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HomeMy Public PortalAboutPKT-CC-2019-04-23CITY OF MOAB APRIL 23, 2019 BUDGET WORKSHOP 12:00 P.M. JOINT PLANNING COMMISSION -CITY COUNCIL WORKSHOP 5:00 P.M. REGULAR COUNCIL MEETING 7:00 P.M. City Council Chambers 217 East Center Street Moab, Utah 84532 1• Pre -Council Workshop 1.1. 12:00 p.m. FY2o19-2o2o Budget Workshop - Discussion only 1.2. 5:00 p.m. Update from Landmark Design to the City Planning Commission and City Council Regarding the Future Land Use Planning Process and Overnight Accommodations Moratorium 2. Call to Order and Pledge of Allegiance 3• Approval of Minutes 3.1. April 9, 2019 - Regular City Council Meeting Minutes Documents: 2019-04-09 mcc minutes draft.pdf 4• Mayor and Council Reports 5• Administrative Reports 6• Public Hearing (Approximately 7:15 p.m.) 6.1. Public Hearing for the ADA Accessibility Improvements to Downtown Recreation Facilities Project Second public hearing Documents: ada accessibility improvements to downtown recreation facilities project agenda summary sheet.pdf cdbg second public hearing script. pdf 7. Presentations 7.1. Police Chief Ceremony 7.2. Arbor Day Proclamation 7.3. Students of the Month: Chloe Skowbo and Natalie Skowbo $• Citizens to Be Heard 9. Old Business 9.1. Discussion regarding the Draft Request for Proposals (RFP) for Architectural and Engineering Services for the Walnut Lane Trailer Park Redevelopment 9.2. Resolution 27-2oi9 - Adopting the Moab Parking Management Study - Briefing and possible action Documents: agenda summary sheet - resolution 27-2019 - parking management study.pdf attachment 1 - resolution 27-2019.pdf 9.3. Ordinance 2019-02 - Amending the City of Moab Municipal Code by Adding a New Chapter 17.68 Planned Affordable Development (PAD) - Briefing and possible action Documents: agenda summary sheet - ordinance 2019-02 - planned affordable development (pad).pdf ordinance 2019-02 - planned affordable development (clean). pdf ordinance 2019-02 - planned affordable development (legislative). pdf 10. New Business 10.1. Confirmation of Mayoral Appointment of Cory Shurtleff to the City Planning and Zoning Commission Documents: agenda summary sheet - confirmation of appointment of cory shurtleff to city planning commission .pdf 10.2. Ordinance 2019-14 - Modifying Wastewater Connection and Culinary Water Connection Procedures - Briefing and possible action Documents: agenda summary sheet - sewer connection changes 4-15- 19.pdf attachment 1 - draft sewer connection ordinance cgm 4-5-19 clean copy.pdf attachment 2 - redline comparison of existing code vs. sewer connection ordinance cgm 4-5-19 clean version.pdf 10.3. Resolution 26-2019 - Setting Temporary Water and Wastewater Connection Fees Pending Completion of a Master Fee Ordinance - Briefing and possible action Documents: agenda summary sheet - water connection changes resolution 26-2019.docx attachment 1 - culinary water and wastewater fee resolution 26-2019. pdf 10.4. Resolution 28-2019 - Approving an Interlocal Cooperation Agreement with the San Juan Spanish Valley Special Services District and the City of Moab - Briefing and possible action Documents: interlocal cooperation agreement agenda summary sheet.pdf attachment 1 - interlocal cooperation agreement.pdf attachment 2 - resolution 28-2019.pdf 10.5. Resolution 30-2019 - Authorizing the Mayor to Sign a Settlement Agreement Resolving All Claims by the Former City Manager - Discussion and possible action Documents: agenda summary sheet - resolution 30-2019 settlement agreement.pdf resolution 30-2019 - davidson settlement agreement.pdf 10.6. Award of the Collection Agency Services Proposal Documents: agenda summary sheet collection agency.pdf collection agency - scoring.pdf 10.7. Resolution 23-2019 - Adopting the FY2o19-202o Tentative Budget and setting a public hearing date for May 14, 2019 - discussion and possible action Documents: agenda summary sheet - fy20 tentative budget.pdf attachment a - fy20 tentative budget.pdf 11. Approval of Bills Against the City of Moab 12. Executive (Closed) Session 12.1. Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals 13. Adjournment Special Accommodations: 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.moabcitv.org MOAB CITY COUNCIL MINUTES --DRAFT REGULAR CITY COUNCIL MEETING APRIL 9, 2019 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. Pre -Council Workshop: At 12:o5 PM, Mayor Emily Niehaus called a workshop meeting to order. In attendance were Councilmembers Kalen Jones, Karen Guzman -Newton, Rani Derasary and Mike Duncan. Also in attendance were City Manager David Everitt, Sustainability Director Rosemarie Russo, Recorder Sommar Johnson, Finance Director Rachel Stenta, City Engineer Chuck Williams, Assistant Engineer Mark Jolissaint, Communications and Engagement Manager Lisa Church, Records Specialist Eve Tallman and one member of the press. A video recording of the workshop is archived at: https://www.youtube.com/watch?v=gi4pnomMqfo. An audio recording of the workshop is archived at: https://www.utah.gov/pmn/index.html. The workshop began with an update by Russo. She presented her draft Sustainability Action Plan of environmental, social and economic goals. She mentioned the 2019 Community Challenge and the next steps for Council to provide feedback on the draft. Councilmembers asked questions about green buildings, outdoor burning and fireplaces. Next was a briefing on the City's Five -Year Capital Improvement Program (CIP). Williams presented background on existing planning documents. He explained his staffs work with department heads regarding projects anticipated in the next five years. Williams briefly described 33 projects identified for a total of $46 million. He mentioned potential external funding sources totaling 25 percent of the proposed costs and outlined potential bonding projects. Councilmembers asked about repair and renovation or replacement of the Center Street Gym. Questions were asked about identifying funding sources, and City Manager Everitt brought up possible collaboration with the recreation special service district. Mayor Niehaus asked about the numerous check dams in the area and Williams stated they were not on the list of priorities. He noted delayed work on ioo South and upcoming work on Kane Creek Boulevard. Councilmember Jones asked about bonding into the future. Finance Director Stenta stated the prioritization of the projects will be important in view of debt capacity. City Manager Everitt mentioned better interest rates based on property tax repayment rather than sales tax - based repayment. Motion to Recess and Vote: Councilmember Jones moved to recess the meeting until 6:3o PM. Councilmember Guzman -Newton seconded the motion. The motion passed 4-o. Mayor Niehaus recessed the meeting at 1:22 PM. Executive Session: Councilmember Tawny Knuteson-Boyd moved to enter an Executive Closed Session for a Strategy Session to Discuss Reasonably Imminent and/or Pending Litigation and for a Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals. Councilmember Guzman -Newton seconded the motion. Mayor Niehaus began the session at 6:3o PM. Councilmember Jones moved to end the Executive Closed Session. Councilmember Guzman -Newton seconded the motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman - Newton voting aye. Mayor Niehaus ended the Executive Closed Session at 5:56 PM. Regular Meeting —Call to Order and Attendance: Mayor Niehaus called the meeting to order at 7:02 PM and led the Pledge of Allegiance. In attendance were Councilmembers Page i of 4 April 9, 2019 Knuteson-Boyd, Guzman -Newton, Jones, Duncan and Derasary. Also in attendance were City Manager Everitt, Assistant City Manager Linares, City Attorney Chris McAnany, Police Chief Jim Winder, City Engineer Williams, Communications and Engagement Manager Church, Recorder Johnson, Finance Director Stenta, Wastewater Reclamation Facility Superintendent Greg Fosse and Records Specialist Tallman. Twenty-five members of the public and media were present. An audio recording is archived at: http://www.utah.gov/pmn/index.html and a video recording is archived at https://www.youtube.com/watch?v=oG2NU1m9J7E. Councilmember Duncan announced he was not feeling well and left the meeting at 9:oo PM. Approval of Minutes: Councilmember Derasary moved to approve minutes of the March 20 and 26, 2019 meetings with one correction. Councilmember Duncan seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman - Newton and Duncan voting aye. Mayor and Council Reports: Mayor Niehaus reported on the upcoming Utah Outdoor Recreation Summit to be held in October in St. George. She also commented the City will partner with the Chamber of Commerce on the Fourth of July festivities. Also, the Mayor reported on progress with the Mill Creek/Powerhouse Lane area. She also touched on the Southeast Utah Association of Local Governments (SEUALG) meeting in Moab as well as the Future Land Use Plan, and remarked that she had planted a pinwheel to commemorate child abuse prevention month. Councilmember Derasary stated she attended the Future Land Use Plan open house and also planted a pinwheel. She mentioned a meeting with the Foster Care group and noted there is a need for more foster families. Councilmember Derasary also touched on the recent budget workshop, a meeting regarding facilities for the Emergency Medical Services and a meeting of the Canyonlands Health Care Special Services District at which the senior housing project was discussed. Councilmember Duncan reported he had considered the Charter School request for a crossing guard and had researched a high -intensity activated crosswalk beacon (HAWK light) and signage. He also mentioned a meeting with Ken Kolm, the City's hydrogeology consultant, and reported on his speculation that the new San Juan County well is drawing down neighboring wells. Duncan reported he attended both town hall events regarding the Future Land Use Plan. Councilmember Knuteson-Boyd reported on upcoming events at the Museum. Councilmember Guzman -Newton reported on the success of the recent Chamber of Commerce golf tournament. She mentioned she attended the Future Land Use open houses as well as a transportation authority meeting where the topic of re -appropriating hotspot funding from parking structures to dispersed lots for shuttle stops was discussed. She mentioned her attendance at meetings regarding train service, the Fourth of July, and the San Juan County Planning Commission's night sky ordinance. She mentioned there was resistance to the planned truck stop on School and Institutional Trust (SITLA) land and San Juan County code regarding overnight rentals and maximum building height. She concluded with thanks to local law enforcement agencies for help with a recent break-in at Poison Spider. Councilmember Jones reported on his research regarding affordable housing in Vail where the City buys deed restrictions and there are now 70o deed -restricted units in a community with two-thirds of the housing stock comprising second homes. Page 2 of 4 April 9, 2019 Administrative Report: City Manager Everitt reported on the progress of Landmark Design on the Future Land Use Plan. He mentioned the upcoming joint City County/Planning Commission meeting. He also brought up the shared documents process. City Attorney McAnany reported on his progress with edits of the proposed Planned Affordable Development (PAD) ordinance. Presentations: Students of the Month: Mayor Niehaus presented the April Student of the Month Awards for Helen M. Knight School: James Holyoak and Moab Charter School: Aylah Stocks -Dalton. National Service Recognition Day: Mayor Niehaus congratulated local Volunteers in Service to America (VISTA) workers and read a proclamation. Employee Recognition: The Mayor and Council recognized Wastewater Reclamation Facility Superintendent Greg Fosse, who was honored with the Utah Wastewater Operator of the Year award. Fosse received a standing ovation and thanked the City for his opportunity. Citizens to be Heard: Carrie Ann Marinelli thanked Council for work on street crossings near the Moab Charter School and for lowering the speed limit there. She brought up the Spring Musical at the school and then spoke about the burn ban within City limits and remarked that she wants to be able to burn yard waste. Christian Wright spoke about the 40o East Pack Creek roadway bridge near the Cottonwood Subdivision and noted the sharp pedestrian deck is dangerous for dogs. Old Business: Rezone of Property Located at 778 W. Kane Creek Boulevard —Failed Motions: Councilmember Duncan moved to table proposed Ordinance 2019-1o: Amending the Zoning for Property Located at 778 W. Kane Creek Boulevard in the RA-1, Residential - Agricultural Zone, to C-1, Commercial -Residential Zone, and Amending the City of Moab Official Zoning Map until the conclusion of the moratorium on nightly accommodations. The motion did not receive a second and the motion failed. After discussion regarding concern about the significance of the upzone, the nature of spot -zoning, the resemblance of the action to a conditional use permit and the absence of a greater area plan, Councilmember Guzman - Newton moved to approve the rezone. The motion did not receive a second and the motion failed. Administrative Work Plan —Discussion Council offered suggestions for additions and clarifications to the work plan. Councilmember Derasary and Mayor Niehaus mentioned code enforcement issues, Councilmember Jones requested a briefing by City Attorney McAnany on noise ordinance options, Councilmember Derasary brought up hiring a lobbyist and sustainability concerns, Councilmember Knuteson- Boyd mentioned some of the Council requests were too specific and could hinder the ability of staff to do their jobs, Chief Winder mentioned he did not have buy -in from the Sheriff regarding noise control for All -Terrain Vehicles (ATVs) on city streets, and Councilmember Derasary brought up a joint meeting with San Juan and Grand Counties regarding water supply. New Business: Fiscal Year Budget 2019-20--Discussion City Manager Everitt briefed Council on progress regarding the budget process. Workshop meetings were scheduled for the coming weeks. Page 3 of 4 April 9, 2019 Resiliency Hub Utility Easement —Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve Resolution No. 21- 2019 Approving a Utility Easement and Agreement Between the City Of Moab and the Resiliency Hub. Councilmember Derasary seconded the motion. The motion carried 4-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd and Guzman -Newton voting aye. Walnut Lane Architecture Request for Proposals (RFP)—Discussion City Manager Everitt asked for feedback on the RFP and discussion ensued regarding the zoning of the proposed development area. Rezoning was proposed. Appointment of City Manager Approved Motion and Vote: Councilmember Derasary moved to approve Resolution #24-2o19: Authorizing the Hiring of Joel Linares to the Position of City Manager and Authorizing the Mayor to Execute an Employment Contract. Councilmember Guzman -Newton seconded the motion. Councilmember Jones commented on the paid time off proposal in the contract. The motion carried 4-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd and Guzman - Newton voting aye. Executive Session: Councilmember Derasary moved to enter an Executive Closed Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals. Councilmember Guzman -Newton seconded the motion. The motion carried 4-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd and Guzman -Newton voting aye. Mayor Niehaus convened the Executive Closed Session at 9:25 PM. Councilmember Derasary moved to end the Executive Closed Session. Councilmember Knuteson-Boyd seconded the motion. The motion carried 4-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd and Guzman -Newton voting aye. Mayor Niehaus ended the Executive Session at io:15 PM. Adjournment: Councilmember Derasary moved to adjourn the meeting. Councilmember Guzman -Newton seconded the motion. The motion carried 4-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd and Guzman -Newton voting aye. Mayor Niehaus adjourned the meeting at 10:15 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Page 4 of 4 April 9, 2019 Moab City Council Agenda Item Meeting Date: April 9, 2019 Title: 2019 Community Development Block Grant Application Public Hearing Disposition: N/A Staff Presenter: Chuck Williams, City Engineer Attachment(s): Attachment 1: CDBG Second Public Hearing Script Recommended Motion: N/A Background/Summary: City of Moab will hold a public hearing to discuss the project awarded in the CDBG Small Cities Program for Program Year 2019. Comments will be solicited on the project scope, implementation and its effects on residents. This Project primarily involves construction of an enclosed vertical wheelchair lift for the purpose of providing ADA compliant access to facilities at the Center Street Gym. These facilities include the courts on the upper floor, as well as the two downstairs restrooms, two locker rooms, and offices. Construction of the lift will require removing existing concrete and excavating a pit for lift access to the lower floor, and providing the necessary concrete walls and slab in the new pit. Additional work could include touching up paint where it has been damaged due to the proposed work, modifying existing handrails to close or open pedestrian access routes as needed, and installing trim or other aesthetic treatments to further integrate the new lift into the existing structure. Additionally, project will provide the Center Street Gym and the Moab Arts and Recreation Center with ADA compliant, tactile signage with braille. These signs would be used for wayfinding, and to label restrooms and other permanently designated rooms. Estimated total project cost is $124,000, of which $74,000 is awarded as a grant from CDBG. The remaining $50,000 will be furnished by the City. CDBG Second Public Hearing Script I, Emily Niehaus, Mayor, open the public hearing for the CDBG program. The purpose of this public hearing is to allow all citizens to provide input concerning the project that was awarded under the 2019 Community Development Block Grant Program. The city has amended its capital investment plan and decided to apply for funds on behalf of the ADA Accessibility Improvements to Downtown Recreation Facilities Project. The application was successful in the regional rating and ranking process and the ADA Accessibility Improvements to Downtown Recreation Facilities Project is programmed to receive a $74,000 grant from CDBG. Assistant City Engineer Mark Jolissaint will be project manager. The Project primarily involves construction of an enclosed vertical wheelchair lift for the purpose of providing ADA compliant access to facilities at the Center Street Gym. These facilities include the courts on the upper floor, as well as the two downstairs restrooms, two locker rooms, and offices. Construction of the lift will require removing existing concrete and excavating a pit for lift access to the lower floor, and providing the necessary concrete walls and slab in the new pit. Additional work could include touching up paint where it has been damaged due to the proposed work, modifying existing handrails to close or open pedestrian access routes as needed, and installing trim or other aesthetic treatments to further integrate the new lift into the existing structure. Additionally, project will provide the Center Street Gym and the Moab Arts and Recreation Center with ADA compliant, tactile signage with braille. These signs would be used for wayfinding, and to label restrooms and other permanently designated rooms. Anyone with questions, comments or suggestions during the hearing please identify yourself by name before you speak. The clerk will include your names in the minutes and we would like to specifically respond to your questions and suggestions during the hearing. {PUBLIC COMMENT PERIOD} Copies of the capital investment plan are available if anyone would like a copy. Any further comments? If no further comments, then this public hearing will be closed. Moab City Council Agenda Item Meeting Date: April 23, 2019 Title: Resolution 27-2019 - Moab Parking Management Study. Disposition: Approve, Deny, Modify Staff Presenter: Chuck Williams, City Engineer Attachment(s): - Attachment 1 - Resolution 27-2019 Recommended Motion: I move to approve "Resolution 27-2019 adopting the Moab Parking Management Study." Background/Summary: Much of Moab's economy centers on downtown shops, restaurants, hotels, and other services. The recently completed Moab Downtown Plan addressed parking at a high-level mentioning that "parking was the number one issue the team heard during the community input process" and the plan specifically protected all the on -street parking in the Downtown area. This study was designed to expand upon the Downtown Plan by inventorying parking spaces, then going out to make field observations of which parking spaces are the most occupied, when people were using them, and for how long. This information allows us to answer questions like: does Moab have enough parking? Can it be used more efficiently? The goals of this study were to: • Create a detailed inventory of public (and some private) parking spaces in the study area • Measure, evaluate, and analyze parking utilization of those spaces • Calculate average parking duration for all areas • Calculate expected parking demand and compare it to observed utilization • Recommend parking management strategies to reduce the negative impacts of parking A CITY OF MOAB RESOLUTION NO. 27-2019 A RESOLUTION ADOPTING THE MOAB PARKING MANAGEMENT STUDY The following findings describe the reasons for this resolution and explain its purpose: a. The City is concerned about certain parking issues within the City. b. These concerns include availability of sufficient parking in the Downtown Area, relocation of parking necessitated by the upcoming HWY 191 widening project, safety of all vehicles including bicycles, and addressing the large number of oversized and trailered vehicle parking. c. The City has developed a Moab Parking Management Study to consider these and other parking issues. d. The City Council has reviewed the Draft Moab Parking Management Study dated April, 2019. Therefore, the City of Moab resolves as follows: 1. The Moab Parking Management Study is approved and City staff is to use it as a Guide when addressing parking issues within the City 2. This ordinance shall take effect immediately upon passage. PASSED AND APPROVED by a majority of the City of Moab City Council, This 23rd day of April, 2019. By: Emily S. Niehaus, Mayor Date Attest: By: Sommar Johnson, Recorder Date Moab City Council Agenda Item Meeting Date: April 23, 2019 Title: Ordinance 2019-02: Amending the City of Moab Municipal Code by Adding a New Chapter 17.68 Planned Affordable Development (PAD) Date Submitted: April 18, 2019 Presenters: David Everitt Attachment(s): - Ordinance 2019-02 (Clean) - Ordinance 2019-02 (Legislative) Suggested Motion: I move to adopt Ordinance 2019-02, Amending the City of Moab Municipal Code by Adding a New Chapter 17.68 Planned Affordable Development (PAD). Background/Summary: The latest version of the PAD does not apply to the R-2 zone and contains various changes per the last City Council discussion. CITY OF MOAB ORDINANCE #2019-02 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE BY ADDING A NEW CHAPTER 17.68 PLANNED AFFORDABLE DEVELOPMENT (PAD) The following findings describe the intent and purpose of this ordinance: a. The City has enacted Title 17.00, Zoning, of the Moab Municipal Code, which governs land use and development within the City Limits. b. From time to time the City undertakes to revise its zoning ordinances to improve the quality of land development and align the Code with state law and contemporary planning concepts. c. The City has also adopted a Moderate -Income Housing Plan and is in the process of reviewing barriers to the construction of housing in the community. d. The Council is in support of eliminating barriers to increasing the inventory of workforce housing. e. The City Council adopted the Moab Area Affordable Housing Plan as an addendum to the City of Moab General Plan on January 8, 2017. f. Housing stock in Moab is being consumed by second homes and tourism related lodging. Persons employed in tourism and lodging -related occupations are unable to afford housing given current wage and housing trends. g. Concurrently, the cost of housing has become increasingly unaffordable, with a median home prices of $325,000.00, as compared to annual household median income of $52,000. h. The lack of affordable housing can result in crowding, undesirable living conditions, and a decrease in the quality of life for Moab workers and their families. i. The City has committed to encouraging the development of affordable housing opportunities by creating the Planned Affordable Development (PAD). The City finds that there is a public need to adopt this ordinance because market conditions are not supplying the needed numbers of affordable housing units for Moab residents. The City finds that it must undertake creative mechanisms to encourage the development of affordable housing. k. The approval of PAD housing subject to affordability controls is in the public interest and within the legitimate police powers of the City. Now therefore, the City of Moab enacts the following amendments to the Moab Municipal Code. 1 Chapter 17.68 PLANNED AFFORDABLE DEVELOPMENT Sections: 17.68.010 Purpose 17.68.020 Definitions 17.68.030 Permitted Locations 17.68.040 Allowable Densities 17.68.050 Performance Standards 17.68.060 Application Review Procedures 17.68.070 Submittal Requirements 17.68.080 Subdivision and Site Plan Requirements 17.68.090 Miscellaneous Provisions 17.68.100 Appeal Procedures 17.68.110 Development Improvements Agreement 17.68.120 Affordability Controls 17.68.130 Land Use Restriction Agreement and Covenants 17.68.140 Impact Fees 17.68.150 Enforcement 17.6 8.160 Interpretation 17.68.170 Implementation 17.68.10 Purpose A. The purpose of this Chapter is to allow Planned Affordable Developments (PAD) that provide incentives for the development of affordable housing. To qualify as PAD affordable housing units within a development are subject to deed restrictions that preserve the affordability of the units for a period of not less than fifty (50) years. The affordability controls provided in this Chapter are voluntary, entered into by contract between the City and the applicant in exchange for the zoning concessions authorized herein. B. As applicable to PAD developments, the provisions of this Chapter 17.68 supersede any conflicting or inconsistent provisions which may be found elsewhere in the Moab Municipal Code. 17.68.020 Definitions The following definitions apply to this Chapter: 1. "Adjacent" means a parcel of land that shares a boundary with the parcel of real property included in an application under this Chapter. 2. "Advisory Documents" means planning documents adopted by the City from time to time, including: the Moab General Plan; Storm Water Management Master Plan; Sanitary 2 Sewer Master Plan; Water Storage Distribution Master Plan; Natural Hazards Pre -disaster Master Plan; or similarly adopted planning documents. 3. "Affordable Housing" means housing developed pursuant to this Chapter in which the sales price of the unit, or the rental rate for each unit, does not exceed the sums deemed affordable to individuals and families with annual incomes of one hundred percent (100%) or less of Grand County Area Median Income (AMI), as determined by the U.S. Department of Housing and Urban Development (HUD) and the requirements of this Chapter. Affordable housing is further defined by the following income subcategories: a. "Moderate Income" means household income which is between eighty percent (80%) and one hundred percent (100%) of Grand County Area Median Income as defined by HUD. b. "Low Income" means household income which is between sixty percent (60%) and seventy nine percent (79%) of Grand County Area Median Income. c. "Very Low Income" means household income which is between thirty percent (30%) and fifty nine percent (59%) of Grand County Area Median Income. d. `Extremely Low Income" means household income which is below thirty percent (30%) of the Grand County Area Median Income. 4. "Affordable Housing Unit" means a unit of housing that is affordable to individuals and families with annual incomes of one hundred percent (100%) or less of Area Median Income. 5. "Area Median Income (AMI)" means the published estimate of median income in Grand County that is determined periodically by HUD, as adjusted for household size. 6. "Development" means new construction or remodeling of buildings or real property. 7. "Development Review Team (DRT)" means the committee of City employees including the Planning Director, Public Works Director, Building Official, and such other persons as may be designated by the City from time to time. 8. "Developer" means a person offering affordable housing units developed pursuant to this Chapter for lease or rent to eligible persons. 9. "Development Improvements Agreement (DIA)" means a written agreement between an applicant for a Planned Affordable Development and the City of Moab containing specific requirements to ensure the construction of specified public or private improvements, the phasing of construction, and security to ensure completion of improvements as a condition for Final Plat/Plan approval. 10. "Eligible Person" means those persons authorized to occupy PAD affordable housing units, as further defined in Section 17.68.120, below. 3 11. "Final Approval" means the approval, with or without conditions, given by the City Council, providing the necessary authority for an applicant to: a) in the case of a PAD subdivision, record the Final Plat and convey subdivision lots; or b) in the case of a PAD rental development, proceed with development of rental units. 12. "Final Plat" means a map of a subdivision under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, public/private improvements, and other attributes of a PAD subdivision. 13. "Final Site Plan" means a map of a rental development under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, and other attributes of a PAD rental development. 14. "Finished Floor Area means the total in square feet of all heated interior spaces of a development, inclusive of common areas, stairways, elevators, and service areas. 15. "Habitable Room" means a heated room in a dwelling that is intended for human occupation. Habitable rooms do not include bathrooms, closets, storage rooms, utility spaces, or the like. 16. "Household" means a person living alone, or two or more persons, whether related by blood or marriage or not, who reside together in a single dwelling unit. 17. "HUD" means the United States Department of Housing and Urban Development. 18. "Land Use Restriction Agreement (LURA)" means a contract between the City of Moab and an affordable housing Owner or Subdivider which is recorded as an encumbrance upon the real property to be developed, and which provides for continued enforcement of the affordability provisions of this Chapter for a duration of not less than (50) years. A LURA shall run with the land and be binding upon the parties and their successors in title, as provided by its terms. 19. "Lot" means a tract of land defined in an approved plat which is developed for housing and which may be conveyed to a buyer by deed. 20. "Market Rate" means a housing unit offered for sale or lease that is not subject to the affordability controls of this Chapter. 21. "Monitoring Agency" means the City of Moab, or its designee, charged with monitoring and/or enforcement of the affordability provisions which accompany any affordable housing developed pursuant to this Chapter, including any LURA provisions. 4 22. "Original Purchase Price" means the actual sales price for affordable housing units developed under this Chapter calculated as follows: principal, interest, taxes, and insurance (PITI) on the unit shall not exceed thirty percent (30%) of the Grand County AMI for a household of four (4) divided by twelve (12) months. Assumptions used to calculate the OPP shall be i) a five (5) percent down payment; ii) a thirty (30) year mortgage term; and iii) a mortgage rate equal to the prevailing First Home rate, or its equivalent, of the Utah Housing Corporation (or similar agency). 23. "Overnight Accommodation" means short term rentals for a period of less than thirty (30) days. 24. "Public Dedication" means streets, sidewalks, parks, open space, trails, or other areas of land or improvements to be dedicated to public use under this Chapter. 25. "Preliminary Plan" means a map of a rental development proposed under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD rental development. The Preliminary Plan shall include such other submittals as to planned improvements as are required by this Chapter. 26. "Preliminary Plat" means a map of a subdivision development proposed under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD subdivision. The Preliminary Plat shall include such other submittals as to planned improvements as are required by this Chapter. 27. "Preliminary Approval" means an approval, with or without conditions, given by the land use authority that provides the necessary authority for an applicant to proceed with the preparation of the Final Plat or the Final Plan. 28. "Project Area means a defined tract of land, including all subsequent development phases, that is proposed for a PAD development application, together with any lands planned for commercial development which are subject to Chapter 17.69. 29. "Setback" means the minimum distance from a specified boundary that a structure or other feature must be located. 30. "Subdivider" means any person creating a subdivision pursuant to this Chapter and offering affordable housing units or lots for sale to eligible persons. 31. "Subdivision" means a described tract of land that has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, that describes two or more lots which may be conveyed to buyers, and that accurately depicts streets, 5 alleys, easements, blocks, lots, survey monuments, and other attributes of a proposed PAD subdivision development. 32. "Site Plan" means a described tract of land proposed for rental development under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD rental development. 33. "Unit" means a residential dwelling containing, at minimum, a permanently installed kitchen (including, a sink, stove, refrigerator, counters, and cabinets) , bathroom (sink, toilet, and a shower or bathtub), bedroom (or sleeping area), living room (or area), parking, and storage space. All habitable rooms shall be separate from the bathroom(s). A residential unit may contain more than one bedroom, depending upon the needs of the development and the housing market. Each housing unit shall have non-exclusive access to common elements within the particular development. 17.68.030 Permitted Locations and Housing Types A. Subject to the provisions of this Chapter, Planned Affordable Developments shall be allowed in the following zoning districts: 1. Residential Zones: R-3, R-4, MH/RV-1 zones; 2. Commercial Zones: C-1, C-2, C-4, and C-5 zones. Housing types for PAD developments shall conform to the types permitted in the underlying zoning district. 17.68.040 Minimum Project Area; Subdivision Lot Sizes A. Provided that all requirement of this Chapter can be met, there is no minimum project area required for a PAD development. B. Provided that all requirements of this Chapter can be met, there is no minimum lot size for lots within a PAD subdivision. 17.68.050 Performance Standards A. Affordability Concept. Applications are encouraged to include a mix of one bedroom (or studio), two bedroom, or three bedroom units. The application shall demonstrate that the units for sale or rent qualify as affordable housing, as defined by this Chapter. Units 6 developed under this Chapter (including affordable and market rate units) shall not be used or offered as overnight accommodations. Where an application includes phased development, affordable units shall be constructed as part of each phase with not less than the minimum required ratio in each phase. PAD developments shall meet the following requirements as to types of affordable units within each application: Market Rate: 30%; Moderate Income/Low: 50%; Very Low/Extremely Low: 20%. For PAD Developments containing up to five (5) units the City Council may approve an alternative mix of units, but in no case shall the number of market rate units exceed one (1). B. Minimum Unit Sizes. All housing units developed under this Chapter shall contain, at minimum: a permanent kitchen (including, at minimum, a sink, stove, refrigerator, counters and cabinets) ; bathroom, including a sink, toilet, shower (or bathtub); bedroom (or sleeping area); living area; parking; and storage space. Housing units may contain multiple bedrooms or other functional spaces as needed. Minimum unit size, assuming a studio apartment, shall be not less than four hundred seventy-five (475) square feet. All housing units, and rooms within those units, shall comply with applicable building code minimum requirements, including the International Residential Code, as adopted by the State of Utah. C. Height of structures. The maximum building height of all buildings in a PAD development shall be as follows: R-3 and R-4: 30 feet; C-1, C-2, C-4, and C-5: 40 feet. D. Setbacks; Adjacent Solar Access. Except as necessary to preserve solar access, as set forth in subsection 1, below, the front, back, and side setbacks of a PAD development relative to other properties shall be provided by the underlying zoning district. PAD developments may be required to provide additional setbacks where necessary to provide adequate solar access to adjacent properties located immediately to the north of the project boundary. E. Open space/Common Facilities. PAD rental developments shall include open space for residents consistent with the size and scope of the project area. Open space, such as landscaping, recreation areas, entryways, commons spaces, bicycle racks, and setback areas shall comprise not less than five percent (5%) of the project area. Required parking spaces, stairways, elevators, and hallways shall not be calculated as open space. PAD subdivisions are not subject to the five percent requirement of this Subsection (E). F. Stormwater. Projects shall include engineered plans for the detention and conveyance of reasonably anticipated storm -water attributable to the project. Storm -water conveyances shall not connect to sanitary sewers. G. Sidewalks/trails PAD developments shall incorporate elements to facilitate pedestrian and bicycle access. Sidewalks are required along at least one side of all public street frontages. Trails may be required to connect to existing or planned trail systems or public streets. 7 H. Parking. Vehicle parking shall be provided for all PAD developments at a rate of not less than one (1) off-street space per bedroom per unit. Wherever possible, parking areas shall be located within the perimeter of the building envelope. Hard-scape semi -permeable materials may be used for parking spaces I. Lighting. Adequate lighting must be provided for public spaces and common areas. Light fixtures shall consist of a full cutoff, fully shielded, downward directed fixtures. Wall mounted flood lights that direct outward toward other properties and roadways are prohibited. J. Manufactured housing. All manufactured housing to be utilized in developments under this Chapter shall comply with all other provisions of the building code. K. Culinary Water/Wastewater. All dwellings shall be served by municipal culinary water and wastewater service. Fire flows shall be provided and hydrants installed in conformity with building codes and fire department requirements. L. Streets. Developments shall provide adequate public street access to each dwelling. All streets within an application shall be hard surfaced or paved and constructed in conformity with City design specifications, as determined by Staff. Streets shall include concrete curb, gutter, and sidewalk, and be configured to allow adequate vehicle and emergency access. Streets shall be designed to promote efficient circulation and connectivity to other parcels and the remainder of the City street system. Street signage must be installed consistent with staff requirements. M. Utilities. Applications must include a utility plan showing feasibility and placement of electrical, telephone, cable, and interne services. N. Site Specific Elements or Standards. Depending on the scope of the project area, the City may require that site -specific design elements or standards be incorporated into an application as needed to address public safety, recreation, construction requirements, access, connectivity, or future phases of development. O. Storage. Each dwelling unit shall be provided with a separate, covered lockable storage space which is at a minimum large enough to store as many adult bicycles as there are bedrooms in the unit. P. Advisory Document Consistency. All applications shall demonstrate substantial consistency with Advisory Documents. The land use authority may deviate from Advisory Documents on a case by case basis upon a showing of good cause. Q. Lot Sales with Finished Dwellings. PAD subdivisions shall include the sale of an affordable housing unit together with the sale of a lot, unless exempted by the terms of a development agreement. 17.68.060 Application Review Procedures 8 A. General Procedures PAD applicants shall comply with the following review procedures. 1. Pre -application Meeting. A pre -application conference shall be held with planning staff to discuss the proposed development concept, likely development issues, and the requirements of this Chapter. 2. Application Submittal/Completeness Review. Upon submittal of an application and payment of the required fees, City Staff will review the application to determine if it includes, in form adequate for substantive review, all of the submittal materials required by this Chapter. If an application is found to be deficient, City Staff will notify the applicant of the deficiency in writing. 3. Staff Review. In every case the application will be reviewed by the DRT and review agencies. The DRT may require that the applicant correct errors or incorporate design changes consistent with applicable codes, design standards, and/or review criteria. Where an application is substantially incomplete or grossly deficient, the staff may notify the applicant in writing that the application will not be subject to further review until such time as the enumerated defects are cured. 4. Planning Commission Review. Preliminary Plat or Preliminary Site Plans that have completed Staff review will be forwarded to the Planning Commission with a Staff recommendation. The Planning Commission shall hold a public hearing to review the application and receive public comment, and it may: a) approve the application; b) deny the application; c) approve the application subject to conditions; or d) table the application pending receipt of additional information. a. At preliminary plat/plan review the applicant shall demonstrate that the plat or plan meets all submittal and performance criteria. Final construction drawings are not required, but all submittals must demonstrate the feasibility of the final design and conformity with this Chapter, applicable codes, and design standards. 5. Final Plat/Final Site Plan Review Procedures. When an applicant is ready to request Final Site Plan or Final Plat approval a Final Plat or Site Plan shall be submitted for review by Staff Staff will review the design documents for completeness and verify that they incorporate changes or conditions required at the preliminary approval stage. Additionally, all related documents and agreements, including a Subdivision Improvements and Phasing Agreement, Land Use Restriction Agreement, and Covenants, Conditions & Restrictions (if applicable), and final construction drawings shall be reviewed and in final form prior to submittal to the City Council for final approval. a. Final approval shall be in the form of an ordinance adopted by the City Council incorporating all the design drawings, the Final Plat or Final Plan, the conditions, and all development agreements comprising the PAD. Final approval is a legislative decision of the City and constitutes a site -specific development plan for all lands included in the project area. 9 17.68.070 Submittal Requirements A. A PAD application must be submitted to the Planning Department on the approved application form, together with the required review fee. The application must be signed by the record property owner or, if the applicant is not the owner, the applicant must deliver proof of approval signed by the owner. Components of the application submittal may contain multiple plan sets or reports, provided, that they are clear, legible, and successfully demonstrate the purposes required under this Chapter. Unless waived by the Planning Director, the application must include four copies and electronic PDF copies of all design drawings and submittals. B. PAD applications shall conform to the submittal requirements of Chapter 17.67, Site Plan Review, except that site plan submittal requirements are waived for development of the following: iii) development of up to six (6) dwelling units. Developments subject to this subsection (B) shall submit all required building permit submittals with the application, and City staff may require supplementation of submittals to assure compliance with this Chapter. Subdivision Developments subject to this subsection (B) shall also submit a proposed Final Plat for review and approval. C. Additional Submittals --Waiver of Certain Submittals. The Planning Director has discretion to require other submittals where appropriate for the review of a particular application. Alternatively, the Planning Director has discretion to waive or modify any requirement for a particular submittal if it is determined that the document or report is not necessary, or if an alternate submittal is justified for the review of a particular application. Any waiver shall be in writing labeled as a submittal waiver, shall identify the project by name and application number, and shall be signed and dated by the Planning Director. D. Conformity with Submittal Standards. All submittals must conform to the land use submittal standards adopted by the City. Submittals which do not clearly or accurately depict elements required for review of the project may be rejected, or staff may require revisions during the review process. E. Affordable Housing Development Plan. The Affordable Housing Development Plan shall contain, at a minimum, the following information: 1. A general description of the development, including whether the development will contain units for rent or sale; 2. The total number of market -rate units and affordable housing units (with descriptions of the income subcategories) and a depiction of where those units will be situated on the plat/plan; 3. The square footage of each market -rate unit and of each affordable unit measured from the interior walls of the unit; 10 4. The estimated sale price or monthly rent for each market -rate unit or lot and each affordable housing unit; 5. If construction of dwelling units is to be phased, a phasing plan stating the number of market -rate and affordable housing units in each phase; and 6. Statistical information as to the project area, developed area square footage, open space area, area and number of parking spaces, and the like shall be included. 7. Affordability calculations and assumptions demonstrating that the housing will be affordable under current economic conditions. F. Departmental Standards. All developments pursuant to this Chapter shall comply with departmental standards published by the City. 17.68.080 Miscellaneous Provisions A. Variances --Exceptional Conditions. In cases where unusual topographic or other exceptional conditions would pose a hardship on the applicant, variances from the strict requirements of this Chapter may be made by the Appeal Authority prior to Final Plat/Plan review. Staff shall provide a recommendation with respect to the proposed variance. The Appeal Authority may grant a variance, provided that it will not result in substantial detriment to the public good and will not substantially impair the intent and purpose of this Chapter. B. Accessory Dwelling Units Prohibited. Accessory dwelling units, as defined in the Moab Municipal Code, are not permitted within a PAD development. C. Vacating or Changing a Subdivision Plat. Any proposed vacation, alteration, change, or amendment to an approved PAD plat must comply with the applicable provisions of Utah law. D. Decision Matrix. Decisions under this Chapter shall be made by the following: Application/Action Advisory Body Land Use Authority Appeal Body Required Public Hearing Prelim. Plat/ Prelim. Site Plan City Staff Planning Commission AA* Yes, (PC) Final Plat/Site Plan City Staff City Council District Court No Amend Plat City Staff City Council District Court Yes, PC & CC Modify Lot Lines City Staff City Council District Court No *AA means the Appeal Authority, as specified in MMC 17.72.120 E. Proof of Wastewater or Water Availability for Non -City Authorities. Where the City is not able to provide culinary water or wastewater service to a proposed development, the 11 applicant will be required to provide a current letter from the water or sewer service provider demonstrating that water and sewer service is available to the subject site. 17.68.100 Appeal Procedures A. Any person adversely affected by a preliminary land use decision, including a decision by the Planning Commission approving or denying a preliminary Plat or Plan, may appeal that decision to the Appeal Authority, and the appeal shall be governed by the procedures in MMC § 17.72.120 through 170. B. Any person adversely affected by a final land use decision of the City Council under this Chapter may appeal that decision by filing an action in the District Court for Grand County, Utah. C. Exhaustion of all administrative remedies shall be required prior to any applicant seeking judicial review of any final decision pursuant to this Chapter. Failure to exhaust administrative remedies shall result in the action or suit being dismissed. D. A judicial action seeking review or appeal of a final decision or action under this Chapter must be filed no later than thirty (30) calendar days from the date of the decision or order that is the subject of the appeal. E. Upon the commencement of a judicial appeal challenging any decision under this Chapter, the City shall promptly transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. F. There shall be no judicial review of legal claims or points of error which are not first presented for review or decision to the land use authority. G. In any review pursuant to this Chapter (whether administrative or judicial), the reviewing body shall presume the decision made under this Chapter is valid. A final decision of the City Council shall be affirmed if it is found to be within the scope of legislative discretion. H. Disputes concerning or arising from administration of this Chapter after final land use approval, including but not limited to enforcement of the Land Use Restriction Agreement, affordability controls of this Chapter, or the like, shall be heard by the District Court, Grand County, Utah. 17.68.110 Development Improvements Agreement A. The Development Improvements Agreement (DIA) shall be approved by the City Council at the time of approval of the Final Plat or Final Site Plan. A DIA between the City and the applicant is required to specify the overall development plan in writing and is a condition precedent to the commencement of construction. The DIA shall set forth the commitments and obligations of the City of Moab and the applicant, including, as necessary, a financial assurance for required public improvements, the applicant's phasing plan, and other details 12 particular to the development. The DIA shall be subject to review and approval by the City Council and must be consistent with all prior approval conditions applicable to the approved plan. B. The DIA may require that an applicant provide a performance bond, letter of credit, or other financial assurance to secure completion of required improvements, and/or as a condition for Final Plat or Final Site Plan approval. The financial assurance shall be provided in an amount equal to one hundred fifty percent (150%) of the estimated cost of all required public improvements, including: landscaping; road improvements; pedestrian ways, trails, sidewalks, curbs, and gutters; street lighting and signage; culinary water lines and fire hydrants; wastewater lines and wastewater disposal facilities; and storm -water improvements. City staff shall verify the correct amount of the financial assurance based upon review of the cost of the required improvements. Not more than ten percent (10%) of the financial assurance may be held to secure any warranty claims, as provided in the DIA. C. With respect to a PAD subdivision, no final plat for the subdivision, or any phase thereof, and no building permit for construction upon any lot within the subdivision shall be executed by the City until such time as either: 1) all public improvements are completed in accordance with the DIA and accepted by the City; or 2) a financial assurance as required by this Chapter is provided to the City. A Subdivider shall not convey or attempt to convey any lot prior to the recording of the final plat, and any purported conveyance in violation of this subsection shall be void. D. With respect to a PAD rental development, no final site plan for the development, or any phase thereof, and no building permit for construction of housing units within the development, shall be executed by the City until such time as either: 1) all public improvements are completed in accordance with the DIA; or 2) a financial assurance as required by this Chapter is provided to the City. A Developer shall not convey or attempt to enter into any lease prior to the execution of the final site plan, and any purported lease or rental contract entered into in violation of this subsection shall be void. E. All public improvements shall be warranted against defects in materials and workmanship for a period of not less than one (1) year from the date of acceptance by the City. Upon expiration of any warranty period the financial assurance provided by this Section shall be released. 17.68.120Affordability Controls A. Eligibility- General Policy. All affordable housing developed pursuant to this Chapter, including rental units and units (or lots) for sale, shall be leased or sold to persons who meet the eligibility requirements of this Chapter. The Owner or Subdivider shall at all times assure that affordable housing units are transferred to Eligible Persons, and it shall provide proof of its compliance with all eligibility and affordability controls to the City or its designated Monitoring Agency annually and/or upon written request. The City may require advance approval of eligibility. Prospective tenants or purchasers of affordable housing shall provide verification of their eligibility to either the Developer or Subdivider at the time they apply for housing subject to this Chapter. 13 B. To occupy affordable housing under this Chapter the persons must be Eligible Persons, as defined by the following criteria: 1. The persons comprising the household must have a combined household income that does not exceed one hundred percent (100%) of the Grand County, Utah, Area Median Income (AMI), as published by HUD from time to time. 2. At least one person in the household must be either: i) employed full time in Grand County; ii) disabled; or iii) a retired person over sixty years of age who was a full- time employee of an entity located within Grand County for at least five (5) continuous years immediately preceding his or her retirement. 3. All persons occupying PAD affordable housing units must utilize the housing as their sole place of residence. Leasing of sales units, subleasing or assignment of rental agreements, or overnight lodging uses, shall not be permitted in PAD developments. C. Rent Calculation. The Developer offering affordable housing units for lease shall set the monthly rental rate at an amount (assuming a three -bedroom unit) that does not exceed thirty percent (30%) of the area median income (AMI) for a Grand County household of four (4) persons, as adjusted from time to time, divided by twelve (12) months ((the Allowed Rental Rate). The Allowed Rental Rate calculation shall assume a reasonable allowance for annual utility costs that may be incurred by the tenant. The Allowed Rental Rate shall be adjusted downward proportionately for units offered to Very Low Income or Low Income households. Units with greater than or less than (3) bedrooms shall be rented at a rate which is adjusted proportionately. As an illustration, the Allowed Rental Rate per month for an affordable unit based on a hypothetical Grand County AMI of $55,000 would be as follows: 3 bedroom: AMI $55,000-$1,200 (annual utility allowance) x 30% ± 12 = $1,345.00 per month; 2 bedroom = $896.66; 1 bedroom = $448.33. 1. Inflation adjustments in the Allowed Rental Rate shall be made annually, as of January of each calendar year, and shall be based upon the year to year increase in the Consumer Price Index (CPI-U), West Region, as published by the United States Department of Labor, Bureau of Labor Statistics. The City or the Monitoring Agency will publish the inflation adjustment and provide same to Developers for purposes of calculating Allowed Rental Rate increases. 2. Nothing in this Chapter shall preclude a Developer from entering into a fixed rental rate lease with a tenant who is otherwise compliant with this Chapter at the time of execution. D. Sales Eligibility, Additional Requirements. In addition to the general qualifications set forth in Subsection B, above, persons who purchase affordable housing units pursuant to this Chapter shall comply with the following criteria at the time of purchase: total household net assets (asset value after deduction of the value of any liens -such as a car loan) shall not 14 exceed forty percent (40%) of the Original Purchase Price (OPP) or the subsequent sales price of the housing unit. E. Sales Price Calculation; Subsequent Sales. The OPP for affordable housing units developed pursuant to this Chapter shall be calculated as follows: principal, interest, taxes, and insurance (PITI) on the unit shall not exceed thirty percent (30%) of the Grand County AMI for a household of four divided by twelve (12) months. Assumptions used to calculate the OPP shall be: i) a five percent (5%) down payment; ii) a 30-year mortgage term; and a mortgage rate equal to the prevailing First Home rate, or its equivalent, of the Utah Housing Corporation (or equivalent). The City will determine OPP at the time of land use approval in a manner that reflects proportionate changes in OPP based on housing unit size. F. Maximum Appreciation. To assure continued affordability, each affordable housing unit developed under this Chapter shall be subject to a deed restriction, in a form approved by the City, which caps appreciation which may be earned upon subsequent sale of the unit. The Maximum Resale Price (MRP) shall be the OPP plus the following: 1. An increase in price of no more than three percent (3%) per year from the date of purchase to the date of sale, prorated for each month less than a calendar year; and 2. The actual cost of any capital improvements to the unit, including by way of example: i) the addition of finished living space; ii) remodeling of a kitchen or bath; iii) replacement of major components such as heating systems, cooling systems, windows, roofing, siding or the like; provided that the improvements have been permitted and inspected by the City Building Official. The property owner is responsible for documenting the value of all such improvements at the time of permitting. In no event shall capital improvements exceed five percent (5%) of the MRP. 17.68.130 Land Use Restriction Agreement and Covenants A. At the time of final approval of every PAD, the City and the Developer/Subdivider shall execute and record in the land records a Land Use Restriction Agreement (LURA) implementing and providing for enforcement of the affordability controls specified in this Chapter. The LURA shall be a deed restriction running with the land, and binding upon the original grantor, and all successors and assigns in title. The LURA shall provide, at a minimum, the following: 1. The affordable housing units shall be leased or sold to, and occupied by, eligible persons; 2. The affordable housing units shall be leased at rent levels affordable to eligible persons for a period of not less than fifty (50) years from the date of the initial certificate of occupancy; 3. The affordable housing units shall be sold at sales prices affordable to eligible persons for a period of not less than fifty (50) years from the date of the initial certificate of occupancy; 15 4. Subleasing of PAD rental units, leasing of PAD sales units, or the offering or use of PAD units as overnight accommodations is prohibited, except to Eligible Persons as verified by the City; 5. The number of affordable units shall not be reduced and shall remain at the originally approved affordability level for a period of not less than fifty (50) years; and 6. Provisions for enforcement and monitoring of the Affordability Controls, including (as applicable) specific performance, damages, and an award of attorney fees and costs in the event of a violation. B. Maintenance. For PAD rental developments the LURA shall contain provisions providing that the owner shall maintain all units in a safe, sanitary, and functional condition in accordance with the provisions of the International Property Maintenance Code, as adopted by the City, or its equivalent. C. Recording Deed Restrictions. The LURA shall be recorded in the land records prior to the recording of the Final Plat for a PAD subdivision or prior to the execution of a Final Site Plan for a PAD rental development. D. Monitoring. The Developer shall manage and operate all affordable units and shall submit an annual report to the City of Moab, or its Monitoring Agency, identifying which units are affordable units in a Planned Affordable Development, the monthly rent for each unit, vacancy information for each year for the prior year, monthly income for tenants of each affordable units, and other information as required by the LURA. The annual report shall contain information sufficient to determine whether tenants are eligible for affordable housing as provided by this Chapter. 1. A Subdivider marketing affordable units for sale shall submit an annual report to the City identifying all affordable units sold in the last calendar year, the Original Purchase Price for each unit, and information sufficient to verify purchaser eligibility, as required by the LURA. The annual report shall contain information sufficient to determine whether home purchasers are eligible for affordable housing as provided by this Chapter. 2. The City or its Monitoring Agency shall be authorized to audit and review all Developer and Subdivider records pertaining to housing developed under this Chapter to verify compliance with this Chapter and all Affordability Controls. E. Extension of the LURA. The duration of the LURA may be extended for additional successive ten (10) year terms if the City Council certifies in writing at or before the expiration that there is a continuing need for affordable housing, and that it is reasonable that the affordability controls continue. In that case the the City may execute any necessary documents to give effect to this provision. F. Covenants. Covenants, conditions, and restrictions (CCRs) for a PAD subdivision shall be reviewed and subject to approval by the City contemporaneous with final plat approval. The 16 CCRs shall provide mechanisms for enforcement of community rules, collection of assessments (if applicable), and maintenance of common areas. 17.68.140 Impact Fees In conjunction with final approval of any PAD development the City Council may waive all or a part of the impact fees otherwise be payable for the development. Any waiver shall be vested in the discretion of the City Council, based on the merits of the application in attaining the affordability goals of this Chapter. 17.68.150 Enforcement A. A Developer, Subdivider, or successor in title who fails to comply with the Development, Improvements Agreement, the LURA, or any other agreements, development approvals, or provisions of this Chapter shall be issued a notice of violation and informed of the default under the applicable agreement. Each such person shall be given a reasonable period of time, not to exceed thirty (30) days, in which to cure any default or breach under the applicable agreement. B. Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: i) proceeding against the financial assurance; ii). withholding building permits, certificates of occupancy, or certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations or breach of the agreement; iv) recording an affidavit of a lapse of plat/plan, in whole or in part; v) commencing an action for damages —including, but not limited to, damages for costs incurred in completing, repairing, or replacing required improvements or abating any violations; and/or vi) any other remedies available at law or equity, including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. In any action for injunctive relief the City need only prove a default or violation under this Chapter, and such relief shall be granted without the necessity of bond. C. The recording of an affidavit of lapse of plat/plan by the City shall result in the lapse of all prior land use approvals and the voiding of the subdivision of lots or the site plan within the real property specified in the affidavit. D. With respect to any default under the LURA or any other affordability controls of this Chapter, in addition to the remedies specified above, the City may obtain restitution or disgorgement of any proceeds realized by a Subdivider, Developer, or any successor in title from any leasing, sale, or other disposition of affordable housing units in violation of the affordability controls of this Chapter. In the alternative, the City may levy liquidated damages in the amount of five thousand dollars ($5,000.00) per violation. E. In any enforcement proceedings under this section the City shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other relief provided. 17.68.160 Interpretation 17 This Chapter shall be interpreted and construed in manner that conforms to applicable law. If any provision shall be found to be unlawful or otherwise unenforceable, it shall be stricken or reformed in a manner that conforms with applicable law, without invalidating the entire ordinance. 17.68.170 Implementation City staff may develop and implement program rules consistent with this Chapter. **** This ordinance shall take effect immediately upon passage. Passed and adopted by action of the City Council this day of , 2019. By: Mayor Emily S. Niehaus Attest: By: Sommar Johnson, Recorder Date 18 1 CITY OF MOAB ORDINANCE #20,� 8-192019- AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE BY ADDING A NEW CHAPTER 17.68 PLANNED AFFORDABLE DEVELOPMENT (PAD) The following findings describe the intent and purpose of this ordinance: a. The City has enacted Title 17.00, Zoning, of the Moab Municipal Code, which governs land use and development within the City Limits. b. From time to time the City undertakes to revise its zoning ordinances to improve the quality of land development and align the Code with state law and contemporary planning concepts. c. The City has also adopted a Moderate Income Housing Plan and is in the process of reviewing barriers to the construction of housing in the community. d. The Council is in support of eliminating barriers to increasing the inventory of workforce housing. e. The City Council adopted the Moab Area Affordable Housing Plan as an addendum to the City of Moab General Plan on January 8, 2017. f. Housing stock in Moab is being consumed by lsecond homes0]I[2] and tourism related lodging. Persons employed in tourism and lodging -related occupations are unable to afford housing given current wage and housing trends. g. Concurrently, the cost of housing has become increasingly unaffordable, with a median home prices of $325,000.00, as compared to annual household median income oil $52,000.[3] [4] h. The lack of affordable housing can result in crowding, undesirable living conditions, and a decrease in the quality of life for Moab workers and their families. i. The City has committed to encouraging the development of affordable housing opportunities by creating the Planned Affordable Development (PAD). The City finds that there is a public need to adopt this °ordinance because market conditions are not supplying the needed numbers of affordable housing units for Moab residents. The City finds that it must undertake creative mechanisms to encourage the development of affordable housing. tt2018 19 so additional housing options may be provided through greater flexibility in residential development. k. The approval of PAD housing subject to affordability controls is in the public interest and within the legitimate police powers of the City. 1 Now therefore, the City of Moab enacts the following amendments to the Moab Municipal Code. Chapter 17.68 PLANNED AFFORDABLE DEVELOPMENT Sections: 17.68.010 Purpose 17.68.020 Definitions 17.68.030 Permitted Locations 17.68.040 Allowable Densities 17.68.050 Performance Standards 17.68.060 Application Review Procedures 17.68.070 Submittal Requirements 17.68.080 Subdivision and Site Plan Requirements 17.68.090 Miscellaneous Provisions 17.68.100 Appeal Procedures 17.68.110 Development Improvements Agreement 17.68.120 Affordability Controls 17.68.130 Land Use Restriction Agreement and Covenants 17.68.140 Impact Fees 17.68.150 Enforcement 17.68.160 Interpretation 17.68.170 Implementation 17.68.10 Purpose A. The purpose of this Chapter is to allow Planned Affordable Developments (PAD) that provide incentives for the development of affordable housing. To qualify as PAD affordable housing units within a development are subject to deed restrictions that preserve the affordability of the units for a period of not less than fifty (50) years. The affordability controls provided in this Chapter are voluntary, entered into by contract between the City and the applicant in exchange for the zoning concessions authorized herein. B. As applicable to PAD developments, the provisions of this Chapter supersede any conflicting or inconsistent provisions which may be found elsewhere in the Moab Municipal Code. 17.68.020 Definitions The following definitions apply Loin this Chapter1[5]: 1. "Adjacent" means a parcel of land that shares a boundary with the parcel of real property included in an application under this Chapter. 2 2. "Advisory Documents" means planning documents adopted by the City from time to time, including: the Moab General Plan; Storm Water Management Master Plan; Sanitary Sewer Master Plan; Water Storage Distribution Master Plan; Natural Hazards Pre -disaster Master Plan; or similarly adopted planning documents. 3. 1"Affordable Housing" means housing developed pursuant to this Chapter in which the sales price of the unit, or the rental rate for each unit, does not exceed the sums deemed affordable to individuals and families with annual incomes of one hundred percent (100%) or less of Grand County Area Median Income (AMI), as determined by the U.S. Department of Housing and Urban Development (HUD) and the requirements of this Chapter. Affordable housing is further defined by the following income subcategories:W[7] a. "Moderate Income" means household income which is between eighty percent (80%) and one hundred percent (100%) of Grand County Area Median Income as defined by HUD. b. "Low Income" means household income which is between sixty percent (60%) and seventy nine percent (79%) of Grand County Area Median Income. c. "Very Low Income" means household income which is between thirty percent (30%) and fifty nine percent (59%) of Grand County Area Median Income. d. "Extremely Low Income" means household income which is below thirty percent (30%) of the Grand County Area Median Income. 4. "Affordable Housing Unit" means a unit of housing that is affordable to individuals and families with annual incomes of one hundred percent (100%) or less of Area Median Income. 5. "Area Median Income (AMI)" means the published estimate of median income in Grand County that is determined periodically by HUD, as adjusted for household size. 6. "Construction Requirement" means the requirement that new commercial uses construct a specified number of affordable housing units pursuant to the formula specified by Section 17.69.050. 7. "Dedication Requirement" means the conveyance of real property for affordable housing purposes as provided by Section 17.69.060. 8. "Development" means new construction or remodeling of buildings or real property. 9. "Development Review Team (DRT)" means the committee of City employees including the Planning Director, Public Works Director, Building Official, and such other persons as may be designated by the City from time to time. 3 10. "Developer" means a person offering affordable housing units developed pursuant to this Chapter for Ilease [8][9]I[10]or rent to eligible persons. 11. "Development Improvements Agreement (DIA)" means a written agreement between an applicant for a Planned Affordable Development and the City of Moab containing specific requirements to ensure the construction of specified public or private improvements, the phasing of construction, and security to ensure completion of improvements as a condition for Final Plat/Plan approval. 12. "Eligible Persons" means those persons authorized to occupy PAD affordable housing units, as further defined in Section 17.68.120, below. Section 17.69.040. 13. "Final Approval" means the approval, with or without conditions, given by the City Council, providing the necessary authority for an applicant to: a) in the case of a PAD subdivision, record the Final Plat and convey subdivision lots; or b) in the case of a PAD rental development, proceed with development of rental units. 14. "Final Plat" means a map of a subdivision under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, public/private improvements, and other attributes of a PAD subdivision. 15. "Final Site Plan" means a map of a rental development under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, and other attributes of a PAD rental development. 16. "Finished Floor Area" means the total in square feet of all heated interior spaces of a commercial development, inclusive of common areas, stairways, elevators, and service areas. 17. "Habitable Room" means a heated room in a dwelling that is intended for human occupation. Habitable rooms do not include bathrooms, closets, storage rooms, utility spaces, or the like. 18. "Household" means a person living alone, or two or more persons, whether related by blood or marriage or not, who reside together in a single dwelling unit. 19. "HUD" means the United States Department of Housing and Urban Development. 4 20.1"Land Use Restriction Agreement (LURA)" means a contract between the City of Moab and an affordable housing Developer or Subdivider which is recorded as an encumbrance upon the real property to be developed, and which provides for continued enforcement of the affordability provisions of this Chapter for a duration of not less than (50) years. A LURA shall run with the land and be binding upon the parties and their successors in title, as provided by its terms.0.1] 21. "Lot" means a tract of land defined in an approved plat which is developed for housing and which may be conveyed to a buyer by deed. 22. "Market Rate" means a housing unit offered for sale or lease which is not subject to the affordability controls of this Chapter. 23. "Monitoring Agency" means the City of Moab, or its designee, charged with monitoring and/or enforcement of the affordability provisions which accompany any affordable housing developed pursuant to this Chapter, including any LURA provisions. 24. "Original Purchase Price" means the actual sales price for affordable housing units developed under this Chapter calculated as follows: principal, interest, taxes, and insurance (PITI) on the unit shall not exceed thirty percent (30%) of the Grand County AMI for a household of four (4) divided by twelve (12) months. Assumptions used to calculate the OPP shall be i) a five (5) percent down payment; ii) a thirty (30) year mortgage term; and iii) a mortgage rate equal to the prevailing First Home rate, or its equivalent, of the Utah Housing Corporation (or similar agency). 25. "Overnight Accommodations" means short term rentals for a period of less than thirty (30) days. ,ided t^ ,sit tour;stssimilar who d^rot have a long term residence in Moab or Grand County. [12]I[13]I[14] 26. "Public Dedication" means streets, sidewalks, parks, open space, trails, or other areas of land or improvements to be dedicated to public use under this Chapter. 27. "Preliminary Plan" means a map of a rental development proposed under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD rental development. The Preliminary Plan shall include such other submittals as to planned improvements as are required by this Chapter. 28. "Preliminary Plat" means a map of a subdivision development proposed under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD subdivision. The Preliminary Plat shall include such other submittals as to planned improvements as are required by this Chapter. 5 29. "Preliminary Approval" means an approval, with or without conditions, given by the land use authority that provides the necessary authority for an applicant to proceed with the preparation of the Final Plat or the Final Plan. 30. "Project Area" means a defined tract of land, including all subsequent development phases, that is proposed for a PAD development application, together with any lands planned for commercial development which are subject to Chapter 17.69. 31. "Setback" means the minimum distance from a specified boundary that a structure or other feature must be located. 32. "Subdivider" means any person creating a subdivision pursuant to this Chapter and offering affordable housing units or lots for sale to eligible persons. 33. "Subdivision" means a described tract of land that has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, that describes two or more lots which may be conveyed to buyers, and that accurately depicts streets, alleys, easements, blocks, lots, survey monuments, and other attributes of a proposed PAD subdivision development. 34. "Site Plan" means a described tract of land proposed for rental development under this Chapter which has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD rental development. 35. "Unit" means a residential dwelling containing, at minimum, a permanently installed kitchen (including, a sink, stove, refrigerator, counters, and cabinets) , bathroom (sink, toilet, and a shower or bathtub), bedroom (or sleeping area), living room (or area), parking, and storage space. All habitable rooms shall be separate from the bathroom(s). A residential unit may contain more than one bedroom, depending upon the needs of the development and the housing market. Each housing unit shall have non-exclusive access to common elements within the particular development. 17.68.030 Permitted Locations and Housing Types A. Subject to the provisions of this Chapter, Planned Affordable Developments shall be allowed in the following zoning districts: 1. Residential Zones: [16], R-3, R-4, MH/RV-1 zones; 2. Commercial Zones: C-1, C-2, C-4, and C-5 zones. 6 B. BHousing types for a PAD development shall conform to the types permitted in the underlying zoning district_, except that apartments or multi family housing types shall be permitted in PAD developments in the R 2 zoning district. 17.68.040 Minimum Project Area; Subdivision Lot Sizes A. Provided that all requirement of this Chapter can be met, there is no minimum project area required for a PAD development. B. Provided that all requirements of this Chapter can be met, there is no minimum lot size for lots within a PAD subdivision. 17.68.050 Performance Standards A. Affordability Concept. A11 aApplications shallare encouraged to include provide housing which contains la combination of I[17]one bedroom (or studio), two bedroom, or three bedroom units. The application shall demonstrate that the units for sale or rent qualify as affordable housing, as defined by this Chapter. Units developed under this Chapter (including affordable and market rate units) shall not be used or offered as overnight accommodations. Where an application includes phased development, affordable units shall be constructed as part of each phase with not less than the minimum required ratio in each phase. PAD developments shall meet the following requirements as to types of affordable units within each la pplicatior1[18]I[19]: Market Rate: 30%; Moderate Income/Low: 50%; Very Low/Extremely Low: 20%. For PAD Developments containing up to five (5) units the City Council may approve an alternative mix of units, but in no case shall the number of market rate units exceed one (1). Total Affordable Market Rate Units Moderate Income, Low[20] Very Low Income PAD Units 2 1 519 20% 80% 20+ B. Minimum Unit Sizes. All housing units developed under this Chapter shall contain, at minimum: a permanent kitchen (including, at minimum, a sink, stove, refrigerator, counters and cabinets) ; bathroom, including a sink, toilet, shower (or bathtub); bedroom (or sleeping area); living area; parking; and storage space. Housing units may contain multiple bedrooms or other functional spaces as needed Minimum unit size, assuming a studio apartment, shall be not less than four hundred seventy five (475) square feet. A11 housing units, and rooms 7 within those units, shall comply with applicable building code minimum requirements, including the International Residential Code, as adopted by the State of Utah. C. Height of structures. The maximum building height of all buildings in a PAD development shall be as follows: R 2: 24 feet R-3 and R-4: C-1, C-2, C-4, and C-5: 30 feet 40 feet Building height shall be measured from the average finished grade of the building to the midpoint of the highest plane of the roof. D. Setbacks; Adjacent Solar Access. Except as necessary to preserve solar access, as set forth in subsection 1, below, the front, back, and side setbacks of a PAD development relative to other properties shall be provided by the underlying zoning district. PAD developments [nay [21]be required to provide additional setbacks where necessary to provide adequate solar access to adjacent properties located immediately to the north of the project boundary. E. Open space/Common Facilities. PAD rental developments shall include open space for residents consistent with the size and scope of the project area. Open space, such as landscaping, recreation areas, entryways, commons spaces, bicycle racks, and setback areas shall comprise not less than five percent (5%) of the project area. Required parking spaces, stairways, elevators, and hallways shall not be calculated as open space. Provided that each lot has adequate open space, [22]I[23] [24]PAD subdivisions are not subject to the five percent requirement of this Subsection (E). F. Stormwater. Projects shall include engineered plans for the detention and conveyance of reasonably anticipated storm -water attributable to the project. Storm -water conveyances shall not connect to sanitary sewers. G. Sidewalks/trails. PAD developments shall incorporate elements to facilitate pedestrian and bicycle access. Sidewalks are required along at least one side[25] of all public street frontages. Trails may be required to connect to existing or planned trail systems or public streets. I4—Parking. Vehicle parking shall be provided for all PAD developments in the R 3, R 1, C 1, C 2, C 5 and C 5 zoning districts at a rate of not less than one (1) off-street space per bedroom per unit. dwelling unit. PAD developments in the R 2 zoning district shall provide off street vehicle parking at a rate of not less than one (1) space per studio or less than one and one half (1.5) spaces per bedroom. Wherever possible, Pparking areas shall be located within the Iperimeter [26] [27]of the building envelope. Hard-scape semi- permeable materials may be used for parking spaces. [28] Where-the-number-ofrequired parking spaces is a decimal of .5 or higher, the required number of spaces shall be 8 rounded downward. In R 2, a project must front a street wide enough to accommodate on street parking on both sides as well as two lanes of traffic. I. Lighting. Adequate lighting must be provided for public spaces and common areas. Light fixtures shall consist of a full cutoff, fully shielded, downward directed fixtures. Wall mounted flood lights that direct outward toward other properties and roadways are prohibited. I[29] J. Manufactured housing. All manufactured housing to be utilized in developments under this Chapter shall comply with all other provisions of the building code. K. Culinary Water/SewerWastewater. All dwellings shall be served by municipal culinary water and wastewatersewer service. Fire flows shall be provided and hydrants installed in conformity with building codes and fire department requirements. L. Streets. Developments shall provide adequate public street access to each dwelling. All streets within an application shall be hard surfaced or paved and constructed in conformity with City design specifications, as determined by Staff. Streets shall include concrete curb, gutter, and sidewalk, and be configured to allow adequate vehicle and emergency access. Streets shall be designed to promote efficient circulation and connectivity to other parcels and the remainder of the City street system. Street signage must be installed consistent with staff requirements. I. L2. Traffic. Traffic studies for PAD developments that qualify as major subdivisions shall take into account not only traffic increases for the subject development but other pending or anticipated developments with related traffic concerns. L M. Utilities. Applications must include a utility plan showing feasibility and placement of electrical, telephone, cable, and internet services. MN. Site Specific Elements or Standards. Depending on the scope of the project area, the City may require that site -specific design elements or standards be incorporated into an application as needed to address public safety, recreation, construction requirements, access, connectivity, or future phases of development. 10. Storage. Each dwelling unit shall be provided with a separate, covered lockable storage space which is at a minimum large enough to store as many adult bicycles as there are bedrooms in the unit., one plus one for each bedroom.091[34-1. Units having more than one bedroom shall provide proportionately larger storage space. O P. Advisory Document Consistency. All applications shall demonstrate substantial consistency with Advisory Documents. The land use authority may deviate from Advisory Documents on a case by case basis upon a showing of good cause. 9 P O. Lot Sales with Finished Dwellings. PAD subdivisions shall include the sale of an affordable housing unit together with the sale of a lot, unless exempted by the terms of a development agreement. 17.68.060 Application Review Procedures A. General Procedures PAD applicants shall comply with the following review procedures. 1. Pre -application Meeting. A pre -application conference shall be held with planning staff to discuss the proposed development concept, likely development issues, and the requirements of this Chapter. 2. Application Submittal/Completeness Review. Upon submittal of an application and payment of the required fees, City Staff will review the application to determine if it includes, in form adequate for substantive review, all of the submittal materials required by this Chapter. If an application is found to be deficient, City Staff will notify the applicant of the deficiency in writing. 3. Staff Review. In every case the application will be reviewed by the DRT and review agencies. The DRT may require that the applicant correct errors or incorporate design changes consistent with applicable codes, design standards, and/or review criteria. Where an application is substantially incomplete or grossly deficient, the staff may notify the applicant in writing that the application will not be subject to further review until such time as the enumerated defects are cured. 4. Planning Commission Review. Preliminary Plat or Preliminary Site Plans that have completed Staff review will be forwarded to the Planning Commission with a Staff recommendation. The Planning Commission shall hold a public hearing to review the application and receive public comment, and it may: a) approve the application; b) deny the application; c) approve the application subject to conditions; or d) table the application pending receipt of additional information. a. At preliminary plat/plan review the applicant shall demonstrate that the plat or plan meets all submittal and performance criteria. Final construction drawings are not required, but all submittals must demonstrate the feasibility of the final design and conformity with this Chapter, applicable codes, and design standards. 5. Final Plat/Final Site Plan Review Procedures. When an applicant is ready to request Final Site Plan or Final Plat approval a Final Plat or Site Plan shall be submitted for review by Staff. Staff will review the design documents for completeness and verify that they incorporate changes or conditions required at the preliminary approval stage. Additionally, all related documents and agreements, including a Subdivision Improvements and Phasing Agreement, Land Use Restriction Agreement, and Covenants, 10 Conditions & Restrictions (if applicable), and final construction drawings shall be reviewed and in final form prior to submittal to the City Council for final approval. a. Final approval shall be in the form of an ordinance adopted by the City Council incorporating all the design drawings, the Final Plat or Final Plan, the conditions, and all development agreements comprising the PAD. Final approval is a legislative decision of the City and constitutes a site -specific development plan for all lands included in the project area. 17.68.070 Submittal Requirements A. A PAD application must be submitted to the Planning Department on the approved application form, together with the required review fee. The application must be signed by the record property owner or, if the applicant is not the owner, the applicant must deliver proof of approval signed by the owner. Components of the application submittal may contain multiple plan sets or reports, provided, that they are clear, legible, and successfully demonstrate the purposes required under this Chapter. Unless waived by the Planning Director, the application must include four copies and electronic PDF copies of all design drawings and submittals. B. PAD applications shall conform to the submittal requiremen032]I[331s of Chapter 17.67, Site Plan Review, except that site plan submittal requirements are waived for development of the following: li) a single dwelling unit; ii) a twin home or duplex; or I[341iii) development of up to six (6) dwelling units. Developments subject to this subsection (B) shall submit all required building permit submittals with the application, and City staff may require supplementation of submittals to assure compliance with this Chapter. Subdivision Developments subject to this subsection (B) shall also submit a proposed Final Plat for review and approval. C. Additional Submittals --Waiver of Certain Submittals. The Planning Director has discretion to require other submittals where appropriate for the review of a particular application. Alternatively, the Planning Director has discretion to waive or modify any requirement for a particular submittal if it is determined that the document or report is not necessary, or if an alternate submittal is justified for the review of a particular application. Any waiver shall be in writing labeled as a submittal waiver, shall identify the project by name and application number, and shall be signed and dated by the Planning Director. D. Conformity with Submittal Standards. All submittals must conform to the land use submittal standards adopted by the City. Submittals which do not clearly or accurately depict elements required for review of the project may be rejected, or staff may require revisions during the review process. E. Affordable Housing Development Plan. The Affordable Housing Development Plan shall contain, at a minimum, the following information: 11 1. A general description of the development, including whether the development will contain units for rent or sale; 2. The total number of market -rate units and affordable housing units (with descriptions of the income subcategories) and a depiction of where those units will be situated on the plat/plan; 3. The square footage of each market -rate unit and of each affordable unit measured from the interior walls of the unit; 4. The estimated sale price or monthly rent for each market -rate unit or lot and each affordable housing unit; 5. If construction of dwelling units is to be phased, a phasing plan stating the number of market -rate and affordable housing units in each phase; and 6. Statistical information as to the project area, developed area square footage, open space area, area and number of parking spaces, and the like shall be included. 7. Affordability calculations and assumptions demonstrating that the housing will be affordable under current economic conditions. F. Departmental Standards. All developments pursuant to this Chapter shall comply with departmental standards published by the City. 17.68.080 Miscellaneous Provisions A. Variances --Exceptional Conditions. In cases where unusual topographic or other exceptional conditions would pose a hardship on the applicant, variances from the strict requirements of this Chapter may be made by the [Appeal Authority[35061 prior to Final Plat/Plan review. Staff shall provide a recommendation with respect to the proposed variance. The Appeal Authority may grant a variance, provided that it will not result in substantial detriment to the public good and will not substantially impair the intent and purpose of this Chapter. B. Accessory Dwelling Units Prohibited. Accessory dwelling units, as defined in the Moab Municipal Code, are not permitted within a PAD development. C. Vacating or Changing a Subdivision Plat. Any proposed vacation, alteration, change, or amendment to an approved PAD plat must comply with the notice requirements of U.C.A. 10-9a-205 and the requirements changes to a platted subdivision outlined by the U.C.A. 10- 9a-608. D. Decision Matrix. Decisions under this Chapter shall be made by the following: 12 Application/Action Advisory Body Land Use Authority Appeal Body Required Public Hearing Prelim. Plat/ Prelim. Site Plan City Staff Planning Commission AA** Yes, (PC) Final Plat/Site Plan City Staff City Council District Court No Amend Plat* Planning Commission City Council District Court Yes, PC & CC Modify Lot Lines City Staff City Council District Court No * If all owners within the plat sign to permit amendment and the area does not include vacation of a public right of way, then the City Council may approve the application without a public hearing. **AA means the Appeal Authority, as specified in MMC 17.72.120 E. Proof of Sewer or Water Availability for Non -City Authorities. Where the City is not able to provide culinary water or sewer service to a proposed development, the applicant will be required to provide a current letter from the water or sewer service provider demonstrating that water and sewer service is available to the subject site. 17.68.100 Appeal Procedures A. Any person adversely affected by a preliminary land use decision, including a decision by the Planning Commission approving or denying a preliminary Plat or Plan, may appeal that decision to the Appeal Authority, and the appeal shall be governed by the procedures in MMC § 17.72.120 through 170. B. Any person adversely affected by a final land use decision of the City Council under this Chapter may appeal that decision by filing an action in the District Court for Grand County, Utah. C. Exhaustion of all administrative remedies shall be required prior to any applicant seeking judicial review of any final decision pursuant to this Chapter. Failure to exhaust administrative remedies shall result in the action or suit being dismissed. D. A judicial action seeking review or appeal of a final decision or action under this Chapter must be filed no later than thirty (30) calendar days from the date of the decision or order that is the subject of the appeal. E. Upon the commencement of a judicial appeal challenging any decision under this Chapter, the City shall promptly transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. F. There shall be no judicial review of legal claims or points of error which are not first presented for review or decision to the land use authority. 13 G. In any review pursuant to this Chapter (whether administrative or judicial), the reviewing body shall presume the decision made under this Chapter is valid. A final decision of the City Council shall be affirmed if it is found to be within the scope of legislative discretion. H. Disputes concerning or arising from administration of this Chapter after final land use approval, including but not limited to enforcement of the Land Use Restriction Agreement, affordability controls of this Chapter, or the like, shall be heard by the District Court, Grand County, Utah. 17.68.110 Development Improvements Agreement A. The Development Improvements Agreement (DIA) shall be approved by the City Council at the time of approval of the Final Plat or Final Site Plan. A DIA between the City and the applicant is required to specify the overall development plan in writing and is a condition precedent to the commencement of construction. The DIA shall set forth the commitments and obligations of the City of Moab and the applicant, including, as necessary, a financial assurance for required public improvements, the applicant's phasing plan, and other details particular to the development. The DIA shall be subject to review and approval by the City Council and must be consistent with all prior approval conditions applicable to the approved plan. B. The DIA may require that an applicant provide a performance bond, letter of credit, or other financial assurance to secure completion of required improvements, and/or as a condition for Final Plat or Final Site Plan approval. The financial assurance shall be provided in an amount equal to one hundred fifty percent (150%) of the estimated cost of all required public improvements, including: landscaping; road improvements; pedestrian ways, trails, sidewalks, curbs, and gutters; street lighting and signage; culinary water lines and fire hydrants; wastewatersewer lines and sewage -wastewater disposal facilities; and storm -water improvements. City staff shall verify the correct amount of the financial assurance based upon review of the cost of the required improvements. Not more than ten percent (10%) of the financial assurance may be held to secure any warranty claims, as provided in the DIA. C. With respect to a PAD subdivision, no final plat for the subdivision, or any phase thereof, and no building permit for construction upon any lot within the subdivision shall be executed by the City until such time as either: 1) all public improvements are completed in accordance with the DIA and accepted by the City; or 2) a financial assurance as required by this Chapter is provided to the City. A Subdivider shall not convey or attempt to convey any lot prior to the recording of the final plat, and any purported conveyance in violation of this subsection shall be void. D. With respect to a PAD rental development, no final site plan for the development, or any phase thereof, and no building permit for construction of housing units within the development, shall be executed by the City until such time as either: 1) all public improvements are completed in accordance with the DIA; or 2) a financial assurance as required by this Chapter is provided to the City. A Developer shall not convey or attempt to 14 enter into any lease prior to the execution of the fmal site plan, and any purported lease or rental contract entered into in violation of this subsection shall be void. E. All public improvements shall be warranted against defects in materials and workmanship for a period of not less than one (1) year from the date of acceptance by the City. Upon expiration of any warranty period the financial assurance provided by this Section shall be released. 17.68.120 Affordability Controls A. Eligibility- General Policy. All affordable housing developed pursuant to this Chapter, including rental units and units (or lots) for sale, shall be leased or sold to persons who meet the eligibility requirements of this Chapter. The Developer[37] or Subdivider[38] shall at all times assure that affordable housing units are transferred to eEligible pPersons, and it shall provide proof of its compliance with all eligibility and affordability controls to the City or its designated Monitoring Agency annually and/or upon written request. The City may require advance approval of eligibility. Prospective tenants or purchasers of affordable housing shall provide verification of their eligibility to either the Developer or Subdivider at the time they apply for housing subject to this Chapter. To be eligible to loccupA39]1[40] affordable housing under this Chapter the persons must be Eligible Persons, as defined by the following criteria: must et[41]: 1. The persons comprising the household must have a combined household income which does not exceed one hundred percent (100%) of the Grand County, Utah, Area Median Income (AMI), as published by II10[42] from time to time. 2. At least one person in the household must be either: i) employed full time in Grand County; ii) disabled; or iii) Aa retired person over sixty years of age who was a full- time employee of an entity located within Grand County for at least five (5) continuous years immediately preceding his or her retirementt [43][44][45]I[46][47]I[48]I[49]1over sixty (60) years of age and retired from the workforce450]I[51] 3. All persons occupying PAD affordable housing units must utilize the housing as their sole place of residence. Leasing of sales units, subleasing or assignment of rental agreements, or overnight lodging uses, shall not be permitted in PAD developments. B. Rent ICalculatioi [52]. The Developer offering affordable housing units for lease shall set the monthly rental rate at an amount (assuming a three -bedroom unit) and legs reasonable tility costs that does that does not exceed thirty percent (30%) of the area median income (AMI) for a Grand County household of four (4) persons, as adjusted from time to time, divided by twelve (12) months ((the Allowed Rental Rate)., multiplied by the affordability income target (30/50/80/100%). The Allowed Rental Rate calculation shall assume a reasonable allowance for annual utility costs that may be incurred by the tenant. The Allowed Rental Rate shall be adjusted downward proportionately for units offered to Very Low Income or Low Income households. Units with greater than or less than (3) bedrooms shall be rented at a rate which 15 1 is adjusted ProportionatelA53]. As an illustration, the Allowed Rental Rate per month for an affordable unit based on a hypothetical Grand County AMI of $55,000 would be as follows: 3 bedroom: AMI $55,000[54]I[55] = $1,345.00 per month; 2 bedroom = $896.66; 1 bedroom = $448.33. [56]-$1,200 (annual utility allowance) x 30% ± 12 1. inflation adjustments [57]in the Allowed Rental Rate shall be made annually, as of January of each calendar year, and shall be based upon the year to year increase in the Consumer Price Index (CPI-U), West Region, as published by the United States Department of Labor, Bureau of Labor Statistics. The City or the Monitoring Agency will publish the inflation adjustment and provide same to Developers for purposes of calculating Allowed Rental Rate increases. 2. Nothing in this Chapter shall preclude a Developer from entering into a fixed rental rate lease with a tenant who is otherwise compliant with this Chapter at the time of execution. C. Sales Eligibility, Additional Requirements. In addition to the general qualifications set forth in Subsection B, above, persons who purchase affordable housing units pursuant to this Chapter shall comply with the following criteria at the time of purchase: .1'otal household net assets (asset value after deduction of the value of any liens -such as a car loan) shall not exceed one and one half (1.5)[58]-forty percent (40%)times of the Original Purchase Price (OPP) or the subsequent 1[59]sales price of the housing unit460]I[61] D. Sales Price Calculationi[62]; Subsequent Sales. The Original Purchase Pric463]OPP for affordable housing -_units developed pursuant to this Chapter shall be calculated as follows: principal, interest, taxes, and insurance (PITI) on the unit shall not exceed thirty percent (30%) of the Grand County AMI for a household of four divided by twelve (12) months. Assumptions used to calculate the OPP shall be: i) a five percent (5%) down payment; ii) a 30-year mortgage term; and a mortgage rate equal to the prevailing First Home rate, or its equivalent, of the Utah Housing Corporation(www*tahhousingcorp04].org) (or equivalent). The City will determine OPP at the time of land use approval in a manner that reflects proportionate changes in OPP based on housing unit size. E. Maximum Appreciation. To assure continued affordability, each affordable housing unit developed under this Chapter shall be subject to a deed restriction, in a form approved by the City, which caps appreciation which may be earned upon subsequent sale of the unit. The Maximum Resale Price (MRP) shall be the OPP plus the following: 1. An increase in price of no more than three percent (3°/d[65] [66]) per year from the date of purchase to the date of sale, prorated for each month less than a calendar year; and 2. The actual cost of any capital improvements to the unit, including by way of example: i) the addition of finished living space; ii) remodeling of a kitchen or bath; iii) replacement 16 of major components such as heating systems, cooling systems, windows, roofing, siding or the like; provided that the improvements have been permitted and inspected by the City Building Official. The property owner is responsible for documenting the value of all such improvements at the time of permitting. In no event shall capital improvements exceed five percent (5%) of the MRP. 17.68.130 Land Use Restriction Agreement and Covenants A. At the time of final approval of every PAD, the City and the Developer/Subdivider shall execute and record in the land records a Land Use Restriction Agreement (LURA) implementing and providing for enforcement of the affordability controls specified in this Chapter. The LURA shall be a deed restriction running with the land, and binding upon the original grantor, and all successors and assigns in title. The LURA shall provide, at a minimum, the following: 1. The affordable housing units shall be leased or sold to, and occupied by, eligible persons; 2. The affordable housing units shall be leased at rent levels affordable to eligible persons for a period of not less than fifty (50) years from the date of the initial certificate of occupancy; 3. The affordable housing units shall be sold at sales prices affordable to eligible persons for a period of not less than fifty (50) years from the date of the initial certificate of occupancy; 4. Subleasing of PAD rental units, Fleasing of PAD sales units[67]I[68] , or the offering or use of PAD units as overnight accommodations is prohibitediexcept to Eligible Persons as verified by the City; 5. The number of affordable units shall not be reduced and shall remain at the originally approved affordability level for a period of not less than fifty (50) years; and 6. Provisions for enforcement and monitoring of the Affordability Controls, including (as applicable) specific performance, damages, and an award of attorney fees and costs in the event of a violation. B. Maintenance. For PAD rental developments the LURA shall contain provisions providing that the owner shall maintain all units in a safe, sanitary, and functional condition in accordance with the provisions of the International Property Maintenance Code, as adopted by the City, or its equivalent. C. Recording Deed Restrictions. The LURA shall be recorded in the land records prior to the recording of the Final Plat for a PAD subdivision or prior to the execution of a Final Site Plan for a PAD rental development. 17 D. IMonitoring. The Developer shall manage and operate all affordable units and shall submit an annual report to the City of Moab, or its Monitoring Agency, identifying which units are affordable units in a Planned Affordable Development, the monthly rent for each unit, vacancy information for each year for the prior year, monthly income for tenants of each affordable units, and other information as required by the LURA. The annual report shall contain information sufficient to determine whether tenants are eligible for affordable housing as provided by this Chapter. [69] 1. A Subdivider marketing affordable units for sale shall submit an annual report to the City identifying all affordable units sold in the last calendar year, the Original Purchase Price for each unit, and information sufficient to verify purchaser eligibility, as required by the LURA. The annual report shall contain information sufficient to determine whether home purchasers are eligible for affordable housing as provided by this Chapter. 2. The City or its Monitoring Agency shall be authorized to audit and review all Developer and Subdivider records pertaining to housing developed under this Chapter to verify compliance with this Chapter and all Affordability Controls. E. Extension of the LURA. The duration of the LURA may be extended for additional successive ten (10) year terms if the City Council certifies in writing at or before the expiration that there is a continuing need for affordable housing, and that it is reasonable that the affordability controls continue. In that case the the City may execute any necessary documents to give effect to this provision. F. IC ovenants][70][71]. Covenants, conditions, and restrictions (CCRs) for a PAD subdivision shall be reviewed and subject to approval by the City contemporaneous with final plat approval. The CCRs shall provide mechanisms for enforcement of community rules, collection of assessments (if applicable), and maintenance of common areas. 17.68.140 Impact Fees In conjunction with final approval of any PAD development the City Council may waive[72] all or a part of the impact fees otherwise be payable for the development. Any deferment waiver shall be vested in the discretion of the City Council, based on the merits of the application in attaining the affordability goals of this Chapte073]. 17.68.150 Enforcement A. A Developer, Subdivider, or successor in title who fails to comply with the Development, Improvements Agreement, the LURA, or any other agreements, development approvals, or provisions of this Chapter shall be issued a notice of violation and informed of the default under the applicable agreement. Each such person shall be given a reasonable period of time, not to exceed thirty (30) days, in which to cure any default or breach under the applicable agreement. 18 B. Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: i) proceeding against the financial assurance; ii). withholding building permits, certificates of occupancy, or certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations or breach of the agreement; iv) recording an affidavit of a lapse of plat/plan, in whole or in part; v) commencing an action for damages —including, but not limited to, damages for costs incurred in completing, repairing, or replacing required improvements or abating any violations; and/or vi) any other remedies available at law or equity, including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. In any action for injunctive relief the City need only prove a default or violation under this Chapter, and such relief shall be granted without the necessity of bond. C. The recording of an affidavit of lapse of plat/plan by the City shall result in the lapse of all prior land use approvals and the voiding of the subdivision of lots or the site plan within the real property specified in the affidavit. D. With respect to any default under the LURA or any other affordability controls of this Chapter, in addition to the remedies specified above, the City may obtain restitution or disgorgement of any proceeds realized by a Subdivider, Developer, or any successor in title from any leasing, sale, or other disposition of affordable housing units in violation of the affordability controls of this Chapter. In the alternative, the City may levy liquidated damages in the amount of five thousand dollars ($5,000.00) per violation. E. In any enforcement proceedings under this section the City shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other relief provided. 17.68.160 Interpretation This Chapter shall be interpreted and construed in manner that conforms to applicable law. If any provision shall be found to be unlawful or otherwise unenforceable, it shall be stricken or reformed in a manner that conforms with applicable law, without invalidating the entire ordinance. 17.68.170 Implementation City staff may develop and implement program rules consistent with this Chapter. This ordinance shall take effect immediately upon passage. Passed and adopted by action of the City Council this -I-3th day of November , 201g9. 19 1 By: Mayor Emily S. Niehaus Attest: By: Rachel StentaSommar Johnson, Recorder Date 20 Moab City Council Agenda Item Meeting Date: April 23, 2019 # Title: Confirmation of Mayoral Appointment to the City Planning and Zoning Commission Date Submitted: April 17, 2019 Staff Presenter: n/a Attachment(s): Letter of intent Recommended Motion: I move to confirm the mayoral appointment of Cory Shurtleff to the City Planning and Zoning Commission, effective immediately, to complete the appointment formerly held by Laura Uhele. His term will expire December 31, 2020. He will be eligible for reappointment at that time. Background/Summary: Per Title 2 of the Moab City Code, the Mayor appoints and the Council confirms the members of the City's Planning and Zoning Commission. Moab City Council Agenda Item Meeting Date: April 23, 2m9 Title: Sewer Connection Fee Changes Date Submitted: April 15, 2019 Presenters: Chuck Williams and Christopher McAnany Attachments: - Attachment 1- Draft Sewer Connection Ordinance CGM 4-5-19 Clean copy Attachment 2 - Redline comparison of existing code vs. Sewer Connection Ordinance CGM 4-5-19 Clean Version Suggested Motion: I move to adopt Ordinance 2019-14, An Ordinance Modifying Wastewater Connection Fees and Connection Procedures. Background/Summary: The City of Moab charges one-time sewer connection fees to recoup the costs of City employees physically installing the connection. Currently, because of variations in the scope of work for every connection, a base fee has been charged, followed by a post construction fee for the City's actual costs of construction. This practice has resulted in public confusion as to the actual costs of connection to the City wastewater system and added uncertainty to construction costs. Additionally, staff resources have been taxed, and a better use of those resources would be to have private contractors construct the service lines, with the City inspecting and approving the work. City staff will continue to install the connection (which is City -owned) but the contractor will now be responsible for excavating the trench, laying the sewer service line, and maintaining the proper separation from other utilities. The proposed changes have three main benefits: 1. The City liability is reduced because employees will no longer install sewer lines that are not City -owned or maintained; 2. Customer service is enhanced because the billing process is simplified; and 3. Sewer Department staff time would be available for other projects. Other administrative issues have been addressed with the proposed Ordinance including streamlining of billing and requirements for contractors. 1 CITY OF MOAB ORDINANCE NO.2019-14 AN ORDINANCE MODIFYING WASTEWATER CONNECTION AND CULINARY WATER CONNECTION PROCEDURES The following findings describe the intent and purpose of this ordinance. a. From time to time the City amends its ordinances to remove outdated provisions or improve its operations. b. Currently City staff installs new wastewater connections, including service lines, and charges for the costs for same. c. Because of variations in the scope of work for every connection, a base fee has been charged, followed by a fee for the City's actual costs of construction. d. This practice has resulted in public confusion as to the actual costs of connection to the City wastewater system. e. Additionally, staff resources have been taxed, and a better use of those resources would be to have private contractors construct culinary water and wastewater service lines, with the City inspecting and approving the work. f. To improve efficiency of administration, the City intends to require that all connection fees are due and payable at the time of building permit issuance. g. This ordinance makes other clarifying amendments to Subchapter 13.08. The City finds that these changes are necessary and appropriate. Therefore, the City of Moab repeals Subchapter 13.08 and amends same to read as follows: 13.08.010 Permit Required. No person shall connect to the City culinary water or wastewater system or carry on the work of laying, repairing, altering or connecting any pipe, fitting, or equipment to the culinary water or wastewater system without having first obtained authorization to do so as provided in this Subchapter 08. 13.08.020 Application. Application for culinary water and/or wastewater connections shall be made in writing by the owner of the premises to be served, or an authorized agent, and shall be accompanied by a plan showing the proposed connection, its size, and the location of all facilities to be connected to it. The application shall be made on the form entitled "Water and Wastewater Connection Application and Agreement" furnished by the City. All culinary water or wastewater connection 1 plans shall be reviewed for compliance with applicable City connection standards and plumbing codes. 13.08.030 Permit Prerequisites. The Public Works Department may approve a permit under this Chapter only when the plumbing in the dwelling or building to be connected is constructed and installed in accordance with applicable building and plumbing codes. All culinary water and wastewater connections require an approved design showing correct sizing, materials, and, in the case of wastewater connections, proper grade from the service location to the wastewater main. 13.08.040 Permit Issuance --Payment of Fees —Installation Procedure. A. Upon approval of the application by the Public Works Department, clearance by any other City departments, and payment of all applicable fees, the Treasurer may authorize connection to the culinary water or wastewater system. The authorization shall specify the type of occupancy, address, and size/type of the connection(s). All impact fees, connection fees, material charges, and other applicable utility fees are due and payable at the time a building permit is issued for new construction or development. B. The City will install all connection couplings to the City main culinary water or wastewater lines. Unless otherwise directed by the City, the applicant, at its sole cost, is responsible for arranging for excavation and construction of all culinary water or wastewater service lines from the building(s) to the City connection. All utility construction shall be performed by persons properly licensed to perform work of that type. The City shall be given not less than forty-eight (48) hours' notice of the installation in order to inspect service lines for workmanship and conformity with approved plans. Non -conforming or defective installations may be rejected. 13.08.050 Culinary Water Meters. All culinary water meters, whether supplied by the City or supplied and dedicated by the applicant, are the property of the City and are subject to its exclusive control. Unless otherwise directed, the City shall install all culinary water meters. If an applicant does not supply a culinary water meter, the City may order same and the cost of the meter will be due and payable by the applicant at the time of building permit issuance. 13.08.060 Fire -Line Connections. 2 A. All fire line connections to the culinary water system, including those for fire sprinkler systems and fire hydrants must meet the specifications for line size, passes, and backflow protection as determined by the Public Works Department. All fire sprinkler systems connected to the culinary water system must be installed with a single check valve with a meter that is AWWA-approved. B. A fire sprinkler system may be connected to the culinary water system using a chemical or antifreeze mechanism, provided that: i) the system is installed with a double check valve with a meter and by-pass; ii) all maintenance to such system is performed by the applicant; and iii) the connection meets all approved specifications and plumbing codes. 13.08.070 Fees. Rates for culinary water connections, wastewater connections, fire sprinkler connections, and all other utility fees shall be as set by the City Council from time to time by ordinance or resolution. 13.08.080 Rights -of -Way. The applicant is solely responsible for securing easements or rights -of -way necessary to accommodate culinary water or wastewater service. Where necessary, the City may require dedication or conveyance to the City of easements to accommodate installation of public utility lines. 13.08.090 Barricades and Traffic Control. If utility installation work will encroach upon City rights -of -way, the person performing the work must obtain and comply with an Encroachment/Excavation Permit. The Encroachment/Excavation Permit will address excavation, backfilling, traffic control, and safety measures to be taken in connection with the work. All persons performing utility installation must maintain sufficient warning signage, barricades, and/or signals at or near every excavation. All signage or barriers shall be maintained in compliance with the Utah Manual on Uniform Traffic Control Devices (current version) 13.08.100 Fees to be Paid Prior to Use of Service. Before culinary water or wastewater service will be turned on to any premises, all unpaid charges against the premises that are due and payable for culinary water or wastewater service, connection fees, impact fees, materials, or supplies shall be paid in full. 13.08.110 Service Outside City Limits --Service Agreement and Annexation. 3 Any applicant for connection to City culinary water or wastewater service for real property located outside the municipal boundaries of the City of Moab shall sign, as a condition for receiving service, a service agreement, in a form approved by the City, specifying the terms of service and providing that, as a condition to connection to municipal culinary water and/or wastewater service, the property owner consents to annexation of the subject property at such time as annexation shall be legally feasible. The City may properly deny an application for culinary water service or wastewater service outside of the municipal limits where capacity is unavailable, or where system requirements, distance, construction costs, terrain features, or the like make service impracticable. PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect immediately upon passage. SIGNED: Emily S. Niehaus, Mayor Date ATTEST: Sommar Johnson, Recorder 4 CITY OF MOAB ORDINANCE NO. 2019-14 AN ORDINANCE MODIFYING WASTEWATER CONNECTION AND CULINARY WATER CONNECTION PROCEDURES The following findings describe the intent and purpose of this ordinance: a. From time to time the City amends its ordinances to remove outdated provisions or improve its operations. b. Currently City staff installs new wastewater connections, including service lines, and charges for the costs for same. c. Because of variations in the scope of work for every connection, a base fee has been charged, followed by a fee for the City's actual costs of construction. d. This practice has resulted in public confusion as to the actual costs of connection to the City wastewater system. e. Additionally, staff resources have been taxed, and a better use of those resources would be to have private contractors construct culinary water and wastewater service lines, with the City inspecting and approving the work. f. To improve efficiency of administration, the City intends to require that all connection fees are due and payable at the time of building permit issuance. g. This ordinance makes other clarifying amendments to Subchapter 13.08. The City finds that these changes are necessary and appropriate. Therefore, the City of Moab repeals Subchapter 13.08 and amends same to read as follows: Chapter 13.08 CONNECTIONS Sections: 13.08.010 Permit Required. 13.08.020 Permit Application. 13.o8.o3o13.08.010 Permit Required. 13.08.020 Application. 13.08.030 Permit Prerequisites. 1 1 13.08.040 Permit —Issuance Prerequisites. 13.08.010 Permit Issuance Terms. 13.08.044 Fire line connections. 13.os.osoPayment of Fees —Installation Procedure. 13.08.060 Cost liability Construction requirements. 13.o8.°T:13.08.050 Culinary Water Meters. 13.08.060 Fire Line Connections. 13.08.070 Fees. 13.08.080 Rights -of -Way. 13.08.090 Barricades and Traffic Control. 13.08.ago100 Fees Paid Prior to be paid prior to turning onUse of water. 13.08.090 Service connections outside city limits. 13.08.110 Service Outside City Limits --Service Agreement --Annexation. 13.08.010 Permit —Required. No person shall connect to the City culinary water or sewer system or cause a connection to sucllwastewater system to be made, or carry on the work of laying, repairing, altering or connecting any pipe with the , fitting, or equipment to the culinary water or sewcrwastewater system without having first obtained authorization to do so as provided in this chapter. (Prior code § 26 36)Subchapter 08. 13.08.020 Permit Application. Application for culinary water and sewer/or wastewater connections shall be made in writing by the owner of the premises to be served, or 4isan authorized agent, and shall be accompanied by a plan showing the proposed connection, its size, and the size and location of all branches and facilities to be connected withto it. The application shall be made on the form entitled "Water and scwcrWastewater Connection Application and Agreement, " furnished by the City. Such application shall be acknowledged by the signer before a notary public. (Prior code § 26 37}City. All culinary water or wastewater connection plans shall be reviewed for compliance with applicable City connection standards and plumbing codes. 13.08.030 Permit Issuance Prerequisites. 2 The plumbing inspector and the waterworks superintendent shall The Public Works Department may approve a permit under this chaptcrChapter only when the plumbing in the housedwellinc, or building to be connected is constructed and installed in accordance with the regulations and provisions of the City regulating applicable building and plumbing, and only after the codes. All culinary water and wastewater connections require an approved design showing correct sizing, materials, and, in the case of wastewater connections, proper grade for drainpipe from housethe service location to sewer has been givcnthe wastewater main. 13.08.040 Permit Issuance --Payment of Fees —Installation Procedure. A. Upon approval of the application by the City engineer. For any such grade furnishedPublic Works Department, clearance by the City engineer a fcc of five dollars shall be paid into the City trclasury. (Prior code § 26 38)any other City departments, and payment of all applicable fees, the Treasurer may authorize connection to the culinary water or wastewater system. The authorization shall specify the type of occupancy, address, and size/type of the connection(s). All impact fees, connection fees, material charges, and other applicable utility fees are due and payable at the time a building permit is issued for new construction or development. 13.08.040 Permit Issuance Terms. Upon the payment of all connection fees as set forth in this chapter and upon the approval of the plumbing inspector and the waterworks superintendent, the City Treasurer shall issue a permit to connect with the City water or sewer system. The permit shall be for each connection and shall give the type of occupancy and address and show thereon the rules and regulations for sewer and water connections. The City Treasurer shall also issue an order to the waterworks superintendent to extend the water and sewer service lines from the mains to the property line and install the meter. The subdivider shall install these service lines in new subdivisions under the direction of the waterworks superintendent. In all cases the City shall inspect installation of water meters. Permittees approved by the waterworks superintendent to furnish and/or install water meters shall be entitled to a reduction in the cost of the connection fee equal to the City's cost of providing and/or installing the water meters. (Ord. 01 07, 2001; Ord. 15 77 (part), 1977: prior code § 26 39) 13.08.0/14 3 B. The City will install all connection couplings to the City main culinary water or wastewater lines. Unless otherwise directed by the City, the applicant, at its sole cost, is responsible for arranging for excavation and construction of all culinary water or wastewater service lines from the building(s) to the City connection. All utility construction shall be performed by persons properly licensed to perform work of that type. The City shall be given not less than forty-eight (4/3) hours' notice of the installation in order to inspect service lines for workmanship and conformity with approved plans. Non -conforming or defective installations may be rejected. 13.08.050 Culinary Water Meters. All culinary water meters, whether supplied by the City or supplied and dedicated by the applicant, are the property of the City and are subject to its exclusive control. Unless otherwise directed, the City shall install all culinary water meters. If an applicant does not supply a culinary water meter, the City may order same and the cost of the meter will be due and_payable by the applicant at the time of building permit issuance. 13.08.060 Fire line connections Line Connections. A—. All fire line connections to the cityculinary water system, including those for fire sprinkler systems and fire hydrants must meet the specifications for line size, passes, and backflow protection as determined by the waterworks superintcndcntPublic Works Department. All fire sprinkler systems connected to the culinary water system must be installed with a single check valve with a meter that is AWWA-approved. water system will be installed with a single check valve with a meter that is nWWn approved. �. A fire sprinkler system may be connected to the cityculinary water system using a chemical or antifreeze mechanism;, provided; that such: i) the system 19eis installed with a double check valve with a meter and by-pass, and provided that; ii) all maintenance to such system leis performed by the applicant;, and provided that iii the connection meets all otherapproved specifications as outlined in this section. (Ord. 94 07 (part), 1994) 13.08.050 Fees. The rates for water and sewer connection fees shall be as and feallows A. Rates within the City. 4 Water Connection Feel 3/4" meter $700.00 Each unit in trailer court, motel, or dwelling 35.00 1" meter 1,000.00 Each unit in trailer court, motel, or dwelling 50.00 1 1/2" meter 1,250.00 Each unit in trailer court, motel, or dwelling 75.00 2" meter 5 1, 500.00 Each unit in trailer court, motel, or dwelling 75.00 Scwcr Connection Fees /I" sewer 850.00 Each unit in trailer court, motel, or dwelling 50.00 6" sewer 950.00 Each unit in trailer court, motel, or dwelling 75.00 B. Rates Outside City Limits. Water Connection Fees 3/4" meter 6 $1,200.00 Each unit in trailer court, motel, or dwelling 100.00 1" meter 1,500.00 Each unit in trailer court, motel, or dwelling 150.00 1 1/2" meter 2,250.00 Each unit in trailer court, motel, or dwelling 200.00 2" meter 2,500.00 Each unit in trailer court, motel, or dwelling 7 250.00 Sewer Connection Fees /1" sewer 1,700.00 Each unit in trailer court, motel, or dwelling 100.00 b" sewer 1,900.00 Each unit in trailer court, motel, or dwelling 150.00 Cutting a street or road per foot ($75.00 minimum} 10.00 C. Fire Sprinkler System Connection Fees. There will be a fee equal to the cost of making a fire sprinkler limited to, the cost of labor, materials and equipment necessary to perform the connection. D. Fire Hydrant Connection Fccs. Thcrc will be a twenty five dollar fee to connect a fire hydrant into the City water system. 8 Should the actual cost of installation to the City exceed a minimum fee, the additional cost shall be paid by applicant. (Ord. 94 07 (part), 1994; Res. 19 93, 1993: Ord. 87 04 § 2, 1987; Ord. 15 77 (part), 1977; Ord. 3 77 (part), 1977: prior code § 26 40} 13.08.060 Cost liability Construction requirements. Any individual applicant which adjoins an existing water and/or sewer line within seventy five feet of the property line may connect to said service by paying to the City the connection and deposit fcc as stipulated under Section 13.08.050, Fees, and the City shall construct and connect the water and/or sewer line to the property line, and furnish the meter. All costs it e^^^^e+;^^ ,.,;+r h-e ^^s+,- +;^^ . f the water and sewer service lines from the point of use to the property line shall be paid by the applicant. All workmanship and materials shall be made in accordance with this chapter and with the plumbing regulations of the City. (Ord. 15 77 (part), 1977: prior code § 26 41) —codes. 13.08.070 Fees. Rates for culinary water connections, wastewater connections, fire sprinkler connections, and all other utility fees shall be as set by the City Council from time to time by ordinance or resolution. 13.08.080 Rights -of -Way. The applicant is solely responsible for securing easements or rights -of -way necessary to accommodate culinary water or wastewater service. Where necessary, the City may require dedication or conveyance to the City of easements to accommodate installation of public utility lines. 13.08.090 Barricades and Traffic Control. No person shall fail or neglect to maintain proper and sufficient barricades and signals at or n ar every excavation under this chapter so as to give warning of and protection against accident. (Prior code § 26 /I 2 ) If utility installation work will encroach upon City rights -of -way, the person performing the work must obtain and comply with an Encroachment/Excavation Permit. The 9 Encroachment/Excavation Permit will address excavation, backfilling, traffic control, and safety measures to be taken in connection with the work. All persons performing utility installation must maintain sufficient warning signage, barricades, and/or signals at or near every excavation. All signage or barriers shall be maintained in compliance with the Utah Manual on Uniform Traffic Control Devices (current version) 13.08.08o 100 Fees to be paid priorPaid Prior to turning onUse of watcrService. Before culinary water or wastewater service will be turned on to any premises, all unpaid charges against the premises that are due and payable to the city for culinary water or anywastewater service, material or connection fees, impact fees, materials, or supplies {pertaining thereto furnished thereon shall have beenbe paid. (Prior code § 26 43) in full. 13.08.090 110 Service connections outside city IimitsOutside City Limits --Service Agreement and Annexation. Any applicant for connection to +mob -City culinary water or scwcrwastewater service for real property located outside the municipal boundaries of the City of Moab city shall sign a-14, as a condition for receiving service, a service agreement, in substantiallya form approved by the form as attached toCity, specifying the resolution codified in this sectionterms Of service and found on file in the office of the Recorder, which agreement shall providcproviding that, as a condition to connection to the municipal culinary water and sewer/or wastewater service of Moab City, the property owner shall take a position in favor of consents to annexation and will assist, by signing petitions or other documents necessary for annexation if Moab cityof the subject property at anysuch time k"es to , * FFite- „ nel , ,;1-1 n+a;n e1 other terms and conditions as the annexation shall be legally feasible. The City council may properly deny an application for culinary water service or wastewater service outside of the municipal limits where capacity is unavailable, or where system requirements, distance, construction costs, terrain features, or the like make service impracticable. This ordinance is passed and adopted by the Moab City shall from time to time requireCOun it this day of applicants for extraterritorial service. (Res. 06 93, , 2019. This ordinance shall take effect immediately upon passage. SIGNED: 10 1 Mayor Emily Niehaus ATTEST: Sommar Johnson, Recorder Date 11 Moab City Council Agenda Item Meeting Date: April 23, 2m9 Title: A Resolution Setting Temporary Water and Wastewater Connection Fees Pending Completion of a Master Fee Ordinance Date Submitted: April 15, 2019 Presenters: Chuck Williams Attachments: - Attachment 1- Draft Resolution NO.26-2m9 Suggested Motion: I move to adopt Resolution NO.26-2m9 a Resolution Modifying Water and Wastewater Connection Fees until a Master Fee Ordinance is adopted. Background/Summary: This Resolution is needed if the Council adopted City of Moab ordinance no. 2019-14 an ordinance modifying wastewater connection and culinary water connection procedures If Council did not adopt City of Moab ordinance no. 2019-14 an ordinance modifying wastewater connection and culinary water connection procedures then this Resolution is not necessary. In other words the City would be enacting this fee resolution to establish connection fees in conjunction with the ordinance amending Subchapter 13.08, with the intention that this resolution will continue until the master fee ordinance is adopted. The Water connection and impact fees will NOT be changed at this time by adoption of this Resolution. The Sewer connection fees will be updated to reflect those in the Ordinance NO. 2m9-14. 1 A CITY OF MOAB RESOLUTION NO.26-2019 A RESOLUTION SETTING TEMPORARY WATER AND WASTEWATER CONNECTION FEES PENDING COMPLETION OF A MASTER FEE ORDINANCE The following describes the intent and purpose of this resolution: a. The City is making changes to Subchapter 13.08 of the municipal code pertaining to culinary water and wastewater connection procedures. b. The changes to Subchapter 13.08 are intended to make connection fees more predictable and transparent for the public by specifying that installations from the building to the point of connection are to be undertaken by private parties, rather than City personnel. c. The City has undertaken to develop a master fee ordinance compiling all fees assessed by City departments. The master fee ordinance is not final at this time. d. The City is enacting this fee resolution to establish connection fees in conjunction with the ordinance amending Subchapter 13.08, with the intention that this resolution will continue until the master fee ordinance is adopted. e. The City finds that these fees are reasonable, necessary, and proportionate, as much as possible, to the City's actual costs of providing the specified services. Now therefore, the City of Moab resolves as follows: Water Connection Fees/Impact Fees 1. Residential and Commercial- Non -lodging Within City ERU Meter Size Capacity Fee Connection Impact Fee Total Fee 5/8" X 3/4" 1.0 $1,840.00 $478.00 $2,318.00 1" 3.7 $2,305.00 $1,769.00 $4,074.00 11/2" 11.0 $2,485.00 $5,285.00 $7,743.00 2" 22.9 $2,785.00 $10,946.00 $13,731.00 4" N/A $4,555.00 Calculated under lodging rate N/A Outside City 5/8" X 3/4" 1.0 $1,925.00 $478.00 $2,403.00 1" 3.7 $2,045.00 $1,769.00 $3,814.00 11/2" 11.0 $2,325.00 $5,285.00 $7,583.00 2" 22.9 $2,965.00 $10,946.00 $13,911.00 4" N/A $4,915.00 Calculated under lodging rate N/A 2. Lodging (including motels, inns, bed & breakfast establishments, and hotels) Within City/Outside City Lodging without a restaurant Connection Fee: Based on Meter Size Impact Fee: $229 X # of Rooms Lodging with a restaurant Connection Fee: Based on Meter Size Impact Fee: $330 X # of Rooms Sewer Connection Fees/ Impact Fees* *(Connection Fee + Impact Fee = Total Fee) Sewer Connection Fees Within City 4" sewer $500.00 6" sewer $600.00 Outside City 4" 6" $550.00 $650.00 Sewer Impact Fee - see Sewer Impact Fee Schedule PASSED AND APPROVED by a majority of the City Council, this 23rd day of April, 2019 By: Emily S. Niehaus, Mayor Date Attest: By: Sommar Johnson, Recorder Date Moab City Council Agenda Item Meeting Date: April 23, 2019 Title: Approval of an Interlocal Cooperation Agreement with the San Juan Spanish Valley Special Services District Disposition: Approve, Deny, or Modify Staff Presenter: Chuck Williams, City Engineer Attachment(s): - Attachment 1 - Interlocal Cooperation Agreement - Attachment 2 - Resolution 28-2019 Recommended Motion: I move to approve "Resolution 28-2019 approving the Interlocal Cooperation Agreement with the San Juan Spanish Valley Special Services District" Background/Summary: The purpose of this agreement to establish the terms and conditions by which the San Juan Spanish Valley Special Services District (District) will be provided wastewater treatment services by the City of Moab (City). The City of Moab's Water Reclamation Facility ("WRF") was constructed in 2018. This facility was designed to provide wastewater treatment for the City of Moab and the surrounding Spanish Valley area. The City has begun operations at the WRF and has entered into interlocal agreements with special service districts throughout the region to process wastewater. This interlocal agreement will allow the City to provide the District with similar services. The City understands that the District will initially consist of 240 ERUs consisting of mostly single-family residential homes and some small businesses. Wastewater will collect in 8inch PVC sewer piping that will connect to a 10-inch PVC sewer pipe at the Grand County border owned by Grand Water and Sewer Service Agency's ("GWSSA") wastewater system and will then flow through the GWSSA system. The City understands that the District will ultimately supply services for approximately 1,982 ERUs at full build out in the future and the City has the capacity at the WRF to provide services for those ERUs. The City understands that initial services for the District will be needed in the spring/summer of 2019 and the City can meet this demand. City staff foresees no issues in providing services for these ERUs now and in the future. The District will be paying the City for the costs of wastewater services provided including impact fees and individual user sewer rates as required by the City. Adoption of this Interlocal Agreement will allow staff to make necessary arrangements with the District in anticipation of them delivering sewage in 2019. INTERLOCAL COOPERATION AGREEMENT This Agreement is made and entered into by and between the City of MOAB, Utah, a Utah municipal corporation, hereinafter referred to as "MOAB" and San Juan Spanish Valley Special Servicer District, an improvement district and a political subdivision of the state of Utah, hereinafter referred to as "DISTRICT". WHEREAS, MOAB, pursuant to Utah Code Ann. § 10-8-38, is authorized to acquire and operate systems for the collection, treatment, and disposition of sewage (a "Wastewater System"); and WHEREAS, MOAB owns and operates a Wastewater System, including facilities for the conveyance and treatment of domestic, commercial and industrial Wastewater; and WHEREAS, MOAB has designed and constructed a new sewage treatment plant with increased capacity for the future (the "Treatment Plant"); and WHEREAS, the new Moab Treatment Plant has additional capacity for the conveyance and treatment of wastewater for Moab and other contracted Users; and WHEREAS, the Moab Treatment Plant has acquired a Discharge Permit issued by the DWQ, which Permit describes the discharge requirements and treatment capability of MOAB's Sewage Treatment Plant or, among other things, limitations of the strength of wastewater influent; and WHEREAS, the DISTRICT, by this agreement with MOAB, the right to certain capacity in the Current Treatment Plant; and WHEREAS, pursuant to Utah Code Ann. § 11-8-1, municipalities and improvement districts are expressly authorized to enter into contracts for sewage treatment and disposal services, which authority is separate from and in addition to the authority granted under the Impact Fees Act, Title 11, Chapter 36a, of the Utah Code; and WHEREAS, DISTRICT is interested in providing for its existing capacity in the Treatment Plant; and WHEREAS, DISTRICT is in need of additional future treatment services and additional capacity for the treatment of Wastewater; and WHEREAS, MOAB intends to operate its Treatment Plant as a regional facility and is willing to accept Users; and WHEREAS, MOAB and DISTRICT deem it to be in the public interest to enter into this Agreement whereby MOAB will receive and treat DISTRICT Wastewater; and WHEREAS, DISTRICT is willing to pay its proportionate share of the costs of interconnection and transmission and to pay for treatment services and expenses for the domestic, commercial and industrial wastewater generated and conveyed to the Treatment Plant through the DISTRICT Wastewater System as described in this Agreement; and WHEREAS, it is necessary that all Users pay their fair share of costs associated with MOAB Wastewater System including treatment and transmission; and WHEREAS, it is the intent of the parties that MOAB will establish and collect an Impact Fee from all new Customers or Connections including DISTRICT Customers; and WHEREAS, MOAB and DISTRICT intend to work cooperatively to provide their citizens and Customers with safe, effective, and environmentally sound wastewater treatment services; and WHEREAS, MOAB will consider DISTRICT a User of its Wastewater system, and as such, DISTRICT will be regarded in the same manner as other Users of MOAB Wastewater System in regards to the cost of service based rate setting and surcharges; and WHEREAS, MOAB and DISTRICT desire to comply with applicable federal and state requirements dealing with wastewater treatment and pollution control; and WHEREAS, MOAB and DISTRICT recognize that the public interest will be served and that economic savings will be recognized by avoiding duplication of services and facilities. NOW, THEREFORE, in consideration of mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between MOAB and DISTRICT as follows: Article 1. Definitions. For the purpose of this Agreement the following terms are defined as follows: The agreement shall mean this Interlocal Cooperation Agreement for Conveyance and Treatment of Wastewater between MOAB and DISTRICT. Capacity Fee shall mean the costs associated with the capital costs of the MOAB Wastewater System identified in the Moab Wastewater Impact Fee Analysis to be paid by each Equivalent Residential Unit connecting to the MOAB Wastewater System through the DISTRICT Wastewater System. 2 Connection Point shall mean the location(s) where the DISTRICT sewer collection lines connect to the MOAB collection lines for conveyance to the MOAB Wastewater System. Each Connection Point shall delineate the point of ownership, operation, and maintenance responsibility transfer between the DISTRICT Wastewater System and MOAB Wastewater System. Customer shall mean the individual homes, commercial, governmental, manufacturing, or industrial businesses that are connected to the User's Wastewater System that are collected and treated in the MOAB Wastewater System. Discharge Permit shall mean a permit issued by DWQ to allow MOAB to discharge treated wastewater from either the Treatment Plant to waters of the state of Utah, specifically the Colorado River. DISTRICT shall mean the Spanish Valley Water & Sewer Improvement District. DISTRICT Wastewater System shall mean all properties and facilities, whether leased, owned, or otherwise controlled, operated or maintained by DISTRICT, used for the collection, conveyance, and/or treatment of Wastewater within DISTRICT. Equivalent Residential Unit (ERU) is a unit of measure used to equate non-residential or multi- family residential water usage to a specific number of single-family residences. For purposes of this Agreement, one ERU is the equivalent of a typical single-family home. An ERU is the unit of measurement for the impact fee calculation. Force Majeure shall mean a cause or causes beyond the reasonable control of the party claiming Force Majeure and shall include, but is not limited to, natural disasters, strikes, lockouts, or other industrial disturbances, acts of a public enemy, orders of any kind from the United States of America or the state of Utah or any civil or military authority having jurisdiction, insurrections, riots, epidemics, lightening, fires, hurricanes, storms, floods, tornadoes, washouts, earthquakes, droughts, restraint of government and people, civil disturbances, explosions and breakage or unavoidable accidents to machinery, pipelines or facilities. However, the parties agree that a mere increase in operating costs shall not, by itself, constitute an event of Force Majeure. Impact Fee shall mean a Capacity Fee charged to a new building or project that will require a new wastewater connection to send Wastewater to the Moab Wastewater System adopted and amended from time to time by MOAB in accordance with the Utah Impact Fees Act. Infiltration shall mean the leakage of storm water or ground water into a Wastewater System. Meter Station shall mean a flow metering station for measuring wastewater flows. MOAB shall mean Moab City, a municipal corporation in the state of Utah. 3 MOAB Wastewater System shall mean all properties and facilities, whether leased, owned, or otherwise controlled, operated, or maintained by MOAB, used for the collection, conveyance, treatment, and discharge of Wastewater within MOAB. Monthly Rate or Service Charge shall mean the standard cost -based charges developed through the then current Moab Rate Study required to be paid by Customers of MOAB or DISTRICT for their specific amount of discharge into the Wastewater System. It is not anticipated that the Monthly Rate will be the same for MOAB Customers and DISTRICT Customers because MOAB will incur costs that benefit only its Customers and cannot properly be allocated to DISTRICT Customers, and DISTRICT may incur costs that are unique to DISTRICT Customers and do not benefit MOAB Customers. MOAB Treatment Plant (Treatment Plant) shall mean the Moab City Wastewater Treatment Plant which was opened in the Fall of 2018. Periodic Basis is a reoccurring event with consistent timing. Pre-treatment shall mean a Customer -owned device or Customer implemented process, that is intended to remove untreatable products from the Wastewater or intended to prevent influent from exceeding the Wastewater Permit, prior to sending it into the MOAB Wastewater System. Pre -Treatment Permit shall mean a permit required by all non-residential uses which may affect the influent and thereby MOAB's ability to process sewage within User's service area, who will be connected to the MOAB Treatment Plant. Pre -Treatment Program shall mean a DWQ approved pre-treatment program that is implemented to prohibit unacceptable or untreatable flows to MOAB's Treatment Plant. Rate Study shall mean a good faith comprehensive analysis of operating and maintenance costs of the Moab Wastewater System and a comparison of the costs against currently applicable rates and fees. Resolution shall mean a formal expression of the opinion or will of MOAB or DISTRICT, adopted by the applicable legislative body. A resolution may be a statement of policy by the MOAB or district governing body (City Council or DISTRICT board of trustees) or an order of the governing body that a specific action be taken. Reuse Water shall mean treated effluent wastewater discharged from the MOAB Treatment Plant that may be diverted from the effluent stream for other non -potable applications in accordance with applicable law. 4 Septage shall mean excrement and other waste material contained in or removed from a septic tank, pit toilet or other physical storage location on state or federal lands as well as private property locations. Treatment Plant shall mean the Moab City Wastewater Treatment Plant which was opened in the Fall of 2018. Treatment Service Area shall mean the service areas as the Users are accepted into the MOAB Wastewater Treatment Plant and any additional areas added to Users service areas that are accepted by MOAB. Total influent shall mean wastewater flows from all sources in the wastewater collection system (except septic). Useful Life of the MOAB Wastewater Treatment Plant shall mean the period during which the Wastewater Treatment Plant is expected to be usable for the purpose of adequate treatment of Wastewater in accordance with DWQ Discharge Permit. The Useful Life may or may not correspond with the actual physical life or economic life. User shall mean any entity including the DISTRICT and MOAB transferring their Wastewater and/or Septage to the MOAB Wastewater System for transmission, collection, and treatment. Wastewater shall mean the spent water of a community, including but not limited to a combination of the liquid and water -carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any ground water, surface water, and storm water infiltration into the community's Wastewater System. Article 2. Scope. 2.1 Purpose. The purpose of this Agreement is to set forth the conditions by which DISTRICT may transfer its existing capacity in the Moab Treatment Plant and the conditions for the DISTRICT to continue to discharge Wastewater into the MOAB Wastewater System for conveyance and treatment services and to establish mutually acceptable standards and procedures. 22 Wastewater permit. MOAB will issue a Wastewater Permit to DISTRICT setting forth the parameters, standards, and requirements for the discharge of Wastewater into the MOAB Wastewater System based upon MOAB's DWQ issued Discharge Permit and the biological and hydraulic capacity of the MOAB Treatment Plant in addition to the provisions contained in this Agreement. Any renewal of the Wastewater Permit will occur within six (6) months of renewal of MOAB'S DWQ Discharge Permit. 23 Compliance. The parties intend that both parties shall comply with all requirements, parameters, conditions, and standards contained within this Agreement as well as those contained within the Wastewater Permit. 5 2.4 Enforcement of Laws. To the extent allowed by law, MOAB and DISTRICT shall enforce all federal, state and local laws as they relate to the development, construction, maintenance and operation of their respective Wastewater Systems, including pretreatment requirements imposed by law or permit. 25 Prior Agreements. This Agreement supersedes any other wastewater agreements between MOAB and DISTRICT if any. Article 3. Term. 3.1 Commencement of Term. Having already been reviewed by attorneys representing each party, this Agreement shall become effective upon (i) its approval as reflected in a resolution adopted by each governing body and its execution by both parties and (ii) the filing of an executed copy of this Agreement with the keeper of records of each of the parties (the "Effective Date") as required by the Interlocal Cooperation Act. 3.2 Duration of Agreement Except in the event of early termination as provided herein, the term of this Agreement shall end at the expiration of the Useful Life of the MOAB Treatment Plant, including the subsequent planned expansion, or fifty (50) years, whichever is sooner. 33 MOAB Treatment Plant. The discharge of the DISTRICT Wastewater to the MOAB Wastewater System pursuant to this Agreement is allowed following the execution of this Interlocal Agreement. Article 4. Termination of Agreement. 4.1 Termination Due to Material Breach. Either party shall have the right to terminate this Agreement in the event of a material breach of the provisions of this Agreement by the other if the defaulting party has not cured or reasonably started to cure such material breach within six (6) months after the non -defaulting party has made written demand to cure the same. A. Events that may constitute a "material breach' of this Agreement by DISTRICT include but are not limited to: 6 1. Exceeding the limitations set forth herein; 2. Failure to take action in the event of discharge from the DISTRICT Wastewater System of harmful substances in excess of the quantity or concentrations permitted by local, state and/or federal laws; 3. Failure to enforce any material, local, state and/or federal rule, regulation, law or procedure as it relates to the development, maintenance or operation of the DISTRICT'S Wastewater System; 4. Failure to comply with the requirements of the Wastewater Permit; 5. Remaining delinquent for any payment due hereunder for a period of ninety (90) days after receiving notice of thereof from MOAB. MOAB agrees that in the event DISTRICT disputes any charge or fee imposed by MOAB, DISTRICT may pay the disputed portion of the bill under protest pending a resolution of the dispute; and 6. Failure to perform any material covenant or obligation contained in this Agreement. B. Events that may constitute a "material breach" of this Agreement by MOAB include but are not limited to: 1. Exceeding the limitations set forth in the DWQ issued Discharge Permit; 2. Failure to comply with any local, state and/or federal rule, regulation, law or procedure as it relates to MOAB's Wastewater System; and 3. Failure to comply with the DWQ issued Discharge Permit; 4. Failure to perform any material covenant or obligation contained in this Agreement. 4.2 Mutual Agreement. This Agreement may be terminated by the mutual consent of MOAB and DISTRICT by resolution duly adopted by the governing body of each entity. 4.3 Continuing Responsibilities. No termination of this Agreement shall terminate the right of either party to any indemnification, payment or other outstanding performance, remedy or recourse arising with respect to an event, circumstance or event of default occurring or existing prior to the date of termination. Article 5. Initial Buy -In to MOAB Wastewater Treatment Plant. 5.1 Capital Contribution. FORTHCOMING 5.2 Capacity. Capacity shall be allocated between the MOAB and the DISTRICT based on the total ERUs currently utilized by each entity. By reference in the Technical Memorandum, Exhibit 1, MOAB is accepting the existing DISTRICT ERUs (flows) of Two Hundred Forty (240) ERUs and the DISTRICT's current list of Customers and equivalent ERUs. The DISTRICT and MOAB agree on their total current ERUs as of March 20, 2019. MOAB acknowledges that the DISTRICT calculated design capacity is One Thousand Nine Hundred Eighty Two (1982) connections at full build out. Article 6. Fees and Charges. 6.1 Fees and Charges. DISTRICT agrees to pay to MOAB the duly adopted Monthly Rate or Service Charge for the DISTRICT and its Customers. It is understood and agreed by DISTRICT that the charges do not include unanticipated or emergency capital repairs to the MOAB Wastewater System and that the charges set forth herein are subject to periodic adjustments as provided herein for both Monthly Rates and Impact Fees. All fees, costs of services and establishment of rates to be charged by MOAB for the services provided to DISTRICT shall be based upon the most recent Moab Wastewater Monthly Rate Study and Impact Fee Study. 62 Impact Fees. MOAB has adopted Impact Fees for all Users including DISTRICT and any new Customers in their Service Area. The DISTRICT agrees that it will act as MOAB's agent to collect the Impact Fees from those Customers connecting to DISTRICT Wastewater System. The costs of the Impact Fee Studies shall be included in the calculation of an allowable Impact Fee. The DISTRICT shall collect and remit Impact Fees in accordance with the currently approved Impact Fee study at the time of Building Permit of each new Customer. The Impact Fees shall be collected by the DISTRICT and remanded to the City every thirty days for each and every new connection to the DISTRICT Wastewater System. Additionally, DISTRICT understands and agrees that MOAB may also impose Impact Fees for all additional ERUs of new or additional facilities. The DISTRICT hereby specifically agrees that if it fails to collect an Impact Fee from one of its Customers the DISTRICT shall be responsible to pay to MOAB the amount of the uncollected Impact Fee to MOAB as if the DISTRICT had actually collected the fee from its Customer. 63 Periodic Rate Study and Impact Fee Studies. MOAB hereby agrees that it will undertake a Monthly Rate Study and Impact Fees study on a Periodic Basis to ensure that costs are appropriately distributed to Users. MOAB agrees that the DISTRICT will have the 8 opportunity to review and comment on the methodology and results of any such studies. MOAB will notify Users including the DISTRICT three (3) months before the commencement of the Studies. MOAB will provide studies consistent with the Impact Fees Act. MOAB agrees to provide the DISTRICT sufficient budgetary information necessary to explain the MOAB Wastewater System revenues and expenditures, fees charges, and how the fees were developed. DISTRICT shall have the opportunity to review and provide comment on the budgetary information and reports (including Monthly Rate Study and Impact Fees Study) used to develop such fees. 6.4 Other Fees and Charges. DISTRICT agrees to pay to MOAB costs of operation, maintenance, repair and capital charges that are not covered by any Impact Fee (based on actual costs) or other payment to MOAB by DISTRICT as set forth in this Agreement. It is understood and agreed by the parties that the charges to DISTRICT do not include unanticipated or emergency capital repairs to the MOAB Wastewater System and that the charges herein may be subject to annual adjustment as provided in thisAgreement. 65 Cooperation. MOAB and DISTRICT acknowledge that with the anticipated length of the term of this Agreement it is difficult to know and anticipate all types of issues or costs for the operation of the MOAB Wastewater Systems; both the DISTRICT and MOAB will collaborate and cooperate on funding that may necessary to meet compliance, operation or treatment in the future. Article 7. Billing and Payment 7.1 Monthly Rate and Fees. On or before the 28th_ day of each month, DISTRICT shall remit payment for all appropriate billed Service Charges. Such a bill shall become due and payable within thirty (30) days from the billing date. Any balance remaining unpaid thirty (30) days from the date the billing is received by DISTRICT shall be considered delinquent and accrue a surcharge for delinquency based on current lawful MOAB policies. DISTRICT shall note any new DISTRICT Customers each month. 72 Impact Fees. On or before the 28' day of each month, the DISTRICT shall remit payment with addresses for all Impact Fees collected. Such a bill shall become due and payable within thirty (30) days from the billing date. Any balance remaining unpaid thirty (30) days from the date issued shall be considered delinquent and accrue a surcharge for delinquency based on current City policies. The report will include new Customer type (i.e. gas station, restaurant, and single family residence), name, address and number of ERUs and fee. 73 Billing Disputes. Any disputes on billing shall be presented to the other party in writing. MOAB and DISTRICT agree to attempt in good faith to resolve billing disputes. The resolution shall be paid within two (2) weeks of resolution of the dispute. 9 Article 8. Pretreatment Program 8.1 Pretreatment Program. It is agreed and understood that MOAB intends to adopt a Pretreatment Program. MOAB and DISTRICT agree to work cooperatively to have the Pretreatment Program approved by DWQ to insure MOAB Wastewater System performance and regulatory compliance. MOAB will require all Users to meet, at a minimum, the federal, state and local requirements for Pre -Treatment. MOAB agrees and understands that the intent of the Pretreatment Program is to protect the wastewater systems and plant and not to limit commerce. MOAB agrees that prior to adopting or amending the Pretreatment Program that it will allow reasonable input from Users including the DISTRICT. It is hereby agreed and understood that the Pre-treatment Program is subject to updates and changes as required to meet MOAB's Discharge Permit or changes at the state or federal level. DISTRICT agrees to adopt policies that perpetually implement and enforce the Pre -Treatment Program. 82 Pre -Treatment Permit. The parties recognize that there are corrosives and other chemical concentrations that will cause significant difficulty for the plant to operate. The Pre - Treatment Permit will define these chemicals and reasonable limitations. Some limitations may require DISTRICT Customers to perform Pre -Treatment. All costs of the Pre -Treatment for the DISTRICT Customers in compliance with this paragraph shall be the responsibility of the DISTRICT, but may be passed on to the responsible DISTRICT customer. All non-residential uses which may affect the influent and thereby MOAB's ability to process sewage will be required to maintain a Pre -Treatment Permit from MOAB. The terms and provisions of the Pre -Treatment Permit issued on an annual basis by MOAB to DISTRICT's commercial, industrial or manufacturing Customers shall be within the requirements of the Pre -Treatment Program as adopted. The DISTRICT agrees to be responsible to adopt a Resolution providing for the enforcement of the Pre - Treatment Permit compliance of their Customers and shall work with MOAB to ensure timely compliance. The enforcement shall incorporate typical methods including but not limited to interruption of water service. The DISTRICT will comply with whatever the MOAB defines as this enforcement process in the accepted Pre -Treatment Regulations and in accordance with this Agreement. The Pre -Treatment requirements may be implemented by MOAB regardless of the total flows of wastewater through the MOAB Wastewater System. Article 9. Monitoring, Sampling, and Measurement of Wastewater 9.1 Flow Measurement and Recording. DISTRICT agrees to maintain an automatic flow measuring and recording system for the purpose of accurately measuring the flow from its Wastewater System at one existing location at or near the San Juan Grand County boundary as shown on Exhibit 2. MOAB and DISTRICT agree to the joint use of the automatic flow measuring and recording system but DISTRICT agrees to maintain the flow measuring and recording system. DISTRICT may be permitted to add a new connection point with the review and reasonable approval of the system receiving the connection. 10 92 SCADA. DISTRICT shall cooperate with and assist MOAB in connecting a Supervisory Control and Data Acquisition (SCADA) system to the DISTRICT measuring and recording system. MOAB and DISTRICT shall cooperate in the maintenance and operation of shared Project Instrumentation and Controls including SCADA system components within DISTRICT at three metered locations, or others as necessary to assist with the control, monitoring and metering of DISTRICT's wastewater influent. The SCADA system will have remote read capability which will be available instantaneously in real-time. Respecting the SCADA system only, MOAB shall pay for telemetry and DISTRICT shall pay all other costs. 93 Inspection and Calibration. DISTRICT shall be responsible for the inspection, testing, and calibration of flow measuring devices at the meter locations. Each flow measuring device shall be calibrated annually and DISTRICT shall share results of the calibration of the measuring devices with MOAB. 9.4 Disruption of Service. If an emergency interruption of wastewater service becomes necessary or occurs through a natural disaster, DISTRICT and MOAB agree that it is in the best interest of both parties to work cooperatively to determine a satisfactory response plan to best accommodate the needs of both parties and their Customers. Upon execution of this Agreement, the parties' operational staffs will develop emergency operational protocols to address such an event, should it occur. 95 Testing and Sampling. To ensure that wastewater flows from DISTRICT are in compliance with applicable federal, state and local requirements, DISTRICT will provide MOAB reasonable access to its Wastewater System to perform testing at the Connection Points identified in Section 9.1 above. MOAB shall perform all testing and sampling of wastewater and determine the type of tests to be performed, the frequency of sampling, limits for test compliance, sampling methods, and points of sampling. These parameters may be subject to change from time to time at MOAB's reasonable discretion. At a minimum, annual sampling will be performed. The cost of the testing will be considered operational costs in all Rate Studies. If MOAB's testing determines that there are compliance issues with the DISTRICT'S Influent, MOAB will assist DISTRICT to identify the specific issue and the source of the same. DISTRICT may request testing at the Treatment Plant or elsewhere in MOAB's Wastewater System for comparable results related to DISTRICT's Wastewater System and MOAB will implement any such reasonable request and will actively assist DISTRICT in the conduct of such testing. Article 10. Wastewater Reuse. Any reuse of treated effluent by either party will be governed by the Wastewater Reuse Act, Title 73, Chapter 3c, of the Utah Code. The parties agree reasonably to cooperate with each other in effectuating the reuse of treated effluent discharged from any Treatment Plant operated by MOAB, provided that such cooperation shall be without cost, loss, liability or risk to the party that is asked to cooperate with the other party's reuse project unless the cooperating party voluntarily agrees otherwise. 11 Article 11. Planning for Service Areas. The service area for this Agreement will include all wastewater services for the entire MOAB City limits as well as the entire Spanish Valley Water and Sewer Improvement District service area as shown in Exhibit 3. This Agreement anticipates that the MOAB or DISTRICT may desire to incorporate a portion of San Juan County into the Wastewater Treatment Plant service area. MOAB will review and consider an application by any User for changes in the Treatment Service area. Article 12. Planning for Future Agreements. Parties anticipate that planning for additional capacity beyond the current planned capacity will begin at the point at which eighty-five (85%) percent of available capacity is being utilized in the Treatment Plant. The rate of new development may impact the timing for the development of the next phase (i.e. if development and growth are occurring at a more rapid pace than anticipated, the design and construction of additional capacity may be initiated at 80% of capacity). Article 13. Uniform Sewer Standards. Within six months after the Effective Date of this Agreement, MOAB and DISTRICT will begin a process to develop and approve, (through the MOAB City Council and the DISTRICT Board of Trustees), the joint standards for Collection as well as MOAB's standards and requirements for wastewater treatment. This process shall be completed within one year after the Effective Date of this Agreement. Both parties agree to implement and enforce these standards and requirements with all Customers in their respective jurisdictions. Article 14. Allocation of Capacity. Treatment plant capacity shall be allocated on a first -come, first served basis for all Users, and will be calculated based upon Equivalent Residential Units (ERUs). Article 15. Responsibilities of MOAB 15.1 MOAB Responsibilities. MOAB agrees to receive and treat DISTRICT wastewater in accordance with the provisions of this Agreement and in compliance with all applicable existing or future laws, rules, regulations, ordinances, water quality standards, orders and decrees of any governmental authority having jurisdiction over the treatment and disposal of said wastewater. In the event that future regulatory changes require a greater degree of treatment, MOAB shall comply with such requirements. The cost associated with performing a higher degree of treatment because of a change in state of Utah requirements may be incorporated in the cost of services (Monthly Rates) and Impact Fees as stated herein and, if necessary, DISTRICT may be assessed an adjusted rate for wastewater disposal based on the results of the cost of services modifications. 12 152 Operation. MOAB shall operate, maintain and repair the MOAB Wastewater System in compliance with all applicable local, state and federal laws, rules and regulations. 153 Regulatory Permits. MOAB shall collaborate and cooperate with DISTRICT on applications and permits required from any Health Department, DWQ, federal EPA, or any other applicable regulatory agency as necessary or appropriate for the operation or of the Treatment Plant. 15.4 Ownership. MOAB shall own all interconnection Wastewater facilities from the Connection Points to the MOAB Wastewater Treatment Plant. 155 Maintenance. MOAB shall be responsible for any and all maintenance and repair of MOAB'S Treatment Plant and the MOAB Wastewater System. 15.6 Determination of Available Capacity. MOAB's Treatment Plant is MOAB City's asset and facility. It is agreed and understood that MOAB has the authority to determine if the MOAB Treatment Plant has available capacity and if Pre -Treatment requirements are necessary for the acceptance of new flows into the MOAB Wastewater Treatment Plant. This review shall occur during the DISTRICT's plan review process for all new developments outside of MOAB. During this process, MOAB shall require and the DISTRICT agrees to provide to MOAB information to ensure that all activities of the development shall meet the MOAB Discharge Permit requirements. The DISTRICT agrees that no new non-residential connections will be approved without first being reviewed and signed off with MOAB's agreement so that there is available capacity and what, if any, are the Pre -Treatment requirements. This will be provided in a written "will serve" letter. When there is available capacity under 85%, MOAB will review residential developments over 50 units and all non-residential projects; if the MOAB Treatment Plant is at 90% capacity or above, all residential projects over 10 units and all non-residential uses will be reviewed; at 95%capacity, all new connections will be reviewed for available capacity and Pre -Treatment requirements. The Current Treatment Plant is at 95% capacity and the DISTRICT hereby acknowledges and agrees that all new connections to the Treatment Plant will be subject to review and approval by MOAB prior to connection the system. The percent of capacity will be determined based on least available capacity (at the time of this Agreement, February and March). MOAB and DISTRICT will cooperate to make these new approvals equitable and timely. Article 16. Responsibilities of DISTRICT. 16.1 DISTRICT Responsibilities. DISTRICT is responsible for all design, engineering, and construction costs to convey Wastewater from the DISTRICT's service area to the CarectlonPoiri(s) 13 , including the construction and installation of any necessary pipes and facilities to the Connection Point(s). Attached hereto as Exhibit 2 is a diagram of the existing configuration and location of the Connection Point(s), which may be modified as mutually agreed by the parties. 16.2 Interconnect Lines. DISTRICT shall maintain the lines up to the interconnect point of each of the three existing connections. DISTRICT shall, at its cost, be responsible for the ownership, operation, and maintenance of these lines to each Connection Point and be responsible for the Wastewater System upstream of the Connection Points. 163 Compliance. DISTRICT shall operate, maintain and repair the DISTRICT's Wastewater System in accordance with applicable local, state and federal requirements. 16A Pre -Treatment Program. DISTRICT is responsible for enforcing any DWQ approved Pre - Treatment Program upon its Customers. 165 Collection of Fees. DISTRICT will collect rates and fees due to MOAB directly from their Customers. The DISTRICT is responsible to remit all funds due and the DISTRICT is responsible to collect any unpaid DISTRICT Customer fees owed to MOAB. 16.6 Cooperation. DISTRICT shall collaborate and cooperate with MOAB on applications and permits required from any Health Department, Department of Environmental Quality, DWQ or EPA, or any other applicable regulatory agency, as necessary for the operation of the MOAB Wastewater Treatment Plant. Article 17. Control and Ownership of Wastewater System 17.1 Respective Systems. MOAB and DISTRICT shall control, own, operate and maintain their respective Wastewater Collection Systems. 17.2 MOAB Wastewater System. Except as otherwise provided in this Agreement, DISTRICT shall have no ownership rights in, to or over the MOAB Wastewater System nor shall it have any rights to control or operate such System. 17.3 DISTRICT Wastewater System. Except as otherwise provided in this Agreement, MOAB shall have no ownership rights in, to or over the DISTRICT Wastewater System nor shall it have any rights to control or operate such System. 17.4 Management of MOAB System. Except as otherwise provided in this Agreement, DISTRICT shall have no right to participate in the management and operation of the MOAB Wastewater System. 14 17.5 Management of DISTRICT System. Except as otherwise provided in this Agreement, MOAB shall have no right to participate in the management and operation of the DISTRICT Wastewater System. Article 18. Enforcement of Regulation of Wastewater Discharge Requirements. 18.1 Prohibited Wastewater. If DISTRICT discharges prohibited wastewater (as defined by the Wastewater Permit) into the MOAB Wastewater System, the entities shall cooperate in taking forthright action to eliminate the prohibited flow. Both parties agree that, depending upon the seriousness of the harm being done or the potential for harm to be done to the MOAB Wastewater System or to the health or safety of the public, or to the environment, and with notice to DISTRICT, MOAB may temporarily suspend taking the specific flow containing prohibited wastewater, and service to the offending DISTRICT Customer, if such Customer can be identified, may be disconnected until a resolution of the problem flow is achieved. MOAB agrees to take equivalent steps if MOAB has a Customer who is sending prohibited wastewater to the MOAB Treatment Plant. 182 Possible Surcharge. If DISTRICT delivers Wastewater to the MOAB Wastewater System that exceeds the Wastewater Permit, MOAB may impose a surcharge to the DISTRICT. DISTRICT agrees to pay the surcharge regardless of whether it collects such amount from the offending Customer. Article 19. General Provisions. 19.1 Authority. MOAB and DISTRICT are authorized to enter into this Agreement under the laws of the state of Utah pursuant to the Interlocal Cooperation Act, Utah Code Annotated §§ 11-13-1, et seq. They also have statutory authority to enter into this Agreement separate and apart from the Interlocal Cooperation Act. It is the intent of the parties, should any part or provision of this Agreement not comport with requirements of the Interlocal Cooperation Act, that such part or provision nonetheless be binding and enforceable to the maximum extent allowed by law other than the Act. 192 Cooperation. MOAB and DISTRICT agree to work cooperatively in the enforcement of their respective sewer use ordinances and resolutions and all applicable local, state and/or federal laws. 19.3 Corrective Action. If MOAB reasonably determines that the characteristic of the DISTRICT's wastewater flows cause or contribute to the degradation of the MOAB Wastewater System, despite the parties compliance with developed operation, monitoring and maintenance schedules, all applicable permits, sewer use ordinances and resolutions, and applicable pretreatment requirements (if any), MOAB shall notify DISTRICT in writing and shall establish not less than thirty (30) days for DISTRICT to initiate any needed corrective action, which may include investigation, testing and/or inspection. IF DISTRICT fails to act in good faith to initiate a cure within thirty (30) days after receiving the notice and to 15 correct the noncompliant characteristic within thirty (30) days thereafter, MOAB may take corrective action and assess the reasonable cost of the action to DISTRICT. MOAB shall take quick action to cure any degradation that occurs in the MOAB Wastewater System due to any MOAB Customer or otherwise. 19A State and Federal Jurisdiction. This Agreement is subject to the lawful rules, regulations, decisions, orders or directives of the U.S. Environmental Protection Agency (EPA) and of any agency of the state and/or federal government with jurisdiction over the parties or the subject matter of this Agreement. 195 Right to Discharge. DISTRICT shall have the right to discharge into the MOAB Wastewater System domestic, commercial, and industrial wastewater as long as DISTRICT complies with the provisions of this Agreement, applicable law, and any applicable permit. Article 20. Disputes and Remedies. 20.1 Scope of Dispute Resolution. The parties acknowledge that disputes regarding the interpretation or application of this Agreement may arise from time to time and agree that, subject to other provisions of this Agreement, each party shall attempt to resolve such disputes according to the provisions of this Article, unless otherwise provided in this Agreement. The parties do not intend to limit the type of disputes or disagreements arising under this Agreement which may be submitted to the dispute resolution procedures as set forth herein. 202 Request for Clarification. In the event of an issue or question by either party regarding any aspect of this Agreement, both parties shall attempt in good faith to resolve that issue or answer that question amicably before proceeding to the remedies set forth in this Article. Such resolution effort shall include communication between the parties outlining the particular issues, proposing solutions, and any other action necessary to resolve the dispute. The parties agree that a request for clarification and any response thereto should be completed no later than thirty (30) calendar days after the request for the clarification is made. 203 Negotiation. When a disagreement or dispute arises over the interpretation or application of any provision of this Agreement, and such dispute does not constitute an event of default, the parties will each direct staff members as they deem appropriate to meet at a mutually convenient time and place to attempt to resolve the disagreement or dispute through negotiation. 20A Mediation. When the parties to this Agreement are unable to resolve any dispute, claim or counterclaim, or are unable to negotiate an acceptable interpretation or application of any provision of this Agreement, the parties may mutually agree in writing to seek relief by submitting their respective grievances to mediation. If mediation generates costs, the 16 costs will be shared equally between MOAB and DISTRICT and are not considered to be operational costs. 205 Court. If the parties are unable to resolve any dispute, claim or counterclaim through any of the other methods contained herein, they may take the issue(s) to the State District Court in Moab, Utah as allowed by law. Article 21. Indemnification. Indemnification. Provided that nothing in this Agreement shall constitute or be construed as a waiver of any governmental immunity provided to either party under the Governmental Immunity Act of Utah, Title 63G, Chapter 7, of the Utah Code, to the greatest extent allowed by law, each party shall indemnify and hold the other party harmless from and against any and all claims, costs, charges and expenses including, without limitation, attorney's fees, expert witness fees, costs and disbursements which may be imposed against MOAB or DISTRICT by any of the following occurring during the term of the Agreement: 21.1 Any negligent or tortious act, error or omission of the indemnifying party, or any of its personnel, employees, subcontractors, or consultants, in the construction, operation or maintenance of the indemnifying party's Wastewater System; or 21.2 Any failure by the indemnifying party, or any of its personnel, employees, subcontractors or consultants, to perform its obligations, either express or implied, under this Agreement or any negligent or tortious act, error or omission of the indemnifying party, its personnel, employees, consultants or subcontractors related to this Agreement. Article 22. Compliance with Applicable Laws. DISTRICT and MOAB, respectively, shall adopt, maintain and enforce the following within their respective service areas in such a manner as at all times to comply with applicable requirements of the Clean Water Act of 1972 and any further or supplementary amendments thereto: 22.1 Charges. A system of charges to ensure that DISTRICT and MOAB, respectively, are each able to pay its proportionate share of the cost of operation, maintenance, expansion, rehabilitation, and improvement of the MOAB Wastewater System. 222 Sewer Use Regulations. A resolution or ordinance related to sewer use containing provisions that are, at a minimum, as stringent as provisions appearing in the current MOAB Municipal Code, provided that such provisions are lawful and of uniform application. 223 Outside Use. DISTRICT shall not knowingly allow any user from outside its service area to discharge Wastewater into its Sewer System without the prior written approval of MOAB. 17 Article 23. Miscellaneous Provisions. 23.1 No Waiver. The failure of either party to this Agreement to insist upon strict compliance with any provision of this Agreement shall not constitute a waiver by said party of its right thereafter to enforce any such provision or any other provision of the Agreement. 23.2 Changes in Law. Unless clearly stated to the contrary, any provision of this Agreement which refers to a federal, state or local law, rule, regulation, standard or industryguideline, shall be construed to refer to the most current applicable version of the same so as to ensure that the requirements of this Agreement are consistent at all times with the currently applicable requirements and standards. In the event of a conflict between this Agreement and any applicable state or federal law, rule or regulation, the law, rule or regulation shall control. 23.3 Non -assignable Agreement. Both parties may assign any right under this Agreement with the written consent of the other party, and any unauthorized purported assignment shall be null and void. 23.4 Interpretation of Agreement. This Agreement, or any portion thereof, shall not be interpreted by a court of law to the detriment of a party based solely upon that party's authorship of the Agreement or any provision herein. Each party has been involved in the drafting and preparation of this Agreement and it is hereby expressly agreed that any uncertainty or ambiguity contained herein shall not be construed for or against either party. Each party has had the opportunity to be represented by legal counsel of its choice in negotiating this Agreement. This Agreement shall be deemed to have been negotiated and prepared at the joint request, direction and construction of the parties, at arm's length, with the advice and participation of counsel, and will be interpreted in accordance with its terms without favor to or disfavor against either party. 23.5 Governing Law. Except as expressly stated herein, this Agreement shall be made pursuant to and shall be construed in accordance with the laws of the state of Utah. 23.6 Relationship of Parties. Neither the execution nor delivery of this Agreement nor actions to complete this Agreement shall create or constitute a partnership, joint venture, joint enterprise or any other form of business organization or arrangement between the parties, except for the contractual arrangements specifically set forth herein. Except as set forth herein, no party, or any of its agents, officers or employees, has any power to assume or create any obligation on behalf of the other party. Neither party is nor shall be the legal representative or agent of the other party for any purpose and a party shall have no power to assume or create, in writing or otherwise, any obligation or responsibility of any kind, expressed or implied, in the name or on behalf of the other party, and neither party shall have any obligation with respect to the other party's debts or other liabilities. 18 23.7 Modification or Amendment to Agreement. Except as provided herein, this Agreement shall not be modified, amended or altered except upon the written agreement of MOAB and DISTRICT, duly executed and adopted by the MOAB City Council and the DISTRICT Board of Trustees. 23.8 Modification/Amendment of Ordinances/Rules and or Standards. Whenever either party intends to amend its sewer use ordinance or resolution and/or any rules or regulations related to the operation of its Wastewater System that may affect the other party, except as otherwise specifically provided herein, such party shall notify the other party in writing and provide a sixty-day (60) review and comment period. 23.9 No Rights to Third Parties. This Agreement is between MOAB and DISTRICT only and creates no rights in or to third parties as beneficiaries under this Agreement. Nothing in this Agreement is intended or shall be construed to confer upon or give to any person or entity, other than the parties hereto, any right, remedy or claim under or by reason of this Agreement. All covenants, terms, conditions, and provisions in this Agreement shall be for the sole and exclusive benefit of the parties. Nothing in this Agreement is intended to interfere with any agreement of any party with any third party. 23.10 Severability In the event that any provision of this Agreement is determined and adjudged to be unconstitutional, invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the parties hereto shall negotiate in good faith and agree to such amendments or modifications of or to this Agreement or other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties hereto. 23.11 Headings and Captions. Headings and captions contained in this Agreement are for convenience only and are not intended to alter any provision of the Agreement. 23.12 Entire Agreement. The terms, covenants, conditions, and provisions of this Agreement, including the present and all future attachments, shall constitute the entire agreement between the parties hereto, superseding all prior agreements and negotiations. This Agreement shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties hereto. 23.13 Notice. Any notice required or permitted under the provisions of this Agreement shall be in writing, and be sufficiently given if delivered in person or sent by U.S. Mail, postage prepaid, addressed as follows: If DISTRICT: Board Chair San Juan Spanish Valley Special Service District P.O. Box 9 Monticello, UT 84535 19 If MOAB: Mayor Moab City 217 E. Center Street Moab, UT 84532 23.14 Counterparts. This Agreement may be executed in as many counterparts as the parties deem necessary and each counterpart, so executed, shall be considered one and the same instrument. 23.15 Force Maieure. By reason of Force Majeure, if any party shall be rendered partially or wholly unable to carry out its obligations under this Agreement, and if such party shall give notice in writing of the full particulars of Force Majeure to the other party immediately after discovery of the occurrence of the event or cause relied upon, the obligation of the party giving such notice, so far as it is affected by such Force Majeure, with the exception of any obligation of DISTRICT to pay for services actually received from MOAB hereunder, shall be suspended during the continuance of the inability then claimed, and such party shall use its best efforts to remove or overcome such inability with all reasonable dispatch. 23.16 Remedies. All remedies provided in this Agreement are distinct and cumulative to any other right or remedy under this Agreement or afforded by law or equity, and may be exercised concurrently, independently or successively. 23.17 Consent. Whenever a party's consent is required under this Agreement, such consent shall not unreasonably be withheld. 23.18 Recitals. The recitals appearing at the beginning of this Agreement are incorporated by reference as part of this Agreement. 23.19 Personnel and Equipment. Each party, to the extent needed, shall supply at its own cost all personnel, equipment, supplies, and materials necessary to perform its obligations and intended actions as set forth in this Agreement. 23.20 Financing. The primary financial aspects of this Agreement are specified in Articles 5, 6 and 7. Each party will be responsible for maintaining its own financial budget for both income and expenditures arising under this Agreement. 23.21 Personnel Status. MOAB and DISTRICT employees providing services pursuant to or consistent with the terms of this Agreement are solely the officers, agents or employees of the employing party. Each party shall assume any and all liability for the payment of salaries, wages, and other compensation due or claimed to be due to its employees, including worker's compensation claims, and each party shall defend, indemnify and hold the other party harmless there from. MOAB shall not be liable for compensation or 20 indemnity to any DISTRICT employee and DISTRICT shall not be liable for compensation or indemnity to any MOAB employee for any injury or sickness arising out of their employment, and each party hereby agrees to defend, indemnify and hold the other party harmless against any such claim. Article 24. MOAB Wastewater Advisory Board. 24.1 MOAB agrees to create a Wastewater Advisory Board with the DISTRICT. The Wastewater Advisory Board will consist of two (2) members as appointed by the MOAB City Council and two (2) members as appointed by the DISTRICT Board. Members will rotate in three (3) year appointments. In addition, if in the future MOAB provides regional wastewater services to additional regional Users, members from each respective regional customer community may be added to the MOAB Wastewater Advisory Board. The Board may elect a chairperson and a vice -chairperson from amongst its members. The Board shall meet at least twice a year and may meet more often on an as -needed basis at the call of the chairperson. 242 The Advisory Board may provide non -binding recommendations to MOAB in areas concerning MOAB Wastewater System operations, budgets, improvements, policies, permits, and procedures. Article 25. INTERLOCAL COOPERATION ACT. 25.1 Statutory Requirements. In satisfaction of the requirements of the Interlocal Cooperation Act in connection with this Agreement, the parties agree as follows: A. This Agreement shall be authorized and adopted by resolution of the legislative body of each party, pursuant to and in accordance with the provisions of Section 11-13-202.5 of the Interlocal Cooperation Act; B. This Agreement has been reviewed as to proper form and compliance with applicable law by a duly authorized attorney on behalf of each party pursuant to and in accordance with Section 11-13-202.5(3) of the Interlocal Cooperation Act; C. A duly executed original counterpart of this Agreement shall be filed immediately with the keeper of records of each party pursuant to Section 11-13-209 of the Interlocal Cooperation Act; and D. The Mayor of MOAB and Chairman of the DISTRICT Board of Trustees are hereby designated as joint -administrators for all purposes of the Interlocal Cooperation Act, pursuant to Utah Code Ann. § 11-13-207 of the Interlocal Cooperation Act, with all powers conferred upon them by law. To the extent necessary, voting will be based upon one vote per party, pursuant to Utah Code Ann. § 11-13-206(1)(g). 21 IN WITNESS WHEREOF, the parties have authorized this Agreement to be executed and attested by their undersigned officers. MOAB CITY, UTAH ATTEST: Mayor City Recorder SAN JUAN SPANISH VALLEY SPECIAL SERVICE DISTRICT Chairperson 7dministrator Pew, Exhibits to This Agreement Exhibit 1- Moab Sewer Impact Fee Schedule Exhibit 2- Metering Stations and Connection Points Exhibit 3- Spanish Valley Water and Sewer Improvement District Service Area Boundary 22 EXHIBIT #1 ORDINANCE #2018-08 AN ORDINANCE AMENDING CHAPTER 13.25 OF THE CITY OF MOAB MUNICIPAL CODE WITH A SCHEDULE ADJUSTMENT FOR THE SEWER IMPACT FEE WHEREAS, the City Council ("Council') adopted the Moab Municipal Code ("Code") and especially Chapter 13.25, Water and Sewer Impact Fees, to establish impact fees for new development; and, WHEREAS, the Utah Impact Fees Act mandates that municipalities establish ordinances and procedures for the equitable apportionment of costs for municipal capital improvements; and, WHEREAS, the City of Moab has completed a Sewer Impact Fee Facilities Plan and a Sewer Impact Fee Analysis in accordance with Utah Code Annotated, 11-36a-306(2); and, WHEREAS, the existing fees have been in place for one year and there are SCHEDULE adjustments that can be made to clarify and simplify Sewer Impact Fee administration; and, WHEREAS, the City of Moab has determined a schedule adjustment to the Impact Fees of a different amount than currently in effect; and, WHEREAS, Council reviewed Ordinance #2018-08 in a regularly scheduled meeting held on May 22, 2018, to hear and discuss the merits of the proposed changes to the Code, Chapter 13.25, Water and Sewer Impact Fees; and, WHEREAS, Council, in a duly advertised public hearing held on May 8, 2018, did hear public testimony and determine the merits of the changes to the Code, Chapter 13.25, Water and Sewer Impact Fees; and, WHEREAS, Council found that the changes benefit the residents of Moab. NOW, THEREFORE, the Moab City Council hereby amends specific sections of Chapter 13.25, Water and Sewer Impact Fees, and amends the language as noted below: Chapter 13.25 WATER AND SEWER IMPACT FEES Section 13.25.060: Calculation of Impact Fees A. Sewer impact fees shall be calculated per Equivalent Residential Unit (ERU). 1. Residential sewer impact fees shall be calculated at one thousand five hundred sixty six dollars per Single Family Residence, and other permanent, ovemight accommodations calculated per ERU pursuant to the following "Sewer Impact Fee Schedule - City of Moab" table. Page 1 of 3 2. Sewer impact fees for business and commercial uses shall be calculated at one thousand five hundred sixty six dollars per ERU pursuant to the following "Sewer Impact Fee Schedule - City of Moab" table. Sewer Impact Fee Schedule - City of Moab Customer Type Units Minimum Fes Allowable Units Under Minimum Fee Fee per Additional Unit Above Minimum Permanent Residential Single Family Residence $1,566 1 Resdence 51,566/Residence Multifamily, 2 Bedrooms or Larger Unit $3,132 2 Units 81,566/Unit Multifamily, 1 Bedroom or Smaller Unit $1,754 2 Units $877/Unit Overnight Accommodations Per Unit with Kitchen, 2 Bedrooms or Larger Unit $1,879 1 Unit $1,879/Unit Per Unit with Kitchen, 1 Bedroom or Smaller Unit $1,566 1 Unit 81,566/Unit Hotel/Motel (No Kitchen) Unit $2,452 2 Units 51,226/Unit Other Auto Repair 1,000 ft2 $1,768 7,000 ft' $253/1,000 ft' Bakery 1,000 fta $1,793 500 IP $3,585/1,000 ft" Bank 1,000 ft' $1,566 2,000 ft' 5783/1,000 ft' Beauty/Barber Shop Chair $1,566 4 Chairs 8392/Chair Campground Campsite $2,463 2 Campsites $1,231/Campsite Car Wash - Auto Each $12,575 1Each $12,575/Each Car Wash -Wand Wand 86,288 1 Wand 86,288/Wand Commercial 1,000 ft' $1,687 7,000 fta $241/1,000 ft' Dry Cleaner 1,000 ft' $1,574 2,000 ft' 8787/1,000 ft' Fast Food 1,000 If $2,825 500 ft' $5,650/1,000 ft' Gas Station/Convenience Store 1,000 ft' $1,740 4,000 ft' $435/1,000 ft' Grocery Store 1,000 fta $2,021 4,000 ft' $505/1,000 ft' Laundromat Washer 81,767 2 Washers $884iWasher Office 1,000 ft' $1,566 4,060 ft' $392/1,000 ft' Restaurant Seat $2,650 12 Seats $221/Seat Retail 1,000 fit $1,687 7,000 ft" $241/1,000 ft' Schools Students $1,566 15 Students $104/Students Theater Seat $1,620 150 Seats $11/Seat Warehouse 1,000 ft' $1,649 10,000 ft' $165/1,000 ft' B. Sewer impact fees for development with the Spanish Valley Water and Sewer Improvement District, the Grand Water and Sewer Service Agency, or any other service agency outside of the City of Moab service area shall be as provided by interlocal agreement by the service agency and the City, and shall be calculated per equivalent residential unit (ERU). 1. Residential sewer impact fees for connections in other service agencies outside the City of Moab service area shall be calculated at one thousand three hundred sixty one dollars per Single Family Residence, and other permanent and overnight accommodations calculated per ERU pursuant to the following "Sewer Impact Fee Schedule - Other Agencies" table. 2. Sewer impact fees for business and commercial uses in other service agencies outside the City of Moab service area shall be calculated at one thousand three hundred sixty one dollars per ERU pursuant to the following "Sewer Impact Fee Schedule - Other Agencies" table. Page 2 of 3 Sewer Impact Fee Schedule - Other Agencies Customer Type Units Minimum Fee Allowable Units Under Minimum Fee Fee per Additional Unit Above Minimum Permanent Residential Single Family Residence $1,361 1 Residence $1,361/Residence Multifamily, 2 Bedrooms or Larger Unit $2,721 2 Units $1,361/Unit Multifamily, 1 Bedroom or Smaller Unit $1,524 2 Units $762IUnit Overnight Accommodations Per Unit with Kitchen, 2 Bedrooms or Larger Unit $1,633 1 Unit $1,633/Unit Per Unit with Kitchen, 1 Bedroom or Smaller Unit $1,361 1 Unit $1,361/Unit Hotel/Motel (No Kitchen) Unit $2,130 2 Units $1,065/Unit Other Auto Repair 1,000 ft' $1,536 7,000 ft' $219/1,000 ft' Bakery 1,000ft $2,190 500 ft' $4,380/1,000 ft' Bank 1,000 ft $1,361 2,000 ft' $680/1,000 ft, Beauty/Barber Shop Chair $1,361 4Chairs $340/Chair Campground Campsite $2,139 2 Campsites $1,070/Campsite Car Wash -Auto Each $9,510 1 Each $9,510/Each Car Wash - Wand Wand $4,755 1 Wand $4,755/Wand Commercial 1,000 ft' $1,465 7,000 ft, $209/1,000 ft' Dry Cleaner 1,000 ft' $1.868 3,000 ft' $622/1,000 ft' Fast Food 1,000 ft' $2,724 500 ft' $5,447/1,000 ft' Gas Station/Convenience Store 1,000 ft' $1,512 4,000 ft' $378/1,000 ft' Grocery Store 1,000 ft' $1.756 4,000 ft' $439/1,000 ft' Laundromat Washer $1,320 2 Washers $660/Washer Office 1,000 ft' $1,361 4,000 ft• $340/1,000 ft' Restaurant Seat $2,704 12 Seats $225/Seat Retail 1,000 ft' $1,465 7,000 ft' $209/1,000 ft' Schools Students $1,361 15 Students $91/Students Theater Seat $1,407 150 Seats $9/Seat Warehouse 1,000 ft' $1,432 10,000 ft' $143/1,000 ft' -End of Amendment - This ordinance is effective upon adoption, and per the Utah Impact Fees Act the new amount of the Sewer Impact Fee will take effect July 1st,2018. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of the Moab City Council on May a 9,, 2018. SIG 1 D: Tawny ICnut=.on-oyd, Mayor Pro-Tem Rachel Stenta, Recorder Paee 3 of 3 Z ROZ:R,o na3 Hti I 9l-I I MW A7 ..,0 I 090t054 13ak,d :1u�nd uogsa,uoj We &�ua�an i�W�O C ud¢wa;�auuoO YSSM9 ufisa0:cuo9,xa�n YSSMfJ iiM1sa0.v,aln,d S19.0,.^'0.090f0;10.d Of. H dell* mauvano easy 031,vaS pue uouoauuoo VSSMJ lamas pue latent AatteA ysweds fuunoo uenC ues CISS ysiuedS uenr ueS woa alNwappuesauoPmmm BLlS BhL 009 air? to Omit) ata 6utde4s - 6u!laaui6u3 all!Wat7 sauor Z# LISIHX� a>le� suam pasodad spuei 1snul alelS ale/mud luawa6euew puei Jo neame dgsaaumo puei suopauuoj Jamas VSSM9 uoi1e15 6uualaW lamas VSSMJ _ AlNnoa Nvnr NdS AlN1100 CINVd0 peoa ssamv >Nel pasodad saun 9UeuilnD aSSASCS Pasodad sawn camas aSSASCS pasodad sawn JamaS HSSM' i 6ulsix] VSSMO 005' OgL o. aaa sl0LSZII W31se1 I s1-11 NNM1f rAum.O I 09D1051 Iaria,NPa.d AmP.nne ass riRn 4..45 Y-IMMO'.as'O,a>l18.51'D.6.0090-005111o4r,aru auery saw) 5'0 mawano ealvow/ties pue uog3auuop vss449 Jamas pue imeM "fallen ysmeds Aluno3 uenr ueS OSS ysiueds uenp ueS woa aipwappuesaudhmmm SLSS'BPL 009 - eln 10 Al9990 eta &KIWIS - 61.1!aaaup6u3 ailiyvaa 711 sauor E# ZISIHX.7 -0 _ s 'Vt^J a�le� Suay1 OSS A IIeA ssaood pasodoid pesodoud asodoid • ues yslued A I Nnoo NV111 NVS niNf103 ONdaJ spue-1 Isrul a}e;S alenud auawa6eueN punjo neamg diysiaunnp puei eaay aopua5 OSS uenC ueS - halleA ysluedS ` _ "1 peossamv luel pasodoid sawn /ueulln) GSSASCS pasodad saun iaMaS OSSASCS pasodad satin Jamas vssmo 6ugspg CITY OF MOAB RESOLUTION NO.28-2019 A RESOLUTION APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SAN JUAN SPANISH VALLEY SPECIAL SERVICES DISTRICT AND THE CITY OF MOAB The following findings describe the reasons for this resolution and explain its purpose: a. The City of Moab ("Moab") has determined that it is in the best interest of the community to enter into a cooperative agreement with San Juan Spanish Valley Special Services District (District) to provide sewer services for the portion of San Juan County in Spanish Valley. b. Moab, pursuant to Utah Code Ann. § 10-8-38, is authorized to acquire and operate systems for the collection, treatment and disposition of sewage (a "Wastewater System"). c. Moab has designed and constructed a new sewage treatment plant with increased capacity for the future (the "new Treatment Plant"). d. The new Moab Treatment Plant was designed to have additional capacity, compared to the Old Treatment Plant, for the conveyance and treatment of wastewater for Moab and other contracted Users. e. The District is in need of current and additional future treatment services and additional capacity for the treatment of wastewater. f. Moab intends to operate its New Treatment Plant as a regional facility and is willing to accept users. g. Moab and the District deem it to be in the public interest to enter into this Agreement whereby Moab will continue to receive and treat District wastewater. h. The attached agreement provides for the funding and coordination of such services. Now therefore, the City of Moab resolves to adopt the Agreement in substantially the form presented to this meeting of the City Council, and authorize the appropriate individuals to execute and deliver said Agreement. PASSED AND APPROVED by a majority of the City Council, this 23rd day of April, 2019. By: Emily S. Niehaus, Mayor Date Attest: By: Sommar Johnson, Recorder Date Moab City Council Agenda Item Meeting Date: April 23, 2019 Title: Resolution 30-2019 Authorizing the Mayor to Sign a Settlement Agreement Resolving All Claims by the Former City Manager Date Submitted: April 18, 2018 Presenters: Chris McAnany Attachment(s): - Resolution 30-2019 Suggested Motion: I move to approve Resolution 30-2o19. Background/Summary: The City is currently a party to litigation filed by the former City Manager. The City prevailed in that litigation before the Seventh Judicial District Court, and the matter is currently on appeal before the Utah Court of Appeals As a result of settlement negotiations between the counsel for the City and counsel for the Plaintiff, the parties have reached an agreement acceptable to the Plaintiff and former Mayor David Sakrison, and which would, if approved by the City, result in dismissal of the Appeal and release of all claims of any nature by Plaintiff as against the City and all City officials. If approved, any settlement would be paid entirely by the City's insurer. The settlement is not an admission of fault or wrongdoing by any party and is entered into solely to bring an end to litigation which has been pending since 2017. It is in the best interests of the City that the Appeal and all other potential claims by the Plaintiff be finally concluded. CITY OF MOAB RESOLUTION 30-2019 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A SETTLEMENT AGREEMENT RESOLVING ALL CLAIMS BY THE FORMER CITY MANAGER The following describes the intent and purpose of this resolution: a. The City of Moab ("City") is currently a party to litigation filed by the former City Manager ("Plaintiff') alleging various claims pertaining to the termination of the Plaintiff's employment. The City prevailed in that litigation before the Seventh Judicial District Court, and the matter is currently on appeal before the Utah Court of Appeals, Case No. 10900064- CA ("Appeal"). b. As a result of settlement negotiations between the counsel for the City and counsel for the Plaintiff, the parties have reached an agreement acceptable to the Plaintiff and former Mayor David Sakrison, and which would, if approved by the City, result in dismissal of the Appeal and release of all claims of any nature by Plaintiff as against the City and all City officials. c. If approved, any settlement would be paid entirely by the City's insurer. d. The settlement is not an admission of fault or wrongdoing by any party and is entered into solely to bring an end to litigation which has been pending since 2017. It is in the best interests of the City that the Appeal and all other potential claims by the Plaintiff be finally concluded. NOW THEREFORE, the City Council resolves as follows: The City authorizes the Mayor to sign and execute a settlement agreement and release providing for the dismissal of the Appeal, with prejudice, and the release by Plaintiff of all legal claims of any nature which the Plaintiff may assert as against the City, its officials and employees, and former Mayor David Sakrison. Any payment shall be made by the City's insurer and be made payable to the Plaintiff's attorney. Any payment under the agreement shall not exceed twenty- five thousand dollars ($25,000). This resolution takes effect immediately upon passage. PASSED AND ADOPTED by a majority of the City Council this 23rd day of April, 2019. By: Mayor Emily S. Niehaus Date Attest: Sommar Johnson, City Recorder Moab City Council Agenda Item Meeting Date: April 23, 2019 Title: Award of Collection Agency Services Proposal Date Submitted: April 15, 2019 Staff Presenter: Rachel Stenta, Finance Director Attachment(s): Proposal Scoring Summary Options: Approve, deny, or modify. Recommended Motion: I move to award the Collection Agency Services Proposal to Bonneville Collections and authorize the City Manager to enter into a collections contract once it has been approved by our legal department. Background/Summary: Previously we have not conducted a formal procurement process to secure the services of a Collection Agency. A Request for Proposals (RFP) was prepared and published and four proposals were received by the deadline. Attached is a scoring sheet that was used in assessing the proposals. The proposal is not included as it contains proprietary information. All four proposals are available in our offices for Council review. Staff reviewed and assessed all four proposals and recommends awarding the proposal to Bonneville Collections Agency and authorize the City Manager to enter into a contract once it has been approved by our legal department. Thanks and please let us know if you have any questions. Collection Agency Services Proposer: Overall Cumulative Scoring Possible Scoring (Ranking Scale) Firm/Staff How Many Collectors to C c ea it Policies and Procedures Years in operation Municipal Experience Geographic Territories 4 Automation Type of System Mechanized Payment Methods Online Access 4 4 4 Location Utah Experience Proposed Fee Flat, Percentage, etc. ai 0 c 0 (a as to a -0 ar Accounts Colle fa 0 I — ea 0 F- 0 N Local Vendor 52 Ln N Ts i+ 52 Utah Billing & Recovery Services 1 2 2 1 2 3 3 3 2 2 2 1 1 22 N 22 FCR Collection Services 2 3 2 2 2 4 1 1 3 0 1 2 2 24 N 24 Bonneville Collections 4 4 4 3 4 4 4 4 4 4 4 4 3 46 N 46 Professional Credit 3 4 4 4 2 4 4 4 1 1 2 1 4 34 N 34 0 N 0 0 N 0 0 N 0 Updated on: 4/15/2019 G:\Team Drives\Recorder General\Bids Current\2019\Collection Agency\Collection Agency - Screening.xlsx Moab City Recorder's Office Moab City Council Agenda Item Meeting Date: April 23, 2019 Title: Adopting the Tentative Fiscal Year 2019-2020 Budget and Setting a Public Hearing Date Date Submitted: April 18, 2019 Presenters: David Everitt Attachment(s): - Resolution 23-2019 - Attachment A: FY2o Tentative Budget Suggested Motion: I move to approve Resolution 23-2019, which adopts the Tentative Budget for Fiscal Year 2019-2020 for the City of Moab, and to hold a public hearing for this budget on May 14, 2019. Background/Summary: At this council meeting, we will a) continue to review the recommended budget, b) adopt a tentative budget, and c) set a public hearing date for this budget. GF Revenue General Fund Revenue FY 20 Tentative Budget Revenue: Taxes 31300 SALES & USE TAXES $2,285,880 31400 FRANCHISE TAXES $140,020 31500 HIGHWAY TAXES $902,640 31600 TRANSIENT ROOM TAXES $1,422,094 31700 RESORT COMMUNITY TAXES $4,631,612 31800 ENERGY TAXES $162,856 Total Taxes $9,545,102 Licenses and permits 32110 BEER LICENSES $6,000 32160 FLAT BUSINESS LICENSES $35,000 32209 SIGN PERMITS $1,000 32210 BUILDING PERMITS - CITY $50,000 32211 BUILDING PERMITS - COMMERCIAL $250,000 32212 1% BLDG PERMIT CHARGE $1,500 32213 PLAN CHECK FEES $60,000 32215 PLANNING & ZONING ALL OTHER FEES $25,000 32290 OTHER LICENSES & PERMITS $2,500 Total Licenses and permits $431,000 Intergovernmental revenue 36973 MISC STATE GRANTS $0 36974 SAN JUAN CO. CONTRIBUTION $5,000 37100 GRAND COUNTY CONTRIBUTION $85,000 37110 GCRSSD RECREATION CTR CONTRIBUTION Total Intergovernmental revenue $90,000 Charges for services 34001 SPECIAL SERVICES BY CITY DEPTS $0 34020 RESTITUTION PAID $0 34200 GARBAGE BILLING / COLLECTION $72,000 34430 REFUSE COLLECTION CHARGES $1,200,000 34510 FILM COMM - SPECIAL EVENT FEES $0 36500 SALE OF MATERIALS & SUPPLIES $0 38600 ALLOWANCE ON DOUBTFUL ACCOUNTS $0 Total Charges for services $1,272,000 Fines and forfeitures 35050 A/R 30-DAY PENALTIES $0 Total Fines and forfeitures $0 4/18/2019 1 GF Revenue General Fund Revenue FY 20 Tentative Budget Public Safety 33580 PSafety - STATE LIQUOR FUND ALLOTMENT $28,000 34730 PSafety - ANIMAL SHELTER FEES $8,500 34740 PSafety - ANIMAL SHELTER INTERLOCAL $14,500 35001 PSafety - SECURITY SERVICES $2,000 35002 PSafety - SPECIAL EVENT SERVICES $15,000 35003 PSafety - RECORDS FEES $1,000 35004 PSafety - WITNESS FEES $100 35005 PSafety - MISC STATE GRANTS $10,000 35006 PSafety - DONATIONS $12,000 35007 PSafety - EVIDENCE/LOST & FOUND CASH $0 35008 PSafety - VICTIM ADVOCATE GRANT $20,000 35009 PSafety - RESTITUTION $0 35010 PSafety - FINES & PENALTIES $55,000 37200 PSafety - FORFEITURES $3,000 38260 PSafety - ANIMAL DEPOSITS NON -OPERATING $1,500 38721 PSafety - ANIMAL SHELTER - SUNDRY RESALE $0 38722 PSafety - ANIMAL SHELTER SALES TAX $0 Total Public Safety $170,600 Interest 36111 INTEREST PTIF $110,000 Total Interest $110,000 Miscellaneous revenue 36160 PROCEEDS FROM LT DEBT $0 36200 PARK RENTALS $12,000 36201 PARK DEPOSITS $1,000 36220 FILM COMM - SPONSOR/DONATION $20,000 36226 FILM COM. - EQUIP RENTAL FEES $500 36400 SALE OF REAL/PERS. PROPERTY $50,000 36401 INSURANCE REBATE $0 36420 EMPLOYEE MEDICAL CAFE RESIDUAL $0 36900 OTHER $300 36901 DONATIONS $1,000 36902 REBATES $5,000 36903 STUDENT OF THE MONTH DONATIONS $1,000 36904 SUSTAINABILITY GRANTS AND DONATIONS $15,000 36970 INSURANCE INCOME $14,000 Total Miscellaneous revenue $119,800 Contributions and transfers 39920 OVERHEAD PAID FROM STORM WATER FUND $84,186 39930 OVERHEAD PAID FROM SEWER FUND $378,837 4/18/2019 2 GF Revenue General Fund Revenue FY 20 Tentative Budget 39935 OVERHEAD PAID FROM CUL WATER FUND $391,747 39940 GENERAL FUND BEG. BALANCE $1,313,409 Total Contributions and transfers $2,168,179 Total Revenue: $13,906,681 4/18/2019 3 GF Expenses General Fund Expenditures FY 20 Tentative Budget Transfers and contributions out 48031 TRANSFER TO DEBT SERVICE FUND $208,935 48041 TRANSFER TO HEALTH INSURANCE FUND $300,000 48061 TRANSFER TO CAPITAL PROD. FUND $250,000 48070 TRANSFER TO AFFORD HOUSING FUND $0 48071 TRANSFER TO MILLCREEK FUND $190,000 48086 TRANSFER - RECREATION FUND $887,753 48098 TRANSFER TO COMM DEV FUND $50,000 Total Transfers and contributions out $1,886,688 Police Department Police - Admin 42110 Police SALARIES & WAGES $1,413,553 42111 Police MOVIE\SECURITY WAGES $0 42113 Police EMPLOYEE BENEFITS $1,185,875 42114 Police OTHER BENEFITS- U/ALLOWANCES $18,720 42115 Police OVERTIME $42,000 42121 Police SUBSCRIPTIONS & MEMBERSHIPS $18,000 42123 Police TRAVEL\FOOD $27,462 42124 Police OFFICE EXPENSE & SUPPLIES $8,500 42125 Police EQUIPMENT-SUPPL. & MAINTENANCE $58,918 42126 Police BLDG/GRDS-SUPPL. & MAINTENANCE $0 42128 Police TELEPHONE $25,663 42129 Police RENT OF PROPERTY OR EQUIPMENT $3,624 42130 Police MONTHLY FUEL - GASCARD $70,000 42131 Police PROFESSIONAL & TECH. SERVICES $8,000 42133 Police EDUCATION $23,000 42135 Police OTHER $0 42136 Police DISPATCH SERVICES $75,985 42146 Police SPECIAL DEPARTMENTAL SUPPLIES $32,635 42146.1 Police COMMUNITY OUTREACH $0 42146.2 Police VEST REPLACEMENT $8,000 42146.3 Police INITIAL UNIFORM GEAR 42172 Police SPECIAL EVENTS 42173 Police School Resource Officer - EQUIP. & SUPPLIES $2,000 42174 Police MACHINERY & EQUIPMENT $6,729 Total Police - Admin $3,028,664 Police - Victim's Advocate (formerly Narcotics Task Force) 42310 Victims's Advocate SALARIES & WAGES $47,695 42313 Victims's Advocate EMPLOYEE BENEFITS $35,044 42315 Victims's Advocate OVERTIME $500 4/18/2019 4 GF Expenses General Fund Expenditures FY 20 Tentative Budget Total Police - Victim's Advocate $83,238 Police - Beer Tax Funds Eligible Expenses 42510 Beer Tax SALARIES & WAGES $0 42513 Beer Tax EMPLOYEE BENEFITS $0 42515 Beer Tax OVERTIME $0 42531 Beer Tax PROFESSIONAL & TECH. SERVICES $0 42546 Beer Tax SPECIAL DEPARTMENTAL SUPPLIES $0 42574 Beer Tax EQUIPMENT $27,209 Total Police - Beer Tax Funds Eligible Expenses $27,209 Police - Animal control admin 42610 Animal Ctl SALARIES & WAGES $156,131 42611 Animal Ctl SUPERVISOR PAY $0 42613 Animal Ctl EMPLOYEE BENEFITS $107,183 42614 Animal Ctl OTHER BENEFIT - U/ALLOWANCES $2,880 42615 Animal Ctl OVERTIME $11,500 42621 Animal Ctl SUBSCRIPTIONS & MEMBERSHIPS $660 42623 Animal Ctl TRAVEL\FOOD $1,770 42624 Animal Ctl OFFICE EXPENSE & SUPPLIES $0 42625 Animal Ctl EQUIPMENT-SUPPL. & MAINTENANCE $12,500 42627 Animal Ctl UTILITIES $12,000 42628 Animal Ctl TELEPHONE $5,820 42630 Animal Ctl MONTHLY FUEL - GASCARD $7,000 42631 Animal Ctl PROFESSIONAL & TECH. SERVICES $1,000 42633 Animal Ctl EDUCATION $4,000 42635 Animal Ctl OTHER $500 42646 Animal Ctl SPECIAL DEPARTMENTAL SUPPLIES $3,402 42650 Animal Ctl GRANT EXPENSES $5,000 42669 Animal Ctl Lease payments $0 42674 Animal Ctl MACHINERY & EQUIPMENT $0 Total Police - Animal control admin $331,346 Total Police $3,470,457 Public Works Department PW Admin 44510 PW Admin SALARIES & WAGES $148,928 44513 PW Admin EMPLOYEE BENEFITS $101,592 44515 PW Admin OVERTIME $1,000 44521 PW Admin SUBSCRIPTIONS & MEMBERSHIPS $700 4/18/2019 5 GF Expenses General Fund Expenditures FY 20 Tentative Budget 44523 PW Admin TRAVEL $1,100 44524 PW Admin OFFICE EXPENSE & SUPPLIES $7,250 44525 PW Admin EQUIPMENT-SUPPL. & MAINTENANCE $0 44526 PW Admin BLDG/GRDS-SUPPL. & MAINTENANCE $0 44527 PW Admin UTILITIES $11,429 44528 PW Admin TELEPHONE $1,820 44529 PW Admin RENT OF PROPERTY OR EQUIPMENT $3,200 44530 PW Admin MONTHLY FUEL - GASCARD $800 44531 PW Admin PROFESSIONAL & TECH. SERVICES $1,000 44533 PW Admin EDUCATION $1,500 44535 PW Admin OTHER $1,000 44546 PW Admin SPECIAL DEPARTMENTAL SUPPLIES $10,000 44574 PW Admin MACHINERY & EQUIPMENT Total PW Admin $291,319 Streets 44010 Streets SALARIES & WAGES $276,124 44011 Streets SUPERVISOR PAY $0 44013 Streets EMPLOYEE BENEFITS $219,321 44015 Streets OVERTIME $4,000 44021 Streets SUBSCRIPTIONS & MEMBERSHIPS $1,310 44023 Streets TRAVEL $5,000 44024 Streets OFFICE EXPENSE & SUPPLIES $750 44025 Streets EQUIPMENT-SUPPL. & MAINTENANCE $2,500 44026 Streets BLDG/GRDS-SUPPL. & MAINTENANCE $5,000 44027 Streets UTILITIES $12,000 44028 Streets TELEPHONE $3,960 44029 Streets RENT OF PROPERTY OR EQUIPMENT $600 44030 Streets MONTHLY FUEL - GASCARD $100 44031 Streets PROFESSIONAL & TECH. SERVICES $7,500 44033 Streets EDUCATION $5,200 44035 Streets OTHER $500 44042 Streets STREET LIGHTS $99,500 44046 Streets SPECIAL DEPARTMENTAL SUPPLIES $4,000 44074 Streets MACHINERY & EQUIPMENT $0 44077 Street SPECIAL PROJECTS $0 440810 Street LEASE PRINCIPAL $0 440820 Streets LEASE INTEREST $0 Total Public Works Streets $647,365 Facilities 44310 Facilities SALARIES & WAGES $259,086 4/18/2019 6 GF Expenses General Fund Expenditures FY 20 Tentative Budget 44311 Facilities SUPERVISOR PAY $0 44313 Facilities EMPLOYEE BENEFITS $205,266 44315 Facilities OVERTIME $1,000 44321 Facilities SUBSCRIPTIONS & MEMBERSHIPS $350 44323 Facilities TRAVEL $600 44324 Facilities OFFICE EXPENSE & SUPPLIES $300 44325 Facilities EQUIP SUPPLIES & MAINT $6,300 44326 Facilities BLDG/GRDS-SUPPL & MAINT $39,500 44326.1 Facilities - CITY CENTER $0 44326.2 Facilities - MARC $0 44326.3 Facilities - CENTER STREET GYM $0 44327 Facilities UTILITIES $5,184 44328 Facilities TELEPHONE $3,300 44329 Facilities RENT OF PROPERTY OR EQUIPMENT $1,000 44330 Facilities MONTHLY FUEL $3,200 44331 Facilities PROFESSIONAL & TECHNICAL $19,500 44333 Facilities EDUCATION $500 44335 Facilities OTHER $0 44346 Facilities SPECIAL DEPARTMENTAL SUPPLIES $8,000 44374 Facilities MACHINERY & EQUIPMENT $0 44377 Facilities SPECIAL PROJECTS $0 Total Facilities $553,086 Fleet 44410 Vehicle Maintenance SALARIES & WAGES $117,035 44411 Vehicle Maintenance SUPERVISOR PAY $0 44413 Vehicle Maintenance - EMPLOYEE BENEFITS $84,888 44415 Vehicle Maintenance OVERTIME $1,000 44421 Vehicle Maintenance SUB & MEMBER $2,300 44423 Vehicle Maintenance TRAVEL $2,700 44424 Vehicle Maintenance OFFICE EXP $0 44425 Vehicle Maintenance EQUIP/SUPPL & MAINT $48,000 44425.1 Vehicle Maintenance EQUIP MAINT - PARKS $0 44425.2 Vehicle Maintenance EQUIP MAINT - STREETS $0 44425.3 Vehicle Maintenance EQUIP MAINT - FACILITIES $0 44426 Fleet BLDG/GRDS-SUPPL & MAINT $5,000 44428 Vehicle Maintenance TELEPHONE $1,320 44429 Vehicle Maintenance RENT OF EQUIP $500 44430 Vehicle Maintenance MONTHLY FUEL $2,500 44431 Vehicle Maintenance PROF & TECH SVC $4,000 44433 Vehicle Maintenance EDUCATION $1,800 44435 Vehicle Maintenance OTHER $2,000 4/18/2019 7 GF Expenses General Fund Expenditures FY 20 Tentative Budget 44446 Vehicle Maintenance SPECIAL DEPT SUPPLIES $12,450 Total Vehicle Maintenance $285,493 Sanitation 44231 Sanitation PROFESSIONAL & TECH. SERVICES $1,200,000 Total Sanitation $1,200,000 Parks 45110 Parks O&M SALARIES & WAGES $392,289 45111 Parks O&M SUPERVISOR PAY $0 45113 Parks O&M EMPLOYEE BENEFITS $263,465 45115 Parks O&M OVERTIME $3,000 45121 Parks O&M SUBSCRIPTIONS & MEMBERSHIPS $1,020 45123 Parks O&M TRAVEL $4,150 45124 Parks O&M OFFICE EXPENSE & SUPPLIES $0 45125 Parks O&M EQUIPMENT-SUPPL. & MAINTENANCE $3,000 45126 Parks O&M BLDG/GRDS-SUPPL. & MAINTENANCE $20,750 45127 Parks O&M UTILITIES $56,782 45127.1 Solar Purchases $0 45127.2 Parks O&M UTILITIES - Garbage and Recycling $11,732 45127.3 Parks O&M UTILITIES - Water & Sewer $0 45128 Parks O&M TELEPHONE $6,600 45129 Parks O&M RENTALS $750 45130 Parks O&M MONTHLY FUEL - GASCARD $17,500 45131 Parks O&M PROFESSIONAL & TECH. SERVICES $3,750 45133 Parks O&M EDUCATION $3,150 45135 Parks O&M OTHER $750 45146 Parks O&M SPECIAL DEPARTMENTAL SUPPLIES $19,200 45168 Parks O&M TRAIL MAINTENANCE $0 45169 Parks O&M Lease payments $0 45173 Parks O&M PARK IMPROVEMENTS $3,950 45174 Parks O&M MACHINERY & EQUIPMENT $0 Subtotal Parks 0&M $811,838 Total Parks $811,838 Total Public Works Department $3,789,101 Planning and Development Department Planning 41810 Planning SALARIES & WAGES $370,338 41813 Planning EMPLOYEE BENEFITS $249,199 4/18/2019 8 GF Expenses General Fund Expenditures FY 20 Tentative Budget 41815 Planning OVERTIME $2,500 41821 Planning SUBSCRIPTIONS & MEMBERSHIPS $4,100 41822 Planning PUBLIC NOTICES $0 41823 Planning TRAVEL $4,000 41824 Planning OFFICE EXPENSE & SUPPLIES $5,000 41825 Planning EQUIPMENT-SUPPL. & MAINTENANCE $0 41828 Planning TELEPHONE $720 41829 Planning RENTAL $3,160 41830 Planning MONTHLY FUEL - GASCARD $350 41831 Planning PROFESSIONAL & TECH. SERVICES $101,202 41833 Planning EDUCATION $3,500 41835 Planning OTHER $400 41846 Planning SPECIAL DEPARTMENTAL SUPPLIES $0 41874 Planning MACHINERY & EQUIPMENT $0 Total Planning $744,469 Inspections 42410 Inspection SALARIES & WAGES $72,351 42413 Inspection BENEFITS $51,820 42415 Inspection OVERTIME $1,500 42421 Inspection SUBSCRIPTIONS & MEMBERSHIPS $2,200 42422 Inspection PUBLIC NOTICES $250 42423 Inspection TRAVEL $1,500 42424 Inspection OFFICE EXPENSE & SUPPLIES $750 42428 Inspection TELEPHONE $1,100 42430 Inspection MONTHLY FUEL $1,000 42431 Inspection PROFESSIONAL & TECH. SERVICES $15,000 42433 Inspection EDUCATION $1,500 42446 Inspection SPECIAL DEPARTMENTAL SUPPLIES $4,415 42474 Inspection EQUIPMENT $0 42475 Inspection SPECIAL PROJECTS $0 Total Inspections $153,386 Total Planning and Development Department $897,855 Engineering 41910 Engineer SALARIES & WAGES $357,527 41913 Engineer BENEFITS $201,369 41915 Engineer OVERTIME $1,500 41921 Engineer SUBSCRIPTIONS & MEMBERSHIPS $8,500 41922 Engineer PUBLIC NOTICES $0 41923 Engineer TRAVEL $2,000 41924 Engineer OFFICE EXPENSE & SUPPLIES $3,000 4/18/2019 9 GF Expenses General Fund Expenditures FY 20 Tentative Budget 41925 Engineer EQUIP/SUPPLIES & MAINTENANCE $1,000 41928 Engineer TELEPHONE $1,800 41930 Engineer MONTHLY FUEL - GASCARD $2,000 41931 Engineer PROFESSIONAL & TECH. SERVICES $30,000 41931.1 Engineer PLAN REVIEW SERVICES $12,000 41933 Engineer EDUCATION $1,500 41935 Engineer OTHER $200 41946 Engineer SPECIAL DEPARTMENTAL SUPPLIES $600 41974 Engineer MACHINERY & EQUIPMENT Total Engineering $622,996 Finance 42010 Treasurer SALARIES & WAGES $258,846 42013 Treasurer EMPLOYEE BENEFITS $161,636 42015 Treasurer OVERTIME $500 42021 Treasurer SUBSCRIPTIONS & MEMBERSHIPS $4,000 42023 Treasurer TRAVEL $2,500 42024 Treasurer OFFICE EXPENSE & SUPPLIES $13,500 42025 Treasurer EQUIPMENT SUPPL. & MAINTENANCE $250 42028 Treasurer TELEPHONE $1,000 42031 Treasurer PROFESSIONAL & TECH. SERVICES $15,750 42033 Treasurer EDUCATION $2,500 42035 Treasurer OTHER $0 42036 Treasurer BANK HANDLING CHARGES $30,000 42046 Treasurer SPECIAL DEPARTMENTAL SUPPLIES $2,700 42051 Treasurer INSURANCE $1,750 42063 Treasurer CASH OVER & SHORT $0 42074 Treasurer MACHINERY & EQUIPMENT $0 Total Finance $494,932 Recorder Recorder - Admin 41510 Recorder SALARIES & WAGES $190,730 41513 Recorder EMPLOYEE BENEFITS $85,521 41515 Recorder OVERTIME $1,000 41521 Recorder SUBSCRIPTIONS/MEMBERSHIPS $3,047 41522 Recorder PUBLIC NOTICES $8,000 41523 Recorder TRAVEL\FOOD $4,000 41524 Recorder OFFICE EXPENSE & SUPPLIES $4,000 41525 Recorder EQUIP./SUPPLIES & MAINTENANCE $0 41528 Recorder TELEPHONE $480 41531 Recorder PROFESSIONAL & TECH. SERVICES $23,200 41533 Recorder EDUCATION $2,800 4/18/2019 10 GF Expenses General Fund Expenditures FY 20 Tentative Budget 41535 Recorder OTHER $150 41546 Recorder SPECIAL DEPARTMENTAL SUPPLIES $1,500 41550 Recorder COPIER SUPPLIES $5,300 41574 Recorder MACHINERY & EQUIPMENT $0 415810 LEASE PRINCIPAL $0 415820 LEASE INTEREST $0 Total Recorder - Admin $329,728 Recorder - Information Technology 43010 Info Tech SALARIES & WAGES $0 43013 Info Tech EMPLOYEE BENEFITS $0 43024 Info Tech OFFICE EXPENSE & SUPPLIES $1,500 43031 Info Tech PROF & TECH SERVICES $118,060 43031.1 Info Tech WEBSITE $10,166 43031.2 Info Tech GOOGLE FOR GOVERNMENT $20,700 43031.3 Info Tech SECURITY APPLIANCE $1,500 43031.4 Info Tech WIFI - ACCESS LICENSES $1,500 43031.5 Info Tech ANTIVIRUS $5,700 43031.6 Info Tech DNS MONITORING $1,800 43046 Info Tech SPECIAL DEPT SUPPLIES $0 43074 Info Tech MACHINERY & EQUIPMENT $0 Total Recorder - Information Technology $160,926 Recorder - Elections 41722 Election PUBLIC NOTICES $3,000 41723 Election TRAVEL $0 41729 Election RENTAL - VOTING POLLS/PAGER $0 41731 Election PROFESSIONAL/TECH - PRIMARY $2,400 41732 Election PROFESSIONAL/TECH - GENERAL $2,400 41733 Election EDUCATION - INITIATIVE $500 41734 Election EDUCATION - PRIMARY/GENERAL $0 41735 Election PRINTING EXPENSES $5,000 41736 Election ELECTION DINNERS - PRIMARY $0 41737 Election ELECTION DINNERS - GENERAL $0 41746 Election SPECIAL DEPT'L - PRIMARY $0 41747 Election SPECIAL DEPT'L - GENERAL $0 41774 Election MACHINERY & EQUIPMENT $0 Total Recorder - Elections $13,300 Total Recorder $503,954 Central Administration General - admin 4/18/2019 11 GF Expenses General Fund Expenditures FY 20 Tentative Budget 41610 General SALARIES & WAGES $0 41611 General SALARY DIFFERENTIAL (SURVEY) $0 41613 General EMPLOYEE BENEFITS $0 41621 General SUBSCRIPTIONS & MEMBERSHIPS $0 41622 General PUBLIC NOTICES $0 41623 General TRAVEL/FOOD $0 41624 General OFFICE EXPENSE & SUPPLIES $0 41625 General EQUIP./SUPPLIES & MAINTENANCE $0 41626 General BLDG/GRDS- SUPPL & MAINTENANCE $0 41627 General UTILITIES $41,000 41628 General TELEPHONE/INTERNET $41,000 41629 General RENT OF PROPERTY OR EQUIPMENT $0 41630 General MONTHLY FUEL - GASCARD $0 41631 General PROFESSIONAL & TECHNICAL $0 41635 General OTHER $0 41646 General SPECIAL DEPARTMENTAL SUPPLIES $0 41651 General INSURANCE $141,000 41674 General MACHINERY & EQUIPMENT Total General - admin $223,000 Attorney 42210 Attorney SALARIES & WAGES $0 42213 Attorney BENEFITS $0 42231 Attorney PROFESSIONAL & TECH. SERVICES $200,000 42231.1 Attorney PUBLIC DEFENDER $24,000 42231.2 Attorney PROSECUTION SERVICES $36,000 Total General - Attorney $260,000 Council and Mayor 41310 Exec SALARIES & WAGES $75,578 41313 Exec EMPLOYEE BENEFITS $32,582 41321 Exec SUBSCRIPTIONS & MEMBERSHIPS $9,000 41322 Exec PUBLIC NOTICES $0 41323 Exec TRAVEL\FOOD $13,000 41324 Exec OFFICE EXPENSE & SUPPLIES $1,000 41325 Exec EQUIP/SUPPLIES & MAINTENANCE $0 41326 Executivel BLDG/GRDS- SUPPL & MAINTENANCE $1,000 41328 Exec TELEPHONE $0 41330 Exec MONTHLY FUEL - GASCARD $500 41331 Exec PROFESSIONAL/TECHNICAL SERVICE $0 41333 Exec EDUCATION $5,000 41335 Exec OTHER $0 41346 Exec SPECIAL DEPARTMENTAL SUPPLIES $2,400 4/18/2019 12 GF Expenses General Fund Expenditures FY 20 Tentative Budget 41374 Exec MACHINERY & EQUIPMENT $0 Total Council and Mayor $140,060 Administrative - admin 41410 Admin SALARIES & WAGES $488,579 41413 Admin EMPLOYEE BENEFITS $253,214 41415 Admin OVERTIME $1,000 41416 Admin UNEMPLOYMENT $0 41417 Admin EMPLOYEE BONUS PROGRAM $10,000 41421 Admin SUBSCRIPTIONS & MEMBERSHIPS $5,660 41422 Admin PUBLIC NOTICES $45,000 41423 Admin TRAVEL\FOOD $10,900 41424 Admin OFFICE EXPENSE & SUPPLIES $13,400 41425 Admin EQUIP/SUPPLIES & MAINTENANCE $1,000 41428 Admin TELEPHONE $2,500 41430 Admin MONTHLY FUEL - GASCARD $500 41431 Admin PROFESSIONAL/TECH. SERVICE $74,500 41433 Admin EDUCATION $11,000 41435 Admin OTHER $800 41446 Admin SPECIAL DEPARTMENTAL SUPPLIES $6,000 41470 Admin SUSTAINABILITY PROJECTS $22,500 41474 Admin MACHINERY & EQUIPMENT $0 41475 Admin GRANT EXPENSES $0 Total Administrative - admin $946,553 Film Commission 42810 Film Comm SALARIES & WAGES $99,006 42813 Film Comm EMPLOYEE BENEFITS $30,086 42815 Film Comm OVERTIME $2,000 42821 Film Comm SUBSCRIPTIONS & MEMBERSHIPS $5,000 42822 Film Comm ADVERTISING $9,250 42822.1 Film Comm MARKETING $0 42822.2 Film Comm PROMO MATERIALS $0 42823 Film Comm TRAVEL $13,000 42824 Film Comm OFFICE EXPENSE & SUPPLIES $1,000 42825 Film Comm EQUIP./SUPPLIES & MAINTENANCE $500 42828 Film Comm TELEPHONE $800 42829 Film Comm RENTAL $0 42830 Film Comm MONTHLY FUEL - GASCARD $600 42831 Film Comm PROFESSIONAL & TECH. SERVICES $3,000 42833 Film Comm EDUCATION $1,000 42835 Film Comm OTHER $750 42846 Film Comm SPECIAL DEPARTMENTAL SUPPLIES $500 4/18/2019 13 GF Expenses General Fund Expenditures FY 20 Tentative Budget 42874 Film Comm MACHINERY & EQUIPMENT $0 42875 Film Comm SPECIAL PROJECTS $28,700 42876 Film Comm GRANT EXPENSES $0 Total Film Commission $195,192 Community Contributions 46001 Com Contrib - COMMUNITY ORGANIZATIONS COMBINED $55,000 46005 Com Contrib - MOAB INFORMATION CENTER $10,000 46024 Com Contrib - RECYCLING SERVICES $0 46026 Com Contrib - ARTS PROMOTION $7,000 46027 Com Contrib - AFFORDABLE HOUSING $0 46030 Com Contrib - COMMUNITIES THAT CARE $0 46075 Com Contrib - SHELTER SERVICES $0 46076 Com Contrib LOCAL FIRST $0 46077 Com Contrib - MAYORS GRANTS $0 46077.1 Com Contrib - MAYORS STUDENT OF THE MONTH $1,000 46082 Com Contrib - SOUTHEASTERN ASSO. OF GOV. $0 46084 Com Contrib - GRAND COUNTY/4TH JULY FIREWORK $9,000 Total Community Contributions $82,000 Human Resources 41110 Human Resource SALARIES & WAGES $165,782 41113 Human Resource EMPLOYEE BENEFITS $105,698 41115 Human Resource OVERTIME $500 41121 Human Resource SUBSCRIPTIONS/MEMBERSHIPS $2,090 41122 Human Resource PUBLIC NOTICES $2,500 41123 Human Resource TRAVEL\FOOD $2,000 41124 Human Resource OFFICE EXPENSE & SUPPLIES $5,500 41125 Human Resource EQUIP./SUPPLIES & MAINTENANCE $0 41128 Human Resource TELEPHONE $360 41131 Human Resource PROFESSIONAL & TECH. SERVICES $90,000 41133 Human Resource EDUCATION $5,000 41135 Human Resource OTHER $5,000 41146 Human Resource SPECIAL DEPARTMENTAL SUPPLIES $2,462 41150 Human Resource COPIER SUPPLIES $7,000 41174 Human Resource MACHINERY & EQUIPMENT $0 Total Human Resources $393,892 Total Central Administration $2,240,696 TOTAL OPERATING EXPENSES $13,906,681 4/18/2019 14 Recreation Recreation Budget FY 20 Tentative Budget Recreation Revenue (non program specific) Intergovernmental 33561 GRAND COUNTY - RSSD $100,000 33563 SCHOOL DISTRICT $15,000 Total Intergovernmental $115,000 Interest 36100 INTEREST INCOME $1,000 Total Interest $1,000 Miscellaneous 36231 PREP PROGRAM GRANT $0 36560 OTHER INCOME $2,500 36570 GRANTS AND DONATIONS $0 36571 CTC GRANT $0 36757 SAFE PASSAGE GRANT $0 Total Miscellaneous $2,500 Contributions & Transfers 33562 CITY OF MOAB $887,753 39535 RECREATION FUND BEG. BALANCE $117,950 Total Contributions & Transfers $1,005,703 Total recreation revenue (non program specific) $1,124,203 Expenses - Recreation Administration 64010 Recreation SALARIES - DIRECTOR/ASST. $139,549 64011 Recreation SALARY DIFFERENTIAL (SURVEY) $0 64013 Recreation EMPLOYEE BENEFITS $72,805 64015 Recreation OVERTIME $500 64016 Recreation UNEMPLOYMENT $0 64021 Recreation SUBSCRIPTIONS & MEMBERSHIPS $1,200 64022 Recreation ADVERTISING $3,500 64023 Recreation TRAVEL $0 64024 Recreation OFFICE EXPENSE & SUPPLIES $2,000 64025 Recreation - EQUIP SUPPLIES & MAINT $1,000 64027 Recreation - UTILITIES $0 64028 Recreation TELEPHONE $2,400 64030 Recreation MONTHLY FUEL - GASCARD $350 64031 Recreation PROFESSIONAL & TECHNICAL $3,500 64033 Recreation EDUCATION $5,000 64035 Recreation OTHER $200 64036 Recreation DIRECTOR - TRAVEL $0 64037 Recreation DIRECTOR/EDUCATION $0 64046 Recreation SPECIAL DEPARTMENTAL SUPPLIES $1,500 4/18/2019 15 Recreation Recreation Budget FY 20 Tentative Budget 64065 Recreation FINGER -PRINTING $0 66046 SPECIAL PROJECTS/EQUIPMENT $0 Total Admin Expenses $233,504 Aquatic Center Revenue 34710 MRAC -PREPAID SERVICES $0 34711 MRAC - FITNESS ADMISSIONS $8,500 34712 MRAC - FITNESS MEMBERSHIPS $31,000 34713 MRAC - CITY EMPLOYEES $500 34714 MRAC - SILVER SNEAKERS MEMBERSHIPS $10,000 34715 MRAC - SWIM TEAM $0 34716 MRAC - AQUATIC SPORTS $0 34717 MRAC - SHOWERS $65,000 34718 MRAC - CASH OVER/SHORT $0 34719 MRAC - EMPLOYEE WELLNESS DISCOUNT $0 34720 MRAC - ADMISSIONS/AQUATIC $97,000 34721 MRAC - ADMISSIONS/AQUAT & FITNESS $5,000 34722 MRAC - RETAIL $8,000 34723 MRAC - PROGRAM FEES/ AQUATIC $18,000 34723.1 MRAC PRIVATE SWIM LESSONS $0 34724 MRAC - PROGRAM FEES/FITNESS $11,000 34725 MRAC - CHILD CARE FEES $1,700 34726 MRAC - MEMBERSHIPS/AQUATIC $39,000 34727 MRAC - MEMBERSHIPS/AQUAT & FITNESS $70,000 34728 MRAC - RENTAL FEES $5,500 34729 MRAC - SPECIAL EVENT FEES $750 Total Revenue $370,950 Expense 45208 MRAC MAINTENANCE SALARIES $45,930 45209 MRAC LIFEGUARD SALARIES $304,466 45210 MRAC SALARIES & WAGES $331,944 45211 MRAC AQUATIC PROGRAM SALARIES $35,659 45212 MRAC FITNESS PROGRAM SALARIES $20,129 45213 MRAC EMPLOYEE BENEFITS $152,350 45215 MRAC OVERTIME $500 45216 MRAC UNEMPLOYMENT $0 45221 MRAC SUBSCRIPTIONS & MEMBERSHIPS $1,500 45222 MRAC ADVERTISING $10,000 45223 MRAC TRAVEL $2,040 45224 MRAC OFFICE EXPENSE & SUPPLIES $3,500 45225 MRAC EQUIPMENT-SUPPL. & MAINTENANCE $6,000 45226 MRAC BLDG/GRDS-SUPPL. & MAINTENANCE $15,000 45227 MRAC UTILITIES $90,900 45228 MRAC TELEPHONE $6,200 45229 MRAC RENT OF PROPERTY OR EQUIPMENT $1,000 45231 MRAC PROFESSIONAL & TECH. SERVICES $9,500 4/18/2019 16 Recreation Recreation Budget FY 20 Tentative Budget 45233 MRAC EDUCATION $3,000 45234 MRAC INSTRUCTIONAL MATERIALS/SUPP. $600 45235 MRAC OTHER $1,500 45246 MRAC SPECIAL DEPARTMENTAL SUPPLIES $38,350 45261 MRAC SUNDRY EXPENSES -MISCELLANEOUS $7,000 45270 MRAC SWIM TEAM $0 45271 MRAC FITNESS PROGRAMS $0 45273 MRAC AQUATIC PROGRAMS $2,850 45274 MRAC - MACHINERY & EQUIPMENT $0 45275 MRAC SPECIAL EVENTS Total Expense $1,089,918 Total Aquatic Center -$718,968 Recreation and Sports Programs Sports Programs Smart Start - Center St. Gym Revenue 64102 SMART START $0 64103 CENTER ST. GYM FITNESS $0 Total Revenue $0 Expense 64102 - SMART START $0 64103 - CENTER ST. GYM FITNESS $0 Total Expense $0 Total Smart Start - Center St. Gym $0 Soccer Revenue 34539 ADULT SOCCER $2,500 34569 SPRING YOUTH SOCCER $7,665 34570 FALL YOUTH SOCCER $3,690 34571 SOCCER CAMPS $250 34574 INDOOR SOCCER - YOUTH $1,650 34587 INDOOR SOCCER - ADULT $0 Total Revenue $15,755 Expense 64201 Soccer YOUTH SOCCER $4,060 64202 Soccer FALL SOCCER $1,200 64205 Soccer ADULT SOCCER $800 64209 Soccer INDOOR - YOUTH SOCCER $1,695 64210 Soccer WAGES SOCCER $2,826 64213 Soccer SOCCER REFEREE - WAGES $157 64215 Soccer INDOOR - YOUTH DIRECTOR SOCCER $0 Total Expense $10,738 4/18/2019 17 Recreation Recreation Budget FY 20 Tentative Budget Total Soccer $5,017 Adult Softball Revenue 34537 TOURNAMENT SOFTBALL - MEN'S $0 34564 MENS SOFTBALL $0 Total Revenue $0 Expense 64427 COED SOFTBALL $1,100 64435 MEN'S SOFTBALL $0 64436 MEN'S SOFTBALL TOURN/DIRECTOR $0 64437 MEN'S SOFTBALL TOURNAMENT $0 64438 MEN'S SOFTBALL TOURN.-UMPIRES $0 Total Expense $1,100 Total Adult Softball -$1,100 Adult Volleyball Revenue 34540 VOLLEYBALL - ADULT COED $1,600 34545 VOLLEYBALL - WOMEN'S $0 Total Revenue $1,600 Expense 64601 CO-ED VOLLEYBALL $1,210 64602 VOLLEYBALL $0 64613 CO-ED VOLLEYBALL- DIRECTOR $0 64614 WOMEN'S VOLLEYBALL - DIRECTOR $0 Total Expense $1,210 Total Adult Volleyball $390 Basketball Revenue 34575 ADULT BASKETBALL $600 34576 JR JAll BASKETBALL $3,200 34599 MIDDLE SCHOOL TRVL BASEBALL $0 Total Revenue $3,800 Expense 64803 ADULT BASKETBALL $750 64804 JR JAll BASKETBALL $2,200 64805 JR. JAZZ REFEREE SERVICES $3,040 64807 MS BASKETBALL REFEREES $360 64813 Basketball EMPLOYEE BENEFITS $407 Total Expense $6,757 4/18/2019 18 Recreation Recreation Budget FY 20 Tentative Budget Total Basketball -$2,957 Youth Volleyball Revenue 34546 VOLLEYBALL - YOUTH SPRING $3,675 34580 YOUTH VOLLEYBALL $1,635 34581 MIDDLE SCHOOL VOLLEYBALL (FALL) $0 Total Revenue $5,310 Expense 64901 YOUTH VOLLEYBALL $1,305 64902 MIDDLE SCHOOL VOLLEYBALL $0 64903 MIDDLE SCHOOL VOLLEYBALL $0 64904 YOUTH SPRING VOLLEYBALL - WAGES $0 64905 YOUTH SPRING VOLLEYBALL $2,450 Total Expense $3,755 Total Youth Volleyball $1,555 Youth Baseball/Softball Revenue 34538 TOURNAMENT SOFTBALL - YOUTH $0 34563 ADULT COED SOFTBALL $2,900 34566 YOUTH/BASEBALL/SOFTBALL $16,882 34567 RECURRING TEAM MEMBERSHIPS $0 34583 YOUTH SPONSOR/BASEBALL $12,800 Total Revenue $32,582 Expense 65111 Youth BB/SB WAGES- MAINTENANCE WORKERS $3,000 65112 Youth BB/SB WAGES- UMPIRES & SCOREKEEPERS $5,880 65113 Youth BB/SB EMPLOYEE BENEFITS $901 65123 Youth BB/SB BASEBALL STATE TOURN. EXPENSES $2,000 65125 Youth BB/SB EQUIPMENT -SUPPLIES & MAINT. $350 65126 Youth BB/SB BASEBALL FIELD MAINTENANCE $1,300 65158 MIDDLE SCHOOL TRVL BASEBALL $0 65173 FIELD MAINTENANCE EQUIPMENT $0 65174 YOUTH BASEBALL/SOFTBALL $16,200 65177 UTAH GIRLS SOFTBALL ASSOC $400 65178 UTAH BOYS BASEBALL ASSOCIATION $400 Total Expense $30,431 Total Youth Baseball/Softball $2,151 Youth Football Revenue 34568 YOUTH FOOTBALL $2,790 4/18/2019 19 Recreation Recreation Budget FY 20 Tentative Budget 34577 FLAG FOOTBALL $1,365 34578 MIDDLE SCHOOL FOOTBALL $0 34579 FLAG FOOTBALL - ADULT $540 Total Revenue $4,695 Expense 65213 Youth Football BENEFITS $219 65275 YOUTH FOOTBALL $7,320 65280 FLAG FOOTBALL $1,600 65281 FLAG FOOTBALL - ADULT $100 65285 MIDDLE SCHOOL FOOTBALL $0 65286 YOUTH FOOTBALL REFEREES $920 65295 MS FOOTBALL REFEREES $0 Total Expense $10,159 Total Youth Football -$5,464 BMX Expense 65410 BMX WAGES $150 65424 BMX MATERIALS & SUPPLIES $0 Total Expense $150 Total BMX -$150 Pickleball Revenue 34585 PICKLEBALL $0 Total Revenue $0 Expense 65180 PICKLEBALL $200 Total Expense $200 Total Pickleball -$200 Foot Races Revenue 34572 FOOT RACES $4,010 Total Revenue $4,010 Expense 64092 Recreation TURKEY TROT/EASTER EGG HUNT $2,500 Total Expense $2,500 Total Foot Races $1,510 M isc 4/18/2019 20 Recreation Recreation Budget FY 20 Tentative Budget Revenue 34536 SUMMER CAMP $3,840 34586 DODGE BALL $0 66373 ULTIMATE FRISBEE $400 Total Revenue $4,240 Expense 70080 - DODGEBALL $0 Total Expense $0 Total Misc $4,240 Total Sports Programs $4,992 MARC Revenue 66150 MEMBERSHIP FEES $0 66160 PROGRAM FEES $10,800 66180 MATERIALS - TAXABLE $0 66210 GRANTS AND DONATIONS $45,600 66250 WORKSHOP FEES $0 66271 RENTAL FEES $40,000 66372 SPECIAL EVENTS FEES $39,600 Total Revenue $136,000 Expense 80010 MARC SALARIES & WAGES $144,289 80013 MARC EMPLOYEE BENEFITS $82,049 80014 MARC SALARIES & WAGES - INSTRUCTORS $7,000 80015 MARC SALARIES & WAGES OT $1,100 80016 MARC UNEMPLOYMENT $0 80021 MARC SUBSCRIPTIONS & MEMBERSHIPS $1,260 80022 MARC ADVERTISING/MARKETING $3,500 80023 MARC TRAVEL $1,900 80024 MARC OFFICE EXPENSE & SUPPLIES $3,900 80025 MARC EQUIP/SUPPLIES & MAINTENANCE $2,000 80026 MARC BLDG GROUNDS SUPPL & MAINT $0 80027 MARC UTILITIES $7,000 80028 MARC TELEPHONE $5,300 80031 MARC PROFESSIONAL/TECHNICAL SERVICE $1,000 80033 MARC EDUCATION $1,000 80035 MARC OTHER $100 80046 MARC SPECIAL DEPARTMENTAL SUPPLIES $5,500 80074 MARC MACHINERY & EQUIPMENT $1,325 80077 MARC SPECIAL EVENTS $3,000 80077.1 MARC SPECIAL EVENTS - RED ROCK ARTS FEST $41,500 80078 MARC SPECIAL PROJECTS $0 4/18/2019 21 Recreation Recreation Budget FY 20 Tentative Budget Total Expense $312,723 Total MARC -$176,723 4/18/2019 22 Class C Fund Class C Fund FY 20 Tentative Budget Revenue: Taxes 33570 Class C TRANSPORTATION TAX $210,795 Total Taxes $210,795 Intergovernmental revenue 33560 Class C CLASS C ROAD FUND $283,050 Total Intergovernmental revenue $283,050 Interest 36100 Class C INTEREST INCOME $5,000 Total Interest $5,000 Contributions and transfers 3650 Proceeds on sale or trade of fixed assets $0 39561 Class C TRANS. FROM EQUITY-B.O.Y. RESV $349,275 Total Contributions and transfers $349,275 Total Revenue: $848,120 Expenses: 40025 Class C EQUIP SUPPLIES & MAINT $0 40026 Class C BLDG/GRDS SUPPLIES & MAINT $0 40027 Class C UTILITIES $0 40028 Class C TELEPHONE $0 40029 Class C EQUIP RENTAL $0 40030 Class C FUEL $18,020 40041 Class C SPECIAL DEPARTMENTAL SUPPLIES $18,000 40046 Class C SPECIAL DEPARTMENTAL $0 40058 Class C ROADBASE - PATCHING $9,000 40070 Class C ASPHALT $400,000 40071 Class C OVERLAY $75,000 40072 Class C CRACK SEALING $20,000 40073 Class C - SPECIAL PROJECTS $210,000 40073.1 Class C CONCRETE ADA Transition Plan $20,000 40073.2 Class C CONCRETE Sidewalk/Ped Ramp Repair $25,100 40074 Class C MACHINERY & EQUIPMENT $53,000 40077 Class C SPECIAL PROJECTS $0 Total Expenditures $848,120 4/18/2019 23 Millcreek fund Millcreek Project Fund FY 20 Tentative Budget Revenue: Intergovernmental revenue 33579 FUTURE GRANTS $0 33581 UTAH TRAILS/MILCREEK DR PATH - STATE FUNDS $0 33582 UTAH TRAILS/MILLCREEK DR PATH - LOCAL FUNDS $0 33583 UTAH TRAILS 500 W. UNDERPASS $0 33584 UTAH TRAILS PIPE DREAM TRAIL $0 33585 FIRE/FUEL/REDUCT/REVEG $0 33600 ESCROW FUNDS $0 40002 FIRE/FUEL/REDUCTION/REVEG $0 Total Intergovernmental revenue $0 Contributions and transfers 33210 CONTRIBUTION FROM GENERAL FUND $190,000 39210 MILLCREEK PROD. FUND/BEG. BAL. $0 Total Contributions and transfers $190,000 Total Revenue: $190,000 Expenses: Transfers and contributions out 40090 INCREASE IN FUND BALANCE $0 Total Transfers and contributions out $0 Millcreek Projects 40003 MILLCREEK/MAIN STREET - WEIR $0 40004 UTAH TRAILS 500 W. UNDERPASS $0 40005 UTAH TRAILS PIPE DREAM $0 40010 SALARIES $0 40013 BENEFITS $0 40031 PROFESSIONAL/TECHNICAL $30,000 40035 OTHER $0 40041 ACQUISITIONS $0 40048 BMX TRACK $0 40050 BROWNING ROTARY MUSICAL PLAYGROUND GRANT $0 40051 BROWNING TRAILS GRANT $0 40074 SPECIAL PROD. - GRANT MATCH ONLY $0 40076 TREE EDUCATION/ADVERTISING $0 40086 TREES/IRRIGATION $0 40088 UTAH TRAILS MILLCREEK DR PATH $0 40089 TRAILS $160,000 40090 INCREASE IN FUND BALANCE $0 Total Millcreek Projects $190,000 Total Expenditures: $190,000 4/18/2019 24 CDBG Community Development Fund FY 20 Tentative Budget Revenue: Contributions and transfers 39209 COMMUNITY DEV. FUND/BEG. BAL. 39210 CONTRIBUTION FROM GENERAL FUND $50,000 39224 CDGB $75,000 Total Contributions and transfers $125,000 Total Revenue: $125,000 Expenses: Community Development Center Street Gym ADA Elevator $125,000 Total Community development $125,000 Total Expenditures: $125,000 4/18/2019 25 Housing Fund Housing Fund FY 20 Tentative Budget Revenue: Charges for services 33410 Grants 36201 Rent/Lease Income 168,000 WAHO fee in lieu assessment 1,000,000 Proceeds from LT Debt 7,702,000 Total Charges for services 8,870,000 Contributions and transfers Contribution from General Fund 0 Total Contributions and transfers 0 Total Revenue: 8,870,000 Expenses: Housing 46420 Acquisitions 46421 Debt Retirement 1,934,164 46422 Development Costs 6,400,000 46425 Operation & Maintenance Costs 36,000 46427 O&M UTILITIES 34,000 Total Housing 8,404,164 Total Expenditures: 8,404,164 4/18/2019 26 Debt Service Fund Debt Service Fund FY 20 Tentative Budget Revenue: Interest 3611 Interest income $0 Total Interest $0 Contributions and transfers 3910 Transfer from general fund $208,935 Transfer from Capital Fund $46,175 Lease Revenue - City Center $37,654 3915 Transfer from housing fund $1,800,000 36236 Contribution from GC Rec District $190,000 Millcreek West road/infrastructure - from Grand Co. $0 Total Contributions and transfers $2,282,764 Total Revenue: $2,282,764 Expenses: Debt Service 4711.1 2003 Sales Tax Rev CC - Principal $85,000 4711.2 2003 Sales Tax Rev CC - Interest $26,425 4712.1 2009 Sales Tax Rev MRAC - Principal $191,000 4712.2 2009 Sales Tax Rev - Interest $0 4713.1 2018 CIB Bond (USU) - Principal $28,000 4713.2 2018 CIB Bond (USU) - Interest $18,175 4714.1 2019 Walnut Lane - Principal Payoff $60,000 4714.1 2019 Walnut Lane - Principal $1,800,000 4714.2 2019 Walnut Lane - Interest $74,164 Total Debt Service $2,282,764 Total Expenditures: $2,282,764 4/18/2019 27 Capital projects Capital Projects Fund FY 20 Tentative Budget Revenue: Intergovernmental revenue 36124 GRANTS AND DONATIONS $0 36125 DOG PARK DONATIONS $0 GRAND COUNTY TRANSFER $0 SITLA TRANSFER $0 Total Intergovernmental revenue $0 Interest 36100 INTEREST INCOME $25,000 Total Interest $25,000 Miscellaneous revenue 36220 LEASE REVENUE CITY CENTER $0 36228 UTAH POWER GRANT $15,000 36235 CIB LOAN PROCEEDS $0 36236 CONTRIBUTION FROM REC DISTRICT $0 Total Miscellaneous revenue $15,000 Contributions and transfers 39222 TRANSFER FROM GENERAL FUND $250,000 39225 TRANSFER FROM RECREATION FUND 39561 CAPITAL PROJECTS FUND BEG. BAL $921,676 39562 TRANSFER IN FROM MUNICIPAL BLDG SETASIDE 39563 TRANSFER IN FROM USU SET -ASIDE $0 Total Contributions and transfers $1,171,676 Total Revenue: $1,211,676 Expenses: Police 79140 - ANIMAL SHELTER PROJECT 79141 - ANIMAL SHELTER EQUIPMENT $1,242 79142 - ANIMAL SHELTER FF&E 79150 - POLICE EQUIPMENT $20,000 79155 - POLICE VEHICLES $93,702 Shooting range remediation Total Police $114,944 Public Works 79044 - Performance Guarantee Default $0 44070 - ROAD IMPROVEMENTS $500,000 44080 - TRANSPORTATION MASTER PLAN 4/18/2019 28 Capital projects Capital Projects Fund FY 20 Tentative Budget 44081 - CITY SHOP/YARD IMPROVEMENTS $110,000 44088 - GENERAL ADMINISTRATIVE FACILITIES $75,000 44089 - MILLCREEK DRIVE WEST PROJECT $0 44090 - EQUIPMENT $0 44091 - VEHICLES 45070 - ADA IMPROVEMENTS 78025 - TRAIL & BRIDGE IMPROVEMENTS 78043 - SWANNY PARK RESTROOMS 78045 - PLAYGROUND EQUIPMENT/BUILDING IMPROVEMENTS 78046 - PARKS EQUIPMENT & VEHICLES $48,732 Total Public Works $733,732 Administration 74090 - VEHICLES $9,000 77057 - DARK SKY CAPITAL IMPROVEMENT $12,000 79045 - USU SETASIDE $0 74095 - Equipment for various admin departments $20,000 74096 - IT - Computer replacement $45,000 74097 - IT - other equipment $22,000 Total Administration $108,000 Recreation 46072 - MARC BUILDING IMPROVEMENTS $15,000 47070 - AQUATIC CENTER IMPROVEMENTS $30,000 47071 - AQUATIC CENTER SET ASIDE $50,000 47072 - AQUATIC CENTER EQUIPMENT REPLACEMENT $35,000 77047.1 - 2009 AQUATIC BOND PMT $0 77051 - CENTER STREET GYM MECHANICAL 77056 - BALLFIELD $20,000 78030 - ART IN PUBLIC PLACES % $40,000 78044 - PARK IMPROVEMENTS $25,000 Total Recreation $215,000 Muni Building Authority Debt Service 77042 - PUBLIC BLDG BOND RESERVE $0 77045 - MUNICIPAL BLDG FF&E $0 77046.1 - MUNICIPAL BLDG BOND PMT $0 77046.2 - MUNI BLDG BOND INTEREST $0 Total Debt Service $0 4/18/2019 29 Capital projects Capital Projects Fund FY 20 Tentative Budget Administrative Facility 46071 - SOLAR PROJECT $0 77031 - MUNI BLDG PROJECT $0 77050 - BLDG IMPROVEMENTS $15,000 77055 - CITY SUSTAINABILITY $25,000 Total Administrative Facility $40,000 Total Muni Building Authority $40,000 Total Expenditures: $1,211,676 4/18/2019 30 Water Enterprise Fund Culinary Water Fund FY 20 Tentative Budget Revenue: Water Operating Income 36300 WATER PENALTIES $5,500 36500 SALE OF MATERIALS & SUPPLIES $0 36900 Water SUNDRY REVENUES $65,000 37100 WATER SALES $1,100,000 37120 TAX ON SHOP WATER SALES 37260 WATER CONNECTION $40,000 37325 Water SPECIAL SERVICES BY CITY DEPARTMENTS 38600 ALLOWANCE ON DOUBTFUL ACCOUNTS Total Water Operating Income $1,210,500 Water Non -operating income 36100 - INTEREST INCOME $10,000 36105 - GRANT INCOME 36110 - WATER IMPACT FEE INTEREST INCOME $20,000 36111 - WATER IMPACT FEES $75,000 36112 - WATER IMPACT FEE BEG F.B. 36200 - WATER TANK FINANCING 39535 - W/S - BEG. FUND BALANCE Total Water Non -operating income $105,000 Total Water income $1,315,500 Expenses: Water Operating expense 50009 Water GENERAL FUND O/H 391,747 50010 Water SALARIES & WAGES 231,652 50011 - Water SUPERVISOR PAY 0 50012 - Water SALARY DIFFERENTIAL (SURVEY) 0 50013 Water EMPLOYEE BENEFITS 188,459 50015 Water OVERTIME $25,000 50021 Water SUBSCRIPTIONS & MEMBERSHIPS $3,775 50023 Water TRAVEL $5,000 50024 Water OFFICE EXPENSE & SUPPLIES $1,500 50025 Water EQUIPMENT-SUPPL. & MAINTENANCE 22,500 50026 Water BUILDING SUPPL. & MAINTENANCE 22,000 50027 Water UTILITIES 50,500 50028 Water TELEPHONE 3,300 50029.1 Water RENT OF PROPERTY & EQUIPMENT 8,000 50029.2 Water capital lease expense 0 50030 Water MONTHLY FUEL - GASCARD 12,000 50031 Water PROFESSIONAL & TECH. SERVICES 37,500 50033 Water WATER/EDUCATION 5,800 50035 Water OTHER 7,750 50046 Water SPECIAL DEPARTMENTAL SUPPLIES 61,140 4/18/2019 31 Water Enterprise Fund Culinary Water Fund FY 20 Tentative Budget 50051 Water INSURANCE 1,600 50069 Water DEPRECIATION 185,000 Total Water Operating expense $1,264,223 Water Non -operating expense 50082 Water INTEREST ON BONDS/DEBT SERVICE 14,855 Total Water Non -operating expense $14,855 Total Water Expense $1,279,078 4/18/2019 32 Water Capital Culinary Water Fund - Capital Budget FY 20 Tentative Budget Revenue: Operational Income: Net Income $36,422 Add Depreciation $185,000 Provided from Operations: $221,422 Other income: Grant proceeds $3,000,000 Transfer from Water Fund Balance $152,186 Impact fees $125,000 Total Other Income: $3,277,186 Total Income: $3,498,608 Expenses: Projects to be financed: Total finance need: $0 Debt Service 2018 Bond $23,608 Total debt service $23,608 Project to pay as you go: New water tank $3,000,000 Replacement Well for Corbin (Design) $100,000 Emma Blvd Water Upgrade $75,000 PW Building Design $50,000 Unanticipated repairs and upgrades $50,000 Water Tank Maintenance $40,000 Total pay as you go: $3,315,000 Total Annual Expense for Projects: $3,338,608 Direct Purchase (aka Equipment) 1611 - Land 1615 - Water shares 1631 - Water wells 1641 - Water tanks 1642 - Water lines 1643 - Meters $136,000 1644 - Fire Hydrants $20,000 1661.2 - Equipment - water $4,000 1665 - Office furniture and equipment 1671 - Autos and trucks $0 Total Direct Purchase: $160,000 4/18/2019 33 Water Capital Culinary Water Fund - Capital Budget FY 20 Tentative Budget Total Capital Requirement: $3,498,608 4/18/2019 34 Sewer Enterprise Fund Sewer Enterprise Fund - Operations FY 20 Tentative Budget Revenue: Sewer Operating Income 38600 - ALLOWANCE ON DOUBTFUL ACCOUNTS 56900 - Sewer SUNDRY REVENUE $100,000 57200 - SEWER EXISTING FACILITY FEE $60,000 57210 - SEWER STUDIES FEE $0 57300 - SEWER SERVICES CHARGES $1,150,000 57325 - Sewer SPECIAL SERVICES BY CITY DEPTS $5,000 57350 - Sewer SPANISH VALLEY SEWER $350,000 57440 - SEWER CONNECTION $25,000 Total Sewer Operating Income $1,690,000 Sewer Non -operating income 36500 - SALE OF MATERIALS & SUPPLIES 39535 - W/S - BEG. FUND BALANCE 56100 - Sewer INTEREST INCOME $50,000 SJSVSSD Sewer Impact Fees $319,000 56108 - GWSSA SEWER IMPACT FEES - OFFSET $42,479 56109 - GWSSA SEWER IMPACT FEES $200,000 56110 - SEWER IMPACT FEE INTEREST $1,500 56111 - SEWER IMPACT FEES $350,000 Total Sewer Non -operating income $962,979 Total Sewer Income $2,652,979 Expenses: WRF 60009 Sewer GENERAL FUND 0/H $378,837 60010 Sewer WRF SALARIES & WAGES $194,797 60011 Sewer WRF SUPERVISOR PAY 60013 Sewer WRF EMPLOYEE BENEFITS $117,536 60015 Sewer WRF OVERTIME $7,000 60021 Sewer WRF SUBSCRIPTIONS & MEMBERSHIPS $1,000 60023 Sewer WRF TRAVEL $1,500 60024 Sewer WRF OFFICE EXPENSE & SUPPLIES $750 60025 Sewer WRF EQUIPMENT SUPPL. & MAINTENANCE $13,500 60026 Sewer WRF BUILDING SUPPL. & MAINTENANCE $2,800 60027 Sewer WRF UTILITIES $150,000 60028 Sewer WRF TELEPHONE $2,200 60029 Sewer WRF RENT OF PROPERTY & EQUIPMENT $2,000 60030 Sewer WRF MONTHLY FUEL - GAS CARD $8,000 60031 Sewer WRF PROFESSIONAL & TECH. SERVICES $55,000 4/18/2019 35 Sewer Enterprise Fund Sewer Enterprise Fund - Operations FY 20 Tentative Budget 60033 Sewer WRF EDUCATION $1,500 60035 Sewer WRF SHIPPING\FREIGHT $6,000 60046 Sewer WRF SPECIAL DEPARTMENTAL SUPPLIES $35,000 60069 Sewer DEPRECIATION $150,000 Total WRF $1,127,420 Sewer Collection System 60029.1 Sewer COLLECTIONS Capital Lease Expense 61010 Sewer COLLECTION SALARIES & WAGES $170,321 61011 - Sewer COLLECTION SUPERVISOR PAY 61013 Sewer COLLECTION EMPLOYEE BENEFITS $117,751 61015 Sewer COLLECTION OVERTIME $8,500 61021 Sewer COLLECTION SUBSCRIP & MEMBER $4,300 61023 Sewer COLLECTION TRAVEL $3,000 61024 Sewer COLLECTION OFFICE EXP & SUPPLIES $500 61025 Sewer COLLECTION EQUIP SUPPLIES & MAINT $20,000 61026 Sewer COLLECTION BLDG/GRDS SUPPLIES & MAINT $500 61027 Sewer COLLECTION UTILITIES $1,000 61028 Sewer COLLECTION TELEPHONE $3,000 61029 Sewer COLLECTION RENTALS $1,000 61030 Sewer COLLECTION MONTHLY FUEL $8,500 61031 Sewer COLLECTION PROFESSIONAL & TECH $35,000 61033 Sewer COLLECTION EDUCATION $5,000 61035 Sewer COLLECTION FREIGHT $2,000 61046 Sewer COLLECTION SPEC DEPT SUPPLIES $40,000 Total Sewer Collection System $420,372 Sewer Non -operating expense 60082 Sewer INTEREST ON SEWER BONDS $229,946 60084 Sewer IMPACT FEE WAIVERS 60085 IMPACT FEE WAIVERS 60091 Benefit expense -change in NPL/NPA (GASB 68) 60092 Pension expense (GASB 68) Total Sewer Non -operating expense $229,946 Total Sewer Expense $1,777,738 4/18/2019 36 Sewer Capital Sewer Capital Budget FY 20 Tentative Budget Revenue: Operational income: Net Income from Operations $142,208 Add Depreciation $150,000 Provided from Operations: $292,208 Other income: Transfer from Sewer Fund Balance $99,184 Impact fees $635,000 Total other income: $734,184 Total Income: $1,026,392 Expenses: Projects to be financed: Total finance need: $0 Debt service: W RF $635,000 2018 Sewer Bond $106,392 Total debt service: $741,392 Projects pay as you go: PW Building Design $50,000 Birch St & Locust St Reconstruct $125,000 Total pay as you go: $175,000 Total Annual Expense for Projects: $916,392 Direct Purchase (aka Equipment) 1651 - Sewage treatment facilities $0 1652 - Sewer lines $0 1653 - Manhole Replacement Project $75,000 1661.1 - Equipment - general 1661.3 - Equipment - sewer $35,000 1665 - Office furniture and equipment 1671 - Autos and trucks Total Direct Purchase: $110,000 Total Capital Requirement: $1,026,392 4/18/2019 37 Stormwater Utility Fund Stormwater Utility Enterprise Fund FY 20 Tentative Budget Revenue: Operating income 36450 STORM WATER DRAINAGE FEE $285,190 36460 NON -POINT SOURCE FINANCIAL ASSISTANCE $0 Total Operating Income $285,190 Non -Operating Income 3340 STATE GRANT 36110 INTEREST INCOME 36112 TFER FROM FUND BALANCE 36210 TRANSFER FROM GENERAL FUND Total Non -operating income $0 Total Storm Water Income $285,190 Expenses: Operating expense 40009 Storm wtr GENERAL FUND 0/H $84,186 40010 Storm wtr SALARIES & WAGES $50,436 40011 - Storm wtr SUPERVISOR PAY 40013 Storm wtr EMPLOYEE BENEFITS $23,677 40031 Storm wtr PROFESSIONAL & TECH. SERVICES $25,000 40046 Storm wtr SPECIAL DEPARTMENTAL SUPPLIES 40069 Storm wtr DEPRECIATION 40075 Storm wtr SPECIAL PROJECTS Total Operating expense $183,299 Non -operating expense 40090 Storm wtr TRANSFER TO SURPLUS FUND BAL. $0 Total Non -Operating Expense $0 Total Storm Water Expense $183,299 4/18/2019 38 Stormwater Capital Storm Water Utility Enterprise Fund - Capital FY 20 Tentative Budget Revenue: Operational income: Net Income from Operations $101,891 Add Depreciation Provided from Operations: $101,891 Transfer from Storm Water Fund Balance $1,043,109 Finance need $400,000 Total Income $1,545,000 Expenses: Projects: Kane Creek Heavy Maintenance $400,000 PW Building Design $25,000 400 East Storm Drain with County (Design) $60,000 Misc Storm Water Projects unanticipated $35,000 Riparian Area Study and Restoration $25,000 Stewart Canyon Drainage Project (US191 Widening) $1,000,000 Total Projects: $1,545,000 Direct Purchase (aka Equipment) 1661.1 - Equipment - General $0 Total Direct Purchase: $0 Total Capital Requirement: $1,545,000 4/18/2019 39 Health Fund Health Insurance Fund FY 20 Tentative Budget Revenue: Charges for Services 3410 Health Reimbursement Arrangement Premiums $540,117 3411 Dental Premiums $45,000 3412 Health Savings Account Premiums $120,000 3413 Medical Insurance Premiums $1,296,000 3414 Life Insurance Premiums $5,000 3415 Vision Insurance Premiums $14,500 Total Charges for Services $2,020,617 Interest 3611 Interest income $0 Total Interest $0 Contributions and transfers 3910 Transfer from general fund $300,000 Total Contributions and transfers $300,000 Total Revenue: $2,320,617 Expenses: Services 4151 Third party administrator $0 4152 Medical expenses $400,000 4153 Dental Expenses $35,000 4154 Health Savings Account Funding Expense $120,000 4155 Medical Insurance premiums $1,296,000 4156 Vision Insurance premiums $14,500 4157 Life Insurance premiums $5,000 4158 Employee Assistance Program $2,700 4159 TeleMedicine $3,700 4160 Bank charges and fees $0 4161 Wellness Program $12,000 4265 Transfer to Fund Balance $431,717 Total Services $2,320,617 Total Expenditures: $2,320,617 4/18/2019 40