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HomeMy Public PortalAboutPKT-CC-2015-04-28Moab City Council April 28, MI5 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Agenda Community Meetings Apr 2015 (Mountain Time) Mon Tue Wed Thu Fri Sat 29 L 30 l 31 l 1 l 2 3 5:30pm - MMAD n l 5 7 110 l 11 2pm - USU Moab 4pm - GCWB @ 182 6pm - GCAB @ 125 E 3pm - Moab Valley 04pm - GC Council 5pm - KZMU Board 5:30pm - Old 12pm - Housing 6pm - GCPC @ 125 E 5:30pm - Grand 6pm - Thompson 7pm - Castle Valley 7pm - Moab City 7pm - Thompson 10am - GCHPC @ F12 03 114 [ 15 L16 [17 [18 12:30pm - GCCOA @ 7pm - GWSSA @ 530 12pm - Trail Mix @ 3pm - MATCAB @ 3:30pm - Grand 6pm - Grand County 6pm - Grand County 06:30pm - Moab 6pm - Grand County 6pm - Grand County 6:30pm - Castle 7pm - Grand Water l 19 l 20 l 21 l 22 l 23 [ 24 l 25 4pm - GC Council 6pm - GCPC @ 125 E 5:30pm - Canyonlan 7pm - Moab City [26 l 27 1 28 l 29 [ 30 [ 1 MTPSC @ 125 E 6:30pm - Moab City 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, April 28, 2015 at 6:30 p.m. ..........................................•••••••••••••••••••••••••••• 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 March 20, 2015 1-2 March 24, 2015 1-3 April 9, 2015 1-4 April 14, 2015 CITIZENS TO BE HEARD DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department PRESENTATIONS AND PROCLAMATIONS 4-1 Presentation by Todd Thorne, Community Development Block Grant and Revolving Loan Fund Manager for the Southeastern Utah Association of Local Governments 4-2 Presentation from Lloyd Pendleton Regarding the Homeless PUBLIC HEARING (Approximately 7:15 PM) None SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Moab Area Chamber of Commerce Winter Light Parade and Tree Lighting. Located at Swanny City Park on December 5 and 6, 2015 6-1.1 Approval of a Special Event License for the Moab Area Chamber of Commerce for the Winter Light Parade and Tree Lighting 6-1.2 Approval of a Fee Waiver for the Moab Area Chamber of Commerce for the Winter Light Parade in an Amount Not to Exceed $90.00 6-2 Rule the Rocks: Skateboard and BMX Competition, Located at the Skate Park and Swanny City Park on May 29, 2015 Agenda 6-2.1 Approval of a Special Event License for Rule the Rocks to Conduct a Free Skate and BMX Competition With an Anti - Tobacco Message 6-2.2 Approval of a Special Use of Swanny City Park by Rule the Rocks 6-3 Approval of a Class II Retail Beer License and Local Consent for Jorge Hernandez d.b.a. El Charro Loco, Located at 812 South Main Street 6-4 Approval of a Class II Retail Beer License and Local Consent for Jessica Cengiz d.b.a. Devran's Mediterranean Restaurant, Located at 60 North 100 West 6-5 Approval of a Class IV Special Event Beer License and Local Consent for Michael Miller d.b.a. Moab Brewery to Conduct a Beer Garden at Swanny City Park During the Moab Arts Festival 6-6 Approval of a Fee Waiver for Canyonlands PRCA Rodeo in an Amount Not to Exceed $285.00 6-7 Approval of a Fee Waiver for the League of Women Voters in an Amount Not to Exceed $380.00 SECTION 7: NEW BUSINESS 7-1 Approval of Proposed Ordinance 2015-05 — An Ordinance Amending the City of Moab Municipal Code, Chapter 17.33, FC-1 Flood Channel Zone, Specifically Referencing Fencing, Structures for Public Transportation, Vegetation and Penalties 7-2 Approval of Proposed Resolution #15-2015 - A Resolution Accepting the Municipal Wastewater Planning Program Annual Self -Assessment Report For 2014 7-3 Approval of a Fiscal Year 2015 Source Grant Agreement for a Water Quality Hardship Grant from the State of Utah Division of Water Quality SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda MOAB CITY COUNCIL SPECIAL MEETING March 20, 2015 Moab City Council held a Special Meeting on the above date at the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 10:00 AM. In attendance were Councilmembers Kirstin Peterson, Kyle Bailey, Heila Ershadi and Gregg Stucki. Also in attendance were City Recorder/Interim City Manager Rachel Stenta, Deputy City Recorder Danielle Guerrero, Police Chief Michael Navarre, Public Works Director Jeff Foster and Economic Development Director Kenneth Davey. Councilmember Peterson moved to Approve Resolution #11-2015 — A Resolution approving the City Manager Contract. Councilmember Ershadi seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to adjourn the Special Meeting. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the Special Meeting at 10:20 AM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder/Interim City Mgr. SPECIAL MEETING & ATTENDANCE RESOLUTION #11-2015 - APPROVING THE CITY MANAGER CONTRACT - APPROVED ADJOURNMENT Page 1 of 1 Agenda MOAB CITY COUNCIL REGULAR MEETING March 24, 2015 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were Interim City Manager Rachel Stenta, Deputy City Recorder Danielle Guerrero, City Treasurer Jennie Ross, Police Chief Mike Navarre, Public Works Director Jeff Foster, Engineering Assistant Eric Johanson and Planning Director Jeff Reinhart. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Thirteen (13) members of the audience and media were present. Councilmember Stucki moved to approve the minutes of January 27, February 20, February 24, and February 26, 2015. Councilmember Peterson seconded the motion. The motion passed 5-0 aye. Under Citizens to be heard, Michael Johnson stated he was concerned about illegal overnight rentals and new Hotels coming to town. Mr. Johnson stated he would like to set up a time to meet with the City Council to voice his concerns. Mayor Sakrison stated that three hotels have submitted plans and have been approved for construction. Councilmember McElhaney stated there had been thirteen letters sent to reported illegal overnight rentals. A Community Development Department Update was not given. Under Engineering Department Update, Engineering Assistant Eric Johanson gave an updated progress report on the 500 West project, Lions Park and Entrada Moab. Under Planning Department Update, City Planner Jeff Reinhart gave an update on the General Plan, Affordable Housing Ordinance, FEMA rating and illegal nightly rentals, stating that he had spoken with the new City Prosecutor about the illegal nightly rental issue. A Police Department Update was not given. REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE March 24, 2015 Page 1 of 4 Agenda Under Public Works Department Update, Public Works Director Jeff Foster distributed pictures and gave an update on the 500 West Project and Lions Park. Councilmember Bailey moved to approve a Special Event Business License and Special Use of City Park Permit for Moab Rotary April Action Car Show, Located at Swanny City Park, April 24, 2015 with conditions. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to approve a Special Event Business License, Special Use of City Park Permit and a Fee Waiver not to exceed $390.00 for WabiSabi Free Lunch, Located at Swanny City Park on Mondays from April 6, 2015 to June 22, 2015. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve a Private Property Vendor License for City Market to conduct a Garden Center, Located at 425 South Main Street from March 17 to June 30, 2015. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve a Private Property Food Vendor License for Kim Kirks, d.b.a. CK Desert Ice LLC, Located at 89 North Main Street to Conduct a Shave Ice Business, March 26 to August 31, 2015. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve Task Order #15-01 with Bowen Collins and Associates, Inc. Approving the scope of services for a preliminary engineering report for the new Wastewater Treatment Facility in an amount not to exceed $165,210.00. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to approve the Fiscal Year 2015 Source Grant Agreement for a Water Quality Hardship Grant from the State of Utah Division of Water Quality. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve Ordinance 2015-02 — An Ordinance approving a Zoning Map amendment for property located at 889 North Main Street from R-2 to C-4 as referred to Council by the Planning and Zoning Commission. Councilmember McElhaney seconded the motion. The motion failed 2-3 with Councilmember McElhaney and PUBLIC WORKS UPDATE SPECIAL EVENT LICENSE, SPECIAL USE OF CITY PARK, APPROVED SPECIAL EVENT LICENSE, SPECIAL USE OF CITY PARK AND FEE WAIVER, APPROVED PRIVATE PROPERTY VENDOR LICENSE FOR CITY MARKET, APPROVED PRIVATE PROPERTY VENDOR LICENSE FOR KIM KIRKS, APPROVED TASK ORDER #15-01, APPROVED SOURCE GRANT AGREEMENT FOR WATER QUALITY GRANT, APPROVED ORDINANCE 2015-02, FAILED March 24, 2015 Page 2 of 4 Agenda Councilmember Stucki voting aye and Councilmember Bailey, Councilmember Peterson and Councilmember Erdhadi voting nay. Councilmember Bailey moved to table Resolution #14-2015 — A Resolution approving the Subdivision Improvements and Development Agreement and Conditionally approving the Final Plats for the "Entrada at Moab" Master Planned development Phases 1-3 on Property Located at 600 West and 400 North in the C-2, Commercial Residential Zone. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve Resolution #12-2015 — A resolution approving a petition to adjust a lot line between Lots 1 and 2, Block 5 of the Evans Subdivision. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to award the Medical Broker Services Proposal to Utah Local Governments Trust. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. There was a discussion regarding Planning Commission compensation and terms. Under Mayor and Council Reports, Councilmember Peterson stated that the monthly Grand Homeless Committee meeting would be on the fourth Wednesday at 1:00 PM. Councilmember Stucki stated that the Grand County Solid Waste District would be conducting final interviews tomorrow March 25. There was no Correspondence to be Read. Under Administrative Reports, Interim City Manager Stenta stated that the new City Manager Rebecca Davidson had signed her contract over the weekend and that transition meetings were beginning. Mrs. Stenta stated that the City Engineer Position will be closing on April 17th. Mrs. Stenta gave an update on the Waste Water Treatment Plant and on Special Events. Mrs. Stenta thanked Staff for all their hard work. No Report was given on City/County Cooperation. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $663,659.12. Councilmember Peterson seconded the motion. The motion carried 5-0 aye by a roll -call -vote. RESOLUTION #14-2015, TABLED RESOLUTION #12-2015, APPROVED MEDICAL BROKER SERVICE, APPROVED DISCUSSION MAYOR AND COUNCIL REPORTS READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS March 24, 2015 Page 3 of 4 Agenda Mayor Sakrison adjourned the Regular Council Meeting at 8:33 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder ADJOURNMENT March 24, 2015 Page 4 of 4 Agenda MOAB CITY COUNCIL SPECIAL MEETING April 9, 2015 Moab City Council held a Special Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 10:07 AM. In attendance were Councilmembers Doug McElhaney, Kirstin Peterson, Kyle Bailey, Heila Ershadi and Gregg Stucki. Also in attendance were City Recorder/Interim City Manager Rachel Stenta, Deputy City Recorder Danielle Guerrero, Planning Director Jeff Reinhart, Community Development Director David Olsen, Recreation Director Chad Wright, Aquatic Center Director Terry Lewis and Moab Art and Recreation Center Director Laurie Collins. No members of the audience and media were present. A presentation was made regarding the proposed 2015-2016 Fiscal Year Budget. Discussion followed between City Staff and the Governing Body. Mayor Sakrison adjourned the Special Meeting at 12:10 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder/Asst. City Mgr. SPECIAL MEETING & ATTENDANCE PRESENTATIONS AND DISCUSSION REGARDING PROPOSED BUDGET ADJOURNMENT Page 1 of 1 Agenda MOAB CITY COUNCIL REGULAR MEETING April 14, 2015 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were Interim City Manager Rachel Stenta, Deputy City Recorder Danielle Guerrero, City Treasurer Jennie Ross, Police Chief Mike Navarre, Public Works Director Jeff Foster, Community Development Director David Olsen, Engineering Assistant Eric Johanson and City Attorney Chris McAnany. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Twenty -Five (25) members of the audience and media were present. Councilmember Stucki moved to approve the minutes of February 5, February 6 and March 10, 2015. Councilmember McElhaney seconded the motion. The motion passed 5-0 aye. Under Citizens to be heard, Sarah Melnicoff stated she was upset about the trees in Lions Park. Ms. Melnicoff introduced Carry Jones who was homeless and is now housed at the Aspen Grove Apartments and is training with her and helping other homeless. Bill Love expressed concerns about the Steal Bender Trail that crosses Millcreek and asked the City to ask the BLM to analyze pollutions given the increased use. Kara Dohrenwend offered her help with the tree portion of the Lions Park Project and with the FC-1 Zone. Ms. Dohrenwend also expressed her concern of the increased number of semi -trucks parking overnight in town and that she would like signage. REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD Under Community Development Department Update, Community COMMUNITY DEVELOPMENT Development Director David Olsen gave an update on Lions Park trees, UPDATE stating there will be a total of eighty new trees planted. Under Engineering Department Update, Engineering Assistant Eric ENGINEERING UPDATE Page 1 of 4 Agenda Johanson gave an update on Entrada Moab. He also stated he would be meeting with Utah State University at 3 PM tomorrow to discuss the intersection at Mil!creek Drive and Highway 191. Under Planning Department Update, City Planner Jeff Reinhart stated he had attended and participated with the League of Women Voters speaking about Affordable Housing and gave an update on the Master Plan. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Jeff Foster gave an update on the Questar Project, 500 West Project, Lions Park Project and the Waste Water Treatment Plant. Mayor Sakrison presented the Mayor's Student Citizenship of the Month Award for March 2015 for Helen M. Knight School to Kaydance Knutson. Mayor Sakrison proclaimed April as Kay Stoye month in the City of Moab. Mayor Sakrison proclaimed April 24, 2015 as Arbor Day in the City of Moab. Audrey Graham gave a presentation thanking the City of Moab for use of the Center Street Gym for Toddler Gym time. Councilmember Bailey moved to approve a Special Business Event License for Canyonlands Rodeo Parade to conduct a Parade on June 6, 2015. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve a Special Business Event License for Cruise Moab 2015, Located at 1372 North Highway 191 to conduct a 4-Wheel Drive Event from April 29 to May 3, 2015. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Special business event License and Special use of Swanny City Park for Rockwell Relay — Moab to St. George Annual Road Bicycle Relay Race on June 11 and 12, 2015. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE SUTDENT OF THE MONTH PROCLAMATIONS PRESENTATION SPECIAL EVENT LICENSE, APPROVED SPECIAL EVENT LICENSE, APPROVED SPECIAL EVENT LICENSE APPROVED Page 2 of 4 Agenda Councilmember Ershadi moved to approve a Special Business Event License, Class IV Retail Beer License, Local Consent for a Single Event Permit for Eve Tallman on Behalf of the League of Women Voters and a fee waiver not to exceed $380.00 to conduct a reception located at the Grand Center on May 15, 2015. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve a Private Property Food Vendor License for Dwight Johnston, d.b.a. Popcorn Wagon located at 331 North Main Street to conduct a Kettle Corn Stand, April 15 to November 15, 2015. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Private Property Food Vendor License for Dustin Steele, d.b.a Steel Sun Fun Company located at 83 South Main Street to conduct a Shaved Ice Business, April 15 to September 31, 2015. Councilmember McElhaney recused himself from the vote stating that Dustin Steele was his nephew. The motion carried 4-0 aye. Councilmember Bailey moved to approve amplified music at Old City Park for MacArthur Lloyd on May 9, 2015. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to approve the donation of stolen and abandoned bikes to the Grand County School District. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve the Recreational Trails Program Grant application. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve proposed Resolution #14-2015 — A Resolution approving the Subdivision Improvements and Development Agreement and conditionally approving the Final Plats for the "Entrada at Moab" Master Planned Development Phases 1-3 on property located at 600 West 400 North in the C-2 Zoning District. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to approve proposed Ordinance #2015- 04—An Ordinance amending chapter 17.65, MPD Master Planned Developments by removing the development regulations from specific zones. Councilmember Peterson seconded the motion. The motion SPECIAL EVENT BUSINESS LICENSE, CLASS IV REATIL BEER LICENSE, LOCAL CONSENT AND FEE WAIVER, APPROVED PRIVATE PROPERTY FOOD VENDOR, APPROVED PRIVATE PROPERTY FOOD VENDOR, APPROVED AMPLIFIED MUSIC APPROVED DONATION OF STOLEN AND ABANDONED BIKES, APPROVED RECREATIONAL TRAILS PROGRAM GRANT APPLICATON, APPROVED RESOLUTION #14-2015, APPROVED ORDINANCE #2015-04, APPROVED Page 3 of 4 Agenda carried 5-0 aye. Councilmember Bailey moved to approve the revised Recreation Assistant job description. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve proposed Resolution #14- 2015 — A Resolution approving a cooperative agreement between the Utah Division of Water Rights and the City of Moab. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Mayor Sakrison led in a discussion regarding the Cinema Court Trail. Discussion followed. Councilmember Ershadi led in a discussion regarding the future. Discussion followed. Mayor and Council Reports were given during the Pre -Council Workshop. There was no Correspondence to be Read. Under Administrative Reports, Interim City Manager Stenta stated that City Manager Davidson will be meeting will all staff members during the first two weeks of May and that she is ready to hit the ground running. Mrs. Stenta gave an update on the Waste Water Treatment Plant Task Force and on the 100 West Trunk Line. Mrs. Stenta reminded City Council and Staff of the upcoming Budget meeting on April 21st at 4:00 PM. No Report was given on City/County Cooperation. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $428,427.98. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 8:48 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder REVISED RECREATION ASSISTANT JOB DESCRIPTION, APPROVED RESOLUTION #14-2015 APPROVED DISCUSSION REGARDING CINEMA COURT TRAIL DISCUSSION REGARDING THE FUTURE MAYOR AND COUNCIL REPORTS READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT Page 4 of 4 Agenda MOAB CITY COUNCIL SPECIAL MEETING April 21, 2015 Moab City Council held a Special Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 4:10 PM. In attendance were Councilmembers Kirstin Peterson, Kyle Bailey, Heila Ershadi and Gregg Stucki. Also in attendance were City Recorder/Interim City Manager Rachel Stenta, Deputy City Recorder Danielle Guerrero, Planning Director Jeff Reinhart, Planning Assistant/Zoning Administrator Sommar Johnson, Public Works Director Jeff Foster, Assistant City Engineer Eric Johanson, Economic Development Directory Kenneth Davey and Police Chief Mike Navarre. No members of the audience and media were present. A presentation was made regarding the proposed 2015-2016 Fiscal Year Budget. Discussion followed between City Staff and the Governing Body. Mayor Sakrison adjourned the Special Meeting at 6:30 PM. APPROVED: ATTEST: David L. Sakrison Mayor June 5, 2014 Rachel E. Stenta City Recorder/Asst. City Mgr. SPECIAL MEETING & ATTENDANCE PRESENTATIONS AND DISCUSSION REGARDING PROPOSED BUDGET ADJOURNMENT Agenda Page 1 of 1 MOAB CITY COUNCIL MEETING April 28, 2oi5 Agenda item #: 6-1 Title: Approval of a Special Event License for the Moab Area Chamber of Commerce for the 2015 Winter Light Parade and Tree Lighting and Request for Waiver of Special Event License Fee Fiscal Impact: This event utilizes city equipment and staff. Staff Presenter(s): Danielle Guerrero, Deputy City Recorder Department: Recorder Applicant: Moab Area Chamber of Commerce Background/Summary: This event is an annual community event, held in Moab for many years. The tree lighting itself is actually performed by the City of Moab, so no Park Use Permit for Swanny Park will be needed. This event has been well -coordinated in the past and there have been no problems. J Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the license. Recommended Motions: (1) "I move to approve the Special Event License for the Moab Area Chamber of Commerce for the 2015 Winter Light Parade and Tree Lighting. Attachment(s): Application materials Agenda DATE PAID: AMOUNT PAID: RECEIPT NO.: CrrY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 I FAX (436) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $90,00 LICENSE #: ZONE: NAME OF EVENT: Ci t' j Tr-r-r, M lif) -t-i r} a rl d. L frot-rj C, `--i e jla f auk-4 d 4_____, E DESCRIPTION OF EVENT: rFO( I d a i Pc-CK. _e 4' CR i-'L Tr-e, J Li ii H f1 y l / LOCATION OF EVENT: �("Ct rU- 10 r' et rG4i"-0 l r i'1 e !J PREMISES TO BE USED: ill a ( in sire-Q --- TEMPORARY STRUCTURES TO BE USED OF ANY): 1V/A DATE(S) AND TWOS) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: 1 5 d D cult, d . mac. z-5- EVENT SPONSORS NAME: hi ief b LIft(Liy)tje,„, of Comryyz'rc(2_, SPONSORS ADDRESS: a -1 U al-cll.-kw- cat • CITY: I1/2 ( a-6 SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: k% PHONE: � r ' g L� STATE: V 1-- ZIP: ',M 39 DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. i NE IYlt�uk� ChurY,l r PRINT NAMES) REBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HERESN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENT30NED LOCATION AND SPONSOR. dCLU)- State of Utah Sign; ure a Spansar ) SS County of Grand ) SUBCRIBED AND SWORN to before me this day of Date NOTARY PUBLIC JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm Expires Dec 11, 2016 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Agenda ATTACH SITE PLAN FOR THE EVENT GROUNDS OF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01/05 Agenda CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: �'m m gel 11. 09.22.0 )1 Mt) ❑ YES ❑ YES DATE: 4 -1 " F 14No [ISPNo NAME OF APPLICANT: hi 0 a 10 C,in CA VY1 be/ C OW) jy)6rU�ONE: -Z / APPLICANT'S MAILING ADDRESS: at r , Cen SoCITY: Y Y) Oak, STATE: U, ZIP: 5�45 32 NAME OF EVENT: E-4 U I_ c t -t-- Pavekft-e-. Tra, LOCATION OF EVENT: Ma .1 • akieun h !it t'Gl ✓� U ZONE: DETAILED DESCRIPTION OF SPECIAL EVENT: C D)),) tin i,(` / 'e/t/ QAM-- C( .1'(/ -1-r-ct • 06/16/05 Agenda EST, 1958 CHAMBER of COMMERCE April 6, 2015 Dear Moab City Council, The Moab Chamber of Commerce is once again planning the winter light parade for 2015. The parade will be held December 5, 2015. We ask that the event fee be waived, as this is a community event provided by volunteers and donations from local businesses. The Chamber would like to thank Moab City for their support that makes it possible to bring this event to the community. Thank you for your consideration of this matter. Sincerely, 6 -1 Jo ie Hu!7 entobler Executive Director Moab Chamber of Commerce iloab Chamber of Commerce, 217 E. Center St. #250 Moab, Utah 84532 phone: 435-259-7814 www.moabchamber.com Agenda f MOAB CITY COUNCIL MEETING April 28, 2015 / / Agenda item #: 6-2 Title: Approval of a Special Event License and Special Use of City Parks for Rule the Rocks Skate and BMX Competition Fiscal Impact: There will be little to no fiscal impact to the City for this event. No city services are being requested. Special Event and Park Use Permit fees should cover any costs associated with this event. Staff Presenter(s): Danielle Guerrero, Deputy City Recorder Department: Recorder Applicant: Utah Department of Health Background/Summary: In the past, this event was sponsored by the City of Moab in conjunction with the State of Utah Health Department's Tobacco -free Communities Grant. It is a bicycle and skate competition that is held at the City Skate Park. In addition to the competition, the event will provide information about the dangers of smoking to the target audience. The City's sponsorship in the past was paid for by this grant, which the city no longer receives. The Health Department is now the program sponsor. Given that this was previously a city - sponsored event, the City has reviewed and approved all participant waivers. The State of Utah has adequate insurance coverage as well. This is a not for profit event. The event is typically very well attended by local youth. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the license. Recommended Motions! (1) "I move to approve " Attachment(s): Application materials Agenda DATE PAID: AMOUNT PAID: RECEIPT NO.: A/%S f O I.° /so ao? CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 94532 (435) 259-5121 I FAX (435) 259.4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT PEE: $90.00 UcENSE ZONE: /l NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE uSED: Rule the Rocks: Skateboard and BMX Competition Free Skate and. BMX Competition with an anti -tobacco message Swanny Park - Skate Park Skate Park at Swanny Park TEMPORARY STRUCTuRESr0BEuSED (IF ANY): (4) Standard, weighted pop-up tents DATE(S) AND TIME(S) OF EVENT: Friday, May 29th 2015 4pm - 7 pm ANTICIPATED # OF EVENT PARTICIPANTS: 75 EVENT SPONSOR'S NAME: Utah Department of Health: TPCP c/o R&R Partners 801.746.5914 SPONSOR'SADDRESS: R&R: 837 E. South Temple CITY: SLC STATE: UT Zip: 84102 SPONSOR 5 DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: FED N YN# SPONSOR'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE W iLL BE DELAYED. INVE R& R Partners HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB PLEASE PRINT NAME{S} CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND 5WEAR UNDER PENALTY of LAW THE INFORMATION COt}LFrCrtCED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NONTRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPONSOR. gin ore of sponsor State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this / day of --NOTARY PUBLIC 4/10/15 Lisle NOTARY PUBLIC AARON ATKINSON 672519 COMMISSION EXPIRES DECEMBER 11, 2017 STATE OF UTAH SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Agenda ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF O APPROVED O DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED O NO ❑ YES AGENDA DATE: O APPROVED O DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDMONS: 07/0lro5 Agenda CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX; (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL. REVIEWED BY ZONING ADMINISTRATOR: �x1 s-r 16a 11.E ,Sao 12-EQWgq) ❑ YES No ❑ YES tii) No DATE: 1- ' 1 Ur 15 t. tat De044,,evt Hezt1f14 PCP NAME OF APPLICANT: (/0: R9$I. pavifru vs APPLICANT'S MAILING ADDRESS: A3 / e. Te�14491e PHONE: •g.0 7%./, S 714 CITY: STATE: 1 J+ ZIP: X Ili 0 NAME OF EVENT. IRu1,e_ I Wt- 11OC(<S {i LOCATION OF EVENT: ,S I!.uA, �j� GI C l `� U Pa v S K.otte. ✓.� {,i V �C ZONE: Skaf erce rk f SPec1AL WENT f DETAILED DESCRkPTION OF SPECIAL EVENT: . iS iS a S IcZt i-Q /DO-vCI y- 15/1/1 x C f yIM 1 1 C✓l , R4k.5 iimir.P 61orarkt c1) -iobac os _ventdi5+ mad-) �� -- risk )4e,c1-y[ 41 3rrass v6a-f-s lsevel- i451,1411,5 1nrUe u` �rr�i�r lit 5. je ckse -�1 pop-up +evri., 9- sow avkphried U>�►�do S�� u'� s1-12)4,5 a 3'36 ran, � ✓,�.� PiS ipA/ -7pym I,�e f.Veae4 � �v ihrlur��My p1Gk6,9 up-fvash• 0/16/05 Agenda 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 Name of Person Responsible for Use of Park: Rebecca Sedler Name of Organization and Event if applicable: Utah Department of Health: TPCP c/o R&R Partners Address. R&R: 837 E. South Temple, SLC, UT 84102 Day Phone: 801 _ 746 . 591.4 Email: becca. sedlerLrrpartners . com IiiimminiaL Proposed Park Usage Inforrnatioluill."11111.111! Which park to you intend to use? Swanny Park: x Other (please indicate name of park - Please indicate the proposed dates and times of use: Proposed Start Date: 5 /29 Start Time: 4pm am/pm End Time 7pm am/pm Proposed End Date. Start Time: am/pm End Time• am/pm Please specify what areas of the park are proposed for use- Skat epark 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. 75 Number of spectators that you expect: 15 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: (4) standard, weighted pop—up tents Will amplification be required for your event? Yes Yes No Please specify any electrical needs for your event: access to one standard electrical outlet Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. No additional parking, signage, traffic, or volunteers will be necessary If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. N/A PLEASE COMPLETE OTHER SIDE Agenda Do you intend for the park to be open to the public during your event? Yes x No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No x For non-Swanny Park events: Do you plan to charge for admission to the park? Yes Na Please describe any security or crowd control measures you plan for use of the park: N/A For groups over 100 people, please describe your refuse control and recycling plan: N/A x Please describe your clean-up plan during and after the event: Competition crew will pickup visible trash. Please describe your restroom facility plan: N/A Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: The Rule the Rocks competition is held annually and stops at four cities in Southern Utah. This is an opportunity for UDOH to speak to at risk youth about the dangers of tobacco use. The community will benefit from Pleasespecifya° striae tner co ac�ior ci lfrg reduc�d rate of tobacco use. �'de n e o er community or a�tYY face ! les hat you p an to use: N/A Have you applied for a Special Event Permit for this use? Yes x No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes x No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Digitally signed by Bead sedler Signature of Contact Person: 6N:cn=BeccaSedler,o,ou, 4/10/15 emai6absedleronmaiLmm, c=l1] Date Date: 2015.04,1013:66:48.06'00' Office Use Only Public Works Review- Police Department Review.. Administrative Review: Park Use Fee• Date Fee Paid- Date of City Council Approval: Insurance Received: Final Set up Diagram Received: Special Conditions or Requirements: Other Required Permits and Approvals Agenda Swanny Park 400North Street Aquatic Center Pao Drir e 0 Location of Pop-up tents overed t kandshvil i S b Covered Picnic Tables 3 Picnic Tables 100 50 0 100 200 N SCALE 1„ = 100' FEET 1 To Main St. One Biock Use of Park WO PPOSi Sheet Skate Agenda MOAB CITY COUNCIL MEETING April 28, 2oi5 Agenda item #: 6-3 Title: Approval of Class II Retail Beer License and Local Consent for Jorge Hernandez d.b.a. El Charro Loco, Located at 812 South Main Street Fiscal Impact: None Staff Presenter(s): Danielle Guerrero Department: Recorder/Treasurer Applicant: Jorge Hernandez Background/Summary: This locations is currently in business and has a Class II Retail Beer License. This is a change in ownership. The applicant will have to meet all applicable state regulations to be granted the license. Options: Approve, deny or table. Staff Recommendation: Staff recommends granting the Class II Retail Beer License. Recommended Motion: I move to approve (insert name of motion here). Attachment(s): Class II Beer Application Local Consent Agenda DATE PAID: AMOUNT PAID: RECEIPT No.: / SaS CITY OF MOAB RETAIL BEER' LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB © CLASS I FEE: CLASS II FEE: PRIVATE CLUB 0 CLASS III FEE: 0 CLASS IV FEE: LICENSE I$: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION 1 C FULL NAME: V �,) �P. HOME ADDRESS: SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER & STATE: \-\ t 1 f j 1 f l �� �J tL cITY: lr«, s 1,!) -, S DATE OF BIRTH: HOME PHONE:Iw7�2j 6 i - - t s3/ STATE: tuv ZIP: 1 tiG I — BUSINESS INFORMATION BUSINESS NAME: �\ N ul r r-c %_ ,, c. 0 pp'� SALEs TAX ID #: J / D a 3 i e / -0 0 1-. TC, BUSINESS ADDRESS: b ,. S f\Aw 1 i, S } - e BUSINESS PHONE: 4 j r� �.71-,t", ,c 8.M. BUSINESS MAILING ADDRESS: 4 \ � S, m LJ , r, S i CITY: N V,,,i., STATE: V1 ‘ ZIP: (?.1�3 D- WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) ❑ CLASS I CLASS II ❑ PRIVATE CLUB ❑ CLASS III ❑ CLASS 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 also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ No fil YES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: IAA CA 1C: / CGr 0V\d c.,) 'ir. i/o5 *Beer application is for 3.2% by weight only. Also requires a State license. 09/21/05 Agenda 3. Have you ever been convicted of any offense other than a minor traffic violation? No O 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 1,11, Private Club and Class IV. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED DISAPPROVED ❑ REASON: 2.0/ S MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: �1 r�---tom- Agenda 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. STATE OF UTAH : ss COUNTY OF GRAND Applicant's Signature ja * 0 e 11.4,td , 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 J day of JENNIE ROSS Notary Public State of Utah Comm, No. 661521 My Comm. Expires Dec 11, 2016 A�P r) 1 o /S Notary Public Agenda FULL -SERVICE RESTAURANT LIQUOR LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance reducing the proximity requirements AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 1 ' 7 0 4-11 , [City [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a full -service restaurant liquor license to: Business Name (DBA): 1. Ci\c-Akr f sc, lc_ v (..-() _ , Applicant Entity/Business usiness Owner: � �' ar---x) aq,1,; 1'r ,,,,A4') d� Location Address: �` ()'' J !\k 1v, SA Authorized Signature Name/Title Date LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408 DABC Local Consent 1/2012 Agenda MOAB CITY COUNCIL MEETING April 28, 2oi5 Agenda item #: 6-4 Title: Approval of Class II Retail Beer License and Local Consent for Jessica Cengiz d.b.a. Devran's Mediterranean Restaurant, Located at 60 North 100 West Fiscal Impact: None Staff Presenter(s): Danielle Guerrero Department: Recorder/Treasurer Applicant: Jessica Cengiz Background/Summary: This locations is currently in business and has applied for a Class II Retail Beer License before. This is a change in ownership. The applicant will have to meet all applicable state regulations to be granted the license. 1 Options: Approve, deny or table. Staff Recommendation: Staff recommends granting the Class II Retail Beer License. Recommended Motion: I move to approve (insert name of motion here). Attachment(s): Class II Beer Application Local Consent Agenda DATE PAID: AMOUNT PAID: RECEIPT No.: Iss CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB CI CLASS I FEE: CLASS II FEE: PRIVATE CLUB ❑ CLASS III FEE: ❑ CLASS 1v FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: \Cck,� S [ 1\ -�70 ,cam �t\ HOME ADDRESS: r v--r . ,4 44. Dr CITY: SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER & STATE: DATE OF BIRTH: 101,L.\PHONE: STATE: I K! A n ZIP: n zysic;. BUSINESS INFORMATION BUSINESS NAME: `� p �� BUSINESS ADDRESS: `C�11 NIA BUSINESS MAILING ADDRESS: (do (pO -cQ CITY: \ctd J SALES TAX ID #: BUSINESS PHONE: STATE: 0. ZIP: WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER` UNDER THE FOLLOWING LICENSE: (CHECK ONE) 1. In CLASS CLASS Ill ❑ PRIVATE CLUB ❑ CLASS III ❑ CLASS 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 11 Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve Iiquor, wine or heavy beer (over 3.2% by weight)? ❑ NO ❑ YES (Requires 'Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold bAy the applicant within the City of Moab: (L. a i sa • a • 0. 1 ID L 11J il`A� i 4 IM *Beer application is for 3.2% by weight only. Also requires a State license. Agenda 09/21/05 3. Have you ever been convicted of any offense other than a minor traffic violation? 'Tr -No D 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 I, ll, Private Club and Class IV. 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 REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Agenda 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 pr-ctice. r\ i STATE OF UTAH COUNTY OF GRAND ii1Lt 0 \ 1i \ Signature csL, ija-r 1C� r ['ett i z_ ,being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above n•Vmed; 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 17 day of JENNIE ROSS Notary Public State of Utah Comm. No, 661521 My Comm. Expires Dec 11. 2016 .. 2� Notary Public Agenda LIMITED -SERVICE RESTAURANT LIQUOR LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance reducing the proximity requirements AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 f 1 o a-10 , City [ ] Town [ ] County Local husiness license authority hereby grants its consent o the issuance of a limited -service restaurant liquor lice to: r�� Business Name (DBA): 1 G �S �� `�C '0,'C3» C co Applicant Entity/Business Owner: , 0\CC:1\ ( t \Z--, Location Address: �b� \� �� � R-- V�� ��n, a S-� Authorized Signature Name/Title Date LOCAL_ CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county forth is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408 DABC Local Consent (RL) 1 /2012 Agenda MOAB CITY COUNCIL MEETING April 28, 2oi4 Agenda ltem #: 6-5 Title: Approval of Class IV Retail Beer License and Local Consent for Michael Miller d.b.a. Moab Brewery to Conduct a Beer Garden during the Arts Festival, Located at Swanny City Park Fiscal Impact: None Staff Presenter(s): Danielle Guerrero Department: Recorder/Treasurer Applicant: Michael Miller Background/Summary: The Arts Festival has had a Beer Garden in the past with no known issues. This will fall under the Special Use of Swanny City Park permit for the Arts Festival. The City Special Events Committee has reviewed this application and recommends approval. Options: Approve, deny or table. Staff Recommendation: Staff recommends granting the Class IV Retail Beer License and Local Consent Recommended Motion: I move to approve (insert name of motion here). Attachment(s): Class IV Beer Application Local Consent Agenda DATE PAID: AMOUNT PAID: RECEIPT No.: CITY OF MOAB RETAIL BEER` LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: ❑ CLASS II FEE: ❑ PRIVATE CLUB ❑ CLASS III FEE: CLASS IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: M I atfreL AA4 f ! e'` HOME PHONE: 7-60 - SY3 y HOME ADDRESS: ! 2- k Crt-r" Dry: /\A hosv5 STATE: U! ZIP: S"15- 3Z SOCIAL SECURITY NUMBER: DATE OF BIRTH: _ DRIVER LICENSE NUMBER & STATE: BUSINESS INFORMATION BUSINESS NAME: AAcis 1 �-✓ L� �% SALES TAX ID #: BUSINESS ADDRESS: (c.Fc, BUSINESS PHONE: 2-67 63S.S. BUSINESS MAILING ADDRESS: SA M. k CITY: inp/F$ STATE: u'r ZIP: yys 3 Z WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) ❑ CLASS ❑ CLASS II ❑ PRIVATE CLUB 'CLASS III gCLAss 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 also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ No A YES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: C(.,-s:t� C42-6'--ic /N6--t y a644.00,4 v,A C414&z-NC-f LILY fz-e-0 • /LAPA-3 boo 1 . ce Kev),36-.. ,9C6 , � y'1 r re , 'Beer application is for 3.2% by weight only. Also requires a State license. to, 2 /05 Agenda 3. Have you ever been convicted of any offense other than a minor traffic violation? jp'No O YES (If yes, list offenses along with an explanation. Include locations and dates.) . • The Applicant MUST provide to'th6‘City of Moab a copy of the Criminal History Report.from the State of Utah if require8 for Class 1,11, Private Club and Class 1V.` `• _ • • • •.� _ r .. S: THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: ..s Agenda 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, STATE OF UTAH : ss COUNTY OF GRAND Applicant's Signature M c ( i1',1(�r ,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 at day of u AM, JElk. JENNIE ROSS Notary Public Slate of Utah Comm. No, 661521 My Comm. Expires Dec 11, 2016 E A-pri 1 ,O/� U Notary Public Agenda CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: m Ay 2 3iO d- rY1fri,t 2 - It pf" rb 6 Pn-t It Sw..iyv�y 1'4, ( r►v Pi- n eSt Sc -LSt moo¢.,+ I.0 [ nit 777 5 "e1 o,9.,ij+ rig-,r S WiLtA. /N Left% Aief7� 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: fr rS7?N(, A9y1/4 fAiallys/u,,.6 04 4-n Afe F3 rceS t7 Vig-L r � ,E-Xr96uwcu fi✓ t77,4 i?55t 4. I /A M+1/(y'L 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 Mr,/ 2.31'2 , starting at l 2 PM, and located at ,Sw►i-^,^'A-4-g for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: STATE OF UTAH COUNTY OF GRAND } ) SS DATE: SUBSCRIBED AND SWORN TO BEFORE ME BY Irf i c t4z( In THIS _d•- j DAY OF Pr() -a_ � -a s I .rrr JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 ! , /,5—. ON NOTARY PUBLIC Agenda FO�O 0 o r 3 Cok,,e.4- i4✓LcA SINGLE EVENT PERMIT Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission to issue an event permit to an organization for the purposes of storage, sale, offer for sale, furnish, or allow the consumption of an alcoholic product on the event premises AUTHORITY: Utah Code 32B-9-201 AA-0 ei-‘ , [City [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a temporary single event permit license to: Applicant Entity/Organization: Ni- °A-g }, ✓9-6c.a a.-2—j Event Name: PIA) 4-‘el 4.143 i--e-Si'1 v-tx - 56-1am avadoC-r---+ Event location address: On the w cite i1/4/ dates Street city stele zip day(s) of during the hours of 1 Z. Prq r t9a r -7 defmcd hours from —to Authorized Signature , 2c3r5 month , pursuant to the provision of Utah Code 32B-9. Name/Title Date Agenda AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 28, 2oi4 Agenda ltem #: 6-6 Title: Approval of a Fee Waiver for Canyonlands PRCA Rodeo Club to Conduct a Parade on June 6, 2015 Fiscal Impact: The fees paid for this event would cover only part of the costs associated with this event. If the Council waives the fees, the impact would be a loss to the City. Staff Presenter(s): N/A Department: Special Events Applicant: Canyonlands Rodeo Committee Background/Summary: The Rodeo Committee have requested a waiver/refund of their Banner Permit fees ($195) and their Special Event Fee ($90). A copy of the fee waiver policy is attached. Options: Approve, Approve with conditions, Deny or Postpone Staff Recommendation: There are costs associated with this event that would have to be absorbed by the City if the fee waiver is approved. Recommended Motions: "I move to approve (insert agenda item title here). Attachment(s): Letter from Canyonlands Rodeo Committee Copy of fee waiver policy Agenda Canyonlands PRCA Rodeo Club P.O. Box 1105 Moab, UT 84532 info@MoabCanyonlandsRodeo.com PRCA Rodeo March 19, 2015 City of Moab 217 East Center St. Moab, UT 84532 Dear City Council Members: I am writing on behalf of the Canyonlands PRCA Rodeo Club, requesting you consider waiving the fees normally associated for both the Rodeo Parade being held on June 6, 2015 and the banners being hung on Main Street. The Canyonlands PRCA Rodeo Event is sponsored in part by Grand and the Grand County Recreation Board. This event provides family entertainment to Moab City and Grand residents as well as visitors to our area. Thank you for your consideration. Sincerely, - .Th Marsha Leota Canyonlands PRCA Rodeo Club Executive Secretary County County Agenda City of Moab City Council Policy Regarding the Consideration of Fee Waiver Requests It is the general policy of the Moab City Council to not consider requests for fee waivers for city programs, services, permits and licenses. Further, the City Council has determined that exceptions to this general policy may be made at the sole discretion of the City Council, subject to certain conditions, as follows: 1. Requests for an exception to the fee waiver policy shall be made in writing at one month prior to the event or service for which the fee is charged. Such requests shall be submitted to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and the request will be considered as a request for a refund rather than a waiver. 2. The following fees are not subject to an exception under this policy: a. Fees related to public works, including but not limited to water and sewer fees, water and sewer impact fees, storm water drainage fees and solid waste fees. b. Fees related to planning and zoning, including but not limited to subdivision fees, annexation fees and permit fees. c. Fees related to recreation programs and services. d. Fees related to law enforcement, with the exception of traffic control and security fees associated with a special event. e. Fees related to alcohol. f. Other fees not provided for in this policy. 3. The City Council may consider an exception to the fee waiver policy for special -event - related fees, including special event permit fees, special event business license fees, park use permit fees, banner fees, and traffic control fees and security fees, if the organization requesting the exception meets at least one of the following criteria: a. The event, as its main function, is a fundraiser for a charitable organization that provides services to Moab residents. b. The organization sponsoring the event has in the past made and commits to continue to make in the future, a financial donation to the City that covers all or a portion of the costs associated with the event for which the organization is seeking an exception. c. The event organizer is a governmental entity. d. The event's primary purpose is to provide a school program or to benefit a school or school program. e. The primary purpose of the event is to provide a community -wide celebration or program that is offered free of charge to community members. f. The event is one that has been provided by the City in the past. 4. The City Council may consider an exception to the fee waiver policy for building permit fees only for requests made by Grand County or the City of Moab for county or city -owned facilities. / AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 28, 2015 Agenda item #: 6-7 / [Title: Approval of a Fee Waiver for League of Women Voters to Conduct a Convention on May 15 and 16, 2015 Fiscal Impact: There is little to no fiscal impact on the City for this event Staff Presenter(s): N/A Department: Special Events Applicant: League of Women Voters Background/Summary: The League of Women Voters have requested a waiver/refund of their Special Event Fee ($200), Transient Fee ($90) and Class IV Beer License Fee $90). A copy of the fee waiver policy is attached. 1 Options: Approve, Approve with conditions, Deny or Postpone Staff Recommendation: There little to no costs associated with this event. Recommended Motions: "I move to approve (insert agenda item title here). Attachment(s): Letter from League of Women Voters Copy of fee waiver policy Agenda March 30, 2015 Rachel Stenta Moab City Council 217 East Center Street Moab, Utah 84532 RE: Request for fee waivers • Special Event Fee: • Transient Fee: • Class IV License Fee: $200.00 $90.00 $90.00 Dear Ms. Stenta & Moab City Council, On behalf of the League of Women Voters of Utah and the League of Women Voters of Grand County, I would like to announce the Utah convention of the League, to be held in Moab on May 15 and 16. The May 15 reception will include educational speakers and social time, and is a fund-raiser for our local League. As you likely know, the League of Women Voters of Grand County is a non-profit organization that provides several services to Moab residents, including hosting the annual candidate forum, registering voters, and conducting research studies on issues of interest to Moab, Grand County, and Utah voters. Our fund-raising and state League event will take place May 15 at the Grand Center. The location makes it necessary to obtain the appropriate licensing permits to hold this event. Since the fees attached to these permits pose a significant obstacle to our ability to maximize fundraising efforts, I respectfully request that these fees be waived. Despite our opportunity to raise funds as we host the state convention, we also find many costs associated with bringing our members together and a fee waiver will go a long way toward moving our local League into the black for this event. I appreciate your support for the League of Women Voters of Grand County. Please let me know if I can be of further assistance in providing any other information that will help in making this recommendation. Eve Tallman On behalf of the League of Women Voters of Utah 261 East 200 South / Moab / 259-5639 / evetallman@gmail.com Agenda City of Moab City Council Policy Regarding the Consideration of Fee Waiver Requests It is the general policy of the Moab City Council to not consider requests for fee waivers for city programs, services, permits and licenses. Further, the City Council has determined that exceptions to this general policy may be made at the sole discretion of the City Council, subject to certain conditions, as follows: 1. Requests for an exception to the fee waiver policy shall be made in writing at one month prior to the event or service for which the fee is charged. Such requests shall be submitted to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and the request will be considered as a request for a refund rather than a waiver. 2. The following fees are not subject to an exception under this policy: a. Fees related to public works, including but not limited to water and sewer fees, water and sewer impact fees, storm water drainage fees and solid waste fees. b. Fees related to planning and zoning, including but not limited to subdivision fees, annexation fees and permit fees. c. Fees related to recreation programs and services. d. Fees related to law enforcement, with the exception of traffic control and security fees associated with a special event. e. Fees related to alcohol. f. Other fees not provided for in this policy. 3. The City Council may consider an exception to the fee waiver policy for special -event - related fees, including special event permit fees, special event business license fees, park use permit fees, banner fees, and traffic control fees and security fees, if the organization requesting the exception meets at least one of the following criteria: a. The event, as its main function, is a fundraiser for a charitable organization that provides services to Moab residents. b. The organization sponsoring the event has in the past made and commits to continue to make in the future, a financial donation to the City that covers all or a portion of the costs associated with the event for which the organization is seeking an exception. c. The event organizer is a governmental entity. d. The event's primary purpose is to provide a school program or to benefit a school or school program. e. The primary purpose of the event is to provide a community -wide celebration or program that is offered free of charge to community members. f. The event is one that has been provided by the City in the past. 4. The City Council may consider an exception to the fee waiver policy for building permit fees only for requests made by Grand County or the City of Moab for county or city -owned facilities. AGENDACITY COUNCIL MEETING APRIL 28, 2015 Agenda Item. #: 7-1 Title: Approval of Ordinance #2015-04 to Amend Chapter 17.33, FC-1, Flood Channel Zone, Specifically Referencing Fencing and the Protection of the Regulatory Floodway, as Referred to Council by the Planning Commission Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Background/Summary: Floodplain management is the operation of a community program of preventive and corrective measures to reduce the risk of current and future flooding, resulting in a more resilient community. These measures take a variety of forms, are carried out by multiple stakeholders with a vested interest in responsible floodplain management and generally include requirements for zoning, subdivision or building, building codes and special-purpose floodplain ordinances. While FEMA has minimum floodplain management standards for communities participating in the National Flood Insurance Program (NFIP), adopting higher standards lead to safer and stronger communities. State and federal agencies, local communities and property owners have roles in reducing flood risks. Many states provide strong model ordinances and communities adopt and enforce higher -standard building practices. Property owners elevate their homes and use other construction techniques to play a part in making communities safer and more resistant to flood disasters. Under the NFIP, development oversight is local. The National Flood Insurance Program regulations consist of minimum standards. How well a local jurisdiction manages its flood prone areas is of great interest to FEMA and adoption of addition development criteria helps in a better rating under the Community Rating System leading to better insurance rates for a community. The FC-1 Zone is a mapped regulatory floodway and because of this status certain requirements and restrictions are imposed to reduce losses caused by flooding. The restrictions include: 1. An engineered show of "no rise" in flood elevations is required for any development activity or structures including permanent fences. 2. Permits are required for activity within the floodplain and the our records must be produced upon demand. 3. Prohibit cumulative impacts on the floodplain that may lead to barriers and water course changes. 4. Required Inspection of projects. 5. Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from Agenda City Council April 28, 2015 Ordinance #2015-04 FC-1 Amendments which prior approval is required. 6. Control filling, grading, dredging and other development that may increase flood Damage. Page 2 of 3 The attached ordinance is a small part of the role that the city plays in flood damage reduction. Approval of the ordinance will remove temporary pens, corrals, coops, and specifically prohibit fencing six feet in height from the FC-1 Zone keeping these items from becoming downstream blockages. It also removes the keeping of animals as a redundant provision because underlying agricultural zones allow livestock as a use by right. The reference to Chapter 17.09, Supplementary Requirements and Procedures within Zones has been removed because the only reference to the FC-1 Zone is the prohibition of nighty rentals in 17.09.700, Residential short-term rentals prohibited. The attached draft of the ordinance indicates where the changes occur. On March 26, 2015, the public hearing for Ordinance #2015-04 was held in a duly advertised meeting before the Planning Commission. Approximately thirty people attended the meeting and the approved minutes are attached for your review. After a lengthy hearing, the Commission tabled any action on the ordinance until April 9, 2015 to obtain more information. The Commission further discussed the ordinance prior to voting to favorably recommend the ordinance to Council. No one appeared for the decision at the April 9 meeting. The Planning Commission was also provided with the attached regulations concerning compliance with the National Flood Insurance Program. Options: Council has several considerations to discuss. Council can: 1. Vote to send the ordinance to public hearing; 2. Adopt Ordinance #2015-04 and approve the text amendment removing the use of Master Planned Developments from all zones except the Sensitive Area Resort (SAR) Zone; 3. Vote to not adopt Ordinance #2015-04 and state the reasons; 4. Table the application until a later date and request additional information. Staff Recommendation: Staff recommends approval of Ordinance #2015-04. Recommended Motion: I move to adopt Ordinance #2015-04 as written. Attachment(s): Draft version of Ordinance #2o15-o4 showing changes Ordinance #2o15-o4 Additional information Agenda City Council April 28, 2015 Ordinance #2015-04 FC-1 Amendments Addendum: Page 3 of 3 ➢ There are differences between the floodplain and the flood zone. Floodplain is an area of nearly flat low-lying ground along the course of a stream, river, or coast that is naturally subject to flooding. ➢ Flood zones are geographic areas that FEMA has defined according to varying levels of flood risk. These zones are depicted on a community's Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map and each zone reflects the severity or type of flooding in the specific area. ➢ Floodway (or flood channel) A "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. ➢ Special Flood Hazard Areas (SFHA) are defined as "the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year." • The 1-percent annual chance flood is also referred to as the base flood or 100-year flood. • SFHAs within the city include Zones A, AE, and AO. • The city also has areas of Moderate flood hazard labeled Zone X (shaded) which are areas between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. • Minimal areas of flood hazard in the city are the areas outside the SFHA and higher than the elevation of the 0.2-percent-annual-chance flood. These are labeled Zone X (unshaded). ➢ Under the National Flood Insurance Program the term development is defined as "any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials." p:\planning department \2015\correspondence \p1-15-23 cc fc-I amendments.docx Agenda i DRAFT ORDINANCE #2015-05 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.33, FC-1 FLOOD CHANNEL ZONE, SPECIFICALLY REFERENCING FENCING, STRUCTURES FOR PUBLIC TRANSPORTATION, VEGETATION AND PENALTIES WHEREAS, the Moab, Utah (City) City Council ("Council") adopted the Moab Municipal Code ("Code") Title 17.00, Zoning, and especially Chapter 17.30 Flood Channel Zone, in an effort to facilitate the protection of life and property from damage because of floods; and, WHEREAS, the FC-1 Flood Channel Zone is the designated Regulatory Floodway and includes the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height; and WHEREAS, the City, through involvement in the National Flood Insurance Program (NFIP), must regulate development in these floodways to ensure that there are no increases in upstream flood elevations; and WHEREAS, from time to time, the Federal Emergency Management Administration (FEMA) has conducted hydrologic studies and presented the city with necessary changes to the boundaries of the Floodway that may or may not alter the boundaries of the FC-1 Flood Channel Zone; and, WHEREAS, over time, City staff has recognized that certain aspects of Code Chapter 17.30, FC-1, Flood Channel Zone, are not conducive to providing adequate protection from flood damage; and, WHEREAS, fencing in floodways, construction of public transportation structures, construction of barriers, removal or planting of vegetation in floodways, and enforcement and penalties are inadequately addressed in the existing text of the FC-1 Zone; and, WHEREAS, Staff has recommended the attached amendments to the FC-1 Zone; and, WHEREAS, the City of Moab Planning Commission ("Commission") in a public hearing held on March 26, 2015, reviewed the changes to Code text that references the Flood Channel; and, Agenda WHEREAS, the Commission found that adoption of the proposed language for the continued participation of the City in the NFIP was a great benefit to the residents of the City of Moab; and, WHEREAS, the Commission favorably recommends the new language to Council for review and approval; and, WHEREAS, Council reviewed Ordinance #2015-05 in a regularly scheduled meeting held on , 2015, to hear and decide the merits of the proposed change to Chapter 15.30, Flood Channel Zone, of the Code; and, WHEREAS, Council found that the changes will add to the welfare and safety of the residents and provide greater benefits to the residents of Moab.. NOW, THEREFORE, the Moab City Council hereby ordains that Chapter 17.30, FC-1, Flood Channel Zone shall be amended to read as follows: Sections: 17.33.010 17.33.020 17.33.030 17.33.040 17.33.050 Chapter 17.33 FC-1 FLOOD CHANNEL ZONE Objectives and characteristics. Use requirements. Area, width and location requirements. Supplementary regulations Enforcement and Penalties 17.33.010 Objectives and characteristics. The primary purpose of the FC-1 flood channel zone is to facilitate the protection of life and property from damage due to flood events by ensuring that the creek channel and adjacent overbank areas necessary to convey flood flows will be permanently kept free of encroachments. Lands within this zone are characterized by the primary creek channel and adjacent riparian fringes, which are free of buildings, fences, and fill embankments that are likely to be damaged or which will likely cause a restriction to the free flow of floodwaters during recurring floods. (Prior code § 27-12-1) 17.33.020 Use requirements. Only the following uses shall be permitted in the FC-1 flood channel zone: A. Agricultural uses, farming, truck gardening and the growing of nursery stock; Temporary corrals, pens and coops that will not impede the free flow of floodwaters in a significant way, and are sufficiently ancherol+„ resist nneve nen+ l y floodwaters; C. Fencing up to six feet in height provided that the requirements of paragraph 17.33.060 are met; C. The care and keeping of animals and fowl subject to the rules and regulations of the board of health; Agenda B. Revetments and other flood protection structures; C. Public parks, trails, and open spaceplaygrounds; D. Public transportation structures if "no rise" can be shown. 17.33.030 Area, width and location requirements. There shall be no regulations pertaining to area, width or location of building requirements in the FC-1 flood channel zone. (Prior code § 27-12-3) 17.33.040 Specific Regulations. The following use regulations shall apply: A. Fences. — Fences will be allowed only if it can be determined through an engineering study that they can satisfy a No -rise W).00') in the FEMA and Community BFE. Exception. An engineering study may not be required for fences such as a farm barbed wire fence that are constructed in a way that the fence will be pushed over or ripped out early in the flood or will swing in the direction of the flood flow. If "water gap" or "flood gate" styles of livestock control are utilized, an engineer shall be consulted for appropriateness of their use. . A,B. Planting or removal of trees and shrubs. — Deep-rooted vegetation within the flood channel provides critical protection against large scale erosion. However, dense stands of sturdy trees and woody shrubs can also obstruct the free flow of floodwaters. The best situation is scattered native trees with a dense groundcover of native shrubs and grasses that offer minimal resistance to the passage of floodwaters. No existing native vegetation shall be removed and no new trees shall be planted within the floodway without the written approval of the City Floodplain Administrator. For any clearing or revegetation activity, a stabilization plan is required to be submitted to the city for evaluation and approval by City Staff. &C. Floodway to be kept clear. — The presence of debris such as fallen trees and tree limbs, construction materials, vehicles, or similar uses, within the floodway represents a significant hazard to the community as the debris can be transported by the floodwaters and become lodged against one of the several bridges structures. The accumulation of debris or storage of materials is prohibited within the floodway. It shall be the property owner's responsibility to keep the floodway portion of their property free of any such materials. 17.33.050 Enforcement and Penalties No structure or land shall hereafter be constructed, altered, converted, or extended without full compliance with the provisions of this chapter and all other applicable regulations. Violations of this chapter by failing to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance through non-compliance with any of its requirements shall upon conviction thereof be fined not more than $ 1,000.00 or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Such associated costs may include attorney fees, all court fees, staff time, and shall include costs associated with the abatement of the violation. Such costs may include, but are not limited to, removal of all prohibited barriers, structures, or fill. Nothing herein contained shall prevent the City of Moab from taking such other lawful action as is necessary to prevent or remedy any violation. Agenda AND, FURTHERMORE, the Moab City Council hereby ordains that Chapter 17.06, Definitions, shall be amended to include the following term: Revetment. A wall or facing of stone, concrete, masonry, wood or other stabilizing material placed on the banks of rivers, streams or levees to protect them from erosion Effective Immediately Upon Passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of 1 Moab City C:nitncil nn ,2015, 2015. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder pAplanning department\2015\draft ordinances\draft fc-I changes2.docx Agenda Encroachments National Flood Insurance Program (NFIP) Policy Index • Definition/Description • NFIP Requirement • Other Applicable NFIP Regulations • Guidance • Related Keywords • Special Topic Resources Definition/Description Encroachments are activities or construction within the floodway including fill, new construction, substantial improvements, and other development. These activities are prohibited within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses that the proposed encroachment would not result in any increase in flood levels. The community is responsible to review and maintain record of the documentation demonstrating that any permitted floodway encroachment meets National Flood Insurance Program (NFIP) requirements. A "no - rise certification" for floodways may be used to document the analyses. NFIP Requirement 60.0 - Criteria for Land Management and Use • 60.3 (c) (10) - Cumulative Effects of Development • 60.3 (d) (2) - Floodway Adoption • 60.3 (d) (3) - Floodway Encroachment • 60.3 (d) (4) - Floodway Encroachments that Cause an Increase Other Applicable NFIP Regulations 65.12 - Revision of flood insurance rate maps to reflect base flood elevations caused by proposed encroachments Agenda Guidance IS-9 Managing Floodplain Development Through The National Flood Insurance Program (NFIP) (Pages 5- 21 to 5-24) (PDF 8MB, 1 MB) (entire document) Related Keywords Floodway No -rise Certification for Floodways Fill Special Topic Resources IS-9 Managing Floodplain Development Through The National Flood Insurance Program (NFIP) • Pages 5-23 to 5-24, Conveyance Shadow or Hydraulic Shadow • Pages 5-21 to 5-24, Encroachment Review Last Updated: 07/24/2014 - 16:00 Agenda ' IAR 2 5 2015 MTY OF Mc March 25, 2015 Moab Planning Commission 217 E. Center Moab, Utah 84532 Re: Proposed City Ordinance 2015-05 Attention Planning Commission Members: As a property owner who owns land on both sides of Pack Creek we strongly object to this proposed ordinance. We see absolutely no reason why we should have to go to the city for "Mother May I" permission to maintain our property. We keep our property in good order and utilize the creek bottoms for a variety of reasons. We do not need over regulation and threat of imprisonment from the city if we need to remove a tree from the creek. You want us to submit a "plan" to cut down a bush or tree? This is idiotic. Vegetation comes and goes constantly in the creek. What we do is really minor compared to Mother Nature. We have lived along Pack Creek for many many years. We know where the water flows and where it doesn't. We know where it is safe to store items. Seems like there is already laws regarding trash accumulation on your property. Again - we do not need the city regulating us on how we manage our property. NO FENCES??? Whose stupid idea is this? Fences are a necessary item on our property to contain our animals and keep out trespassers and squatters. Anyone who has built fences in the creek know they go down quickly in a flood and are never a hindrance. A smart person designs their fence to "give way" properly when a flood comes. This passage is totally objectionable. Since this ordinance makes absolutely no sense for flood control purposes, one has to wonder if there is a hidden agenda behind all this. What could it be? Let us guess - - - Why it is even written in the document — PATHWAYS ! ! There are local individuals who wish to push a pedestrian pathway up both creeks. They have for years. What can be done to help this along you ask? Hmm — let's control the vegetation so the parkway looks nice. Hmm — let's make sure there is no stuff in the creek that pedestrians on the pathway would find objectionable. And those pesky fences! Oh My Gosh - They cause an issue even trying to put a pathway in. But if we regulate them out, then the problem is solved. We can imagine your response already — "Oh we are not going to make you remove fences you already have". Yea — right. Five years from now we suddenly get a letter in the mail from the city citing this ordinance and telling us to remove the fences or go to jail. Not going to happen people. This is a poorly thought out, unnecessary ordinance, which is obviously not being done for any kind of flood control issue and we object to the city trying to over regulate and interfere with our lives and how we manage our land. You need to remember this is private property — not public domain. We do not need or want a walkway through our place. Do what you want on city owned property, but leave ours alone. David and Mary Engleman a z c a) 0 a Definitions of FEMA Flood Zone Designations Flood zones are geographic areas that the FEMA has defined according to varying levels of flood risk. These zones are depicted on a community's Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map. Each zone reflects the severity or type of flooding in the area. Moderate to Low Risk Areas In communities that participate in the NFIP, flood insurance is available to all property owners and renters in these zones: ZONE DESCRIPTION B and X (shaded) Area of moderate flood hazard, usually the area between the limits of the 100- year and 500-year floods. B Zones are also used to designate base floodplains of lesser hazards, such as areas protected by levees from 100-year flood, or shallow flooding areas with average depths of less than one foot or drainage areas less than 1 square mile. C and X Area of minimal flood hazard, usually depicted on FIRMS as above the 500-year (unshaded) flood level. Zone C may have ponding and local drainage problems that don't warrant a detailed study or designation as base floodplain. Zone X is the area determined to be outside the 500-year flood and protected by levee from 100- year flood. High Risk Areas In communities that participate in the NFIP, mandatory flood insurance purchase requirements apply to all of these zones: ZONE DESCRIPTION A Areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30-year mortgage. Because detailed analyses are not performed for such areas; no depths or base flood elevations are shown within these zones. AE The base floodplain where base flood elevations are provided. AE Zones are now used on new format FIRMS instead of A1-A30 Zones. A1-30 These are known as numbered A Zones (e.g., A7 or A14). This is the base floodplain where the FIRM shows a BFE (old format). AH Areas with a 1% annual chance of shallow flooding, usually in the form of a pond, with an average depth ranging from 1 to 3 feet. These areas have a 26% chance of flooding over the life of a 30-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones. AO River or stream flood hazard areas, and areas with a 1% or greater chance of shallow flooding each year, usually in the form of sheet flow, with an average depth ranging from 1 to 3 feet. These areas have a 26% chance of flooding over the life of a 30-year mortgage. Average flood depths derived from detailed analyses are shown within these zones. AR Areas with a temporarily increased flood risk due to the building or restoration of a flood control system (such as a levee or a dam). Mandatory flood insurance purchase requirements will apply, but rates will not exceed the rates for unnumbered A zones if the structure is built or restored in compliance with Zone AR floodplain management regulations. A99 Areas with a 1% annual chance of flooding that will be protected by a Federal flood control system where construction has reached specified legal requirements. No depths or base flood elevations are shown within these zones. High Risk - Coastal Areas In communities that participate in the NFIP, mandatory flood insurance purchase requirements apply to all of these zones. ZONE DESCRIPTION V Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a 26% chance of flooding over the life of a 30-year mortgage. No base flood elevations are shown within these zones. VE, V1- 30 Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a 26% chance of flooding over the life of a 30-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones. Undetermined Risk Areas ZONE DESCRIPTION Areas with possible but undetermined flood hazards. No flood hazard analysis has been conducted. Flood insurance rates are commensurate with the uncertainty of the flood risk. From FEMA Map Service Center: http://msc.fema.gov/webapp/wcs/stores/servlet/info?storeld=10001&catalogld=10001&langld=- 1&content=floodZones&title=FEMA%20Flood%20Zone%20Designations Agenda Floodway National Flood Insurance Program (NFIP) Policy Index • Definition/Description • NFIP Requirement • Guidance • Related Keywords Definition/Description A "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Communities must regulate development in these floodways to ensure that there are no increases in upstream flood elevations. For streams and other watercourses where FEMA has provided Base Flood Elevations (BFEs), but no floodway has been designated, the community must review floodplain development on a case -by -case basis to ensure that increases in water surface elevations do not occur, or identify the need to adopt a floodway if adequate information is available. NFIP Requirement 59.1 - Definition 60.3 - Floodplain management criteria for floodprone areas • 60.3 (c) (10) - Cumulative Effects of Development • 60.3 (d) (2) - Floodway Adoption • 60.3 (d) (3) - Floodway Encroachment • 60.3 (d) (4) - Floodway Encroachments that Cause an Increase Guidance IS-9 Managing Floodplain Development Through The National Flood Insurance Program (NFIP) (PDF 8MB, 1 MB) (entire document) Agenda " Pages 5-21 to 5-28 " Page 3-19 - Floodway Analysis Related Keywords " Encroachments " No -rise Certification for Floodways " Fill Last Updated: 07/24/2014 - 16:00 Agenda Stan Holland and Page Holland 1460 Overlook Rd. Moab, UT 84532 Home Phone: 435-259-5478 Cell Page: 801-201-4748 Cell Stan: 435-210-0817 moabpage@citlink.net stan@moabbit.com March 23, 2015 To: Moab City Planning and Zoning RE: Proposed Ordinance 2015-05 Our Family Partnership, SPAH Family Ltd. owns a farm of approximately 32 acres on Millcreek Drive. The farm is in the City limits of the City of Moab, it includes approximately 7 acres in the F-1 floodplain of Pack Creek. We actively farm this acreage and we have major concerns about the above referenced proposed ordinance. We have concerns both for our own land and how we use it and also for others in the Moab City Limits who own land in the floodplain. The Ordinance is much more restrictive than is necessary, and infringes upon our rights as land -owners to use our land. Section 17.33.020 Use Requirements states that Agricultural Uses is one of the allowed uses, but the further wording leaves out references to the word "Livestock". This is a historic understanding of Agricultural Uses, and keeping of livestock on agricultural land has always been allowed in this valley. The fact that other agricultural uses are spelled out, and that this is left off is incorrect. Item E under this section is of great concern. Fences are used to keep livestock in, to keep tresspassers out, to delineate boundaries and to limit liability to the public who may be unaware that they are trespassing on private land. Our farm's South boundary is adjacent to several subdivisions; Grand View Park, Canyon Vista and Wagner. We are also adjacent to the new Grand County Housing Authority apartment complex on Millcreek Drive on our Southeast boundary. We have been working to fence these boundaries because we have had ongoing problems with vandalism, fires, dumping and trespassing from our neighbors. F-1 Floodplains, as you know, have very limited uses because no buildings can be built in these areas. One of the allowed uses is agricultural, which has always included grazing. We need to fence animals in, but the proposed ordinance says "No Fencing, either permanent or temporary" is allowed. To ban any and all fencing is an unnecessary burden on land owners and creates multiple liability issues for us without good cause. It infringes on our rights to use land that is already limited in use. An ordinance this strict wouldn't allow chicken coops or bee hives. a -c c am 0 Q We have been working with Don Andrews with the US Department of Agriculture, Natural Resources, Conservation Services. He has sent us excerpts from a book on recommended fencing for floodplains. The book is called "Fencing" and is on its second printing in 1999. The book was developed in partnership with the BLM, The US Forest Service, The US Department of Agriculture, and the Society for Range Management. Four Federal agencies collaborated on best practices to fence all types of terrain that exist under these management agencies. We are making best efforts to comply with these designs on the fence we have built. Page contacted FEMA Map Specialist, Angela, in the department of Map Information Exchange. She emailed me a document titled "UNIT 5: THE NFIP FLOODPLAIN MANAGEMENT REQUIREMENTS" This document reviews the NFIP standards for floodplain development, including: ♦ What maps, base flood elevations and other flood data must be used, ♦ When permits are required, ♦ Ensuring that new development does not cause increased flooding elsewhere, ♦ Standards to ensure that new buildings will be protected from the base flood, and ♦ Additional requirements for certain types of development. This quote is from Section 5-23 of this document: re: Encroachments (which in this context is defined as ensuring that anything placed in the floodway does not cause problems elsewhere in the floodway) "Minor projects: Some projects are too small to warrant an engineering study and the certification. Many of these can be determined using logic and common sense: a sign post or telephone pole will not block flood flows. Barbed wire farm fences that will be pushed over or ripped out early in the flood may also be permitted without a certification; however, larger more massive fences could be an obstruction to flood flows and may require an engineering study and certification." Page has searched this document exhaustively, She searched the internet and have talked to FEMA Specialists. In not one instance have we found that FEMA discourages landowners having fences on their property in floodway zones. Our information indicates that only in cases that a fence is of a solid or semi -solid structure there is a concern, and much of that depends on exactly where the structure is in proximity to the water course. Page has spoken to FEMA Region VIII Mitigation Officer, Barb Fitzpatrick. It is my understanding that she is the Floodplain Manager for Utah. Barb stated that FEMA has no specific problem with fencing in F-1 areas as long as it does not have an impact on raising flood levels. She was not aware of any Technical Bulletins that FEMA uses for fencing, but is researching that. She was unaware of the book "Fences", but actually told me that she would like to find a copy. We do not understand why the City of Moab cannot adopt similar guidelines as those used by the BLM, Forest Service and USDA. City Planning and Zoning and the Grand County Building Inspector have blanket adoption of Uniform Building Codes that have been developed for all types of buildings. Fences are much simpler, so if there exist guidelines on best practices it makes sense that it should be the City Planning Department's job to know this. We realize floodplains are sensitive because of FEMA guidelines, but when we have asked how bridges and flood control projects are handled, we are told that Engineers' Studies are required and that as long as the Engineers report shows that the project does not increase the flood water levels, projects are approved. This begs the question that if a fence project is either of a nature described in the FEMA document, follows best -practice floodplain fence guidelines and if more than a simple barbed wire structure it also includes Engineers Certification of no rise, why would the City of Moab need to have a blanket ban on all fencing? It makes sense that if these conditions are met that floodplain fencing should be allowed. Another aspect of this ordinance states that no trees or shrubs can be removed or planted in the floodplain. We have been working with Rim to Rim Restoration for the past 6 years. They helped us clear a floodplain that was completely choked with dead trees, brush, invasive species, construction debris, garbage, tires and old vehicle parts. There literally were only three routes we could get through, partially by crawling, to get to the south boundary. We are finally at the point that the clearing is done, we are ready to re -plant some native trees and shrubs. How does this ordinance affect our progress? Do we really need to get another layer of permission to continue? The ordinance says that we would have to create a stabilization plan to do such activities. Do you know what that involves? I don't! I cannot imagine keeping the Russian Olive sprouts and Tamarisk under control if we cannot remove trees or brush without permission from the City of Moab. This provision is burdensome, unnecessary and counter -productive. We urge the Moab Planning Commission to make a strong recommendation that Ordinance 2015-05 NOT be passed by the Moab City Council. We think the Planning Commission needs to re -write this ordinance to include grazing and to adopt more sensible guidelines on fencing and tree removal/planting. Sincerely, 4 r D Page Holland Stan Holland Arta 11 r s 4/fi0 rM O/a,4' /, .xet �'`e'grPt 1'9 z a The certification must be supported by technical data, which should be based on the same computer model used to develop the floodway shown on the commu- nity's map. "NO -RISE" CERTIFICATION This is to certify that I am a duly qualified registered professional engineer li- censed to practice in the State of It is further to certify that the attached technical data supports the fact that proposed (Name of Development) will not impact the 100-year flood elevations, floodway elevations, or floodway widths on _ (Name of Stream) at published sections in the Flood Insurance Study for (Name of Community) dated (Study Date) and will not impact the 100-year flood elevations, floodway eleva- tions, or floodway widths at unpublished cross -sections in the vicinity of the pro- posed development. Attached are the following documents that support my findings: Date: Signature: Title: {SEAL} Figure 5-5: Example no -rise certification Although your community is required to review and approve the encroach- ment review, you may request technical assistance and review from the FEMA Regional Office or state NFIP Coordinator. If this alternative is chosen, you must review the technical submittal package and verify that all supporting data are in- cluded in the package before sending it to FEMA. Minor projects: Some projects are too small to warrant an engineering study and the certification. Many of these can be determined using logic and common sense: a sign post or telephone pole will not block flood flows. Barbed wire farm fences that will be pushed over or ripped out early in the flood may also be per- mitted without a certification; however, larger more massive fences could be an obstruction to flood flows and may require an engineering study and certification. A driveway, road or parking lot at grade (without any filling) won't cause an ob- struction, either. NFIP Requirements 5-23 Flood gates may have to be installed in low areas subject to flash floods. As with any fence on uneven terrain, it is often necessary to install one or more self-cleaning flood gates in high tensile wire fences crossing wash gaps. While various types of flood gates have been made of sheet metal, barbed wire, and even used automobile tires, economical and functional flood gates can be fabricated of one or more panels of pressure - creosoted boards held together with high tensile wire and staples, or with wood stays and galvanised nails. The panels can be fashioned to fit the contour of the slope on each side of the gap or segmented to swing only in areas subjected to flooding. The panels can also be suspended with loops of high tensile wire from a horizontal cable consisting of a doublewrap of high tensile wire strung between the line posts on either side of the gap. These posts should be diagonally guy -wired to the ad- jacent line posts: Water gaps control livestock where fences cross streams or drainages. Fences may be damaged during heavy runoff unless water and water -born debris are allowed to pass under. Consult an • engineer when deciding whether or not to install a water gap. Most water gaps or flood gates are designed to be self cleaning. Sometimes the cleaning action is not totally complete and the gate is blocked partially open. Livestock are then able to get through this opening. Check gates after heavy rainfall. There are two basic types of water gaps: For areas with very little water and only occasional flooding, a breakaway fence will be sufficient. In areas with regular flooding, it may be best to construct floating gates or panels. For depressions less than 16 feet wide, fence across the depression with no braces. For depress- ions over 16 feet wide, construct a fence that will breakaway only in the depression and leave the rest of the fence undamaged. Start by constructing braces on each side of the depression. Next, construct the fence in the depression. Set the end posts 6 to 12 inches from the brace posts. The short section of breakaway fence will then be attached to the main fence brace with a light gauge wire. This ties wire is to break if the fence in the depression fails. When the fence in the de- pression breaks free of the main•fence, damage to the main fence is eliminated. Double wrap of high -tensile wire -1/41111 L I�111W�IIl F' 1. Mw+'�/II I •ti.• • • a. • • •• Direction of now Double wrap of high -tensile wire �' Y ryiiimemwarnimminemmq ,%0•••• • Blood gates. • Direction of flow •• •p• • L V ,•., • ■rm i ■aaarsnaammas111■ ■arfaaaa11ateaafeaaalll■ ■ar!aaaatteeeaaaraaNIIIM wow ■1f .t♦A�����Ir.■ u91i ■•91r•n=� ■•1ri Yw.rrMI.99�f.. .. L•u ••11 . .. � ........ a =• kit 4 Light gauge wire i massanas elm n ! f naMamaaalw%r:l 1 arl\r SIIII1lr••••11. .110 ruwr1•Ar•I;•r I!ohni\\11.rVEALr:}.1 ■omliraaRsieamaasenci mans • alas II allwaaammir ic. nee■ ■ssl:Waaa■ ■aua•rir!ute■ �0ra9 Iwirr.rrWr.ir911r■ 11Ea�a■It/ ei1•I1.1/ , Water gaps. • • fir. • • '.I:• . • r; • • _ e. . 159 • •••._ Use the same poets, wire, and wire spacing as that used on the regular fence. Poet depth may be reduced to 12 inches to prevent damage to the posts when the fence in the depression fails. If the depression to be fenced has regular flooding, use a swinging or floating panel. The panel must be free to swing when water comes through. Con- struct cross braces on the down -stream side of the panel to provide a smooth edge for the debris to slide by. Consult an engineer. 8" apace Penee'crossing depression. Fencing in wide depressions that will prevent damage to the main fence in • case of flooding or deep snow accumulation 21" x 6" pickets. Install with 2" x 10" "U" clamps. 1" pipe supported by 5/8" cable (inside pipe). VA" pipe spacers keep pickets in desired location r `` 1 Pr,01-LA I( 'II II NMI I�I • L :• :0.: •�. ••er• , .•e ra • Picket fence across streams. No. 9 wire Lifting pickets above water to avoid toe damage. grace post 160 Typical swinging picket fence crossing a stream. Light tie wire e'1 ... • Fence deadend ' 61. Poles can be used in glace of rocks. ° Panels can be made of woven wire or boards. Tie panel ends with light wire so during flood periods one or both ends will break loose without distiucbing main fence line Heavy stay Wire slay Rocks ..t I.; '� ' ti. .o • �.. . • .+ at... . e. Brace design and placement considering changes in topography 161 ca 'c C d cr) Q 8 post brace on each side of drew or stream i:•`. ;. 4" poles cut to fit holes are i hung from barb wire fence with No. 9 brace wire Crossing large washes and live streams. 1 • ,x Large draws or Hve stream 162 64" /9'• 14- 72" /. 72" we; 42" ✓s Syr ; a n � 4_ Li'/ 1-1\ `J t‘z Wire stays Dead men Water gap for narrow drainages. Cable "• O.i. .: ' Log sae plank Wood post 6' x 6" dia. pipe filled with concrete 24" (min) Break -away fence for wide• shallow water gaps. Page Holland 1460 Overlook Rd. Moab, UT 84532 Home Phone: 435-259-5478 Cell Page: 801-201-4748 Cell Stan: 435-210-0817 moabpage@citlink.net stan@moabbit.com March 26, 2015 To: Moab City Planning Commission RE: Proposed Ordinance 2015-05 (New Draft) Thank you for a well-conducted meeting tonight. I am sure you are aware that I have some strong feelings over this issue, and I apologize for my combative tone. I am tempted to explain my attitude by venting about a longstanding dispute with the City of Moab Planning and Zoning department involving our land in the FC-1 Flood Zone. The issue caused me and my family much expense, time and frustration, and it was unnecessary. After 4 years we nearly have the issue resolved, but it has shaped my opinion rather negatively of the Planning and Zoning department. I think that the new 2015-05 Ordinance language needs to be looked at in depth, and re -written. I encourage each of you to get a copy of the FC-1 Flood Map and study it. Sommer's explanation of the land that the Ordinance affects was oversimplified. Our farm alone has about 7 acres that falls within the FC-1 flood zone. There are many large parcels of land along Mill Creek and Pack Creek that are within this zone. About 364 days a year, we have land ideal for pasture and grazing... at least now that Rim To Rim Restoration has helped in clearing... and once we finish fencing. We cannot build on this land, we are very limited as to uses. It partially floods one or two days a year when the Pack Creek jumps its banks. But we pay taxes on it the same as the other acreage of the farm. I do NOT trust that Planning and Zoning won't give us problems in the future over animals unless the keeping of animals and livestock is spelled out as an approved use. I was NOT aware that this language was being stricken (Item C, Section 17.33.020 Use Requirements) until tonight's meeting. The first draft I picked up from the Planning office attached to the Public Notice did not contain these strike -outs. Earlier this year when we asked about guidelines for fencing this land we were told "You can't put a fence in the flood zone". We asked to see the ordinance addressing that, they said it was a FEMA stipulation. Not True. It turns out there WASN'T an ordinance NOR a permitting requirement with the City of Moab, NOR with FEMA. So I suppose you can partially thank us for this little controversy. However, when we talked to other land owners, it turns out we aren't the only ones having problems with this. We were also not the only ones who have been in litigation with the city over trumped-up charges. Whenever Sommer or Jeff have raised the specter of "Oh, we can't allow that because we could lose our flood certification with FEMA", we have asked if we can get further information (difficult), or if there is someone with FEMA we can speak with. The answer us usually, "you have to go through the local Flood Control Administrator (ie: Sommer) and WE speak to FEMA." I have discovered that to be much exaggerated. In the past week I have contacted 4 different FEMA agencies, they have been responsive, helpful and if I didn't get someone on the phone right away, they have called me back within a day. I had the FIRM document (UNIT 5: THE NFIP FLOODPLAIN MANAGEMENT REQUIREMENTS) emailed to me from the FEMA map specialist within 10 minutes. (My March 23 letter to you included an excerpt from that document, which apparently prompted the last minute revision of Section 7.33.040 regarding farm fencing. Thank you, however that came about, it is much appreciated.) After reading hundreds of pages of FEMA documents, I believe that the City of Moab has actually done an exemplar job of putting the pieces in place to ensure the Flood Insurance Rating is about as good as it can get. I cannot see that adding super restrictive language banning fencing was going to have any return as far as better flood insurance ratings. Addressing fencing, might have a slight benefit, banning it, no. Moab already has very tight and detailed flood maps, strict building codes, strict excavation and fill ordinances and everything else that I can see FEMA recommends. Yes, it was a good idea to address fencing, but even FEMA says that when it comes to fencing that common sense should prevail. That phrase actually comes up in the FIRM document many times. I believe Mr. Call's comments at the meeting yesterday should help you see that Mr. Reinhart's interpretation of FEMA's rules leans much to exaggeration. In conclusion, before any stricter standards are imposed on property owners in F1 Flood areas, I would like the following questions addressed, WITH documentation to back it up: 1. Given that our City has two permanent watercourses running through town, what is the best possible Flood Insurance Certification Level that Moab can obtain? 2. What is our current certification level? 3. What specific changes would need to be implemented to improve that rating, and how much actual difference would each change make? 4. How often does FEMA review a City's standing, and when is Moab City next due for a review? 5. If review is not done on a regular schedule, what specific types of situations would prompt FEMA to make a review? 6. What types of situations would cause Moab City's rating to go down? 7. Exactly which other municipalities has Jeff Reinhart researched as to ordinances regarding the FC-1 Flood Zone? He said he had researched many. That information should be at the tip of his tongue. I wouldn't mind reading those zoning ordinances, myself. Without answers to these questions, your job to evaluate Ordinances within the F-1 Zone is made nearly impossible. It would be easy to rubber stamp proposals that might impinge on property rights, just to make someone's job within Moab City Office easier. I feel it the job of Moab City Employees to know the laws and resources available and to HELP property owners and citizens with issues they may have. I feel that the Planning and Zoning department should have been giving ME the information I provided you with my last letter, rather than the other way around. We urge the Moab Planning Commission to make a strong recommendation that Ordinance 2015-05 be completely re -written to include grazing and animal rights under Section 17.33.020 Use Requirements and to adopt more sensible guidelines on fencing practices and tree removal/planting. Thank you for your time in sitting on this board. I do pay attention to the issues, and I can see that your job is not easy. Sincer , a/I Page Holland stFCE .- Moab Irrigation Company P.O. Box 385 MY OF MOM Moab, Utah 84532 March 24, 2015 Re: Proposed Moab City Ordinance 2015-05 To whom it may concern: The Board of Directors of the Moab Irrigation Company object to this proposed ordinance. It has several areas of concern to the company and to shareholders of this company. We do not understand the need to "regulate" vegetation control. Trees, brush, etc. come and go naturally and constantly within the creek. A property owner should have every right to maintain their property as they see fit. We agree that trash should not be placed in the creek area, but there are many areas of the creek where the chance of flood is non-existent and a property owner should have every right to use these areas as they need. The statement of "no fences" makes no sense. Your standard fence does not accumulate material in a flood very long before it gives way. There are many "break -a -way" fence designs that can be used in flood zones. Requiring a break -a -way fence would make much more sense than an "absolutely no fence" rule. As you are aware the company has various structures built in the creek for irrigation purposes. We are aware that some shareholders also have structures in the creek for irrigation purposes as authorized by the Utah Division of Water Rights. This ordinance conflicts with our water rights and the water rights of others. This company has dealt with water flow in Mill Creek for over 100 years. We do not see where any of these regulations would have iota of effect on the water flow in the creek. They are totally unnecessary and a burden on the residents of this community. For these reasons we object to this ordinance. Thank you for your time. President Moab Irrigation Company National Flood Insurance Program Community Rating System The National Flood Insurance Program's (NFIP) Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements. As a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of the CRS: 1. Reduce flood damage to insurable property; 2. Strengthen and support the insurance aspects of the NFIP, and 3. Encourage a comprehensive approach to floodplain management. CRS Brochure This brochure, NFIP CRS: The Local Official's Guide to Saving Lives. Preventing Property Damage and Reducing the Cost of Flood Insurance introduces the National Flood Insurance Program (NFIP) Community Rating System (CRS) as a way of promoting the awareness of flood insurance. CRS Fact Sheets Community Rating System Fact Sheet Changes to the Community Rating System in 2013 CRS Credit for High Water Mark Initiative CRS Award for Excellence The CRS Award for Excellence recognizes an individual who has provided leadership in the area of alerting residents to the dangers of flooding and promoting the purchase of flood insurance through the NFIP. Click here to learn about the CRS Award for Excellence. How are Flood Insurance Premium Discounts Calculated? For CRS participating communities, flood insurance premium rates are discounted in increments of 5% (i.e., a Class 1 community would receive a 45% premium discount, while a Class 9 community would Agenda receive a 5% discount (a Class 10 is not participating in the CRS and receives no discount)). The CRS classes for local communities are based on 18 creditable activities, organized under four categories: 1. Public Information, 2. Mapping and Regulations, 3. Flood Damage Reduction, and 4. Flood Preparedness. The table below shows the credit points earned, classification awarded and premium reductions given for communities in the NFIP CRS. CREDIT POINTS 4,500+ 4,000 — 4,499 3,500 — 3,999 3,000 — 3,499 2,500 — 2,999 2,000 — 2,499 1,500 — 1,999 1,000 — 1,499 500 — 999 0 — 499 CLASS 1 2 3 4 5 6 7 8 9 10 PREMIUM REDUCTION SFHA* 45% 40% 35% 30% 25% 20% 15% 10% 5% 0 PREMIUM REDUCTION NON-SFHA** 10% 10% 10% 10% 10% 10% 5% 5% 5% 0 *Special Flood Hazard Area **Preferred Risk Policies are available only in B, C and X Zones for properties that are shown to have a minimal risk of flood damage. The Preferred Risk Policy does not receive premium rate credits under the CRS because it already has a lower premium than other policies. The CRS credit for AR and A99 Zones are based on non -Special Flood Hazard Areas (non-SFHAs) (B, C and X Zones). Credits are: classes 1-6, 10% and classes 7-9, 5%. Premium reductions are subject to change. acaidearr Additional Resources CRS Coordinator's Manual The Coordinator's Manual for the CRS includes the CRS Schedule, which sets the criteria for CRS classification and CRS Commentary on the schedule. Section 100 gives general background information on the CRS. Section 200 explains the application and verification procedures. Sections 300 through 700 explain the credit points and calculations that will be used to verify CRS credit. The procedures in these sections are used by a community to submit a modification for a better CRS classification. CRS Communities and Their Classes These pages are from the most recent Flood Insurance Agent's Manual containing current and historical listings of all CRS communities, their class and insurance discount. Numbers of CRS Communities by State This link shows how many communities participate in the CRS in each state and the distribution of communities by CRS Class in each CRS Class. Community Rating System Participation National Map The CRS Participation map of the nation shows the wide range of communities that participate in CRS. CRS participation attracts all kinds of communities including small, large, inland, coastal, arid, etc. The map also includes the approximate territories served by the ISO Field Specialists who work with individual communities. Community Rating System Participation by FEMA Region Maps The CRS FEMA Regional map indicates communities that participate in CRS and from which states. Community Rating System Participation State Maps The CRS State maps depict communities that participate in the CRS and communities with the greatest risk to flooding, as measured by the number of flood insurance policies in effect. Community Rating System Series and Activity Posters These posters provide simplified descriptions of the CRS. 2013 CRS Coordinator's Manual changes are highlighted. The posters could be useful to explain and promote the CRS. The files are formatted to print large posters suitable for wall display. Community Rating System (CRS) Overview, Prerecorded Presentation This nine minute narrated Power Point presentation is about the CRS. It is an introduction to the Community Rating System suitable for viewers with little or no familiarity with the CRS. Webinars on the Community Rating System FEMA presented the CRS Webinar Series to new communities that were not yet participating in the Community Rating System of the National Flood Insurance Program as well as to local government staff with some experience in the CRS. The series included basic introductory sessions and more advanced topics, most averaging about an hour in length. The schedule for the series was: • Introduction to the Community Rating System Agenda " February 18, 2014 - 1:00 pm Eastern/10:00 am Pacific " March 18, 2014 - 1:00 pm Eastern/10:00 am Pacific " May 20, 2014 - 1:00 pm Eastern/10:00 am Pacific " July 15, 2014 - 1:00 pm Eastern/10:00 am Pacific " Developing Outreach Projects (Activity 330) " February 19, 2014 - 1:00 pm Eastern/10:00 am Pacific " April 16, 2014 - 1:00 pm Eastern/10:00 am Pacific " Higher Regulatory Standards (Activity 430) " March 19, 2014 - 1:00 pm Eastern/10:00 am Pacific Coming soon: " Preparing for the CRS Verification Visit " Drainage System Maintenance (Activity 540) " Natural Floodplain Functions Registration Go to http://atkinsglobalna.webex.com/tc and type "CRS' in the search field to view webinars that are now open for registration. If you have questions about the CRS Webinar Series, please contact Becca.Croft@atkinsglobal.com. NFIP/CRS Update Newsletter The CRS Update Newsletter is a publication to provide local officials and others interested in the Community Rating System with news they can use. To sign up for CRS e-mail updates click on the link below, " January 2015 Newsletter " November 2014 Newsletter " September 2014 Newsletter " July 2014 Newsletter " February 2014 Newsletter " December 2013 Newsletter " October 2013 Newsletter " July 2013 Newsletter Agenda " May 2013 Newsletter " March 2013 Newsletter " January 2013 Newsletter " August 2012 Newsletter " June 2012 Newsletter " March 2012 Newsletter " February 2012 - Special Edition " October 2011 Newsletter - Special Edition " January -April 2011 Newsletter " October -December 2010 Newsletter " April -May 2010 Newsletter " February 2010 Newsletter " December 2009 Newsletter " October 2009 Newsletter " August 2009 Newsletter w Sign up for CRS email updates Last U pdated: 02/13/2015 - 21:00 Agenda MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: MARCH 26 , 2015 :: Members Present: Members Absent: City Staff: Public Members: Laura Uhle, Jeanette Kopell, Wayne Hoskisson Joe Downard Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson 27 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah Planning Commission Chair Jeanette Kopell called the meeting to order at 7:03 pm. 1. Planning Commission Workshop — 6:30 Planning Commission members did not hold a workshop this meeting. 1. Citizens to be Heard There were no citizens to be heard. 2. Action Item Approval of Minutes: March 12, 2015 Commissioner Hoskisson moved to approve the minutes for March 12, 2015 as written. Commissioner Uhle seconded the motion. The motion carried 3-0 aye. 3. Action Item — Planning Resolution 04-2015 A Resolution Conditionally Approving the Commercial Site Plan for Maverik, Inc. on Property Located at 435 North Main Street in the C-3 Central Commercial Zoning District Commissioner Hoskisson moved to adopt Planning Resolution 04-2015 conditionally approving a commercial site plan for Maverik, Inc. at 435 North Main with the following condition: 1. All lighting for the store shall be in accordance with the lighting regulations of code section 17.09.660H and be full cutoff, fully shielded, downward directed type of light fixtures. Commissioner Uhle seconded the motion. The motion carried 3-0 aye. 4. Public Hearing — Proposed Ordinance 2015-047 An Ordinance Amending Chapter 17.65 of the City of Moab Municipal Code with New Language Concerning Master Planned Developments Commission Chair Kopell opened the public hearing at 7:15 pm. nn ah rir" Planning Commission, Minutes Page 1 of 10 Agenda arch 26, 2015 There were no public comments. Commission Chair Kopell closed the public hearing at 7:15 pm. 5. Action Item — Proposed Ordinance 2015-04 Recommendation to City Council An Ordinance Amending Chapter 17.65 of the City of Moab Municipal Code with New Language Concerning Master Planned Developments Commissioner Hoskisson moved to send Ordinance 2015-04 to Council with a favorable recommendation. Commissioner Uhle seconded the motion. The motion carried 3-0 aye. 6. Public Hearing — Proposed Ordinance 2015-05 An Ordinance Amending the City of Moab Municipal Code, Chapter 17.33, FC-1 Flood Channel Zone, Specifically Referencing Fending, Structures for Public Transportation, Vegetation and Penalties Planning Director Reinhart began his introduction by clearing up misinformation that was spread regarding the ordinance. He clarified that the City is not going to require people to remove their fences but the fence section was really the only portion that would be amended. He noted that as a community under the National Flood Insurance Program we are required to come up with the best possible course of action to increase the safety and decrease the damage from floods. He also noted that this ordinance would help with the cost of flood insurance premiums. He said this ordinance helps in many ways with flood insurance premiums because a higher rating in the Community Rating System means the flood insurance premiums drop correspondingly. He indicated that many of the temporary uses that were in the ordinance were removed including chicken coops and corrals because they tend to stay for long periods of time. Planning Director Reinhart informed the Commission and audience that property owners would be held liable for any damage caused by those structures if a flood should come through and back up past their property. He indicated that while FEMA does not require total elimination of fences they do allow other things to occur like engineering for fences and gates. Planning Director Reinhart noted the section we are looking at in the ordinance is the fence issue. He indicated that we did not go through this revision blindly and many codes across the country were looked at and dozens of them kept fences from being built permanently. Planning Director Reinhart noted that some additional work was prepared on the fencing section with changes to the specific regulations. He indicated the changes to section 17.33.040 — Specific Regulations would be amended as follows: 17.33.040—Specific Regulations. The following use regulations shall apply: A. Fences. — Fences will be allowed only if it can be determined through an engineering study that they can satisfy a No -rise (<0.00') in the FEMA and Community BFE. Exception. An engineering study may not be required for fences such as a farm barbed wire fence that are constructed in such a way that the fence will be pushed over or ripped out early in the flood or will swing away in the direction of the flood flow. If "water gap" or "flood gate" styles of livestock control are utilized, an engineer shall be consulted for appropriateness of their use. He indicated the reason for consulting an engineer for "water gap" or "flood gate" fences is because they don't always flow clean and can be held open and this is to protect the property owner because livestock can get out through that opening. He noted that examples of the fence types and how they could be applied in the stream bed were available for review. Planning Director Reinhart indicated that our floodway is a very critical area where there would be rapidly flowing water. He noted that the "no -rise" portion of the ordinance is directly from FEMA and there cannot even be a 0.00001 rise in that water level through encroachment, fill or anything like that. nn ah ri+" Planning Commission, Minutes Page 2 of 10 Agenda arch 26, 2015 Commissioner Uhle asked what the implications were to the city for those activities and Planning Director Reinhart informed her that we could lose our certification and loans based on any type of federal funding could be called due immediately. He indicated this was the reason for the city to keep the rating high and get better marks with each cycle review. Commission Chair Kopell asked how many years were between each cycle review and she was informed that there was a 5 year cycle review and it was just completed this year. Commissioner Uhle questioned where we were in the rating now and was told we were at a class 9 and receive a 5% discount on flood insurance premiums. Commissioner Uhle clarified instead of saying no fences the proposed new language would allow some fences to go in. Commission Chair Kopell reiterated the proposed changes in the ordinance as follows: 17.33.040—Specific Regulations. The following use regulations shall apply: B. Fences. — Fences will be allowed only if it can be determined through an engineering study that they can satisfy a No -rise (<0.00') in the FEMA and Community BFE. Exception. An engineering study may not be required for fences such as a farm barbed wire fence that are constructed in such a way that the fence will be pushed over or ripped out early in the flood or will swing away in the direction of the flood flow. If "water gap" or "flood gate" styles of livestock control are utilized, an engineer shall be consulted for appropriateness of their use. Commissioner Uhle stated that her understanding of the reasoning for the changes was that we were not in compliance and we needed to comply with FEMA regulations. Planning Director Reinhart stated that while FEMA does not have regulations specifically for fencing they do push you to have a more stringent requirement than the FEMA regulations. Planning Director Reinhart stated that bridges and culverts can become blocked with debris causing water to rise above the 100-year flood elevations and sediment accumulates in culverts and ditches and reduces the carrying capacity. He said when reviewing this information it is important to take into consideration the impact of what future growth and development will have on the flood levels and also past development where flood issues were never even considered. He noted everything drains into the city and at some point we will have something catastrophic occur. He stated the biggest thing is protecting personal property by reducing risk and that is what the ordinance is designed to do. Commission Chair Kopell opened the public hearing at 7:28 pm. Commission Chair Kopell stated that she is someone that is affected by this ordinance and she wanted everyone to be very respectful to each other. Ray Klepzig asked if the city was going to take a spray can and mark this area so people know if they can plant a tree or cut a tree. He questioned who knows what is in the FEMA floodplain [inaudible]...he doesn't know why we would adopt anything of theirs anyway. City Planner Reinhart stated the FC-1 zone that is shown on the zoning map has been mapped for the efforts to update the Flood Insurance Rate Map so those are the areas you can't do a lot in. nn ah ri+" Planning Commission, Minutes Page 3 of 10 Agenda arch 26, 2015 Mr. Klepzig stated he thought we were changing those [boundaries of the FC-1 zone] and Planning Director Reinhart informed him that we were not changing that at all. He said it is staying where the lines are now and there is no increase or decrease in that. Mr. Klepzig suggested that the city clean out the creeks so the water could run down them it would do a lot more than the barbed wire fences to alleviate the floods. An unidentified individual in the audience questioned if the FC-1 zone was the 100-year mark. Zoning Administrator/Planning Assistant Johnson clarified that it was the actual flood channel. She stated the 100-year floodplain is the area outside of that which is the flood fringe but this is the actual flood channel where flood waters flow. She stated it is the actual flood channel itself. She clarified that you can still build in a special flood hazard area if you elevate above the base flood elevation. She stated those areas can still be built on and they don't have the same "no -rise". She stated it is in the channel itself that engineering and information is required to show "no -rise". She clarified that [the ordinance] is only for the flood channel, the designated FC-1 which is the flood channel and that is the area that has been marked by FEMA as the flood channel. Page Holland questioned Zoning Administrator/Planning Assistant Johnson if she was familiar with her property. Zoning Administrator/Planning Assistant Johnson stated that she was not familiar with her property and stated she was not familiar with the area they were fencing. Planning Director Reinhart directed the audience to the zoning map and indicated the FC-1 zone boundary was the hashed area. He stated the maps are on the website and some of the maps allow you to click on the parcel and it will tell you the flood zone that you might be in. He said the maps also go outside of not just the floodway but it actually tells what the entire area would be for you. Commission Chair Kopell stated when you build or try to sell a piece of property along the floodway there is a definite way that FEMA looks at those properties as opposed to something higher. She explained that federal regulations state that if you build within a certain footage from that flood way that you are subject to the banks not giving you a loan. She stated it is really important especially in this situation to be very informed of this ordinance and urged audience members to look at the website to be informed. Kelly Mike Green stated that he appreciated the clarification on how the fences are to be built. He said he was not quite sure about the language that was there because he knows there are people who have livestock and different things like that and it looks like there is a provision for them on how to figure out how to put their fences in that will break away. He said he is sure that is probably something that the Commission might want to look at. Mr. Green stated that he does not actually own property down in the creeks but he is concerned about the property rights for those citizens. He stated one of the questions he had was he didn't quite understand the vegetation and penalties. He asked if the City was going to require people to go in and vegetate those areas that are private property. He asked if that could be explained a little more. Planning Director Reinhart explained that the City was not going to require people to vegetate their properties. He clarified that section was for large projects and we have had several of those going on. He stated all the required permits have been obtained for those projects and basically it is cleaning out a lot of the debris, dead trees and downfall that has occurred over the years and decades, in some cases, and trying to make that a clearer water course so that if there is a major event then that water can flow much more freely. Commission Chair Kopell stated she knows the City has had trouble especially on her side of town with beaver dams. She said if you see something that looks like it needs to be cleaned out then call the City and tell them you're having beaver problems. She stated that was the best way to do it. Page Holland stated she prepared some statements and delivered them yesterday and hoped the Commission had copies of those. She stated that the map that she gave them on recommended fences from the U.S. Department of Agriculture has actually been seriously considered. She stated the map was something she submitted with her nn ah ri+" Planning Commission, Minutes Page 4 of 10 Agenda arch 26, 2015 letter. She stated now they come in and they've got a new set of ordinances which she said she could not find anything on the website. She stated she had to come in to the offices when it said [in the public notice] that copies could be found on moabcity.org. She said the only thing she could find was the notice of the public hearing but not the ordinance itself so she had to come in and find copies. Ms. Holland stated the copy that was here today has language struck from it and this greatly concerns her. She said it used to read temporary corrals, pens and coops that will not impede the free flow of floodwaters in a significant way, and are sufficiently anchored to resist movement by floodwaters. She stated that was taken out "and fencing up to six feet in height provided the requirements... ", she gets that, and the care and keeping of animals and fowl subject to the rules and regulations of the board of health. She said it looks like to her that they are having some of their property rights infringed on and that [the city] does not want livestock however this specific regulation that is now being inserted regarding fencing says in the exception in the very last line if water gap or flood gate styles of livestock control are utilized an engineer shall be consulted for appropriateness of their use and she said she was confused as to whether livestock is allowed or not. Planning Director Reinhart clarified that it was keeping livestock in there the entire time. He stated hopefully the cows are smart enough, or whatever you have, will move out as soon if there is a flood coming. He stated usually there is some warning because you get that first bunch of water coming down. He clarified that it is any kind of a corral, coop or anything like that, which is actually defined as a structure, would not be allowed down in there. He reiterated that if it was a temporary panel or something that as long as they are pulled out we are not even going to know it was there. He stated it is the corralling of livestock that would be prohibited by the ordinance. Page Holland questioned why section c was stricken — the care and keeping of animals subject to the rules and regulations of the board of health. She said it seems to her that these uses are in this flood channel zone, it says agricultural, farming, truck gardening, growing of nursery stock as long as it is not trees and bushes because you can't do that in that section and then you're taking the animal part out of it. She said revetments she gets that because it is flood control but the other two uses in there, public parks, trails and public transportation structures, looks to her like we are eroding her rights as a property owner on what she can do with already limited land. She stated maybe if it is worth nothing what can she do but donate it to the public. Planning Director Reinhart clarified that there is a lot of public land that goes down in to those areas so those types of structures that Mrs. Holland just talked about would still have to follow the same regulations that are in here. He clarified that if you were going to put a garden in we are not going to come in and stop you but if you are going to plant a tree farm then we would have an issue because you are contributing more to the barriers in that area. He said again that we have numerous clearing projects and clean-up projects where additional native or adaptive trees have been put back in place of some of the older ones that were diseased or falling down that they were or are actually removed. Mrs. Holland asked about section 17.33.040(B) down at the bottom where it says no existing native vegetation shall be removed and no new trees shall be planted within the floodway without written approval of the city floodplain administrator. She wondered if we had any idea how difficult it is to keep Russian olives and tamarisks at bay on seven acres of floodplain. Planning Director Reinhart stated no but it had to be done. He said they are invasive weeds. Mrs. Holland said she had to get the City's permission to cut them. Zoning Administrator/Planning Assistant Johnson clarified that section has been in the code and is not being altered. She stated it was already there. Mrs. Holland stated she would also like to point out that she has been in contact with FEMA and she has been in contact with a couple of different agencies and thanked the Commission for at least including this section that she nn ah ri+" Planning Commission, Minutes Page 5 of 10 Agenda arch 26, 2015 pointed out in the national floodplain document which she expect us to be really familiar with and hoped this would have been something that we knew was there. She stated that it says some projects are too small and that some fences could be pushed over or ripped out early in the flood stage. She thanked the Commission for at least acknowledging that but her indication is that FEMA is not unfriendly to fences. She stated every single agency she called to ask for guidelines on fences to see if they had technical data or manuals were surprised the City of Moab was giving them issues over fences. She said they are rather incredulous. She stated she understands that you get better certification if you follow stricter guidelines but she feels this is really stepping farther over the line that we need to. She said we don't have big subdivisions that are in these flood zones. She said we have a few fences and a lot of agricultural land. Commission Chair Kopell notified Mrs. Holland that her three minute time limit was finished and Mrs. Holland thanked the Commission for their time. Commission Chair Kopell asked if Mr. Holland would like to speak and she requested if he had the same comments to refer to a previous speaker. Mr. Holland he replied that he had his own mind. Stan Holland stated he first wanted to ask Jeff Reinhart, who he feels is using this floodplain as a scare in his opinion, if he had proof if without this fence ordinance that the insurance is going up. He questioned if there was written proof or something to document what he has said. He questioned Planning Director Reinhart again if he written proof or documentation that he can document this scare about insurance and whether he had something that could be provided to them because he would like to see it. Zoning Administrator/Planning Assistant Johnson informed him that we did not have anything at that moment but that we could provide that to him. Mr. Holland stated that he needed to see it. He stated that was what he was asking for was that there was proof of that. He said there is a lot of scare in the country everywhere and it is scare this, scare that and take people's rights away. He stated that needs to be facts coming from these guys not scare tactics. Mr. Holland said the proposed code does not have land owners rights addressed at all. He said they have to keep their livestock in and keeping livestock on agricultural land was a historic use here. Mr. Holland stated he needed to reduce their liability from trespassing and dumping of debris and control access on their property. He stated that he feels the City of Moab does not do enough to help land owners find the right resources. He said they are aware of situations where land owners have been pushed around by the city and have to defend their own rights in court. Mr. Holland stated this is causing unnecessary conflict. He said there are appropriate ways to build fences. He stated the BLM book on how to build fences is a good guideline and he said FEMA's own guidelines strongly recommend common sense prevail over ordinances. He stated they strongly recommend that and for land owners to work together for common sense not ordinances. Mr. Holland stated a code that will fine him or imprison him for working on his fence is un-American and offensive to him He stated it is offensive that they are attacking his rights. He said this ordinance will only create more conflict with land owners and Moab city. Kara Dohrenwend stated she thinks she may have slightly misunderstood but felt her comments were still relevant. She stated she had one clarification question and that was if the only things being changed at this point are removing some uses and fencing and the rest of it already existed. She stated that comes a little bit as news to her but she wanted to start by mentioning that this community has a really long history of dealing with floods on this creek. She thinks most of the people in the room, either themselves have had to deal with large capacity or have heard stories of some pretty dreadful things that have gone on and some pretty major changes have happened. She stated she thinks there is some understanding of what is going on and it doesn't need an ordinance to tell folks how to build and what to do down there. She said she has watched horses having to be pulled out before the Williams Way buildings were built and she remember seeing horses up to their necks being pulled out of there and that was the worst thing she had seen down there. She does not think that kind of thing does not happen on those properties anymore at this point. Ms. Dohrenwend stated that she does think that there are some nn ah ri+" Planning Commission, Minutes Page 6 of 10 Agenda arch 26, 2015 problems with this ordinance in that it is significantly more restrictive than 404 permitting which is Army Corps permitting which is intended to keep the floodway clear. She thinks overall it contradicts itself in that you're supposed to keep the floodway clear but you can't remove trees which with Russian olives and things like that you cannot have one without the other. She stated you have to remove those trees in order to keep that floodway clear. She thinks the ordinance in general is just not clear. She stated there is a very comprehensive fencing building guide by the BLM and NRCS that covers exactly how to build fences in this kind of situation. She said engineering can get really expensive and to do a small fence it seems like an onerous burden to put on a land owner. Ms. Dohrenwend stated the last thing she wanted to say was the work done over the last 10 years has really done a lot to improve the floodway in a big capacity and a lot of the land owners in the room have been a big part of doing that. She said they are basically going to be robbed of the ability to maintain that and to take any pride in that which means it will go right back to being Russian olives. She said if she owned property in that place and was told you can't plant anything and you can't remove Russian olive saplings she would be pretty angry and she would turn her back on it and walk away. She thinks that is something that really should be considered before changing an ordinance like this. Bryon Walston stated he had lived on Pack Creek for about 50 years and said the channel has changed in 50 years by 200, 300 or 400 feet or so but the biggest thing right now is removal of the Russian olives in the portions of the creek area has really helped to channel the flood waters. Commissioner Hoskisson commented that the prohibition is against removing native vegetation and neither tamarisk nor Russian olives are native vegetation. He said nothing in here prohibits someone from removing Russian olives and tamarisk. Commissioner Hoskisson reiterated that this prohibits removing native vegetation and Russian olive is not native and tamarisk is not native and you can remove that. Commission Chair Kopell stated they are an invasive species and they are in the city weed code and said those were actually planted in the 20's and are not native to Moab. Mr. Walston stated it has really helped the floodplains with the removal of non-native Russian olive species. He stated he is opposing the ordinance because it takes away property rights from people. He said it needs to be citizen -friendly and it is not right now. He stated that is what he would really like to see is more pro -citizen for the people of the city rather than pro -city for the ordinance itself. He stated a lot of times with ordinances it is written with penalties and heavy-handedness and he doesn't like that. He said that is what he sees in the ordinance and asked to Commission to please vote against it. Mr. Engleman was opposed to the ordinance and said there wasn't anything that he could add that hasn't already been said between all of them. He felt it was just another example of government trying to micromanage landowners. Katherine Holyoak stated she is against this. She understands the small part that was put in there about fencing. She said she gets all of that but all of the people that she sees here that she knows that own property along that place, they are not the ones that are causing the problem or having and obstruction take place. She said they don't put fences right across this actual flood channel that she is aware of. She said they do have animals and they do have fences up and she thinks they have a right to do that. She stated she agrees with Mr. Walston that people in Moab are aware of how hard it is financially for a lot of people and if they decide to add another fence for their own protection or other people with their animals that engineering study is going to be very, very expensive for them to do that and she is really concerned about that. She stated it was brought up that the Russian olives and tamarisk are not natural and questioned if there was some way that it could be put in there that it is okay if they do start tearing that out so that if they start doing it someone doesn't come and try to arrest them because they are tearing stuff out or if some other little thing that is native gets tore out with it. She said that is their concern that it is not clear enough that it lets them know those kind of things. She agrees with all the things that were said. She stated she was here when they built the brand new bridge across Pack Creek and she knew that when a big flood nn ah ri+" Planning Commission, Minutes Page 7 of 10 Agenda arch 26, 2015 comes down there they have not built that bridge strong enough or wide enough and it is going to wipe it out. She said she took pictures of the bridge and within a month it was gone because the engineers hadn't done it properly. She stated personally she likes engineers, her son-in-law is an engineer, but she has a problem with engineers because most of them are not here locally. Mrs. Holyoak stated that even when Maverik went in on the south of town and they have their big fields in that area they didn't engineer their big retaining thing. She claimed they said it was good for a 100-year flood and within a few weeks we had all the floods come down off the cliffs and she said she wanted to be able to see what comes off their blacktop and comes into her field. She said that had nothing to do with fencing and yet it did because they had to have the fences to keep the cattle from getting in there but they need their protection as well. She said they didn't have curb and gutter and they didn't have certain things and when she went and talked to them they were good about it and they changed it. She said that is what they are trying to suggest here. She thinks most of the people in the room own private land and they already have fences up and they are concerned that these rights could be taken away. She said they agree that FEMA and all of that needs the proper information but they are concerned that their personal rights can get taken away and they are hoping that the wording can be a little bit more specific and even mentioning private property rights. She thinks personally she doesn't own ground right down there but some near there that if you can't put up a fence and you have to do this pretty soon if it is public land or it is near there then it is encroached upon. She said she has seen that here within the City and the County. She encouraged the Commission to maybe clarify a little bit more personal property rights so that people don't have those issues. Dee Taylor stated he was a property owner along the creek and said it seems like once again the City is kind of taking the heavy-handed approach here. He said all of these people are the people that floods will affect most that live along the creek. He said they don't want to put anything out there that will raise the water level on their property. He stated what he is more worried about rather than somebody's barbed wire horse fence is the City parkway put these bridges across there which are nowhere near as big as the one that was just talked about that washed out along Pack Creek years ago but they're just going to bend underneath one of those bridges and plug it up and raise their water. He thinks we're missing the big problem and worrying about whether somebody's barbed wire fence is going to create a problem. Mr. Taylor thinks if you wanted to specify what kind of fences are allowed then they can talk about it but just to say that you've got to have an engineering firm come in and write you a plan for a horse pasture fence seems a bit excessive to him. He said when you start talking about vegetation they're liable if they don't clear off a tree that falls down on their property but if it's the wrong kind of tree and you cut it down before it falls down then you're in trouble. He stated they have been working with Kara and her crew to clear out that creek channel for years and he thinks working with the property owners would get you a lot further than trying to threaten penalties and jail time and everything that is in this. He said he doesn't want to have to worry about whether that little seedling he mowed off when he is mowing his back yard which is in the flood zone was a native seedling or an invasive seedling. He thinks it is going a little too far with this and suggested the Commission vote no against this. Commissioner Uhle questioned if everyone understands the planting and removal of trees and shrubs is an ordinance that exists now. Brian R. Ballard did not wish to speak but was opposed to the ordinance. Bryan Ballard, Jr. did not wish to speak but was opposed to the ordinance. Lloyd Holyoak stated that most of his questions had been answered but questioned who had seen a 100-year flood. He said he has seen two of them and he can tell you when they come there is no stopping them. He said fences, bridges, whatever are gone and most of them along Pack Creek and Mill Creek are in such a manner that they're flood compliant and he does not think there is any problem there. He said he's glad they've changed their ideas on the fences because he agrees if they're on the floodplain don't build on it. He said there are houses right now up Pack Creek and up Millcreek that are on the floodplain and he does not know why the City approved them but when we get a big flood those houses are gone and he hopes people realize that. nn ah ri+" Planning Commission, Minutes Page 8 of 10 Agenda arch 26, 2015 Mike Taylor did not wish to speak but was opposed to the ordinance. He stated he thinks everything has already been said. Russell Call stated he really does appreciate what the Commission is doing and it looks like somebody is finally actually addressing some issues that are very important to this area. He said he was a mortgage lender for over 30 years. He stated he worked at First Security Team for seven years and then Wells Fargo for a few years after that and he did all the mortgage lending. He said he was very involved in the floodplain and getting homes approved. Mr. Call stated he did mortgage lending in Arizona also and he is very familiar with how it works in the flood lands. He said for many years Mr. Englebright was the only one really that worked on them. He said he tried to get the other insurance companies to work on them but they were hesitant to work on them because they had such high premiums they were cutting their own throats. He said Jim was such an awesome man that he didn't care he would do it anyway. Mr. Call said he is with them and nobody should build on a floodplain but for years before we were approved and in the program there was two companies that still would sell flood insurance and it was Lloyds of London and he couldn't recall the other one. He said they did finance homes with flood insurance. Mr. Call stated the average flood insurance right now on a $200,000 home in Moab is going to be around $1300 per year which is three times as much as regular fire insurance which is ridiculous. He said the number of actual flood claims that came during a 32-year period of time for Jim Englebright at State Farm was zero. He said the claims that came in were the ones with houses built on the little washes and people have breaking pipes but there was not one single claim for any of the creek floods. Mr. Call said there was one other thing where it was said that people would be in danger and there loans would be called he stated he can guarantee that is maybe unthought out and maybe a little more fear tactic than it should be because no mortgage lender wants to call a home in the floodplain. He said they would give an opportunity to purchase it somewhere and it might be a little more expensive. He said as you look at a premium average of $1300 per year a 5% difference really isn't that much. He stated he appreciated the Commission working on getting better because it has been rather expensive. He mentioned he moved 22 times before he moved to Moab and been in lots of states and lots of areas and every single creek he has ever been on have fences across them and they have corrals along them. He said that is just the nature of things and if you recall the last really big flood we've had the only problems we saw were the culverts, the bridges and those brand new walkways that were put in right there by Ramada Inn that got all washed out within two months. He said the City did that without even thinking about it. He said he talked to the guy that did and he told him he didn't even think about it. He said the biggest flooding happened right there. He said the logs got caught on the big rebar and the cement chunks and that is where the biggest problem happened. Mr. Call stated Benjamin Franklin said once you start chipping away at personal freedoms before you know it all you have is dust and a memory. He stated these people know better what they need as far as personal freedoms. He told the Commission that they were great and he has read a lot of the stuff they are doing and said he really appreciates them working on it. He said nobody did it for years but he thinks they do understand better what they need and considering the fact that State Farm had 85% of all the flood insurance in the whole Grand valley area of all the insurance companies with zero claims in 32 years. He said considering that and considering FEMA's heavy- handed way of doing things, he thinks the Commission really should consider to not vote for this ordinance. He stated he has been involved with flood insurance, regular insurance and mortgage lending for over 30 years and he is not just somebody that doesn't really know what he is talking about. He said by the time he was 27 he was the vice president of the largest bank in Arizona so he does know what he is talking about when it comes to mortgage lending, commercial lending and insurance policies. Arne Hultquist stated he is the watershed coordinator for Grand and San Juan counties and employed by Grand Conservation District. He stated some may not like what he has to say. He said he has a problem with this ordinance because it is a road we're going down in the 1900's and 20th century until about 1950. He stated this ordinance pushes water down the stream faster. He said streams do not work that way. He claimed the best thing to do with the stream is to slow the water down and let it soak into the ground. He said you get the same volume moving through the floodway if you spread the water out and what they've done historically over the years is try to channelize the stream and get the water off the properties as fast as possible. He stated the end game with that ends up being a channelized stream with a lot of energy coming right at a corner and it starts taking out property nn ah rite Planning Commission, Minutes Page 9 of 10 Agenda arch 26, 2015 and it starts moving. Mr. Hultquist said if you have a properly functioning stream you can have a 100-year flood and when it is over the stream channel hasn't moved. He said that is what this ordinance should really be doing by working towards a stream channel that will maintain itself in a 100-year flood. He stated it can be done and they have some restoration projects they are thinking about and some of the things in here would be counterintuitive to the Commission but would also make their restoration projects difficult. He said there is emergency watershed protection money and that kind of stuff that needs to be done but they will be thinking about slowing the water down and that will save our infrastructure and that will save us from damage from floods. He said moving the water faster down the river and you're talking like it is going to convey the water faster and just want to move that water faster we end up with channels, we end up with canals, we end up with incised streams and sooner or later we have to put concrete in and big rocks to keep it at a certain place and the next thing you know we don't have any of the beneficial uses associated with that stream. He is thinking not only is this improperly written but it is going in the wrong direction for the long term, for the community and the people that live on the floodplain. Commission Chair Kopell closed the public hearing at 8:08 pm. Commissioner Hoskisson moved to leave the public hearing open for written comments until the next Planning Commission meeting. Commissioner Uhle seconded the motion. The motion carried 3-0 aye. 7. Action Item — Planning Resolution 03-2015 Recommendation to City Council An Ordinance Amending the City of Moab Municipal Code, Chapter 17.33, FC-1 Flood Channel Zone, Specifically Referencing Fencing, Structures for Public Transportation, Vegetation and Penalties No action was taken on Planning Resolution 03-2015 because the public hearing was reopened for written public comments. 8. Future Agenda Items Commissioners held a brief discussion regarding future agenda items. Adjournment Planning Commission Chair Kopell adjourned the meeting at 8:32 pm. nnnah rite lanning Commission, Minutes Page 10 of 10 Agenda Probation NFIP Policy Index • Definition/Description • NFIP Requirement • Guidance • Related Keywords Definition/Description When attempts to resolve enforcement problems through community assistance or consultation have failed, the FEMA Regional Director may place a community on probation. The probationary period lasts at least until all program deficiencies have been corrected and violations have been remedied to the maximum extent possible, and it may be extended for up to one year after that. Probation has no effect on the continued availability of flood insurance; however, an additional charge of $50.00 will be added to the premium for each policy for a period of at least one1 year. When the community is given the 90-day written notice of probation, there is concurrent notification to the affected Congressional delegation, a 90-day notice to each flood insurance policyholder in the community that they will be surcharged $50 because of actions by their community, and a 60-day notice in the form of a press release to local media. If the community fails to take remedial measures during the probationary period, the Regional Director may recommend suspension from the NFIP. A community may also be reinstated on probationary status after having been suspended. NFIP Requirement • 59.24 (b) - Probation Guidance • IS-9 Managing Floodplain Development Through The National Flood Insurance Program (NFIP) (page 2-15) (PDF 8MB) (entire document) Related Keywords Agenda " Community Assistance Visit (CAV) " Community Compliance Program " Program Deficiency " Reinstatement " Surcharge (Insurance) " Suspension Last Updated: 07/24/2014 - 16:00 Agenda " Definition/Description " NFIP Requirement " Guidance " Related Keywords " Supplemental Information for Suspension Definition/Description The National Flood Insurance Act of 1968 prohibits FEMA from providing flood insurance in a community unless the community adopts and enforces floodplain management regulations that meet or exceed minimum NFIP criteria. A community can be suspended from the NFIP for failure to adopt compliant floodplain management measures or if it repeals or amends previously compliant floodplain management measures. A community can also be suspended from the NFIP for failure to enforce its floodplain management regulations. New flood insurance coverage cannot be purchased and policies cannot be renewed in a suspended community. In addition, three-year policies become void at the end of the current policy year with a pro rata refund given for any remaining years of the original three-year policy term. National Flood Insurance Program (NFIP) Requirement " 59.24 - Suspension of community eligibility. " (a) Suspension for Failure to Adopt Regulations " (c) - Suspension for Failure to Enforce Regulations Guidance IS-9 Managing Floodplain Development Through The National Flood Insurance Program (NFIP) (page 2- 15) (PDF 8MB, TXT 1 MB) (entire document) Agenda Related Keywords • Community Assistance Visit (CAV) • Community Compliance Program • Participation in the NFIP • Probation Supplemental Information for Suspension A community that does not join the NFIP, has withdrawn from the program, or is suspended from it, faces the following sanctions: 1. No resident will be able to purchase a flood insurance policy. 2. Existing flood insurance policies will not be renewed. 3. No Federal grants or loans for development may be made in identified flood hazard areas under programs administered by Federal agencies such as HUD, EPA, and SBA; 4. No Federal disaster assistance may be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood. 5. No Federal mortgage insurance or loan guarantees may be provided in identified flood hazard areas. This includes policies written by FHA, VA, and others. 6. Federally insured or regulated lending institutions, such as banks and credit unions, must notify applicants seeking loans for insurable buildings in flood hazard areas that there is a flood hazard and that the property is not eligible for Federal disaster relief. Last U pdated: 07/24/2014 - 16:00 Agenda April 6, 2015 To The Moab City Planners Just a couple weeks ago I met with Mayor Dave and Dave Olsen about having to confront people in my backyard on Pack creek. It is becoming a regular part of my days. I feel that I am vulnerable to an element that is not always kind and understanding, sometimes scary, gnarly, angry and irrational My signs and fence lines are constantly being vandalized, it's a short step into my safety and privacy zone from there. By saying we cannot define our Property boundaries you are mainlining all of this element into our backyards and homes. I don't feel this should be encouraged. How would you like a parade of unknowns through your backyard? I did a little research and found that it is a fact urban trails inject crime into the areas they go. Also, 5% is nothing as far as significant flood insurance savings goes. It is sad that the City is not trying to protect and uphold private property rights. And that tax paying private property owners have to defend themselves against the City. I have personally lived here and paid taxes and stewarded this land for over 22 years. It looks to me that this ordinance is mostly about Chapter 17.33.020-you, the City wants the creek bottoms for "Public Parks, trails, and open space". I do not believe these changes you are proposing will add to the "welfare and safety of the residents" along Mill and Pack Creek, but will provide "access for" transients, "residents" and unknown elements into our backyards and homes. Don't get me wrong, I am all for trails. Trail Mix has been doing a great job. Public access (trails) on private property is altogether a different. Thank you for your consideration in this matter Mary Weingarden a -c c a) 0 Q AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 28, 2oi5 Agenda lte n #: 7-2 Title: Municipal Wastewater Planning Program Resolution Fiscal Impact: No direct impact - Adoption of this resolution will help warrant the City's need for funding for future infrastructure improvements and additions. Staff Presenter(s): Jeff Foster Department: Public Works Applicant: Water & Sewer Department Background/Summary: Each year the Department of Environmental Quality (DEQ) requests that the City submit by resolution of the City Council a Municipal Wastewater Planning Program Annual Report. This program allows The State of Utah to identify and solve potential problems with municipal wastewater systems before they become serious and costly. In order to do this, DEQ needs to know the current condition of our wastewater system. They gather this information through the attached Municipal Wastewater Planning Program Self -Assessment Report for Moab for 2014, which has been completed by City Staff and is ready for the City Council to take the appropriate action. 1 Options: Approve, Deny or Table Staff Recommendation: Approve Recommended Motions: "I move to approve item Resolution #15-2015." Attachment(s): Municipal Wastewater Planning Program Annual Report for 2014 Agenda RESOLUTION # 15-2015 ACCEPTING THE MUNICIPAL WASTEWATER PLANNING PROGRAM ANNUAL SELF - ASSESSMENT REPORT FOR 2014. WHEREAS, the Municipal Wastewater Planning Program Annual Self -Assessment Report for 2014 for the City of Moab ("the Report") is attached hereto; and WHEREAS, the City Council has reviewed the Report; and WHEREAS, the City has taken all appropriate actions necessary to maintain effluent requirements contained in the UPDES Permit. NOW, THEREFORE, we the governing body of the City of Moab do hereby inform the State of Utah Water Quality Board that the following actions have been taken by the City of Moab: 1. The City Council has reviewed the Municipal Wastewater Planning Program Annual Self - Assessment Report for 2014 for the City of Moab. 2. The City of Moab has taken all appropriate actions necessary to maintain effluent requirements contained in the UPDES Permit. 3. Passed and adopted by action of the Governing Body of the City of Moab, Utah in open session this 28th day of April, 2015. ATTEST: Rachel E. Stenta City of Moab Resolution # 15-2015 Page 1 of 1 David L. Sakrison Mayor Agenda Phone: E-mail: Municipal Wastewater Planning Program (MWPP) Financial Evaluation Section Owner Name: MOAB Name and Title of Financial Contact Person: G i Ft,{ JIB' 6(4(14 i,- 435 - ta.(03 {S-h-e ►M oaio < < 4_y °Yy PLEASE SUBMIT TO STATE BY: May 1, 2015 Mail to: MWPP - Department of Environmental Quality Division of Water Quality 195 North 1950 West P.O. Box 144870 Salt Lake City, Utah 84114-4870 Phone : (801) 536-4300 Agenda NOTE: This questionnaire has been compiled for your benefit by a state sponsored task force comprised of representatives of local government and service districts. It is designed to assist you in making an evaluation of your wastewater system and financial planning. Please answer questions as accurately as possible to give you the best evaluation of your facility. If you need assistance please call, Emily Cant6n. Utah Division of Water Quality: (801) 536-4342. I. Definitions: The following terms and definitions may help you complete the worksheets and questionnaire: User Charge (UC) - A fee established for one or more class(es) of users of the wastewater treatment facilities that generate revenues to pay for costs of the system. Operation and Maintenance Expense - Expenditures incurred for materials, labor, utilities, and other items necessary for managing and maintaining the facility to achieve or maintain the capacity and performance for which it was designed and constructed. Repair and Replacement Cost - Expenditures incurred during the useful life of the treatment works for obtaining and installing equipment, accessories, and/or appurtenances necessary to maintain the existing capacity and the performance for which the facility was designed and constructed. Capital Needs - Cost to construct, upgrade or improve the facility. Capital Improvement Reserve Account- A reserve established to accumulate funds for construction and/or replacement of treatment facilities, collection lines or other capital improvement needs. Reserve for Debt Service - A reserve for bond repayment as may be defined in accordance with terms of a bond indenture. Current Debt Service - Interest and principal costs for debt payable this year. Repair and Replacement Sinking Fund - A fund to accumulate funds for repairs and maintenance to fixed assets not normally included in operation expenses and for replacement costs (defined above). Agenda Part 1: OPERATION AND MAINTENANCE Complete the following table: Question Points Earned Total Are revenues sufficient to cover operation, maintenance, and repair & replacement (OM&R) costs at this time? YES = 0 points NO = 25 points �`\ �j Are the projected revenues sufficient to cover operation, maintenance, and repair & replacement (OM&R) costs for the next five gears? YES - 0 points NO = 25 points S Does the facility have sufficient staff to ensure proper O&M? YES = 0 points NO = 25 points Has a dedicated sinking fund been established to provide for repair & replacement costs? YES = 0 points NO = 25 points Is the repair & replacement sinking fund adequate to meet anticipated needs? YES = 0 points NO = 25 points 5 TOTAL PART I =5 O Part II: CAPITAL IMPROVEMENTS Complete the following table: Question Points Earned Total Are present revenues collected sufficient to cover all costs and provide funding for capital improvements? YES = 0 points NO = 25 points v Are projected funding sources sufficient to cover all projected capital improvement costs for the next five years? YES - 0 points NO = 25 points 5 Are projected funding sources sufficient to cover all projected capital improvement costs for the next ten years? YES - 0 points NO = ZS points 5 Are projected funding sources sufficient to cover all projected capital improvement costs for the next twenty years? YES - 0 paints NO = 25 points 5 Has a dedicated sinking fund been established to provide for future capital improvements? YES = 0 points NO = 25 points O TOTAL PART 11 = 5 Agenda Part III: GENERAL QUESTIONS Complete the following table: Question 1s the wastewater treatment fund a separate enteprise fund/account or district? Are you collecting 95% or more of your sewer billings? Points Earned YES = 0 points NO = 25 points YES = 0 points NO = 25 points • Total f% 0 Is there a review, at least annually, of user fees? YES = 0 points NO = 25 points lJ Are bond reserve requirements being met if applicable? Estimate as best you can the following: Cost of projected capital improvements (in thousands) YES = 0 points NO = 25 points TOTAL PART III = L Part IV: PROJECTED NEEDS 2015 2016 2017 2018 2019 35o Lf5o 61-S toy Leo Point Summation Fill in the values from Parts I through Ill in the blanks provided in column 1. Add the numbers to determine the MWPP point total that reflects your present financial position for meeting your wastewater needs. Part Points 1 6o II 7 S Ill o Total , 9\ 5 Agenda Resolution Number MUNICIPAL WASTEWATER PLANNING PROGRAM RESOLUTION RESOLVED that MOAB informs the Water Quality Board the following actions were taken by the CITY COON`,, 1. Reviewed the attached Municipal Wastewater Planning Program Report for 2014. 2. Have taken all appropriate actions necessary to maintain effluent requirements contained in the UPDES Permit (If Applicable). Passed by a (majority) (unanimous) vote on (date) Mayor/Chairman Attest: Recorder/Clerk Municipal Wastewater Planning Program (MWPP) Collection System Section Owner Name: MOAB Name and Title of Contact Person: Phone: E-mail: �r r- T. PLEASE SUBMIT TO STATE BY: May 1, 2015 Mail to: MWPP - Department of Environmental Quality Division of Water Quality 195 North 1950 West P.O. Box 144870 Salt Lake City, Utah 84114-4870 Phone : (801) 536-4300 Form completed by Municipal Wastewater Planning Program (MWPP) Collection System Section Owner Name: MOAB Name and Title of Contact Person: P ►3 CI( (Los-) 25 -7yif E-mail: 4)3`4" . roc. c7 Phone: PLEASE SUBMIT TO STATE BY: May 1, 2015 Mail to: MWPP - Department of Environmental Quality Division of Water Quality 195 North 1950 West P.O. Box 144870 Salt Lake City, Utah 84114-4870 Phone : (801) 536-4300 Form completed by Tee af� Part I: SYSTEM AGE A. What year was your collection system first constructed (approximately)? Year B. What is the oldest part of your present system? Oldest part years Part II: BYPASSES A. Please complete the following table: Question Number Points Earned Total Points How many days last year was there a bypass, overflow or basement flooding by untreated wastewater in the system due to rain or snowmelt? 0 times = 0 points 1 time = 5 points 2 times = 10 points 3 times = 15 points 4 times = 20 points 5 or more = 25 points How many days last year was there a bypass, overflow or basement flooding by untreated wastewater due to equipment failure? (except plugged laterals) 0 times = 0 points 1 time = 5 points 2 times = 10 points 3 times = 15 points 4 times = 20 points 5 or more = 25 points f� TOTAL PART II = B. The Utah Sewer Management Program defines sanitary sewer overflows into two classes. Below include the number of SSOs that occurred in 2014: Number of Class 1 SSOs in Calendar year 2014 Number of Class 2 SSOs in Calendar year 2014 Class 1- a Significant SSO means a SSO or backup that is not caused by a private lateral obstruction or problem that: (a) effects more than five private structures; (b) affects one or more public, commercial or industrial structure(s); (c) may result in a public health risk to the general public; (d) has a spill volume that exceeds 5,000 gallons, excluding those in single private structures; or (e) discharges to Waters of the state. Class 2 — a Non -Significant SSO means a SSO or backup that is not caused by a private lateral obstruction or problem that does not meet the Class 1 SSO criteria. Part II: BYPASSES (cont.) Please specify whether the SSOs were caused a contract or tributary community, etc. Part III: NEW DEVELOPMENT A. Please complete the following table: Question Points Earned Total Points Has an industry (or other development) moved into the community or expanded production in the past two years, such that either flow or wastewater loadings to the sewerage system were significantly increased (10 - 20%)? No - 0 points Yes - 10 points Are there any major new developments (industrial, commercial, or residential) anticipated in the next 2- 3 years, such that either flow or BOD5 loadings to the sewerage system could significantly increase (25%)? No = 0 points Yes = 10 points TOTAL PART III = B. Approximate number of new residential sewer connections in the last year new residential connections C. Approximate number of new commercial/industrial connections in the last year new commercial/industrial connections D. Approximate number of new population serviced in the last year ".2,1 new people served Part IV: OPERATOR CERTIFICATION A. How many collection system operators are currently employed by your facility? collection system operators employed B. What is/are the name(s) of your DRC operator(s)? L L V 1 Lloyn S fNs�w C. You are required to have the collection DRC operator(s) certified at Grade 11 What is the current grade of the DRC operator(s)? D. State of Utah Administrative Rules requires all operators considered to be in DRC to be appropriately certified. List all the operators in your system by their certification class. Not Certified Small Lagoons Collection I Collection II Collection III Collection IV E. Please complete the following table: Question Points Earned Total Points Is/are your DRC operator(s) currently certified at the appropriate grade for this facility? (see C) Yes - 0 points No = 50 points C How many continuing education units has each of the DRC operator(s) completed over the last 3 years? 3 or more = 0 points less than 3 = 10 points TOTAL PART IV = Part V: FACILITY MAINTENANCE A. Please complete the following table: Question Points Earned Total Points Do you follow an annual preventative maintenance program? Yes = 0 points No = 30 points Is it written? Yes = 0 points No = 20 points Do you have a written emergency response plan? Yes = 0 points No = 20 points Do you have an updated operations and maintenance manual Yes = 0 points No = 20 points -' Do you have a written safety plan? Yes = 0 points No = 20 points TOTAL PART V = Part VI: SSMP EVALUATION A. Has your system completed its Sewer System Management Plan (SSMP)? Yes NO /\ big A fr P4 Ar,1 616-1/47.1,)6 ILE ✓rL iW � ld 12.. -re) A f. -7 61J B. If the SSMP has been completed then has the SSMP been public noticed? No Yes, included date of public notice C. Has the SSMP been approved by the permittee's governing body at a public meeting? Yes NO D. During the annual assessment of the operation and maintenance plan were any adjustments needed based on the performance of the plan? No If yes, what components of the plan were changed (i.e. line cleaning, CCTV inspections and manhole inspections and/or SSO events) Part VI: SSMP EVALUATION (cont.) E. During 2014 was any part of the SSMP audited as part of the five year audit? No If yes, what part of the SSMP was audited and were changed made to the SSMP as a result of the audit? F. Has your system completed its System Evaluation and Capacity Assurance Plan (SECAP) as defined by the Utah Sewer Management Program? Yes NO The following are required completion dates that the SSMP and SECAP based on population. The SSMP and SECAP must be public noticed and approved by the permittee's governing body in order to be considered complete. Program Population < 2,000 2,000 - 3,500 3,501 — 15,000 15,001 — 50,000 > 50,000 SSMP 3-31-16 3-31-16 9-30-15 3-31-15 9-30-14 SECAP Optional 9-30-17 9-30-16 3-31-16 9-30-15 SSMP Signatory Requirement I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting falsg information, including the possibility of fine and imprisonment for knowing viglations. Sig a'tiite of Signatory Official Date (1)5r e p6, Print Name of Signatory Official Title The signatory official is the person authorized to sign permit documents, per R317-8-3.4. Part VII: SUBJECTIVE EVALUATION This section should be with the system operators, A. Describe the physical condition of the sewer collection system: (lift stations, etc. included) �t (,) ,; ),015t B. What sewerage system improvements does the community have under consideration for the next 10 years? -k,oerb Paco P/Pt- rot_ sqp-i.- 1914)f 19,E9L ( r uk C. Explain what problems, other than plugging have you experienced over the last year 0\PEP- �c 6 ,r e � F t ' �^"> a �= r � ' m� i' �. � � _fit ; > � .Es � I, D. Is your community presently involved in formal planning for system expansion/upgrading? If so explain. A() YZ-. 19_,6 c_ Y � C P C , Cv i t Q era Li )9 ie -e 4 1,7 E. Does the municipality/district pay for the continuing education expenses of operators? ALWAYS SOMETIMES NO If they do, what percentage is paid? approximately r r Part VII: SUBJECTIVE EVALUATION (cont.) F. Is there a written policy regarding continuing education and training for wastewater operators? YES / NO G. Any additional comments? (Attach additional sheets if necessary.) `r µC c ! 1 P1 Pe),./069 N'%gip 6-12f46 F r Wit' A1�1) Pis- }�Mt_ i./0x4 r L4 sz)7, ar r1.46 S Srrr-_ r 'CA t f •i tt L D 19Lc1;- P GT IC L P 41' Sv POINT SUMMATION Fill in the values from Parts II through V in the blanks provided in column 1. Add the numbers to determine the MWPP point total that your wastewater facility has generated for the past twelve months. Part Points I I III IV V Total Municipal Wastewater Planning Program (MWPP) Mechanical Plant Section Owner Name: MOAB Name and Title of Contact Person: Phone:��� E-mail: n�� i-, �.�y7770 t7-5 , 001 PLEASE SUBMIT TO STATE BY: May 1, 2015 Mail to: MWPP - Department of Environmental Quality Division of Water Quality 195 North 1950 West P.O. Box 144870 Salt Lake City, Utah 84114-4870 Phone : (801) 536-4300 Form corn leted by Part I: INFLUENT INFORMATION A. Please update (if needed) the average design flow and average design BOD5 and TSS loading for your facility. Average Design Flow (MGD) Average Design BOD5 Loading (Ibs/day) Average Design TSS Loading (Ibs/day) Design Criteria„ ,� .; (' 90% of the Design Criteria � j , �[� -4 B. Please list the average monthly flows in millions of gallons per day (MGD) and BOD5 and TSS loadings in milligrams per liter (mg/L) received at your facility during 2014. (Calculate the BOD5 and TSS loadings in pounds per day (Ibs/day). Month (1) Average Monthly Flow (MGD) (2) Average Monthly BOD5 Concentration (mg/L) (3) Average BOD5 Loading (Ibs/day) 1 (4) Average Monthly TSS Concentration (mg/L) (5) Average TSS Loading (Ibs/day) 2 January C 3rk F',11.)' `-� ,�, /�' i 3 , `' February 3' ,r March (119 ^ ( % (-A t7 : / AO 7 April -J ,) L4,933 � j i e-) May /, 0(: .)1 & l % r.�-IS 4 < 7 June / - / 6 .A 7 7 eiZS, 7` / I-f - -- 7 5 Jul 9 * / ) ' August , C ° / ,4,_3 l , % 0 (`) ,. ; 1 l September f, ( • cl 1 October f November j... 4 t t , j(„ . December ',%,,r _ °u ./ / _ -'7/ y Average y 9 q z. del `r ., , � 7 , 1 BOD5 Loading (3) = Average Monthly Flow (1) x Average Monthly BOD5 Concentration (2) x 8.34 2 TSS Loading (5) = Average Monthly Flow (1) x Average Monthly TSS Concentration (4) x 8.34 r Part I. INFLUENT INFORMATION (cont.) C. Refer to the information in A & B to determine a point value for your facility. Please enter the points for each question in the blank provided. Question Number Points Earned Total Points How many times did the average monthly flow (Part B., Column 1) to the wastewater facility exceed 90% of design flow? Fes;} 0 = 0 points 1 - 2 = 10 points 3 - 4 = 20 points 5 or more = 30 points How many times did the average monthly flow (Part B.. Column 1) to the wastewater facility exceed the design flow? ;` 0 = 0 points 1 - 2 = 20 points 3 - 4 = 40 points 5 or more = 60 points - How many times did the average monthly BOD5 loading (Part B., Column 3) to the wastewater facility exceed 90% of the design loading? 0-1 = 0 points 1 - 2 = 10 points 3 - 4 = 20 points 5 or more = 30 points 3 6 How many times did the average monthly BOD5 loading (Part B., Column 3) to the wastewater facility exceed the design loading? 0 = 0 points 1 - 2 = 20 points 3 - 5 = 40 points 5 or more = 60 points . TOTAL PART I = Part II: EFFLUENT INFORMATION A. Please list the average monthly BOD5, TSS, Ammonia (NH3), monthly maximum C12, minimum monthly DO, and 30-day geometric averages for Fecal and Total Coliform,or E-Coli produced by your facility during 2014. Month (1) BOD5 (mg/L) (2) TSS (mg/L) Fecal Coliform (#/100 mL) Total Coliform (#/100 mL) (5) E-Coli (6) C1 / (mg/ (7) DO (mg/L) (8) NH3 (mg/L) Whole Numbers Only One Decimal Place Only January ...., , / f)' ,+)� February ; g: March April /1/ / 17 _ f t (� May t t 1 i 'll L:, June -ti' _� ' L I s July 3 )� � , --, August j) 7 � 'I 5f i `7 September - ; , October 7 i November 3 3, December -' Average -; 8' B. Please list the monthly average permit limits for the facility in the blanks below. BOD5 (CBODS) (mg/L) maximum CIZ (mg/L) NH3 (mg/L) minimum DO (mg/L) Monthly Permit Limit dp` 1 L✓ ` '� P 80% of the Permit Limit /I s Part II: EFFLUENT INFORMATION (cont.) C. Refer to the information in A & B and your operating reports to determine a point values for your facility. Question Number Points Earned Total Points How many months did the effluent BOD5 (CBOD5) exceed 80% of monthly permit limit? 0 -1 = 0 points 2 = 5 points 3 = 10 points 4 = 15 points` 5 or more = 20 points ' How many months did the effluent BOD5 (CBOD5) exceed the monthly permit limits? 0 = 0 points 1 - 2 = 10 points 3 or more = 20 points 1' How many months did the effluent TSS exceed 20 m /L? g ,--, 0 -1 = 0 points 2 = 5 points 3 = 10 points 4 = 15 points 5 or more = 20 points f` f How many months did the effluent TSS exceed 25 mg/L? 0 = 0 points 1 - 2 = 10 points 3 or more = 20 points r j. `-' How many times did the CI6 exceed permit limit? 0 = 0 points 1 - 2 = 15 points 3 or more = 30 points How many times did the NH3 exceed permit limits? 0 = 0 points 1 - 2 = 15 points 3 or more = 30 points How many times did the DO not meet permit limit? 0 = 0 points 1 - 2 = 15 points 3 or more = 30 points How many months did the 30-day fecal coliform exceed 200 #/100 mL? 0 = 0 points 1 - 2 = 10 points 3 or more = 20 points How many months did the 30-day total coliform exceed 2,000 #/100 mL? 0 = 0 points 1 - 2 = 10 points 3 or more = 20 points How many months did the 30-day E-coli exceed 126 #/100 mL? / 0 = 0 points 1 - 2 = 20 points'`z 3 or more = 40 points t , TOTAL PART II = ti) Part III: FACILITY AGE In what year were the following process units constructed or underwent a major upgrade? To determine a point score subtract the construction or upgrade year from 2014. Points = Age = Present Year - Construction or Upgrade Year. Enter the calculated age below. If the point total exceeds 20 points, enter only 20 points. Unit Process Current Year Construction or Last Upgrade Year Age -Points Headworks 2014 ' 7 % 7 Primary Treatment 2014 YY7 t, / Secondary Treatment 2014 fc f 7 Solids Handling 2014 ) ! 7 f 7 Disinfection 2014 x ”1 d TOTAL PART III (not greater than 20) = Part IV: BYPASSES Please complete the following table: Question Number Points Earned Total Points How many days in the past year was there a bypass or overflow of untreated wastewater due to high flows? ) 0 = 0 points 1 = 5 points 2 = 10 points 3 = 15 points 4 = 20 points 5 or more = 25 points F„^x How many days in the last year was there a bypass or overflow of untreated wastewater due to equipment failure? 0 = 0 points 1 = 5 points 2 = 10 points 3 = 15 points 4 = 20 points 5 or more = 25 points TOTAL PART IV = Part VI: NEW DEVELOPMENT (cont.) B. Approximate number of new residential sewer connections in the last year new residential connections C. Approximate number of new commercial/industrial connections in the last year new commercial/industrial connections D. Approximate number of new population serviced in the last year Ae--new people served Part VII: OPERATOR CERTIFICATION A. How many operators are currently employed by your facility? operator(s) employed B. What is/are the name(s) of your DRC operator(s)? m .'" J - O6 d%4/1 sir! C. You are required to have the treatment DRC operator(s) certified at GRADE III. What is the current grade of the DRC operator(s)? i3 D. State of Utah Administrative Rules Require that all operators considered to be in DRC to be appropriately certified. List all the operators in your system by their certification class. Not Certified Treatment I Treatment II Treatment III Treatment IV Part V: SOLIDS HANDLING A. Please complete the following table: Current Disposal Method (check all that apply) Points Earned Total Points Landfill Class B = 0 points < Class B = 50 points. Land Application Site Life 0 - 5 years = 20 points 5 - 10 years = 10 points 10+ years = 0 points Give Away/Distribution and Marketing Class A = 10 points Class B = 20 points 1 TOTAL PART V = Part VI: NEW DEVELOPMENT A. Please complete the following table: Question Points Earned Total Points Has an industry (or other development) moved into the community or expanded production in the past two years, such that either flow or wastewater loadings to the sewerage system were significantly increased (10 - 20%)? No - 0 points Yes - 10 points ' Are there any major new developments(industrial, commercial, or residential) anticipated in the next 2- 3 years, such that either flow or BOI-A loadings to the sewerage system could significantly increase (25%)? No = 0 points Yes = 10 points Have you experienced any upset due to septage haulers? No = 0 points Yes = 10 points I TOTAL PART VI = Question Points Earned Total Points Is/are your DRC operator(s) currently certified at the appropriate grade for this facility? (see C) Yes = 0 points No = 50 points How many continuing education units has each of the DRC operator(s) completed over the last 3 years? 3 or more = 0 points less than 3 = 10 points TOTAL PART VII = Question Points Earned Total Points Do you follow an annual preventative maintenance program? Yes = 0 points No = 30 points �. Is it written? Yes = 0 points No = 20 points f Do you have a written emergency response plan? Yes = 0 points No = 20 points_ Do you have an updated operations and maintenance manual Yes = 0 points No = 20 points. Do you have a written safety plan? Yes = 0 points No = 20 points " TOTAL PART VIII = % , Part IX: SUBJECTIVE EVALUATION This section should be completed with the facility operators. A. Do you consider your wastewater facility to be in good physical and structural condition? YES NO If NOT, why? B. What improvements do you think the plant will need in the next 5 years? All �� Pike:* C. Where there any backups into basements at any point in the collection system in 2014. YES NO Why? (do not include backups due to clogged laterals) D. Does the municipality/district pay for the continuing education expenses of operators? ALWAYS SOMETIMES NO If so, what percentage do they pay? approximately /00 % Part VII: OPERATOR CERTIFICATION (cont.) E. Please complete the following table: Question Points Earned Total Points Is/are your DRC operator(s) currently certified at the appropriate grade for this facility? (see C) Yes - 0 points No = 50 points How many continuing education units has each of the DRC operator(s) completed over the last 3 years? 3 or more = 0 points less than 3 = 10 points TOTAL PART VII = Part VIII: FACILITY MAINTENANCE A. Please complete the following table: Question Points Earned Total Points Do you follow an annual preventative maintenance program? Yes = 0 points No = 30 points Is it written? Yes = 0 points No = 20 points Do you have a written emergency response plan? Yes = 0 points No = 20 points = . f Do you have an updated operations and maintenance manual Yes = 0 points No = 20 points Do you have a written safety plan? Yes = 0 points No = 20 points TOTAL PART VIII = Part IX: SUBJECTIVE EVALUATION (cont.) E. Is there a written policy regarding continuing education and training for wastewater operators? YES fy NO F. Have you done any major repairs or mechanical equipment replacement in 2014? (do not include construction or upgrade projects) YES NO G. What was the approximate cost for those repairs or replacements? H. Any additional comments? (Attach additional sheets if necessary.) POINT SUMMATION Fill in the values from Parts I through VIII in the blanks provided in column 1. Add the numbers to determine the MWPP point total that your wastewater facility has generated for the past twelve months. Part Points I� III) iv t) V,; VI c VII°. VIII Total "V AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 28, 2oi5 Agenda item #: 7-3 Title: Approval of a Fiscal Year 2015 Source Grant Agreement for a Water Quality Hardship Grant from the State of Utah Division of Water Quality Fiscal Impact: In -kind services and labor Staff Presenter(s): Eric Johanson, Acting City Engineer Department: Engineering Applicant: n/a Background/Summary: The approval of the Utah Nonpoint Source Grant Authorization Letter and the FY 2015 Nonpoint Source Grant Agreement are needed to receive the funding for the Pack Creek bank restoration at the north end of Wagner Avenue. In 2010 Stan Holland had Jim Keogh install what might best be described as a building pad on his parcel at this location. He did not seek any permits to do this, and much of the material was placed in the City's FC-1 zone, which is also the Pack Creek flood zone and floodway. Although staff pursued possible prosecution for the flagrant disregard of the City's and building department's codes, the City prosecutor showed little interest. City engineer Rebecca Andrus then decided to pursue funding from the Utah Water Quality Board, part of the Division of Water Quality, through the Moab Area Watershed Partnership chaired by Arne Hultquist. Rebecca submitted the application and this authorization letter and agreement are the result of its acceptance by the funding body. The Division of Water Quality's interest is in seeing the material removed from the Pack Creek flood area, so as to avoid this material being washed downstream in floods or rain events. The funds will be used to hire a contractor who will remove the material in the flood area and restore the stream bank to a condition that will avoid erosion and future deposition of material in the flood area. The Utah Water Quality board will provide $31,264 at the outset with $5,000 more to be made available after July 2015. The City's match is to provide in -kind equipment for dirt moving, in -kind labor of plan preparation, permitting and billing, etc., as well as materials and dump fees etc., all valued at $24,472.40. Options: Approve, deny or table. Staff Recommendation: Staff recommends approving the Grant Agreement J Agenda Recommended Motion: I move to approve Fiscal Year 2015 Source Grant Agreement for a Water Quality Hardship Grant from the State of Utah Division of Water Quality in the amount of $5,000. Attachment(s): Grant Agreement Agenda UTAH DIVISION OF WATER QUALITY 195 North 1950 West PO Box 144870 Salt Lake City, Utah 84114-4870 Non Point Source Financial Assistance Application Please attach this application as a cover page to your proposal. Address requirements 4-12 of this application in a short 3-6 page proposal with appropriate headings. Be sure to include all required signatures and requested information. Additional information may be requested upon submission of applications. Applicant Name: City of Moab ❑ Individual ❑ Non -Profit ® Govt. Agency ❑ Academic ❑ Commercial ❑ Other Co -Applicant Name (if applicable): Stan Holland ® Individual ❑ Non -Profit ❑ Govt. Agency ❑ Academic ❑ Commercial ❑ Other Business Name (if applicable): Mailing Address: 217 E Center St City: Moab State: UT Zip: 84532 Phone: 435 -259 -5121 E-mail: ejohanson@,moabcity.org Project Title: Pack Creek at Wagner Ave. Stream Bank Restoration Location of NPS Project with location map: see attached application 1. Grant Purpose (please check all applicable): ® Water Quality Improvement ❑ TMDL Implementation ® Disaster Mitigation ❑ Manure Management ❑ Education/Outreach ❑ Pollution Study ❑ Project Monitoring ❑ On -Site Wastewater ❑ Other 2. Utah NPS Grant Funding Request: Labor $5,000 Materials $ Equipment $ Administration $ Miscellaneous $ TOTAL NPS Funding Requested SS,000 (please include bids for labor, equipment, rentals, etc.) Page 1 of 3 Agenda 3. Other Funding Sources being used (EQIP, GIP, WRI, Local, In -kind labor, or other): Funding Source See attached documentation Amount $ $ $ Total Amount of matching funding: $See attached documentation Total Project Cost (Requested + Matching Funds): $ 4. Estimated time frame of the project: From 6/2015 To 12/2015 5. Describe the scope of the project: This request is for the $5,000 dollars that was not awarded to this project last year. The project was selected by DWQ for funding but DWQ funded $31,709 of the 36,709 requested because of budgeting constraints. DWQ requested us to request funding for the rest of the funding in this year's funding cycle. 6. Describe the waterbody affected by the project including 12 digit watershed (HUC), and identify any existing watershed plans or TMDLs that the project will help implement: See attached document. 7. Describe the purpose and need for the project: See attached document 8. Describe the surface or groundwater problem to be addressed by the project: see attached document 9. Describe the water quality benefits/load reductions to be realized by the project: See attached document. 10. Do you currently have project plans and specifications? ® Yes ❑ No 11. List consultants or agency partners that have participated, or will participate in project development: Arne Hultquist/Watershed Coordinator PO Box 46 Moab, UT 84532 801-910-5619 Name/Company Address Name/Company Phone Address Phone I am willing to: (1) comply with all applicable laws and work with designated technical personnel as assigned to the above —referenced project in preparation of project implementation; (2) submit detailed project information to the Utah Division of Water Quality as requested to evaluate water quality improvements; (3) not to apply any practices which would tend to defeat the purpose of the project; and (4) allow continued monitoring and evaluation of the project activities implemented on my property. Signature Date Applicant Agenda Page 2 of 3 Signature Date Co -Applicant (if applicable) Agenda Page 3 of 3 UTAH DIVISION OF WATER QUALITY 195 North 1950 West PO Box 144870 Salt Lake City, Utah 84114-4870 Non Point Source Financial Assistance Application Be sure to include all required signatures and requested information. Additional information may be requested upon submission of applications. Applicant Name: Stan Holland (SPAR) X❑ Individual ❑ Non -Profit ❑ Govt. Agency ❑ Academic ❑ Commercial ❑ Other Co -Applicant Name (if applicable): City of Moab ❑ Individual ❑ Non -Profit X❑ Govt. Agency ❑ Academic ❑ Commercial ❑ Other Business Name (if applicable): N/A Mailing Address: 217 E Center St. City: Moab State: _UT Zip: 84532 Phone: 435 - 259 - 5121 E-mail: rebecca@moabcity.org or jfosterQmoabcity.org Project Title: Pack Creek at Wagner Ave. Stream Bank Restoration Location of NPS Project with location map: 1. Grant Purpose (please check all applicable): ® Water Quality Improvement ❑ TMDL Implementation ❑X Disaster Mitigation ❑ Manure Management ❑ Education/Outreach ❑ Pollution Study ❑ Project Monitoring ❑ On -Site Wastewater ❑ Other 2. Utah NPS Grant Funding Request: Labor $ 12,000.00 Materials $ Equipment $ 19,800.00 Administration $ 3,816.00 Miscellaneous $ 1,092.60 (Dump Fees) TOTAL NPS Funding Requested $ 36,708.60 (please include bids for labor, equipment, rentals, etc.) Page 1 of 3 Agenda 3. Other Funding Sources being used (EQIP, GIP, WRI, Local, In -kind labor, or other): Funding Source Amount In -kind Equipment (for dirt moving equipment as shown in proposal) In -kind Labor/Admin (for plans, permitting, report writing, and billing) _Local and Private Funding for materials, dump fees, and other misc costs $ 4,350.00 $ 8,215.00 $ 11,907.40 Total Amount of matching funding: $ 24,472.40 Total Project Cost (Requested + Matching Funds): $ 61,181.00 4. Estimated time frame of the project: From Receipt of funding (assumed Apr 2015) To Jun 2015 5. Describe the scope of the project: The project includes restoration of the natural steambank through removal and disposal of concrete and other construction debris that was dumped in this area, regrading the streambank to match the historical slope, and construction of a berm to properly direct drainage (See attached drawings "SPAH- Wagner Ave. Floodway Vacation" and "Wagner Ave. Streambank Restoration'). Once all the earthwork has been completed, the area will be revegetated with a native grass seed mix to reduce the erosion potential. The City of Moab is working with the property owner to resolve this longstanding issue. City Staff will handle all of the administrative responsibilities for the project including, but not limited to administering the grant funding, obtaining appropriate permits, providing construction oversight, and writing the final report. It is anticipated that City crews will assist with the removal of dirt and other non -concrete debris from the project area as part of the in - kind match. The property owner may also be assisting with some of the soil removal and revegetation activities. A contractor will be responsible for removal and proper disposal of the concrete. Dump fees are $10/CYfor commercial disposal, which will total $10,000 for the estimated 1000 CY of concrete to be removed Costs have been estimated based on the attached drawings. A bid for concrete and dirt removal by James Keogh Contracting is also attached. 6. Describe the waterbody affected by the project including 12 digit watershed (HUC), and identify any existing watershed plans or TMDLs that the project will help implement: Pack Creek — 140300050403. Pack Creek is violating its TDS standards. Removal of the concrete will eliminate a source of TDS contamination. 7. Describe the purpose and need for the project: For many years prior to purchase by the current owner, this area was used to dump significant amounts of concrete and other construction debris as well as the dumping of appliances and other household trash. The current owner has cleaned up much of the trash. However, removal of the concrete was cost prohibitive. The property Page 2 of 3 Agenda owner attempted to remedy the situation by covering the concrete with soil, but this created steep slopes that readily erode and exacerbated the constriction of the floodway previously caused by the historic concrete dumping. This project will clean up the debris, reestablish the former stream bank, provide a berm to properly direct drainage, revegetate to reduce the erosion potential, and restore the floodway capacity of the Pack Creek channel. 8. Describe the surface or groundwater problem to be addressed by the project: This project addresses surface water quality issues related to the significant soil erosion potential, leaching of chemicals from the concrete and other construction debris, and mitigates a floodway constriction. 9. Describe the water quality benefits/load reductions to be realized by the project: Floodplain stability is increased, reducing sediment loading during store: events. This will be difficult to measure because loading during storm events is difficult to quantify. 10. Do you currently have project plans and specifications? ❑ Yes ®No (Nearly final plans have been produced, see attached) 11. List consultants or agency partners that have participated, or will participate in project development: Arne Hultquist/Watershed Coordinator PO Box 46 Moab, UT 84532 801-910-5619 Name/Company Address Name/Company Phone Address Phone I am willing to: (1) comply with all applicable laws and work with designated technical personnel as assigned to the above —referenced project in preparation of project implementation; (2) submit detailed project information to the Utah Division of Water Quality as requested to evaluate water quality improvements; (3) not to apply any practices which would tend to defeat the purpose of the project; and (4) allow continued monitoring and evaluation of the project activities implemented on my property. Signature Date Applicant Signature Date Co -Applicant (if applicable) Page 3 of 3 Agenda Pack Creek at Wagner Ave. Stream Bank Restoration List of Attached Exhibits — Project Location Map (Wagner Subdivision) A Topographic Survey of Portions of the SPAH Ltd. Property (3) Site Photographs showing the project area with soil fill covering much of the concrete, though some portions of concrete are still visible Photograph of bank before fill was spread over the concrete (Photo Courtesy of Rim to Rim Restoration) FIRM map of Floodway in vicinity of Project Area Cultural Resource Evaluation/Determination 12-05-05sa SPAN — Wagner Ave. Floodway Vacation (Contours show proposed restoration of streambank) Wagner Ave. Streambank Restoration - Cost Proposals for Concrete Removal and Earthwork Agenda cl!� ge0v tiepunoq waylnos Paddy A 1 Lance Avenue • v 101 )4)018 S 101 flaa�.2s pa43Pjd Uo/s a^vQ �IaaaU�pM� / r . JJ.yJPd 1111111.� 1.8'68b lse3 weed •pzi A used FiVd5 V >0018 44°1 a� � Pasoa &aA s °-d gOoz uorso. a;o gale yaw abgu;gip pug uaninD 3llai'S4Zl'L DaS ao7 till S wo0)61:0S 3 Pup 4Z1W N SOd I.101 ord1MYN Hods So max 'P17 HYdS w� WY+a1W WOO SOW. vi icn >� Wu« ' J,LH3d08d P7 [ HYdS 3H1 d0 SNOLLZIOd 30 MIMS 0111dYti80d01 Y ASK '11Yl.1 tr.% 111115 1A1103 1[Yl i. .9iVGf3,1rrag QNr7 11.9129Ay wrx0.1 u .1110 n° u' r`lo�ii i "i w.a uo"i .wm x � ulin .1 in a .0 rn w wr r .r A.rw000 rinim n / 11.51Ww.sA>ta 1 11.n'4vm A+i 'l 11 y t R 1'e Was P IR !A >t ar.l P 91Wr r P 1o.rRltlq Ateadldt.'l£Y4 71 FJ nYo fro rr. u P.r nx .a1w mark .00.. )w a1.wn Nrx i iuwo x •a. r rvrl.rY Waa YlYYM arc YnM PYY yWW OK". SV�41111111W' mWAna� M U.Yn.orH Do ippv a Yrair I ��91Y7111.LHrt7 samutains SII og w a Ai :�-,.><.>• AAa N011L7s8 5S0H3 t _ _AN 1 n i. d. a ,) .M 1 y11+w 41 3IYSS 71HdYTl7 too I r • � Ttunia 0.f Zank Fi f 1,,),1.5 ,s.jort-,64,J 0. r 6-14c Agenda 1.5 be ilvuee•ras s sed ( 0 vz-S X a old r aJ;L 142, PAAP SCALE 1" = 500' 0 500 1000 �E� . F4 RAC CC PANEL1766D <' FIRM IL11 1 ;I I 1 FLOOD INSURANCE RATE MAP GRAND COUNTY, UTAH AND INCORPORATED AREAS PANEL 1766 OF 2100 (SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM! PARR LAYOUT'. 1,44IL _.1,Ir• N.ACIF Eta— -a.r. nIKZ1.1 s wn: r Net./ IA Um ''r MN N aN.1,.+e. On ra.a 1r CHaYNe IMalw MAP NUMBER 49019C17660 EFFECTIVE DATE APRIL 2, 2009 Federal Emergency Management Agency l:.11 l 7tss la an t6tlal Iseq cgs Foram or the shoo reterwxee seed map a WIN aatraeted NamA FAIET On -Una Ilea map don net resact changes p ementimeraa ntaell may haw Wen media a 16eeetuent to the data on the Pee tlxk. Por the Mime riveuct Irinnetion enema Nedonet Flood trrewanee Prnpram good naps Cheek the FEW Flood Lapp Stan et Nemo mec.tefna quv GARY R. HERBERT Governor GREG BELL lieutenant Governor May 14, 2012 Lori Hunsaker Deputy State Historic Preservation Officer 300 South Rio Grande Street Salt Lake City, UT 84101-1182 State of Utah DEPARTMENT OF NATURAL RESOURCES MICHAEL R. SIYLER Executive Mrector Division of Water Rights KENT L. JONES &wte Ettguteer. pington DOreetor Re: Cultural Resource Evaluation/Determination 12-05-05sa Dear Ms. Hunsaker. Based on our review, it appears that no historic properties will be adversely affected associated with this Stream Alteration. It will be advised in an approval that if adverse impacts are identified, appropriate steps would need to be taken. if additional information becomes available, this determination may be re-evaluated. Sincerely, aren Rasmussen, P.G. Streams Alterations 1544 West North Temple, Suite 220, Po Box 146300, Salt Lake City, Ur 84114-6300 telephone (801) 538-7240 • facsimile (801) 538-7467 . TTY (801) 538-7458 • wwW.waternghrs.Wah.gos. UTAH DNR WAT[II RIGHTS Agenda anoiNoo,ol 03S0dO8d anoiN0o,z 03S0d0ad anomoo,O I 1SIX3 — anO1N00,z _ 1SIX3 GN30311 I ` \I �� _" 1 � �\off \\\\---- �-� \ \ _�2a \� \� \ ��\ \\ \\ \ �. 1 i----....... �aa ; ` -� \ aed __-_----1- NN'N \ \ .Ol 6i0 Ap0g1000./ wwr 116,-6SZ NCO Z£6b8 Win 'avow ozz airs 15 831N33 3 Llz 1N3 W121 Vd3C1 ONIT133NION3 gVOW 10 JC11J otP s 133� _ des 'sP�9�` 1 = A�P00IJ� �\ „ z -oz woi j lepaien Jean of pa nnbaj vonnype3 uolineA mempoom eon nueem - N�dS laa� 0E = yaul L 09 OE 51. 0 -OA-no 9e9` L = 1VAOLAEH a1t/WIXOlddd NOI1V120�Aal ONV NOI1V1101S�21 >INb'S ` VA0W3DialONOO 1 NOLLV2:1O1.Sal NNVOW` 3aLS .3AV -.IDNOVNI slowed easy Piezu}{ poold 3NDZ 1--03 - Ae,mpoo!j panowaa oq o; II!d pueien PROPOSAL James Keogh Contracting P.O. Box 1476 Moab, UT 84532 435-260-8127 Proposal Submitted To: City of Moab Job Name: Pack Creek at Wagner Ave. Stream Bank Restoration Address: 217 E Center St. Moab, UT 84532 Job Location: Wagner Subdivision Date: 4/7/2014 Date of Plans: Undated Phone: 435-259-4941 Fax: 435-259-4135 Plans prepared by: City of Moab We hereby submit specifications and estimates for: Removal of approximately 536 Cubic Yards of Dirt from SPAH Property at north end of Wagner Street per attached City of Moab plans titled (SPAR - Wagner Ave. Floodway Vacation) and disposing of some of it on SPAH property and other approved locations. Equipment - 966 Cat Loader for 30 hrs @ $75.00 = $2,250.00 Labor -Operator for 30 hrs @ $50.00 = $1,500.00 Equipment - Kenworth End Dump for 35 hrs @ $60.00 = $2,100.00 Labor - Operator for 35 hrs Cad $50.00 = $1,750.00 Subtotal - _ $7,600.00 Administration (12%1- _ $ 912.00 Concrete Total - _ $8,512.00 Assumptions: No Dump Fees Required No Imported Materials Required Work will be done as soon as grant funding is available, which is expected to be Spring of 2015. Estimates based on $4.00/Gallon Fuel Equipment fuel consumption assumed at 10/Gallons/Hour We propose hereby to furnish material and labor - complete in accordance with the above specifications for the sum of: Estimated Total: $8,512.00 Any alteration or deviation from above specifications involving extra costs will be executed only upon written order and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or other delays beyond the control of the Contractor. Respectfully submitted: -_ ve-- ,...,,,p Agenda PROPOSAL James Keogh Contracting P.O. Box 1476 Moab, UT 84532 435-260-8127 Proposal Submitted To: lob Name: City of Moab Pack Creek at Wagner Ave. Stream Bank Restoration Address: lob Location: 217 E Center St. Wagner Subdivision Moab, UT 84532 Date: Date of Plans: 4/7/2014 Undated Phone: Fax: Plans prepared by: 435-259-4941 435-259-4135 City of Moab We hereby submit specifications and estimates for: Removal of approximately 1000 Cubic Yards of Concrete from SPAH Property at north end of Wagner Street per attached City of Moab plans titled (SPAR —Wagner Ave. Floodway Vacation) and disposing or at SSD #1 Equipment — Kenworth End Dump for 120 hrs @ $60.00 = $7,200.00 Labor —Operator for 120 hrs @ $50.00 = $6,000.00 Equipment — 320 Cat Excavator for 120 hrs @ $105.00 = $12,600.00 Labor — Operator for 120 hrs P $50.00 = $6,000.00 Subtotal — _ $31,800.00 Administration (12%) — _ $3,816.00 Concrete Total — _ $35,616.00 Assumptions: Dump Fees by Others No Imported Materials Required Work will be done as soon as grant funding is available, which is expected to be Spring of 2015. Estimates based on $4.00/Gallon Fuel Equipment fuel consumption assumed at 10/Gallons/Hour We propose hereby to furnish material and labor — complete in accordance with the above specifications for the sum of: Estimated Total: $35,616.00 Any alteration or deviation from above specifications Respectfully submitted: involving extra costs will be executed only upon written order and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or other delays beyond the control of the Contractor. Agenda