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.
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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,
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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
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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.
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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
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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.
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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;
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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
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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
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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.
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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
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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;
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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
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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.
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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
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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.
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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.
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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.
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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.
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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)
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, 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.
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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
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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
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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.
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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.
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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
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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
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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).
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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
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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