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HomeMy Public PortalAboutPKT-CC-2018-02-27Moab City Council February 27, 2018 Pre -Council Workshop **6:00 PM** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 86 Page 2 of 86 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, February 27, 2018 at 6:00 p.m. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 6:00 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: SECTION 7: PRE -COUNCIL WORKSHOP • Planning Priorities Discussion and Departmental Update • Information Regarding Water Adjudication CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 February 13, 2018 MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORTS CITIZENS TO BE HEARD PRESENTATIONS 5-1 5-2 Presentation of the Mayor's Student Citizenship of the Month Award for February 2018 for Helen M. Knight School Presentation of the Mayor's Student Citizenship of the Month Award for February 2018 for the Moab Charter School SPECIAL EVENTS/VENDORS/BEER LICENSES/SOLICITORS 6-1 Approval of a Private Property Vendor License for Craig Saleeby, d.b.a. Spitfire Smokehouse, located at 221 South Main Street for a term of March 1, 2018 to March 1, 2019 6-2 Approval of a Private Property Vendor License for Joelle Riddle & Max Schon, d.b.a. Yummytown Food Truck, located at 83 South Main Street for a term of March 1, 2018 to March 1, 2019 OLD BUSINESS 7-1 Approval of Proposed Resolution #14-2018 - A Resolution Supporting the Proposed Arches National Park Reservation System 7-2 Reconsideration of a Request for Waiver of Swanny Park Use Fees in an amount Page 3 of 86 not to exceed $1,425 for Moab Rotary Car Show 7-3 Approval of Proposed Ordinance #2018-02 — An Ordinance amending the City of Moab Municipal Code, Title 10 Vehicles and Traffic, Chapter 10.04 Vehicle Code; Specifically, the Recently Amended Section 10.04.230, to Further Clarify Restrictions for Vehicles Parked While Idling or Running SECTION 8: NEW BUSINESS 8-1 Approval of Proposed Resolution # 15-2018 — A Resolution Approving the City of Moab Biking Routes Plan 8-2 Approval of Future Campus of Utah State University— Mill Creek Drive West Extension Engineering Services Agreement 8-3 Briefing and Possible Approval on Changes to Sections 2.01 and 2.28 of Moab Municipal Code Regarding Procurement and Ethics — Proposed Ordinance #2018-03 — An Ordinance Amending City Procurement Procedures, Amending Certain Ethics Provisions, and Providing for Disclosure of Transactions in Which City Employees or Officials may have a Personal Interest 8-4 Approval of Revisions to 2018 City Council Meeting Dates 8-5 Approval of Proposed Resolution #16-2018 — A Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of Moab as Surplus SECTION 9: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 10: EXECUTIVE CLOSED SESSION 10-1 An Executive Session to Discuss Pending or Reasonably Imminent Litigation 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 4 of 86 MOAB CITY COUNCIL MINUTES -- DRAFT REGULAR MEETING FEBRUARY 13, 2018 Regular Meeting & Attendance: The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Pre -Council Workshop: Mayor Emily Niehaus called the Workshop to order at 6:00 PM. In attendance were Councilmembers Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd, Karen Guzman -Newton and Kalen Jones. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Public Works Director Pat Dean, Senior Projects Manager Amy Weiser, City Treasurer Jennie Ross, Police Chief Jim Winder, Planning Director Jeff Reinhart, Communications Director Lisa Church, Parks, Recreation and Trails Director Tif Miller, Assistant Police Chief Bret Edge, members of the Moab Police Department and Records Specialist Eve Tallman. The Workshop began with a presentation regarding a proposed Arches National Park (Arches) reservation system. Park Superintendent Kate Cannon presented data demonstrating dramatic increases in visitation since the 2013 inception of the "Mighty Five" advertising campaign promoting Utah's national parks. She spoke about crowded parking and roads, congestion at the entrance booth, and hourly trends showing low -use hours and explained the proposed reservation system for the months of March through October. She also described potential commercial shuttle services that could transport passengers. She stated there was a plan to allow for 25 percent visitation on a first -come -first -served basis. She posited that extending the season of visitation in Arches could extend the tourist season in Moab in general. She explained the Park's process for soliciting public input and creating the draft plan. Councilmember Jones asked if other parks have reservation systems, and she explained that some monuments require tickets, which is akin to a reservation system. She noted Muir Woods is about to begin a reservation system. Councilmember Guzman -Newton asked if there was a limit of 2,006 vehicles per day. Cannon explained the computerized method of monitoring the 2,006 vehicles allowed between 7am and 6pm. Councilmember Derasary thanked Cannon for the effort to alleviate the congestion at the Park and asked about the proposed shuttle service. Cannon stated the Park would advertise for a limited number of Commercial Use Authorizations (CUAs). Councilmember Derasary also asked about alternative fuel vehicles and Cannon noted these vendors would get favorable ratings in their bids. Derasary also asked about visitation to the Fiery Furnace, and Cannon noted that if you have a Fiery Furnace reservation, you don't need an entrance reservation. Cannon stated she is looking for a legal way to offer reservation -free access for local residents. Councilmember Knuteson-Boyd asked about other Park entrances and Cannon explained she is planning to keep other entries open and clarified she is not allowed to make plans beyond the boundaries of the park. Councilmember Duncan stated he has heard about the fear of a dramatic drop in business downtown. He stated he doesn't agree that visitors would rather wait for hours in line to get into the park in lieu of a reservation. Cannon stated she was charged with maintaining a quality visitor experience. The mission of the park was discussed. Councilmember Duncan explained the background of the resolution crafted for the Council. Councilmember Jones stated he had heard many concerns from citizens and commented that he felt the Park was open to feedback and hoped for continued responsiveness. Cannon said the proposed system is adjustable and added the resolution will help her cause. Councilmember Guzman -Newton asked if Cannon makes the final decision and Cannon clarified that she would propose the plan to her superiors. Page 1 of 8 February 13, 2018 Page 5 of 86 1-1 Minutes Mayor Niehaus opened the discussion to allow citizens to address Cannon with questions and comments. Ashley Korenblatt stated that that the Park is the main draw for many tourists to Moab and most visitors spend a lot of time utilizing adjacent public lands as well, so keeping the quality of the experience high on those public lands is just as important as at Arches. She noted the quality of the visitor experience is important when viewing the proposal through a business lens. She presented a letter signed by local business owners in support of the proposed reservation system. Brian Martinez asked about Commercial Use Authorizations and commented that the park was overselling those permits. He added that there is not enough park staff to monitor and control backcountry destruction. Kelly Green asked about a through -put at Willow Springs and asked about which non -Park entities would need to be involved in the development of a new road. Cannon replied that it would involve not only the Park Service but also the State, School and Institutional Trust Lands Administration (SITLA), the Bureau of Land Management, and the Railroad. She noted all the entities would not only have to agree on such a development, but would also have to fund it. Cannon expressed that the problem in the Park involves congestion and lack of parking once visitors enter the Park. Nancy Orr asked about whether the reservation system would be first -come -first -served or a lottery. Cannon stated she was not yet sure and she was not in favor of a system whereby all reservations would be available at one time. Colin Fryer stated his input had received no credible attention. He proposed expanding into the parkland by building gravel parking lots and using undeveloped park areas for picnic tables. He also proposed a new road from Devil's Garden to Highway 191. Fryer asked Cannon if she had explored working with other agencies to develop a road and she replied she had not since the proposed road did not meet the requirements of solving the congestion problem. The Workshop continued with an update on the implementation of the Affordable Housing Plan. Senior Projects Manager Weiser updated the Council on progress toward the local assured housing policy. She mentioned the Planned Area Development (PAD) mechanism and talked about the opportunity for zoning changes. She brought up the Affordable Housing Fund in the City's Budget, which has a balance of $75,000. She asked the Council to consider creating a permanent funding source for this line item, and asked about regular contributions to the Moab Area Community Land Trust, which is described at www.moabclt.org. Weiser also brought up opportunities such as land sales, land swaps, and creating an incentive program for deed -restricted housing developments. She mentioned the existing density bonus in the Planned Unit Development (PUD) section of the code for affordable housing units within a new development. Weiser presented a goal of adopting an assured housing policy by February 2019. She mentioned the next step would be to complete the NEXUS analysis. There was a discussion of Council priorities and Weiser requested a specific housing workshop separate from a regular council meeting or reassigning the topic to a future council agenda. Regular Meeting Called to Order: (1:00 on recording) Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. Forty-five members of the public and media were present. Approval of Minutes: Councilmember Duncan moved to approve the minutes of the January 20, 2018 meeting. Councilmember Jones seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Councilmember Jones moved to approve the minutes of the January 22, 2018 meeting. Councilmember Duncan seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor and Council Reports: Page 2 of 8 February 13, 2018 Page 6 of 86 1-1 Minutes Mayor Niehaus reported that she was learning about Pay for Success Financing, and had attended Local Officials Day at the state legislature. She listed several meetings she had attended and highlighted the meeting with officials from Park City. Councilmember Duncan mentioned his work on behalf of the City regarding water and noted that, according to the Utah Division of Water Rights' Regional Engineer Marc Stilson, all of Moab City's water rights are perfected. He also brought up that he had learned 70 percent of Park City's residences are second homes and there it a city property tax on second homes. Councilmember Derasary also mentioned the recent meeting with Park City officials regarding social equity initiatives and commended Moab's Multicultural Center. Derasary also reported on a recent Trailmix meeting and a meeting of the Uranium Mill Tailings Remedial Action (UMTRA) group and noted the upcoming opportunity for a visit to Washington DC to lobby for continued funding of the removal of the Moab tailings pile. Derasary also discussed the activities of the Utah League of Cities and Towns (ULCT) legislative committee and noted House Bill 175 which seeks to create a nine -member committee to scrutinize the acts of local governments. She also reported on House Bill 361 which would prohibit local governments from controlling placement and features of billboards. Councilmember Jones noted meetings he had attended, including with the dark skies group, the Local Officials' Day at the legislature, a Wattsmart session, and the Solid Waste district, which is working on a waste reduction plan. Councilmember Guzman -Newton reported she also attended Local Officials' Day, and participated in a workshop on holding public office. She mentioned her attendance at a school district meeting which dealt with drug interventions and Communities That Care. She noted that at a meeting of the airport board, she learned the airport construction is ahead of schedule and that there are currently several jobs for the Transportation Safety Administration (TSA) and SkyWest Airlines. She concluded with a report that she is chair of the airport art committee. Councilmember Knuteson-Boyd reported she also attended Local Officials' Day and the meeting with officials from Park City. She noted she had been writing many letters to legislators as a citizen. Administrative Reports: City Manager Everitt introduced Chief Winder, who introduced his selection for Assistant Police Chief - Bret Edge and praised the work that Edge has done on behalf of the Police Department and the Moab community. Several members of the law enforcement community were in attendance in support of Edge. The audience communicated approbation with long-lasting applause. Everitt reported he had been attending the legislature's rural caucus meetings and mentioned bills related to the Transient Room Tax (TRT). He also commented he had not seen proposed short-term rental legislation yet, and noted a recently -proposed bill regarding law enforcement officer retirement, another regarding administration of food truck businesses and concluded with mention of legislative oversight bills. Everitt also mentioned a recent meeting with the Utah Department of Transportation (UDOT) which mentioned realignment of an intersection of 400 North, and he outlined several projects in process, including Requests for Proposals (RFPs) for public works and planning, as well as a Request for Qualifications (RFQ) for a water rights attorney. He concluded his report with a brief update on the budget planning process, a recent meeting he attended of the Moab Area Travel Council, and the Council resolution on the park reservation system. Councilmember Derasary asked Everitt about the Page 3 of 8 February 13, 2018 Page 7 of 86 1-1 Minutes flashing speed limit sign on 300 South and suggested the sign was too close to 400 East and asked if the sign could be moved farther west to ensure motorists could see it. Derasary also asked for an update on the issue of idling semi -trucks on Highway 191, and also mentioned the speed limit changes and Everitt responded that he would ensure the City considers a comprehensive look at speed limits around town. Citizens to be Heard: Christy Calvin spoke about the April Action Car Show at Swanny Park. She asserted the City allows more, louder, and bigger events at the Park. She cited live music events during Farmers' Market, beer sales, sound amplification at races and generators, suggested all were inappropriate in the R-2 residential zone and C-3 commercial zone of the Swanny Park neighborhood. She stated that the traffic congestion and noise involving Car Show and other large events caused her family to leave town during the events. She asked for a freeze on new events and asked that residents be appointed to the Special Events committee. Calvin provided Councilmembers with a handout that described code violations of the car show event, including excessive noise during legal quiet hours and persons illegally camping in vehicles at the park during events. She recommended the Car Show venue be changed to the Arena and ball fields south of town. Bob Phillips spoke about the Arches National Park reservation system proposal. He stated he supported the Council resolution although he stated his skepticism about part of the resolution that inferred that the reservation system could alleviate Moab's affordable housing problem. He suggested banning motor vehicles from the Park. Joelle Riddle and Max Schon spoke about the business license renewal fee for their food truck establishment. Riddle commented that she felt the $960 renewal fee was exorbitant as restaurants have only a $90 renewal fee. Sara Melnicoff spoke in support of the Arches National Park reservation plan. Wendy Young submitted written comments during the Citizens to be Heard period. She suggested moving the Car Show and other large events to a better location. She noted that as a resident of Park Drive, "we experience the traffic noise and inconveniences of a lot of major events put on at Swanny Park. It is great to have it in town where it is easily accessed." She suggested enforcing/creating noise ordinances, limiting the number of events and the size of events with large events hosted elsewhere. She added that notifying residents in the area of events, road closures, etc. would also be appreciated. Lara Derasary submitted written comments during the Citizens to be Heard period. She requested that all neighborhoods impacted by road closures for special events be notified, either by special notice in the newspaper or by letter. She noted that her home on Wingate Avenue, as well as homes in her adjacent neighborhood, are impacted by road closures for the Half Marathon. She also noted that left turns from 500 West northbound onto Highway 191 were also not allowed during some busy weekends. She concurred with Christy Calvin about including affected residents in discussions regarding special event approval and future mitigation of noise and other concerns for events negatively impacting R-2 zones. SPECIAL EVENTS/VENDORS/BEER LICENSES/SOLICITORS: April Action Car Show: Mayor Niehaus separated each portion of the Car Show permissions into separate votes. Page 4 of 8 February 13, 2018 Page 8 of 86 1-1 Minutes Motion and Discussion: Councilmember Derasary moved to approve a Special Events License for Moab Rotary April Action Car Show to be held April 27 to 29, 2018 at Swanny City Park. Councilmember Knuteson-Boyd seconded the motion. Councilmember Jones offered an amendment to limit noise in the area and prohibited the use of generators before 7:00 AM, which Derasary and Knuteson-Boyd accepted to the motion. Citizen Calvin noted City code establishes quiet hours until 9:00 AM on Saturdays. Vote: The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Motion and Discussion: Councilmember Knuteson-Boyd moved to approve Special Use of Swanny City Park for the April Action Car Show to be held April 27 to 29, 2018. Councilmember Jones seconded the motion. Councilmember Knuteson-Boyd stated that, in view of comments, she noted that the Car Show was asked to change the venue but the hosts did not do it. She recommended the City needs to require a plan to move. Councilmember Derasary agreed with Knuteson-Boyd and asked for staff suggestions. There was discussion about data held by the Moab Area Travel Council regarding the number of events. Rotarian Joe Kingsley stated he has been involved with the Car Show for decades. He mentioned he had a strong feeling that the Rotary Club would move the Car Show next year. Vote: The motion carried 4-1 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd and Duncan voting aye and Guzman -Newton voting nay. Motion and Discussion: Councilmember Knuteson-Boyd moved to approve a Request for Waiver of Swanny Park Use Fee in an amount not to exceed $1,425. The motion did not receive a second and therefore failed. Councilmember Derasary moved to approve a Request for Waiver of Swanny Park Use Fee in an amount not to exceed $400. Councilmember Duncan seconded the motion. Discussion ensued regarding the waiver amount. Kingsley was asked how a reduction in the amount of the waiver would impact the Rotary. He stated all the proceeds fund scholarships and therefore there would be $1,000 less for scholarships. Councilmember Jones asked about the need for a generator and Kingsley stated the generator powers an ATM (cash) machine and power for food vendors. Councilmember Derasary asked about expenses borne by the City involving the event with regards to law enforcement. Councilmember Duncan also asked what expenses could be expected and City Manager Everitt stated the fees usually cover damage to the park, reseeding damaged grass, and the like. Councilmember Knuteson-Boyd suggested more discussion is needed in general regarding fee waivers for charity events. Derasary stated she felt the $400 figure was more in keeping with the usual amount waived for charity events. Vote: Councilmember Knuteson-Boyd moved to table the fee waiver motion. Councilmember Derasary seconded the motion to table. The motion to table passed 4-1 aye with Councilmembers Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye and Councilmember Jones voting nay. The fee waiver request was tabled until the next regular meeting. Real Estate Company of Moab Anniversary —Approved Motion and Vote: Councilmember Jones moved to approve Permits, a Class IV Special Event Retail Beer License, and Local Consent for a Single Event Permit for Real Estate Company of Moab's Ten -Year Anniversary on April 7, 2018 at 50 East Center Street. Councilmember Knuteson-Boyd seconded the motion. Rachel Moody described the event and extended an invitation. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Moab Cowboy Country Off Road Adventures —Approved Motion and Vote: Councilmember Derasary moved to approve a Private Property Vendor License for Christine and Kent Green, doing business as Moab Cowboy Country Off Road Adventures located at 83 Page 5 of 8 February 13, 2018 Page 9 of 86 1-1 Minutes South Main Street for a term of March 1, 2018 to February 28, 2019. Councilmember Duncan seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman - Newton and Duncan voting aye. Consent Agenda: (2:11 on recording) Mayor Niehaus separated the Consent Agenda into separate votes on each item. Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #07-2018 — A Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of Moab as Surplus and Authorizing Disposal of Said Property. Councilmember Duncan seconded the motion. Councilmember Derasary asked about City protocols regarding disposal of electronic equipment. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Motion and Vote: Councilmember Jones moved to approve Task Order 18-01 with Bowen Collins and Associates for the 150 West Pedestrian Bridge Redesign in an amount not to exceed $6,825. Councilmember Duncan seconded the motion. Councilmember Jones noted the profusion of pedestrian bridge redesigns. City Manager Everitt explained each project was convoluted with concerns of adjacent property owners and private property issues. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #08-2018 — A Resolution Amending the Park and Facilities Fee Schedule for the Center Street Gym. Councilmember Guzman -Newton seconded the motion. Councilmember Jones asked about the variation in commercial use fees and Parks, Recreation and Trails Director Miller explained the scale of use of a Half Marathon event versus a kids' summer camp. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Motion and Vote: Councilmember Duncan moved to approve Proposed Resolution #09-2018 — A Resolution Memorializing the Designation of Councilmembers and Staff as Liaisons to Various Community Boards and Organizations. Councilmember Jones seconded the motion. Councilmember Derasary raised a concern about the variation of the list presented with the resolution and how it differed from the list included in the minutes of the January 20 special retreat meeting. City Manager Everitt suggested the list in the resolution reflected Council appointments mainly, and staff appointments were reflected when a Councilmember was not involved on the board or committee. Councilmember Jones noted City representation in the Forest Plan Revision process was lacking and noted the County Council had a Public Lands liaison. City Attorney McAnany stated the City Council could also designate such a person. Jones commented that the City has interests involving wilderness values and public lands. The motion carried 3-2 aye, with Councilmembers Jones, Duncan and Guzman - Newton voting aye and Councilmembers Knuteson-Boyd and Derasary voting nay. Motion and Vote: Councilmember Duncan moved to approve a Contract by and between the City of Moab and Dorsett Technologies to furnish a Supervisory Control and Data Acquisition (SCADA) System for the City of Moab's Culinary Water System in a total cost not to exceed $150,000. Councilmember Derasary seconded the motion. Public Works Director Dean explained that SCADA systems may be intended for many things, and this one will monitor culinary water pressure, water levels, leak detection, and more. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson- Page 6 of 8 February 13, 2018 Page 10 of 86 1-1 Minutes Boyd, Duncan and Guzman -Newton voting aye. Old Business: (2:38 on recording) Planning Commission Priorities —Approved Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #10-2018 — A Resolution Memorializing the Moab City Planning and Zoning Commission's Priorities for 2018. Councilmember Duncan seconded the motion. Councilmember Jones proclaimed that he applauded the staff, Planning Commission members, and the Council for their efforts. Councilmember Guzman -Newton brought up the proposed Small Area Plan for the Powerhouse area. Councilmember Duncan asked about the time -frame for the priorities and it was clarified the list is for 2018. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Waste Hauling Rates —Approved Motion and Vote: Councilmember Jones moved to Proposed Resolution #11-2018 — A Resolution Modifying Waste Hauling Rates. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. New Business: Administrative Work Plan —Approved Motion and Vote: Councilmember Duncan moved to approve Proposed Resolution #12-2018—A Resolution Endorsing the City of Moab 2018-2019 Administrative Work Plan. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson- Boyd, Guzman -Newton and Duncan voting aye. Short-term Rental Uses —Approved Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #13-2018—A Resolution of the City of Moab, Town of Castle Valley and Grand County Utah to Maintain Local Zoning Authority over Short-term Rental Uses. Councilmember Jones seconded the motion. It was noted the state -level elected officials asked for a joint resolution. Mayor Niehaus thanked Councilmember Derasary for her efforts on this matter. Discussion ensued regarding one point of the resolution that dealt with the legality of advertising for an illegal use. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Arches National Park Reservation System —Tabled Motion and Vote: Councilmember Duncan moved to approve Proposed Resolution #14-2018—A Resolution Supporting the Proposed Arches National Park Reservation System. Councilmember Jones seconded the motion. Councilmember Knuteson-Boyd stated she was not ready to vote. She noted she supports the reservation system but doesn't agree with several points regarding the reservation system's purported effect on affordable housing, extending the retail season and year-round employment opportunities. She also noted the resolution did not extend kudos for the efforts of park staff to try to solve the congestion problem. Councilmember Jones concurred with what he stated was factual overreach. Councilmember Guzman -Newton also noted she disagreed with the last point regarding housing, employment and the tourist season. Councilmember Knuteson-Boyd moved to table the vote. Councilmember Guzman -Newton seconded the motion to table. The motion to table passed 3- 2 aye with Councilmembers Derasary, Knuteson-Boyd and Guzman -Newton voting aye and Councilmembers Jones and Duncan voting nay. Approval of Bills Against the City of Moab: Councilmember Guzman -Newton moved to pay the bills Page 7 of 8 February 13, 2018 Page 11 of 86 1-1 Minutes against the City of Moab in the amount of $1,951,308.73. Councilmember Jones seconded the motion. Guzman -Newton noted a one-time late fee payable to the Permanent Community Impact Board (CIB) in an amount of $6,000 and it was discussed that the fee was concerning and an investigation of CIB billings to other agencies was being pursued by the Local Government Trust. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Guzman -Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson- Boyd, Duncan and Guzman -Newton voting aye. Mayor Niehaus adjourned the meeting at 9:07 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 8 of 8 February 13, 2018 Page 12 of 86 1-1 Minutes Moab City Council Agenda Item Meeting Date: February 27, 2018 #: 6-1 Title: Approval of a Private Property Vendor License for Craig Saleeby, d.b.a. Spitfire Smokehouse, located at 221 South Main Street for a term of March 1, 2018 to March 1, 2019. Date Submitted: February 14, 2018 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer/Planning Background/Summary: This applicant was approved for a Private Property Vendor license at another location last year. The applicant is familiar with the terms and conditions of the Vendor regulations and has met all of the application requirements during his past year of operation. There were no complaints or violations. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Private Property Vendor License for Craig Saleeby, d.b.a. Spitfire Smokehouse, located at 221 South Main Street for a term of March 1, 2018 to March 1, 2019. Recommended Motion: "I move to approve a Private Property Vendor License for Craig Saleeby, d.b.a. Spitfire Smokehouse, located at 221 South Main Street." Attachment(s): Vendor Application Page 13 of 86 6-1 Special Events/Permits DATE PAID: AMOUNT PAID: RECEIPT No.: ivece. 14 BUSINESS NAME: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL— YEARLY) BUSINESS LICENSE NSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 269.5121 I FAX (435) 259.4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OFMOAB BUSINESS MAILING ADDRESS: /1,2-0 5 4=14 M t f L. CRY: i+( p cda FEE: $ (As DETERMINED BY RESOLUTION) LICENSE #: ZONE: BUSINESS PHONE: 47 v 'G (-I2-7Y STATE: u 1 ZIP: 9 } - e-maa address: 5-� t 122: c„)1� r, , , r_ 4 (r,�^- Locailon(s) where business will be conducted: Attach agreement of auth rizafion from properly owner(s) Including employee use of Restroom FaciCties ai IM c< +v` YVk a a {_ Length of time andlor specific dates business will be conducted: Proposed hours of operation: _ / { 7 Type (see definit'IonsCart ❑ Vehicle 0 Display Apparatus Vendor Type (see definitions): 0 Street Vendor 0 Sidewalk Vendor Goods, wares, services or merchandise Io be sold or offered for sale: El -Private Property Vendor ❑ Local Vendor ad Vendor BUSINESS OWNER'S NAME:, ; ` PHONE: 0.12 OWNER'S ADDRESS: + O 'Scrum Tt.i 1, CITY: k -% STATE: L Zip: I N 3 OWNER'S DRIVER LICENSE NUMBER & STATE DR 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 ID14 (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FOR TAX ID: /2 4 46 y 4- "� ��, f��. vc� � c C L. C- 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 14 of 86 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 SEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CM COUNCIL (IF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. IiWE _dr74 ,41_6CiIe HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEAsE Patel NANO) 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. IME UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER MIE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah Signature of icaal ) § } SUBCRIBED AND SWORN to before me this 1 7rrLL *-day of ` NO ARY PUBLIC County of Grand Dale ,� . BETE! W. MCCUE Notary Public State at Utah Comm. No. 683276 My Comm. Expires May 25, 2019 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. D Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. ➢ Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14* a Street Vendors, o Sidewalk Vendors, o Private property Vendors, and a Food Vendors, ➢ Local Vendor: Any person or any agent, or employee of any person who shall offer for saie 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. ! 1/27/2013 T iBUSLVh.5S LIC FOR,1lSIIilrs Lie - Vendor revisory. docr Page 15 of 86 VENDOR APPLICATION CHECKLIST RIPTION OF THE DISPLAY, APPARATUS OR CART (1F APPLICABLE) INCLUDING: IMENSIONS OF THESTRUCTURE HOTOGRAPHS OF STRUCTURE SITE PLAN TO A SCALE OF NOT LESS THAN 9/8"EQUALS ONE FOOT SHOWN w ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONSSee (_}�J' ❑ 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 k/ ❑ ALL EASEMENTS IMPACTING THE PROPERTY SIGN PLAN ❑ CERTIFICATION OF INSURANCE (1F OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK (IF PROPOSING OPERATION IN A RESIDENTIAL ZONE ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM ❑ 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. ZONING COMPLIANCE EVIDENCE zi>E<.,QOMPLETEATTACHED COMPLIANCE FORM ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER 1 ATTACHED WRITTEN RESTROOM AGREEMENT XREFUSE/RECYCL1NG PLAN (IF APPLICABLE) ri FIRE OR BU1, INSPECTION (IF APPLICABLE) OMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) C ATTACH A STATEMENT OF AUTHORlZA710N FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: I1/27/2013 TABLISINCSSLICENSESIBUSLICFORAISIBus c- Vendorrevfson.does Page 16 of 86 LICENSE APPROVALS MOAB CITY COUNCIL - o� AGENDA DATE: Ii APPROVED © DISAPPROVED REASON(S) SPECIAL CONDITIONS: CITY PLANNING IrAPPROVED © DISAPPROVED REASON(S) CITY RECORDER ❑ APPROVED ❑ DISAPPROVED REASONS):_ LICENSE EXPIRATION DATE: -+e SIGNATURE OF CITY RECORDER COMMITf�F REVIEW DATE: 02 -1 q - I APPROVED 0 DISAPPROVED REASON(S) Fee Calculation: Mobile Vendor Fee Structure Administrative Fee* $00 one time. fee f I/17/21 J Solid Waste Fee/Food vendors :Limited Term (less. than 30 days). $10 $610 Langfrerm (1 month 1,2 months) $20 *Waxed for local vendors with permanent business address in Grand County T:11JUS1NESS 1 ICFNSESi sus 1. IC FOR.IISI aus tic - Vendor rer isms dac r Page 17 of 86 per Month.or partial. month , Flat:Fee {includes administrative,fee} P r manth.(pkus a imin fee) -r- OWNERS NAME CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-51211 FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): 'A OTHER, PLEASE EXPLAIN: 1 ut.1.41--,-- /Thpjc) `ea, U�— BUSINESS NAME: BUSINESS ADDRESS: D a i S ALA; " j '- Tnua� TYPE OF BUSINESS (EXPLAIN IN DETAIL): BuSiNESSPHONE: q?v-6/f—y�7tr -p - OWNER'S PHONE `�7C1 $ -"/27N 1/44 ' (-A .i THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS, BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INS TION REQUIRED: YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION 2-! y- / 57 APPROVED DISAPPROVED REASON: SIGMA FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: WYES ❑ NO (SIGNATURE RECQ�UIRED) IF YES, DATE OF INSPECTION/ ` r, APPROVED rieDISAPPROVED ❑ REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD OPECTION REQUIRED: ES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION Z ` ` 18 APPROVED DISAPPROVED O REASON: SIGNATURE 07/0l/05 Page 18 of 86 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5121 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 I, Date. c? / (property owner name) am the owner of the property located at 2.-a (properly address and parcel lax [D f!) I understand that has applied for a business license for (name of business license applicant) 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 restracilities r loyees of the above listed business. Signature Printed Name Telephone # a-c e 040,.foe kf - EmaiI kVA - Please list additional businesses authorized to use the above property and restroom facilities: Page 19 of 86 Lity or ivioao 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Name of Applicant: es`cil Business Name: 4V mc+lc,-4—Ir oti5e- _ Address SO-4 Phone: lit' 6 ! g—411LI Email: V + tf -QJ Flccee;crd, Property Owner: G� Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Street Vendor ❑ Sidewalk Vendor 1=6ivate Property Vendor ❑ Local Vendor &Peed Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): Cart ❑ Vehicle DDisplay Apparatus Detailed description of business activities: .1' Total number of off-street parking spaces: Hours of operation: U To be filled out by city: Zoning: 92 Allowed use per Moab Municipal Code section: 11 • A+. 02Z Number of parking spaces required for permanent business - Number of parking spaces required for other businesses: --er 2 •1 •1 Zoning Administrator Date Page 20 of 86 Spire Smokehouse 2018 Refuse and Recycle Plan: Spitfire Smokehouse will empty all refuge and recycling nightly and dispose of trash nightly. Trash service is provided to us through our storage unit and private lease. A recycling bin will be provided for customers and taken to the local recycling center on a weekly basis. Parking: Woody's Tavern will provide two parking spaces to Spitfire Smokehouse. Signed: Dated: Page 21 of 86 is f,--\0V.-e,V\005Q. 3,K to, w ro, s4.p.u.nd/s.i.uan3 io! Cirletk. US 04 Gr,i5t0.1 - LiCkij ;vik3C1(10.V1IC5 L,6751Cr72 31.2, ; • 0 0 `SO 1.4--k re, Sr)10-e\noL../SE. 5 x 7 srY\o Kef` Page 24 of 86 Sirvolee loOSe_ �-/H-l8 5)( s VD Vd,r10)(:n �a�u 3;;:t Cae_ /01 .Qx Page 25 of 86 Moab City Council Agenda ltem Meeting Date: February 27, 2018 it: 6-2 Title: Approval of a Private Property Vendor License for Joelle Riddle & Max Schon, d.b.a. Yummytown Food Truck, located at 83 South Main Street for a term of March 1, 2018 to March 1, 2019. Date Submitted: Febuary 14, 2018 Staff Presenter: Jennie Ross, Treasurer Department: Treasurer/Planning Background/Summary: This applicant 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 and have met all of the application requirements during their past year of operation. Staff reviewed the application for this location and there have been no complaints or violations. The applicant is again asking for an increase in the number of tables and seating. Code Section 5.64.060(g) states "Seating may be provided as approved by City Council to include a table and up to six seats. Seating areas shall be located adjacent to the display and in no case exceed forty square feet in area" The applicant is requesting an exception to allow a total of four (4) tables and sixteen (16) chairs. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Private Property Vendor License for Joelle Riddle & Max Schon, d.b.a. Yummytown Food Truck at 83 South Main Street for a term of March 1, 2018 to March 1, 2019. Also approve the requested exception for a total of four tables and sixteen chairs as shown on the site plan. Recommended Motion: "I move to approve a Private Property Vendor License for Joelle Riddle & Max Schon, d.b.a. Yummytown Food Truck, located at 83 South Main Street." Attachment(s): Vendor Application Page 26 of 86 6-2 Special Events/Permits GATE PAID' AMOUNT PA;D: RECEIPT NO.: ktckida a- iti- l b Busies NAME; CITY OF MOAB VENDOR (REQUIRES C1TY COUNCIL APPROVAL —YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-51211 FAX (435) 259.4135 PLEASE MAKE CHECKS PAYABLE TO: C/TYOFMOAB YUMMYT0 to) Fo0 o Tit.voK BusluEss MAlUNG ADDREss: 9 b3 S . 40c) E. CITYMOAB e-mail address: No Her./ Town.) FU4D nituc r.. G�+'i1�4Lt.. CoM Location(s) where business W be conducted: Attach agreement of autflontation from property owner(s) includ'ng employee use of Restroom Facifit'es $3 S . piter..4 ST_ FEE: $ (As DETERMINED BY RESOLUTION) LICENSE #: ZONE: BUSINESS PHONE: coo. 799. 37•W STATE: VT ZIP: 8 y5 3 Z. Length of time and/or specific dates business will be conducted: i/A/C.G1.1 W g • trA ICCH ZO 19 Proposed hours of operation: "FA ti — ti 0 PM Type (see definitions): 0 Cad pa Vehicle 0 Display Apparalus Vendor Type (see definitions) 0 Street Vendor ❑ Sidewalk Vendorl:rivate Property Vendor 1.9 Local Vendor a Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: McDtru eANEAK) FQQD Gumless 0meesNAME: 'TOELLE. 0:LOOLE (41AX SC+HCN PHoNE'. 970.7 %3774 OWNER'S ADDRESS: 9 63 S. woo E. OWNER'S DRIvER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: CITY: tr7DA� STATE: li _ ZIP: 8 '7S1a CANNER'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: OPERATOR'S NAME (IF DIFFERENT FROM OWNER): _ PHONE. OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER): C rt STATE: ZIP: SALES TAX ID 4 (ATTACH PROOF FROM UTAH TAX CL MMISS ON): NAME REGISTERED WITH THE STATE FCR TAX ID: V ti My Tocov GLG 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 27 of 86 THis FORM S AN APPUCATION FOR A BUSINESS UCENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAM, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVE° BY THE MOAB CITY COUNCIL {IF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETE° OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS `C. MISDEMEANOR TO OWN O OP A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS UCENSE. UWE 1e,1 PLEAse paw ► ANE(s) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CRY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HE UE. VWE UNDERSTAND THIS LICENSE IS NON TRANSFERABLE AND VALiD ONLY FOR THE ABOVE MENTIONED LOCAT[ON AND OWNER. I _ ,ui! O LE THE " "OPER REPORTS WRH THE STATE OF UTAH HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY SUB l RIBED AND SWORN to before ma thisµ,. day of 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. D 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 riot be considered a display apparatus and shall not be used for vending purposes. D Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. • Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The ten) "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, Z 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. 9 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. i 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. 14 Dale efrUi Itt Za i mow`, 1AMIE HULCE y Notary Public - State of Utah Comm. No. 6927111 My Commission Expires on Feb 2.2D21 11/27/2013 PIRUS1NF.SSGICENSESIBUSL1CFORJUSlausLie - Vendor reason.docx Page 28 of 86 *I DE C IPTION OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING: IMENSIONS OF THE STRUCTURE PHOTOGRAPHS OF STRUCTURE SITE PLAN TO A SCALE OF NOT LESS THAN V EQUALS ONE FOOT SHOWING: ❑ 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 VENDOR APPLICATION CHECKLIST ❑ CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK OF PROPOSING OPERATION IN A RESIDENTIAL ZONE) U FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM 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. ZONING COMPLIANCE EVIDENCE ❑ COMPLETE ATTACHED COMPLIANCE FORM ❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM AGREEMENT XIREFUSE/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 SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: I1/17/11113 T•1BUS1NESSL1Cf:NSESVIUSLIC1:0101S111rrsLlc-ronda•revrson,don- Page 29 of 86 L N rZ t N LL O _ al-1.1.1.=1.-M-Im. -...•1•1•••-•-.141•• LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: _ cog:. - -U 0 APPROVED DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING 131(PPROVED 0 DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED 0 DISAPPROVED REASON(S):. LICENSE EXPIRA-I ON DATE' SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: aga....iPPROVED CI DISAPPROVED REASON(S) Fee Calculation: Mobile Vendor Fee Structure Adeninistrativp Fee* $60p Scilid Waste reef ood:vendors Limited Term {less than 30. da.V4).. $61.0 Long 7ert,(1. month42. months) $20 'Waived for local vendors with permanent business address In Grand County 111270,013 T.11111.51NESS 1,ICENSESIBUS 1,1C FORMSIOris Lic - Vendor reasrmilocx one tittle fee per month or_parrial month filat Ege (includes administrati_e) r_rhonth (plig adminiee) P. Page 30 of 86 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(5). INDICATE SERVICE(S): OTHER, PLEASE EXPLAIN: LI thdLo r Illo/ toer1 BUSINESS NAME: BUSINESS ADDRESS: OWNER'S NAME hf rOVJ l *MIA owti E:rad-T►�ur1�� IPA a ?4, TYPE OF BUSINESS (EXPLAIN IN DETAIL): �� rn TffedA:M USINESS PHONE 57.3 OWNER'S PHONE `11) • 1 l • gl-ZD , A THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUIRED' ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON' SIGNATURE F.RE INSPECTOR (435)259-5557 45 SouTH 100 EAST INSPECTION REQUIRED. ❑ YES ❑ NO (SIGNATURE REQU:RED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED' ❑ YES *ji1 NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVEDIR DISAPPROVED ❑ REASON: Page 31 of 86 ;ial Events/Permits eectS CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5121 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, Date: (property owner name) tii0 Ore) atn the owner of the property located at 5(3 ry) }� �/�� p �(property address and parcel tax ID d) I understand that � `"`" v`^t 4, PAU SCV \VA (name of business license applicant) has applied for a business license for 010,i1M/TheL-Frictalleuck-- (applic t business name) from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for employees of the above listed business. Signature Printed Name , Gr •� � cam^ 4_1? ri'lok.),_ Telephone # EmaiI Please list additional businesses authorized to use the above property and restroom facilities: ,drop 9 c.451/4-- 1 tir0 — Page 32 of 86 Lay ix moat) 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Name of Applicant: 50F.I.LE P-10014- > MA)( SSA Business Name: YVnMYTOWN FOOD 'MUCK.. Address: 83 S . 11i4T,u,ST.1 MONS I UT Phone: ` 4o. SiZ0 Email: YUMMY TOunl FOaDTitijac[e�CrilAI� Property Owner: 1166 E. Vendor Type (see Moab Municipal Code Chapter 5.64.010 For definitions): ❑ Street Vendor ❑ Sidewalk Vendor %Private Property Vendor 0 Local Vendor ❑ Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): 0 Cart %Vehicle ODisplay Apparatus Detailed description of business activities: tiE0Z71.12.MAIIEAP! FOOD Total number of off-street parking spaces: 3 Hours of operation- IA " ID PM To be filled out by city_ Zoning; 6/22 Allowed use per Moab Municipal Code section:11.24• 02110 Number of parking spaces required for permanent business: 5 sNo•C0146 - i Number of parking spaces required for other businesses: AllO "TACOS' i CovNIBT{ (000NIWN - 3 Zoning Administrator Page 33 of 86 •ti9) Date } L a } Lu 0 YummyTown Food Truck 963 S. 400 E. Moab, UT 84532 970.799.3720 Statement of Recycling & Waste Disposal This letter is a statement that YummyTown Food Truck will recycle all appropriate materials generated by the operation of it's business at 83 S. Main Street, Moab, UT. This letter also certifies that I, am the owner of the property located at 3 )/no.,„ fi7; Ork_B and that use of an independent contracted waste disposal service at the above described property is included in the rental agreement between myself and YummyTown Food Truck. Page 34 of 86 L eJ } N W O Supplemental Information Truck YummyTown has begun the process of having a custom food truck manufactured. The anticipated finish date is around the beginning of March. Attached in this application is a photo of the truck being fabricated, as well as an image of our logo which will be on the truck, to provide the committee with an idea of what the finished truck will look like. The dimensions of the truck are 10'x8'x25'. Signage YummyTown understands that all signage must be attached to the truck. Our menu will be on a 3'x4' board attached to the right side of the service window. It will be removable for transport. Below is a copy of our menu: Greek Gyros: charred pork shoulder, tzatziki, crispy romaine, warm pita $9.95 Falafel: deep fried garbanzo fritters, tahini sauce, crispy romaine, warm pita $9.95 Merguez Lamb Kebab: grilled North African spiced ground lamb with harissa, tzatziki, warm pita $10.95 Chicken Shish Kebab: grilled Persian marinated chicken thigh with mint yogurt sauce, worm pita $9.95 Tortilla Espanola: egg and potato omelet, mixed greens, garlic Wall $7.95, add Serrano ham $9.95 Simple Green Salad: local mixed greens, seasonal vegetables, daily vinaigrette $3.95 Mediterranean Sampler: hummus, Tabuleh, olives, feta, peperoncini, warm pita $7.95 Tandig: saffron Rice with almonds and raisins $3.95 Tabuleh $3.95 Hummus $3.95 Daily Shrub: refreshingly tort and sweet drink with soda water$3.50 Blue Sky sodas, San Pellegrino, water $1.50 Feta .50 Pita: $1.50 Serrano Ham: $3.95 Mint Yogurt Sauce .50 Tzatziki.50 Olives $1.50 Garlic Aioli .50 Recycling YummyTown is committed to being environmentally friendly and will use biodegradable and recycled paper and plastic products whenever possible. Additionally, YummyTown will provide a recycling bin for customers, which we will bring as needed to the Moab Recycling Center. Page 35 of 86 in +- E L eJ a v) } c N > W O 1/2.512017 79 S Main St- Google Maps Go, gle Maas 79 S Main St 33 5 MA-u1/41 ST 79 S Main St Moab, Utah Street View - Aug 2013 Nii3I'1vr-rr 14ef.J LOLAr3 N"•d Google 51-6a.1 U3cui d F Piz° Po5W AREA _ y u M My TO W Al Wut 6L uJ i4O-E. T}}£. Ta v cx =5 LJ THE PNOTa, iF ow 11'I DO {r N oT RSTu2N ins 2-0I-4-1 YV MMY 7-0(410 LAMLL Q�, iN THE. LOGAT moN dS L o to PAIrANd Sa.c� -rx) TIFF. PNo-rO . hltps://wom.google.comirnaps/placelOh+MytOogol@38.5721424; 109.5507299,3a,75y,93h,901tdata=!3m711el! 3m5!15ROPkIX7grzN90K1Web3g!2e0!6s%2F%2Fgeo3.ggphLcom%2Fcbk%3Fpenoid%3DROP 1... 1/2 50ua,.lad/54.u3n3 Ini ap•Mit. t11 . r a) m d Image capture: Aug 2013 ® 2017 Google 1/2512017 Oh My Dog! - Google Maps Go gfe Maps NUMPNTown1 SITE. PLAN/ t pow& Pets r � 7 � ! t 4 My Dog! • IF c lumMyTauhu GOogle r. 53 5. 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It 11.2 CE,11:1E-lt OIb, MOAB photo 1 message Chantel Lindsay <clindsay@moabcity.org> max and ]oelle <yummytownfoodtruck@gmail.com> To: Chantel Lindsay <clindsay@moabcity.org> Max 8 Joelle YummyTown, LLC yummytownfoodtruck.com 970.769.5775 (Max) 970.799.3720 (Joelle) Page 38 of 86 Wed, Feb 14, 2018 at 2:05 PM L eJ a } eJ LU O CITY OF MOAB RESOLUTION NO. 14-2018, SUPPORTING THE PROPOSED ARCHES NATIONAL PARK RESERVATION SYSTEM WHEREAS annual visitation at Arches National Park (Arches) has nearly doubled since 2oo6 to 1.6 million people in 2016, during the peak season the number of vehicles and visitors cause long wait times for park entry, congested roads, parking lots, and trails, all of which diminish the very experience visitors come to Parks to enjoy; WHEREAS the National Park Service (NPS) engaged in a planning process that considered multiple strategies, and analyzed visitor use and experience and local economy in detail, and is proposing management solutions which include a reservation system for entry, enhanced communications and outreach, and improved partnership and collaboration with stakeholders; WHEREAS long-term solutions to overcrowding may require resources or technology not yet available, or public/private partnerships that require years to develop, and further that these require funding neither presently available nor reasonably expected to be available in the next few years; WHEREAS vehicle reservations have already been introduced at Muir Woods National Monument, and the NPS reports that they will gather information from that, as well as further input from Arches stakeholders, to optimize the eventual Arches implementation; WHEREAS the NPS proposed reservation system represents the best solution currently available to meet NPS goals for safety, natural resource preservation, public access, visitor enjoyment, and the local desire for Arches to maintain its reputation as a premier visitor destination; WHEREAS the residents of Moab widely express a desire for less congested roads and more peace and quiet in town, the City of Moab and UDOT are engaged in ongoing planning and investment to manage congestion in Moab, and smoothing out visitation peaks may provide improved travel times and a better overall experience for businesses, visitors, and residents; WHEREAS one of the local economic development goals is to reduce the seasonality of the economy, and the reservation system may benefit Moab's economy by extending visitation in the off-peak season; THEREFORE BE IT RESOLVED THAT the City of Moab supports Arches National Park's proposed reservation system, robust NPS engagement with stakeholders to refine the system, and transitioning to better long-term solutions as technology and funding become available. The foregoing resolution is approved and adopted by action of the Moab City Council, as set forth below. This resolution shall take effect immediately. Mayor Emily S. Niehaus Attest: Rachel Stenta, Recorder Date Date Page 39 of 86 7-1 Old Business Moab City Council Agenda Item Meeting Date: February 27, 2018 #: 7-1 Title: Request for Fee Waivers for April Action Car Show to be held at Swanny City Park from April 27, 2018 through April 29, 2018. Staff Presenter: Carmella Galley Attachment(s): Fee Waiver Request Fee Waiver Policy Excerpt of Event Ordinance Options: Approve, deny, or modify. Recommended Motion: In a previous council meeting agenda summary it was suggested by the Special Events Committee that fee waivers not be waived for this event. Background/Summary: Past use of the park has caused issues with some damage to the lawns and restrooms. The event organizer has requested the restrooms be closed and more port-o-potties will be added. It has been suggested by the committee that other venues be considered for future Car Show events, however the organizers have not considered this suggestion. Besides the overall use of the park and surrounding area, city services are needed for support including the Police and Public Works Departments. Directly or indirectly related to this event is the need for more police presence to monitor other situations that arise throughout the city. Outside entities are brought in to assist with this need. The Organizers are requesting fee waivers in the amount of $1350. These are the Special Events Fees and Park Use fees. The $300 Damage Deposit will be held and returned after the event if all goes well. Because of the above reasons the events committee does not recommend fee waivers at this time. Because of the above reasons the events committee does not recommend fee waivers at this time. Page 40 of 86 7-2 Old Business January 24, 2018 Mayor and Moab City Council, I would like to take this opportunity to request that customary fees for the use of Swanny Park be waved during the Moab Rotary April Action Car Show. The April Car Show is the main fund raiser for the Moab Rotary Club. Moab Rotary Club is truly a service organization. All monies raised during the Car Show are given back to the community. We have an all volunteer work force. The majority of the money earned goes to the Moab Free Health Clinic our Moab non-profit partner. We also give scholarships and fund other non -profits including the Multicultural Center and Seekhaven. I am requesting a few minutes at your meeting where you will be discussing our permit for the event. Respectfully, Dave Bierschied Car Show Chair Moab Rotary Club Page 41 of 86 7-2 Old Business A. Any person adversely affected by a permitting decision under this Chapter may appeal as provided in this Section. B. Appeals of decisions by the Special Events Coordinator, SERC, or the City Council shall be appealed to the Appeal Authority by delivering written notice to the City no later than seven calendar days from the date of the decision or order which is the subject of the appeal. The Appeal Authority shall promptly hold a hearing, and any Appeal Authority decision shall be final. C. In any appeal proceeding, the Appeal Authority shall only overturn the decision that is the subject of the appeal if it is found to be arbitrary, capricious, or unlawful. 5.09.070 Fees; Hardship Waiver. A. Special Event application fees shall be set according to the fee schedule established by the City Council by resolution. B. If applicable, a park rental fee is due and payable seven days prior to the event. C. The City may require payment of a City Service Fee to cover the cost for additional City services arising from an event. Additional City services include, but are not limited to, labor costs for City personnel, rental costs for the use of City equipment, and other direct costs for the use of City facilities. The City Service Fee shall be determined on a case by case basis, as required by the event, and must be paid in full seven days prior to the event. D. The City may require any applicant to post a cash deposit or other security approved by the City Attorney to cover all estimated contingent costs prior to the issuance of a Level II Special Event Permit, as a guarantee against fees, damages, clean up, or loss to public property. The City may retain any such deposit to cover applicable fees, damages, cleanup costs, repairs to public property or facilities. The unexpended balance of any deposit shall be promptly returned to the applicant no later than 30 days from the conclusion of the event. E. The City may waive fees under this Chapter in the case of a showing of need or financial hardship by an applicant who is an individual or a non-profit organization, or in the case of an application for a Speech Event. 5.09.080 Sales Tax Collection; Business License. A. Unless exempted by Utah law, an applicant for a special event that includes vendor sales or concessions shall a it h e r: 1. provide proof that all vendors have a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds from the event to the state; or PAGE 7OF9 Page 42 of 86 7-2 Old Business City of Moab City Council Policy Regarding the Consideration of Fee Waiver Requests It is the general policy of the Moab City Council to not consider requests for fee waivers for city programs, services, permits and licenses. Further, the City Council has determined that exceptions to this general policy may be made at the sole discretion of the City Council, subject to certain conditions, as follows: 1. Requests for an exception to the fee waiver policy shall be made in writing at one month prior to the event or service for which the fee is charged. Such requests shall be submitted to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and the request will be considered as a request for a refund rather than a waiver. 2. The following fees are not subject to an exception under this policy: a. Fees related to public works, including but not limited to water and sewer fees, water and sewer impact fees, storm water drainage fees and solid waste fees. b. Fees related to planning and zoning, including but not limited to subdivision fees, annexation fees and permit fees. c. Fees related to recreation programs and services. d. Fees related to law enforcement, with the exception of traffic control and security fees associated with a special event. e. Fees related to alcohol. f. Other fees not provided for in this policy. 3. The City Council may consider an exception to the fee waiver policy for special -event - related fees, including special event permit fees, special event business license fees, park use permit fees, banner fees, and traffic control fees and security fees, if the organization requesting the exception meets at least one of the following criteria: a. The event, as its main function, is a fundraiser for a charitable organization that provides services to Moab residents. b. The organization sponsoring the event has in the past made and commits to continue to make in the future, a financial donation to the City that covers all or a portion of the costs associated with the event for which the organization is seeking an exception. c. The event organizer is a governmental entity. d. The event's primary purpose is to provide a school program or to benefit a school or school program. e. The primary purpose of the event is to provide a community -wide celebration or program that is offered free of charge to community members. f. The event is one that has been provided by the City in the past. 4. The City Council may consider an exception to the fee waiver policy for building permit fees only for requests made by Grand County or the City of Moab for county or city -owned facilities. Page 43 of 86 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 27, 2018 Agenda item #: 7-3 Title: Approval of Ordinance 2018-02 amending the City of Moab Municipal Code, Title 10 Vehicles and Traffic, Chapter 10.04 Vehicle Code; specifically, the recently amended section 10.04.230, and definition section of 10.04.020 to further clarify restrictions for vehicles parked while idling or running. Staff Presenter: Amy Weiser, Senior Project Manager Department: Administration Summary: Shortly upon adoption of Ordinance 2017-35 staff found that the language in section so.o4.23o(B) needed further clarification. As it was approved, it was somewhat confusing as to whether or not the ordinance actually prohibited a vehicle from simply being parked on any public road. This amendment makes clear that it applies only to vehicles parked while idling or running, not just parked. In addition, Councilor Jones requested that the definition section of 3.o.o4.o2o be updated for consistency with the new definitions in so.o4.23o Staff Recommendation: Approve Ordinance 2o18-02 restricting the parking of running or idling vehicles within City limits. Recommended Motion: "I move to approve Ordinance 2018-02 amending Sectionsso.o4.o2o and 3.o.o4.23o to further clarify the restriction on vehicles parked while idling or running within City limits." Attachment(s): Revised Proposed Ordinance 2o18-o2 Previously approved Ordinance 2o17-35 1 Page 44 of 86 7-3 Old Business ORDINANCE #2018-02 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10.04 VEHICLE CODE; SPECIFICALLY, THE RECENTLY AMENDED SECTION 10.04.230, TO FURTHER CLARIFY RESTRICTIONS FOR VEHICLES PARKED WHILE IDLING OR RUNNING. WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 10.04, also known as "Vehicles and Traffic" in an effort to promote safe use of all City streets and vehicles within the City limits; and. WHEREAS, from time to time the City has noticed that there is a need to amend the Code in order to clarify existing uses or prohibit activities that may be deemed unsafe or which may disturb the peace of residents; and, WHEREAS, the City has received several noise complaints from residents due to commercial trucks and recreational vehicles parking for hours on public streets while running or idling; and, WHEREAS, Council passed Ordinance #2017-35 in a regularly scheduled public meeting held on October 17, 2017, to approve changes to Chapter 10.04, Vehicles and Parking, of the Moab Municipal Code; and, WHEREAS, Staff and City Attorney found an error to the amendments to the code; and, WHEREAS, Councilor Jones requested changes to the definition section of 10.04.020; and, WHEREAS, Council finds that the proposed changes are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby adopts Ordinance #2018-02 and amends Chapter 10.04, specifically Sections 10.04.020 and 10.04.230 as follows: 10.04.020 Definitions. Unless the context otherwise requires, all references in the traffic code to: "Block" means the distance on both sides of a street between two (2) intersecting streets "Face block" is a section of street including both sides of the pavement that extends from one corner to a subsequent corncr of an intersecting street. "Inoperative vehicle" is defined as any vehicle that is unlicensed or unregistered, and/or is unable to be operated because of needed mechanical or other physical repairs. "Local authorities" means the governing body of this municipality. "Magistrate" means the justice of the peace or judge of the municipality. Page 45 of 86 7-3 Old Business "Recreational vehicle (RV)" means a vehicle other than a mobile home, primarily designed as a temporary dwelling for travel recreational or vacation use, which is either a self-propelled motor vehicle or pulled by another vehicle. The term recreational vehicle also includes a boat, a snowmobile, personal watercraft, an all -terrain vehicle, or off -highway vehicle, a travel trailer, a camping trailer, a motor home, a fifth wheel trailer, trailers, and other similar vehicles. "Recreational vehicle" means any of the following: "Trailer" means any truck trailer or other trailer designed or adapted primarily for the transportation of materials, debris, or property of whatever kind, including, without limitation, boats, personal watercraft, snowmobiles, all -terrain vehicles, or motorcycles, whether occupied or empty. "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle without motive power, whether occupied or empty, designed as a temporary dwelling for travel, recreational or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. 1. "Travel trailer" a vehicular, portable structure built on a chassis, designed to be used as a trailer" by the manufacturer of the trailer. 2. "Pick up coach" a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 3. "Motor home" a portable, temporary building to be used for travel, recreation and vacation, constructed as an integral part of a self propelled vehicle. /I. "Camping trailer" a folding structure, mounted on wheels and designed for travel, recreation and vacation uses. 5. "Utility recr otion trailer" is a trailer towed behind a vehicle that may or may not be designed to provide temporary quarters for dating and sleeping but is primarily utilized to transport recreation equipment such as OHVs, and motorcycles of every type, supplies, or boats, rafts, four wheel drive vehicles, and snowmobiles. "The State Road Commission" or "State Department of Transportation" means the municipality and its officers, departments, agencies and agents. Page 46 of 86 7-3 Old Business 10.04.230 Unlawful Parking, Idling or Camping A. Definitions. As used in this section: 1. "Block" means the distance on both sides of a street between two (2) intersecting streets 2. "Commercial vehicle" means a motor vehicle in excess of one -ton capacity of whatever make or type designed for or adapted to commercial or agricultural purposes, regardless of the use to which such vehicle is put at any particular time. The term "commercial vehicle" includes, without limitation, all so-called "semi" truck tractors and "semi" truck -trailers, as well as motorized equipment, such as loaders, backhoes, excavators, or the like. 3. "Idling" means running an engine on a motor vehicle while parked. 4. "Public Street" means any right of way owned by the City of Moab, Grand County or Utah Department of Transportation (UDOT) within the city limits of Moab. This includes roads, streets and alleys. 5. "Recreational vehicle (RV)" means a vehicle other than a mobile home, primarily designed as a temporary dwelling for travel, recreational or vacation use, which is either a self-propelled motor vehicle or pulled by another vehicle. The term recreational vehicle also includes a boat, a snowmobile, personal watercraft, an all -terrain vehicle, or off -highway vehicle, a travel trailer, a camping trailer, a motor home, a fifth wheel trailer, trailers, and other similar vehicles. 6. "Running" means any vehicle, as defined in this section, parked with a generator or refrigeration unit in operation. 7. "Trailer" means any truck trailer or other trailer designed or adapted primarily for the transportation of materials, debris, or property of whatever kind, including, without limitation, boats, personal watercraft, snowmobiles, all -terrain vehicles, or motorcycles, whether occupied or empty. 8. "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle without motive power, whether occupied or empty, designed as a temporary dwelling for travel, recreational or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. B. Idling or Running Prohibited. It is unlawful for any person to park or to cause to park or I vo standing, while idling; or running any motor vehicle commercial vehicle, or recreational vehicle as defined in this section on any public road, street, alley or municipal property for a period of time in excess of four consecutive hours. Any vehicle parked or left standing in violation of this subsection may be impounded or removed by any certified peace officer or other designated official, and the owner may be fined as provided in this chapter. C. Idling or Running Overnight Prohibited. It is unlawful for any person to park or cause to park or I ave standing, while idling or running any motor vehicle, commercial vehicle or recreational vehicle on any public road, street, alley, or municipal property for any length of time between the hours of 10:00 p.m. and 7:00 a.m. Any vehicle so parked or left standing in violation of this subsection may be impounded or removed by any certified peace officer or other designated official, and the owner may be fined as provided in this chapter. Page 47 of 86 7-3 Old Business D. Camping Prohibited. It is unlawful to park any motor vehicle, commercial vehicle, or recreational vehicle on a public road, street, alley, or private property, for purposes of human habitation or overnight camping. Any vehicle parked or left standing in violation of this subsection for a period exceeding four consecutive hours may be impounded or removed by any on duty peace officer, or other designated official, and the owner may be fined as provided in this chapter. 1. Vehicles moved from a parking spot and then re -parked on the same block, as defined in this section, within twenty four (24) hours from the time of removal shall be deemed to have been continuously parked for the purposes of this subsection. E. Impoundment. For purposes of impoundment and removal, a certified peace officer, or other designated official, may, after placing a visible notification on the vehicle and making a reasonable effort to locate the owner, impound and remove any motor vehicle which has been unmoved for four consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. F. Ownership. The presence of any motor vehicle, commercial vehicle, or recreational vehicle when standing or parked in violation of this section is prima facie evidence that the registered owner or lessee of such vehicle parked the same, or that the driver was acting as the agent of the owner or lessee. G. Relocation. No motor vehicle, commercial vehicle, or recreational vehicle that has been the subject of a violation of this section shall be subsequently relocated or parked on the same block where the violation occurred for a period of one hundred eighty (180) days from the date of violation. Relocation or parking of the vehicle in violation of this subsection shall be a separate violation. H. Continuing violations. In the case of a continuing violation under this section, each day of violation shall be deemed a separate offense. I. Exception. The prohibitions in this section shall not apply to vehicles under continuous human operation in connection with construction activities, or vehicles left temporarily idling or running in connection with deliveries. #J. Conflicting Ordinances. This section shall control and take precedence over any conflicting provisions in this code concerning parking or storage of vehicles. This ordinance shall take effect immediately upon passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on, 2018 SIGNED: Emily S. Niehaus, Mayor Page 48 of 86 7-3 Old Business ATTEST: Rachel Stenta, Recorder Page 49 of 86 7-3 Old Business Moab City Council Agenda Item Meeting Date: February 27, 2o18 #: 8-1 Title: Bike Route Map Adoption Date Submitted: February 20, 2018 Staff Presenter: Chuck Williams, City Engineer Attachment(s): Draft Bike Route Map Dated February 2o18 Recommended Motion: I move to approve the Resolution #15-2o18 Bike Route Map Dated February 2018 Background/Summary: The City currently has a Bike Lane Map dated 2002 on its website. The Engineering Department has updated the map to reflect changes over time and the current condition of Bike Routes, Bike Lanes and Paved Shared Use Paths. In addition, we have proposed future routes and lanes that will enhance connectivity. Adoption of the Map will provide information to the users for the current status of these routes as well as allowing staff to pursue funding options for the proposed future routes. 8-1 New Business Page 50 of 86 Resolution # 15-2018 A RESOLUTION APPROVING THE CITY OF MOAB BIKING ROUTES PLAN WHEREAS, the City of Moab has an existing 2002 City of Moab Bike Lane Map; and, WHEREAS, the City of Moab has expanded its Biking Routes since 2002; and, WHEREAS, the City of Moab anticipates expanding its Bike Lane, Bike Routes and Shared Use Paths in the future as shown on the attached BIKING ROUTES PLAN exhibit; and, WHEREAS, the City of Moab informs the Citizens of Moab of the following actions taken by the Moab City Council: 1. The attached CITY OF MOAB BIKE ROUTES PLAN dated February 2018 is reviewed and approved. NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT CITY OF MOAB BIKING ROUTES PLAN IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE CITY STAFF TO EXECUTE THE CITY OF MOAB BIKING ROUTES PLAN AS A GUIDANCE DOCUMENT FOR CAPITAL AND MAINTENANCE PROGRAMMING AS WELL AS FOR FISCAL PLANNING PURPOSES. 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 27tn day of February, 2018. CITY OF MOAB By: Emily Niehaus Mayor Attest: Rachel E. Stenta City Recorder Resolution # 15-2018 Page 1 of 1 Page 51 of 86 8-1 New Business -4 '•" • • • r...........i ■ (rt V� City of Moab Biking Route Plan ::................................................M.........: ....................................... . ; J co a) •••••••••••••••••••••••••I ..._.._.._...............................,.»».... • ■ • ■ : • • ""L"'Westwood' D'r .m.- �o a - a) : .. 1 400 North St Rd Bartlett Or Driveway Byrd Ave Gala Ave. 1 -ICir Moenkopi Ave WjineSa� �� - � Chinle Av; V^,J1 \ 0 L O G1 oco Bartlett St • c • • • 0 LO Updated February 2018 N .........SM. .....................SM. ...................M..M.SM. .•...............: . • • • • ........................................: . Marcus Ct • • -0 : :• ti G ob •�, . 6 . - • ,y : s . o �7 U - U �1 • . : McGill Blvd Ct .,,_• �. i G U • O > •• Legend 1 inch = 600 feet 0 300 600 1,200 1,800 2,400 Williams CD c� a_ Rosalie W co 400 North St E mE w Park Dr -t-=-7'200 North St Jain, ut Ln c ) U -V; a) Way o O ,_ 200 South St .................................... • Nob Hill 200 North St 100 North St �JJ Center St 100 South St 200 South St 00 South St /6- • • • ................. _ .. _ ................... City Limits Bike Lane (11.5 mi) •"""u""u Future Bike Lane (11.5 mi) Bike Connecting Route (2.2 mi) Future Shared -Use Path (0.6 mi) Shared -Use Path, Paved (4.4 mi) 3,000 Feet ............................................._.._.._................. Rose Tree Lane Nichols Lane 200 South St Sundial Drive Bowen Cir. I� Locust Ln 0 U co Page 52 of 86 Oliver St N s) •: • ;..r��.............. '3 J .............. • ........ nor Ct c L Bittle Lane ............................................................................................ • • • • • • • • • • nc�►` Or co O ,...................., i 'C..! �4 • t!N • Pear Tree La • Sar\IJuari Dr ▪ Fats Sand Flats Rd • • Plateau Cir\cle Coyote Cir. Starbuck Ln Moab City Council Agenda Item Meeting Date: February 27, 2018 #: 8-2 Title: Future Campus of Utah State University - Mill Creek Drive West Extension Proposal for Professional Services Date Submitted: February 20, 2018 Staff Presenter: Chuck Williams, City Engineer Attachment(s): Engineering Services Agreement Options: Approve, deny, or modify. Recommended Motion: I move to approve the Future Campus of Utah State University - Mill Creek Drive West Extension Engineering Services Agreement. Background/Summary: The project is located at the southern end of Moab, on the southwest boundary of Highway 191, across from where Mill Creek Drive currently intersects Highway 191. The City was awarded a Permanent Community Impact Fund (GIB) grant and loan to fund the first stage of this infrastructure, which includes providing access and capital facilities from the Highway 191 intersection to 100-feet past the USU campus boundary limits. A request for proposals (RFP) for consulting services to provide site consulting, civil engineering and full construction bid documents was advertised throughout December of 2017. The scope and tasks outlined in this RFP are based on preliminary analysis contained in the 30-Year Campus Master Plan. A selection committee was convened from city staff for the purposes of evaluating the nine engineering services proposals that were submitted in response to the RFP. The committee then conducted interviews of three shortlisted candidates. In the judgement of this committee, the attached proposal from Civil Science Infrastructure, Inc. most satisfactorily addresses the requirements for the project. Furthermore, their proposed fee, which we believe to be fair, reasonable, and adequate, was the lowest of those submitted. For comparison, interview scores and fee totals for the shortlisted candidates are tabulated below: Page 53 of 86 8-2 New Business Interviewer #1 #2 #3 #4 Total Score Rank Fee Civil Science 85 89 91 84 349 1 $143,454 J-U-B 85 88 82 81 336 2 $201,674 Goff 82 87 80 77 326 3 $151,892 Page 54 of 86 8-2 New Business ENGINEERING SERVICES AGREEMENT Mill Creek Drive West Extension Project This Engineering Services Agreement (Agreement) is entered into by and between the City of Moab, a Utah municipality (City), and Civil Science Infrastructure, Inc.(Consultant), as follows. 1. Scope of Work. Consultant agrees to provide labor and professional services in connection with the City of Moab Mill Creek Drive West Extension Project (the Work). The scope of the Work and deliverables to be provided are described in Exhibit 1, attached. 2. Dates of Performance. Work may commence upon the effective date of this Agreement and shall be complete no later than July 31, 2018. 3. Payment Terms. The total contract price is ONE HUNDRED FORTY THREE THOUSAND FOUR HUNDRED FIFTY FOUR DOLLARS ($143,454.00) In the event that unanticipated necessary changes to the Work are required, the City, through its Project Manager, Chuck Williams, shall be authorized to execute written change orders in an amount not to exceed TWENTY EIGHT THOUSAND SIX HUNDRED DOLLARS ($28,600.00), as otherwise provided in Section 5. The need for and scope of any such change orders is committed to the discretion of the Project Manager. a. Consultant will be paid the following sums upon satisfactory completion of the specific tasks specified in the Work: $8,400.00 Task One; $4,722.00 Task Two; $126,750.00 Task Three; and $3,582.00 Task Four. The description of performances for each task is contained in Exhibit 1. Consultant will deliver an invoice to the City in conjunction with all deliverables associated with the completion of each task. The City shall promptly review the invoice and pay, no later than fifteen (15) days from the date of receipt of the invoice, all sums for work satisfactorily performed in connection with the task. b. In the event that the City should have cause to believe that the Work is not being performed diligently or otherwise in accordance with this Agreement, it may suspend its approval of an invoice and provide written notice to Consultant explaining its reason for such disapproval. Upon timely cure or correction of any identified deficiency the payment shall be released. 4. Point of Contact and Sharing of Information. The City's Project Manager for purposes of communications under this Agreement shall be Chuck Williams. Consultant's representative shall be Cody Howick. a. Both parties shall cooperate in making appropriate personnel available for purposes of exchanging information under this Agreement. The City additionally agrees to provide Consultant access to public records and site related documents and data in its possession which may be useful or relevant to the performance of the Work. Page 55 of 86 8-2 New Business b. Consultant may make use of City conference rooms or facilities for purposes of meetings with the public or staff in connection with the Work. 5. Changes to the Scope of Work. Changes to the scope of the Work shall only be authorized upon proper execution of a written change order documenting the change to the scope, the change to any compensation owing to Consultant, and the alteration (if any) as to the time of performance. Where appropriate, the City may authorize additional work on the basis of hourly or fixed price sums. a. Where necessary due to budget or similar financial constraints, the City may unilaterally order a reduction to the scope of the Work, in which case Consultant will be paid on the basis of all Work completed as originally agreed, and any task which is partially completed shall be paid based on a calculation of the proportion of the work actually completed relative to the sums owing for that completed task. 6. Intellectual Property. All work product, reports, data, communications, photographs, maps, or other written or electronic media used, created, generated, or authored by Consultant in the performance of the Agreement shall be the sole and exclusive property of the City. The City shall have the sole and exclusive right to publish, edit, amend, or otherwise use all such materials. All copyrights, shop rights, or other intellectual property rights of any kind arising or derived from the creation of any materials under this Agreement shall be vested in the City. a. If Consultant relies upon other published works in the performance of this Agreement or the preparation of its own work product, it shall assure that all such works are properly attributed and that it has obtained authority to use, reproduce, or publish such works. Contractor additionally agrees that it shall indemnify and hold the City harmless from all claims, damages, or costs, including reasonable attorney fees or other costs of defense, resulting from any third party claims alleging unauthorized publication, use, or reproduction of published works or copyrighted material. 7. Standard of Care. Consultant warrants that it will perform the Work with reasonable care, diligence, and skill, employing the same care as a similarly situated professional engineer in the State of Utah. It will undertake to provide works and design documents which are accurate, concise, and of a quality suitable for publication or reference by the City for future guidance and construction of the subject components comprising the Work. a. All engineering design work shall be performed by persons who are properly licensed professional engineers, and Consultant shall exercise responsible charge over the performance of other tasks performed by subordinates. 8. Relationship of the Parties; Conflicts of Interest; Confidentiality. The relationship between the parties is that of independent contractors. Neither party has the authority to act for, or otherwise bind the other. Both parties disclaim the existence of any employer/employee relationship, joint venture, partnership, or other business relationship. Page 56 of 86 8-2 New Business a. Consultant is free to engage in other work for other persons, provided that any such work does not interfere with its performance of this Agreement. Consultant shall not engage in any business or other transactions with third parties that would result in its duties or professional obligations to the City under this Agreement being compromised or impaired. b. In the performance of this Agreement Consultant may be exposed to confidential or non-public information which is protected by law. If it is exposed to confidential or non-public information, Consultant agrees that it shall not publish or otherwise disclose that information to any other persons without the advance written consent of the City. 9. Taxes and Insurance. Consultant shall be solely responsible for payment of all taxes arising from compensation paid under this Agreement, and shall be responsible for payment of all payroll taxes associated with its employees or otherwise arising from its operations. a. To the extent provided by law, Consultant shall carry complying policies of worker's compensation insurance covering all employees who perform services under this Agreement. All vehicles used in connection with Consultant's professional services shall be properly licensed, insured, and registered. b. During the performance of this Agreement Consultant shall at all times carry and maintain in force: i) comprehensive general liability insurance with an occurrence/aggregate policy limit of not less than one million dollars ($1,000,000), and including products/completed operations; and ii) professional liability insurance with an occurrence/aggregate limit of not less than two million dollars ($2,000,000). Consultant shall deliver to the City certificates of insurance conforming with this Agreement no later than twenty (20) days from the effective date, as set forth below. 10. Notices. Notices to the parties shall be delivered by first class mail, postage prepaid, hand delivery, or courier delivery and by email as follows. Notice shall be deemed received three (3) days from the date of transmittal. The parties may change their notice address at any time by providing written notice in the manner provided to the other party. City: City of Moab Attention: Chuck Williams 217 East Center Street Moab, Utah 84532 cwilliams@moabcity.org Consultant: Civil Science Infrastructure, Inc. Attention: Cody Howick Page 57 of 86 8-2 New Business 1453 S. Dixie Drive, Suite 150 St. George, UT 84770 11. Indemnity. Consultant hereby agrees to indemnify and hold the City harmless, including for reasonable costs of legal defense, with respect to any claims, suits, or demands by third parties alleging losses, property damage, or injuries (including death) caused, directly or indirectly, by the negligent acts or omissions of Consultant, its officers, managers, agents, or employees in the course of activities connected with this Agreement. 12. Termination and Remedies. Prior to taking any action to terminate this Agreement or invoke any remedies, the non -breaching party shall deliver written notice to the other party identifying the act, omission, or event constituting a breach and allowing that party a period of not less than ten (10) calendar days in which to cure or abate the breach. If, following delivery of that notice, the breaching party fails to effectuate a cure, then the non -breaching party may invoke such remedies as are provided by this Agreement or at law. a. In the event of breach, the non -breaching party may suspend its performance and recover sums equal to its actual damages, together with such other relief as may be appropriate. b. In any action to enforce this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, together with any other damages or relief. 13. Miscellaneous Provisions. a. This Agreement is governed by Utah law, and the sole venue for any dispute arising from or under this Agreement shall be the courts of Grand County, Utah. The parties agree that any dispute arising from or under this Agreement shall be decided by the Court sitting without a jury, regardless of the denomination of any legal claims which may be brought. b. The City is a Utah local government. Nothing under this Agreement shall be deemed to abrogate or otherwise waive any immunity which the City possesses under the Utah Governmental Immunity Act, U.C.A. § 63G-7-101 et seq., or other applicable law. c. This Agreement shall not be assigned, in whole or in part, to any other person without the advance written agreement of both parties, and any purported assignment in violation of this Agreement shall be void. d. This Agreement constitutes the sole and complete agreement of the parties. It shall not be amended or modified, except in a writing duly signed and properly executed by both parties in the manner otherwise provide by law. Consultant is advised that any contract modification (exclusive of the contingency specified in Section 3, above) must be duly executed by the Mayor, and witnessed by the City Recorder. Emails or other routine staff communications do not constitute a contract modification. Page 58 of 86 8-2 New Business e. If any part of this Agreement shall be held to be unenforceable, it shall be stricken, and the remainder of this Agreement shall be enforced without the unenforceable provision. f. The effective date of this Agreement is the date of last signature by the parties. g. This document may be executed in separate identical counterparts which, when combined, shall evidence a valid and binding contract. h. Time is of the essence in the performance of all obligation under this Agreement. i. This Agreement is the product of mutual bargaining; it shall be interpreted in accordance with its plain meaning, regardless of the extent to which either party contributed to the drafting. j. The City's obligations under this Agreement are subject to the City's right to budget for and appropriate sums necessary to perform same. Nothing in this Agreement shall constitute a multiple year fiscal obligation or otherwise encumber future fiscal years beyond the year in which this Agreement is executed. This contract is a valid, binding, and enforceable obligation of the parties, as set forth by their signatures, below. City of Moab, Utah By: Mayor Emily Niehaus Date ATTEST: By: Rachel E. Stenta City Recorder CONSULTANT: By: Title Attachments: Date Date Page 59 of 86 8-2 New Business Exhibit 1, Scope of Work -End of Document - Page 60 of 86 8-2 New Business Exhibit 1 February 20, 2018 Moab City Chuck Williams, P.E. City Engineer 217 East Center Street Moab, UT 84532 Re: Mill Creek Drive West Extension Professional Engineering Services Dear Mr. Williams, 1453 S. Dixie Drive, Suite 150 St. George, UT 84770 Office: (435) 986-0100 Fax: (435) 986-4046 Civil Science (CSI) is pleased to submit this summary for professional services for the Mill Creek Drive West Extension (Project) located in Moab, Utah. We appreciate the opportunity to provide these services to you and Moab City (City) and look forward to working with you. PROJECT BACKGROUND The Project is located at the southern end of the City, intersecting with the Highway 191 corridor where Mill Creek Drive currently forms a T-intersection. The City was awarded funding to fund the first stage of this infrastructure and roadway project to provide access and capital facilities from the Highway 191 intersection to 100 feet past the campus boundary limits. The City issued a Request for Proposals (RFP) for the Project and CSI submitted a professional services proposal. The scope and tasks outlined in the RFP are based upon preliminary analyses completed by various firms for the City and other stakeholders to date. The City has requested CSI provide a Scope of Work, Fee Proposal and other pertinent information in accordance with the proposal submitted on January 22, 2018 for inclusion into the final agreement. SCOPE OF WORK Based on the RFP and Project Background outlined above, CSI will provide the following professional services which will include: Task 001 - Project Meetings & Coordination 1. Provide up to five (5) site visits to meet with the City and stakeholders through the design process. Specific tasks include: a. Kickoff / Scoping Meeting - meet with the City and all stakeholders b, 30% Design Review Meeting - meet with the City and appropriate stakeholders c, 60% Design Review Meeting - meet with the City and appropriate stakeholders d, 90% Design Review Meeting - meet with the City and appropriate stakeholders e, 100% Design Review Meeting - meet with the City and appropriate stakeholders Task 002 - Existing Documentation Review / Due Diligence 1. Review existing documents that were previously completed by others as part of the design process. These documents include: a. 30-Year Campus Master Plan b. Utility Main Alignment Exhibit c. Grading Analysis Exhibit d. Preliminary Geotechnical Study e. Feasibility Study for Campus Phase I Building f. Mill Creek Drive Traffic Memorandum g, Environmental Assessment - Cultural Resources and Biological evaluations h, UDOT Analysis 8-2 New Business Lehi, UT • St. George, UT • Twin Falls, ID • Diclrin6118 : Williston, ND • Wooster, OH 2. Provide a due diligence assessment in memorandum format. 3. Provide permitting, coordination and update the intent of the Project with UDOT, a. Revise the Transportation Impact Study (TIS) if required by UDOT. Task 003 - Infrastructure / Capital Facilities & Roadway Construction Plans 1. Provide design survey for the Project. Specific tasks may include: a. Collect property boundaries, perform easement research, and complete associated linework for preparation of tract map. b. Make initial contact with utility companies and collect of record drawings. c. Set control, perform topographical survey of roadway and adjacent property, and collect evidence of right-of-way (ROW) and boundary. d. Locate existing utilities, collect invert elevations. e. Create existing surface and utility model. 2. Provide project management and design coordination services for the Project. Specific tasks may include: a. Prepare and maintain a Project schedule through the duration of the design process. b. Prepare and maintain an action items matrix. c. Kickoff meeting follow up with City and stakeholders up to five (5) hours total for project manager. d. Coordinate up to one (1) hour per week - informal weekly coordination meeting with the city and key staff. e. Coordinate with USU and SITLA via phone calls, emails, screen share, etc. up to twelve (12) hours total for project manager. 3. Provide drainage design services for the Project. Specific tasks may include: a. Complete hydrology analysis and determine outfall locations within proposed roadway. b. Prepare preliminary hydraulic analysis for culverts and swales. c. Complete final hydraulic analysis for culverts and swales. d. Prepare final drainage memorandum for the Project. 4. Provide 30% design services for the Project. Specific tasks may include: a. Complete geotechnical exploration for pavement /slope design and reporting. b. Coordinate with GWSSA for analysis of sewer line. c. Prepare preferred cross section elements and present to City. d, Incorporate initial master plan, traffic study, stakeholder elements into design. e. Complete preliminary roadway geometric design. f. Complete preliminary sewer design. g. Review roadway geometric design and identify possible impacts. h. Submit 30% design to City for review. 5. Provide 60% design services for the Project. Specific tasks may include: a. Summarize and review 30% design comments. b. Finalize roadway geometric design. c. Finalize utility design including street lighting, d. Prepare construction drawings that may include the following: i. Cover, notes, survey control sheets (3 sheets). ii. Roadway, sewer, and drainage plan and profile sheets (5 sheets). iii. Culvert plan and profile sheets (2 sheets) iv. Plan and profile key map (1 sheet) v. Signing, striping, street light locations (3 sheets) vi. Roadway cross section details (2 sheets) e. Prepare special provision or modified project specifications. f. Franchise utility coordination. g. Submit 60% design to City for review. 6. Provide 90% design services for the Project. Specific tasks may include: a. Summarize and review 60% design comments. 8-2 New Business Page 62 of 86 b, Complete roadway geometric design and utility design. c. Prepare additional construction drawings that may include the following: i. Construction details (5 sheets). ii. Erosion control plan sheets (2 sheets) iii. Prepare landscape and irrigation sheets (6 sheets) d. Update previously submitted construction drawings. e. Update special provision or modified project specifications. f. Submit 90% design to City for review. 7. Provide 100% design services for the Project. Specific tasks may include: a. Summarize and review 90% design comments. b. Complete final construction drawings plan set. c. Complete retaining wall structural design. d. Complete final utility coordination. e. Complete record of survey and set ROW monuments. f. Prepare bid package, contract documents, bidding documents, and project specifications. g. Update previously submitted construction drawings. h. Update special provision or modified project specifications. i. Submit 100% design and final bid package to the City for bidding. Task 004 - Opinion of Probable Cost Evaluation 1. Prepare initial concept quantities and cost estimates for kickoff meeting. 2. Provide quantities and cost estimates for submittal with 30% design services. 3. Provide quantities and cost estimates for submittal with 60% design services. 4. Provide quantities and cost estimates for submittal with 90% design services. 5. Provide quantities and cost estimates for submittal with 100% design services. 6. Prepare final quantities and engineer's estimate for inclusion in bid package. FEE PROPOSAL CSI proposes to complete the Scope of Work outlined above as follows: TASK NO. TASK DESCRIPTION FEE TYPE FEE 001 Project Meetings & Coordination Lump Sum $8,400 002 Existing Document Review / Due Diligence Lump Sum $4,722 003 Infrastructure / Capital Facilities & Roadway Construction Plans Lump Sum $126,750 004 Opinion of Probable Cost Evaluation Lump Sum $3,582 Total Lump Sum Fee $143,454 Professional fees shown are not to exceed unless upon written authorization from the City. Professional services rendered for the Time & Materials Fee Type will be completed by CSI at the rates and fees given in the attached Exhibit A. ASSUMPTIONS The following assumptions apply to the terms and conditions of the RFP and this proposal: 8-2 New Business Page 63 of 86 1. CSI has included five (5) site visits and up to 60 hours of coordination meetings with the City and stakeholders. 2. The City will provide any data, reports, exhibits, and assessments to CSI for the existing documentation review phase. 3. The City will provide the current TIS and CSI will update the current study if required by UDOT. 4. It is assumed property deeds and ROW plats will be available from previous due diligence and will be provided to CSI. 5. CSI assumes the property research and line work includes two (2) properties and UDOT ROW. 6. The City will coordinate with private property owners concerning the improvements contemplated. 7. Presentations to the City and UDOT during the design phase have been incorporated into the five (5) site visits as detailed above. 8. CSI assumes the retaining wall design will comprise of approximately 10,000 square feet of wall. Additional geotechnical design may be required based upon final design. 9. The construction plan set will be prepared using CSI's standard CAD templates, on 1 1 xl 7 sheets, and using an approximate scale of 1 "=40', 10. ROW monuments will be set at roadway centerline at angle points and begin/end of curves. This Scope of Work assumes the setting of ten (10) monuments. CSI will survey the monument locations per industry standards. A third -party monument setting company will set the monuments (rebar & cap). This Scope of Work assumes a cost of $280/monument for third -party setting purposes. 1 1, Sewer line analysis will include coordination with the District to identify optimization of the sewer line design. Waterline design is excluded from the Scope of Work. 12. Moab City and/or APWA standard drawings and specifications for construction will be referenced. 13. Landscape architectural design is limited to one-half of the roadway. 14. CSI will provide a detailed cost breakdown into individual schedules starting at 30% design stage. 15. Utility coordination will be completed with private utility companies assuming agreed upon relocations and new services will be covered under City franchise agreements. This Scope of Work does not anticipate preparing and coordinating utility agreements. 16. A total mileage for travel on the Project was assumed to be 3,500 miles. 17. The City will organize and coordinate the bidding and negotiating of the Project including advertisement, plan distribution, pre -bid meeting, bid opening, etc. This Scope of Work does not include any bidding phase services but can provide these additional services if requested by the City. 18. The City will organize and coordinate the construction administration of the Project. This Scope of Work does not include any construction phase services but CSI can provide these additional services if requested by the City. ADDITIONAL SERVICES The City may authorize CSI to furnish or obtain from others additional services of the types listed below, which are not included in the basic Scope of Work. If such additional services are authorized by the City, a compensatory fee and fee type shall be negotiated in accordance with the attached Exhibit A. 1. ALTA surveys, searching out property owners and negotiating for easements, land, or rights -of -way, etc. 2. Services for extensive infrastructure related improvements outside the corridor of the proposed Project or not included in the Scope of Work. 3. Signal design services and/or intersection design improvements along Highway 191. 4. Land use planning or other types of master planning other than what is identified in the Scope of Work. 5. Preparation or review of environmental assessments and impact statements; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project. 8-2 New Business Page 64 of 86 b. Preparing additional bidding documents or contract documents for alternate bids or prices requested by the City for the work or a portion thereof. 7. Bidding and negotiating phase services including, but not limited to, attendance at the pre -bid and bid opening meetings; bid tabulations; contractor bid review; recommendations of award; plan distribution; preparation of addenda; answering contractor questions; substitution of materials; etc. 8. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 9. Services attributable to more than one prime construction contract. 10. Construction administration phase services including, but not limited to, attendance at the pre - construction meeting and project progress meetings; construction surveying and staking; property surveys for the transfer of interests; other special field surveys; construction observations and inspections; general construction administration; preparation of field orders, change orders or other construction related documents; quantity measurements of verifications; etc. 11. Services resulting from significant changes in the scope, extent, or character of the portions of the project designed or specified by CSI or its design requirements including, but not limited to, changes in size, complexity, Citys schedule, character of construction, or method of financing; and revising previously accepted studies, reports, drawings, specifications, or contract documents when such revisions are required by changes in laws and regulations enacted subsequent to the effective date of this agreement or are due to any other causes beyond CSI's control, 12. Providing renderings or models for the Citys use. 13. GIS mapping of project and/or conversion of AutoCAD drawings to GIS compatible mapping or vice versa. We appreciate the opportunity to work with the City on this and other projects. If the City wishes to move forward with the Project, we would recommend execution of a Professional Services Agreement between the two parties. Please contact me at (435) 773-3120 or chowickPcivilscience.com with any questions or concerns. Respecffully, Cody C. Howick, P.E. Project Manager 8-2 New Business Page 65 of 86 EXHIBIT A STANDARDIZED UNIT RATE AND FEE SCHEDULE LABOR RATES Labor Category Hourly Labor Rate Engineer VI Engineer V Engineer IV Engineer III Engineer II Engineer I Survey V Survey IV Survey III Survey II Survey I DIRECT REIMBURSABLE RATES: $165.00 $140.00 $130.00 $1 16.00 $98.00 $80.00 $128.00 $1 15.00 $95.00 $90.00 $60.00 Labor Category Hourly Labor Rate Technician V Technician IV Technician III Technician II Technician I Admin V Admin IV Admin III Admin II Admin I Clerical I Mileage Lodging (as necessary and agreed upon) Daily Meal Per -Diem (as necessary and agreed upon) Outside Consultants Other Expenses Occurred $1 16.00 $105.00 $90.00 $82.00 $60.00 $175.00 $125.00 $95.00 $66.00 $55.00 $49.00 $0.535 / mile $ Cost / Night $46 / person / day 15% Mark-up 15% Mark-up TIME CHARGES: Time reporting for all office personnel is based upon actual time in office. Time reporting for all field work is based upon actual field work plus travel time to and from assigned office location. Time billed in 15 minutes increments. OTHER DIRECT COSTS: Expenses for in-house services such as copying, and reprographics, are billed at a fixed rate or unit prices whichever is applicable. Specialized instrumentation, mobile laboratories, and related equipment are billed at fixed daily or weekly rate depending on the period of usage. Rate schedules are available upon request. Costs for project specific supplies are invoiced at the cost plus a 15% handling charge. Estimates are provided to the City for budgeting purposes only and are not an agreement by CSI to perform the services for a lump -sum, fixed price, or not to exceed price unless otherwise provided for in the contract. CSI reserves the right to change rates used on rate -based reimbursable contracts on a semi-annual basis. 8-2 New Business Page 66 of 86 1 2 3 4 5 6 7 8 9 Future Campus of Utah State University - Mill Creek Drive West Extension Proposal for Professional Services Proposer: Overall Cumulative Scoring Understanding and Approach Firm Experience Cost Analysis Schedule Cost z u a t i a _III ° h `o w i 4 n` `o z' ° o V. 6 w _ u° Ei d ° r, o 3 _ ° 8 a 2 ¢ - « z a 2I ° _ +• c � h. m „� '°' 3 _ ° = o n o c Interview/Notes Possible Scoring (Ranking Scale) 25 11 4 1 1 1 2 8 8 2 7 10 5 15 N/A 100 5% CIVIL SCIENCE 21.3 8.0 0.5 1.0 1.0 1.0 2.0 7.9 7.5 2.0 7.0 9.3 3.0 13.0 5143,454 84.4 87.3 1209 N 1 HORROCKS 16.8 7.3 3.5 1.0 1.0 1.0 2.0 7.3 6.8 2.0 6.8 7.5 5.0 12.8 $145,359 80.5 N GOFF 20.5 8.5 3.0 1.0 1.0 1.0 2.0 6.5 6.8 1.8 7.0 9.0 4.3 11.3 5151,852 83.5 81.5 978 N 3 PEPG/HALES/CMT 15.3 9.8 1.3 0.3 1.0 0.5 2.0 7.0 7.0 2.0 7.0 6.5 4.8 10.5 $166,054 74.8 N WCEC/HAL 17.5 7.3 1.5 1.0 0.6 0.6 1.8 5.0 5.5 1.8 4.3 6.8 3.8 11.0 $183,573 68.3 N KIMLEV HORN 16.8 7.8 3.5 1.0 1.0 1.0 2.0 7.5 6.8 2.0 7.0 7.5 5.0 12.3 $199,801 81.0 N JU8 18.5 8.3 3.8 1.0 1.0 1.0 2.0 7.5 6.8 2.0 6.8 8.8 5.0 12.0 5701,674 84.3 84.0 1386 N 2 RUSSELL 16.8 8.5 2.5 1.0 1.0 1.0 2.0 7.0 6.5 2.0 6.5 8.5 5.0 10.5 $238,000 78.8 N JONES AND DEMILLE 18.8 7.8 1.0 1.0 1.0 1.0 2.0 7.5 6.5 2.0 7.0 9.0 1.8 11.3 5755,103 77,5 N /// ssauisn8 WON Z-8 Page 67 of 86 Updated on: 2/22/2018 I:\Team Drives \Agenda -City Council\02-27-2018\Milcreek Dr west Engineering Services contract \FINAL AGENDA SCORING 2-16-2018.xlsx Moab City Recorder's Office MEMORANDUM TO: Mayor Emily Niehaus Moab City Council David Everitt FROM: Christopher McAnan RE: Changes to Procurement and Ethics Code —this is a public memo DATE: February 21, 2018 In 2016 the City enacted a number of changes to its procurement ordinance. These changes were made in response to public concerns about contracting procedures and ethics considerations for City employees. Since that time the City has gained experience administering the ordinance, and a revised ordinance is proposed which contains several changes. The City Manager asked that I provide you with a summary of those changes. 1. Ethics Rules First, we moved the ethics provisions to Chapter 2.01 to make them more prominent and visible. It was noted that persons interested in ethics for public officials and employees would not necessarily know to look within the procurement ordinance. Within Chapter 2.01 we left the same the definition of an official or employee having an "interest" in a related person or business entity. Generally an official has an interest in a related person or entity when the party is an immediate family member, or where the official or employee has an a management interest or ownership interest in excess of 10% of the related entity. Section 2.01.010(c). We broadened the disqualification rule in section 2.01.020(B) to make clear that an employee/official must recuse him/herself when that person has an interest in any person or entity seeking a contract, license, permit, or land use approval from the City. The earlier version limited the recusal to simply contracting matters. This language requires recusal when, for example, a Council member would benefit directly from a permit or land use approval granted to a business that person owns. Although Council members have commonly recused themselves in permitting situations in the past, the existing ordinance only required recusal in contracting situations. In subsection 2.01.030(D) we clarified the prohibition on employees/officials improperly releasing confidential information to import the definitions of private, controlled, or protected records contained in the Utah Governmental Records Access and Management Act (GRAMA). The earlier draft was somewhat ambiguous as to the definition of confidential information. Section 2.01.040 was added to state that the remedies for violations of the Chapter include: a) the Council voiding the decision; b) employee discipline for acts in violation of the policy; and/or c) removal of elected officials from office for acts in violation of the policy. However, we made clear that these rules do not afford a private cause of action for third parties 1 Page 68 of 86 8-3 New Business to sue to set aside a transaction. This same set of remedies is contained in the procurement rules, discussed below. 2. Procurement Rules In Chapter 2.28 the big change is that we have adjusted upward the dollar amount of the various purchasing categories. This was done following consultations with the City Council in 2017. The intent is to make City operations more efficient by giving staff the authority to handle a wide range of necessary purchases, without having to delay action until the City Council approves a purchase. The purchasing agent, Section 2.28.030, is tasked with assuring that funds are budgeted for a purchase, that procurement processes are followed, and that contract provisions are performed. Under existing law the purchasing agent can make purchases up to $10,000.00 without Council approval, subject to a requirement of reasonable diligence to obtain the best price terms. Under the new ordinance, Section 2.28.040, this limit is increased to $25,000.00. At this time purchases over $10,000.00 but less than $50,000.00 are subject to the purchasing agent obtaining three competitive quotes from different vendors and submitting a recommendation to the Council for approval. The new ordinance, Section 2.28.050, provides that purchases over $25,000.00 but not more than $50,000.00 require three competitive quotes, with the purchasing agent to authorize the purchase, or refer the matter to the Council for decision if there is a concern. Currently, purchases over $50,000.00 require competitive sealed proposals and Council approval. The new ordinance leaves this threshold the same. Section 2.28.080. We added some language in Section 2.28.100, the provision that prohibits segmenting of purchases to avoid procurement processes, to provide that repeat retail purchases, such as routine purchases of lumber, are not subject to a procurement process. This was to deal with the problem of repeat purchases from local businesses, particularly of building supplies, running up to a dollar figure which would trigger a competitive process by the end of the fiscal year. In practice, it was difficult for department heads to prospectively engage in competitive quote processes when there are multiple small or routine transactions over the course of the year. In Section 2.28.100(C) we also made clear that where purchases of consulting, professional, or design services are made under small purchasing authority (up to $25,000.00), the cumulative amount of separate task orders shall not exceed $50,000.00 in any fiscal year. This is designed to avoid small consulting contract morphing into large purchases without other procurement processes being followed. Under Section 2.28.110(B), state approved contracts, the new ordinance authorizes purchases of equipment under state approved procurement standards without Council approval for purchases up to $100,000.00. Purchases over that amount require Council approval. The existing law requires Council approval only for state approved contracts over $10,000.00. This is a change that will take many routine purchases, i.e. police and public works vehicles purchases, out from City Council review. 2 Page 69 of 86 8-3 New Business In Section 2.28.120 we clarified some language to make clear that Council approval of the bills is a check on the purchasing agent certification, but that it is not mandatory. This is to conform to current City practices and reduce the overall Council workload. New Section 2.28.130 provides that the City Manager has authority to sign contracts with a value of up to $50,000.00. Contracts in excess of that amount still require the Mayor's signature. All contracts require that the Recorder attest the signature of the official, as provided in the case of other City obligations. The City Manager's contracting authority was unclear under the old law, so we are clarifying that. A draft of the ordinance is attached. In summary, we have tried to emphasize and expand upon the ethics rules for public employees and officials. We have preserved existing checks on procurement processes. But we propose to delegate more decision making to staff. The intent is to reduce the City Council workload and provide for more timely purchasing decisions. Please let me know if you have questions or concerns. 3 Page 70 of 86 8-3 New Business CITY OF MOAB ORDINANCE NO.2018-03 AN ORDINANCE AMENDING CITY PROCUREMENT PROCEDURES, AMENDING 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. In light of experience gained following the recent adoption of the ordinance amending purchasing and ethics provisions, the City determines that a few amendments are in order. d. Additionally, the City wishes to expand upon and improve the visibility of ethics provisions applicable to City employees and officials. Now therefore, the City of Moab repeals the entirety of MMC § 2.28.010 through 200 and enacts the following: Chapter 2.01 ETHICS FOR CITY EMPLOYEES AND OFFICIALS 2.01.010 Definitions. The following definitions apply to this Chapter: A. "Employee" means a person who is not an elected officer of the City of Moab and who performs services for the City on a full or part time basis in exchange for wages. B. `Entity" means a sole proprietorship, partnership, association, joint venture, corporation, trust, limited liability company, or similar business entity. C. "Interest" means a pecuniary, monetary, or other material benefit which may accrue to a City official or employee as a result of any business transaction, 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 (whether natural or adoptive and regardless of age), parent/grandparent, aunt/uncle, niece/nephew, or first cousin; 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 an officer, director, manager, or employee; or 1 Page 71 of 86 8-3 New Business 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. D. "Official" means the Mayor, the members of the City Council, and the appointed members of all other City boards or commissions. 2.01.020 Provisions Supplemental to State Law. This provisions of this Chapter are supplemental, and in addition to, the provisions of the Utah Municipal Officers' and Employees' Ethics Act, U.C.A. § 10-3-1301, et seq. 2.01.030 Employee and Official Ethics. A. No Oversight of Related Persons. 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. Disclosure as to Related Businesses; Disqualification. Every employee or official of the City who has an interest, as defined by this Chapter, in a related person, business, or entity 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 related person, business, or entity. For purposes of this subsection, the disclosure is required where the employee or official has an interest in a person, business, or entity or who: 1) Maintains or anticipates entering into a contract with the City; 2) Seeks City approval of a license, permit, land -use application, or similar City decision; or 3) May be subject to regulatory, enforcement, or legal action by the City. 4) The employee or official having an interest as described in this subsection shall not vote or otherwise participate in any decision or official action pertaining to that related person, business, or entity, and the disclosure shall be noted in the minutes of the decision making body. C. Annual Disclosures. Employees and officials shall disclose in writing, at least annually, their interest in all entities 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 entity. D. No Disclosure of Confidential Information Pertaining to City Business. No City employee or official, with respect to any contract, transaction, or decision which is or may be the subject of an official act of the City shall, without proper legal authorization, disclose private, controlled, or protected information concerning the transaction, any actions of the City, or otherwise use such information to benefit the personal or economic interest of the employee or official, or others. 2 Page 72 of 86 8-3 New Business 1) The terms "private," "controlled," or "protected" shall have the same meanings as defined in the Utah Government Records Access and Management Act (GRAMA), U.C.A. § 63G-2-103. E. Retaliation Prohibited. 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. Employees and Officials Prohibited from Using Position to Secure Special Privileges for Related Parties. 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. G. Disclosure of Persons and Businesses Doing Business with the City. The identity of persons or entities doing business or maintaining contracts with the City is public information which is subject to disclosure pursuant to requests under the Government Records Access and Management Act. 2.01.040 Remedies. The sole remedies for violations of this Chapter are as follows: A. A contract, transaction, or decision which is approved in violation of this Chapter is voidable, in whole or in part, in the discretion of the City Council or applicable decision making body. 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. D. Nothing in this Chapter shall be interpreted as conferring a private cause of action upon any person who may seek to set aside a particular contract, transaction, or decision. Chapter 2.28 PURCHASING PROCEDURES 2.28.010 Purpose. The purpose of this Chapter is to ensure integrity in the procurement process by assuring that purchases are conducted in an open and competitive manner. Additionally, this Chapter is intended to establish standards of conduct for City employees and officials, and avoid conflicts of interest in procurement decision making 2.28.020 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. 3 Page 73 of 86 8-3 New Business 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-time 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. "Local Vendor" means a person or business entity holding a business license and having its sole place of business: 1) within Grand County, Utah; or 2) within a twenty mile radius of the City of Moab municipal limits. F. "Non -Responsive" means a proposal or bid from a person which does not conform to the published requirements for a procurement as to such terms as: quantity; scope of services; price; quality; time of submittal or performance; or other material requirements established by the Purchasing Agent. G. "Official" means the Mayor, the members of the City Council, and the appointed members of all other City boards and commissions. H. "Prequalification" means a screening process whereby persons who may wish to enter into a contract with the City are evaluated for eligibility pursuant to a set of criteria published by the Purchasing Agent. I. "Procurement" means the process of contracting for construction, goods, services, equipment, or personal property by the City pursuant to established purchasing procedures. J. "Procurement Threshold" as used in Section 100 of this Chapter means the dollar limits on purchasing and the associated purchasing procedures, as set forth in Sections 040, 050, 070, or 080 of this Chapter. K. "Proposal" means a written statement by a person to provide goods, services, or both having a value of no more than fifty thousand dollars ($50,000.00) which is submitted in response to a City request for proposals. A proposal may contain terms other than price and include details as to: experience; quality; suitability for intended purposes; scheduling or manner of delivery; or other criteria. L. "Purchasing Agent" means the person tasked with administering this Chapter, as specified from time to time. Unless otherwise designated by the City Council, the Purchasing Agent shall be the Recorder. M. "Purchasing Order" means a document issued by the Purchasing Agent whereby the City undertakes to purchase goods, services, or other property from an outside vendor or provider by specifying the types, quantities, price, and other material terms. 4 Page 74 of 86 8-3 New Business N. "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. O. "Sealed Bid" means a written statement by a person to provide goods, services, or both which is submitted confidentially and opened publicly at a time specified by the City in its invitation for bids. A sealed bid responds to the detailed specifications outlined in the City's invitation for bids and is the offer of the person submitting the bid to enter into a contract in accordance with its terms. 2.28.030 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, fosters broad -based competition, 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. 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. All City expenditures shall be properly coded using expense accounting procedures. B. The Purchasing Agent will confer with the City Manager and department heads with respect to the development of requests for proposals (RFPs) where necessary as part of the procurement process. C. The Purchasing Agent shall verify that parties awarded contracts under this Chapter possess all required licenses and permits (e.g. engineering, construction trades licensing, building permits, or the like) needed to perform the specified tasks. 2.28.040 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 not more than twenty five thousand dollars ($25,000.00) (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 or provider. A. Professional Services, Design Services, or Construction Services procured under this Section shall be confirmed by award of a contract, in the form approved by the City, containing all required specifications. A department shall include minimum specifications when using the small purchase threshold for professional, design, or construction services. 2.28.050 Competitive Proposals for Projects up to $50,000.00. For all procurements having a cost which is likely to exceed twenty five thousand dollars ($25,000.00), but which is not to exceed fifty thousand dollars ($50,000.00), the Purchasing Agent shall solicit competitive proposals from at least three vendors. All responsive proposals shall be reviewed by the Purchasing Agent as to the most favorable proposal with respect to price, quality, reliability, 5 Page 75 of 86 8-3 New Business availability, and performance of the vendor. The Purchasing Agent, in his/her discretion, may approve the procurement, request additional information, reject all proposals, or refer the procurement to the City Council for a decision 2.28.060 Unresponsive Bidders for Competitive Proposals. In procurements subject to Section 050, 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; and 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. 2.28.070 Essential Public Works Projects. For procurements involving Essential Public Works and having a cost in excess of twenty five thousand dollars ($25,000.00) but not exceeding fifty thousand dollars ($50,000.00), the Purchasing Agent and the 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. 2.28.080 Sealed Bids for Projects in Excess of $50,000.00. For all procurements having a cost which is likely to exceed fifty thousand dollars ($50,000.00) the Purchasing Agent shall solicit 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, financial strength, past performance, or the like, have the capability to perform. A. Procurements subject to 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. 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 will review the recommendation and, in its discretion, may approve the recommendation, request additional information, or reject all proposals. 2.28.090 Local Business Preference. Local vendors, as defined by this Chapter, may receive a procurement preference as follows: 6 Page 76 of 86 8-3 New Business A. A request for a local business preference along with any necessary documentation establishing that a party is a Local Vendor must be submitted to the Purchasing Agent in writing in conjunction with the delivery of the vendor proposal or bid; B. A responsive proposal or bid from a Local Vendor will be deemed the lowest proposal or bid if the total cost is no more than five percent (5%) 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 ($25,000.00). For example, if a non -local bidder bids $600,000.00 for a procurement and a Local Vendor bids $630,000.00 (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. 2.28.100 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. Annual Review of Program Purchases. Where programmatic or repeated procurements in the defined areas specified in this Section, 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 the applicable department head and define an expected scope of procurements for the fiscal year. B. Routine Retail Purchases Excluded. The restrictions of this Section 100 shall not apply to repeat or routine purchases of items from retail businesses where a procurement process would be inefficient (e.g. repeat purchases of lumber, hardware, or janitorial supplies on an as -needed basis). C. Professional, Design, and Construction Services Cumulative Threshold. Where professional services, design services, or construction services are procured under Small Purchases purchasing authority, Section 040, the cumulative amount of repeat purchases (such as separate task orders) in any fiscal year shall not exceed fifty thousand dollars ($50,000.00) for that provider contract. 2.28.110 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 7 Page 77 of 86 8-3 New Business 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 the other procedures of this Chapter. 1) City Department Heads should seek to obtain competitive emergency purchases by using telephone quotes, internet or catalog quotes, limited invitations to bid, or similar procedures to the extent practicable, and consistent with the need to protect public health and safety. 2) The Purchasing Agent and City Manager shall make a written determination documenting the emergency and the selection of the procurement item. A record of the determination and selection shall be kept in the contract file. The documentation may be made after the emergency condition has passed. B. State Approved Contracts. Pursuant to U.C.A. § 11-13-201 the City is authorized to enter into joint purchasing arrangements with other governmental entities. Where the State of Utah or other competitive purchasing groups have established standard procurement contracts for state agencies which are 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 established by the state or the competitive purchasing group. City departments are encouraged to utilize State of Utah competitive purchasing group procurements where appropriate. The Purchasing Agent must approve the purchase order in advance and, if it exceeds the sum of one hundred thousand dollars ($100,000.00), the purchase is subject to City Council review and approval. C. Single Source Procurement. Where there is only a single source available for a particular procurement, the Purchasing Agent may waive proposal or bid requirements, provided that the department head undertakes reasonable efforts to: 1) document that no alternative provider is available; and 2) 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 fifty thousand dollars ($50,000.00), the purchase is subject to City Council review and approval. 1) Sole -source procurement awards do not involve standard procurement process and should only be used when justified after reasonable research has been conducted to determine if there are other available sources, and an analysis has been done to determine if a sole source award is cost justified. 2) Circumstances for which a sole -source contract awards may be justified include: a. A procurement item for which there is no comparable product or service, such as a one -of -a -kind item available from only one vendor; b. A component or replacement part for which there is no commercially available substitute, and which can only be obtained directly from the manufacturer; or c. An exclusive maintenance, service, or warranty agreement. 8 Page 78 of 86 8-3 New Business 3) Prior to awarding a sole source contract, the applicable department shall conduct a price analysis to determine if the same or similar items are available from another source. 4) An urgent or unexpected circumstance for a procurement does not justify the ward of a contract using the sole -source exception. 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 or modifications; 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; extensions of existing contracts, and agreements with interlocal coop entities (e.g. local government mutual insurance agencies). 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. 2.28.120 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 account payable items. Upon certification by the Purchasing Agent the invoices and bills shall then be deemed payable as an obligation of the City. During any City Council meeting, the City Council may choose to review the Purchasing Agent's payment certification and, if satisfied as to its accuracy, approve the certification. Any concerns as to whether any expenditure is proper shall be promptly brought to the attention of the City Manager and Purchasing Agent. 2.28.130 Authority for Contract Execution. The City Manager has authority to execute all contracts under this Chapter, including contract modifications, extensions, and change orders, with a contract price of not exceeding fifty thousand dollars ($50,000.00). All other contracts awarded under this Chapter shall be executed by the Mayor. To be valid, the Recorder must attest the signatures of the Mayor or City Manager on all contracts executed pursuant to this Chapter. 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 ($50,000.00). B. Payment and performance bonds in an amount equal to one hundred percent of the contract price are required for all construction contracts in excess of fifty thousand dollars ($50,000.00), unless alternative security is authorized pursuant to this Chapter. 9 Page 79 of 86 8-3 New Business 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 ($500,000.00) 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. In every construction contract where there is a modification of bonding requirements, or where no bonding is required (e.g. contracts under $50,000.00 in value), 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. E. In every construction contract where there is a modification of bonding requirements, or where no bonding is required, the City is authorized to: 1) issue payment in the form of joint payee checks payable to the general contractor and subcontractors, laborers, or material suppliers; 2) 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 3) 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; 10 Page 80 of 86 8-3 New Business 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 s 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. 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: 1) reject debarment; 2) order debarment for a period of time of not less than thirty (30) days, nor more than three (3) years; or 3) issue a partial debarment order limiting, for example, the types of work, 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: 1) presume that the decision is valid; and 2) determine only whether or not the decision is arbitrary, capricious, or illegal. 11 Page 81 of 86 8-3 New Business 2.28.200 Remedies. The sole remedies for violations of this Chapter (excluding sections 180 and 190 pertaining to contractor debarment) are as follows: A. A contract, transaction, or decision 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. D. Nothing in this Chapter shall be interpreted as conferring a private cause of action upon any person seeking to set aside a particular contract, transaction, or decision. Approved and adopted by majority vote of the Moab City Council. This ordinance shall take effect immediately upon passage. By: Mayor Emily Niehaus Date Attest: By: Rachel Stenta, Recorder Date -End of Document- 12 Page 82 of 86 8-3 New Business Moab City Council Agenda Item Meeting Date: February 27, 2o18 #: 8-5 Title: Property Surplusing Date Submitted: February 21, 2018 Staff Presenter: Cindy Montague and Pat Dean Attachment(s): - Police Surplus Property List of items - Photos of grease trap Recommended Motion: I move to approve the resolution declaring certain property owned by the City of Moab as surplus. Background/Summary: The Police Department wishes to surplus 12 bikes and 1 Black tire/rim currently in inventory. The process is complete, as required by the State of Utah, code 77-24a-5. Public Works wishes to surplus an unused concrete grease trap vault, which has occupied space in the staging yard for quite some time. Public Works is in the need of additional space. Page 83 of 86 8-5 New Business RESOLUTION # 16-2018 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB DECLARING CERTAIN PROPERTY OWNED BY THE CITY OF MOAB AS SURPLUS WHEREAS, Moab City has the right and title to certain property listed below and; WHEREAS, the Governing Body of Moab City declares that at present time, it has no use whatsoever for said property. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF MOAB CITY THAT: 1. The property detailed on the attached list is hereby declared as surplus city property. 2. This resolution shall take effect immediately upon passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council this 27t'' day of February. SIGNED: Emily S. Niehaus, Mayor ATTEST: Rachel Stenta, City Recorder 8-5 New Business Resolution #16-2018 Page 84 of 86 Surplus Property List Item Manufacturer Year (if known) Disposition Method Diamond Back Donate to Community Rebuilds or Grand County School District 1 White Sarrento Bike Donate to Community Rebuilds or Grand County School District 1 Black/Yellow XR15 Bike Mongoose Donate to Community Rebuilds or Grand County School District 1 White w/stickers Bike Unknown Donate to Community Rebuilds or Grand County School District 1 Blue Sage Bike (damaged) Ironhorse Donate to Community Rebuilds or Grand County School District 1 Purple Mt Bike Mt Climber Unknown Donate to Community Rebuilds or Grand County School District 1 Green 8 Speed Bike Grand Teton Donate to Community Rebuilds or Grand County School District 1 Black Bike Roadmaster Donate to Community Rebuilds or Grand County School District 1 Black Bike Mongoose Donate to Community Rebuilds or Grand County School District 1 Bike Tire and Rim Donate to Community Rebuilds or Grand County School District 1 Light Blue Cruiser Bike Unknown Donate to Community Rebuilds or Grand County School District 1 Black/Blue Ledge Bike Mongoose Donate to Community Rebuilds or Grand County School District 1 Black Bike w/white pedals BMX Donate to Community Rebuilds or Grand County School District 1 Blue w/yellow black and wht stripes Mongoose Donate to Community Rebuilds or Grand County School District 1 Grease trap Send to auction Page 85 of 86 8-5 New Business