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HomeMy Public PortalAboutPKT-CC-2009-03-24CITY OF MOAB MARCH 24, 2009 PRE-COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Updated on: 3/20/2009 Moab City Recorder’s Office Sun Mon Tue Wed Thu Fri Sat 1 2 4:00 GCWB 6:00 GCAB 3 4 7:00 CVPC 5 6:00 MCPC 6 7 8 9 12:30 GCCOA 10 12:00 TRAIL MIX 3:00 MVFPOC 5:00 GCCMD 6:30 TSSFD 7:00 MC Council Meeting 11 6:00 GCPC 12 13 14 15 16 17 18 5:00 GCLB 6:30 CVTC 7:00 GCRSSD 19 5:30 TCAB 20 21 22 23 12:00 CJC 24 3:00 MTPSC 5:00 SEUDHD 7:00 MC Council Meeting 25 6:00 GCPC 26 6:00 MCPC 27 28 29 30 31 2009 March Entry Full Description Meeting Location DatesCHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last ThursdayCVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd ThursdayCVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st WednesdayCVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd WednesdayGCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd TuesdayGC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd TuesdayGCAB Grand County Airport Board 125 East Center Street 2nd TuesdayGCCOA Grand County Council on Aging Grand Center 2nd MondayGCHEC Grand County Higher Education Committee USU Extension Office 4th ThursdayGCHPC Grand County Historic Preservation Committee Grand Center 4th WednesdayGCLB Grand County Library Board 257 East Center Street 2nd WednesdayGCPC Grand County Planning Commission 125 East Center Street 2nd & 4th WednesdayGCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd WednesdayGCSDBE Grand County School District Board of Education 264 South 400 East 3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st ThursdayGCWB Grand County Weed Board Grand Center 1st MondayGWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd ThursdayLPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd MondayMARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st ThursdayMATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th ThursdayMC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th TuesdayMCPC Moab City Planning Commission 217 East Center Street 2nd & 4th ThursdayMMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd ThursdaySEUALG South Eastern Utah Association of Local Government Price 2nd ThursdaySEUDHD South Eastern Utah District Health Department Green River City OfficesTRAIL MIX Trail Mix Grand Center 2nd Tuesday noonTSSD Thompson Special Service District Thompson Springs Fire Station 2nd TuesdayTSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 3/20/2009 Moab City Recorder’s Office Sun Mon Tue Wed Thu Fri Sat 1 7:00 CVPC 2 3 4 5 6 6:00 GCAB 4:00 GCWB 7 7:00 MC Council Meeting (Budget) 8 4:30 GCHPC 6:00 GCPC 9 6:00 MCPC 10 11 12 13 12:30 GCCOA 14 12:00 TRAIL MIX 3:00 MVFPOC 5:00 GCCMD 7:00 MC Council Meeting 15 6:30 CVTC 7:00 GCLB 7:00 GCRSSD 16 5:30 TCAB 17 18 19 20 21 22 6:00 GCPC 23 6:00 MCPC 24 25 26 27 28 3:00 MTPSC 7:00 MC Council Meeting 29 30 2009 April Entry Full Description Meeting Location DatesCHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last ThursdayCVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd ThursdayCVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st WednesdayCVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd WednesdayGCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd TuesdayGC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd TuesdayGCAB Grand County Airport Board 125 East Center Street 2nd TuesdayGCCOA Grand County Council on Aging Grand Center 2nd MondayGCHEC Grand County Higher Education Committee USU Extension Office 4th ThursdayGCHPC Grand County Historic Preservation Committee Grand Center 4th WednesdayGCLB Grand County Library Board 257 East Center Street 2nd WednesdayGCPC Grand County Planning Commission 125 East Center Street 2nd & 4th WednesdayGCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd WednesdayGCSDBE Grand County School District Board of Education 264 South 400 East 3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st ThursdayGCWB Grand County Weed Board Grand Center 1st MondayGWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd ThursdayLPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd MondayMARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st ThursdayMATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th ThursdayMC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th TuesdayMCPC Moab City Planning Commission 217 East Center Street 2nd & 4th ThursdayMMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd ThursdaySEUALG South Eastern Utah Association of Local Government Price 2nd ThursdaySEUDHD South Eastern Utah District Health Department Green River City OfficesTRAIL MIX Trail Mix Grand Center 2nd Tuesday noonTSSD Thompson Special Service District Thompson Springs Fire Station 2nd TuesdayTSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday 2009 - 2010 Budget Process ScheduleDay & Date Time Description NotesTuesday, March 3 Departments Submit RequestsMarch 9-13 Departmental Budget MeetingsWednesday, April 1 Council Receives Preliminary BudgetTuesday, April 7 7:00 p.m. Council 2009-10 Budget WorkshopOverview/Revenues/Planning/Community Development/Millcreek/Recreation/MARC/ Swimming Pool/Community & Economic DevelopmentTuesday, April 28 7:00 p.m. Council 2009-10 Budget WorkshopWater/Sewer/Storm Drainage / Streets / Safety Parks/Capital Projects/Class C/ Sanitation/Building Inspection/EngineeringTuesday, May 5 7:00 p.m.Council 2009-10 Budget Workshop and Council 2008-09 Budget Opening WorkshopPolice/Animal Control/Drug Task Force/Animal Shelter/Administration/Executive/General/Film Commission Government/Recorder/Treasurer/Attorney/Youth City Council/Preparation for Council Recommended BudgetTuesday, May 12 7:00 p.m.Regular City Council Meeting/Request to go to Public Hearing for 2008-09 Budget OpeningTuesday, May 26 7:00 p.m.Regular City Council Meeting/2009-10 Budget Public HearingTuesday, June 2 7:00 p.m.Council 2008-2009 Budget Opening and 2009-10 Budget Workshop08-09 Budget Opening Issues 09-10 Budget Issues/DiscussionTuesday, June 9 7:00 p.m.Regular City Council Meeting/Consideration of 2009-10 Fiscal Year Budget for AdoptionTuesday, June 23 7:00 p.m.Public Hearing and Adoption for 2008-09 Budget Opening Thursday, July 9 2009-10 Budget Submitted to State3/20/2009 City of Moab – Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, March 24, 2009 at 7:00 p.m. 6:30 p.m. PRE-COUNCIL WORKSHOP 7:00 p.m. Call to Order: Pledge to Flag: SECTION 1: APPROVAL OF MINUTES None SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PROCLAMATIONS and PRESENTATIONS 4-1 Proclamation of April 24, 2009 as Arbor Day in the City of Moab 4-2 Proclamation of March 24, 2009 as Grand County High School Debate Team Day 4-3 Presentation by the United States Forest Service Regarding the Brumley Grazing Allotment Revision SECTION 5: NEW BUSINESS 5-1 Proposed Ordinance #2009-04 – An Ordinance Annexing Property to the City of Moab 5-2 Award of the Golf Course Water Line Project 5-3 Approval of the Golf Course Water Line Project Contract 5-4 Approval of a Real Property Purchase Agreement Between the City of Moab and John R. Fogg City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org 5-5 Approval of a Moved-on Structure Permit for Creative Solutions Group, d.b.a. Creative Solutions Group to Conduct Exhibits and Displays for Moab Jeep Safari, Located at 290 South Main Street from April 6, to April 10, 2009 5-6 Request by the Youth Garden Project for Use of Swanny City Park Every Saturday, May 9 to October 24, 2009 to Conduct a Farmers’ Market 5-7 Approval of a Special Business Event License Application for the Youth Garden Project to Conduct a Farmers’ Market Every Saturday May 9 to October 24, 2009 5-8 Request by Jim Mattingly for Use of Swanny City Park April 24 to April 25, 2009 to Conduct the April Action Car Show 5-9 Approval of Proposed Ordinance #2009-03 – An Ordinance Amending the City of Moab Municipal Code, Chapter 15.40, Flood Damage Reduction, With the Replacement of Said Chapter With New Language As Required By the Federal Emergency Management Administration 5-10 Discussion Regarding Brumley Grazing Allotment Revision SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: PAY THE BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org CITY OF MOAB ARBOR DAY APRIL 24, 2009 WHEREAS, in 1872, J. Sterling Morton, the founder of Arbor Day, proposed that a special day be set aside for the planting of trees; and WHEREAS, trees reduce erosion, cut heating and cooling costs, produce oxygen, provide food and wildlife habitat, increase property values and beautify our community; and WHEREAS, the Mayor of Moab invites the community to participate in a tree planting event on Friday, April 24, 2009 at noon to plant trees at the Dixie Park, NOW THEREFORE, I, David L. Sakrison, Mayor of the City of Moab, do hereby proclaim April 24, 2009 as Arbor Day in Moab, Utah and urge all citizens to support efforts to plant and care for trees. David L. Sakrison, Mayor March 24, 2009 Rachel Ellison, City Recorder March 24, 2009 PROCLAMATION GRAND COUNTY HIGH SCHOOL DEBATE TEAM DAY Whereas, the Grand County High School Debate Team has won the Utah State Debate Championship for 2009; and Whereas, this year marks the fourth consecutive state championship and the seventh straight region championship for the team; and Whereas, each member of the Grand County High School Debate Team is an integral part of the team’s success as a whole and should be recognized for their contributions; and Whereas, placing at this year’s State Championship were Cori Santos, Audrey Baird, Athena Hawks and David Pilibosian; and Whereas, individual team members have also placed in national tournaments, noting that Hailey Henderson will represent the State of Utah in the 2009 National Speech and Debate Tournament; and Whereas, the team, including Coach Hal Adams and Assistant Coaches Ken Minor and David Adams, should be proud of continu-ing Grand County’s strong tradition of excellence in Speech and Debate; and Whereas, excellence in speech and debate demands hours of preparation, study and competition requiring both personal dedication and commitment to the team; and Whereas, participation in speech and debate helps students become superior communicators, critical thinkers, writers and citizens and is the single best predictor of success in college and in life. Now therefore, I, Dave Sakrison, by virtue of the authority vested in me as Mayor of the City of Moab, do hereby declare Tuesday, March 24, 2009 as Grand County High School Debate Team Day and encourage all students to become involved in the team if they are not already, and commend the 2008-2009 team for their superior accomplishments. In Witness whereof I have hereunto set my hand and caused this seal to be affixed on the 24th day of March, 2009. david L. Sakrison, Mayor Rachel Ellison, City Recorder Ordinance 2009-04 Page 1 of 1 ORDINANCE 2009-04 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING PROPERTY TO THE CITY OF MOAB WHEREAS, THE Moab governing body has received a petition for annexation of certain property as described in Exhibit “1” hereto; and WHEREAS, the property has been proposed for urban development as defined by Utah State Law; and WHEREAS, the City Council has determined that the property meets the requirements of the City's annexation policy plan; and WHEREAS, the landowners of the affected property have consented to and petitioned for this annexation and the City Recorder has certified that the application complies with applicable law; and WHEREAS, the City Council has considered comments from affected entities, if any, and no notice of protest has been filed subsequent to the publication of notice of the application, as required by law; and WHEREAS, the governing body has held the appropriate public hearings and given the appropriate public notice and received public input. NOW, THEREFORE, be it ordained by the governing body of the City of Moab City that: The property described in Exhibit “1” and located at approximately 792 West 400 North is hereby annexed into the City of Moab and the zoning designation for said annexation shall be zoned as R-4. This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. PASSED AND APPROVED THIS ____ DAY March OF, 2009. _______________________________ David L. Sakrison Mayor ATTEST: ______________________________ Rachel Ellison City Recorder PL-09-030 City of Moab Planning and Zoning Department Correspondence March 19, 2009 Memo To: Honorable Mayor and Members of the Council From: Planning Staff Subject: Adoption of Ordinance #2009-04, an Ordinance Annexing the Valley Vista Property to the City of Moab, as Submitted by Scott McFarland and Referred to Council by the Planning Commission Background Mr. Scott McFarland has applied for annexation of the .61-acre (26,572 square feet) tract of land located on the northwest corner of the intersection of Riversands Road and 400 North. The property is addressed as 792 West 400 North, and is west and adjacent to Riversands Road. Mr. McFarland, as the owner of record, has requested R-4 zoning to allow multi-family development. The Council reviewed the application in a public hearing held on March 10, 2009. Discussion The Planning Commission conducted a review of this application at their regular meeting held on January 22, 2009, and evaluated the annexation petition for conformance to the code. Chapter 1.32, attached, was used to determine compliance with the Annexation Policy Plan and state regulations. The Commission voted to favorably refer the application to Council with conditions: 1. The requested R-4 zoning will be applied to the property. 2. The additional access parcel adjacent to and extending north of the Apple Lane right-of-way be included as well as the other adjacent property along 400 North, 3. The surrounding adjacent zoning is to be applied to these areas. Recommendation Staff agrees with the Planning Commission and recommends that the annexation be approved with the listed conditions. City Council PL-09-030 2 Valley Vista Annexation March 19, 2009 Alternatives In its action, Council can: 1) Approve Ordinance #2009-04 as submitted; 2) Approve Ordinance #2009-04 with any changes necessary to satisfy other adopted regulations or address concerns; 3) Table the ordinance in order to satisfy needs for additional information. P:\PLANNING DEPARTMENT\2009\Correspondence\PL-09-030 Valley Vista Annex CC.doc Moab City – Golf Course Water Line Replacement CC - 1 CONSTRUCTION CONTRACT This CONTRACT is made and entered into this 24th, by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the Contract Documents referred to as the "City" and C& B Earthworks herein referred to as the "Contractor". WITNESSETH: WHEREAS, the City advertised that sealed Bids would be received for furnishing all labor, tool, supplies, equipment, materials and everything necessary and required for the Project described by the Contract Documents and known as Golf Course Water Line Replacement ; and WHEREAS, the Contract has been awarded to the above named Contractor by the City, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the Contract Documents. NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows: ARTICLE 1 Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Bid specifications for the Project; b. official design prints and specifications furnished by or to the Contractor and approved by the City; c. change orders, approved written instructions, and written contract amendments; and d. Performance and other bonds. e. General and Supplementary Conditions. f. Notice of Award ARTICLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract and other portions of the Contract Documents. Moab City – Golf Course Water Line Replacement CC - 2 ARTICLE 3 Contract Work. The Contractor agrees to furnish all labor, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks associated with the Work described in the Contract Documents, as limited to those items as indicated in the Notice of Award. Contractor warrants that all construction shall be completed in a workmanlike manner and in accordance with all plans, specifications, and applicable building codes. ARTICLE 4 Contract Time and Liquidated Damages. The Contractor hereby agrees to commence work under the Contract on or before the date specified in a written Notice to Proceed from the City, and to substantially and fully complete the work within the time specified in the Special Conditions. In the event that the work is not completed in the times set forth and as agreed upon, the Contractor further agrees to pay Liquidated Damages to the City as set forth in the Special Conditions. Special Conditions: The Contractor shall complete the specified projects no later than 45 days from the Notice to Proceed to avoid paying $500.00 per day as delay liquidated damages. The liquidated damages for delays shall be in addition to, and not in lieu of, any other rights or remedies accorded to the City under this Contract. ARTICLE 5 Contract Price and Payment Procedures. The Contractor shall accept as full and complete compensation for the performance and completion of all of the work specified in this Contract and the Contract Documents, the sum of thirty nine thousand two hundred and eleven dollars ($39,211). The Contract Price has been lawfully appropriated by the City Council of the City of Moab for the use and benefit of the Project. The Contract Price shall not be modified except by written change order executed by the City. a. Partial payments shall be made proportionate to the progress of the work according to the following schedule: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ _____________. Requests for payments shall be prepared by the Contractor and approved by the Project Manager. The City shall hold seven percent (7%) of the total project amount pending completion of the work and acceptance of the improvements by the City. b. Upon completion of the work and acceptance of the improvements under the Contract and before the Contractor's payment bond shall be released, the City shall publish in a newspaper published in the City a notice that the City has accepted such work as completed according to the Contract Documents and that the Contractor is entitled to final settlement therefore, and that persons having claims for labor, services, equipment, or materials furnished the Contractor shall present the same to the Contractor for payment not more than forty five (45) days after the last date services, labor, equipment, or materials were provided. Moab City – Golf Course Water Line Replacement CC - 3 ARTICLE 6 Bonds. Contractor shall furnish bonds acknowledged by a surety licensed and authorized to do business in the State of Utah. The bonds shall be attached to and become part of the Contract Documents. The following bonds shall be delivered at the time of execution of this Contract: a. A performance bond for the use and benefit of the City in an amount not less than one hundred percent (100%) of contract price. b. A payment bond for the use and benefit of subcontractors, laborers, and material men, in an amount not less than one hundred percent (100%) of the contract price. c. Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. d. The payment bond shall be released no sooner than forty six (46) days following the last date labor, services, equipment, or materials are provided under the contract, provided that no person has provided demand for payment as provided by law. In the event such demand is timely made the bond shall not be released until such claims are finally adjudicated. e. The performance bond shall be released no sooner than the date on which final notice of acceptance of the improvements is delivered to the Contractor by the City. f. Contractor shall provide a Certificate of Insurance as outlined in the following insurance requirements. Insurance Requirements The limits of liability for the insurance required by the Contractor shall provide coverage for not less the following amounts or greater where required by law: Workers’ Compensation 1. State: Statutory 2. Applicable Federal: Statutory 3. Employer’s Liability: State Insurance Requirements Comprehensive General Liability: 1. Bodily Injury: 1,000,000 CSL Each Occurrence 1,000,000 Annual Aggregate, Products and Completed Operation 2. Property Damage: 1,000,000 CSL Each Occurrence 1,000,000 Annual Aggregate 3. Property Damage Liability Insurance shall provide Explosion, Collapse, and Underground coverage where applicable. 4. Personal Injury, with employment exclusion deleted. 1,000,000 CLS Moab City – Golf Course Water Line Replacement CC - 4 Comprehensive Automobile Liability: 1. Bodily Injury: 1,000,000 CSL Each Person 1,000,000 CSL Each Accident 2. Property Damage: 1,000,000 CSL Each Occurrence The Comprehensive liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded or canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to OWNER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective work. Property Insurance: Coverage as needed for his on-and off site materials. ARTICLE 7 Contract Binding. The City and the Contractor each binds themselves, partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between the City and Contractor and may only be altered, amended or repealed by a duly executed written instrument. Neither the City nor the Contractor shall, without the prior written consent of the other, assign in whole or in part his interest under the Contract and specifically, the Contractor shall not assign any monies due or to become due without the prior written consent of the City. ARTICLE 8 Warranties. Unless otherwise expressly disclaimed in these Contract Documents, the Contractor warrants to the City that all the construction performed under this contract shall be free from defects of workmanship, labor, and materials, for a period of one (1) year from the date of final completion of the improvements, or as expressly provided in the bid specifications in the Contract Documents. ARTICLE 9 Extensions. For good cause shown, the City may grant a reasonable extension of time for the completion of improvements pursuant to this Contract. Good cause may include acts of God, severe weather disturbances, floods, strikes, riots, or other acts or causes which are unforeseen and beyond the Contractor's control. All extensions shall be approved in writing. ARTICLE 10 Legal Compliance, Indemnity. Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; Moab City – Golf Course Water Line Replacement CC - 5 that it maintains a suitable policy of motor vehicle and comprehensive general liability insurance and that said policy shall be in place for the duration of this Contract; and that it shall perform this Contract in compliance with all applicable local, state, and federal laws. a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liability, including costs of defense, as result of damages or losses to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breach of duties under this agreement by the Contractor, its officers, agents, employees, or subcontractors. ARTICLE 11 Venue, Choice of Law. The place of performance under this Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah. ARTICLE 12 Costs and Damages. In the event of any legal dispute concerning the subjects of this contract, the substantially prevailing party shall be entitled to recover its reasonable attorney's fees and court costs, together with all actual damages from breach. It is understood that in no event shall the City be liable to Contractor for consequential damages. ARTICLE 13 Notice of Breach, Limitation of Actions. In the event of the occurrence of any material breach of the terms of this contract the non-breaching party shall deliver written notice of same to the other party not more than forty five (45) days from the discovery of the act, omission, event, or default constituting breach. Failure to provide notice of breach as provided herein shall result in any such claim being barred. Any legal action pursuant to this contract shall be filed not more than one year from the date of written notice of breach. a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows: City Recorder City of Moab 217 East Center Street Moab, Utah 84532-2534 Contractor: C& B Earthworks 853 Rainbow Drive Moab, Utah 84532 IN WITNESS WHEREOF, the City of Moab, Utah, has caused this Contract to be subscribed by its Mayor and sealed and attested by its City Recorder in its behalf; and the Contractor has signed this Contract as set forth below. City of Moab, Utah Moab City – Golf Course Water Line Replacement CC - 6 Date:____________________ By:_______________________________ Mayor ATTEST: _________________________ City Recorder (Seal) Contractor: Date:______________________ By:________________________________ Title_______________________________ Title: State of Utah ) § County of Grand ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County REAL PROPERTY PURCHASE AGREEMENT BETWEEN THE CITY OF MOAB AND JOHN R. FOGG This Agreement is made and entered into this ____ day of March, 2009 by and between the City of Moab (“City”) and John R. Fogg. I. RECITALS. Whereas, John R. Fogg currently own real property, “the Property” more particularly described as: BEGINNING AT A POINT LOCATED S89 DEG. 59’ W 907.4 FEET FROM THE N1/4 CORNER OF SECTION 7, T26S, R22E,SLM, AND RUNNING THENCE S 9 DEG. 05’ E 98.8 FEET, THENCE S 83 DEG. 55’ E 60.6 FEET. THENCE N 87 DEG. 22’ E 47.2 FEET, THENCE S 73 DEG. 55’ E 75.9 FEET, THENCE N 03 DEG. 00’ W 123.2 FEET, THENCE S 89 DEG. 56’ W 189.48 FEET TO THE POINT OF BEGINNING. Whereas, the City wishes to purchase the Property for purposes of future expansion of Rotary Park; and Whereas, the City and the John Fogg have agreed on the terms of the purchase of the property. II. AGREEMENT. For valuable consideration, the sufficiency of which both parties acknowledge, it is agreed as follows: 1. AGREEMENT TO PURCHASE PROPERTY. The City agrees to purchase the Property, subject to the following conditions: 1.1 Included Items. Unless excluded herein, the purchase shall include all fixtures presently attached to the Property, including fencing, trees, landscaping, and utility connections, if any. 1.2 Excluded Items. There are no water rights, easements, permits, or other appurtenances that accompany this transaction. 2. TERMS OF SALE. Upon closing as provided herein, the City agrees to pay John Fogg the amount of $100,000. 3. CLOSING. This transaction is to be closed on or before March 31, 2009, subject to mutual satisfaction of all conditions contained herein. The parties may mutually agree in writing to amend/extend the closing date or other contract terms as necessary. 4. POSSESSION. Unless otherwise agreed to in writing, John Fogg shall deliver possession of the Property to the City at closing. 5. TITLE TO PROPERTY, WARRANTY, MERGER, AND TITLE INSURANCE. John Fogg shall convey title to the Property to the City by Warranty Deed. The Parties agree that the Property is conveyed in an “as is” condition. All promises or representations in this contract shall be abrogated and merged upon conveyance of the deed. The City shall be entitled to obtain, at its sole expense, a policy of title insurance concurrent with the closing. 6. PRE-PURCHASE INSPECTION. At any time no later than ten (10) calendar days prior to closing, the City shall be entitled to inspect the physical and legal condition of the Property, including all matters affecting title. If, in the reasonable discretion of the City, any unsatisfactory condition is discovered, the City may deliver written notice of same to John Fogg within that time to John Fogg which shall be entitled to abate or cure the condition at any time prior to closing. If John Fogg cannot cure or abate the unacceptable condition or if the parties are unable to agree upon any resolution, this contract shall terminate and both parties will be released of any further obligation. 7. REMEDIES. In the event of breach of this agreement, the remedies of each party shall be limited to rescission or specific performance. Should it be necessary for either party to seek judicial enforcement of this contract, the substantially prevailing party shall be entitled to recover its reasonable attorneys fees and court costs in addition to other relief afforded by this agreement. 8. CHOICE OF LAW, VENUE. This Agreement shall be subject to the laws of the State of Utah. In the event of any dispute, the parties stipulate to venue in the Seventh Judicial District Court, Grand County, Utah. 9. CONSTRUCTION. The parties agree that this contract is the product of mutual bargaining. It shall be interpreted in accordance with its plain meaning, regardless of the extent to which either party contributed toward the drafting. 10. AUTHORITY. The parties warrant that this contract has been duly authorized by the respective boards of both entities, that those bodies have the authority to enter into this agreement, and that the persons executing are authorized to bind their principal. 11. COMPLETE AGREEMENT. This Agreement constitutes the sole and complete agreement of the parties. All prior representations are superceded, and no subsequent modifications or promises shall be binding unless made in writing and duly executed by both entities. Both parties are relying upon their own independent judgment in entering into this transaction, and not any statements or representations made by the agents of the other party. There are no known or intended third party beneficiaries to this agreement. CITY OF MOAB: By: Mayor, David L. Sakrison Date Attest: Rachel Ellison, City Recorder Date John R. Fogg: Date State of Utah ) § County of Grand ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County WARRANTY DEED JOHN R. FOGG, Grantor, hereby CONVEYS and WARRANTS to the CITY OF MOAB, a Municipal Corporation, Grantee, of Moab, Utah, for good and valuable consideration, the following described tract of land in Grand County, State of Utah, to-wit: BEGINNING AT A POINT LOCATED S89 DEG. 59’ W 907.4 FEET FROM THE N1/4 CORNER OF SECTION 7, T26S, R22E,SLM, AND RUNNING THENCE S 9 DEG. 05’ E 98.8 FEET, THENCE S 83 DEG. 55’ E 60.6 FEET. THENCE N 87 DEG. 22’ E 47.2 FEET, THENCE S 73 DEG. 55’ E 75.9 FEET, THENCE N 03 DEG. 00’ W 123.2 FEET, THENCE S 89 DEG. 56’ W 189.48 FEET TO THE POINT OF BEGINNING. Subject to all easements, rights of way, restrictions, and conditions of public record and as shown in the recorded plat. Witness the hand of said grantors, this day of 2009. JOHN FOGG: By: John Fogg Date State of Utah ) § County of Grand ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County City of Moab Planning and Zoning Department Correspondence PL-09-028 March 19, 2009 Memo To: Honorable Mayor and Members of the City Council From: Planning Staff Subject: Public Hearing on Ordinance #2009-03, An Ordinance Adopting FEMA Regulatory Language for City Participation in the National Flood Insurance Program Background From time to time, FEMA makes changes to the required language that must be adopted by local jurisdictions to remain in good standing as participants in the National Flood Insurance Program. The attached ordinance is the draft document that FEMA has distributed to the states for compliance with federal regulations. Additions that have been made by staff are very few and focus on tying the FC-1 Zone into the FEMA language. Discussion The adoption of this document is required by FEMA so the city can retain the certification and participation in the National Flood Insurance Program. We have until April 2 to adopt this or the currently existing status concerning some of the structures in Moab will no longer be honored. This could mean loss of flood insurance coverage or such exorbitant amounts for insurance that it will create hardships for the property owners of these locations. The attached letter from FEMA is a more detailed description of the outcome if this document is not adopted by April 2, 2009. There is really little discussion or changes that can be made because the overwhelming bulk of the text is FEMA directed. Staff has attempted to tie the FC-1 and the Zoning Map into the adoption process and that is all. Much of the language is not new and is already in our code but has been clarified and reorganized in the FEMA draft for a more logical presentation. Recommendation Staff recommends that this ordinance be adopted as submitted. P:\PLANNING DEPARTMENT\2009\Correspondence\PL-09-027 FEMA regs to CC.doc ORDINANCE #2009-03 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 15.40, FLOOD DAMAGE REDUCTION, WITH THE REPLACEMENT OF SAID CHAPTER WITH NEW LANGUAGE AS REQUIRED BY THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION WHEREAS, the City Council (“Council”) adopted the Moab Municipal Code (“Code”) and especially Title 15.00, Buildings and Construction, and especially Chapter 15.40, Flood damage reduction, in an effort to encourage and facilitate orderly growth and development in the City as well as to curtail losses and damage to properties from flooding; and, WHEREAS, from time to time, the Federal Emergency Management Administration (FEMA) has presented necessary changes to the controlling ordinances that must be adopted for the City of Moab to participate in the National Flood Insurance Program (NFIP); and, WHEREAS, the City of Moab Planning Commission (“Commission”) in a public hearing held on March 20, 2009, reviewed the changes to the Code referencing flood control; and, 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 the City Council (Council) for review and approval; and, WHEREAS, Council reviewed Ordinance #2009-03 in a regularly scheduled meeting held on March 24, 2008, to hear and decide the merits of the proposed change to Chapter 15.40, Flood Damage Reduction, of the Moab Municipal Code; and, WHEREAS, Council found that the change benefits the residents of Moab. NOW, THEREFORE, the Moab City Council hereby repeals Chapter 15.40, Flood Damage Reduction, and replaces the language with Ordinance 2009-03 as follows: Chapter 15.40 FLOOD DAMAGE PREVENTION Article I Statutory Authorization, Findings of Fact, Purpose and Objectives Sections: 15.40.010 Statutory authorization. 15.40.020 Findings. 15.40.030 Purpose. 15.40.040 Methods of reducing flood losses. Article II Definitions Sections: 15.40.050 Definitions. Article III General Provisions Sections: 15.40.060 Applicability. 15.40.070 Basis for establishing flood hazard areas. 15.40.080 Compliance. 15.40.090 Abrogation and Greater Restrictions. 15.40.100 Interpretation. 15.40.110 Warning and disclaimer of liability Article IV Administration Sections: 15.40.120 Designation of floodplain administrator 15.40.130 Duties and Responsibilities of the Floodplain Administrator. 15.40.140 Floodplain development permit. 15.40.150 Permit Procedures. 15.40.160 Variance procedures. Article V Provisions for Flood Hazard Reduction Sections: 15.40.170 General Standards. 15.40.180 Specific standards. 15.40.190 Standards for subdivision proposals. 15.40.200 Standards for areas of shallow flooding (AO/AH Zones). 15.40.210 Floodways. Article VI Penalties for Noncompliance Sections: 15.40.220 Violation-Penalty. Article I Statutory Authorization, Findings of Fact, Purpose and Methods 15.40.010 Statutory authorization. The Legislature of the State of Utah has in U.S.C., Title 65A chapter 1,1, and Title 10,Chapter 10-9a- 505 Subsection 1(c)1,delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Moab, Utah, does ordain as follows: 15.40.020 Findings. (1) The flood hazard areas of the City of Moab are subject to periodic inundation that may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains that cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. 15.40.030 Purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health and prevent substantial loss or damage to real property; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and 7. Insure that potential buyers are notified that property is in a flood area. 8. To ensure that those persons who occupy the areas of special flood hazard assume responsibility for their actions. 15.40.040 Methods of reducing flood losses. In order to accomplish its purposes, this ordinance uses the following methods: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; 5 Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE II Definitions 15.40.050 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to provide the meaning they have in common usage and to give this ordinance its most reasonable application. ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V. BASE FLOOD - means the flood having a one percent chance of being equaled or exceeded in any given year. BASEMENT - means any area of the building having its floor sub-grade (below ground level) on all sides. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man-made change in improved and 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. ELEVATED BUILDING - means a non-basement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of June 4, 1980 "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION- Means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FEMA The Federal Emergency Management Agency FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. the overflow of inland or tidal waters. 2. the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY (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. This area is delineated as the FC-1 Zone as indicated on the City of Moab Official Zoning Map. FUNCTIONALLY DEPENDENT USE - means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE - means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: a) by an approved state program as determined by the Secretary of the Interior or; b) directly by the Secretary of the Interior in states without approved programs. LETTERS OF MAP REVISION Established administrative procedures to change the designation for properties that are located on the FIRM in Special Flood Hazard Areas (SFHA) . These processes are referred to as: I. Letter of Map Amendment, or LOMA II. Letter of Map Revision Based on Fill, or LOMR-F, III. Conditional Letter of Map Revision, or CLOMR LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle that is: 1. built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projections; 3. designed to be self-propelled or permanently towable by a light duty truck; and 4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Special Flood Hazard Area (SFHA). An area or areas shown on the FIRM that has a 1-percent or greater chance of flooding in any given year; this area is also referred to by some as the 1-percent- annual-chance floodplain, base floodplain, or the 100-year floodplain. START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or 2. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - is a grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations and Moab Municipal Code Title 17.00.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. ARTICLE III GENERAL PROVISIONS 15.40.060 Applicability. This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Moab, Utah. Current special flood hazard areas are also indicated on the City of Moab Official Zoning Map. 15.40.070 Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Grand County, Utah, unincorporated and incorporated areas" dated April 2, 2009, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study and associated FIRMs and the City of Moab Official Zoning Map are on file at 217 East Center Street. 15.40.080 Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. 15.40.090 Abrogation and Greater Restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 15.40.100 Interpretation. In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 2. Deemed neither to limit nor repeal any other powers granted under State statutes. 15.40.110 Warning and disclaimer of liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. ARTICLE IV Administration 15.40.120 Designation of the floodplain administrator The Zoning Administrator is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. 15.40.130 Duties & responsibilities of the floodplain administrator Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. 2. Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding. 3. Review, approve or deny all applications for Floodplain Development Permits required by adoption of this ordinance. 4. 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 which prior approval is required. 5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. 6. Notify, in riverine situations, adjacent communities and the Utah Division of Natural Resources, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. 8. When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. 9. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 10. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision). 15.40.140 Floodplain development permit. A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. 15.40.150 Permit procedures Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by the City of Moab Planning Department and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: 1. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; 2. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; 3. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, 15.40.180; 4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. 5. Maintain a record of all such information in accordance with Article 4, 15.40.130. Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: 1. The danger to life and property due to flooding or erosion damage; 2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 3. The danger that materials may be swept onto other lands to the injury of others; 4. The compatibility of the proposed use with existing and anticipated development; 5. The safety of access to the property in times of flood for ordinary and emergency vehicles; 6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; 7. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 8. The necessity to the facility of a waterfront location, where applicable; 9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 10. The relationship of the proposed use to the comprehensive plan for that area. 15.40.160 Variance procedures 1. The Board of Adjustments as established by the community shall hear and render judgement on requests for variances from the requirements of this ordinance. 2. The Board of Adjustments shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. 3. Any person or persons aggrieved by the decision of the Board of Adjustments may appeal such decision in the courts of competent jurisdiction. 4. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. 5. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. 6. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C(2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 7. Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, 15.40.030). 8. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 9. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 10. Prerequisites for granting variances: a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b) Variances shall only be issued upon: 1) showing a good and sufficient cause; 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 11. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: a) the criteria outlined in Article 4, Section D(1)-(9) are met, and b) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE V Provisions for flood hazard reduction 15.40.170 General standards In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: 1. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage; 4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, 7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 15.40.180 Specific standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, 15.40.070, (ii) Article 4, 15.40.150, or (iii) Article 5, 15.40.200, the following provisions are required. Properties located in the FC-1 Zone shall abide by separate regulations as described elsewhere in this chapter. 1. Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, 15.40.150, is satisfied. 2. Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. 3. Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b) The bottom of all openings shall be no higher than one foot above grade. c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes – a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. b) Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: 1) the lowest floor of the manufactured home is at or above the base flood elevation, or 2) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 5. Recreational Vehicles - Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either: a) be on the site for fewer than 180 consecutive days, b) be fully licensed and ready for highway use, or c) meet the permit requirements of Article 4, 15.40.150(1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 15.40.190 Standards for subdivision proposals 1. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Sections 15.40.020, 15.40.030, and 15.40.040 of this chapter. 2. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Sections 15.40.140, 15.40.130, 15.40.150, and the provisions of Article 5 of this ordinance. 3. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions.18 which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to 15.40.070, or 15.40.130 (8) of this ordinance. 4. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. 5. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. 15.40.200 Standards for areas of shallow flooding (ao/ah zones) Located within the areas of special flood hazard established in Article 3, 15.40.070, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). 2. All new construction and substantial improvements of non-residential structures; a) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; b) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, 15.40.150, are satisfied. 4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. 15.40.210 Floodways Floodways - located within areas of special flood hazard established in Article 3, 15.40.070, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry debris, potential projectiles and erosion potential, all of the following minimal provisions shall apply: 1. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 2. The proposed use is an allowed use as permitted in the regulations of the FC-1 Zone in Chapter 17.33. 2. If Article 5, 15.40.210 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. 3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. Article VI Penalties for noncompliance 15.40.220 Violation-penalty No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply 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. In addition, removal of all prohibited barriers, structures, or fill shall be completed at the expense of the violator. Nothing herein contained shall prevent the City of Moab from taking such other lawful action as is necessary to prevent or remedy any violation. This ordinance is effective upon adoption. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on _________ __, 2008. SIGNED: ______________________________ David L. Sakrison, Mayor ATTEST: _________________________________ Rachel Ellison, Recorder P:\2009\Ordinances\2009-03 new FEMA version.doc