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PKT-CC-2015-04-28
Moab 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 " P a g e s 5 - 2 1 t o 5 - 2 8 " P a g e 3 - 1 9 - F l o o d w a y A n a l y s i s R e l a t e d K e y w o r d s " E n c r o a c h m e n t s " N o - r i s e C e r t i f i c a t i o n f o r F l o o d w a y s " F i l l L a s t U p d a t e d : 0 7 / 2 4 / 2 0 1 4 - 1 6 : 0 0 A g e n d a 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 " F e b r u a r y 1 8 , 2 0 1 4 - 1 : 0 0 p m E a s t e r n / 1 0 : 0 0 a m P a c i f i c " M a r c h 1 8 , 2 0 1 4 - 1 : 0 0 p m E a s t e r n / 1 0 : 0 0 a m P a c i f i c " M a y 2 0 , 2 0 1 4 - 1 : 0 0 p m E a s t e r n / 1 0 : 0 0 a m P a c i f i c " J u l y 1 5 , 2 0 1 4 - 1 : 0 0 p m E a s t e r n / 1 0 : 0 0 a m P a c i f i c " D e v e l o p i n g O u t r e a c h P r o j e c t s ( A c t i v i t y 3 3 0 ) " F e b r u a r y 1 9 , 2 0 1 4 - 1 : 0 0 p m E a s t e r n / 1 0 : 0 0 a m P a c i f i c " A p r i l 1 6 , 2 0 1 4 - 1 : 0 0 p m E a s t e r n / 1 0 : 0 0 a m P a c i f i c " H i g h e r R e g u l a t o r y S t a n d a r d s ( A c t i v i t y 4 3 0 ) " M a r c h 1 9 , 2 0 1 4 - 1 : 0 0 p m E a s t e r n / 1 0 : 0 0 a m P a c i f i c C o m i n g s o o n : " P r e p a r i n g f o r t h e C R S V e r i f i c a t i o n V i s i t " D r a i n a g e S y s t e m M a i n t e n a n c e ( A c t i v i t y 5 4 0 ) " N a t u r a l F l o o d p l a i n F u n c t i o n s R e g i s t r a t i o n G o t o h t t p : / / a t k i n s g l o b a l n a . w e b e x . c o m / t c a n d t y p e "