HomeMy Public PortalAboutPKT-CC-2018-03-13Moab City Council
March 13, 2018
Pre -Council Workshop
**6:00 PM**
REGULAR COUNCIL
MEETING
7:00 PM
CITY COUNCIL CHAMBERS
CITY CENTER
(217 East Center Street)
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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, March 13, 2018 at 6:00 p.m.
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6:00 p.m.
7:00 p.m.
SECTION 1:
SECTION 2:
SECTION 3:
SECTION 4:
SECTION 5:
SECTION 6:
PRE -COUNCIL WORKSHOP
• Briefing by Ken Kolm Regarding Hydrologic and Environmental System Analysis
of Moab Area Culinary Water Sources
• Discussion Regarding Ordinance Code Revisons: Moab Municipal Code Chapter 2
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
1-1 February 27, 2018
MAYOR AND COUNCIL REPORTS
ADMINISTRATIVE REPORTS
CITIZENS TO BE HEARD
PRESENTATIONS
5-1
Presentation of the Mayor's Student Citizenship of the Month Awards for September
2017 to March 2018 for Grand County Middle School
SPECIAL EVENTS/VENDORS/BEER LICENSES
6-1 TransRocbies 5th Annual Moab Rocks three-day Mountain Bike Race
Festivities April 13 to 16, 2018
6-1-1 Approval of Special Event Application
6-1-2 Approval of Special Use of Swanny City Park
6-1-3 Approval of Special Event Beer License
6-1-4 Granting of Local Consent for a Single Event Alcohol Permit
6-2 Approval of a Request by Bill Groff for Amplified Music at Old City Park on June 1,
2018
6-3 Approval of a Request by Moab Music Festival for Amplified Music at Old City Park
on September 3, 2018
6-4 Approval of a Request by Moab Music Festival for Use of the Sun Court on August
31, Setpember 7 and 9, 2018
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6-5 Approval of a Private Property Vendor License for Melissa Mattson, d.b.a. Nom Nom
Doughnuts, located at 391 South Main Street for a term of March 29 to June 4, 2018
and September 8 to November 12, 2018
SECTION 7: OLD BUSINESS
7-1 Review and Possible Approval of 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
7-2 Reconsideration of Resolution #13-2018—A Resolution to Maintain Local Zoning
Authority Over Short-term Rental Uses
SECTION 8: NEW BUSINESS
8-1 Discussion Regarding Council Role in Special Events Permitting
8-2 Approval of Procurement of a Door Security Upgrade Purchase with TJ Communicaitons
in an amount not to exceed $49,800
8-3 Review and Possible Approval of Proposed Ordinance #2018-05 — An Ordinance to
amend Chapter 5.20.660 of the Moab Municipal Code by adding Lion's Park to the list of
City facilities where alcohol may be permitted by the City Council
8-4 Presentation of Annual Film Commission Report
8-5 Review and Possible Approval of Proposed Resolution #17-2018—A Resoluiton
Requesting the Utah Division of Water Rights to Limit New Allocaions within Spanish
Valley
SECTION 9: CONSENT AGENDA
9-1 Approval of Procurement of a Pedestrian Bridge from Contech Engineered Solutions in
an amount not to exceed $31,015
9-2 Approval of Procurement of a Concrete Project for the Moab Arts and Recreation Center
Side Yard Renovation Project from Straightline Contracting in an amount not to exceed
$28,890
9-3 Request for Approval of Surplused City Property to Moonflower Market
SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 11: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should
notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days
prior to the meeting. Check our website for updates at: www.moabcity.org
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Moab City Council Agenda Item
Meeting Date: March 13, 2018
#: Workshop
Title: Moab Municipal Code Title 2 Revisions
Date Submitted: March 8, 2018
Staff Presenter: David Everitt
Attachment(s): Proposed Ordinance
Recommended Motion: I move to adopt Ordinance 2018-04, an ordinance
amending and repealing certain provisions in Title 2 of the Moab Municipal
Code pertaining to elected officers, appointment of officials, the Planning
Commission, certain advisory boards, and records request fees.
Background/Summary:
Much of the Moab Municipal Code is in need of cleanup, clarification, and
updates. The attached proposed ordinance addresses those needs for Title 2,
Administration and Personnel, which contains an extensive range of
provisions that affect day-to-day operations in the City.
Specifically, this ordinance proposes the following changes:
1. Transfers appointment and removal power for certain department heads
from the Mayor to the City Manager. This comports with current state law,
provides consistency across the departments (except for Recorder and
Treasurer, which remain Mayoral appointments by state law), and allows
for a more efficient employment process.
2. Removes outdated provisions regarding superintendents and at -will
appointees. There is no need for a chapter designating the "City Collector",
"Utilities Superintendent", "Superintendent of Streets", nor a chapter
regarding at -will status. All of this is covered in the Personnel Policies and
Procedures manual, which is adopted by resolution of the Council
separately. This is true for severance benefits and appeals as well.
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3. Removes sections regarding advisory boards that no longer apply. The
Stuntmen's Hall of Fame, the MARC Advisory Board, the Hillside Review
Advisory Board, and the Youth Center Board are either not relevant or
defunct at this time.
4. Updates language related to records request fees to conform with the Utah
Code Annotated and add specificity and detail, including in Exhibit "A" of
the GRAMA fees section.
5. Updates the section governing the Planning and Zoning Commission to
expand the number of Commissioners to seven, changes the term from five
to three years, and adds clearer language where needed.
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CITY OF MOAB ORDINANCE NO. 2018-04
An ordinance amending and repealing certain provisions in Title 2 of the Moab Municipal
Code pertaining to elected officers, appointment of officials, the Planning Commission,
certain advisory boards, and records request fees.
The following describe the intent and purpose of this ordinance:
a. The City of Moab is a City of the Fifth Class, as defined by U.C.A. § 10-2-301.;
b. From time to time the City undertakes to revise its ordinances to remove archaic or
outdated language, and to bring ordinances into compliance with current City needs and
practices;
c. The City finds that several provisions in Title 2 of the Moab Municipal Code ("MMC")
are dated and in need of repeal or substantial amendment in light of current practices and because
certain administrative or other bodies are no longer in existence or needed;
d. Utah Code Annotated § 10-9a-301 requires that a municipality adopt planning
commission rules of procedure and order to govern public meetings. The City of Moab has
additionally enacted ordinances which create the Planning Commission and specify the matters
that are within its jurisdiction;
e. That in the interest of efficient municipal administration a number of changes are needed
to update the MMC, including:
1. Transfer appointment and removal power for certain department heads from the
Mayor to the City Manager;
2. Remove outdated provisions regarding superintendents and at -will appointees;
3. Remove sections regarding advisory boards that no longer apply;
4. Update language related to records request fees to conform with the Utah Code
Annotated and add specificity and detail, including in Exhibit "A" of the GRAMA
fees section; and
5. Update the section governing the Planning and Zoning Commission
f. The changes enacted in this ordinance comply with applicable Utah laws pertaining to the
alteration or consolidation of statutory functions, and specifically U.C.A. 10-3b-303(1)(b).
Now therefore, the Moab Municipal Code is amended as follows:
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Chapter 2.04
CITY COUNCIL
2.04.010 Oath required.
Each member of the City Council, before assuming the duties of his office, shall take and
subscribe the constitutional oath of office.
2.04.015 Role of the City Council.
The City operates under the form of government as identified under U.C.A. § 10-3b-301. The
City Council shall review and approve all resolutions and ordinances; appropriate funds and
adopt the annual budget and any amendments; set all mill levies or other taxes; review municipal
administration as set out herein; and perform all other duties that may be required of it by law.
From within the membership of the City Council the Council shall designate a person to serve as
the Mayor Pro Tempore. The Mayor Pro Tempore shall carry out all duties and responsibilities
of the Mayor when the Mayor is absent or unable to perform same. Any executive or
administrative power held previously by the City Council is now delegated to the City Manager..
2.04.020 Meetings --Time and place.
A. The stated meetings of the City Council shall be held at a place designated by the City
Council on the second and fourth Tuesday of each month, provided that when any meeting
occurs on a general holiday, the meeting shall be held on the next succeeding day. The Council
may hold other or special meetings at such times it determines to be convenient.
B. All meetings may be adjourned from time to time as business may require. The hour of
regular meetings shall be seven p.m.
C. All regular City Council meetings may be preceded by a pre -meeting workshop for the
purpose of allowing the council to receive staff reports and recommendations on regular meeting
agenda items. The workshop shall commence one-half hour before the meeting, or such longer
period of time as the council shall by notice designate.
D. All pre -meeting workshops shall be open to the public, but shall not be regarded as "public
hearings" for the purposes of allowing testimony or comment from the public.
E. Pre -meeting workshops shall be conducted in an informal manner in the discretion of the
governing body. Final action on any ordinance, resolution, or agenda item reviewed at a pre -
meeting workshop shall be reserved for the regular meeting. (Ord. 98-04 § l (part), 1998; Ord.
96-08, 1996: prior code § 2-8)
2.04.040 Meetings -Procedure generally.
The City Council shall sit with unlocked doors and shall keep a journal of its own proceedings.
The votes for or against shall be taken upon the passage of all ordinances, all propositions to
create any liability against the City, and in all other cases at the request of any member, which
shall be entered upon the journal of its proceedings. Unless otherwise provided for by law, the
concurrence of a majority of the Councilmembers at a meeting where quorum is presentshall be
necessary for the passage of any such ordinance or proposition. (Prior code § 2-10)
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2.04.050 Meetings -Reconsideration of votes.
No vote of the City Council shall be reconsidered or rescinded at a special meeting, unless at
such special meeting there are present as large a number of City Councilmembers as were
present when such vote was taken. (Prior code § 2-11)
2.04.060 Meetings -Deferral of action on reports.
Upon request of any two members of the City Council, action on any report of a committee of
the City Council shall be deferred to a future meeting of the City Council., (Prior code § 2-12)
2.04.070 Meetings -Special meetings.
The Mayor or any two members of the City Council may call a special meeting of the City
Council by giving a notice thereof to each of the members of the City Council, served personally
or left at their usual place of abode. (Prior code § 2-13)
2.04.080 Vacancies.
If any vacancy shall occur in the office of City Councilmember by death, resignation, removal or
otherwise, such vacancy shall be filled for the unexpired term by appointment of the City
Council. Should the City Council fail for thirty days to fill the vacancy in the City Council, the
City Recorder shall sit as a member of the City Council for the purpose of choosing some person
to fill such vacancy. (Prior code § 2-14)
2.04.090 Reinvestment Agency Authority.
Pursuant to Section 17C-1-102, et seq. of the Utah Code Annotated, as amended, the Community
Reinvestment Agency Act, a community reinvestment t agency of the City is hereby created, and
the City Council is designated as the governing body. The Council shall have the power to
transact business and exercise all of the powers of such agency as otherwise provided by law.
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Chapter 2.08
MAYOR
2.08.010 Oath required.
The Mayor, before assuming the duties of the office, shall take and subscribe the constitutional
oath of office. (Prior code § 2-16)
2.08.015 Role of the Mayor.
The Mayor is the chief ceremonial officer of the City and the presiding officer at all meetings of
the City Council. The Mayor is a non -voting member of the Council, but may vote where there
is a tie vote of the other Council members, or as otherwise provided by law. The Mayor, as a
member of the Council, may participate in all actions of the Council in setting policy for the
City. The Mayor shall retain any legislative or quasi-judicial powers vested by law. The
Mayor shall appoint, with the advice and consent of the Council, persons to fill any vacancies on
commissions, boards, or committees of the City. Any other executive or administrative power
held previously by the Mayor under prior law is delegated to the City Manager. (Ord. 93-9 § 6,
1993)
2.08.020 Office to be vacant upon removal from city.
If at any time during his/her term of office, the Mayor shall no longer make his/her primary
residence within the City, the office shall thereby become vacant. (Prior code § 2-17)
2.08.030 Vacancy -Filling.
Whenever a vacancy shall occur in the office of Mayor, the City Council shall elect a Mayor,
who shall possess all the rights and powers of Mayor until the next municipal election, and until
his/her successor is elected and qualified. (Prior code § 2-18)
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Chapter 2.10
CITY MANAGER
2.10.010 Office created.
As authorized by U.C.A. § 10-3b-303 there is created the office of City Manager of Moab, Utah.
(Ord. 93-9 § 1, 1993)
2.10.020 Appointment.
The appointment of a person to be known as City Manager shall be by the City Council. Once
approved by the City Council, the Mayor shall sign the contract entered into with the City
Manager on behalf of the City. (Ord. 93-9 § 2, 1993)
2.10.030 Term.
The City Manager shall serve at the pleasure of the City Council, except that the Council shall
employ the Manager for a term not to exceed three (3) years. The term of employment may be
renewed at any time. Any person serving as City Manager may be removed with or without
cause by a majority vote of the City Council. (Ord. 93-9 § 3, 1993)
2.10.040 Powers and duties.
The powers, duties, and obligations of the City Manager are as follows:
A. The administrative powers, authority, and duties are vested in the City Manager.
B. The City Manager shall be the chief administrative officer of the city and shall be
responsible to the City Council for the administration of all city affairs placed in his or her
charge. All City employees, contractors, or appointees (excluding persons appointed to City
boards or commissions) shall be under the supervision and direction of the City Manager.
C. Subject to the terms of applicable contracts or personnel policies, the City Manager shall
hire and, when he/she deems it necessary, suspend or remove all City employees and contractors.
The City Manager has discretion to delegate personnel authority to any subordinate employee or
department head with respect to employees under that person's direct supervision.
D. The City Manager shall direct and supervise the administration of all departments, offices
and agencies of the City, except as otherwise provided by law.
E. Except for the purpose of inquiry, the City Council and its members shall deal with the
administrative service solely through the City Manager and neither the Council, nor any member
thereof, or the Mayor shall give orders to any subordinates of the City Manager, either publicly
or privately.
F. The City Manager shall attend meetings of the City Council with the right to take part in
the discussion but not to vote. The City Manager may recommend to the City Council for
adoption such measures as she/he may deem necessary or prudent.
G. The City manager is designated as the budget officer for the City and shall perform or
cause to be performed all of the duties of such office as set forth in the Uniform Municipal Fiscal
Procedures Act. As budget officer, the City Manager shall prepare and submit the annual budget
to the City Council, along with any proposed amendments to the budget.
H. The City Manager shall promptly notify the Mayor and City Council of any emergency
existing in any City department or body.
I. The City Manager shall perform such other duties as may be required by law, or by the City
Council through ordinance, resolution, or informal direction.
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J. In the manager's temporary absence, the Recorder shall exercise the powers and perform
the duties of the City Manager.
K. The City Manager shall carry out the policies and programs established by the Council.
L. The City manager may examine and inspect the books, records, and official papers of any
office, department, agency, board, or commissions of the city and make investigations and
require reports from all personnel. (Ord. 94-16, 1994; Ord. 93-9 § 4, 1993)
2.10.070 Salary.
The salary of the City Manager shall be set from time to time by resolution of the City Council.
(Ord. 93-9 § 7, 1993)
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Chapter 2.12
DUTIES OF CITY RECORDER
2.12.010 Oath required.
The City Recorder, before assuming the duties of the office, shall take and subscribe the
constitutional oath.
2.12.020 Duties.
Pursuant to U.C.A. § 10-3-916 the Recorder is appointed by the Mayor, with the advice and
consent of the City Council. The Recorder shall perform all duties as may by law devolve upon
him/her as recorder of a city of the fifth class under the laws of the State of Utah. The Recorder
shall keep records properly indexed of all City contracts, and the records shall be open to
inspection by all interested persons. Unless otherwise provided by ordinance, the Recorder shall
be ex-officio city collector. The Recorder shall perform such other and further duties as the City
Council may by ordinance provide. Within the office of the Recorder a properly qualified
employee may be appointed by the Recorder as the Deputy Recorder. The Deputy Recorder is
authorized to perform, and shall perform, all duties of the Recorder during such times when the
Recorder is unavailable or unable to perform same. Any official act of the Deputy Recorder
taken in the absence of the Recorder shall be valid and binding to the same extent as if done by
the Recorder. The Recorder, in addition to the powers and duties imposed by law and ordinance,
shall perform the following duties:
A. He/she shall issue notices to the members of the City Council, when directed to do so by
that body, and to members of the different committees and to all persons whose attendance is
required before any committee, when directed or requested so to do by the chairman of such
committee. The Recorder shall also issue notices of special meetings of the City Council.
B. He/she shall attest all licenses granted under this code or any other ordinance of the City,
and shall keep a record of the issuance thereof.
C. He/she shall, without delay, deliver to the officers of the City, and all committees of the
City Council, all resolutions and communications referred to such officers or committees by that
body.
D. He/she shall, without delay, deliver to the Mayor all ordinances or resolutions which may
be required to be approved or otherwise acted upon by the Mayor, together with all papers on
which the same are founded.
E. He/she shall sign and attest all ordinances passed by the City Council that are signed by
the Mayor or other officer.
F. He/she shall certify to the publication of all ordinances, resolutions, or other official
documents.
G. He/she shall attest all papers signed by the Mayor officially, and keep and affix the
corporate seal.
H. He/she shall keep correct records and minutes of all proceedings of the City Council,
recording the same to the extent otherwise provided by law.
I. He/she shall countersign all contracts made on behalf of the City, and every contract made
on behalf of the City, or to which the City is a party, shall be void unless signed by the Recorder.
The Recorder shall endorse a certificate upon every bond, warrant, or other evidence of debt
issued pursuant to law, by the City stating that the same is within the lawful debt limit of the
City, and is issued according to law.
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J. He/she shall pay into the City treasury all money belonging to the City coming into the
Recorder's office.
K. He/she shall deliver to the successor in office the corporate seal, together with all books,
papers, records and other property of the City.
L. He/she shall have the power to administer oaths in all matters in any way connected with
the City government.
M. He/she shall attend to all official correspondence and report the same to the City Council
as needed. (Prior code § 2-30)
2.12.030 Records of ordinances to be kept.
A. The Recorder shall keep records of all ordinances, together with affidavits of publication
by the publisher. Before taking effect, all ordinances shall be deposited in the office of the
Recorder.
B. The originals of all ordinances passed by the City Council shall be filed in the Recorder's
office. (Prior code § 2-31)
2.12.040 Papers, records, transcripts -Copies.
Upon request and upon the payment of such fees set by the City Council the Recorder shall
make, affix the corporate seal thereto and certify copies of all papers filed in the Recorder's
office and transcripts of all records of which the Recorder is the lawful custodian. (Prior code §
2-32)
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Chapter 2.16
CITY TREASURER
2.16.010 Oath required.
The Treasurer, before entering upon the duties of office, shall take and subscribe the
constitutional oath of office. (Prior code § 2-33)
2.16.020 Appointment of deputies and assistants.
Pursuant to U.C.A. § 10-3-916 the Treasurer is appointed by the Mayor, with the advice and
consent of the City Council. The Treasurer shall have power to appoint from within the office of
the Treasurer a properly qualified employee who shall be designated the Deputy Treasurer. The
Deputy Treasurer is authorized to perform, and shall perform, all duties of the Treasurer during
such times when the Treasurer is unavailable or unable to perform same. Any official act of the
Deputy Treasurer taken in the absence of the Treasurer shall be valid and binding to the same
extent as if done by the Treasurer.
(Prior code § 2-34)
2.16.030 Powers and duties generally.
The Treasurer shall receive all money belonging to the City, including all taxes, license fees,
utility billings, fines, and other funds owed to or held by the City, and shall keep an accurate and
detailed account thereof, in such manner as may be provided by law, and shall collect all special
taxes and assessments as provided by law. The Treasurer shall reconcile all accounts with the
Recorder, as the City Council may direct at the end of every month, and turn over all warrants,
interest coupons, bonds or other evidence of the indebtedness of the City which may have been
redeemed during the month, taking the receipts of the Recorder therefor, and all such warrants,
orders or other evidence of indebtedness shall be cancelled by the Treasurer and have written or
stamped thereon the date of their payment or redemption. (Prior code § 2-35)
2.16.040 Collection of special taxes.
The Treasurer is ex-officio collector of special taxes. (Prior code § 2-36)
2.16.050 Receipts to be given.
The Treasurer shall give every person paying money to the City a receipt therefor, specifying the
date of payment and upon what account paid; and he/she shall also file the duplicate of such
receipt with the Recorder at the date of the monthly report. (Prior code § 2-37)
2.16.060 Payments.
The Treasurer shall not pay any funds owned or held by the City to any person unless the
expenditure is duly appropriated and authorized upon action of the City Council, the Purchasing
Agent, or the City Manager as otherwise provided by law. (Prior code § 2-38)
2.16.070 Investment decisions at authorized banking institutions.
A. The Treasurer is authorized to take any and all such actions in the name of and on behalf
of the City in order to utilize investment opportunities available at banking institutions approved
by the Utah Money Management Act. Such actions shall include but not be limited to setting up
sweep accounts, zero balance accounts, automatic transfer of funds accounts and similar deposit
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and investment arrangements, entering into transactions similar to the foregoing, and performing
such actions as may be required in connection with any of the foregoing. From time to time the
Treasurer shall present to the City Council for approval all necessary resolutions for designation
of depository institutions and authorized signatories.
B. Agreements, instruments, or documents properly executed and delivered to any banking
institution approved by the Utah Money Management Act by the city Treasurer shall be binding
and enforceable obligations of the City, enforceable in accordance with their respective terms.
(Res. 05-99, 1999)
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Chapter 2.20 is hereby repealed.
Chapter 2.20
CITY COLLECTOR
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Chapter 2.24
CITY ATTORNEY
2.24.010 Establishment -Appointment -Term.
There is established the office of City Attorney. The person(s) providing legal services to the
City as City Attorney may be independent contractors designated by the City Manager or may be
a full time city employee. Any applicable contracts for legal services are subject to approval by
the City Council. Persons providing legal services to the City shall do so without a specified
term, and services may be terminated as otherwise provided by contract. (Prior code § 2-43)
2.24.020 Oath required.
The City Attorney, before assuming the duties of his office, shall take and subscribe the
constitutional oath of office. (Prior code § 2-44)
2.24.030 Delegation of Tasks.
Where appropriate, the City Attorney may delegate certain tasks to an associate or assistant
attorney, provided that the City Attorney shall retain responsibility for all such tasks. (Prior
code § 2-45)
2.24.040 Employment of special counsel.
The City Attorney shall have the power to employ, by and with the consent of the City Manager,
special counsel on matters pertaining to the legal affairs of the City, if the same is deemed
necessary and advisable. Such special counsel shall be compensated by the City as provided by
contract. (Prior code § 2-46)
2.24.050 Succession -Delivery of records.
Upon the termination of legal services or upon request by the City, the City Attorney shall
promptly deliver to any successor or such person(s) designated by the City copies of all books
and papers pertaining to pending or concluded City legal matters. (Prior code § 2-47)
2.24.060 Powers and duties.
The City Attorney shall be responsible for prosecuting and conducting all cases for violations of
this Code or any other ordinances of the City. The City Attorney shall appear on behalf of the
City in all suits in which the City, City employees or officials are a party, and shall prosecute or
defend them, as the case may be, in any courts until they are concluded. It shall be the duty of
the City Attorney to advise all City employees, the City Manager, the Mayor, and City Council
with respect to their official duties; to prepare the draft of all such ordinances as the City Council
or City Manager from time to time shall instruct; and to perform such other duties as this Code
and any other ordinances of the city and the general laws require, or as the City Council may
specially direct. In addition to the powers and duties imposed by law or ordinance, the City
Attorney shall have the following powers and duties:
A. He/she shall advise the City Council and its committees on such legal questions as may
arise in relation to the business of the City, and attend the meetings of the City Council when
required. He/she shall report periodically on any matter as necessary for the approval of the
City Council or as necessary for oversight.
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B. Whenever a criminal action for the violation of this Code or any other ordinance of the
City is brought in any court, it shall be the duty of the City Attorney to appear and prosecute
such action.
C. When requested, the City Attorney shall furnish written opinions or memoranda upon
subjects submitted to him/her by the Mayor, the City Council, the City Manager, or the head of
any department.
D. He/she shall draft any deeds, leases, contracts or other papers and forms required by the
business of the City, when requested so to do by the Mayor, the City Council, the City Manager,
or the head of any department.
E. He/she shall keep accurate records of all actions in which the City Attorney appears as
counsel. Such books shall at all times be open to the inspection of the Mayor, the City Council,
and/or the City Manager. (Prior code § 2-48)
2.24.070 Reporting
Periodically, or as requested by the Mayor or the City Council, the City Attorney shall provide
oral reports or written memoranda detailing the status of pending legal matters or tasks which
have been assigned. Day to day reporting on pending legal matters shall be provided to the City
Manager. (Prior code § 2-49)
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Chapter 2.32
UTILITIES SUPERINTENDENT
Chapter 2.32 is hereby repealed.
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Chapter 2.36
SUPERINTENDENT OF STREETS
Chapter 2.36 is hereby repealed.
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Chapter 2.40
OFFICERS GENERALLY
Chapter 2.40 is hereby repealed.
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Chapter 2.52
PLANNING COMMISSION
2.52.010 Establishment --Composition.
The Planning Commission shall consist of seven (7) regular members. (Ord. 06-01 (part),
2006: prior code § 2-60)
2.52.020 Appointment of members--Qualifications--Compensation.
The members of the Planning Commission shall be appointed by the mayor with the consent of
the city council from among the qualified electors of the city. Such members shall be selected
without respect to political affiliations, and may serve with compensation to be determined by
the City Council. (Ord. 06-01 (part), 2006: prior code § 2-61)
2.52.030 Terms --Minimum attendance --Standards removal --Filling vacancies.
The terms of office of each member of the planning commission shall be for three (3)
years. Planning Commission members must attend a minimum of seventy-five percent of all
Planning Commission meetings held during the course of a calendar year in order to remain a
member of the Planning Commission. This annual determination of attendance shall be
conducted by planning department staff and forwarded to the chairperson of the Planning
Commission, the City Manager and Mayor and City Council. Vacancies and/or removals
occurring otherwise than through the expiration of terms shall be filled by appointment by the
Mayor with the consent of City Council. Members may be removed, with or without cause,
after public hearing by a majority vote of City Council. (Ord. 95-18, 1995: prior code § 2-62)
2.52.050 Organization --Meetings.
The Planning Commission shall elect from its membership a chair and vice chairand shall
conduct meetings in accordance with the adopted bylaws and Rules of Procedure for Planning
Commission meetings. The City Recorder shall keep a public record of Planning Commission
proceedings. (Prior code § 2-64)
2.52.060 Powers and duties.
The Planning Commission shall have the following powers and duties:
A. After holding public hearings, the Planning Commission may recommend to the City
Council a General Plan for the physical development of the City. The General Plan shall show
the Planning Commission recommendations and may include, among other things, the general
location, character and extent of streets, parks, parkways, and other public places; the general
location and extent of public utilities; recommendations for future zoning designations and land
uses; recommendations for future land use policy initiatives and long term goals; plans for the
development of additional housing; a future land use plan; and other elements as may be required
by law. Utah State Code. The Planning Commission may from time to time review the General
Plan and forward recommendations to the City Council for amendments or revisions.
B. From time to time the Planning Commission may review the land -use ordinances of the City
and consider amendments to same. It may recommend amendments or new ordinances to the
City Council, either on its own initiative or upon referral by the City Council or staff.
C. The Planning Commission shall act as an advisory body, reviewing and making
recommendations to the City Council with respect to those land -use applications or proceedings
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as otherwise specified by ordinance. Additionally, the Planning Commission shall act as the land
use authority on those matters specified by ordinance
D. In its discretion, the Planning Commission may recommend that staff undertake studies
or may recommend to the Mayor and City council programs or policies for the improvement of
land development within the City.
E. The Planning Commission may exercise those additional powers as are reasonable or
necessary to carry out and perform the enumerated powers and duties specified above.
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Chapter 2.56
POLICE DEPARTMENT
2.56.010 Establishment -Composition.
There is established a regularly constituted police force to be known as the City Police
Department which shall consist of a Chief of Police and such other police officers as shall be
employed by the City from time to time. (Prior code § 20-1)
2.56.020 Powers and duties of police officers.
The Chief of Police and all police officers of the city shall have the following powers and duties:
A. To suppress riots, disturbances and breaches of the peace, and to apprehend all persons
committing any offense against the laws of the state, this Code, or any other ordinances of the
city;
B. To execute and serve all warrants, processes, commitments and all writs whatsoever,
issued by any court;
C. To preserve the public peace, prevent crime, detect and arrest offenders, protect persons
and property, remove nuisances existing in the public streets, roads and highways, enforce every
law relating to the suppression of offenses, render such assistance in the collection of licenses as
shall be required by the license collector and perform all duties enjoined upon them by law and
ordinance. (Prior code § 20-2)
D. To arrest and take into custody any person who shall commit or threaten or attempt to
commit in the presence of the officer, or within the view of the officer, any breach of the peace,
or any offense directly prohibited by the laws of the State of Utah or this Code.
2.56.030 Chief -Appointment.
The City Manager shall appoint the Chief of Police. (Prior code § 20-3)
2.56.035 Appointment of deputies and assistants.
The Police Chief shall have power to appoint a properly qualified employee who shall be
designated the Assistant Chief. The Assistant Chief is authorized to perform, and shall perform,
all duties of the Chief during such times when the Chief is unavailable or unable to perform
same. Any official act of the Assistant Chief taken in the absence of the Chief shall be valid and
binding to the same extent as if done by the Chief.
2.56.040 Chief -Oath required.
The Chief of Police shall before assuming the duties of office take and subscribe the
constitutional oath of office. (Prior code § 20-4)
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Chapter 2.61
STATUTORY APPOINTEE SEVERANCE BENEFITS APPEALS
Chapter 2.61 is hereby repealed.
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Chapter 2.64
RECORDS ACCESS AND MANAGEMENT PROGRAM
Section 2.64.060 is amended as follows:
2.64.060 Fees.
A. The City may charge reasonable fees to cover the City's actual cost of compiling a record
or duplicating a record. The fees shall be established by resolution of the City Council. The
initial fees, until changed by resolution, are as set forth in "Exhibit A" attached to the ordinance
codified in this Chapter and found on file in the office of the City Recorder.
B. When the City compiles a record in a form other than that normally maintained by the
City, the actual costs under this section may include the following:
1. the cost of staff time for compiling, formatting, manipulating, packaging, mailing,
summarizing, copying, scanning, printing, or tailoring the record into certain formats or
media to meet the person's request;
2. the cost of staff time to search for, locate, and retrieve the record, and other direct
administrative costs for complying with a request;
3. in the case of fees for a record that is the result of computer output other than word
processing, the actual incremental cost of providing the electronic services and products
together with a reasonable portion of the costs associated with formatting or interfacing the
information for particular users, and the administrative costs as set forth in Subsections B.1.
and B.2.; and
4. fees for paper photocopies of records or digital copies of records, fees for packaging
supplies, and postage fees for mailing records.
C. An hourly charge under Subsection B. may not exceed the fully loaded cost of
employment of the lowest paid employee who, in the discretion of the custodian of records, has
the necessary skill and training to perform the request.
D. The City may fulfill a record request without charge when it determines that:
l . Releasing the record primarily benefits the public rather than a person;
2. The individual requesting the record is the subject of the record;
3. The requester's legal rights are directly implicated by the information in the record, and
the requester is impecunious; or
4. The individual has requested in writing a waiver of the fees due to indigency, and the
requester has been granted such waiver by the City Recorder.
E. The City may not charge a fee for:
1. Reviewing a record to determine whether it is subject to disclosure, except as permitted
by Subsection B.; or
2. Inspecting a record: or
3.Classification of a record.
F. A person who believes that there has been an unreasonable denial of a fee waiver under
Subsection D. may appeal the denial to the City Manager as the Chief Administrative Officer of
the City. The appeal must be made in writing and within 10 days of the denial of the fee waiver.
G. The adjudicative body hearing the appeal:
1. shall review the fee waiver de novo, but shall review and consider the city's denial of the
fee waiver and any determination under Subsection D.; and
2. has the same authority when a fee waiver or reduction is denied as it has when the
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inspection of a public record is denied.
H. All fees received under this section by the city shall be retained by the city as a dedicated
credit. Those funds shall be spent on the actual costs and expenses incurred by the city in
providing the requested records.
I. The City may require payment of past fees and future estimated fees before beginning to
process a request if:
1. fees are expected to exceed $50; or
2. the requester has not paid fees from previous requests.
Any prepaid amount in excess of fees due shall be returned to the requester.
J. This section does not alter, repeal, or reduce fees established by other sections of this
municipal code.
Exhibit "A" to section 2.64.060 shall be amended to read as follows:
1. Record location, retrieval, research and compilation fee
Furthermore, Items 2., 3., 4., 5., 6., and 7., which now read:
"Photocopying fee for " shall all be amended to read: "Fee for photocopies for
ff
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Chapter 2.68
MOAB YOUTH CENTER BOARD
Chapter 2.68 is hereby repealed.
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Chapter 2.72
HOLLYWOOD STUNTMEN'S HALL OF FAME BOARD
Chapter 2.72 is hereby repealed.
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Page 30 of 265
Chapter 2.84
MOAB ARTS AND RECREATION CENTER ADVISORY BOARD
Chapter 2.84 is hereby repealed.
25
Page 31 of 265
Chapter 2.88
MOAB HILLSIDE REVIEW ADVISORY BOARD
Chapter 2.88 is hereby repealed.
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Page 32 of 265
The foregoing ordinance was passed and adopted upon the majority vote of the City Council of
the City of Moab, and the affirmative vote of the Mayor of the City of Moab this day of
, 2018.
This ordinance shall take effect immediately following passage.
By:
Mayor Emily S. Niehaus Date
Attest:
By:
Rachel Stenta, Recorder Date
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Page 33 of 265
i
CITY OF MOAB ORDINANCE NO. 2018- -04
An ordinance amending and repealing certain provisions in Title 2 of the Moab Municipal
Code pertaining to elected officers, appointment of officials, the Planning Commission,
certain advisory boards, and records request fees.
The following describe the intent and purpose of this ordinance:
a. The City of Moab is a City of the Fifth Class, as defined by U.C.A. § 10-2-301.;
b. From time to time the City undertakes to revise its ordinances to remove archaic or
outdated language, and to bring ordinances into compliance with current City needs and
practices;
c. The City finds that several provisions in Title 2 of the Moab Municipal Code ("MMC")
are dated and in need of repeal or substantial amendment in light of current practices and because
certain administrative or other bodies are no longer in existence or needed;
d. Utah Code Annotated § 10-9a-301 requires that a municipality adopt planning
commission rules of procedure and order to govern public meetings. The City of Moab has
additionally enacted ordinances which create the Planning Commission and specify the matters
that are within its jurisdiction;
e. That in the interest of efficient municipal administration a number of changes are needed
to update the MMC, including:
1. Transfer appointment and removal power for certain department heads from the
Mayor to the City Manager;
2. Remove outdated provisions regarding superintendents and at -will appointees;
3. Remove sections regarding advisory boards that no longer apply;
4. Update language related to records request fees to conform with the Utah Code
Annotated and add specificity and detail, including in Exhibit "A" of the GRAMA
fees section; and
5. Update the section governing the Planning and Zoning Commission
f. The changes enacted in this ordinance comply with applicable Utah laws pertaining to the
alteration or consolidation of statutory functions, and specifically U.C.A. 10-3b-303(1)(b).
Now therefore, the Moab Municipal Code is amended as follows:
Page 34 of 265
i
Chapter 2.04
CITY COUNCIL
2.04.010 Oath required.
Each member of the Ceity Ceouncil, before assuming the duties of his office, shall take and
subscribe the constitutional oath of office and shall furnish to the eit befi 1 *he Sli
hundred dollars. (Prior code § 2 7)
2.04.015 Role of the City Council.
The City operates under the form of government as identified under U.C.A. § 10-3b-301. The
City Council shall review and approve all resolutions and ordinances; appropriate funds and
adopt the annual budget and any amendments; set all mill levies or other taxes; review municipal
administration as set out herein; and perform all other duties that may be required of it by law.
From within the membership of the City Council the Council shall designate a person to serve as
the Mayor Pro Tempore. The Mayor Pro Tempore shall carry out all duties and responsibilities
of the Mayor when the Mayor is absent or unable to perform same. Any executive or
administrative power held previously by the City Council is now delegated to the City Manager..
2.04.020 Meetings --Time and place.
A. The stated meetings of the Ceity Ceouncil shall be held at a place designated by the Ceity
Ceouncil on the second and fourth Tuesday of each month, provided that when any meeting
occurs on a general holiday, the meeting shall be held on the next succeeding day. The Council
may hold other or special meetings at such times it determines to be convenient.
B. All meetings may be adjourned from time to time as business may require. The hour of
the regular meetings shall be seven p.m.
C. All regular Ceity Ceouncil meetings shall -may be preceded by a pre -meeting workshop for
the purpose of allowing the council to receive staff reports and recommendations on regular
meeting agenda items. The workshop shall commence one-half hour before the meeting, or
such longer period of time as the council shall by notice designate.
D. All pre -meeting workshops shall be open to the public, but shall not be regarded as "public
hearings" for the purposes of allowing testimony or comment from the public.
E. Pre -meeting workshops shall be conducted in an informal manner in the discretion of the
governing body. Final action on any ordinance, resolution, or agenda item reviewed at a pre -
meeting workshop shall be reserved for the regular meeting._ Nothing in this section shall be
construed to prohibit the governing body from providing at pre meeting workshops direction or
informal input to staff on purely administrative or operational matters. (Ord. 98-04 § 1(part),
1998; Ord. 96-08, 1996: prior code § 2-8)
number may adjourn from time to time and may, when necessary, compel the attendance of
absent members and direct the chief of police to enforce the attendance of such members. (Prior
code § 2 9)
2.04.035 Meetings Penalty for absence.
A. An administrative penalty of one hundred dollars shall be deducted from the salary of any
elected official who misses any officially called regular or special meeting of the governing
Page 35 of 265
body, except when the elected official has contacted the mayor's office in advance of the
meeting to apprise the mayor and governing body that he or she will not be in attendance, and
the elected official has sufficient reason, as determined by the governing body, for each absence
from the regular or special meeting.
B. The determination as to whether or not the reason for the absence is sufficient shall be
determined by the governing body at the meeting from which the elected official is absent.
C. No elected official shall be penalized for failing to attend a pre council workshop, as
provided under Section 2.04.020(C). All city elected officials are encouraged to attend every
much meeting. (Ord. 98 04 § 1 (part), 1998; Res. 15 91 §§ 1, 2, 1991)
2.04.040 Meetings -Procedure generally.
The Ceity Ceouncil shall sit with open unlocked doors and shall keep a journal of its own
proceedings. The votes for or against yeas and nays shall be taken upon the passage of all
ordinances, all propositions to create any liability against the Ceity, and in all other cases at the
request of any member, which shall be entered upon the journal of its proceedings. Unless
otherwise provided for by law, the concurrence of a majority of the Councilmembers at a
meeting where quorum is presentclectcd as city councilmen, shall be necessary for the passage
of any such ordinance or proposition. (Prior code § 2-10)
2.04.050 Meetings -Reconsideration of votes.
No vote of the Ceity Ceouncil shall be reconsidered or rescinded at a special meeting, unless at
such special meeting there are present as large a number of Ceity Ceouncilmembersn as were
present when such vote was taken. (Prior code § 2-11)
2.04.060 Meetings -Deferral of action on reports.
Upon request of any two members of the City Council, action on aAny report of a committee of
the Ceity Ceouncil shall be deferred for final action thereon to the next a future regular meeting
of the Ceity Ceouncil after the report is made_, by request of any two members of the city
council. (Prior code § 2-12)
2.04.070 Meetings -Special meetings.
The Mmayor or any two members of the Ceity Ceouncil may call a special meeting of the Ceity
Ceouncil by giving a notice thereof to each of the members of the Ceity Ceouncil, served
personally or left at theirhis usual place of abode. (Prior code § 2-13)
2.04.080 Vacancies.
If any vacancy shall occur in the office of Ceity Ceouncilmemberafi by death, resignation,
removal or otherwise, such vacancy shall be filled for the unexpired term by appointment of the
Ceity Ceouncil. Should the Ceity Ceouncil fail for thirty days to fill the vacancy in the Ceity
Ceouncil, the Ceity Rrecorder shall sit as a member of the Ceity Ceouncil for the purpose of
choosing some person to fill such vacancy. (Prior code § 2-14)
2.04.090 Reinvestment Angency Auuthority.
Pursuant to Section 17C-1-102, et seq. of the Utah Code Annotated, as amended, the Community
Reinvestment Agency Act, a community reinvestment t agency of the City is hereby created, and
Page 36 of 265
the City Council is designated as the governing body. The Council shall have the power to
transact business and exercise all of the powers of such agency as otherwise provided by law.
Pursuant to Section 11 19 3, Utah Code Annotated, 1953 as amended, the redevelopment agency
of the city is hereby created and that the city council is designated as the redevelopment agency
of the city and shall have the power to transact the business and exercise all of the powers
provided for in the "Utah Neighborhood Development Act," Section 11 9 1, et seq., Utah Code
Annotated, 1953 as amended. (Ord. 88 06, 1988)
Page 37 of 265
Chapter 2.08
MAYOR
2.08.010 Oath required.
The mMayor, before assuming the duties of his the office, shall take and subscribe the
constitutional oath of office_ and shall furnish to the city a bond in the sum of five hundred
dollars. (Prior code § 2-16)
2.08.015 Role of the Mayor.
The Mayor is the chief ceremonial officer of the City and the presiding officer at all meetings of
the City Council. The Mayor is a non -voting member of the Council, but may vote where there
is a tie vote of the other Council members, or as otherwise provided by law. The Mayor, as a
member of the Council, may participate in all actions of the Council in setting policy for the
City. The Mayor shall retain any legislative or quasi-judicial powers vested by law. The
Mayor shall appoint, with the advice and consent of the Council, persons to fill any vacancies on
commissions, boards, or committees of the City. Any other executive or administrative power
held previously by the Mayor under prior law is delegated to the City Manager.(Ord. 93-9 § 6,
1993)
2.08.020 Office to be vacant upon removal from city.
If at any time during his/her term of office, the mMayor shall no longer make his/her primary
residence within the City, remove from the city, histhe office shall thereby become vacant.
(Prior code § 2-17)
2.08.030 Vacancy -Filling.
Whenever a vacancy shall occur in the office of mMayor, the eCity eCouncil shall elect a
mMayor, who shall possess all the rights and powers of mMayor until the next municipal
election, and until his/her successor is elected and qualified. (Prior code § 2-18)
2.04. 140 D, wer—to—seetwe-assist ne Len v"rcement,
The mayor shall have power, when necessary, to call every male inhabitant of the city over the
age of twenty one years to aid in enforcing the laws or ordinances of the city in suppressing riots
and other disorderly conduct or in carrying into effect any law or ordinance of the city. (Prior
code § 2 26)
Page 38 of 265
Chapter 2.10
CITY MANAGER
2.10.010 Office created.
As authorized by U.C.A. § 10-3b-303 Tthere is created the office of eCity mManager of Moab,
Utah. (Ord. 93-9 § 1, 1993)
2.10.020 Appointment.
Pursuant to the authority outlined in Section 10 3 924 of the Utah Code Annotated, 1953,
Appointment of Manager. The appointment of a person to be known as eCity mManager shall
be by the governing body City Council. Once approved by the eCity eCouncil, the mMayor
shall sign the contract entered into with the eCity Mmanager on behalf of the eCity. (Ord. 93-9
§ 2, 1993)
2.10.030 Term.
Pursuant to the authority outlined in Section 10 3 925 of the Utah Code Annotated, 1953, Term
of Office. The City mManager shall serve at the pleasure of the governing bodyCity Council,
except that the Council shall the governing body may employ the mManager for a term not to
exceed three (3) years. The term of employment may be renewed at any time. Any person
serving as City Mmanager of the municipality under this section may be removed with or
without cause by a majority vote of the governing bodyCity Council. (Ord. 93-9 § 3, 1993)
2.10.040 Powers and duties.
Pursuant to the authority outlined in Sections 10 3 926, 10 3 927 of the Utah Code Annotated,
1953, tThe powers, duties, and obligations of the eCity mManager are as follows:
A. The administrative powers, authority, and duties are vested in the eCity mManager.
B. The eCity mManager shall be the chief administrative officer of the city and shall be
responsible to the City Council g,,..o,... ing b a., for the administration of all city affairs placed in
his or her charge. All eCity employees, contractors, or appointees (excluding persons appointed
to City boards or commissions) including the police chief and other department heads/statutory
appointments) shall be under the supervision and direction of the eCity mManager.
C. Subject to the terms of applicable contracts or personnel policies, Tthe eCity mManager
shall hire and, when he/she deems it necessary, suspend or remove all eCity employees and
;contractors. except the following department heads shall be appointed or removed by the mayor
with the advice and consent of the city council: recorder, treasurer, director of public works,
police chief and city attorney. He The City Manager has discretion to delegate personnel
authority to any may authorize any subordinate employee or department head with respect to
employees under that person's direct supervision. administrative officer who is subject to this
direction and supervision to exercise these powers with respect to subordinates in that officer's
department, office or agency.
D. The eCity mManager shall direct and supervise the administration of all departments,
offices and agencies of the eCity, except as otherwise provided by law.
E. Except for the purpose of inquiry, the City eCouncil and its members shall deal with the
administrative service solely through the eCity mManager and neither the eCouncil, nor any
member thereof, or the Mmayor shall give orders to any subordinates of the eCity mManager,
either publicly or privately.
Page 39 of 265
F. The eCity mManager shall attend meetings of the eCity eCouncil with the right to take part
in the discussion but not to vote_; The City Manager may recommend to the eCity eCouncil for
adoption efsuch measures as she/hale-may deemed necessary or cxpedicnt.prudent.
G. The eCity manager is designated as the budget officer for the eCity and shall perform or
cause to be performed all of the duties of such office as set forth in the Uniform Municipal Fiscal
Procedures Act. -As budget officer, the City Manager Ite-shall prepare and submit the annual
budget to the City CCouncil, along with fild any proposed amendments to the budget.
H. The eCity mManager shall promptly notify the mMayor and eCity eCouncil of any
emergency existing in any City department or bod .
I. The eCity mManager shall perform such other duties as may be required of him by law, or
the Moab Municipal Code or by the eCity eCouncil through ordinance, or -resolution, or informal
direction.
J. In the manager's temporary absence, the e&y-fRecorder shall exercise the powers and
perform the duties of the City Mmanager.
K. The eCity mManager shall carry out the policies and programs established by the
eCouncil.
L. The eCity manager may examine and inspect the books, records, and official papers of any
office, department, agency, board, or commissions of the city and make investigations and
require reports from all personnel. (Ord. 94-16, 1994; Ord. 93-9 § 4, 1993)
The City operates under the form of government as identified under U.C.A. § 10 3b 301. The
cCity eCouncil shall_ pass all resolutions, and ordinances,i appropriate funds and adopt the
annual budget and any amendmentsL, set all mill levies or other taxes„ review municipal
administration as set out herein,;.and perform all other duties that may be required of it by law.
From within the membership of the City Council the Council shall designate a person to serve as
the Mayor Pro Tempore. The Mayor Pro Tempore shall carry out all duties and responsibilities
of the Mayor when the Mayor is absent or unable to perform same. Any executive or
administrative power held previously by the cCity eCouncil is now delegated to the cCity
mManager, pursuant to the applicable provisions of state law. (Ord. 93-9 § 5, 1993)
Pursuant to the authority outlined in Sections 10 3 809 (10) and 10 3 927 of the Utah Code
Annotated, 1953, Legislative powers and official position of the mayor not delegated. TThe
mMayor shall be is the chief ceremonial officer of the cCity and the presiding officer at all
meetings of the City Council. The Mayor is a non voting member of the Council, but ma e
where there is a tie vote of the other Council members, or as otherwise provided by law. The
Mayor, as a member of the Council, may participate in all actions of the Council in setting policy
for the City. He shall serve as chairman of the governing body. He The Mayor shall retain
any legislative andor q ' judicial powers vested by law. He The Mayor shall appoint, with the
advice and consent of the eCouncil, department heads (statutory appointments) and persons to
fill any vacancies on commissions, boards, or committees of the municipalityCity. Any other
executive or administrative power held previously by the mMayor under prior law is now
delegated to the cCity mManager_ pursuant to the applicable provisions of state law. (Ord. 93 9
§ 6, 1993)
Page 40 of 265
2.10.070 Salary.
The salary of the eCity mManager shall be set from time to time by resolution of the eCity
eCouncil. (Ord. 93-9 § 7, 1993)
Page 41 of 265
Chapter 2.12
DUTIES OF CITY RECORDER
2.12.010 Oath required.
The eCity rRecorder, before assuming the duties of his the office, shall take and subscribe the
constitutional oath_, and shall furnish to the city a bond in such sum not less than five hundred
dollars, as may be fixed by resolution or ordinance, which bond shall be fixed during the month
of October preceding each election of city officers. (Prior code § 2 27)
2.12.020 Duties.
Pursuant to U.C.A. § 10-3-916 the Recorder is appointed by the Mayor, with the advice and
consent of the City Council. The eit3y-FRecorder shall do and per —form all sueh-duties as may by
law devolve upon him/her as recorder of a city of the fifths class under the laws of the sState_
of Utah. The Recorder He shall keep records a book properly indexed of all in which he shall
enter all City contracts, and the records which book shall be open to inspection byef all
interested persons. Unlesstil otherwise provided by ordinance, the Recorder shall be ex-officio
city collector. HThe Recorder shall perform such other and further duties as the eCity eCouncil
may by ordinance provide. Within the office of the Recorder a properly qualified employee
may be appointed by the Recorder as the Deputy Recorder. The Deputy Recorder is authorized
to perform, and shall perform, all duties of the Recorder during such times when the Recorder is
unavailable or unable to perform same. Any official act of the Deputy Recorder taken in the
absence of the Recorder shall be valid and binding to the same extent as if done by the Recorder.
TThe eity-fRecorder, in addition to the powers and duties imposed upon him by law and
ordinance, shall perform the following duties:
A. He/she shall issue notices to the members of the eCity eCouncil, when directed se -to do so
by that body, and to members of the different committees and to all persons whose attendance is
required before any committee, when directed or requested so to do by the chairman of such
committee. The Recorder He -shall also issue notices of special meetings of the eCity eCouncil.
B. He/she shall attest all licenses granted under this code or any other ordinance of the eCity,
and le -shall keep a record of the issuance thereof.
C. He/she shall, without delay, deliver to the officers of the eCity, and all committees of the
eCity eCouncil, all resolutions and communications referred to such officers or committees by
that body.
D. He/she shall, without delay, deliver to the mMayor all ordinances or resolutions in his
charge, which may be required to be approved or otherwise acted upon by the mMayor, together
with all papers on which the same are founded.
E. He/she shall sign and attest all ordinances passed by the eCity eCouncil that are signed by
the mMayor or other officer.
F. He/she shall certify to the publication of all ordinances, er-resolutions, or other official
documents in the record books thereof.
G. He/she shall attest all papers signed by the mMayor officially, and keep and affix the
corporate seal.
H. He/she shall keep correct records and minutes of all proceedings of the eCity eCouncil,
recording the same to the extent otherwise provided by law., in order of date, in a book kept for
that purpose.
Page 42 of 265
I. He/she shall countersign all contracts made iron behalf of the eCity, and every contract
made ion behalf of the eCity, or to which the eCity is a party, shall be void unless signed by the
rRecorder. HeThe Recorder shall endorse a certificate upon every bond, warrant or other
evidence of debt issued pursuant to law, by the Cityhim, stating -that the same is within the
lawful debt limit of the eCity, and is issued according to law. He shall sign such certificate in
his official character.
J. He/she- shall pay into the eCity treasury all money belonging to the eCity coming into the
Recorder's office.his hands by virtue of his office.
K. He/she shall deliver to hiAhe -successor in office the corporate seal, together with all
books, papers, records and other property in his possession belonging toof the eCity.
L. He/she shall have the power to administer oaths on all claims presented against the city
and in all matters in any way connected with the eCity government.
M. He shall report to the city council all acceptances of ordinances and bonds connected
MN. He/she shall attend to all official correspondence and report the same to the eCity
eCouncil as needed. (Prior code § 2-30)
2.12.030 Records of ordinances to be kept.
A. The eity-fRecorder shall keep records of all ordinances in a book kept for that purpose,
together with affidavits of publication by the publisher_, or his agent, or, if posted, with
certificates of the due posting thereof; all ordinances b Before taking effect, all ordinances shall
be deposited in the office of the eity-fRecorder.
B. The originals of all ordinances passed by the Ceity Ceouncil shall be filed in the
rRecorder's office. (Prior code § 2-31)
2.12.040 Papers, records, transcripts -Copies.
Upon request and upon the payment of such fees set by the eCity eCouncil the eify-fRecorder
shall make, affix the corporate seal thereto and certify copies of all papers filed in the Recorder's
his office and transcripts of all records of which the Recorder is the lawful custodian. (Prior
code § 2-32)
Page 43 of 265
Chapter 2.16
CITY TREASURER
2.16.010 Oath required.
The eit-ftTreasurer, before entering upon the duties of his office, shall take and subscribe the
constitutional oath of office_, and shall furnish to the city a bond in such sum as shall be fixed by
resolution or ordinance of the city council. (Prior code § 2-33)
2.16.020 Appointment of deputies and assistants.
Pursuant to U.C.A. § 10-3-916 the Treasurer is appointed by the Mayor, with the advice and
consent of the City Council. The eit-ytTreasurer shall have power to appoint from within the
office of the Treasurer a properly qualified employee, during the time for which he is elected,
subject to the confirmation of the city council, such deputies and assistants as the council may
determine to be necessary, _who shall be designated the Deputy Treasurer. The Deputy
Treasurer is authorized to perform, and shall perform, all duties of the Treasurer during such
times when the Treasurer is unavailable or unable to perform same. Any official act of the
Deputy Treasurer taken in the absence of the Treasurer shall be valid and binding to the same
extent as if done by the Treasurer.
be assigned to such duties and for such periods, and shall perform such services as may be
deemed necessary. (Prior code § 2-34)
2.16.030 Powers and duties generally.
The ei--tTreasurer shall receive all money belonging to the eCity, including all taxes, license_
fees, utility billings, s and fines, and other funds owed to or held by the City, and shall keep an
accurate and detailed account thereof, in such manner as may be provided by law, or ordinance,
and shall collect all special taxes and assessments as provided by law, and ordinance. He The
Treasurer shall reconcile all accounts make a settlement with the eit-y-fRecorder, as the eCity
eCouncil may direct at the end of every month, and turn over all warrants, interest coupons,
bonds or other evidence of the indebtedness of the eCity which may have been redeemed_ by
him during the month, taking the receipts of the eity-fRecorder therefor, and all such warrants,
orders or other evidence of indebtedness shall be cancelled by the Treasurerhim and have written
or stamped thereon the date of their payment or redemption. (Prior code § 2-35)
2.16.040 Collection of special taxes.
The eit-ftTreasurer is ex-officio collector of special taxes. (Prior code § 2-36)
2.16.050 Receipts to be given.
The eitt4Treasurer shall give every person paying money to the city treasurer City a receipt
therefor, specifying the date of payment and upon what account paid; and he/she shall also file
the duplicate of such receipt with the city rRecorder at the date of histhe monthly report. (Prior
code § 2-37)
2.16.060 Payments.
The eitt4Treasurer shall not pay any funds owned or held by the City to any person unless the
expenditure is duly appropriated and authorized upon action of the City Council, the Purchasing
Agent, or the City Manager as otherwise provided by law. no money out save upon lawful
Page 44 of 265
> >
in case the same are payable at some other place, then the money for their redemption shall be
sent to the place where they are payable in time to meet such payment when due. All warrants
the back of each warrant presented to him the date of such presentation and, when payment is
made, the date of such payment; provided, that any warrant shall be paid by the city treasurer in
case a sufficient amount of money shall remain in the treasury to pay all warrants issued previous
to such warrant. (Prior code § 2-38)
2.16.070 Investment decisions at authorized banking institutions.
A. The at city tTreasurer is authorized to take any and all such actions in the name of and on
behalf of the eCity in order to utilize investment opportunities available at banking institutions
approved by the Utah Money Management Act. Such actions shall include but not be limited to
setting up sweep accounts, zero balance accounts, automatic transfer of funds accounts and
similar deposit and investment arrangements, entering into transactions similar to the foregoing,
and performing such actions as may be required in connection with any of the foregoing. From
time to time the Treasurer shall present to the City Council for approval all necessary resolutions
for designation of depository institutions and authorized signatories.
B. That aAgreements, instrumentsz or documents properly executed and delivered to any
banking institution approved by the Utah Money Management Act by the city tTreasurer shall be
binding and enforceable obligations of Moabthe City, enforceable in accordance with their
respective terms. (Res. 05-99, 1999)
Page 45 of 265
Chapter 2.20
CITY COLLECTOR
Chapter 2.20 is hereby repealed.
The city collector shall furnish and file with the city recorder and the city treasurer a monthly
statement of all money received by him and from whom and on what account it shall have been
received. It shall be the duty of the city collector, under and subject to the direction and
supervision of the city recorder, to keep books and accounts which shall show all receipts and
money received by him, and other matters pertaining to his office; such books and accounts shall
Fees for inspection, fees for permits, compensation for franchises and all other payments of
money shall be paid directly to the city collector, and such payments shall be transmitted
promptly by the city collector to the city treasurer; provided, that where the public convenience
requires it, the city council may authorize the payment of license fees and fees for permits to be
made to the officer authorized to issue such license or permit, and that collections for water rates
shall be paid directl
Page 46 of 265
Chapter 2.24
CITY ATTORNEY
2.24.010 Establishment -Appointment -Term.
There is established the office of eCity aAttorney. The person(s) providing legal services to the
City as City Attorney sliallmay be independent contractors designated by the City Manager or
may be a full time city employee., and Aany applicable contracts for legal services are subject to
approval by the City Council. He shall be appointed by the mayor by and with advice and
consent of the city council. He shall hold office during the term of the appointing power, or
until his resignation or removal for cause. Persons providing legal services to the City shall do
so without a specified term, and services may be terminated as otherwise provided by
contract.(Prior code § 2-43)
2.24.020 Oath required.
The eCity aAttorney, before assuming the duties of his office, shall take and subscribe the
constitutional oath of office_ and shall furnish to the city a bond in the sum of five hundred
dollars. (Prior code § 2-44)
2.24.030 .Delegation of Tasks.
The city attorney may appoint a deputy or an assistant who shall be confirmed by the city
council, to act in his absence, in case of disability or inability, for whose acts he shall be
responsibleWhere appropriate, the City Attorney may delegate certain tasks to an associate or
assistant attorney, provided that the City Attorney shall retain responsibility for all such tasks.
(Prior code § 2-45)
2.24.040 Employment of special counsel.
The eCity aAttorney shall have the power to employ, by and with the consent of the eit4fr
councilCity Manager, special counsel on matters pertaining to the legal affairs of the eCity, if the
same is deemed necessary and advisable. Such special counsel shall be compensated by the
eCity as provided by contract. (Prior code § 2-46)
2.24.050 Succession -Delivery of records.
Upon the termination of legal services or upon request by the City, expiration of his term of
office, or his resignation or removal therefrom, the Ceity aAttorney shall promptly forthwith on
demand deliver to any his successor or such person(s) designated by the City copies of in office
all books and papers pertaining to pending or concluded City legal matters. in his possession
belonging to the city or delivered to him by any of its officers and all papers and information in
his possession in actions prosecuted or defended by him then pending and undetermined,
together with his register thereof and of the proceedings therein. (Prior code § 2-47)
2.24.060 Powers and duties.
The eCity aAttorney shall be responsible for prosecutinge he -gin -and conducting all cases for
violations of this eCode or any other ordinances of the eCity. The City Attorney I4e-shall
appear on behalf of the eCity in all suits at law or in equity in which the Ceity, City employees or
officials4s are a party, and shall prosecute or defend them, as the case may be, in any courts until
they are finally disposed ofconcluded. It shall be his the duty of the City Attorney to advise all
Page 47 of 265
eCity employees, the City Manager, the Mayor, and City Council officers with respect to in -
relation to their official duties; to prepare the draft of all such ordinances as the Ceity eCouncil
or City Manager from time to time shall instructs him to do and to perform such other duties as
this eCode and any other ordinances of the city and the general laws require, or as the eCity
eCouncil may specially direct.
In addition to the powers and duties imposed upon him by law and or ordinance, the eCity
aAttorney shall have the following powers and duties:
A. He/she shall advise the eCity eCouncil and its committees on such legal questions as may
arise in relation to the business of the eCity, and attend the meetings of the eCity eCouncil when
required. He/she -shall report periodically on monthly any mmatter in his hands as necessary
for the approval of the Ceity eCouncil or as necessary for its informationoversight.
B. Whenever a criminal action for the violation of this eCode or any other ordinance of the
eCity is appealed to brought in any the district court, it shall be the duty of the eCity aAttorney to
appear and prosecute such action_ in the district court.
C. When requested,uired so to do, he the City Attorney shall furnish written opinions or
memoranda upon subjects submitted to him/her by the Mmayor, the eCity eCouncil, the City
Manager, or the head of any department.
D. He/she shall draw draft any deeds, leases, contracts or other papers and forms required by
the business of the eCity, when requested so to do by the mMayor, the eCity eCouncil, the City
Manager, or the head of any department.
E. He/she shall keep accurate records of all actions in which the City Attorney appears as
counsel. in proper books to be provided for that purpose a register of all action in court
prosecuted or defended by his office, to which the city may be a party, and shall keep an accurate
record of all proceedings had therein. Such books shall at all times be open to the inspection of
the mMayor, the or any member or committee of the cCity eCouncil, and/or the City Manager.
(Prior code § 2-48)
2.24.070 Reporting
The city attorney shall upon request of the city council annually on or before the first day of
December in each year report in writing to the city council the transactions of his office during
the preceding year, together with a statement of all actions pending in court prosecuted or
defended by his office to which the city is a party; and such report shall contain the names of all
defendants and complainants, the nature of the action, the date of the commencement thereof and
the status of each suit and shall be accompanied with such information as he may see fit to
append. He shall also attach to such report a list of all cases that have been disposed of during
his term of office which were not reported as disposed of in his last previous report, stating the
manner of the disposition of each of such cases, and shall prepare and submit to the city council
on or before the thirty first day of December in each year an estimate of the whole cost and
expense of providing for and maintaining his office during the current fiscal year; which estimate
shall be in detail and shall be laid by the city attorney before the city council with his annual
estimate. Periodically, or as requested by the Mayor or the City Council, the City Attorney shall
provide oral reports or written memoranda detailing the status of pending legal matters or tasks
which have been assigned. Day to day reporting on pending legal matters shall be provided to
the City Manager. (Prior code § 2-49)
Page 48 of 265
1
Chapter 2.32
UTILITIES SUPERINTENDENT
Chapter 2.32 is hereby repealed.
2.32.010 Office established.
There is established the office of utilities superintendent. (Prior code § 2 57)
2.32.020 Functions.
The utilities superintendent shall have superintendency over and general care of the sewerage
disposal plant and outfall line; all city streets, sidewalks and alleys; storm sewers and drains;
bridges and culverts; and parks and other public improvements and buildings pertaining to the
city. (Prior code § 2 58)
2.32.030 Powers and duties.
The utilities superintendent shall have the following powers and duties:
A. To superintend construction and repair of and be responsible for all streets, alleys, storm
improvements;
B. To receive and investigate all complaints as to the condition of the above and make
satisfactory disposition thereof, and have charge of the enforcement of all laws and ordinances
pertaining thereto;
C. To perform such other services as are from time to time required of him by order of the
city council, by ordinance or resolution or by general laws of the state;
D. To work under the general and routine direction of the mayor or duly appointed
administrative officer. (Prior code § 2 59)
Page 49 of 265
Chapter 2.36
SUPERINTENDENT OF STREETS
Chapter 2.36 is hereby repealed.
There is established the office of superintendent of streets. He shall be appointed by the mayor
by and with the advice and consent of the city council. (Prior code § 21 1)
Page 50 of 265
Chapter 2.40
OFFICERS GENERALLY
Chapter 2.40 is hereby repealed.
A. All officers of the city, whether elected or appointed, before they enter upon the duties of
their respective offices, shall take and subscribe the constitutional oath of office; and every such
officer, before entering upon the duties of his office, shall execute a bond with good and
sums as are specifically fixed and provided in this code or any other resolution or ordinance of
the city council, conditioned for the faithful performance of the duties of his office and the
payment of all money received by such officer according to law, this code and any other
ordinances of the city.
B. The premium charged by the corporate surety for any bond required as above shall be a
legal charge against the funds of the city.
C. All bonds given by the officers of the city shall be filed with the city recorder, except the
bond of the city recorder, which shall be filed with the city treasurer. (Prior code § 2 2)
If any vacancy shall occur in any appointive office provided by law or ordinance the mayor, by
2.40.030 Neglect of duty.
Any member of the city council or any other officer of the city who refuses or neglects to
perform any duty imposed upon him, without just cause therefor, or who wilfully violates any
the city, wilfully, fraudulently or corruptly attempts to perform any act unauthorized by law or
by ordinance, shall forfeit to the city fifty dollars for every such act, to be recovered on his
official bond, and shall be further liable to removal from office. (Prior code § 2 6)
Page 51 of 265
Chapter 2.52
PLANNING COMMISSION
2.52.010 Establishment --Composition.
The Pplanning Ceommission shall consist of seven (7) regular members, and two
alternates. Alternates shall be invited to participate and vote whenever a regular member is
unable to attend or to vote. (Ord. 06-01 (part), 2006: prior code § 2-60)
2.52.020 Appointment of members--Qualifications--Compensation.
The members of the planning commissionPlanning Commission shall be appointed by the mayor
with the consent of the city council from among the qualified electors of the city. Such members
shall be selected without respect to political affiliations, and may serve with compensation to be
determined by the city councilCity Council. (Ord. 06-01 (part), 2006: prior code § 2-61)
2.52.030 Terms --Minimum attendance --Standards removal --Filling vacancies.
The terms of office of each member of the planning commission shall be for three (3) fig
years. Planning Ceommission members must attend a minimum of seventy-five percent of all
planning commissionPlanning Commission meetings held during the course of a calendar year in
order to remain a member of the planning commissionPlanning Commission. This annual
determination of attendance shall be conducted by planning department staff and forwarded to
the chairperson of the planning commissionPlanning Commission, the Ceity Mmanager and
Mmayor and city councilCity Council. Vacancies and/or removals occurring otherwise than
through the expiration of terms shall be filled by appointment by the Mmayor with the consent of
city councilCity Council. Members may be removed, with or without cause, after public hearing
by a majority vote of city councilCity Council. (Ord. 95-18, 1995: prior code § 2-62)
The planning commission may appoint employees and may contract with city planners, and other
appropriated for such purpose by the city council. (Prior code § 2 63)
2.52.050 Organization --Meetings.
Ther-planning Ceommission shall elect from its membership a chair and vice chairman -and shall
conduct meetings in accordance with the adopted bylaws and Rules of Procedure for Planning
Commission meetings. adopt rules for its own organization and for the transaction of business
and The City Recorder shall keep a public record of its -Planning Commission
proceedings. (Prior code § 2-64)
2.52.060 Powers and duties.
The planning commissionPlanning Commission shall have the following powers and duties:
A. After holding public hearings, the Planning Commission may recommend to the City
Council a General Plan for the physical development of the City. The General Plan shall show
the Planning Commission recommendations and may include, among other things, the general
location, character and extent of streets, parks, parkways, and other public places; the general
location and extent of public utilities; recommendations for future zoning designations and land
uses; recommendations for future land use policy initiatives and long term goals; plans for the
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Page 52 of 265
development of additional housing; a future land use plan; and other elements as may be required
by law. Utah State Code. The Planning Commission may from time to time review the General
Plan and forward recommendations to the City Council for amendments or revisions.
After holding public hearings, to make, adopt and certify to the city council a master plan for the
physical development of the city. The master plan shall show the planning commission's
extent of streets, parks, parkways, playgrounds, airports and other public places; the general
acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or
change of use of any of the foregoing; the general location, character, layout and extent of
community centers and neighborhood units; and the general character, extent and layout of the
replanning of blighted areas. The planning commission may from time to time extend, amend or
add to the master plan or carry any part or subject matter into greater detail;
B. From time to time the Planning Commission may review the land -use ordinances of the City
and consider amendments to same. It may recommend amendments or new ordinances to the
City Council, either on its own initiative or upon referral by the City Council or staff. To make,
adopt and certify to the city council a zoning plan, including both the full text of the zoning
ordinance and maps, and representing the recommendations of the planning commission for
zoning the city. The planning commission shall have the powers contemplated to be exercised
C. The Planning Commission shall act as an advisory body, reviewing and making
recommendations to the City Council with respect to those land -use applications or proceedings
as otherwise specified by ordinance. Additionally, the Planning Commission shall act as the land
use authority on those matters specified by ordinance.
D. In its discretion, the Planning Commission may recommend that staff undertake studies
or may recommend to the Mayor and City council programs or policies for the improvement of
land development within the City.
E. The Planning Commission may exercise those additional powers as are reasonable or
necessary to carry out and perform the enumerated powers and duties specified above.
C. In the preparation of the master plan, including a zoning plan, the planning commission
shall make careful and comprehensive surveys and studies of the existing conditions and
probable future growth of the city and its environs. The plan shall be made with the general
purpose-of-guiding-and-aeoomplishing-a crated, adjusted and harmonious development of
safety and general welfare, as well as efficiency and economy in the process of development;
D. The planning commission may make reports and recommendations relating to the plan and
educational, professional and other organizations and citizens. It may recommend to the mayor
and city council programs for public improvements and the financing thereof. In general, the
functions and promote city planning and zoning. (Prior code § 2 65)
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Page 53 of 265
Chapter 2.56
POLICE DEPARTMENT
2.56.010 Establishment -Composition.
There is established a regularly constituted police force to be known as the eCity pPolice
dDepartment which shall consist of a eChief of pPolice and such other police officers as shall be
employed by the City from time to time.chief of police with the consent and approval of the city
council. (Prior code § 20-1)
2.56.020 Powers and duties of polices officers.
The eChief of pPolice and all police officers of the city shall have the following powers and
duties:
A. To suppress riots, disturbances and breaches of the peace, and to apprehend all persons
committing any offense against the laws of the state, this Ceode, or any other ordinances of the
city;
B. To execute and serve all warrants, processes, commitments and all writs whatsoever,
issued by any court;by the city judge;
C. To preserve the public peace, prevent crime, detect and arrest offenders, protect persons
and property, remove nuisances existing in the public streets, roads and highways, enforce every
law relating to the suppression of offenses, render such assistance in the collection of licenses as
shall be required by the license collector and perform all duties enjoined upon them by law and
ordinance. (Prior code § 20-2)
D. To arrest and take into custody any person who shall commit or threaten or attempt to
commit in the presence of the officer, or within the view of the officer, any breach of the peace,
or any offense directly prohibited by the laws of the State of Utah or this Code.
2.56.030 Chief -Appointment.
The City Manager shall appoint _he Cehief of Ppolice, subject to the advice
and consent of the city council. (Prior code § 20-3)
2.56.035 Appointment of deputies and assistants.
The Police Chief shall have power to appoint a properly qualified employee who shall be
designated the Assistant Chief. The Assistant Chief is authorized to perform, and shall perform,
all duties of the Chief during such times when the Chief is unavailable or unable to perform
same. Any official act of the Assistant Chief taken in the absence of the Chief shall be valid and
binding to the same extent as if done by the Chief.
2.56.040 Chief -Oath required.
The eChief of pPolice and ex officio jailer shall before assuming the duties of office take and
subscribe the constitutional oath of office_ and furnish a bond to the city in such sum, not less
than five hundred dollars, as may be fixed by resolution or ordinance during the month of
October preceding each election of city officers. (Prior code § 20-4)
The chief of police shall rece'
file and preserve all commitments by which persons are committed, and keep a record of each,
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Page 54 of 265
showing the date of arrest, offense, charged term of commitment, date of release and the name,
age and place of birth and description of the person committed, in a book kept for that purpose.
(Prior code § 20 5)
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Page 55 of 265
Chapter 2.61
STATUTORY APPOINTEE SEVERANCE BENEFITS APPEALS
Chapter 2.61 is hereby repealed.
2.61.010 Purpose and scope.
The purpose of this chapter is to establish procedures for the termination of severance pay and
health benefits where a statutory appointee, as defined by Section 2.10.040(C) with the exception
of the city attorney, is terminated for cause by action of the mayor and the city council. It is the
express intent that all statutory appointees shall remain as "at will" employees serving at the
pleasure of the mayor and the city council, and the procedures provided under this chapter shall
apply only to the question of denial of severance benefits. Nothing in this chapter shall be
construed to repeal or modify the appointee's at will status. (Ord. 98 06 (part), 1998)
2.61.020 Termination for cause.
A. Notwithstanding the appointee's at will status, the mayor and the city council may elect to
terminate any statutory appointee for cause, which cause may include, but shall not be limited to,
any conduct prohibited by Section 8.1 of the Moab city personnel policies and procedures
manual, or any other serious misconduct, malfeasance, unlawful conduct in office, or misuse of
office warranting dismissal.
B. The effect of dismissal for cause shall be the loss of severance pay and health benefits
mandated for statutory appointees by resolution. The loss of benefits shall not be regarded as a
fine, penalty, or punishment. (Ord. 98 06 (part), 1998)
2.61.030 Dismissal procedure
A. Prior to dismissal for cause, the mayor shall deliver to the statutory appointee written notice
of the alleged misconduct and the appointee shall be entitled an informal hearing and an
opportunity to present evidence in response to the charges.
B. Should the hearing result in dismissal the appointee shall be entitled to appeal to the full city
council. Written notice of the appointee's intent to appeal shall be delivered to the city manager
no more than seven working days from the notice of termination. Failure to deliver a notice of
intent to appeal within the time provided shall result in the waiver of all appeal rights.
C. The council shall hear any evidence and arguments with regard to the appointee's appeal,
which shall be conducted on the record. The proceedings may be conducted informally and
shall not be subject to the rules of evidence. The council shall render a decision based upon the
evidence provided at the hearing, upon a majority vote, whether the termination for cause is
sustained or reversed. The mayor shall not vote or participate in the appeal hearing, except as a
witness to provide testimony or information as to the basis of the termination for cause.
D. In the event the basis for termination is reversed, the appointee shall be entitled to all
severance pay and health benefits provided by council resolution, but shall not be entitled to
reinstatement to his/her position. If the basis for termination is sustained, the appointee shall be
entitled to seek judicial review on the benefits issue, provided the action is timely commenced
within thirty days of the governing body's decision.
E. Exhaustion of all administrative remedies shall be a jurisdictional prerequisite to seeking
judicial review. Review shall be limited to the record below and the court shall not reverse the
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evidence.
F. All hearings shall be conducted in closed session, unless the appointee consents to a public
hearing. (Ord. 98 06 (part), 1998)
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Page 57 of 265
Chapter 2.64
RECORDS ACCESS AND MANAGEMENT PROGRAM
Section 2.64.060 is amended as follows:
2.64.060 Fees.
A. The city may charge a reasonable fee to cover the city's actual cost of duplicating a record
or compiling a record in a form other than that maintained by the city. The fees may be set by
resolution. The initial fee, until changed by resolution, is as set forth in "Exhibit A" attached to
the ordinance codified in this chapter and found on file in the office of the city clerk.
A. The City may charge reasonable fees to cover the City's actual cost of compiling a record
or duplicating a record. The fees shall be established by resolution of the City Council. The
initial fees, until changed by resolution, are as set forth in "Exhibit A" attached to the ordinance
codified in this Chapter and found on file in the office of the City Recorder.
B. A city may fulfill a record request without charge when it determines that:
1. Releasing the record primarily benefits the public rather than a person;
2. The individual requesting the record is the subject of the record; or
3. The requester's legal rights are directly implicated by the information in the record,
and the requester is impecunious.
B. When the City compiles a record in a form other than that normally maintained by the City,
the actual costs under this section may include the following:
1. the cost of staff time for compiling, formatting, manipulating, packaging, mailing,
summarizing, copying, scanning, printing, or tailoring the record into certain formats or
media to meet the person's request;
2. the cost of staff time to search for, locate, and retrieve the record, and other direct
administrative costs for complying with a request;
3. in the case of fees for a record that is the result of computer output other than word
processing, the actual incremental cost of providing the electronic services and products
together with a reasonable portion of the costs associated with formatting or interfacing the
information for particular users, and the administrative costs as set forth in Subsections B.1.
and B.2.; and
4. fees for paper photocopies of records or digital copies of records, fees for packaging
supplies, and postage fees for mailing records.
C. A city may not charge a fee for:
1. Reviewing a record to determine whether it is subject to disclosure; or
2. Inspecting a record. (Ord. 93 18 § 6, 1993)
C. An hourly charge under Subsection B. may not exceed the fully loaded cost of employment of
the lowest paid employee who, in the discretion of the custodian of records, has the necessary
skill and training to perform the request.
D. The City may fulfill a record request without charge when it determines that:
1. Releasing the record primarily benefits the public rather than a person;
2. The individual requesting the record is the subject of the record;
3. The requester's legal rights are directly implicated by the information in the record, and the
requester is impecunious; or
4. The individual has requested in writing a waiver of the fees due to indigency, and the
requester has been granted such waiver by the City Recorder.
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E. The City may not charge a fee for:
1. Reviewing a record to determine whether it is subject to disclosure, except as permitted by
Subsection B.; or
2. Inspecting a record: or
3.Classification of a record.
F. A person who believes that there has been an unreasonable denial of a fee waiver under
Subsection D. may appeal the denial to the City Manager as the Chief Administrative Officer of
the City. The appeal must be made in writing and within 10 days of the denial of the fee waiver.
G. The adjudicative body hearing the appeal:
1. shall review the fee waiver de novo, but shall review and consider the city's denial of the
fee waiver and any determination under Subsection D.; and
2. has the same authority when a fee waiver or reduction is denied as it has when the
inspection of a public record is denied.
H. All fees received under this section by the city shall be retained by the city as a dedicated
credit. Those funds shall be spent on the actual costs and expenses incurred by the city in
providing the requested records.
I. The City may require payment of past fees and future estimated fees before beginning to
process a request if:
1. fees are expected to exceed $50; or
2. the requester has not paid fees from previous requests.
Any prepaid amount in excess of fees due shall be returned to the requester.
J. This section does not alter, repeal, or reduce fees established by other sections of this
municipal code.
Exhibit "A" to section 2.64.060 shall be amended to read as follows:
1. Record research fee
1. Record location, retrieval, research and compilation fee
Furthermore, Items 2., 3., 4., 5., 6., and 7., which now read:
"Photocopying fee for " shall all be amended to read: "Fee for photocopies for
ff
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Chapter 2.68
MOAB YOUTH CENTER BOARD
Chapter 2.68 is hereby repealed.
A. The city hereby creates the Moab Youth Center Board. The board shall consist of eleven
members. The membership shall consist of one representative in perpetuity from each of the
following:
1. Social services;
2. Mental health;
3. Grand County Middle School;
'I. Grand County High School;
5. Moab City police department;
6. The Moab office of the juvenile court;
7. Grand County Commission;
8. Moab recreation board.
The above eight members shall be formally appointed by the city and any substitutions or
changes shall be ratified by the city.
B. The remaining three members shall be appointed at large by the city, two of whom shall
serve two year terms and one of whom shall serve a four year term. Any vacancies on the board
shall be appointed by the city according to the guidelines above stated. (Res. 08 88, 1988)
27
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Chapter 2.72
HOLLYWOOD STUNTMEN'S HALL OF FAME BOARD
Chapter 2.72 is hereby repealed.
A. The city hereby creates the Hollywood Stuntmen's Hall of Fame Board to oversee, manage
and advise the Hollywood Stuntmen's Hall of Fame on behalf of the city.
B. The board shall consist of nine members to be appointed by the city, four of whom shall be
vacancies in the initial board, replacement appointments shall be made by the city. (Res. 09 88,
4-48-83
28
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Chapter 2.84
MOAB ARTS AND RECREATION CENTER ADVISORY BOARD
Chapter 2.84 is hereby repealed.
A. The Moab Arts and Recreation Center advisory board shall consist of seven members.
B. The membership of the board shall be drawn from a constituency of the community. (Ord.
98 18, 1998: Res. 16 96 (part), 1996)
A. All members of the board will be ^ „teE 1,.. 1w ,r „a c nf;,.ale by *'leeit- ^ c41
B. The Moab Arts and Recreation Center steering committee will review applications and
make recommendations to the mayor for the first Moab Arts and Recreation Center advisory
board. The Moab Arts and Recreation Center board will make recommendations regarding the
filling of vacancies on the board. (Res. 16 96 (part), 1996)
2- 847030Tenus-of-ef=iee:
For the first board appointments, five members shall be appointed for two year terms, and four
members for one year terms. All subsequent appointments shall be for two year terms. (Ord.
97 29, 1997: Res. 16 96 (part), 1996)
A. The Moab Arts and Recreation Center advisory board, in an advisory capacity only, shall:
1. Adopt bylaws, a mission statement, and goals and objectives for the Moab Arts and
Recreation Center advisory board;
2. Adopt policies, procedures and guidelines for programming, public relations and marketing,
rental space and scheduling for the Moab Arts and Recreation Center;
3. Adopt guidelines for the selection and retention of permanent tenants for the building;
�I. Make recommendations to city staff and the Moab City governing body regarding the annual
Moab Afts and Recre ,
appointments to the board, and permanent occupancy of the building;
5. Perform strategic planning and annual program evaluations for the Moab Arts and
Recreation Center. (Res. 16 96 (part), 1996)
29
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Chapter 2.88
MOAB HILLSIDE REVIEW ADVISORY BOARD
Chapter 2.88 is hereby repealed.
A. The Moab hillside review advisory board shall consist of five members.
membership shall be as follows: geologist, engineer, realtor/developer, a citizen representing the
citizens at large, and a representative from the city staff.
C. If it is not possible to fill the geologist and/or other fields of expertise, these positions shall
be assumed by citizens at large. (Res. 2 97, 1997)
A. All members of the board will be appointed by the mayor and confirmed by the city council.
B. The Moab hillside review advisory board shall select a chairman and determine a meeting
schedule. The Moab hillside review board will make recommendations regarding the filling of
vacancies on the board. (Res. 2 97, 1997)
''.4�Terms-tee
For the first board appointments, three members shall be appointed for two year terms and two
members for one year terms. All subsequent appointments shall be for two year
terms. Vacancies shall be filled by appointment for the unexpired portion of the term. (Res. 2
97, 1997)
The Moab hillside review advisory board, in an advisory capacity only, shall:
A. Review proposed major developments as defined in the Moab City hillside ordinance,
Chapter 17.55, Moab City Code, on slopes exceeding fifteen percent within Moab city
jurisdiction and make recommendations for approval, conditional approval, or denial to the
planning commission and city council.
B. Provide advice and support as needed to the city staff, planning commission and city council
in connection with reviewing requests for zoning changes or other development applications to
which the hillside development ordinance applies. (Res. 2 97, 1997)
A quorum of the hillside review advisory board shall be three members; a majority vote of a
quorum shall be required for a decision of any matter before the board, but the minimum number
of yes votes required for a decision shall never be less than three. If a quorum is not present, no
meeting shall be held, and items of business shall be continued to the next meeting of the
board. (Res. 2 97, 1997)
30
Page 63 of 265
1
The foregoing ordinance was passed and adopted upon the majority vote of the City Council of
the City of Moab, and the affirmative vote of the Mayor of the City of Moab this day of
, 2018.
This ordinance shall take effect immediately following passage.
By:
Mayor Emily S. Niehaus Date
Attest:
By:
Rachel Stenta, Recorder Date
31
Page 64 of 265
MOAB CITY COUNCIL MINUTES -- DRAFT
REGULAR MEETING
FEBRUARY 27, 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 Mike Duncan, Tawny Knuteson-Boyd, Karen Guzman -Newton and Kalen Jones.
Councilmember Rani Derasary was not in attendance. Also in attendance were City Manager David
Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, City Engineer
Chuck Williams, Public Works Director Pat Dean, Senior Projects Manager Amy Weiser, City Treasurer
Jennie Ross, Police Chief Jim Winder, Sustainability Director Rosemarie Russo, Planning Director Jeff
Reinhart, Communications Director Lisa Church, Development Services Manager Sommar Johnson and
Records Specialist Eve Tallman.
The Workshop began with a Discussion of Planning Priorities and a Departmental Update from City
Planner Reinhart. He began with information regarding repeal of conditional use permits. He stated
there would be a public hearing on March 8. He mentioned an upcoming proposed change to the
definition of Eating Establishments. He stated the Planning Commission would consider Planned
Affordable Developments. Reinhart also explained upcoming changes for density -related housing code.
He suggested there may be new code proposed that would allow for homes as small as 140 square feet.
He next mentioned the concept of boarding houses and the definition of a family, and referenced
employer -provided housing, adding that code issues regarding nuclear families may be changed to
address maximum occupancy standards. Councilmember Jones asked about shared households and
mentioned concerns regarding the number of parked cars and noise and wondered about tackling those
issues head-on. Reinhart stated the only mechanism at this time is the family definition. City Manager
Everitt noted that a city-wide parking study and parking plan is forthcoming.
Next, Reinhart mentioned the administrative work plan and implications for affordable housing.
Development standards were discussed, including fences, landscaping and pocket neighborhoods.
Specifically, the east and west ends of Center Street were mentioned, and 100 North east of 400 East.
Councilmember Duncan asked for background information on code changes. Councilmember Jones
asked for use tables for the different zones. Mayor Niehaus stated she was meeting with applicants for
Planning Commission. Councilmember Guzman -Newton asked when appointments may happen. The
Mayor explained the need for changes to bylaws regarding membership, and those changes would be
adopted by Council.
The Workshop continued with a presentation by the Utah Division of Water Rights Southeast Regional
Engineer Marc Stilson. He offered Information Regarding Water Rights Adjudication in the Moab Spanish
Valley. Stilson discussed the history and process for developing a groundwater management plan. He
mentioned the United States Geological Survey (USGS) groundwater study which is nearly complete and
has been submitted for peer review. The stated that once the review is complete, the final draft will go
out for comment to the cooperating agencies, and then the final report will be issued later this year.
Stilson stated the adjudication process is the current step and announced a public meeting to be held
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April 18 at the Grand Center at 6:00 PM. He also explained the resources available at
waterrights.utah.gov. He played a brief video that explained the process for the public to review water
rights and also explained the process for citizens to claim their rights, object to determinations, and the
resulting judicial decree. Stilson said there were about 1,000 rights to be adjudicated in the north part of
the valley this year.
He continued with a discussion of increasing the monitoring of stream flows with strategically -placed
gauges. He explained the purpose of gauges, proposed cost -sharing with USGS, and noted the Nature
Conservancy, Division of Water Rights and the Division of Fish and Wildlife would be willing to share in
the costs. He suggested the City might enter into a Memorandum of Understanding to pay one-third.
Councilmember Duncan asked about the offer to share costs by Living Rivers. Councilmember Guzman -
Newton asked if one monitoring system was adequate. Stilson explained that monitoring Pack Creek will
play a larger role than previously believed. He mentioned Grand and San Juan Counties would be
approached for that monitoring gauge.
Duncan asked for clarification about the City's water rights. Stilson confirmed that the City's rights are
perfected (proven) and the Mayor would only need to sign and return the packet of city rights. City
Attorney McAnany asked about expectations for objections. Stilson said he was working with Chuck
Williams to certificate Skakel Springs. Councilmember Jones asked if there was a map showing the wells
in the north part of the valley, and Stilson showed a map of the rights to be adjudicated this year.
Mayor Niehaus asked if this clean-up of abandoned rights would result in more water rights being
available. Stilson explained that is not the process for how water rights are allocated.
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-eight members of the public and media were present.
Approval of Minutes: Councilmember Duncan moved to approve the minutes of the February 13, 2018
meeting. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 aye with
Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Mayor and Council Reports:
Mayor Niehaus reported she had attended the Rural Utah Caucus as well as an orientation for services
available from the state. She noted she had met with the executive director of the Utah League of Cities
and Towns, and attended a meeting of the Utah Association of Governments and the Tripartite Board,
which oversees the Food Bank and other services. She remarked there was a prospect for training for
veterans in Moab and concluded with a report that she was working on the restructuring of the Planning
Commission with an eye toward appointing three new members.
Councilmember Duncan mentioned he had been on vacation in Hawaii and remarked on the water
scarcity issues and tourist congestion there.
Councilmember Jones reported on meetings of the Utah Department of Transportation (UDOT)
recreation hotspot funding meetings which he attended with staff and Councilmember Knuteson-Boyd.
He mentioned topics suggested to reduce congestion and improve recreation access could include
parking garages downtown and multi -use transportation options.
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Councilmember Guzman -Newton noted she had attended a school board meeting and announced the
proposed new middle school would remain on its existing site. She also mentioned the Airport Art Call,
which will solicit art for the new terminal.
Councilmember Knuteson-Boyd also reported on the UDOT hotspot meetings and noted she had also
attended a meeting of the Housing Authority. She added that Councilmember Derasary won't be able to
travel to Washington DC this year to lobby for continued funding of the tailings cleanup, so that travel
opportunity is available to others.
Administrative Report: City Manager Everitt mentioned he would like to include other departmental
updates at future Council meetings. He showed Council a tracking documents for the Administrative
Work Plan. He also mentioned the mechanism for tracking code revisions, in -process financial
forecasting efforts, upcoming proposed changes to alcohol policies in Lions Park and Old City Park, and
an effort toward consistency regarding speed limits around town.
Sustainability Director Russo announced a Water Conservation Workshop to be held Monday, March 12
at 5:15 PM in the City Council chambers. She said the event would be co -sponsored by the Water
Conservation and Drought Management Advisory Board and the League of Women Voters.
Students of the Month: Mayor Niehaus presented Hiroshi Burriola with the Mayor's Student Citizenship
of the Month Award for February, 2018 for Helen M. Knight School. Niehaus next presented Aliester
Ekman with the Mayor's Student Citizenship of the Month Award for February, 2018 for the Moab
Charter School.
Citizens to be Heard:
Brendan Cameron stated he represented City Market and expressed concern about the proposed Arches
Reservation system. He thanks Kate Cannon, Park Superintendent, for her effort. He said the reservation
system would hurt business at City Market.
ReBecca Foster spoke in favor of proposed Ordinance 2018-02 regarding noise issues at her Marcus
Court address caused by idling trucks on Highway 191.
Jeramy Day stated he represented TKO Properties, which would take a cut in business due to the
proposed Arches Reservation system. He said that if Park access is limited, the four hotels he represents
will market to ATV users.
Josh Green stated he represented Moab Cowboy Country Off -Road Adventures. He said 80 percent of
his customers come to see Arches. He stated that the proposed reservation system would cause tax
dollars to shrink and tourists will take their business to San Juan County.
Cricket Green stated she is opposed to the proposed Arches Reservation System. She questioned why
the City supports a business -killing initiative and speculated that it could result in a class-action lawsuit.
She said the proposed reservation system is costing jobs.
Austena Fugit stated she represented five hotels and has great concern with the proposed reservation
system, which, she said, would result in the layoff of employees. She added that she markets to foreign
travelers who will go elsewhere.
Scott Groene spoke about Special Events at Swanny Park. He said the crowding has reduced Moab's
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quality of life. He asked Council to do what they could, by taking actions such as controlling the City's
parks. He presented a letter signed by forty-five residents of his neighborhood and which requested the
City to create a mechanism to consider the cumulative effects of special events on neighborhoods.
Randy Day stated that Arches National Park is iconic and he once could visit without crowds but now
times have changed. He expressed his opinion that the proposed Arches Reservation System is
unacceptable. He stated that our quality of life is diminished, and so be it.
Deb Schlecta of It's Sew Moab spoke about how Arches National Park is what originally drew her to
Moab. She added she wouldn't have later moved to Moab if there had been a reservation system in
place at the time of her original visit. She also mentioned her effort to bring a national quilt show to
Moab and opined that quilters would also want to visit Arches National Park.
Carrie Ann Marinelli spoke on behalf of the Moab Charter School. She thanked the Mayor for
recognizing the Student of the Month and thanked the Council for lowering the speed limit in front of
the school. She made an invitation to the Charter School board meetings, which are the third Tuesday of
each month at 5:15 PM.
Kevin Walker spoke in favor of the proposed Arches Reservation System. He stated residents are users
of the Park or are economically impacted by users of the Park. He noted the park is obviously crowded
and a reservation system could have the positive impact of evening out the visitation. He stated
reservation systems are commonplace in other parks. He added that the main complaints regard
crowding, and even if the reservation system reduced overall visitation, it is speculated that usage
numbers would be at the 2014 level, which still is quite high.
Colin Fryer spoke about the Arches Reservation System and stated the process to deal with crowding in
the Park is a fraud. He stated he visited areas of the Park and proposed ideas. He said the process
requires an impartial jury and judge. He added the National Park Service made the decision on their
own.
Jared Anderson spoke on behalf of Emery Telcom and the Moab Chamber of Commerce, of which he is
President. He stated that at a recent Chamber luncheon, fifty members voted unanimously against the
proposed Arches Reservation System in an informal poll. He stated that Emery Telcom would suffer if
the Reservation System were implemented since it relies on broadband sales to hotels.
Wendy Young suggested removing Special Events from Swanny Park. She stated she lives on the west
side of Park Drive. She also noted the proposed through -road from 500 West will increase traffic and
congestion. She added that a group should convene that may consider the impact of special events on
the neighborhood.
Wayne Hoskisson stated that Arches National Park is too crowded. He said the proposed Reservation
System is good and is not a quota system. He mentioned it could spread out the visitors, and tourists
would be able to reserve same -day visits. He noted the National Park Service has a mission to ensure the
enjoyment of the public and the preservation of the Park.
Ashley Korenblatt, owner of Western Spirit Cycling, spoke in favor of the proposed Arches Reservation
System. She stated there is a huge cost for doing nothing. She noted there is misunderstanding and that
Commercial Use Authorizations for tour buses and shuttles are exempt from the reservation system. She
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also noted that up to 25 percent of visitors each day would be permitted access to the Park without
reservations on a first -come first -served basis. She stated she is a member of the Chamber of Commerce
and would have voted in favor of the reservation system if she had been present at the luncheon. She
stated she is really excited about the recreation asset management technology proposed to be
implemented. She concluded that the proposed reservation system gives assurance to visitors.
Charlotte Mates spoke about the Moab People Mover shuttle service and suggested it may be part of
the solution for crowding in Arches National Park. She stated visitors could leave cars at hotels and take
the bus to the Park. She also noted that March 17 is St. Patrick's Day and announced a celebration.
SPECIAL EVENTS/VENDORS/BEER LICENSES/SOLICITORS:
Spitfire Smokehouse —Approved
Motion and Vote: Councilmember Jones moved to approve a Private Property Vendor License for Craig
Saleeby, doing business as Spitfire Smokehouse, located at 221 South Main Street for a term of March 1,
2018 to March 1, 2019. Councilmember Guzman -Newton seconded the motion. The motion passed 4-0
aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Yummytown Food Truck —Approved
Motion and Discussion: Councilmember Jones moved to approve a Private Property Vendor License for
Joelle Riddle & Max Schon, doing business as Yummytown Food Truck, located at 83 South Main Street
for a term of March 1, 2018 to March 1, 2019. Councilmember Knuteson-Boyd seconded the motion.
Councilmember Jones noted the request for tables and chairs and expressed there appears to be ample
parking to accommodate the request. Councilmember Guzman -Newton asked about other vendors who
have licenses for this location and City Manager Everitt mentioned licensure is on a first -come first -
served basis, requiring conformance to parking requirements and other code. Planner Reinhart
concurred.
Vote: The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and
Duncan voting aye.
Old Business: (2:00 on recording)
Support for Arches National Park Reservation System —Tabled
Motion and Discussion: 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 Duncan explained that he heard from many residents when he
was campaigning for office that the top three concerns were congestion, noise, and affordable housing.
He explained his interpretation of the proposed plan and noted he had received more letters in favor of
the plan than against it. He said proposed limits on vehicles per day would move usage levels back to
2016 visitation levels and it was his opinion that business will still be good. He said the reason he was
proposing support for the Park reservation system plan is that he believed it would make Moab a better,
more livable, place. He said there may be other long-term solutions but the problem needs to be dealt
with right now.
Councilmember Jones stated he supports the motion for not only the reasons stated by Councilmember
Duncan but also because the City is already seeking to address solutions to congestion with UDOT, and
solutions must be sought in partnership and he welcomed the leadership shown by the Park Service
toward those ends. He stated his expectation that the Park Service would continue to engage the
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stakeholders to explore other options. He noted this proposed reservation system would require
minimal infrastructure.
Councilmember Knuteson-Boyd stated her support for the resolution but noted she is concerned about
the opinion of businesses who fear economic impact due to the proposed system. She stated she
wanted business owners to be heard more in-depth and suggested there was no rush.
Councilmember Guzman -Newton questioned whether there would be any new proposed solutions that
haven't been fielded in the past four months. She stated the City's support was ancillary and the Park
Service will do what they do regardless of whether the City supports them or not.
Mayor Niehaus stated that bring the issue up has brought forward a lot of viewpoints. She suggested
tabling the motion would allow for an opportunity to add language that expresses the sentiments of the
business community. Councilmember Duncan suggested that timeliness would be affected by tabling.
Councilmember Jones concurred. Arches National Park Superintendent Kate Cannon spoke from the
audience and stated park staff are still considering more than 400 comments and they expect the
National Park System will make a decision in June. She noted there appeared to be considerable
misunderstandings. She requested the Chamber of Commerce to host a question and answer session
with business owners, and Chamber President Anderson agreed to host such an event.
Vote: Councilmember Knuteson-Boyd made a motion to table the proposed resolution. Councilmember
Guzman -Newton seconded the motion to table. The motion to table passed 3-1 aye with
Councilmembers Knuteson-Boyd, Duncan and Guzman -Newton voting aye and Councilmember Jones
voting nay.
Moab Rotary Car Show Fee Waiver —Substitute Motion Approved
Motion and Vote: Councilmember Knuteson-Boyd moved to approve Reconsideration of a Request for
Waiver of Swanny Park Use Fees in an amount not to exceed $1,425 for Moab Rotary Car Show.
Councilmember Duncan seconded the motion. Councilmember Guzman -Newton stated she wants
Council to discuss the nature of fee waivers in general, and Councilmembers Knuteson-Boyd and Jones
agreed the discussion is needed. Knuteson-Boyd reiterated Councilmember Derasary's prior suggestion
to waive a lower amount that was more in line with similar waivers such as for the Seekhaven fund-
raiser. Discussion ensued about the real expenses associated with events that are borne by the City, and
Councilmember Jones opined that the waivers are viewed as donations to charity, and if the City wants
to make donations, it will be more transparent to do so outright rather than by waiving fees. Support for
Rotary was expressed, and Councilmember Guzman -Newton moved to approve a substitute motion to
approve a Request for Waiver of Swanny Park Use Fees in an amount not to exceed $400 for Moab
Rotary Car Show. Councilmember Knuteson-Boyd seconded the substitute motion. The substitute
motion passed 3-1 aye with Councilmembers Knuteson-Boyd, Guzman -Newton and Duncan voting aye
and Councilmember Jones voting nay.
Idling Vehicle Restrictions —Approved
Motion and Vote: Councilmember Jones moved to approve 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. Councilmember Duncan seconded the motion. The motion
passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
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New Business: (2:29 on recording)
Biking Routes Plan —Approved
Motion, Discussion and Vote: Councilmember Jones moved to approve Proposed Resolution 15-2018 —
A Resolution Approving the City of Moab Biking Routes Plan. Councilmember Duncan seconded the
motion. Council and staff discussed specific streets and routes, including Kane Creek Road west of 500
West. Williams stated this approved plan would be integrated into the City's General Plan.
Councilmember Duncan mentioned the quality of the pavement in the bike lanes. The motion passed 4-
0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye.
Mill Creek Drive Engineering Service Agreement —Approved (2:45 on recording)
Motion and Discussion: Senior Projects Manager Weiser presented a history of the project and City
Engineer Williams explained details of the timeline.
Councilmember Knuteson-Boyd moved to approve a Future Campus of Utah State University (USU) —
Mill Creek Drive West Extension Engineering Services Agreement. Councilmember Duncan seconded the
motion. City Manager Everitt explained the nature of the commitment the Council was condoning by
approving the engineering agreement. Councilmember Duncan raised a question about whether this
road project could, should the USU campus project fail to materialize, become a "bridge to nowhere."
Williams explained there was to be a master -planned community regardless of the campus, as proposed
by the School and Institutional Trust Lands Administration (SITLA). Councilmember Jones asked about
how SITLA's commitment is memorialized, and expressed his concern that, since it is the mission of
SITLA to maximize profits, it may come to pass that the City is using public funds for infrastructure for
SITLA's development prerogative and that, in other situations, the developer would be required to pay
for roads. Councilmember Duncan reframed his question to ask if USU doesn't materialize, if the City
could again be in a situation with SITLA similar to Lionsback, and City Attorney McAnany said yes. To
answer Jones' question, Weiser stated the agreement was memorialized in the master plan.
Councilmember Knuteson-Boyd concurred with the concerns of Jones and Duncan and suggested the
City should memorialize the agreement in a Memorandum of Understanding. City Manager Everitt
stated that the City controls the road and granting access to the road. City Attorney McAnany pointed
out that prior Councils have incrementally fostered the USU project and balking at this agreement could
jeopardize future commitments on the part of the university.
Vote: The motion passed 3-1 aye with Councilmembers Jones, Knuteson-Boyd and Guzman -Newton
voting aye and Councilmember Duncan voting nay.
Procurement and Ethics —Tabled (3:06 on recording)
Motion and Vote: City Attorney McAnany made a brief presentation about the proposed changes.
Councilmember Jones moved to table, and there was not a second to the motion to table.
Councilmember Duncan voiced a concern that, given the history that precipitated the initial
procurement and ethics rules changes, that this update might be perceived as a return to the old ways.
City Attorney McAnany explained that the changes make the directives for the staff clearer. City
Manager Everitt pointed out relationship rules are strengthened by these changes. Councilmember
Guzman -Newton moved to approve 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. Councilmember
Knuteson-Boyd seconded the motion. Councilmember Jones noted he had made some suggestions for
edits and preferred the changes to be made and then presented for approval. Councilmember
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Knuteson-Boyd moved to table the proposed ordinance. Councilmember Jones seconded the motion to
table. The motion to table passed 3-1 aye with Councilmembers Jones, Knuteson-Boyd and Guzman -
Newton voting aye and Councilmember Duncan voting nay.
Meeting Dates Revision —Approved
Motion and Vote: Councilmember Jones moved to approve Revisions to 2018 City Council Meeting
Dates to reschedule the regular March 27 meeting to March 20. Councilmember Guzman -Newton
seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Guzman -
Newton and Duncan voting aye.
Surplus Property Declared —Approved
Mayor Niehaus recused herself and left the chambers.
Motion and Vote: Councilmember Jones moved to approve 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. Councilmember Guzman -Newton seconded the motion. The motion passed 4-0 aye
with Councilmembers Jones, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus
returned to the chambers.
Approval of Bills Against the City of Moab: Councilmember Guzman -Newton moved to pay the bills
against the City of Moab in the amount of $56,328.17. Councilmember Jones seconded the motion. A
brief discussion ensued about how to streamline the bill review process. The motion carried 4-0 aye,
with Councilmembers Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Executive Closed Session:
Motion and Vote: Councilmember Jones moved to enter an Executive Closed Session to Discuss Pending
or Reasonably Imminent Litigation. Councilmember Knuteson-Boyd seconded the motion. The motion
passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
The Executive Closed Session was entered into at 9:28 PM. At 10:11 PM, Councilmember Jones moved
to end the Executive Closed Session. Councilmember Knuteson-Boyd seconded the motion. The motion
passed 4-0 aye with Councilmembers Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye.
Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Jones
seconded the motion. The motion carried 4-0 aye, with Councilmembers Jones, Knuteson-Boyd, Duncan
and Guzman -Newton voting aye. Mayor Niehaus adjourned the meeting at 10:11 PM.
APPROVED: ATTEST:
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
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Moab City Council Agenda Item
Meeting Date: March 13, 2018
#: 6-1
Title: Approval of a Request for TransRockies Inc. to hold the 5th Annual Moab
Rocks 3-day Mountain Bike Race festivities at Swanny City Park from Friday,
April 13, 2018 through Monday, April 16th 2018.
Date Submitted: January 22, 2018 and February 12, 2018
Staff Presenter: Carmella Galley
Attachment(s):
Special Event Application/Background information
Special use of City Park Application
Retail Beer License
Local Consent
Options: Approve, deny, or modify.
Recommended Motion:
Background/Summary:
TransRockies Inc. has held their Moab Rocks 3-day mountain bike race start
and evening festivities at Swanny City Park. After each stage of the race
awards are presented from the park band shell as beer is available to the race
participants. Much of the background is contained within the application
packet for review.
Staff Recommendation:
City Staff has gone back and forth reviewing the applications provided and
communicating with the organizer through emails. The committee has also
suggested using Lions Park for this event, however with the request for
alcohol, the use of that venue would not be allowed. The organizer has
communicated with the Grand County High School for use of that location as
an alternative and to alleviate some of the issues with the use of Swanny Park
Page 73 of 265
6-1 Special Events/Permits
including street closures and early start times. WE have received
confirmation from the High School that this event will be allowed to use the
parking lot at their facility.
The committee, as of the time of this summary, is requesting the following
conditions for the Moab Rocks Event:
Friday, April 13, 2018-
• Set up at Swanny Park shall be coordinated with the Parks
Superintendent for supervision of proper placement and set up
which would include no vehicles on the grass, no stakes used to
anchor fences and tents. As well as being shown the location of
power for the use of a PA system in lieu of generators.
• The organizer has been informed that the serving of alcohol will
need to stop by 7:00 pm.
• There shall not be any generators used during the evening
festivities.
• The organizer shall coordinate with the Streets Superintendent
for proper and safe traffic control set up for the next morning's
race start on 400 North
• The organizer shall coordinate with the Moab City Police
Department to review the route to be taken through town from
the high school up to Sand Flats. The services of four officers will
be needed.
• Background-TransRockies requested four police officers and
police cars for the escort, it was decided that five officers and car;
would actually be needed to safely move the participants along
the route as well as keep them and the public safe.
Saturday, April 14, 2018-
• There shall not be any amplified sound before 7:00 am.
• There shall not be any generators used during the evening
festivities.
• The serving of alcohol will need to be stopped by 7:00 pm.
Sunday, April 15, 2018-
• The use of Swanny Park for Sunday's shuttle departure will not be
allowed. Our code does not allow for noise before 9:00 am on
Sundays. It has been suggested to the organizer to use Lions Park
Page 74 of 265
6-1 Special Events/Permits
or the Transit Hub north of town for the morning. As of this
writing we 14-aye not- 1eafe la -fr `-�ri��rriirrs t�icci tiinti�vi
• The evening festivities will be allowed with the same conditions
listed above.
Monday, April 16, 2018-
• The same conditions apply for the evening festivities as listed
above.
• All trash and recycling removed and the park left in good
condition to be refunded the damage deposit.
Fees-
3 days use of 1/4 of the park for 6 hours each day is $125/day=$375
1 day use of 1/4 of the park for 4 hours at $55
A damage and cleanup deposit at $ 200
The Event Fee is $200.
Beer/Alcohol License is $90.
Total at this point: $920.
$1220.00 has been paid at this point however there are other fees that
have been assessed and will need to be submitted. These include -
The Police Department Fees are as follows:
Officers are paid at a flat rate of $65.00 per hour, no matter how many hours
are worked each day.
There is a four-hour minimum pay per day, so once the officer is called,
used or not, there will be a charge for a minimum of four hours. Vehicles are
$65.00 per day and 0.65 cents per mile.
$65x 4 hours=$260
x 4 officers - $1300 $1040
Five cars @ $65/car - $325
Four Cars @ $65/car=$260
Page 75 of 265
6-1 Special Events/Permits
The fees for the Public Works Department will be assessed and billed for
payment prior to the event.
They will include -
Department Staff (typically Streets and/or Parks) are paid at a rate of
$40/hour during Regular Work Hours (Monday through Friday 7:00 am
to 3:30 pm) and $65/hour during Overtime Hours or for Emergency
Services.
The fee for Parks Superintendent to meet prior to set up will be $40.
These costs would include the time for loading and unloading prior to and
after an event.
Use of Traffic Control/Safety Equipment would be per item and could include
the following for this particular event:
o 36" Cone .40 Per Day
o Vertical flats .60 Per Day
o Signs w/stand 2.50 Per Day
o Barrels .60 Per Day
o Candle stick .50 Per Day
o Slide Top 5.50 Per Day
Other items and equipment may be necessary and will be assessed as needed.
That adds another $1625 $1340 to the fees already assessed. Making what is
currently to be paid $1325 $1040.
We are also suggesting that the residents surrounding the park be notified
prior to the event of the upcoming event.
Page 76 of 265
6-1 Special Events/Permits
TRANSROCKIES'
iWIZE• series
TransRockies US LP
14405 W Colfax Ave. #158
Lakewood, CO 80401
Carmella Galley
City of Moab
217 East Center Street
Moab, Utah 84532
January 15th, 2018
Dear Carmella,
Please find attached our application for the 5th Annual Moab Rocks 3-day mountain
bike race. The dates are April 13-16, 2018.
1. We like to book Swanny Park for the following dates:
o Friday, April 13th-1:00pm - 8:00pm
o Saturday, April 14th - 3:00pm - 8:00pm
o Sunday, April 15th - 3:00pm - 8:00pm
o Monday, April 16th - 3:00pm - 8:00pm
2. Also, as in years past we'd like to serve Moab Brewery beer from 5:30pm -
7:00pm during our nightly awards presentation. Local Consent Form that
needs to be signed by The City of Moab is enclosed.
3. On Saturday, April 14th (which is the Stage 1) we will need 4 officers and
patrol cars to escort the 180 riders up Sand Flat Road. They will start from
the Aquatic Center and be controlled through town and the crossings. They
have been amazing to work with in the past. Please see map attached.
Officers need to be in place by 8:15am.
Please let me know if you require further information. My cell is 403.483.9977
Sincerely,
Kevin McDonald
Operations Manager, TransRockies Events
Cell: 403.483.9977
TransRockies US LP,14405 W Colfax Ave. #158
Lakewood, CO, 80401
PAGE 1
Page 77 of 265
6-1 Special Events/Permits
172-1 i��Z t2i
Date Received Applitatian:
Receipt Number: 2Z /Kl
SPECIAL EVENT PERMIT
APPLICATION
CITY OF MOAB
City of Moab Special Events
217 East Center Street
Moab, UT 84532
Date Paid
Amount Paid:
4122o.----
MOAB
Phone: 435-259-5121
E-mail:
events@moabcity.org
.APPROVALS:
City:
Date:
Fire:
Date:
Conditions of approval:
Other Staff Approval:
Date
TYPE OF ACTIVITY check all that apply:
❑ Film Production
❑ Outdoors Sales
Cycling ❑ 5K ❑ Training Event ❑ Festival
❑ Parade ❑ Sporting ❑ 1 OK ❑ Block Party ❑ Religious
❑ Fun Run ❑ Dance ❑ Other
Please print or type
EVENT NAME:
illO(a��1
1. Location of Event:
2. Location of Event:
FQ to4I , S-1)-T'1 5 v- /
/31 - ✓ M-`t
�J Li, l1rtl 3 ,,d,L$p L (II 4C -7-
[,6,/(ZS4-- icl-fL_fit itl Le�b
3. Name of Organization:
TR4,/S e c; s v f LP
4. Date (s) of Event: P IZ to iel,f r 4-p r--; j 1 3_ l G
5. EVENT DETAILS
Start Date: 4r,, , / 3 Start Time: : a 6, p.,
Event Location 1
Date(s):
Start time:
End time:
Set-up
Date(s): p (L.10 � A. .
13
Start time: f : 0 an,,,_
End time:
Sr: U aie,
Clean-up
t
Date(s): ✓ e a ,..re fri l i
: !
Start time: z 3 ae ,
End time:
' 3 )f —
Event Location 2
Date(s):
Start time:
End time:
Set-up
Date(s):
Start time:
End time:
Clean-up
Date(s):
Start time:
End time:
Is this a recurring event?
Is this an Annual Event?
r�s
If yes; daily, weekly or other?
If yes; same date and place?
n �F ley Fvic i 11 IfTf
`(C f
5. PARTICIPANTS
Number of participants expected:
Number of Volunteers/Event Staff: y
❑ Open to the Public
Private Group/Party
If event is open to the public, is it: Entrance Fee/Ticketed
Event?
Riee for Participants/
Racers/Runners Only
2
Page 78 of 265
6-1 Special Events/Permits
Date Received Application:
Receipt Number:
Date Paid
Amount Paid:
SPECIAL EVENT PERMIT
APPLICATION
CITY OF MOAB
City of Moab Special Events
217 East Center Street
Moab, UT 84532
M oAB
UTAH
Phone: 435-259-5121
E-mail:
events@moabcity.org
APPROVALS:
City_
Date:
Fire: Date:
Conditions of approval:
Other Staff Approval:
Date
TYPE OF ACTIVITY check all that apply: _✓ Cycling ❑ 5K ❑ Training Event ❑ Festival
❑ Film Production ❑ Parade ❑ Sporting ❑ 1 OK ❑ Block Party ❑ Religious
❑ Outdoors Sales ❑ Fun Run ❑ Dance ❑ Other
Please print or type
EVENT NAME:
goc,A,s
1. Location of Event:
2. Location of Event:
S c.1 11-14/ 10( C! r./4-k k (Q 4-vi o el e, t s� �� d � n i y✓ c S
1...hivoS)
S �✓ JY✓i✓� C 1 7-1 %. ger)f 13 " 16 - s -
3. Name of Organization: Tit 471/ 1-1 o 4k. / C 5 OS LP
4. Date (s) of Event: f-p p;l 13 - / 6 / 2 7 / Y
5. EVENT DETAILS
Start Date:J,,, ; 13 Start Time:
1,oir,
Event Location 1
Date(s):
1i p r, I
13
Start time:
r ; d 9,,,,,
End time:
k : U3 p,-,
Set-up
Date(s):
4nr, !
1 3
Start time:
/ 1" p M
End time:
if-v )P�,,,
Clean-up
Date(s):
Ap r , 1
1 b
Start time:
7 , a dfl,„,,,
End time:
?' , U p, ,.,
Event Location 2
Date(s):
Start time:
End time:
Set-up
Date(s):
Start time:
End time:
Clean-up
Date(s):
Start time:
End time:
Is this a recurring event?
Is this an Annual Event?
u'k` S
If yes; daily, weekly or other? !�piL i
If yes; same date and place?
5. PARTICIPANTS
Number of participants expected: % S� _ 7.42 0
❑ Open to the Public
Number of Volunteers/Event Staff:
P/Private Group/Party
2c
If event is open to the public, is it: n Entrance Fee/Ticketed
Event? Racers/Runners Only
Fee for Participants/
Page 79 of 265
6-1 Special Events/Permits
2
6. APPLICANT INFORMATION
Name of Applicant: �CV l i✓ rill 4 L 10
Address: ST) a g l VEr2 4.0 C 41N r443
Day Phone: yv 3. vy3. 77? I- CeWOther:
Mailing Address (if different):
E-Mail: %Le✓', 7Yti jr �� r _
i. D rvi
Event Web Address (if applicable): wt,i, L, f r, 4 S /' 9 c- , e.1- co
Alternate Contact For Event: Ora ✓1 ` e o „ .,2 c % Cell Phone/Other:
CeWother:
Yo0 Hcf
E-mail:
A�rsro �eies. CaY•,
Page 80 of 265
6-1 Special Events/Permits
3
7. VENDORS/FOOD/
check all that apply
Vendors/Merchants Are �u ors Merchants Selling Products or Services? Yes No
If yes, Temporary Sales Tax Numbers are required from State Special Event Tax Division 801-297-6303
Is Food available at the event 1 Yes
Is the food (please check all that apply)
Given away Catered by restaurants/Vendors Prepared on site
Events which have Food available must contaj i the SE Utah Health Dept., for approval 435-259-5602
Alcoholic Beverages will be available at the eventYes 11 No
Please check applicable
Beer Stands Fenced in Beer Garden
Selling, Serving, Giving Aw , I..,lrol at -al cvc tequires City Council, City Business License and State
Of Utah Department of Alcoholic Beverage Licensing for state approval 801-977-6800
8. TENTS/STAGES/STRUCTURES (include details on sitemap)
f!d'Tents/Pop-up Canopies Yes ❑ No How many Tents/Pop-up Canopies will be used for the event? 2\1 r f
Dimensions of Tents/Pop-up Canopies:
Ail Enclosed Tents and Pop-up Canopies inquire inspections from the Moab Valley Fire Department 435-259-5557 and can not be staked into the ground.
Dimensions:
Description of Tents/Canopies/Race, etc.: o2 l l) srP / r i y ✓ .11-01-1
❑ Temporary Stage /' /4
9. SITE SETUP/SOUND check all that apply (please include details on site map)
F encing/Scaffolding
Portable Sanitary Units
Music if yes, check all that apply I I Acoustic
PA/Audio System Type/Description:
Fireworks / Fire Performances / Open Flame
Propane/Gas On site
Trash/Recycle Bin coordination On Site
Barricades
PR-
��Amplified
F & A-11,41-0 3
Requires approval from Moab Valley Fire Dept. (435) 259-5557
Requires approval from Moab Valley Fire Dept. (435) 259-5557
Monument Waste (435) 259-6314 Green Solutions (435) 259-1088
/0. ROAD & SIDEWALK USE please include deta' on site map
❑ Will Roads & Sidewalks Be Used? ❑ Yes
❑ Are you requesting Road Closures? ❑ Yes No
An Encroachment Permit is required for Road Closures and Sidewalk Use. To obtain the permit, please contact
Moab City Public Works Dept., 435-259-7485.
U Road Use and Closure Location:
U Sidewalk Use Location:
U Parade Location:
(must obtain privately)
(must obtain privately)
(must obtain privately)
U Will stay on sidewalks and
follow pedestrian laws
Number of Floats:
/ /. Application fee is based on attendance as followed:
(Other fees may apply after review by Events Committee)
❑ S200.00 for attendance under 300
❑ $400.00 for attendance over 300
Total:$ as /1-f (e-R. cA-4.4KL/.4
By submitting a signed application, the applicant certifies that falsilri an • ' formation on this application constitutes cause for rejection or
revocation of the Permit.
Print Applicant's Name
JIi-r1/_3/I /Y
Date
4
Page 81 of 265
6-1 Special Events/Permits
7. VENDORS/FOOD/ALCOHOL check all that apply
Vendors/Merchants Are Vendors Merchants Selling Products or Services? Yes / No
If yes, Temporary Sales Tax Numbers are required from State Special Event Tax Division 801-297-6303
Is Food available at the event I Yes ✓LjNo
Is the food (please check all that apply)
Given away Catered by restaurants/Vendors Prepared on site
Events which have Food available must contact the SE Utah Health Dept., for approval 435-259-5602
Alcoholic Beverages will be available at the event ltees U No
Please check applicable
Beer Stands Fenced in Beer Garden
Selling, Serving, Giving Away, lconot a an requires City Council, City Business License and State
Of Utah Department of Alcoholic Beverage Licensing for state approval 801-977-6800
8. TENTS/STAGES/STRUCTURES (include details on site map)
Tents/Pop-up Canopies [Yes ❑ No How many Tents/Pop-up Canopies will be used for the event?
Dimensions of Tents/Pop-up Canopies: / D x I 0
All Enclosed Tents and Pop-up Canopies require inspections from the Moab Valley Fire Department 435-259-5557 and can not be staked into the grown'
1
❑ Temporary Stage Dimensions:
Description of Tents/Canopies/Stage, etc.:
(J s E 702- 6 .41),%/ 0 s lft2 L S A s P4 6-
9. SITE SETUP/SOUND check all that apply (please include details on site map)
T11r1T
Fencing/Scaffolding
Barricades
Portable Sanitary Units ✓ 2 U N 14 l-1 0� -
Music if yes, check all that apply vrAmplit-ied
Acoustic
PA/Audio System Type/Description:
Fireworks / Fire Performances / Open Flame N l A Requires approval from Moab Valley Fire Dept. (435) 259-5557
Propane/Gas On site `A_� N / Requires approval from Moab Valley Fire Dept. (435) 259-5557
Trash/Recycle Bin coordination On Site t,L n Monument Waste (435) 259-6314 Green Solutions (435) 259-1088
(must obtain privately)
(must obtain privately)
(must obtain privately)
s (0- 6),J
/O. ROAD & SIDEWALK USE please inc de details on site map
❑ Will Roads & Sidewalks Be Used? Yes CI o
❑ Are you requesting Road Closures? ❑ Yes No
An Encroachment Permit is required for Road Closures and Sidewalk Use. To obtain the permit, please contact
Moab City Public Works Dept., 435-259-7485.
U Road Use and Closure Location: p0 L t-49 3 L S tr l- 4 4-e
U Sidewalk Use Location:
U Parade Location:
U Will stay on sidewalks and
follow pedestrian laws
Number of Floats:
II. Application fee is based on attendance as followed:
(Oth7 fees may apply after review by Events Committee)
a $200.00 for attendance under 300
❑ $400.00 for attendance over 300
Total: $ 2 7 C
By submitting a signed application, the applicant certifies that fa ng an ormation on this application constitutes cause for rejection or
revocation of the Permit.
KCV yica
Print Applicant's Name
pplican ure
FC6, /IS'
Date r
Page 82 of 265
6-1 Special Events/Permits
C
EVENT DESCRIPTION
PLEASE DESCRIBE YOUR EVENT IN DETAIL ADD ANY ADDITIONAL INFORMATION OR PAGES
• Please be sure to include any elements of your event that will help with the approval of the event.
o - p sily Ina u,✓iAmi
en -it 15A1✓ n / c - 774- S 7)1 c t"
►� beer
4-ec,1 / 3, pf, /s, it
o1Q r le"
S 30
l - ek r G 1.11: wC 1Q.
S Ast
- w; 11 r? eel y
UsIN�
S2rcIG
-7: v 2
F f�GL rs
I-G al 04,1 fl L 4 SL ,s GG
K/0„, k Pti-(6
A 14de
/414.1a G / Otf I
SAS t. 3
4 I '
Page 83 of 265
6-1 Special Events/Permits
DETAILED SITE MAP
PLEASE INCLUDE OR ATTACH A DETAILED SITE PLAN AND/OR ROUTE MAP. COMPUTER OR
HAND -DRAWN SITE PLANS ARE APPROPRIATE. Be aware that if you are faxing a map, many
elements may not be visible.
Your map should include:
The names of streets, placement of barricades, and/or road closures
The areas where participants and vendors/merchants will park
Parade forming and disbanding areas, bleachers, etc.
Vendor and booth placement, tables, etc.
U Portable Toilets, fencing
Location of Security Personal, information booth, lost and found booth
Ll Stage, Tents and materials, storage, etc. used in the event.
North
T
6
Page 84 of 265
6-1 Special Events/Permits
DETAILED SITE MAP
PLEASE INCLUDE OR ATTACH A DETAILED SITE PLAN AND/OR ROUTE MAP. COMPUTER OR
HAND -DRAWN SITE PLANS ARE APPROPRIATE. Be aware that if you are faxing a map, many
elements may not be visible.
Your map should include:
/ The names of streets, placement of barricades, and/or road closures
The areas where participants and vendors/merchants will park
Parade forming and disbanding areas, bleachers, etc.
• Vendor and booth placement, tables, etc.
ri Portable Toilets, fencing
IK Location of Security Personal, information booth, lost and found booth
ri Stage, Tents and materials, storage, etc. used in the event.
North
i
Page 85 of 265
6-1 Special Events/Permits
6
SPECIAL BUSINESS EVENT LIST OF VENDORS
(MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT)
5.09.030 Sales Tax Collection.
A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all
vendors either:
1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or
2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the
licensee's sales tax license.
NAME OF EVENT:
vl)-6s vck.s
DATE(S) OF EVENT:
4r:1 l3-1t,..)/u
BUSINESS NAME
OWNER'S NAME, ADDRESS, PHONE #
ITEMS TO BE SOLD
TEMPORARY SALES TAX
LICENSE NO./SALES TAX
ID
C.I1'4f
[NAIL-111j 303- .8'11- — 2`l,/3
pi4SSR6.
71-fr 4PV
I t ✓atitA Las
TV r/AT-14-
,,, D A41 S 30 3. co 4 . b �'s�i
EL Cbylliv
liL`3 S
$ + L 71 va ri
14_„ ,.
S , M , . n '1 D 3. 6 i,/. lJ rci l-
IS ( iGl"
✓nCc- trA-y✓!c-
09/08/03
Page 86 of 265
SPECIAL BUSINESS EVENT LIST OF VENDORS
(MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT)
5.09.030 Sales Tax Collection.
A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all
vendors either:
1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or
2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the
licensee's sales tax license.
NAME OF EVENT:
YR d 114 if.. b (4- S
DATE(S) OF EVENT: 471 r ( 13 - C` id i Y
BUSINESS NAME
OWNER'S NAME, ADDRESS, PHONE #
ITEMS TO BE SOLD
TEMPORARY SALES TAX
LICENSE NO./SALES TAX
ID
09/08/03
Page 87 of 265
Moab Rocks 2018 Registration
Beer Garden
April 13th, 2018
Swanny Park
5:00 PM - 7:00 P
11M
4 Foot Fence
Tents
Tables and Chairs
Page 88 of 265
Re• istration Tents
Moab Rocks 2018 - Swanny Park
Beer Garden:
April 13th - 16th, 2018
5:30 PM - 7:00 PM
Massage:
April 14th -16th, 2018
2:00 PM - 8:00 PM
4 Foot Fence
Tent
• Tables and Chairs
City of Moab
APPLICATION FOR THE
SPECIAL USE OF CITY PARKS
Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the
public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to
approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the
community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be
submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled
event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate
fee, provided for in the Schedule of Fees.
PLEASE PRINT OR FILL ELECTRONICALLY
Applicant Information
Name of Person Responsible for Use of Park: ,'E1I•V /4'. 0 i% •V A L O
Name of Organization and Event if applicable: T izAe/ s g.:Gkr; s v ; -P
Address' 1 0 W( w • Car~ FR% //VC k l Sll L1�1�[-ice � � � c
b 2 C
Day Phone: `�°1 ] 7 °? �"}- Email: �.�r;^ F? •�r�r3 r � �-%.r� c � ••-,
Proposed Park Usage Information
Which park to you intend to use? Swanny Park: Other (please indicate name of park.
Please indicate the proposed dates and times of use:
Proposed Start Date: —
i3 Start Time: am/ rr End Time. TO'? am/
Proposed End Date: Start Time: °4'? am0 End Time. Qa am
r/ M Et f 4,/9Neal / 4 a- g
Please specify what areas of the park are proposed for use.
WI)SAn SJ0"JO/Ai r!AtA/A4
For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to
be used. Show locations of all structures and facilities.
Number of participants you expect: l e° Number of spectators that you expect: = a
Please describe structures, I tents, canopies, portable restrooms, etc. that you propose to set up at the park:
15D tee-'- U � 4c ,e-I a ri,r, �t'+C t t — 0 .,:. 1 t7 ra? P J f Th
Will amplification be required for your event? Yes / No
Please specify any electrical needs for your event: /a / A
Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control
devices, use of volunteers, etc. should jbe described. / 1
1/1 �v r I' t% .i L iY C C T Lr L, n� 4 s / .t / e 4 f i r4 S 7
If you anticipate any street closures for your event, please describe below, and show on the accompanying
diagram.
iv I A
PLEASE COMPLETE OTHER SIDE
Page 90 of 265
Page 10 of 26
6-1 Special Events/Permits
Do you intend for the park to be open to the public during your event? Yes No
Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes / No
For non-Swanny Park events: Do you plan to charge for admission to the park? Yes
Please describe any security or crowd control measures you plan for use of the park:
7A c Ff cc-4- F esc F ticC, 6 km Lit 2 p4-)r
For groups over 100 people, please describe your refuse control and recycling plan:
TY/! SN g C e yc err✓E 6 i A, 11
Please describe your clean-up plan during and after the event:
S I 'i % Lox ak-r . 0,e a- le—)1t/ f A /4"f1 r
Please describe your restroom facility plan:
or b F SiliVG re:f74 M3
i
No
611 v T
VLVvt'
F Esc. IN 6- 1.CP T
t f r
D1C
7� I LC T.S F2�-►
I
Other Information
Please describe how your organization, your event, and/or your use of the park will provide broad -based
benefits to the community:
1>41Lte P�cr1
i 12- 4 r c 1K r �
/Y1 f-7,1.n ,✓ A--A✓GE
Please specify and describe other community or city facilities that you plan to use:
tv/A
fill -PP LE
w� L� F 11 Pavt /'i ° 4g
K C A L Taei-1 c. 1-ry
Have you applied for a Special Event Permit for this use? Yes No
Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No
I certify that the information contained in this application is true and correct. I agree to abide by the City of
Moab Parks Policies and any condition to this permit.
Signature of Contact Person:
Date- TY1-v.." ' 17 /
Public Works Review: Police Department Review:
Administrative Review -
Park Use Fee: Date Fee Paid: Date of City Council Approval -
Insurance Received: Final Set up Diagram Received.
Special Conditions or Requirements:
Other Required Permits and Approvals
Page 91 of 265
Page 11 of 26
6-1 Special Events/Permits
I
Swanny Park
1\
400N0/7h SITEVI
3 Picnic Tables
Aquatic Center
ParkDai/a
Outdoor
Swimming
Pools
6 Covered Picnic Tables
.:�
\\\\\\\\\\\
100 50
N
SCALE
0
100
700 !West Street
1
200
1" = 100'
FEET
To Main St.
One Block
-P.-
43--a
Page 92 of 265
Page 12 of 26
6-1 Special Events/Permits
DATE PAID:
AMOUNT PAID:
RECEIPT NO.:
CITY OF MOAB
RETAIL BEER* LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: C1TYOF MOAB
0 CLASS I FEE:
0 CLASS II FEE:
O PRIVATE CLUB
O CtLASS III FEE:
CLASS IV FEE:
LICENSE #:
$200.00
$200.00
$720.00
$90.00
$90.00
APPLICANT'S PERSONAL INFORMATION
FULL NAME:
HOME ADDRESS:
/41. ✓►t L O i ,v 4 v0
1 i7 ler vot IQ l et0
HOME PHONE:
CITY: C-ka A9 i aG STATE: 4-0
SOCIAL SECURITY NUMBER: DATE OF BIRTH: _
DRIVER LICENSE NUMBER & STATE:
Y/ 3 • '-f 3 °PI 31
ZIP: Tl / it
BUSINESS INFORMATION
BUSINESS NAME: TQ Ar1 r 2 3 (44CE us L P SALES Tax ID #: 13 S 0 51 1--P
BUSINESS ADDRESS: 1 <-{Y D S- IN • C 0 (- f Aj4 ✓i" 4 *- !TV BUSINESS PHONE: Li 0 3, L0-. 4 S 3 1-
BUSINESS MAILING ADDRESS: CITY: LA -Kew Da p STATE: G 0 ZIP: Go y0
WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE
LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS!
CONTACT THE STATE NOVA!
THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE)
1.
❑ CLASS I
O CLASS II
❑ PRIVATE CLUB
O CLASS III
2 LASS IV
Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and
in original containers, for consumption on or off the premises, in accordance with the Liquor
Control Act and the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises
for consumption on the premises, in accordance with the Liquor Control Act and Ordinances
of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose
primary purpose is the dispensing of food.
Same conditions as Class I and Class II Beer Licenses.
Retail License shall entitle the Licensee to sell Beer on the premises licensed in original
containers, for consumption off the premises in accordance with the Liquor Control Act and
the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and
in original containers, for consumption on the premises in accordance with the Liquor Control
Act and the Ordinances of the City limited to the dates specified.
Will you allsp serve liquor, wine or heavy beer (over 3.2% by weight)?
O No OYES (Requires 'Local Consent' approved by City Council prior to State approval.)
2. List brands of beer proposed to be sold by the applicant within the City of Moab:
D q>2 kw) PI+N r
`Beer application is for 3.2% by weight only. Also requires a State license.
09/21/05
Page 93 of 265
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6-1 Special Events/Permits
3. Hire you ever been convicted of any offense other than a minor traffic violation?
rUrflo ❑ YES (If yes, list offenses along with an explanation. Include locations and dates.)
4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State
of Utah if required for Class 1, II, Private Club and Class IV.
Class 111 Applicants MUST contact the Moab City Police Department License Investigator as soon as
possible to be fingerprinted and photographed. A background check is also required.
THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN
APPOINTMENT.
HEALTH INSPECTOR
(435) 259-5602
575 Kane Creek Blvd
DATE OF INSPECTION
APPROVED In DISAPPROVED In
REASON:
SIGNATURE
MOAB CITY COUNCIL
AGENDA DATE:
❑ APPROVED
❑ DISAPPROVED
REASON(S):
SPECIAL CONDITIONS:
Page 94 of 265
Page 23 of 26
6-1 Special Events/Permits
CLASS IV SPECIAL EVENT BEER LICENSE
SUPPLEMENTARY INFORMATON
1. Please specify the dates, times, location, nature and description of the proposed event:
13 l k Gr s -1 h c, 0 f1 of Ag0 tv-t
inn,/wThf^/
11-pi3O 13 - 14/ 21►( i s-3��..h - -3�P,,
LA/ Arr✓' t I rf 1042r�
A4-tcr ;-
2. Please provide a floor plan or detailed description of the following:
a. The sites from which you propose that beer be sold or served, including all dispensing points.
Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the
sale of beer;
b. The areas in which you propose that beer be allowed to be consumed;
3. Please state the purpose of the association or entity conducting the event:
717 u IS,,.,
4. I 14: Elfin/ rvi`',DA/ 4.0 hereby grant Moab City Officials, including but not limited to, law
enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of
this event, during the event to take place on 13 , starting at 5 3 4) PM, and located at
�✓/1-r/,,1 y r/m_k for purposes of monitoring compliance with all license terms
and City ordinances.
SIGNED:
STATE OF UTAH
COUNTY OF GRAND
}
}
}
SS
DATE: 1—)41,✓ , [ 6 /tY
SUBSCRIBED AND SWORN TO BEFORE ME BY ;ei lei /46 DGNOV
THIS jk:, DAY OF JC�G1 (2401 y
" COMM. #2200817
NOTARY PUBLIC- CAUFORNIA F;
SAN DIEGO couNre _
E I Commission Expires 06/09/2421
5
ON
NOTARY PUBLIC
Page Z5 eN5
6-1 Special Events/Permits
RETAIL BEER LICENSE APPLICATION
Submit completed application and attachments to the City Treasurer for processing.
The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32,
Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully
complied with the Utah Liquor Control Act.
This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business
beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned
applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply
with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission
adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully
comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of
excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising,
and regulation 5 relating to unfair competition and unlawful practice.
76//tTh
Applicant's Signature
STATE OF UTAH
COUNTY OF GRAND
/-4[ 7)r>//V-vecl , being first duly sworn, on his/her oath deposes and says: That
he/she is the applicant above named; that he /she has read the foregoing application, and knows and
understands the contents thereof; that the same is true to his/her own knowledge.
Subscribed and sworn to before me on this a> day of J 4/4 02e)(E'
NorAsCOMgy pRMA
o 9uC �cg87elo �7-paaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
Page 96 of 265
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6-1 Special Events/Permits
CITY OF MOAB
INFORMED CONSENT AND RELEASE OF LIABILITY
In connection with my application for a Beer License with Moab City, I hereby authorize the forenamed
agency as well as the Utah Bureau of Criminal Identification to investigate my past and present work,
education, and law enforcement records to ascertain any and all information, which may be pertinent to
licensing regulations. I do hereby release all person, firms, agencies, companies, groups or installations,
whomsoever, from any damages of/or resulting from release shall function as an original.
Sig attire of Applicant
Print Name of Applicant
Print Nam
04 41/V
Witness
State of 14talz
County of 30._(\ )
On the ' (q day of 1-0_r-1Boa` % �, personally appeared before me
VAL)/Il _
I r ?� I�who duly acknowledged to me that they executed
e same.ame. "` �"
u-44-).-v. l ( // (1'
Date
4ate40b
KATHERINE ANN HOWE
Notary Public - California
San Diego County
Commission N 2200702
My Comm. Expires Jun 9, 2021
My Commission Expires:
0( , I
Nary Public
Residing in:
County
Page 97 of 265
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6-1 Special Events/Permits
" . . - . "
S I N G L E E V E N T P E R N I I T `
L o c a l " C o n s e n t
P U R P O S E : L o c a l b u s i n e s s l i c e n s i n g a u t h o r i t y p r o v i d e s w r i t t e n c o n s e n t t o t h e A l c o h o l i c B e v e r a g e C o n t r o l
C o m m i s s i o n t o i s s u e a n e v e n t p e r m i t t o a n o r g a n i z a t i o n f o r t h e p u r p o s e s o f s t o r a g e , s a l e , o f f e r f o r s a l e , f u r n i s h , o r
a l l o w t h e c o n s u m p t i o n o f a n a l c o h o l i c p r o d u c t o n t h e e v e n t p r e m i s e s
A U T H O R I T Y : U t a h C o d e 3 2 B - 9 - 2 0 1
L I l l O F e t o / t B , [ ] C i t y [ ] T o w n [ ] C o u n t y
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[ j N o t p r o v i d i n g a r e c o m m e n d a t i o n
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