pm GC Counci7:00pm 9:00pm GC Counci4:30pm 5:30pm GCHPC5:00pm 6:30pm GCLB6:00pm 7:00pm GCSDBE6:00pm 6:30pm GCRSSDNov 21 - 27212223242526275:00pm 6:00pm SEUDHD6:30pm 9:00pm Moab CC6:30pm 8:00pm Moab PCNov 28 - Dec 4282930Dec 1234SundayMondayTuesdayWednesdayThursdayFridaySaturdayPage 3 of 104 EntryFull DescriptionMeeting LocationDatesCHCSSDCanyonlands Health Care Special Service District Grand Center #4Last ThursdayCVFPCastle Valley Fire ProtectionCommunity Center #2 Castle Valley Drive 2nd ThursdayCVPCCastle Valley Planning CommissionCommunity Center #2 Castle Valley Drive 1st WednesdayCVTCCastle Valley Town CouncilCommunity Center #2 Castle Valley Drive 3rd WednesdayGCCMDGrand County Cemetary Maintenance DistrictSunset Memorial Cemetary2nd TuesdayGC Council Meeting Grand County Council Meeting125 East Center Street1st & 3rd TuesdayGCABGrand County Airport Board125 East Center Street2nd TuesdayGCCOAGrand County Council on AgingGrand Center2nd MondayGCHECGrand County Higher Education CommitteeUSU Extension Office4th ThursdayGCHPCGrand County Historic Preservation Committee Grand Center4th WednesdayGCLBGrand County Library Board257 East Center Street2nd WednesdayGCPCGrand County Planning Commission125 East Center Street2nd & 4th WednesdayGCRSSDGrand County Recreation Special Service District 217 East Center Street2nd WednesdayGCSDBEGrand County School District Board of Education 264 South 400 East3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road1st ThursdayGCWBGrand County Weed BoardGrand Center1st MondayGWSSAGrand Water & Sewer Service Agency3025 East Spanish Trail Road1st & 3rd ThursdayLPCLegislative Policy CommitteeUtah Local Governments Trust No. SLC 3rd MondayMARCMoab Arts and Recreation Center Advisory Board 111 E. 100 North1st ThursdayMATCABMoab Area Travel Council Advisory Board125 East Center Street4th ThursdayMC Council Meeting Moab City Council Meeting217 East Center Street2nd & 4th TuesdayMCPCMoab City Planning Commission217 East Center Street2nd & 4th ThursdayMMADMoab Mosquito Abatement Distrcit1000 East Sand Flats Road1st or 2nd ThursdaySEUALGSouth Eastern Utah Association of Local Government Price2nd ThursdaySEUDHDSouth Eastern Utah District Health Department Green River City OfficesTRAIL MIXTrail MixGrand Center2nd Tuesday noonTSSDThompson Special Service DistrictThompson Springs Fire Station2nd TuesdayTSSFDThompson Special Service Fire DistrictThompson Springs Fire Station2nd ThursdayPage 4 of 104 Moab City CouncilMaster Meeting Calendar*211/5/2010 2:59 PM*Meeting end times are approximations onlyMoab City Recorder's OfficeSMTWT F S123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31December 2010SMTWT F S12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930 31January 2011December 2010Nov 28 - Dec 4Nov 282930Dec 12347:00pm 9:00pm CVTC3:00pm 4:00pm GCSWSSD3:30pm 4:00pm MARC7:00pm 9:00pm GWSSADec 5 - 115678910116:00pm 7:00pm GCAB3:00pm 4:00pm GC Counci5:00pm 6:00pm KZMU Boa7:00pm 9:00pm GC Counci6:00pm 7:00pm GC PC7:00pm 8:00pmTSSD6:30pm 8:00pm Moab PC7:00pm 8:00pm CVFPDec 12 - 181213141516171812:30pm 2:00pm GCCOA12:00pm 12:30pm MTPSC3:00pm 4:00pm GCSDBE W3:00pm 3:30pm MVFPD6:30pm 9:00pm Moab CC5:00pm 6:30pm GCLB6:00pm 7:00pm GCSDBE6:00pm 6:30pm GCRSSDDec 19 - 25192021222324253:00pm 4:00pm GC Counci7:00pm 9:00pm GC Counci6:30pm 8:00pm Moab PCDec 26 - Jan 1262728293031Jan 1, 11SundayMondayTuesdayWednesdayThursdayFridaySaturdayPage 5 of 104 EntryFull DescriptionMeeting LocationDatesCHCSSDCanyonlands Health Care Special Service District Grand Center #4Last ThursdayCVFPCastle Valley Fire ProtectionCommunity Center #2 Castle Valley Drive 2nd ThursdayCVPCCastle Valley Planning CommissionCommunity Center #2 Castle Valley Drive 1st WednesdayCVTCCastle Valley Town CouncilCommunity Center #2 Castle Valley Drive 3rd WednesdayGCCMDGrand County Cemetary Maintenance DistrictSunset Memorial Cemetary2nd TuesdayGC Council Meeting Grand County Council Meeting125 East Center Street1st & 3rd TuesdayGCABGrand County Airport Board125 East Center Street2nd TuesdayGCCOAGrand County Council on AgingGrand Center2nd MondayGCHECGrand County Higher Education CommitteeUSU Extension Office4th ThursdayGCHPCGrand County Historic Preservation Committee Grand Center4th WednesdayGCLBGrand County Library Board257 East Center Street2nd WednesdayGCPCGrand County Planning Commission125 East Center Street2nd & 4th WednesdayGCRSSDGrand County Recreation Special Service District 217 East Center Street2nd WednesdayGCSDBEGrand County School District Board of Education 264 South 400 East3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road1st ThursdayGCWBGrand County Weed BoardGrand Center1st MondayGWSSAGrand Water & Sewer Service Agency3025 East Spanish Trail Road1st & 3rd ThursdayLPCLegislative Policy CommitteeUtah Local Governments Trust No. SLC 3rd MondayMARCMoab Arts and Recreation Center Advisory Board 111 E. 100 North1st ThursdayMATCABMoab Area Travel Council Advisory Board125 East Center Street4th ThursdayMC Council Meeting Moab City Council Meeting217 East Center Street2nd & 4th TuesdayMCPCMoab City Planning Commission217 East Center Street2nd & 4th ThursdayMMADMoab Mosquito Abatement Distrcit1000 East Sand Flats Road1st or 2nd ThursdaySEUALGSouth Eastern Utah Association of Local Government Price2nd ThursdaySEUDHDSouth Eastern Utah District Health Department Green River City OfficesTRAIL MIXTrail MixGrand Center2nd Tuesday noonTSSDThompson Special Service DistrictThompson Springs Fire Station2nd TuesdayTSSFDThompson Special Service Fire DistrictThompson Springs Fire Station2nd ThursdayPage 6 of 104                City of Moab – Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, November 9, 2010 at 7:00 p.m.       6:30 p.m. PRE‐COUNCIL WORKSHOP           7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE    SECTION 1: APPROVAL OF MINUTES  1‐1 August 10, 2010    SECTION 2: CITIZENS TO BE HEARD     SECTION 3: DEPARTMENTAL UPDATES  3‐1 Community Development Department  3‐2 Engineering Department  3‐3 Planning Department  3‐4 Police Department  3‐5 Public Works Department  SECTION 4: PRESENTATIONS  4‐1 Presentation of the Mayor’s Student Citizenship of the Month Award for  October 2010 for Helen M. Knight School  SECTION 5: NEW BUSINESS   5‐1 Approval of Proposed Ordinance #2010‐14 – An Ordinance Amending Various  Chapters of the Moab Municipal Code Pertaining to Accessory Structures   5‐2 Approval of Proposed Ordinance #2010‐21 – An Ordinance Adopting Various  International Codes   5‐3 Approval of Proposed Ordinance #2010‐06 – An Ordinance Amending Code  Chapters 17.72.100 through 17.72.240 that Address the Board of  Adjustments   5‐4 Approval of Community Development Block Grant Projects for the Small  Cities Program for Year 2011  5‐5 Approval of Proposed Resolution # 20‐2010 – A Resolution Adopting a Fee  Schedule for the Moab Recreation and Aquatic Center (MRAC) Facility  City of Moab  217 East Center Street  Moab, Utah 84532  Main Number (435) 259‐5121  Fax Number (435) 259‐4135  www.moabcity.org  Page 7 of 104  5‐6 Approval of the Aquatics Manager Job Description and Pay Grade for the  Recreation Department   5‐7 Approval of Proposed Resolution #21‐2010 – A Resolution Designating  Depositories for Moab City Funds   5‐8 Approval of the Proposed Dog Park Lease Agreement by and between the  City of Moab and the Grand County Board of Education   5‐9 Approval of Proposed Resolution #22‐2010 – A Resolution Approving the City  of Moab 2010‐2011 Permanent Community Impact Fund Board (CIB)  Comprehensive Projects List   5‐10 Approval of a Relinquishment of a Temporary Construction Easement for the  North Area Trunk Sewer   5‐11 Approval of Proposed Resolution #18‐2010 – A Resolution Accepting the  Public Improvements Installed for the Extension of the Sewer System  Associated with the North Area Trunk Sewer Project and Authorizing the  Appropriate Parties to Execute and Deliver a Corresponding Sewer Line  Dedication, Easement and Warranty of Improvements   5‐12 Approval of Proposed Resolution #19‐2010 – A Resolution Approving an  Irrigation Easement Agreement by and between Moab 21 LLC and the City of  Moab   5‐13 Approval of Proposed Ordinance #2010‐23 – An Ordinance Enacting Chapter  9.36 of the Moab Municipal Code Regarding Unlawful Discriminatory Housing  Practices Based on Sexual Orientation or Gender Identity   5‐14 Approval of Proposed Ordinance #2010‐24 – An Ordinance Enacting Chapter  9.40 of the Moab Municipal Code Regarding Unlawful Discrimination in  Employment Practices Based on Sexual Orientation or Gender Identity    SECTION 6: READING OF CORRESPONDENCE    SECTION 7: ADMINISTRATIVE REPORTS    SECTION 8: REPORT ON CITY/COUNTY COOPERATION    SECTION 9: MAYOR AND COUNCIL REPORTS    SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB    SECTION 11: ADJOURNMENT    In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting  should notify the Recorder’s Office at 217 East Center Street, Moab, Utah 84532;  or phone (435) 259‐5121 at least three  (3) working days prior to the meeting.  Check our website for updates at: www.moabcity.org  Page 8 of 104 August 10, 2010 Page 1 of 2  MOAB CITY COUNCIL  REGULAR MEETING  August 10, 2010    The Moab City Council held its Regular Meeting on the above date in  the Council Chambers of Moab City Offices, located at 217 East Center  Street, Moab, Utah.  Mayor Pro‐tem Gregg Stucki called the Pre‐Council  Workshop to order at 6:34 PM. In attendance were Councilmembers  Kyle Bailey and Jeffrey Davis; City Manager Donna Metzler, Deputy  Recorder Beth Joseph, Planning Director Jeff Reinhart and City Engineer  Rebecca Andrus.    Mayor Pro‐tem Stucki called the Regular City Council Meeting to order  at 7:00 PM and led in the Pledge of Allegiance.  Five (5) members of the  audience were present.    Councilmember Davis moved to approve the City Council Meeting  minutes of May 11 and June 22, 2010.  Councilmember Bailey  seconded the motion.  The motion carried 3‐0 aye.    There were no Citizens to be Heard.     A Community Development Department Update was not given.     Under Engineering Department Update, City Engineer Andrus stated  that paving had begun on the 500 West Project and that striping of 500  West as well as 400 North would be completed as part of the same  project.  City Engineer Andrus stated that the Williams Way Repaving  Project was currently out to bid and would be started in October.     Under Planning Department Update, Planning Director Reinhart stated  that staff was moving ahead with the Haciendas project with curb and  gutter improvements as well as other improvements. City Planner  Reinhart stated that staff had been investigating the claims of Portal  Vista homeowners regarding the status of improvements.  Planning  Director Reinhart then reviewed the next Planning Commission  meeting agenda.    A Police Department Update was not given.    Public Works Department Update was not given.    Councilmember Bailey moved to approve a Request by DeVon Farabee  for an Amplified Music Event at Old City Park on August 22, 2010.   Councilmember Davis seconded the motion.  The motion carried 3‐0  aye.    Councilmember Davis moved to approve a Request by Miriam Graham  for an Amplified Music Event at Old City Park on September 6, 2010.   Councilmember Bailey seconded the motion.  The motion carried 3‐0  aye.    Councilmember Bailey moved to approve a Request for a Refund of a  Special Business Event License fee for the Moab Area Chamber of  Commerce in an amount not to exceed $80.00.  Councilmember Davis  seconded the motion.  The motion carried 3‐0 aye.    Councilmember Davis moved to approve a Peddler/Solicitor License for            REGULAR MEETING &  ATTENDANCE                  CALL TO ORDER          APPROVAL OF MINUTES        CITIZENS TO BE HEARD    COMMUNITY DEVELOPMENT  UPDATE    ENGINEERING UPDATE                PLANNING UPDATE                  POLICE UPDATE      PUBLIC WORKS UPDATE      AMPLIFIED MUSIC EVENT,  APPROVED          AMPLIFIED MUSIC EVENT,  APPROVED            REFUND OF A SPECIAL EVENT  LICENSE FEE, APPROVED            PEDDLER/SOLICITOR LICENSE,  APPROVED  Page 9 of 104 August 10, 2010 Page 2 of 2  Brian Murphy, DBA Boo’s Desert Ice Cream with the condition there  would be no stopping on Main Street.  Councilmember Bailey seconded  the motion.  The motion carried 3‐0 aye.    Councilmember Davis moved to approve a Request by Jair West for an  Amplified Music Event at Old City Park on August 14, 2010.   Councilmember Bailey seconded the motion.  The motion carried 3‐0  aye.    Councilmember Davis moved to approve a Moved‐on Structure Permit  by January Stone, d.b.a. JJ’s Cheesesteaks, to Conduct Concessions  Located at 83 South Main Street from August 11 to December 31,  2010.  Councilmember Bailey seconded the motion.  The motion  carried 3‐0 aye.    Under Discussion and Presentation about a Proposed South Area  Annexation, Planning Director Reinhart made a presentation.   Discussion followed.    There was no Correspondence to be Read.    Under Administrative Reports, City Manager Metzler stated that she  had spoken to the Nature Conservancy regarding their plan to use the  effluent discharged from the City’s Waste Water Treatment Plant and  that a joint City Council/Grand County Council meeting was scheduled  for August 27, 2010 at 11:00 AM.  City Manager Metzler then  continued that the Dog Park planning meeting had been postponed,  that the Aquatic Center construction was moving ahead and that  interviews were being conducted to fill the position of Public Works  Director.     A Report on City/County Cooperation was not given.    Mayor and Council Reports were not given.     Councilmember Stucki moved to pay the bills against the City of Moab  in the amount of $424,226.68.  Councilmember Bailey seconded the  motion.  The motion carried 3‐0 aye by a roll‐call‐vote.    Councilmember Bailey moved to adjourn the meeting.  Councilmember  Davis seconded the motion.  The motion carried 3‐0 aye.    Mayor Pro‐tem Stucki adjourned the meeting at 7:50 PM.      APPROVED: ____________________   ATTEST: ____________________                          David L. Sakrison                      Rachel Ellison                          Mayor                                      City Recorder/Asst. City Mgr.              AMPLIFIED MUSIC EVENT,  APPROVED          MOVED‐ON STRUCTURE  PERMIT, APPROVED              DISCUSSION REGARDING  SOUTH AREA ANNEXATION        READING OF  CORRESPONDENCE    ADMINISTRATIVE REPORTS                          REPORT ON CITY/COUNTY  COOPERATION    MAYOR AND COUNCIL  REPORTS    APPROVAL OF BILLS          ADJOURNMENT            Page 10 of 104 Page 11 of 104 Page 12 of 104 Page 13 of 104 Page 14 of 104 Page 15 of 104 Page 16 of 104 Page 17 of 104 Page 18 of 104 Page 19 of 104 Page 20 of 104 Page 21 of 104 Page 22 of 104 City of Moab Ordinance 06-2010 Approved ________ __, 2010 1 ORDINANCE #2010-06 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.72, ADMINISTRATION AND ENFORCEMENT AND ESPECIALLY CHAPTERS 17.72.100 THROUGH 17.72.240, THAT DEALS WITH THE BOARD OF ADJUSTMENT, TO ALIGN THE MOAB MUNICIPAL CODE WITH THE UTAH STATE CODE WHEREAS, the Moab City Council (“Council”) adopted the Moab Municipal Code (“Code”) and especially Title 17.00.00, also known as “The Zoning Ordinance of Moab City, Utah” in an effort to encourage and facilitate orderly growth and development in the City as well as to promote a more attractive and wholesome community environment; and, WHEREAS, from time to time Council has found it necessary to amend said Zoning Ordinance to support the elements of the General Plan, enforce the provisions of the Land Use Code, and align the Moab Municipal Code with the Utah State Code; and, WHEREAS, it has come to the attention of the City of Moab that an amendment to Chapter 17.72, Board of Adjustments, is necessary to align the Municipal Code with the Utah State Code; and, WHEREAS, the City of Moab Planning Commission (“Commission”) in a public hearing held on August 25, 2010, met to determine the merits of this Code amendment; and WHEREAS, the Commission found that the proposed changes would be useful in aiding Planning Staff in the day to day administration of the Code by providing a clear appeals process; and, WHEREAS the Commission also found that the Appeal Authority would also benefit from the clarity of the amendments in understanding what was expected when reviewing decisions made by city staff and the planning commission; and, WHEREAS, Council reviewed Ordinance #2010-06 in a regularly scheduled meeting held on October 12, 2010, to hear and decide the merits of the proposed change to Chapter 17.72.160, Decision on Appeals, of the Moab Municipal Code; and, WHEREAS, Council found the changes to be in the best interests of the City of Moab. NOW, THEREFORE, the Moab City Council hereby amends Code Chapters 17.72.100 through 17.72.240, as it currently reads to read: Page 23 of 104 Page 24 of 104 Page 25 of 104 Page 26 of 104 Page 27 of 104 Page 28 of 104 Page 29 of 104 Page 30 of 104 Page 31 of 104 Page 32 of 104 Page 33 of 104 Page 34 of 104 Page 35 of 104 Page 36 of 104 Page 37 of 104 Page 38 of 104 Page 39 of 104 Recommended Resident (Area Code 84532) Rate Structure with Projected SalesNon-Resident Rates and Revenue Not ShownMOAB RECREATION AND AQUATIC CENTERAQUATIC ONLYFITNESS AND AQUATICDAILY ADMISSIONRATESales per day May - August # Days RevenueSales Per day Sept - April # Days Revenue Annual RevRATESales per day May - August # Days RevenueSales Per day Sept - April # Days Revenue Annual Revenue3 & UnderFreeYouth 4-182.00$ 100 120 $24,000.00 20 240 $ 9,600.00 $ 33,600.00 Student 14-174.00$ 20 120.00$ 9,600.00$ 10 240 9,600.00$ 19,200.00$ Adult 18-594.00$ 45 120 $21,600.00 10 240 $ 9,600.00 $ 31,200.00 Adult5.00$ 20 120.00$ 12,000.00$ 10 240 12,000.00$ 24,000.00$ Senior 60+3.00$ 15 120 $ 5,400.00 5 240 $ 3,600.00 $ 9,000.00 Senior 60+4.00$ 10 120.00$ 4,800.00$ 5 240 4,800.00$ 9,600.00$ Family (up to 6)12.00$ 4 120 $ 5,760.00 0 240 $ - $ 5,760.00 Family (up to 6-- 14+ allowed in Fitness)20.00$ 5 120.00$ 12,000.00$ 1 240 4,800.00$ 16,800.00$ Additional Family Members4.00$ 1 120.00$ 480.00$ 1 240 960.00$ 1,440.00$ TOTAL $ 79,560.00 71,040.00$ SUMMER SEASON PASS(Annual Sales)(Annual Sales)Annual RevAnnual RevenueYouth 4-18 Individual60.00$ 10 $ 600.00 Adult Individual75.00$ 20 $ 1,500.00 Senior Individual60.00$ 5 $ 300.00 Adult Couple120.00$ 5 $ 600.00 Senior Couple95.00$ 5 $ 475.00 Family (up to 6)150.00$ 40 $ 6,000.00 Additional Family Members30.00$ 3 $ 90.00 TOTAL $ 9,565.00 YEAR-ROUND PASSYouth 4-18 Individual100.00$ 20 $ 2,000.00 Student 14-17175.00$ 5 $ 875.00 Adult Individual ($135)145.00$ 30 $ 4,350.00 Adult Individual ($225)245.00$ 30 $ 7,350.00 Senior Individual110.00$ 20 $ 2,200.00 Senior Individual180.00$ 203,600.00$ Adult Couple ($215)225.00$ 5 $ 1,125.00 Adult Couple ($350)375.00$ 103,750.00$ Senior Couple170.00$ 5 $ 850.00 Senior Couple280.00$ 102,800.00$ Family (up to 6)270.00$ 70 $ 18,900.00 Family (up to 6: 14+ allowed in Fitness) 445.00$ 3013,350.00$ Additional Family Members40.00$ 2 $ 80.00 Additional Family Members65.00$ 165.00$ TOTAL $ 29,505.00 31,790.00$ 25 PUNCH CARDYouth 4-18 Individual45.00$ 50 $ 2,250.00 Student 14-1785.00$ 10850.00$ Adult Individual90.00$ 40 $ 3,600.00 Adult Individual120.00$ 101,200.00$ Senior Individual65.00$ 25 $ 1,625.00 Senior Individual85.00$ 5425.00$ Adult Couple175.00$ 10 $ 1,750.00 Adult Couple200.00$ 2400.00$ Senior Couple120.00$ 10 $ 1,200.00 Senior Couple175.00$ 2350.00$ -$ -$ TOTAL$ 10,425.00 3,225.00$ MONTHLYYouth 4-18 Individual20.00$ 30 $ 600.00 Student 14-1735.00$ 10350.00$ Adult Individual30.00$ 20 $ 600.00 Adult Individual50.00$ 10500.00$ Senior Individual20.00$ 20 $ 400.00 Senior Individual35.00$ 5175.00$ Adult Couple50.00$ 8 $ 400.00 Adult Couple80.00$ 2160.00$ Senior Couple35.00$ 8 $ 280.00 Senior Couple60.00$ 2120.00$ Family (up to 6)60.00$ 25 $ 1,500.00 Family (up to 6)100.00$ 202,000.00$ Additional Family Members10.00$ 5 $ 50.00 Additional Family Members15.00$ 115.00$ TOTAL$ 3,830.00 3,320.00$ SWIMMING LESSONS$ 10,000.00 Fitness Programs7,500.00$ OTHER AQUATIC PROGRAMS$ 4,000.00 Daycare3,500.00$ Rentals9,500.00$ Total Aquatic Only$ 146,885.00 Total Fitness/Aquatic Combo129,875.00$ Total All Programs276,760.00$ Page 40 of 104 Recommended Rate Structure with Projected SalesMOAB RECREATION AND AQUATIC CENTERNON-RESIDENT RATESAQUATIC ONLYFITNESS AND AQUATICDAILY ADMISSIONResident Non-residentSales per day May - August # Days RevenueSales Per day Sept - April # Days Revenue Annual Rev ResidentNon-residentSales per day May - August # Days RevenueSales Per day Sept - April # Days Revenue Annual Revenue3 & Under-$ 1.00$ Youth 4-182.00$ 3.50$ 10 120 $ 4,200 4 240 $ 3,360 $ 7,560 Student 14-174.00$ 7.00$ 1 120$ 480$ 1 240 960$ 1,440$ Adult 18-594.00$ 7.00$ 10 120 $ 8,400 4 240 $ 6,720 $ 15,120 Adult5.00$ 8.50$ 5 120$ 3,000$ 2 240 2,400$ 5,400$ Senior 60+3.00$ 5.00$ 5 120 $ 3,000 2 240 $ 2,400 $ 5,400 Senior 60+4.00$ 7.00$ 1 120$ 480$ 1 240 960$ 1,440$ Family (up to 6) 12.00$ 20.00$ 3 120 $ 7,200 1 240 $ 4,800 $ 12,000 Family (up to 6-- 14+ allowed in Fitness)20.00$ 35.00$ 1 120$ 2,400$ 0.5 240 2,400$ 4,800$ Additional Family Members4.00$ 7.00$ 1 120$ 480$ 0.5 240 480$ 960$ TOTAL $ 40,080.00 14,040$ Page 41 of 104 Page 42 of 104 Resolution #20-2010 Page 1 of 1 Resolution #20-2010 A RESOLUTION ESTABLISHING THE FEE STRUCTURE FOR THE MOAB RECREATION AND AQUATIC CENTER FACILITY. WHEREAS, the Moab Recreation and Aquatic Center (MRAC) is a new facility owned and operated by the City of Moab; and WHEREAS, the Moab City Council must approve all fees charged at the Moab Recreation and Aquatic Center; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY RESOLVE TO APPROVE THE ATTACHED FEE STRUCTURE FOR THE MOAB RECREATION AND AQUATIC CENTER UNTIL OTHERWISE AMENDED OR CHANGED BY ACTION OF THE MOAB CITY COUNCIL. **See attached fee schedule** Attachment A and B This resolution shall take effect immediately upon passage. Passed and adopted by action of the governing body of the City of Moab in open session this 9th day of November, 2010. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel Ellison City Recorder Page 43 of 104 RESIDENT RATES MOAB RECREATION AND AQUATIC CENTER AQUATIC ONLY FITNESS AND AQUATIC DAILY ADMISSION RATE RATE 3 & Under Free Youth 4-18 2.00$ Student 14-17 4.00$ Adult 18-59 4.00$ Adult 5.00$ Senior 60+3.00$ Senior 60+4.00$ Family (up to 6)12.00$ Family (up to 6-- 14+ allowed in Fitness)20.00$ Additional Family Members 4.00$ TOTAL SUMMER SEASON PASS Youth 4-18 Individual 60.00$ Adult Individual 75.00$ Senior Individual 60.00$ Adult Couple 120.00$ Senior Couple 95.00$ Family (up to 6) 150.00$ Additional Family Members 30.00$ TOTAL YEAR-ROUND PASS Youth 4-18 Individual 100.00$ Student 14-17 175.00$ Adult Individual ($135)145.00$ Adult Individual ($225)245.00$ Senior Individual 110.00$ Senior Individual 180.00$ Adult Couple ($215)225.00$ Adult Couple ($350)375.00$ Senior Couple 170.00$ Senior Couple 280.00$ Family (up to 6)270.00$ Family (up to 6: 14+ allowed in Fitness) 445.00$ Additional Family Members 40.00$ Additional Family Members 65.00$ TOTAL 25 PUNCH CARD Youth 4-18 Individual 45.00$ Student 14-17 85.00$ Adult Individual 90.00$ Adult Individual 120.00$ Senior Individual 65.00$ Senior Individual 85.00$ Adult Couple 175.00$ Adult Couple 200.00$ Senior Couple 120.00$ Senior Couple 175.00$ TOTAL MONTHLY Youth 4-18 Individual 20.00$ Student 14-17 35.00$ Adult Individual 30.00$ Adult Individual 50.00$ Senior Individual 20.00$ Senior Individual 35.00$ Adult Couple 50.00$ Adult Couple 80.00$ Senior Couple 35.00$ Senior Couple 60.00$ Family (up to 6)60.00$ Family (up to 6)100.00$ Additional Family Members 10.00$ Additional Family Members 15.00$ TOTAL RESOLUTION #20-2010 RESIDENT RATES ATTACHMENT A Page 44 of 104 RESIDENT RATES MOAB RECREATION AND AQUATIC CENTER AQUATIC ONLY FITNESS AND AQUATIC DAILY ADMISSION RATE RATE 3 & Under Free Youth 4-18 2.00$ Student 14-17 4.00$ Adult 18-59 4.00$ Adult 5.00$ Senior 60+3.00$ Senior 60+4.00$ Family (up to 6)12.00$ Family (up to 6-- 14+ allowed in Fitness)20.00$ Additional Family Members 4.00$ TOTAL SUMMER SEASON PASS Youth 4-18 Individual 60.00$ Adult Individual 75.00$ Senior Individual 60.00$ Adult Couple 120.00$ Senior Couple 95.00$ Family (up to 6) 150.00$ Additional Family Members 30.00$ TOTAL YEAR-ROUND PASS Youth 4-18 Individual 100.00$ Student 14-17 175.00$ Adult Individual ($135)145.00$ Adult Individual ($225)245.00$ Senior Individual 110.00$ Senior Individual 180.00$ Adult Couple ($215)225.00$ Adult Couple ($350)375.00$ Senior Couple 170.00$ Senior Couple 280.00$ Family (up to 6)270.00$ Family (up to 6: 14+ allowed in Fitness) 445.00$ Additional Family Members 40.00$ Additional Family Members 65.00$ TOTAL 25 PUNCH CARD Youth 4-18 Individual 45.00$ Student 14-17 85.00$ Adult Individual 90.00$ Adult Individual 120.00$ Senior Individual 65.00$ Senior Individual 85.00$ Adult Couple 175.00$ Adult Couple 200.00$ Senior Couple 120.00$ Senior Couple 175.00$ TOTAL MONTHLY Youth 4-18 Individual 20.00$ Student 14-17 35.00$ Adult Individual 30.00$ Adult Individual 50.00$ Senior Individual 20.00$ Senior Individual 35.00$ Adult Couple 50.00$ Adult Couple 80.00$ Senior Couple 35.00$ Senior Couple 60.00$ Family (up to 6)60.00$ Family (up to 6)100.00$ Additional Family Members 10.00$ Additional Family Members 15.00$ TOTAL RESOLUTION #20-2010 RESIDENT RATES ATTACHMENT A Page 45 of 104 NON‐RESIDENT RATES MOAB RECREATION AND AQUATIC CENTER AQUATIC ONLY FITNESS AND AQUATIC DAILY ADMISSION Resident Non-resident Resident Non- resident 3 & Under -$ 1.00$ Youth 4-18 2.00$ 3.50$ Student 14-17 4.00$ 7.00$ Adult 18-59 4.00$ 7.00$ Adult 5.00$ 8.50$ Senior 60+3.00$ 5.00$ Senior 60+4.00$ 7.00$ Family (up to 6) 12.00$ 20.00$ Family (up to 6-- 14+ allowed in Fitness)20.00$ 35.00$ Additional Family Members 4.00$ 7.00$ TOTAL RESOLUTION #20-2010 NON-RESIDENT RATES ATTACHMENT B Page 46 of 104 Aquatics Manager – Page 1 CITY OF MOAB JOB DESCRIPTION Class Title: Aquatics Manager, Moab Recreation and Aquatic Center Hours: 40 hrs/week Department: Recreation Pay Grade: 10 ($14.54/hr) Division: Moab Recreation & Aquatics Center Effective Date: 11/10/10 GENERAL PURPOSE Performs a variety of administrative and supervisory duties to coordinate and manage maintenance, operations and services of the aquatics components of the Moab Recreation and Aquatics Center (MRAC). REPORTING RELATIONSHIPS Supervision Received: The Aquatic Manager works under the direct supervision of the MRAC Center Director. Supervision Exercised: The Aquatic Manager provides general and close supervision to all MRAC aquatic personnel – Assistant Manager, Guards, Instructors, Program Leaders and Volunteers. ESSENTIAL FUNCTIONS The person appointed to this position must be able to perform all the essential functions required by the position. The following statements are illustrative of the essential functions of the position, are not intended to be all-inclusive or restrictive and do not include other nonessential or peripheral duties that may be required. • Plans, develops and implements year-round aquatic programs and services; establishes family activities, club and special events; coordinates the scheduling of competitive teams; creates schedules for swimming instruction for all age groups; develops services and programs to assist community groups, schools, etc. • Recommends, implements and monitors facility policies and procedures related to patron use, risk and liability, and compliance with state and federal guidelines. • Coordinates the hiring process for aquatics staff; monitors and evaluates employee performance; prepares work schedules; develops worker skills by performing in-service trainings; conducts regular meetings; makes recommendations affecting job retention, advancement and discipline. • Assists in preparing annual budget requests; assures effective and efficient use of budgeted funds, personnel, materials, facilities, and time. • Investigates and resolves complaints or inquiries from employees and patrons concerning the operations of the facility; deals appropriately with confrontational situations. • Performs as needed as a lifeguard, swimming instructor, and program leader. • Directs and performs maintenance and custodial duties; cleans pools and decks; monitors water temperatures and chemical balances; makes minor equipment adjustments to assure proper temperature and chemical standards. • Assists as needed with overall Center operation, including: general opening and closing procedures, staffing front desk, operating cash register, spot cleaning and maintenance, visitor services. Page 47 of 104 Aquatics Manager – Page 2 MINIMUM QUALIFICATIONS A. Education and Experience 1. Associate's degree or significant coursework in Recreation, Physical Education or related field. 2. Three (3) years of progressively responsible experience in a recreation management setting; of which, two (2) years of experience in the management of an aquatics facility is preferred. - OR - 3. An equivalent combination of education and experience B. Required Knowledge, Skills and Abilities 1. Ability to establish and maintain effective working relationships with employees, city staff, volunteers, other agencies, and the public; ability to communicate effectively verbally and in writing with other employees and the public. 2. Considerable initiative and sound judgment. Able to work from broad direction with limited supervision. 3. Considerable knowledge in planning, organizing, and implementing aquatics programming. 4. Working knowledge of swimming pool filters, mechanical systems and the use of chemicals for swimming pool and water chemistry. 5. Ability to plan, organize, assign and review the work of subordinate staff; effectively motivate, develop and discipline subordinate staff. C. Special Qualifications (Licenses, Certifications, etc.) • Must hold a valid Utah Driver’s license • Certified as an Aquatic Facility Operator (AFO) or certified Pool Operator (CPO) • Certified in first aid, CPR for the Professional Rescuer and WSI lifeguard training or equivalent. • Certified Park and Recreation Professional (CPRP) certification strongly desired D. Work Environment and Physical Demands The Aquatics Manager position is a physically active position. Tasks may entail muscular strain, including walking, standing, stooping, sitting, reaching and lifting. Talking, hearing and seeing are essential to performing job requirements. Common eye, hand and finger dexterity is required for most essential functions. Page 48 of 104 Aquatics Manager – Page 3 SELECTION GUIDELINES Formal application and final interview with hiring panel. Successful completion of a pre- employment drug and alcohol screen test. Subject to background and criminal investigation. Page 49 of 104 Moab Recreation & Aquatic Center Director(Full-time)Child Care Attendants(Part-time)Fitness Coordinator(Part-time)Aquatics Manager(Full-time)Admin Assistants(Part-time)Custodial/Maintenance(Part-time)Aquatics Assistant Manager(Part-time)Program Instructors(Part-time)Lifeguards(Part-time)Fitness Instructors(Part-time)8/17/2010MOAB RECREATION & AQUATIC CENTER ORGANIZATIONAL CHARTRecreation Director(Full-time)Moab Recreation & Aquatic Center Director(Full-time)Child Care Attendants(Part-time)Fitness Coordinator(Part-time)Aquatics Manager(Full-time)Admin Assistants(Part-time)Page 50 of 104 MRAC Annual Personnel Cost Projections Summary Hours Pay Rate* Ann Pay Bene's Total Aquatics Mgr 2088 14.98$ 31,278$ 18,767$ 50,045$ Aquatics AM 360 13.66$ 4,918$ 376$ 5,294$ Aqu Instr's 1584 11.90$ 18,850$ 1,442$ 20,292$ Lifeguards 11,458 8.10$ 92,810$ 7,100$ 99,910$ 15490 147,855$ 27,685$ 175,540$ Director 2088 16.45$ 34,348$ 20,609$ 54,956$ Cust/maint 1044 9.85$ 10,283$ 787$ 10,604$ Fit Coord 1000 13.05$ 13,050$ 998$ 14,048$ Front Desk 5496 10.34$ 56,829$ 4,347$ 61,176$ Child Care 1600 8.10$ 12,960$ 991$ 13,951$ Fitness Instr's 1200 11.90$ 14,280$ 1,092$ 15,372$ 10340 107,402$ 28,825$ 136,227$ 255,257$ 56,510$ 311,767$ TOTAL ANNUAL S/W* * reflects FY 2011-12 rates Page 51 of 104 MRAC Personnel Projections - Aquatic Manager ($14.98/hr), Aquatic Asst Mgr ($13.66/hr)MRAC Personnel Projections - Aquatic Manager ($14.98/hr)(Sample Schedule)(Sample Schedule)Summer - 18 wks Non-Summer - 34 wks Mon TuesWed ThursFri Sat SunMon TuesWed ThursFri Sat Sun6:00 AM6:00 AM7:00 AMAM7:00 AM8:00 AMAMMMMMAMAM8:00 AM111 119:00 AMAMMMMMAMAM9:00 AM111 1110:00 AMAMMMMMAM10:00 AM111 1111:00 AMAMMMMM M11:00 AM111 1112:00 PMMAM12:00 PM1:00 PMAM M M M M M AM1:00 PM111 112:00 PMAM M M M M M AM2:00 PM111 113:00 PMAM M M M M M AM3:00 PM111 114:00 PMAM M M M M M AM4:00 PM111 115:00 PMAMM AM5:00 PM6:00 PMM6:00 PM7:00 PM7:00 PM988881190888 880ManagerAsst Mgrwkly hrs 40seas hrs 1360wkly hrs 40 seas hrs 720wkly hrs 20 seas hrs 360wkly wage 599$ seas wage 20,373$ wkly wage599.20$ seas wage 10,786$ wkly wage 273$ seas wage 4,918$ Total Ann Mgr Wages 31,158$ Total Ann Asst Mgr Wages 4,918$ Total Ann Mgr Wages 31,158$ Bene's 18,695$ Bene's376$ Bene's 18,695$ 49,853$ 5,294$ 49,853$ * Schedule for planning purposes only. Not final schedule.* Schedule for planning purposes only. Not final schedule.Page 52 of 104 Resolution #21-2010 Page 1 of 1 RESOLUTION #21-2010 A RESOLUTION DESIGNATING DEPOSITORIES FOR MOAB CITY FUNDS Zion’s First National Bank Wells Fargo Bank Utah Public Treasurer’s 330 South Main 4 North Main Street Investment Fund Moab, Utah 84532 Moab, Utah 84532 E315 State Capitol S.L.C., Utah 84114 WHEREAS, at a Regular Meeting of the Moab City Council of the City of Moab, held on the 9th day of November, 2010, at which a quorum was present, the following officers were duly appointed for the ensuing year and until their successors shall be appointed and shall have qualified; to have signature authority for Moab City Corporation at the above mentioned financial institutions which hold city (public) funds: Recorder, Rachel Ellison Treasurer, Jennie Ross Deputy Recorder, Danielle Guerrero Deputy Recorder, Beth Joseph Deputy Treasurer, Chantel M. Lindsay City Councilmember Kyle Bailey NOW THEREFORE, BE IT RESOLVED, THAT under the rules of the City of Moab, any funds deposited to its credit with Zion’s First National Bank of Moab or Wells Fargo Bank of Moab may be withdrawn by the combined signatures of one (1) of the Recorder or Deputy Recorder and any one (1) Treasurer or Deputy Treasurer who are authorized to endorse and sign checks, drafts, and orders for payment of money in accordance with signature cards accompanying this authorization. In the absence of either both the Recorder and Deputy Recorder or both the Treasurer or Deputy Treasurer, the above mentioned City Councilmember shall be authorized to endorse and sign checks, drafts, and order for payment of money in accordance with signature cards accompanying this authorization by the combined signatures of one (1) Recorder or Deputy Recorder and (1) Treasurer or Deputy Treasurer or one (1) City Councilmember. PASSED, ADOPTED, APPROVED AND EFFECTIVE this 9th day of November, 2010 in open Council at Moab, Utah. Approved:_____________________ David L. Sakrison Mayor Attest: _________________________________ Rachel Ellison City Recorder Page 53 of 104 Page 54 of 104 Page 55 of 104 Page 56 of 104 Page 57 of 104 Page 58 of 104 Page 59 of 104 Page 60 of 104 Page 61 of 104 Page 62 of 104 Page 63 of 104 Page 64 of 104 Resolution #22-2010 Page 1 Resolution #22-2010 A RESOLUTION APPROVING THE CITY OF MOAB 2010-2011 PERMANENT COMMUNITY IMPACT FUND BOARD (CIB) COMPREHENSIVE PROJECTS LIST WHEREAS, the City of Moab shall approve, on a yearly basis, the consolidated list of projects to be submitted and reviewed for CIB funding, and shall rate and approve funding priorities for all City projects submitted to the CIB for funding. NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to approve the Community Impact Board Fund (CIB) project list for 2010-2011 as follows: Applicant Priority Entity Project Description Estimated Total Cost Funding Sources CIB Request A Short Term Submittal: 6/1/2011 Grand County/City of Moab Lions Park Restoration $2,500,000 Federal $1,750,000 Local $500,000 CIB $250,000 $250,000 A Short Term Submittal: 2011 City of Moab Storm Drainage, Detention Basins, Out Fall $6,000,000 City/ Division of Water Quality/CIB $2,000,000 ( grant/loan) A Short Term Submittal: 2011 City of Moab Highway 191 Gateway Plan/Storm Water Drainage Improvements along Hwy $1,200,000 City State Parks Scenic Byway Federal $250,000 (grant/loan) A Short Term Submittal: 2011 Grand County/City of Moab/Utah State University Infrastructure for USU Campus $2,500,000 CIB/USU $1,250,000 This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of the City of Moab in open session this 9th Day of November, 2011 CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel Ellison City Recorder Page 65 of 104 Page 66 of 104 Page 67 of 104 Page 68 of 104 Page 69 of 104 Page 70 of 104 Page 71 of 104 Page 72 of 104 Page 73 of 104 Page 74 of 104 Page 75 of 104 Page 76 of 104 Page 77 of 104 Page 78 of 104 Page 79 of 104 Page 80 of 104 Page 81 of 104 Page 82 of 104 Page 83 of 104 Page 84 of 104 Page 85 of 104 Page 86 of 104 Page 87 of 104 1 ORDINANCE #2010-23 AN ORDINANCE ENACTING CHAPTER 9.36 OF THE MOAB MUNICIPAL CODE REGARDING UNLAWFUL DISCRIMINATORY HOUSING PRACTICES BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY WHEREAS, Moab comprises many diverse groups, communities and individuals, and the City of Moab values this diversity; and WHEREAS, the City of Moab has determined that discriminatory practices can impede the social and economic progress of the City by preventing all people from contributing to or fully participating in the cultural, spiritual, social and commercial life of the community, which is essential to the growth and vitality of the City’s neighborhoods and businesses; and WHEREAS, the Utah Fair Housing Act Utah Code Section 57-21-1 et seq. addresses housing-related discrimination based on race; color; religion; sex; national origin; familial status; source of income; or disability, but does not address housing-related discrimination based on sexual orientation or gender identity; and WHEREAS, Utah Code Annotated section 10-8-84(1) grants the City of Moab the power to “provide for the safety” “promote the prosperity . . . and comfort and convenience” of “the city and its inhabitants”; and NOW, THEREFORE, the City Council of the City of Moab does hereby ordain as follows: That Chapter 9.36, Moab Municipal Code, pertaining to discrimination in housing practices based upon sexual orientation and gender identity, is enacted to read as follows: CHAPTER 9.36 HOUSING DISCRIMINATION Sections: 09.36.010 Purpose 09.36.020 Administration 09.36.030 No Private Right of Action; No Special Rights 09.36.040 Severability 09.36.050 Definitions 09.36.060 Applicability 09.36.070 Unlawful Housing Practices 09.36.080 Unlawful Intimidation and Retaliation 09.36.090 Procedures for Filing Complaints 09.36.100 Investigation 09.36.110 Conciliation 09.36.120 Disposition of a Complaint 09.36.130 Offenses and Penalties Page 88 of 104 2 09.36.010 Purpose The purpose of this Chapter is to ensure that every person within the City has the right to seek housing without undue discrimination. Discriminatory housing practices can be detrimental because they impede the social and economic progress of the City by preventing all of the City’s citizens from contributing to or fully participating in the cultural, spiritual, social and commercial life of the community, which is essential to the growth and vitality of the City’s neighborhoods and businesses. While the Utah Fair Housing Act, Utah Code Section, 57-21-1 et seq., addresses housing related discrimination based on race; color; religion; sex; national origin; familial status; source of income; and disability, it does not address discrimination based on sexual orientation or gender identity. It a further the purpose of this Chapter to provide a clear and comprehensive mandate for the prevention and elimination of discrimination in housing in the City against individuals based upon sexual orientation or gender identity and this Chapter shall be liberally construed to achieve that purpose. 09.36.020 Administration The City Manager is responsible for administering and implementing this Chapter. 09.36.030 No Private Right of Action; No Special Rights This Chapter does not create a private cause of action, nor does it create any right or remedy that is the same or substantially equivalent to the remedies provided under federal or state law. This Chapter does not create any special rights or privileges which would not be available to all of the City’s citizens because every person has a sexual orientation and a gender identity. 09.36.040 Severability If any section, sentence, paragraph, term, definition or provision of this Chapter is for any reason determined to be illegal, invalid, superseded by other authority or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term, definition or provision of this chapter, all of which will remain in full force and effect. 09.36.050 Definitions In this Chapter: A. CITY means all area within the incorporated city limits of the City of Moab, Utah. B. CITY ATTORNEY means the duly appointed City Attorney. Page 89 of 104 3 C. CITY OF MOAB means the City of Moab as a corporate entity. D. CITY MANAGER means the duly appointed City Manager. E. CITY PROSECUTOR means the duly appointed City Prosecutor. F. COMPLAINANT means a person, including the City Manager, who files a complaint under this chapter. G. CONCILIATION means the attempted resolution of issues raised in a complaint filed under this chapter, or raised in the investigation of the complaint, through informal negotiations involving the Complainant, the Respondent, and the City Manager. H. CONCILIATION AGREEMENT means a written agreement setting forth the resolution of issues by conciliation under this chapter. I. DISCRIMINATION means any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person or persons because of a person’s actual or perceived sexual orientation or gender identity or because of a person’s association with any such person. Discrimination shall not be interpreted to require or to grant or accord preferential treatment to any person because of that person’s sexual orientation or gender identity. J. DWELLING means any building or structure, or a portion of a building or structure, occupied as, or designed or intended for occupancy as, a residence of one or more families inside the City and vacant land that is offered for sale or lease for the construction or location of a dwelling inside the City. K. GENDER IDENTITY means a person’s actual or perceived gender identity, appearance, mannerisms, or other characteristics of a person with or without regard to the person’s sex at birth. L. PERSON includes one or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under the United States Bankruptcy Code, receivers, and fiduciaries. M. REAL ESTATE BROKER or SALESPERSON means a principal real estate broker, an associate real estate broker, or a real estate sales agent as those terms are defined in Utah Code Section 61-2-2 or any successor provision. N. RELIGIOUS ORGANIZATION means a religious corporation, association, educational institution, society, trust, or any entity or association which is a wholly owned or controlled subsidiary or agency of any religious corporation, association, society, trust or corporation sole. O. RENT means to lease, sublease, let, or otherwise grant for a consideration the right to occupy premises not owned by the occupant. P. RESIDENTIAL REAL ESTATE RELATED TRANSACTION means the making or purchasing loans or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling; or selling, brokering, or appraising residential real property inside the City. Q. RESPONDENT means a person identified in a complaint as having committed an unlawful housing practice under this chapter. R. SEXUAL ORIENTATION means a person’s actual or perceived orientation as heterosexual, homosexual, or bisexual. S. UNLAWFUL PRACTICE means a discriminatory act or practice relating to housing that is prohibited under this chapter. Page 90 of 104 4 09.36.060 Applicability This Chapter applies to housing practices within the corporate limits of the City of Moab. This Chapter does not apply to a temporary or permanent residence facility operated by a nonprofit organization; a charitable organization; or a person in conjunction with a religious organization, association, or society, including any dormitory operated by a public or private educational institution, if the discrimination is based on sexual orientation or gender identity for reasons of personal modesty or privacy or in the furtherance of a religious organization’s sincerely held religious beliefs. This Chapter does not prohibit or restrict a religious organization or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization from limiting the sale, rental, or occupancy of dwellings it owns or operates for primarily noncommercial purposes to persons of the same religion, or from giving preference to such persons. This Chapter does not prohibit distinctions based on a person’s inability or failure to fulfill the terms and conditions, including financial obligations, of a lease, rental agreement, contract of purchase or sale, mortgage, trust deed, or other financing agreement. This Chapter does not apply to: 1) the United States government, any of its departments or agencies, or any corporation wholly owned by it; or 2) the government of the State of Utah or any of its departments, agencies, or political subdivision, except for the City and Grand County. 09.36.070 Unlawful Housing Practices A. It is a discriminatory housing practice to do any of the following: 1. refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental, or otherwise deny or make unavailable any dwelling from any person because of the person’s sexual orientation or gender identity; 2. discriminate against any person in the terms, conditions, or privileges of the sale or rental of any dwelling or in providing facilities or services in connection with the dwelling because of the person’s sexual orientation or gender identity; 3. represent to any person that any dwelling is not available for inspection, sale, or rental when in fact the dwelling is available; 4. to make a representation orally or in writing or make, print, circulate, publish, post, or cause to be made, printed, circulated, published, or posted any notice, statement, or advertisement, or to use any application form for the sale or rental of a dwelling, that directly or indirectly expresses any preference, limitation, or discrimination based on sexual orientation or gender identity, or expresses any intent to make any such preference, limitation, or discrimination; Page 91 of 104 5 5. to induce or attempt to induce, for profit, any person to buy, sell, or rent any dwelling by making representations about the entry or prospective entry into the neighborhood of persons of a particular sexual orientation or gender identity; 6. engage in any discriminatory housing practices because of sexual orientation or gender identity based upon a person’s association with another person. B. It is a discriminatory housing practice for a real estate broker or salesperson to do any of the following because of a person’s sexual orientation or gender identity: 1. to discriminate against any person in making available a residential real estate transaction, or in the terms or conditions of the transaction, inside the City, because of a person’s sexual orientation or gender identity; 2. to deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of selling or renting dwellings inside the City or to discriminate against any person in the terms or conditions of access, membership, or participation in the organization, service, or facility inside the City because of a person’s sexual orientation or gender identity; or 3. engage in any discriminatory housing practices inside the City because of sexual orientation or gender identity based upon a person’s association with another person. C. Exceptions. This Chapter does not apply to the following: 1. The sale or rental of any single-family dwelling, if the owner: (i) Owns an interest in fewer than five single-family dwellings held for lease or sale at one time located inside the City; (ii) has sold fewer than three single-family dwellings inside the City in which the owner resided in the dwelling within the 24-month period preceding the sale or rental of the dwelling; and (iii) does not use the services or facilities of any real estate broker, agent, or salesperson, or of any other person in the business of selling or renting dwellings, in connection with the sale or rental of the dwelling inside the City. 2. The rental of a dwelling, when the owner actually maintains and occupies part of the dwelling as a residence. 3. Nothing in this section prohibits conduct against a person because of the person’s conviction by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance under state or federal law. Page 92 of 104 6 09.36.080 Unlawful Intimidation and Retaliation It is unlawful for any person to discriminate against, harass, threaten, harm, damage, or otherwise penalize another person for opposing an unlawful practice, for filing a complaint, or for testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Chapter. 09.36.090 Procedures for Filing Complaints A. Any person who claims to have been injured by an unlawful housing practice may file a complaint with the City Manager. A complaint may also be filed by the City Manager if the City Manager has reasonable cause to believe that a person has committed an unlawful housing practice. A complaint must be filed within 180 calendar days after an alleged unlawful housing practice has occurred. B. A complaint must be in writing on a form provided by the City Manager, made under oath or affirmation, and contain the following information: 1. The Complainant’s name, address, and signature; 2. The date the alleged unlawful housing practice occurred; 3. A statement of the facts upon which the allegation of an unlawful practice are based; and 4. The Respondent’s name and address. C. Within ten days after the filing of a complaint, the City Manager shall: 1. Provide the Respondent named in the complaint written notice that a complaint alleging the commission of an unlawful housing practice has been filed against the Respondent; 2. Furnish a copy of the complaint to the Respondent; and 3. Advise the Respondent of the Respondent’s procedural rights and obligations, including the right to file a written, signed, and verified informal answer to the complaint within 15 days after service of notice of the complaint. D. Not later than the 15th day after service of the notice and copy of the complaint, a Respondent may file an answer to the complaint. The answer must be in writing, made under oath or affirmation, and contain the following information: 1. The Respondent’s name, address, telephone number, and signature of the Respondent or the Respondent’s attorney, if any; and 2. A concise statement of facts in response to the allegations in the complaint, including facts of any defense or exception. Page 93 of 104 7 09.36.100 Investigation A. Upon the filing of a complaint, the City Manager shall commence an investigation to determine the facts behind the complaint and whether there is reasonable cause to believe the Respondent committed an unlawful housing practice, except that no investigation may commence if, after reviewing the allegations of the complaint, the City Manager determines that the complaint does not come within the scope of this chapter. Upon determining that a particular complaint does not come within the scope of this chapter, the City Manager shall dismiss the complaint, notify the Complainant and the Respondent and take no further action. In connection with any investigation of a complaint filed under this chapter, the City Manager shall seek the voluntary cooperation of any person to: 1. Obtain access to premises, records, documents, individuals, and any other possible source of information; 2. Examine, record, and copy necessary materials; and 3. Take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation. B. The City Manager may request a subpoena duces tecum to compel the attendance of a witness or the production of relevant materials or documents. The City Manager may dismiss a complaint during the investigation and prior to referral to the City Prosecutor if the City Manager determines that: 1. The complaint was not filed within the required time period; 2. The location of the alleged unlawful housing practice is not within the City’s jurisdiction; 3. The alleged unlawful housing practice is not a violation of this chapter; 4. The Complainant refuses to cooperate with the City Manager in the investigation of the complaint or enforcement of an executed conciliation agreement; 5. The Complainant cannot be located after the City Manager has performed a reasonable search; 6. A conciliation agreement has been executed by the Complainant and Respondent. 7. The Complainant withdraws the complaint by written notice to the City Manager. 09.36.110 Conciliation A. During or after the investigation, but subsequent to the mailing of the notice of the complaint to the Respondent, the City Manager shall, if it appears that the Respondent has committed an unlawful housing practice, attempt to conciliate the complaint. In conciliating a complaint, the City Manager shall try to achieve a just resolution and obtain assurances that the Respondent will satisfactorily remedy any violation of the Complainant’s rights and take action to ensure the elimination of both present and future unlawful housing practices. A conciliation agreement may include: sensitivity training for the Respondent and/or the Respondent’s employees; the Page 94 of 104 8 Respondent’s agreement to adopt and pursue a policy of non-discrimination in its practices; and/or the Respondent’s agreement to not engage in discriminatory practices in the future. B. A conciliation agreement executed under this section must be in writing in a form approved by the City Attorney and must be signed and verified by the Respondent and the Complainant, subject to approval of the City Manager who shall indicate approval by signing the agreement. C. If a Respondent voluntarily enters into a conciliation agreement, the City Manager shall immediately dismiss the complaint. 09.36.120 Disposition of a Complaint If, upon completion of an investigation of a complaint, the City Manager determines that an unlawful housing practice has occurred and is unable to secure an acceptable conciliation agreement from the Respondent, then the City Manager shall file a report with the City Prosecutor for review, issuance of an information, and the initiation of an action in Justice Court. 09.36.130 Offenses and Penalties A person violates this Chapter if the person intentionally or knowingly violates a provision of this Chapter or if the person intentionally or knowingly obstructs or prevents compliance with this Chapter. An offense committed under this Chapter by a Respondent owning or operating twenty (20) or fewer dwellings is punishable by a fine of not more than $500.00. An offense committed under this chapter by a Respondent owning or operating twenty-one (21) or more dwellings or by a Real Estate Broker or Salesperson is punishable by a fine of not more than $1,000.00. This ordinance shall take effect on January 1, 2011. PASSED AND ADOPTED by action of the Governing Body of the City of Moab in open session this day of , 2010. ATTEST: Rachel Ellison Dave Sakrison Moab City Recorder Mayor of Moab City Page 95 of 104 1 ORDINANCE #2010-24 AN ORDINANCE ENACTING CHAPTER 9.40 OF THE MOAB MUNICIPAL CODE REGARDING UNLAWFUL DISCRIMINATION IN EMPLOYMENT PRACTICES BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY WHEREAS, Moab comprises many diverse groups, communities and individuals, and the City of Moab values this diversity; and WHEREAS, the City of Moab has determined that discriminatory practices can impede the social and economic progress of the City by preventing all people from contributing to or fully participating in the cultural, spiritual, social and commercial life of the community, which is essential to the growth and vitality of the City’s neighborhoods and businesses; and WHEREAS, the Utah Anti-Discrimination Act, Utah Code Section 34A-5-101 at seq. addresses employment-related discrimination based on race, color, religion, sex, pregnancy, childbirth or pregnancy-related conditions, national origin, age and disability, but does not address employment-related discrimination based on sexual orientation or gender identity, and WHEREAS, Utah Code Annotated section 10-8-84(1) grants the City of Moab the power to “provide for the safety” , “promote the prosperity . . . and comfort and convenience” of “the city and its inhabitants;” and NOW, THEREFORE, the City Council of the City of Moab does hereby ordain as follows: That Chapter 9.40, Moab Municipal Code, pertaining to discrimination in employment practices based upon sexual orientation and gender identity, is enacted to read as follows: Page 96 of 104 2 CHAPTER 9.40 EMPLOYMENT DISCRIMINATION Sections: 09.40.010 Purpose 09.40.020 Administration 09.40.030 No Private Right of Action; No Special Rights 09.40.040 Severability 09.40.050 Definitions 09.40.060 Applicability 09.40.070 Unlawful Employment Practices 09.40.080 Unlawful Intimidation and Retaliation 09.40.090 Procedures for Filing Complaints 09.40.100 Investigation 09.40.110 Conciliation 09.40.120 Disposition of a Complaint 09.40.130 Offenses and Penalties 09.40.010 Purpose The purpose of this Chapter is to ensure that every person within the City has the right to seek employment without undue discrimination. Discriminatory employment practices are detrimental because they impede the social and economic progress of the City by preventing all of the City’s citizens from contributing to or fully participating in the cultural, spiritual, social and commercial life of the community, which is essential to the growth and vitality of the City’s neighborhoods and businesses. While the Utah Anti- Discrimination Act, Utah Code Section 34A-5-101 at seq. addresses employment-related discrimination based on race, color, religion, sex, pregnancy, childbirth or pregnancy- related conditions, national origin, age and disability, it does not address discrimination based on sexual orientation or gender identity. It is further the purpose of this Chapter to provide a clear and comprehensive mandate for the prevention and elimination of discrimination in employment in the City against individuals based upon sexual orientation or gender identity and this Chapter shall be liberally construed to achieve that purpose. 09.40.020 Administration The City Manager is responsible for administering and implementing this chapter. 09.40.030 No Private Right of Action; No Special Rights This Chapter does not create a private cause of action, nor does it create any right or remedy that is the same or substantially equivalent to the remedies provided under Page 97 of 104 3 federal or state law. This Chapter does not create any special rights or privileges which would not be available to all of the City’s citizens because every person has a sexual orientation and a gender identity. 09.40.040 Severability If any section, sentence, paragraph, term, definition or provision of this Chapter is for any reason determined to be illegal, invalid, superseded by other authority or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term, definition or provision of this Chapter, all of which will remain in full force and effect. 09.40.050 Definitions In this Chapter: A. CITY means all area within the incorporated city limits of the City of Moab, Utah. B. CITY ATTORNEY means the City of Moab’s duly appointed City Attorney. C. CITY MANAGER means the City of Moab’s duly appointed City Manager. D. CITY OF MOAB means the City of Moab as a corporate entity. E. CITY PROSECUTOR means the City of Moab’s duly appointed City Prosecutor. F. COMPLAINANT means a person, including the City Manager, who files a complaint under this chapter. G. CONCILIATION means the attempted resolution of issues raised in a complaint filed under this chapter, or raised in the investigation of the complaint, through informal negotiations involving the Complainant, the Respondent, and the City Manager. H. CONCILIATION AGREEMENT means a written agreement setting forth the resolution of issues by conciliation under this chapter. I. DISCRIMINATION means any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person because of a person’s actual or perceived sexual orientation or gender identity or because of a person’s association with any such person. Discrimination shall not be interpreted to require or to grant or accord preferential treatment to any person because of that person’s sexual orientation or gender identity. J. EMPLOYEE means any individual applying with or employed by an employer. The term does not include an elected official. K. EMPLOYER means any person employing fifteen (15) or more employees in the City for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and includes any agent of such a person. Page 98 of 104 4 L. EMPLOYMENT AGENCY means any person, and any agent of a person, undertaking to procure employees or opportunities to work for any other person in the City or holding itself out to be equipped to procure employees or opportunities to work for any other person in the City. M. GENDER IDENTITY means a person’s actual or perceived gender identity, appearance, mannerisms, or other characteristics of an individual with or without regard to the person’s sex at birth. N. LABOR ORGANIZATION means any organization that exists for the purpose in whole or in part of collective dealing with Employers concerning grievances, terms or conditions of employment; or other mutual aid or protection in connection with employment. O. OTHERWISE QUALIFIED means a person who possesses the following required by an employer for any particular job, job classification, or position: 1. education; 2. training; 3. ability; 4. moral character; 5. integrity; 6. disposition to work; 7. adherence to reasonable rules and regulations; and 8. other job related qualifications required by an employer. P. PERSON means one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, receivers, the City of Moab and Grand County as employers. Q. RELIGIOUS ORGANIZATION means a religious corporation, association, educational institution, society, trust or any entity or association which is a wholly owned or controlled subsidiary or agency of any religious corporation, association, society, trust or corporation sole. R. RESPONDENT means a person identified in a complaint as having committed an unlawful practice under this chapter. S. SEXUAL ORIENTATION means a person’s actual or perceived orientation as heterosexual, homosexual, or bisexual. T. UNLAWFUL PRACTICE means a discriminatory act or practice relating to employment that is prohibited under this chapter. 09.40.060 Applicability This chapter does not apply to: A. A religious organization; B. An expressive association whose employment of a person protected by this Chapter would significantly burden the association’s rights of expressive association under Boy Scouts of America v. Dale, 530 U.S. 640 (2000); the United States Page 99 of 104 5 government, any of its departments or agencies, or any corporation wholly owned by it; or C. The United States government, any of its departments or agencies, or any corporation wholly owned by it; or the State of Utah or any of its departments, agencies, or political subdivisions except for the City of Moab and Grand County as corporate entities. 09.40.070 Unlawful Employment Practices A. Employers. An employer may not refuse to hire, promote, discharge, demote, or terminate any person, and may not retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against any person otherwise qualified because of a person’s sexual orientation or gender identity. B. Employment agencies. An employment agency may not refuse to list and properly classify for employment, or refuse to refer a person for employment, in a known available job for which the person is otherwise qualified, because of a person’s sexual orientation or gender identity. C. Labor organizations. A labor organization may not exclude any person otherwise qualified from full membership rights in the labor organization, expel the person from membership in the labor organization, or otherwise discriminate against or harass any of the labor organization's members in full employment of work opportunity, or representation, because of a person’s sexual orientation or gender identity. D. Training programs. An employer, labor organization, joint apprenticeship committee, or vocational school, providing, coordinating, or controlling apprenticeship programs, or providing, coordinating, or controlling on-the-job-training programs, instruction, training, or retraining programs may not deny to, or withhold from, any qualified person, the right to be admitted to, or participate in any apprenticeship training program, on-the-job-training program, or other occupational instruction, training or retraining program, because of a person’s sexual orientation or gender identity. E. Notices and advertisements. Unless based upon a bona fide occupational qualification, or required by and given to an agency of government for security reasons, an employer, employment agency, or labor organization may not print, or circulate, or cause to be printed or circulated, any statement, advertisement, or publication, use any form of application for employment or membership, or make any inquiry in connection with prospective employment or membership that expresses, either directly or indirectly any limitation, specification, or discrimination because of a person’s sexual orientation or gender identity. It is unlawful for a joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to print or publish, or cause to be printed or published, any notice or advertisement relating to admission to, or employment in, any program established to provide apprenticeship or other training by the joint labor-management committee that indicates any preference, limitation, specification, or discrimination, based on sexual orientation or gender identity. Page 100 of 104 6 Nothing in this Chapter prohibits a notice or advertisement from indicating a preference, limitation, specification, or discrimination based on sexual orientation or gender identity when sexual orientation or gender identity is a bona fide occupational qualification for employment. F. No Preferential Treatment. Nothing in this Chapter shall be interpreted to require any employer, employment agency, labor organization, vocational school, joint labor-management committee, or apprenticeship program subject to this Chapter to grant preferential treatment to any person because of the person’s sexual orientation or gender identity on account of an imbalance which may exist with respect to the total number or percentage of persons of any sexual orientation or gender identity employed by any employer, referred or classified for employment by an employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of that sexual orientation or gender identity available in the City’s available work force. 09.40.080 Unlawful Intimidation and Retaliation It is unlawful for any person to discriminate against, harass, threaten, harm, damage, or otherwise penalize another person for opposing an unlawful practice, for filing a complaint, or for testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this chapter. 09.40.090 Procedures for Filing Complaints A. Any person who claims to have been injured by an unlawful employment practice subject to the City’s jurisdiction under this Chapter may file a complaint with the City Manager. A complaint may also be filed by the City Manager if the City Manager has reasonable cause to believe that a person has committed an unlawful employment practice. A complaint must be filed within 180 calendar days after an alleged unlawful employment practice has occurred. B. A complaint must be in writing on a form provided by the City Manager, made under oath or affirmation, and contain the following information: 1. The Complainant’s name, address, and signature; 2. The date the alleged unlawful employment practice occurred; 3. A statement of the facts upon which the allegation of an unlawful employment practice are based; and 4. The Respondent’s name and address. C. Promptly after the filing of a complaint, the City Manager shall: 1. Provide the Respondent named in the complaint written notice that a complaint alleging the commission of an unlawful employment practice has been filed against the Respondent; Page 101 of 104 7 2. Furnish a copy of the complaint to the Respondent; and 3. Advise the Respondent of the Respondent’s procedural rights and obligations, including the right to file a written, signed, and verified informal answer to the complaint within 15 days after service of notice of the complaint. D. Not later than the 15th day after service of the notice and copy of the complaint, a Respondent may file an answer to the complaint. The answer must be in writing, made under oath or affirmation, and contain the following information: 1. The Respondent’s name, address, telephone number, and signature of the Respondent or the Respondent’s attorney, if any; and 2. A concise statement of facts in response to the allegations in the complaint, including facts of any defense or exception. 09.40.100 Investigation A. Upon the filing of a complaint, the City Manager shall commence an investigation to determine the facts behind the complaint and whether there is reasonable cause to believe the Respondent committed an unlawful employment practice, except that no investigation may commence if, after reviewing the allegations of the complaint, the City Manager determines that the complaint does not come within the scope of this chapter. Upon determining that a particular complaint does not come within the scope of this chapter, the City Manager shall dismiss the complaint, notify the Complainant and Respondent and take no further action. B. In connection with any investigation of a complaint filed under this chapter, the City Manager shall seek the voluntary cooperation of any person to: 1. Obtain access to premises, records, documents, individuals, and any other possible source of information; 2. Examine, record, and copy necessary materials; and 3. Take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation. C. The City Manager may request the issuance of a subpoena or subpoena duces tecum to compel the attendance of a witness or the production of relevant materials or documents. D. The City Manager may dismiss a complaint during the investigation and prior to referral to the City Prosecutor if the City Manager determines that: 1. The complaint was not filed within the required time period; 2. The location of the alleged unlawful employment practice is not within the City’s jurisdiction; 3. The employer does not employ a sufficient number of employees in the City to meet this chapter’s jurisdictional requirements; Page 102 of 104 8 4. The alleged unlawful employment practice is not a violation of this chapter; 5. The Complainant refuses to cooperate with the City Manager in the investigation of the complaint or enforcement of an executed conciliation agreement; 6. The Complainant cannot be located after the City Manager has performed a reasonable search; or 7. A conciliation agreement has been executed by the Complainant and Respondent. 8. The Complainant withdraws the complaint by written notice to the City Manager. 09.40.110 Conciliation A. During or after the investigation, but subsequent to the mailing of the notice of the complaint to the Respondent, the City Manager shall, if the Respondent appears to have committed an unlawful employment practice, attempt to conciliate the complaint. In conciliating a complaint, the City Manager shall try to achieve a just resolution and obtain assurances that the Respondent will satisfactorily remedy any violation of the Complainant’s rights and take action to ensure the elimination of both present and future unlawful employment practices. A conciliation agreement may include: sensitivity training for the Respondent and/or the Respondent’s employees; the Respondent’s agreement to adopt and pursue a policy of non-discrimination in employment practices; and the Respondent’s agreement to not engage in discriminatory practices in the future. B. A conciliation agreement executed under this section must be in writing in a form approved by the City Attorney and must be signed and verified by the Respondent and the Complainant, subject to approval of the City Manager who shall indicate approval by signing the agreement. C. If a Respondent voluntarily enters into a conciliation agreement, the City Manager shall immediately dismiss the complaint. 09.40.120 Disposition of a Complaint A. If, upon completion of an investigation of a complaint, the City Manager determines that an unlawful employment practice has occurred and is unable to secure an acceptable conciliation agreement from the Respondent, then the City Manager shall file a report with the City Prosecutor for review, issuance of an information, and the initiation of an action in Justice Court. 09.40.130 Offenses and Penalties A person violates this chapter if the person engages in any action made unlawful by this Chapter. An offense committed under this chapter by an employer employing fifty (50) or fewer employees is punishable by a civil fine of not more than $500.00. An offense committed under this chapter by an individual employing fifty-one (51) or more Page 103 of 104 9 employees or by an employment agency or labor organization is punishable by a civil fine of not more than $1,000.00. This ordinance shall take effect on January 1, 2011. PASSED AND ADOPTED by action of the Governing Body of the City of Moab in open session this day of , 2010. ATTEST: Rachel Ellison Dave Sakrison Moab City Recorder Mayor of Moab City Page 104 of 104