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Home My Public Portal AboutPKT-CC-2021-10-12OCTOBER 12, 2021 SPECIAL CITY COUNCIL MEETING - 12:00 P.M. REGULAR CITY COUNCIL MEETING 7:00 P.M. ** THIS MEETING WILL BE HELD IN PERSON IN THE MOAB CITY COUNCIL CHAMBERS. ** ** MASKS AND SOCIAL DISTANCING REQUIRED ** City Council Chambers 217 East Center Street Moab, Utah 84532 Special City Council Meeting - 12:00 p.m. ag -cc -2021 -10 -12 special meeting.pdf Sanitary Sewer Rate Study Presentation and Workshop sanitary sewer rate study presentation and workshop agenda summary.pdf Regular City Council Meeting - 7:00 p.m. Call to Order and Pledge of Allegiance Citizens to Be Heard If you do not plan to attend in person but would still like to submit written comments for the Citizens to Be Heard portion of the meeting, please fill out the form found here: https://bit.ly/citizenstobeheard You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Presentations Presentation by Friends of the Moab Folk Festival - Cassie Paup Presentation by Moab Mosquito Abatement District - Michele Rehbein Administrative Reports Acting City Manager Updates Mayor and Council Reports Approval of Minutes September 28, 2021, Special Meeting min -cc -2021 -09 -28 special meeting draft.pdf September 28, 2021, Regular Meeting min -cc -2021 -09 -28 regular meeting draft.pdf New Business Proposed Resolution 33 -2021: To Formally Initiate Proceedings to Amend the Moab Municipal Code (MMC) Sections 17.45 R -2 Single -Household and Two - Household Residential Zone, 17.48 R -3 Multi -Household Residential Zone, 17.51 R -4 Manufactured Residential Zone to add a requirement that new residential development of more than 2 households be subject to a requirement that some of the units must qualify as active employment households and/or subject to deed restrictions regulating the use of the units as workforce housing Briefing and possible action cc agenda summary reso 33 -2021.pdf exhibit a housing development matrix 100721.pdf exhibit b proposed resolution 33 -2021 draft 10.7.2021.pdf Proposed Ordinance 2021 -16: An Ordinance Amending the Text of the Moab Municipal Code (MMC) to allow ADUs in all residential Zones subject to a revised Section 17.70 Accessory Dwelling Units and Section 17.06.020 Definitions Briefing and possible action adus cc agenda report 10.12.2021.pdf chapter 17.70 code amendments 10.6.2021 clean.pdf exhibit 2 hb0082.pdf Dispersed Parking Cooperative Agreement with UDOT dispersed parking project task order agenda summary.pdf attachment 1 - dispersed parking project task order.pdf Comment Letter for the United States Forest Service Manti -La Sal Forest Plan Revision Briefing and possible action usfs comment letter agenda summary.pdf council usfs scoping letter draft 10 -5 -21.pdf Proposed Resolution 32 -2021: A Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of Moab as Surplus Briefing and possible action agenda summary - resolution 32 -2021 surplus.pdf resolution 32 -2021 surplus property.pdf surplus list.pdf Approval of Bills Against the City of Moab July -September 2021 Financial Update jul-sep21 financial update for council.pdf Executive (Closed) Session Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals 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.moabcity.org 1. Documents: 1.1. Documents: 2. 3. 4. 5. 5.1. 5.2. 6. 6.1. 7. 8. 8.1. Documents: 8.2. Documents: 9. 9.1. Documents: 9.2. Documents: 9.3. Documents: 9.4. Documents: 9.5. Documents: 10. 10.1. Documents: 11. 11.1. 12. OCTOBER 12, 2021SPECIAL CITY COUNCIL MEETING - 12:00 P.M.REGULAR CITY COUNCIL MEETING 7:00 P.M.** THIS MEETING WILL BE HELD IN PERSON IN THE MOAB CITY COUNCIL CHAMBERS. **** MASKS AND SOCIAL DISTANCING REQUIRED **City Council Chambers217 East Center StreetMoab, Utah 84532Special City Council Meeting - 12:00 p.m.ag -cc -2021 -10 -12 special meeting.pdfSanitary Sewer Rate Study Presentation and Workshopsanitary sewer rate study presentation and workshop agenda summary.pdfRegular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceCitizens to Be HeardIf you do not plan to attend in person but would still like to submit written comments for the Citizens to Be Heard portion of the meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. PresentationsPresentation by Friends of the Moab Folk Festival - Cassie PaupPresentation by Moab Mosquito Abatement District - Michele RehbeinAdministrative Reports Acting City Manager Updates Mayor and Council Reports Approval of Minutes September 28, 2021, Special Meeting min -cc -2021 -09 -28 special meeting draft.pdf September 28, 2021, Regular Meeting min -cc -2021 -09 -28 regular meeting draft.pdf New Business Proposed Resolution 33 -2021: To Formally Initiate Proceedings to Amend the Moab Municipal Code (MMC) Sections 17.45 R -2 Single -Household and Two - Household Residential Zone, 17.48 R -3 Multi -Household Residential Zone, 17.51 R -4 Manufactured Residential Zone to add a requirement that new residential development of more than 2 households be subject to a requirement that some of the units must qualify as active employment households and/or subject to deed restrictions regulating the use of the units as workforce housing Briefing and possible action cc agenda summary reso 33 -2021.pdf exhibit a housing development matrix 100721.pdf exhibit b proposed resolution 33 -2021 draft 10.7.2021.pdf Proposed Ordinance 2021 -16: An Ordinance Amending the Text of the Moab Municipal Code (MMC) to allow ADUs in all residential Zones subject to a revised Section 17.70 Accessory Dwelling Units and Section 17.06.020 Definitions Briefing and possible action adus cc agenda report 10.12.2021.pdf chapter 17.70 code amendments 10.6.2021 clean.pdf exhibit 2 hb0082.pdf Dispersed Parking Cooperative Agreement with UDOT dispersed parking project task order agenda summary.pdf attachment 1 - dispersed parking project task order.pdf Comment Letter for the United States Forest Service Manti -La Sal Forest Plan Revision Briefing and possible action usfs comment letter agenda summary.pdf council usfs scoping letter draft 10 -5 -21.pdf Proposed Resolution 32 -2021: A Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of Moab as Surplus Briefing and possible action agenda summary - resolution 32 -2021 surplus.pdf resolution 32 -2021 surplus property.pdf surplus list.pdf Approval of Bills Against the City of Moab July -September 2021 Financial Update jul-sep21 financial update for council.pdf Executive (Closed) Session Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals 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.moabcity.org 1.Documents:1.1.Documents:2.3.4.5.5.1.5.2.6. 6.1. 7. 8. 8.1. Documents: 8.2. Documents: 9. 9.1. Documents: 9.2. Documents: 9.3. Documents: 9.4. Documents: 9.5. Documents: 10. 10.1. Documents: 11. 11.1. 12. OCTOBER 12, 2021SPECIAL CITY COUNCIL MEETING - 12:00 P.M.REGULAR CITY COUNCIL MEETING 7:00 P.M.** THIS MEETING WILL BE HELD IN PERSON IN THE MOAB CITY COUNCIL CHAMBERS. **** MASKS AND SOCIAL DISTANCING REQUIRED **City Council Chambers217 East Center StreetMoab, Utah 84532Special City Council Meeting - 12:00 p.m.ag -cc -2021 -10 -12 special meeting.pdfSanitary Sewer Rate Study Presentation and Workshopsanitary sewer rate study presentation and workshop agenda summary.pdfRegular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceCitizens to Be HeardIf you do not plan to attend in person but would still like to submit written comments for the Citizens to Be Heard portion of the meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. PresentationsPresentation by Friends of the Moab Folk Festival - Cassie PaupPresentation by Moab Mosquito Abatement District - Michele RehbeinAdministrative ReportsActing City Manager UpdatesMayor and Council ReportsApproval of MinutesSeptember 28, 2021, Special Meetingmin-cc -2021 -09 -28 special meeting draft.pdfSeptember 28, 2021, Regular Meetingmin-cc -2021 -09 -28 regular meeting draft.pdfNew BusinessProposed Resolution 33 -2021: To Formally Initiate Proceedings to Amend the Moab Municipal Code (MMC) Sections 17.45 R -2 Single -Household and Two -Household Residential Zone, 17.48 R -3 Multi -Household Residential Zone, 17.51 R -4 Manufactured Residential Zone to add a requirement that new residential development of more than 2 households be subject to a requirement that some of the units must qualify as active employment households and/or subject to deed restrictions regulating the use of the units as workforce housingBriefing and possible actioncc agenda summary reso 33 -2021.pdfexhibit a housing development matrix 100721.pdfexhibit b proposed resolution 33 -2021 draft 10.7.2021.pdfProposed Ordinance 2021 -16: An Ordinance Amending the Text of the Moab Municipal Code (MMC) to allow ADUs in all residential Zones subject to a revised Section 17.70 Accessory Dwelling Units and Section 17.06.020 DefinitionsBriefing and possible actionadus cc agenda report 10.12.2021.pdfchapter 17.70 code amendments 10.6.2021 clean.pdfexhibit 2 hb0082.pdfDispersed Parking Cooperative Agreement with UDOTdispersed parking project task order agenda summary.pdfattachment 1 - dispersed parking project task order.pdfComment Letter for the United States Forest Service Manti -La Sal Forest Plan RevisionBriefing and possible action usfs comment letter agenda summary.pdf council usfs scoping letter draft 10 -5 -21.pdf Proposed Resolution 32 -2021: A Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of Moab as Surplus Briefing and possible action agenda summary - resolution 32 -2021 surplus.pdf resolution 32 -2021 surplus property.pdf surplus list.pdf Approval of Bills Against the City of Moab July -September 2021 Financial Update jul-sep21 financial update for council.pdf Executive (Closed) Session Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals 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.moabcity.org 1.Documents:1.1.Documents:2.3.4.5.5.1.5.2.6.6.1.7.8.8.1.Documents:8.2.Documents:9.9.1.Documents:9.2.Documents:9.3.Documents:9.4.Documents: 9.5. Documents: 10. 10.1. Documents: 11. 11.1. 12. 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Emily S. Niehaus Tawny Knuteson-Boyd Rani Derasary Mike Duncan Karen Guzman- Newton Kalen Jones Mayor: Council: Memorandum To: Councilmembers and Media From: Mayor Emily S. Niehaus Date: 10/6/2021 Re: Special City Council Meeting The City of Moab will hold a Special Moab City Council Meeting on Tuesday, October 12, 2021, at 12:00 noon at City Hall Council Chambers, 217 E. Center St., Moab, Utah. The purpose of this meeting will be: 1. Sewer Rate Study Presentation One or more Council members may be participating remotely. Mayor Emily S. Niehaus 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. DocuSign Envelope ID: 5ACCD7E3-BD56-4E22-B9C8-D9431B84CAA9 Moab City Council Agenda Item Meeting Date: October 12, 2021 Title: Sanitary Sewer Rate Study Presentation and Workshop Disposition: Discussion Only Staff Presenter: Ben Billingsley, Finance Director Chuck Williams, City Engineer Obe Tejada, Wastewater Manager Attachment(s): N/A Recommended Motion: N/A Background/Summary: The City Council adopted a first time ever Sanitary Sewer Master Plan on Jan. 8th, 2018. The Master Plan included identification of Capital and Maintenance needs for the City’s sanitary sewer system, projected revenue needs including City monthly sewer rates and impact fees for all users of the system. The revenues versus costs were designed to balance over 10-years based on population growth forecasts, zoning, and projected revenues. However, things have changed since the Plan was adopted, including: 1. the overnight accommodation moratorium in 2019 which reduced projected revenues; 2. growth has occurred at a lower rate than projected; and 3. inflation was higher than expected. All of this has resulted in insufficient funds being generated in the Sanitary Sewer enterprise fund to meet system needs. The City has contracted with Bowen Collins & Associates and Zions Public Finance to conduct a sewer rate study that will allow the City to meet its financial obligations in the future. At the workshop we will provide an overview of the sanitary sewer problems the City faces, details on how the 2018 financial forecast was not achieved and review of alternative sewer rate structures to allow the City to maintain our sanitary sewer financial obligations and address the myriad problems our aged system faces. Page 1 of 1 September 28, 2021 MOAB CITY COUNCIL MINUTES--DRAFT SPECIAL MEETING September 28, 2021 Moab City Council held a Special Meeting on the above date. An audio recording is archived at utah.gov/pmn/index.html and a video recording is archived at youtube.com/watch?v=17YjtbWuY9A. Mayor Emily Niehaus called the Special Meeting to order at 4:06 p.m. Participating were Councilmembers Rani Derasary, Karen Guzman-Newton, Mike Duncan and Kalen Jones. Councilmember Tawny Knuteson-Boyd was not in attendance. City staff participating were Acting City Manager Carly Castle, Sustainability Director Mila Dunbar-Irwin and Recorder Sommar Johnson. Two members of the press attended. Market-based Solutions for Sustainable Cities—Presentation and Discussion Drawdown Fund Chief Executive Officer Erik Snyder led a discussion with Council and staff regarding strategies for improving the City’s carbon footprint and sustainability. Several ideas were deliberated including community composting, carbon offsets, regenerative agriculture, reusable cups, tourism surcharges and promoting tap water for drinking, as well as issues of political will. Electric-Ready Building Code Letter of Support—Approved Presentation and Discussion: Sustainability Director Dunbar-Irwin led a discussion regarding amendments to the building code to encourage all-electric construction, due to the environmental and health impacts of natural gas. Gray water amendments to the building code were also discussed. Motion and Vote: Councilmember Jones moved to approve the letter of support for electric ready amendments to the Building Code. Councilmember Duncan seconded the motion. The motion passed 4-0 aye, with Councilmembers Derasary, Duncan, Guzman-Newton and Jones voting in favor. Rocky Mountain Power Streetlight Conversion Project—Approved Presentation and Discussion: Sustainability Director Dunbar-Irwin led a discussion regarding streetlight conversions to provide safe lighting, including at several critical intersections, while addressing compliance with the Dark Sky Ordinance. Dunbar-Irwin explained the funding match by Rocky Mountain Power. The estimated cost to the City totals $92,701.49. Motion and Vote: Councilmember Duncan moved to approve the Rocky Mountain Power streetlight conversion project for the attached estimate for replacing 419 streetlight heads with Dark Sky compliant LED lights. Councilmember Jones seconded the motion. The motion passed 4-0 aye, with Councilmembers Derasary, Duncan, Guzman-Newton and Jones voting in favor. Adjournment: Councilmember Derasary moved to adjourn. Councilmember Guzman-Newton seconded the motion. The vote was unanimous and Mayor Niehaus adjourned the meeting at 6:00 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Page 1 of 6 September 28, 2021 MOAB CITY COUNCIL MINUTES--DRAFT REGULAR MEETING September 28, 2021 The Moab City Council held its Regular Meeting on the above date. An audio recording of the meeting is archived at www.utah.gov/pmn/index.html and a video recording is archived at www.youtube.com/watch?v=i276kS95UcM. Regular City Council Meeting: Mayor Emily Niehaus called the meeting to order at 7:04 p.m. Councilmembers Karen Guzman- Newton, Tawny Knuteson-Boyd, Mike Duncan, Rani Derasary and Kalen Jones attended. City staff participating included Acting City Manager Carly Castle, Administrative Assistant Kelley McInerney, Engineer Chuck Williams, Finance Director and Acting Deputy Manager Ben Billingsley, Planner Nora Shepard, Human Resources Director Dani Guerrero, Assistant Police Chief Brayden Palmer, Recorder Sommar Johnson and Parks, Recreation and Trails Director Annie McVay. Twenty persons were in the audience. Mayor Niehaus led the Pledge of Allegiance. Citizens to be Heard: Charlotte Mates spoke about a letter of intent needed for federal transit funds for fiscal year 2024. She urged the City to apply for the funds. Amy Walling stated she worked at Poison Spider bike shop and spoke in appreciation of expanded parking at Emma Boulevard. She brought up the difficulty for businesses regarding enforcement of the no parking zone on north Main Street. She said speeding vehicles create a dangerous problem and urged enforcement of traffic laws. Jayne May: I am a 40-year resident, a survivor of life-threatening violence, and a legally protected person. An African proverb councils that “You cannot heal what you conceal.” I realize that by speaking out there may be ramifications and risks, but by remaining silent, a greater risk grows in our community—especially the risk to other victims and those marginalized citizens who are afraid to tell their stories. I am left questioning what chance we have in this system as it currently stands, where leaders remain uncertain as to whether a problem truly exists, or not? Abuse is one trauma, but being engaged with a system that purposely denies and dismisses its failure creates a whole series of traumas. In addition, it is this trauma that compounds repeatedly by inaction in the face of needed change as it further endangers victims. Chief Edge ’s unwillingness to take action to investigate my life-threatening event, taking almost a week to return my calls to even discuss it, closing my case within hours of an arrest, and his refusal to reopen it for investigation even after I begged him to reconsider, was based on his mistaken position that my case was not in his jurisdiction. On July 1, 2020, I filed an Official Citizen’s Complaint per the policy of Moab City Police Department (MCPD) outlining violations to Violence Against Women, chest camera misuse, the lack of MCPD policy training, and even the public complaint policy itself. After 15 months, my complaint is uninvestigated and unanswered. City Council, Mayor, managers and attorney are each in possession of my complaint and are aware of its status. After being put off by city officials and their representatives these many months, I can only conclude that there is a concerted effort to protect Moab’s Chief of Police. This last December, I was asked by Carly Castle and Laurie Simonson to remain silent in order to have a fair investigation—to which I agreed. In April, Laurie informed my lawyer and me that they were just too busy to further investigate my complaint, and were sending it off to an outside investigator for completion. Page 2 of 6 September 28, 2021 Mayor and Council Members, you have an opportunity in tonight’s executive session to take decisive action for this community and those who enter court without hope for the kind of justice and due process that Judge Torgerson addressed in remarks from the bench that MCPD lacks quality oversight. I ask each of you to finally answer my complaint by taking meaningful action regarding the leadership at MCPD. I ask that you finally acknowledge the need for true leadership and safety; we need “serve and protect,” and oaths of office kept, that victims must go to court with something other than empty hands—and we especially must never be reduced to begging for protection. Thank you. Happy Morgan: I am here to speak to the issue of the improper and illegal use of chest cameras by Moab City police officers. As you know, the presiding district court judge recently dismissed a Moab City case, and stated on the record, "The problem with failure to properly use chest cameras is specific to the Moab City police department." How much more clear does it get than that? The Times-Independent headline that week read “MPD body camera misuse detrimental to fair process.” The judge stated that more cases would be dismissed if this were not corrected. In response to that, Chief Edge told the Times-Independent that he is unaware of any problems. The judge stated that this has been going on for a long time, and that it appears to stem from problems in leadership. I have filed a citizen complaint pursuant to City policy and procedure in the same case the judge was referring to when he made that statement. I am concerned the complaint will be ignored or swept under the carpet, as others have been in the past. I want to make clear that chest camera violations at MCPD are a chronic and dangerous problem and this was not an isolated incident. I work with eight law enforcement agencies currently, and this problem is only occurring at MCPD. Former Chief Jim Winder pulled the car cameras out of cars in 2017 and assigned officers chest cameras. This was a good move, as car cameras miss much of what happens on a call. However, almost immediately, problems began with the officers not properly using them. I complained in writing repeatedly to Winder starting in the summer of 2018 and throughout the rest of that year. I went so far as to pay to have a hearing transcribed (which I won because of illegal chest camera behavior) and sent to him to show what was going on with his officers violating the rules. He agreed in writing to fix this problem, but he did not, and neither did Edge who was his Assistant Chief at the time. In June of 2019, I had a case with MCPD where the body camera was improperly used (client J.L.). I wrote to Edge about it, and he agreed in writing to fix the problem. He did not. I GRAMA requested MCPD chest camera training logs for the three months after that incident and no training was done. In August of 2019, an MCPD officer arrested J.S. in Moab City; the officer improperly shut off his camera halfway through the encounter, and the recorded portions of the incident did not match the report. The case was dismissed. Edge was made aware of this. In September 2019 in the matter of the State vs. G.B., the same officer from the June 2019 incident I just mentioned did not use his camera properly in a felony domestic violence matter. After this incident, the victim (Ms. May) and I personally met with the Mayor and City Attorney in an effort to address the chest camera issue and other failures to follow policy by the police. Ms. May and I were assured in the meetings that corrective action would be taken, but no action was taken. Ms. May failed to get justice, so she filed a citizen complaint on July 1, 2020 and there has been no response. During 2020, a Moab city resident retained me to dispute a citation. The officer in that case (Chief Edge) did not activate his camera. In 2020, a Moab woman A.B. had her car illegally towed and impounded by MCPD. She received an improper citation, as she had not broken any laws. She hired me to dispute it; again, there was no chest camera activated. Again, I complained. This is just the tip of the iceberg, and now we are in the national spotlight for officers’ failure to follow policy. As part of your investigation into my complaint regarding the failure to properly use chest cameras, look at the August 12 incident, because there is something missing: two officers responded that day, Pratt and Robbins. Where is Pratt's camera? Every news agency in the United States has requested it and it has not been turned over. The time for Page 3 of 6 September 28, 2021 action is now, before anyone else gets hurt. Canyonlands Health Care Special Service District—Presentation Joette Langianese, Chair of Canyonlands Health Care Special Service District, and Colette Lyman, its Facility Administrator, gave an update to Council on the state of the Care Center, its financial position, COVID impacts, demographics of residents, and recent developments. Southeast Utah Group of the National Park Service—Presentation Arches National Park Superintendent Patty Trapp, along with Amy Tendick and Kate Thomas, gave a brief presentation regarding timed entry, site-specific reservations, and other happenings at the park. Administrative Reports: Acting City Manager Castle announced the Red Rock Arts Festival would occur in the coming week. She gave an update on the City’s well construction as well as impending construction on Mill Creek Drive. She noted the City had requested federal transit funds for the 2024 fiscal year. She stated Finance Director Billingsley would also serve as Acting Deputy Manager. Assistant Police Chief Palmer thanked Ms. May and Ms. Morgan for their comments during Citizens to be Heard. He gave a presentation and demonstration of a body-worn camera and noted he had provided Councilmembers with the local camera policy and the governing state statute. He outlined daily training bulletins and noted officers are required to review and respond to training scenarios daily. He stated that his staff do not object to wearing the cameras. He explained that video footage is uploaded to a server while camera batteries recharge at the end of a shift. He spoke about retention of video in the event of citizen complaints, and the utility of the mute function and circumstances surrounding the use of it. Councilmember Derasary asked about battery life. Palmer explained officers generally work a ten-hour shift and batteries are designed for such periods but they are capable of running out of a charge so cameras are replaced. He stated grant funding has provided ample cameras. Councilmember Duncan asked if officers might not be aware their cameras are muted and Palmer explained safeguards for that, although he conceded that human error is a major factor in body-worn cameras. He said that the manufacturer invests heavily every year to develop tools to eliminate the potential for human error and his agency is dedicated to that. He added that stress inoculation training is an important topic now. Palmer also spoke about internal affairs investigations and described the utility of such investigations and briefly touched on their potential scope, and contrasted them to internal reviews. He concluded by thanking Council for their questions and concerns. He said he supports every one of his officers and stated the men and women of MCPD serve the community out of love and that is what motivates the force--they love the people that they serve, they are service-oriented and believe in the mission, which is one of action and transparency. He stated he was grateful to the dedicated City staff who continue to support the police department. Mayor Niehaus thanked Palmer for his service and clarity. Mayor and Council Reports: Mayor Niehaus praised Acting Manager Castle for her service and thanked local candidates for their interest in public office. She mentioned a meeting with the Director of Mosquito Abatement. She announced upcoming activities for Indigenous Peoples’ Day and a local event regarding redistricting. Councilmember Duncan mentioned activities related to affordable housing. Councilmember Derasary stated she reviewed bids for the Visioning consultants and reported on a meeting of the Emergency Medical Services board. She said call volume was up twenty Page 4 of 6 September 28, 2021 percent over 2020. She thanked the hosts of the science festival and noted she would like to attend the upcoming meeting of the Colorado Association of Ski Towns (CAST), which discusses topics germane to Moab’s tourist economy. Councilmember Knuteson-Boyd reported on a meeting of the Museum Board. She announced a week with Katsina doll carvers in mid-October. She reported on a meeting of the Canyonlands Health Care Special Services District and noted the Deseret News had interviewed her. Councilmember Guzman-Newton reported on an in-person luncheon of the Chamber of Commerce, at which a representative of the National Park Service participated. She said the next Chamber board meeting would discuss Ranked-Choice Voting. She noted there was an open seat on the Chamber Board and the annual Business of the Year and Citizen of the Year awards were being planned. She stated she toured the Walnut Lane project with Councilmember Derasary. Councilmember Jones reported on a meeting of the solid waste district, at which a hazardous waste reclamation event was planned, and commingled recyclables were also discussed. Approval of Minutes: Motion and Vote: Councilmember Derasary moved to approve the minutes for the September 14, 2021 Regular Meeting. Councilmember Duncan seconded the motion. Councilmember Derasary stated she sent edits to the Recorder. The motion passed 5-0 with Councilmembers Derasary, Jones, Guzman-Newton, Knuteson-Boyd, and Duncan voting aye. Special Event Permit for Trunk-or-Treat—Approved Presentation: Administrative Assistant McInerney stated 1,000 to 1,500 participants and 40 vehicles were expected to attend the event at Swanny Park. Participant parking would be accommodated at the elementary school and nearby churches, with a crossing guard. She also added that portable toilets would be provided. Councilmember Jones requested that participating vehicles be parked on pavement against the curb to avoid damage to the turf, and Councilmembers Guzman-Newton and Derasary concurred with his request. Event organizers agreed to the terms, and noted one street would be closed to through traffic, allowing for pedestrian safety and emergency vehicles. Motion and Vote: Councilmember Guzman-Newton moved to approve a Special Event License for the 2021 Trunk-or-Treat event to be held in the City of Moab at Swanny Park with an amendment to restrict parking to the pavement. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye, with Councilmembers Knuteson-Boyd, Derasary, Duncan, Guzman-Newton and Jones voting in favor. Old Business: Dispersed Parking Cooperative Agreement—Approved Motion: Councilmember Jones moved to approve the Dispersed Parking Cooperative Agreement with the Utah Department of Transportation (UDOT) and authorize the Mayor to sign it. Councilmember Guzman-Newton seconded the motion. Discussion: Councilmember Derasary brought up discussion of the item at the August 24 meeting, at which time she asked the City Manager for clarity because it was discussed in terms of budgetary impacts and she recalled that the $400,000 item garnered a low priority from Council for paving Emma Boulevard and Minnie Lee Street. She said it was her expectation that the topic would again be discussed in view of available capital improvement funds. Other Councilmembers agreed that, by passing the budget, the expenditures for the project were also approved de facto. Councilmember Derasary stated that the issue had a long history, with the loss of parking for nearby businesses and the paving of Emma Boulevard, and she said she Page 5 of 6 September 28, 2021 understood the benefits to the businesses that lost parking but she emphasized the $400,000 cost. She said that, either way, there are winners and losers. Councilmember Jones asked whether fees for additional design were included and Engineer Williams stated he would present the added scope at the next Council meeting. Vote: The motion passed 4-1 aye, with Councilmembers Knuteson-Boyd, Duncan, Guzman- Newton and Jones voting in favor and Councilmember Derasary voting nay. Transit Pilot Cooperative Agreement—Approved Motion and Vote: Councilmember Duncan moved to approve the Transit Pilot Cooperative Agreement with UDOT and authorize the Mayor to sign it. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 aye, with Councilmembers Knuteson-Boyd, Derasary, Duncan, Guzman-Newton and Jones voting in favor. New Business: Lot Line Adjustment of Properties Located at 374 & 396 W 200 S—Approved Motion and Vote: Councilmember Derasary moved to approve Resolution #30-2021 – A Resolution Approving the Lot Line Adjustment of property located at 374 W 200 S, and 396 W 200 S, Moab UT. Councilmember Jones seconded the motion. The motion passed 5-0 aye, with Councilmembers Knuteson-Boyd, Derasary, Duncan, Guzman-Newton and Jones voting aye. Brewpubs, Breweries and Distilleries Code Amendments—Approved Presentation and Discussion: Planner Shepard mentioned the C-2 zone was brought up in the Planning Commission meeting. Discussion ensued regarding removing the C-2 zone in the proposed ordinance. Further deliberation considered adding the C-5 zone to the ordinance. Councilmember Derasary asked for clarification about definitions of micro-distilleries and distilleries, and the Shepard stated she would make the language consistent. Councilmembers agreed the proposed use would not be consistent with either C-2 or C-5 zones. Motion and Vote: Councilmember Derasary moved to adopt Ordinance #2021-12, An Ordinance Amending the Text of the Moab Municipal Code (MMC) to Add Regulation for Brewpubs, Breweries and Distilleries by Amending Sections 17.06 Definitions, 17.24.020 C-3 Central Commercial Zone, 17.27.020 C-4 General Commercial Zone, 17.31.020 RC Resort Commercial Zone and 17.36.020 Industrial Zone. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 aye, with Councilmembers Knuteson-Boyd, Derasary, Duncan, Guzman-Newton and Jones voting in favor. Purchasing Procedures Amendment—Approved Presentation and Discussion: Finance Director and Acting Deputy Manager Billingsley stated it is typical to allow for exceptions for professional service contracts because of immediate need and single source providers. He said that when very specific services are sought, the amendment would allow the City to use judgment to contract with the best service provider available. He added that, in the case of legal services, is it understandable why that is extremely important, due to expediency and technical knowledge. Billingsley added that many other municipalities provide for procurement exceptions. Councilmember Duncan asked if this type of procurement exception has resulted in examples of corruption. Billingsley noted the proposed amendment would not override any budgetary spending authority so the exposure for the City would be minimal. Councilmember Derasary also asked about the prospect of exceeding budgetary constraints if large law firms were engaged for multiple specialties to assist the City. Acting Manager Castle provided further clarification about controls on spending. Derasary also asked about whether it was considered best practice to switch legal counsel with regularity. Motion and Vote: Councilmember Jones moved to adopt Ordinance #17-2021 amending the City Purchasing Policy to allow an exception for legal service contracts. Councilmember Page 6 of 6 September 28, 2021 Guzman-Newton seconded the motion. The motion passed 5-0 aye, with Councilmembers Knuteson-Boyd, Derasary, Duncan, Guzman-Newton and Jones voting in favor. City Attorney Replacement—Discussion Acting Manager Castle brought up Councilmember Duncan’s query regarding the possibility of retaining legal counsel on a contract basis into the future, rather than hiring for an in-house position. Based on an economic and management analysis of the two choices, the recommendation was to proceed with a hiring process for an in-house attorney. Council agreed with that strategy. City Manager recruitment process—Discussion Mayor Niehaus stated that, due to the proximity of the election for a new Mayor and two new Councilmembers, she recommended posting the City Manager position and receiving applications, with a closing date after the election. She suggested convening a hiring committee that includes the continuing Councilmembers plus the newly elected Mayor and Councilmembers, after the election and, for timeliness, before they are sworn to office. She said this would create a collaborative effort between the continuing and incoming Council. She wanted to express the stability and assurance to staff that there is progress toward the goal of hiring a new City Manager. Human Resources Director Guerrero explained timeframe for reviewing the job description, gathering feedback from staff regarding the job description, posting the position and interviewing candidates. Councilmember Jones brought up the media focus on Moab at the present time and pondered whether to delay the posting of the job. Engaging a recruiting firm and keeping the job open until filled were also discussed. Approval of Bills Against the City of Moab: Motion and vote: Councilmember Knuteson-Boyd stated that an invoice was missed in the last batch of bills. She moved to approve the bills against the City of Moab in the amount of $1,582,228.69. Councilmember Derasary seconded the motion. The motion passed 5-0 with Councilmembers Jones, Duncan, Guzman-Newton, Derasary, and Knuteson-Boyd voting aye. Executive (Closed) Session: Motions and Votes: Councilmember Knuteson-Boyd moved to enter an Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals. Councilmember Duncan seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Mayor Niehaus convened the Executive Session at 10:10 p.m. Councilmember Derasary moved to end the Executive Session. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman- Newton voting aye. Mayor Niehaus ended the Executive Session at 11:16 p.m. Adjournment: Councilmember moved to adjourn the meeting. Councilmember Knuteson- Boyd seconded the motion. The motion passed unanimously and Mayor Niehaus adjourned the meeting at 11:17 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Moab City Council Agenda Report Resolution 33-2021 TO FORMALLY INITIATE PROCEEDINGS TO AMEND THE MOAB MUNICIPAL CODE (MMC) SECTIONS 17.45 SINGLE-HOUSEHOLD RESIDENTIAL ZONE, 17.48 MULTI-HOUSEHOLD RESIDENTIAL ZONE, 17.51 R-4 MANUFACTURED RESIDENTAIL ZONE TO ADD A REQUIREMENT THAT NEW RESIDENTIAL DEVELOPMENT OF MORE THAN 2 HOUSEHOLDS BE SUBJECT TO A REQUIREMENT THAT SOME OF THE UNITS MUST QUALIFY AS ACTIVE EMPLOYMENT HOUSEHOLDS AND/OR SUBJECT TO DEED RESTRICTIONS REGULATING THE USE OF THE UNITS AS WORKFORCE HOUSING Date of Report: October 6, 2021 Date of Meeting: October 12, 2021 Presenter: Nora Shepard, Planning Director Background As has been discussed in previous City Council meetings, the City is moving forward on various code amendments to support the construction or preservation of Workforce Housing. In the past year, the City has seen an uptick in applications for new multi- household development. Several townhome projects have moved forward in the R-3 Zone. The units that have been constructed are selling at prices that most employees cannot afford. There is no mechanism in our current code to protect existing housing stock, or to encourage or require workforce housing. Attached as Exhibit A is a summary chart of inquiries and that the Planning Department has received regarding multi-household housing. Proposed Resolution Attached as Exhibit B is a draft Resolution initiating code amendments in the residential zones. The primary purpose of this effort is to require or incentivize workforce housing with new developments. This process is expected to take many months and will include extensive public involvement. The initiation of the process means that any new applications received after the adoption of the Resolution may be subject to the new regulations. This can be in effe ct for 180 days. The language in the Resolution provides a summary of what the city intends is as follows: The Moab City Council directs staff to draft amendments to the Moab Municipal Code (MMC) Sections 17.45 R-2 Single Household and Two Household Residential Zone, 17.48 R-3 Multi-household Zone, and 17.51 R-4 Manufactured Residential Zone to add requirements that new residential development of more than two households be subject to a requirement that some of the units must qualify as Active Employment Household and/or be subject to deed restrictions regulating the use of the units as workforce housing. This shall include consideration that existing workforce units remain or be addressed on-site must as a part of the new development. MEMO Concept and Proposed Housing Developments in R-3 Zone and Other Zones Staff: Cory Shurtleff Date: 09/15/2021 Zone Title Application Size Type Restriction Existing Use Status R-3 3rd Street Townhomes By -Right, Townhome Plat 5 Unit Townhomes None Residential Approved R-3 Thompson Townhomes By -Right, Townhome Plat 6 Unit Townhornes None Undeveloped Approved R-3 "Multi -Household Development" Site Plan Application 9 Unit Townhornes None Undeveloped Proposed R-3 "Multi -Household Development" Site Plan Application 80 Unit Apartments None Residential Proposed R-3 "Multi -Household Development" Site Plan Application 40 Unit Bunkhouse, Apartments, Fourplex Employee Residential Concept R-3 "Multi -Household Development" Rezone -> Site Plan Application 175 Unit Townhornes, Condominiums 30% Local? Undeveloped Concept R-3 "Multi -Household Development" Site Plan Application 28 Unit Townhomes None Residential Concept R-3 "Multi -Household Development" Site Plan Application 60 Unit Apartments 10%-20% Affordable? Residential Concept R-4 Walnut Lane PAD PAD Site Plan Application 80 Unit Apartments PAD 37 Unit Manufactured Home Park, 27 Occupied Approved R-4 "Multi -Household Development" Site Plan Application 80 Unit Apartments None Residential Proposed C-4 "Multi -Household Development" Site Plan Application 24 Unit Apartments None Undeveloped Concept C-4 "Multi -Household Development" Site Plan Application 120+/- Unit Condominiums None Undeveloped Concept C-4 "Multi -Household Development" Site Plan Application 228 Unit Apartments Employee Undeveloped Concept New Units 949 Units CITY OF MOAB, UTAH CITY RESOLUTION NO. 33-2021 TO FORMALLY INITIATE PROCEEDINGS TO AMEND THE MOAB MUNICIPAL CODE (MMC) SECTIONS 17.45 R-2 SINGLE-HOUSEHOLD AND TWO-HOUSEHOLD RESIDENTIAL ZONE, 17.48 R-3 MULTI-HOUSEHOLD RESIDENTIAL ZONE, 17.51 R-4 MANUFACTURED RESIDENTAIL ZONE TO ADD A REQUIREMENT THAT NEW RESIDENTIAL DEVELOPMENT OF MORE THAN 2 HOUSEHOLDS BE SUBJECT TO A REQUIREMENT THAT SOME OF THE UNITS MUST QUALIFY AS ACTIVE EMPLOYMENT HOUSEHOLDS AND/OR SUBJECT TO DEED RESTRICTIONS REGULATING THE USE OF THE UNITS AS WORKFORCE HOUSING WHEREAS, Section 10-9a-509 of the Utah Code Annotated authorizes the City of Moab to initiate code amendments if the land use authority, on the record, formally finds that a compelling, countervailing public interest exists that would be violated if new applications are received and approved for new residential development under the current zoning regulations. WHEREAS, MMC 17.12.190 defines “formal initiation” means the earliest of 1) publication of a City Planning Commission or City Council agenda in which the amendments is subject of an agenda item or public hearing or 2) the effective date of a resolution by the City Council stating that the City has formally initiated an amendment to the land use regulations. WHEREAS, 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. WHEREAS, the City has also adopted the 2016 Moab Area Affordable Housing Plan, the City and other agencies have implemented many of the Plan’s recommendations, and the City is in the process of reviewing additional barriers to the construction of housing in the community. WHEREAS, the City Council is in support of eliminating barriers to increasing the inventory of workforce housing. WHEREAS, the stock of workforce housing in Moab is being replaced by new townhomes and condominiums that are not affordable for Workforce Housing and are being built for the second home market. WHEREAS, persons employed in Moab are unable to afford housing given current wage and housing trends. WHEREAS, the cost of housing has become increasingly unaffordable, with a median home prices have increased 22% from last year from $400,000 to $490,000, which is unsupportable by the annual household median income of $52,000. WHEREAS. the lack of affordable housing can result in crowding, undesirable living conditions, lack of funds available for other basic needs, and a decrease in the quality of life for Moab workers and their families. WHEREAS, the supply of rental units available for workforce housing are at an all time low. WHEREAS, the Moab City Planning Department has received application or inquiries for numerous multi-household projects on parcels that currently contain affordable Workforce Housing that will be removed and replaced by higher-finish market units that are unaffordable for the Moab area workforce. WHEREAS, there are many parcels in Moab that are underutilized and property owners are selling the properties to developers who intend to remove existing workforce housing units and replace them with market-rate units that are not affordable for workforce housing. WHEREAS, employers in and around Moab are unable to hire employees because of this lack of affordable Workforce Housing. WHEREAS, the City finds that there is a countervailing public interest to adopt this resolution to initiate a review of the residential zoning districts because market conditions are not supplying the needed numbers of affordable housing units for Moab . WHEREAS, this process is one of many strategies being considered by the City of Moab to address our workforce housing needs. NOW, THEREFORE BE IT RESOLVED that the Moab City Council is initiating amendments to the residential zones in Moab as to ensure that new development includes Workforce Housing in the project and that existing workforce housing units are maintained or replaced. The Moab City Council directs staff to draft amendments to the Moab Municipal Code (MMC) Sections 17.45 R-2 Single Household and Two Household Residential Zone, 17.48 R-3 Multi-household Zone, and 17.51 R-4 Manufactured Residential Zone to add requirements that new residential development of more than two households be subject to a requirement that some of the units must qualify as Active Employment Household and/or be subject to deed restrictions regulating the use of the units as workforce housing. This shall include consideration that existing workforce units remain or be addressed on-site must as a part of the new development. City Council Discussion and Possible Approval of ORDNANCE 2021-16 An Ordinance Amending the Text of the Moab Municipal Code (MMC) to Revise Section 17.70 Accessory Dwelling Units (ADUs) and Section 17.06.020 Definitions To: Moab City Council Staff: Nora Shepard, Planning Director Date: October 12, 2021 Applicant: City Initiated Code Amendments Attachments: Exhibit 1: Ordinance 2021-16 approving text amendments to revise section 17.70 Accessory Dwelling Units and Section 17.06.020 Definitions Exhibit 2: House Bill 82, as adopted Public Hearing and Potential Actions: Exhibit 1 is the draft Ordinance 2021-16 amending the Moab Municipal Code (MMC) to address Accessory Dwelling Units (ADUs). The ordinance breaks ADUs into to two types, Internal ADUs (IADUs) and External ADUs (EADUs). This distinction was made because of the passage of HB 82 by the State Legislature. HB 82 addresses only IADUs. The City Council is being asked to discuss and consider approving Ordinance 2021 -16 The options for action include: 1. Approve Ordinance 2021-16 without or without changes; or 2. Continue the item with specific direction to staff as to additional information that may be needed to make a decision or to make changes to the draft ordinance prior to action; or 3. Deny Ordinance 20210-16 Potential Motion to Approve the Ordinance: I move to approve Ordinance 2021-16 An Ordinance Amending the Text of the Moab Municipal Code (MMC) to Allow ADUs in all Residential Zone Districts and to Revise Section 17.70 Accessory Dwelling Units (ADUs) and Section 17.06.020 Definitions Background: The reasons for the City initiating changes to the ADU section of the MMC are two-fold. 1. The Utah State Legislature recently passed HB 82 Single Family Housing Modifications. This legislation addresses zoning and building provisions relating to Internal ADUs (IADUs). A copy of HB82 is attached (Exhibit 2) for your use. 2. The other reason is to remove regulatory barriers for ADUs by modifying some of the development standards that are currently in City Code. Revisions/Updates to Further Remove Regulatory Barriers In 2018, the MMC was amended to better regulate ADUs. This effort was one piece of an on-going effort to encourage employee housing and to remove regulatory barriers to building employee housing. The current regulations allow ADUs as a permitted use (requiring only a building permit) in the R-1, R-2, R-3, R-4 and RA-1 Zones. There are standards and criteria that apply to ADUs. It has been a few years since these provisions have been adopted and it is appropriate to reevaluate them based the experience over the last 4 years. Points of Discussion: The Planning Commission discussed potential amendments at two work sessions, a Public Hearing and another session to refine the amendments . The Planning Commission discussed, among other things: • The City has the option to require that ADUs are only allowed in association with a primary residential use. In other words, the main home on the property would have to be owner occupied. The Planning Commission discussed not adding this a requirement, but ultimately recommended to keep this primary residential requirement for IADUs only. The draft would allow EADUs to be built regardless of the occupancy of the main home on the property . • The current standards state that the front yard setback for an ADU shall be at least equal to the plane of the front wall of the principal structure. The Planning Commission discussed eliminating this and allow ADUs in the front yard, if they meet the code required setback. • Building height can be a barrier to construction. The MMC currently states: An accessory dwelling may be constructed above a garage and consist of the same floor area; provided, that it shall not protrude beyond any ground floor wall an d shall not consist of more than one story above the ground floor. The overall structure shall not exceed twenty feet in height. The Planning Commission discussed modification to allow additional building height if the ADU meets the zone required setbacks. The draft Ordinance allows for additional height if the code required setbacks are met. • The code requires setbacks consistent with the underlying zoning. The draft ordinance allows for reduced side and rear setbacks if an ADU is 20ft in height or under. The minimum setback would be 5 feet from the property line and 10 feet from an adjacent structure, even if that structure is on an adjacent lot. This provision is included to satisfy fire code. The Building Of ficial will allow decreasing that separation if other fire suppression methods are put in place. • Size – the new state law does not allow us to regulate the size of an internal ADU. The Planning Commission discussed sizes of EADUs. The draft states that an EADU maximum floor area is 1,200 square feet. If the EADU is on a lot that is greater than 20,000 sf, the ADU maximum size could be increased to 1,500 square feet. • Currently, the MMC does not allow more than 1 ADU per lot. The Planning Commission discussed allowing multiple ADUs per lot. The Commission considered allowing multiple units in the R-3. Having additional units in the R-2 could result in a significant change in residential character. After significant discussion, the recommendation is to allow only 1 EADU on parcels or lots less than 20,000 square feet. Lots that are 20,000 square feet in size or more can build up to 2 EADUs. • Deed Restriction – the current restriction prohibits the use of an ADU as a nightly rental. That provision should be maintained. It is recommended that the Deed Restriction be modified to require occupancy by “Active employment household” or “actively employed household.” A definition of Active employment household is being proposed as follows: “a household with at least one adult who meets one of the following criteria; provided, however, where there are unrelated individuals living together in one household, at least 50 percent of all the adults comprising the household shall meet one of the following criteria: 1. A full-time (aggregate of 30 hours of employment per week) employee of an entity or entities located within Grand County; or 2. An owner or owner’s representative of a business or entity with a primary place of business within Grand County; or 3. A full-time (aggregate of 30 hours of employment per week for nine months out of each calendar year) worker who is self-employed or works out of their home must provide their entire list of clients/workload so that it can be verified that a minimum of 75 percent of their work/clients are based within Grand County. 4. A person who is unable to work or does not have a work history required under subsections A.1 through 3 of this section due to a disability; or 5. A retiree with a work history required under subsections 1 through 3 of this section for the five years prior to retirement. HB 82 As mentioned above, the State Legislature adopted HB 82 addressing zoning and building provisions for “Internal ADUs.” Amendments must be made to the MMC to be consistent with this legislation. Attached as Exhibit 2 is a copy of the legislation. The legislation does not address separate or exterior ADUs. In Summary, HB 82 • modifies and defines terms applicable to municipal and county land use development and management. • allows a municipality or county to punish an individual who lists or offers a certain licensed or permitted accessory dwelling unit as a short-term rental; • allows municipalities and counties to require specified physical changes to certain accessory dwelling units in any single-family residential land use zone: ✓ requires municipalities and counties to classify certain accessory dwelling units as a permitted land use; and ✓ prohibits municipalities and counties from establishing restrictions or requirements for certain accessory dwelling units with limited exceptions; • allows a municipality or county to hold a lien against real property containing certain accessory dwelling units in certain circumstances; • provides for statewide amendments to the International Residential Code related to accessory dwelling units; • requires the executive director of the Olene Walker Housing Loan Fund to establish a two-year pilot program to provide loan guarantees for certain loans related to accessory dwelling units; • prevents a homeowner’s association from prohibiting the construction or rental of certain accessory dwelling units; and • makes technical and conforming changes. Potential Amnesty The Planning Department and the Planning Commission are discussing whether we should allow an Amnesty period for existing ADUs that are not currently permitted but exist illegally. We know that there are numerous cases of this. The intent is to allow those units to continue to be used and legalized as ADUs. The idea is that property owners could apply for Amnesty for existing units. If they meet all the requirements of MMC 17.70, they could be granted approval as an ADU. If they do not meet all of the criteria, the City would entertain an upgrade schedule, presented by the owner and approved by the City, addressing any Zoning or Building deficiencies. This idea is not incorporated into the draft Ordinance 2021-16. If the City Council agrees with this concept, the Planning Staff will initiate such a code change. CITY OF MOAB, UT ORDINANCE 2021-16 An Ordinance Amending the Text of the Moab Municipal Code (MMC) to allow ADUs in all residential Zones subject to a revised Section 17.70 Accessory Dwelling Units and Section 17.06.020 Definitions DRAFT 10.4.2021 as recommended by Planning Commission WHEREAS, the City has enacted Title 17 Zoning, of the Moab Municipal Code (‘MMC”) that governs land use and development within the City Limits. WHEREAS, from time to time the City undertakes revisions of Title 17.00 to improve the quality of land development and align the Code with state law and contemporary planning concepts. WHEREAS, the City finds that this Ordinance will serve the public health, safety, and welfare, and that adoption is in the best interests of the Moab community. WHEREAS, the Utah State Legislature adopted House Bill 82 in the 2021 Legislative Session that requires communities to allow Indoor Accessory Dwelling Units as a permitted use. WHEREAS, amendments to the MMC were necessary to comply with HB 82. WHEREAS, at the same time, Moab is experiencing a critical shortage of employee and workforce housing. WHEREAS, the city currently allows ADUs as a permitted use in all residential zones, but some of the requirements have become barriers to construction. WHEREAS, it is better planning practice to encourage infill in order to reduce sprawl. WHEREAS, since the City had to amend Chapter 17.70 to comply with the new state law, there was an opportunity to remove some of the barriers to encourage more ADUs for employees and the workforce. WHEREAS, it is the intent of the City Council that ADUs be used for employee/workforce housing, a family member, or a full-time retiree. The intent is not for ADUs to be used as second homes. NOW, THEREFORE BE IT ORDAINED that the Moab City Council hereby approves Text Amendments as follows: SECTION 1. AMEND CHAPTER 17.70 ACCESSORY DWELLLING UNITS AS FOLLOWS: 17.70.010 Purpose. Accessory dwelling units are encouraged as dwellings for persons to increase affordable housing opportunities in the R-1, R-2, R-3, R-4, and RA-1 residential zones. 17.70.020 Types of ADUs There are two types of ADUs permitted in Moab, Internal ADUs (IADU) and External ADUs (EADUs). A. Internal Accessory Dwelling Units (IADUs) means an accessory dwelling unit created: 1. within a primary dwelling; 2. within the footprint of the primary dwelling; and 3. for the purpose of offering a long-term rental (30 consecutive days or longer) for Active employment households or family members. The intent of ADUs is not to provide additional second home opportunities. B. External Accessory Dwelling Units (EADUs) means an accessory dwelling created: 1. on the same parcel or lot that contains a single household dwelling; 2. separate from the single household dwelling; 3. The purpose of ADUs is to create units that are for Active employment households or family members. 4. The intent of ADUs is not to provide additional second home opportunities. 5. offering a long-term rental of 30 consecutive days or longer C. Other Definitions 1. Primary dwelling means a single Household unit that: a. is detached; and b. is occupied as the primary residence of the owner of record 2. Rental Dwelling means a building or portion of a building that is: a. Used or designated for use as a residence by one or more persons; and b. Available to be rented, loaned, leased or hired out for a period of one month or longer; or c. Arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer. 17.70.030 Internal ADUs (IADUs) A. Permitted Use. IADUs shall be considered a permitted use in the RA-1 Residential-Agricultural Zone, R-1 Single-Household Residential Zone, R-2 Single-Household and Two-Household Residential Zone, R-3 Multi-Household Residential Zone, and R-4 Manufactured Housing Residential Zone. B. Restrictions. The City may not establish restrictions on the construction or use of an IADU, including IADU size within the primary dwelling, total lot size, or street frontage. C. IADU Requirements. The following requirements apply to all IADUs: 1.IADUs must include the code required bedroom window egress, installation of a separate water utility meter is prohibited, 2. IADUs must be designed to maintain the appearance of the primary dwelling, 3. IADUs require one additional on-site parking space, 4. IADUs require a Letter of Zoning Compliance prior to building permit issuance. 5. IADUs are not allowed if the primary dwelling is served by a failing septic tank, 6. IADUs cannot be rented for a period less than 30 consecutive days, and 7. IADUs are allowed only in owner-occupied primary dwellings. D. Criteria for Approval. The following provisions are intended to facilitate accessory dwellings while minimizing land use conflicts and environmental degradation: The following criteria must be established prior to building permit issuance: 1. Size. There is no maximum size for IADUs 2. Parking. One on-site parking space shall be provided in addition to the underlying parking requirement. The parking space may be provided in tandem if the existing driveway length exceeds thirty-five feet as measured from the property line. 3. Accessory Dwellings Per Lot. No more than one Internal accessory dwelling may be located within a Single Household Dwelling. 4. Property to Remain Undivided. Properties with accessory dwelling permits shall remain recorded as one lot. 5. Subdivision of Property. The accessory dwelling shall not be sold. 6. Deed Restriction. A deed restriction must be filed with the county recorder which states: “A permit for an accessory dwelling was issued to ________, the current owner of this property on ________. The owner shall strictly adhere to the prohibition of the use of the accessory dwelling as nightly or short-term rental.” Modified deed restriction language may be proposed by the City 7. Nightly Rentals. Accessory dwellings are intended for long-term rental of 30 days or more, to the same individual, and may not be used for nightly rentals. (Ord. 18-20 (part), 2018; Ord. 18-01 (part), 2018; Ord. 12-05 (part), 2012. Formerly 17.69.030) 17.070.040 External ADUs (EADUs) A. Permitted Use. EADUs shall be considered a permitted use in the R-1 Single- Household Residential Zone, R-2 Single-Household and Two-Household Residential Zone, R-3 Multi-Household Residential Zone, and R-4 Manufactured Housing Residential Zone. B. EADU Requirements 1. EADUs shall not occupy more than twenty-five percent of any rear of side yard. 2. The setbacks for an accessory dwelling shall be what is allowed in the Zoning District within which the EADU is located. The side setback can be reduced to 5 feet, if the EADU does not exceed a building height of 20 feet. The rear setback can be reduced to 5 feet if the EADU does not exceed a building height of 20 feet. In addition, a minimum separation between and EADU and any adjacent structures must be 10 feet, even if that structure is on an adjoining lot. The Building Official may waive or modify this requirement if adequate fire separation can be achieved by other means. Where pre-existing structures meet the development standards of this chapter, the original structure may be designated as the accessory dwelling. 3. An accessory dwelling shall not be constructed prior to the principal structure, except in cases where new home construction has been permitted. An EADU may be permitted prior to construction of the single household dwelling for purposes of living on-site during the construction of the single household dwelling 4. An accessory dwelling may be constructed above a detached garage and consist of the same floor area; provided, that it shall not protrude beyond any ground floor wall and shall not consist of more than one story above the ground floor. The overall structure shall not exceed 30 feet if all zone required setbacks are met. If the structure encroaches into a side or rear setback, the maximum height shall be 20 feet. 5.. Any request for Accessory Dwelling Units within residential zones shall be reviewed for compliance with the standards in this chapter and approved b y city staff. A letter of compliance shall be issued to the applicant by the Zoning Administrator prior to issuance of a building permit. C. Criteria for Approval The following criteria must be established prior to building permit issuance: 1. Size. The maximum size for accessory living quarters shall be no more than twelve hundred (1200) square feet. Lots larger than 20,000 square feet in size may increase the maximum to fifteen hundred (1500) square feet. The minimum size for an ADU is three hundred and fifty square feet. 2. Parking. One on-site parking space shall be provided in addition to the underlying parking requirement. The parking space may be provided in tandem if the existing driveway length exceeds thirty-five feet as measured from the property line. 3. Accessory Dwellings Per Lot. One (1) ADU may be permitted on a parcels up to 20,000 square feet. Parcels that are greater than 20,000 square feet may apply for a maximum of two (2) ADUs. All EADUs shall meet the requirements and standards outlined in this Chapter. 4. Property to Remain Undivided. Properties with accessory dwelling permits shall remain recorded as one lot. 5. Subdivision of Property. The accessory dwelling shall not be sold. 6. Deed Restriction. A deed restriction must be filed with the county recorder which states: “A permit for an accessory dwelling was issued to ________, the current owner of this property on ________. The owner shall strictly adhere to the prohibition of the use of the accessory dwelling as nightly or short-term rental.” 7. Nightly Rentals. Accessory dwellings are intended for long-term rental of 30 days or more, to the same individual, and may not be used for nightly rentals 17.70.050 Enforcement--Revocation of permit. A. Process for Revocation: If the owner of the property violates any of the provisions of this Chapter, the City may revoke the accessory dwelling permit for noncompliance. In addition to any other legal or equitable remedies, Moab City may hold a lien against a property that contains an internal accessory dwelling unit if: as follows: 1. The City provides a written notice of violation 2. The City holds a hearing and determines that the violation has occurred . if the owner files a written objection 3. The owner fails to cure the violation within the time period prescribed in the written notice of violation 4. The City provides a written notice of lien with the county recorder. The written notice of violation shall a. Describe the specific violation b. Provide the owner of the accessory dwelling unit a reasonable opportunity to cure the violation no less than 14 days after the day on which the City notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than 30 consecutive days or no less than 30 days after the day on which the City sends the written notice of violation, for any other violation c. State that if the owner of the property fails to cure the violation within the time period, the City may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires d. Notify the owner of the property that the owner may file a written objection to the violation within 14 days after the day on which the written notice of violation is post-marked or posted on the property; and of the name and address of the municipal office where the owner may file the written objection to be mailed to the property’s owner of record; any other individuals designated to receive notice in the owner’s license or permit records e. Posted on the property f. The written notice of lien shall state that the property is subject to a lien, specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the property's owner of record; and any other individual designated to receive notice in the owner's license or permit record and be posted on the property. 5. If an owner of property files a written objection in accordance with Subsection the City shall: a. hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act, to conduct a review and determine whether the specific violation described in the written notice of violation under has occurred; and b. notify the owner in writing of the date, time, and location of the hearing. The hearing notice shall be sent no less than 14 days before the day on which the hearing is held. 6. If an owner of property files a written objection the City may not record a lien until the City holds a hearing and determines that the specific violation has occurred. 7. If the City determines at the hearing that the specific violation has occurred, the City may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired. 8. If an owner cures a violation within the time period prescribed in the written notice of violation the City may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation. SECTION 2. AMENDMENTS TO MMC CHAPTER 17.06 DEFINITIONS ADDING OR MODIFYING DEFINITIONS OF: A. Internal Accessory Dwelling Units (IADUs) means an accessory dwe lling unit created: 1. within a primary dwelling; 2. within the footprint of the primary dwelling; and 3. for the purpose of offering a long-term rental (30 consecutive days or longer) for Active employment households or family members. The intent of ADUs is not to provide additional second home opportunities. B. External Accessory Dwelling Units (EADUs) means an accessory dwelling created: 1. on the same parcel or lot that contains a single household dwelling; 2. separate from the single household dwelling; 3. The purpose of ADUs is to create units that are for Active employment households or family members. 4. The intent of ADUs is not to provide additional second home opportunities. 5. offering a long-term rental of 30 consecutive days or longer C. Primary dwelling means a single Household unit that: 1. is detached; and 2. is occupied as the primary residence of the owner of record D. Rental Dwelling means a building or portion of a building that is: 1. Used or designated for use as a residence by one or more persons; and 2. Available to be rented, loaned, leased or hired out for a period of one month or longer; or 3. Arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer. E. “Accessory dwelling unit” (ADU, granny-flat, mother-in-law-apartment) means a habitable living unit added to, created within, or detached from a primary one -unit single-household dwelling, and includes separate cooking, sleeping, and bathroom facilities. An ADU does not constitute a two-household dwelling. F. “Active employment household” or “actively employed household” means a household with at least one adult who meets one of the following criteria; provided, however, where there are unrelated individuals living together in one household, at least 50 percent of all the adults comprising the household shall meet one of the following criteria: 1. A full-time (aggregate of 30 hours of employment per week) employee of an entity or entities located within Grand County; or 2. An owner or owner’s representative of a business or entity with a primary place of business within Grand County; or 3. A full-time (aggregate of 30 hours of employment per week for nine months out of each calendar year) worker who is self-employed or works out of their home must provide their entire list of clients/workload so that it can be verified that a minimum of 75 percent of their work/clients are based within Grand County. 4. A person who is unable to work or does not have a work history required under subsections A.1 through 3 of this section due to a disability; or 5. A retiree with a work history required under subsections A.1 through 3 of this section for the five years prior to retirement. SECTION 3: MODIFY LANGUAGE IN ALL RESIDENTIAL ZONES as follows: A. Permitted uses 1. Accessory dwelling units as per Chapter 17.70. Both External and Internal ADUs are permitted PASSED by the City Council in a public meeting on _____________ by the following vote: MOAB CITY COUNCIL: Those voting aye:_____________________________________ Those voting nay:____________________________________ Those abstaining: ___________________________________ Those absent:_______________________________________ __________________________________________________________ Emily Niehaus, Mayor Date ATTEST:______________________________________________________ Sommar Johnson, Clerk/Recorder Enrolled Copy H.B. 82 1 SINGLE-FAMILY HOUSING MODIFICATIONS 2 2021 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Raymond P. Ward 5 Senate Sponsor: Jacob L. Anderegg 6 7 LONG TITLE 8 General Description: 9 This bill modifies provisions related to single-family housing. 10 Highlighted Provisions: 11 This bill: 12 <modifies and defines terms applicable to municipal and county land use 13 development and management; 14 <allows a municipality or county to punish an individual who lists or offers a certain 15 licensed or permitted accessory dwelling unit as a short-term rental; 16 <allows municipalities and counties to require specified physical changes to certain 17 accessory dwelling units; 18 <in any single-family residential land use zone: 19 C requires municipalities and counties to classify certain accessory dwelling units 20 as a permitted land use; and 21 C prohibits municipalities and counties from establishing restrictions or 22 requirements for certain accessory dwelling units with limited exceptions; 23 <allows a municipality or county to hold a lien against real property containing 24 certain accessory dwelling units in certain circumstances; 25 <provides for statewide amendments to the International Residential Code related to 26 accessory dwelling units; 27 <requires the executive director of the Olene Walker Housing Loan Fund to establish 28 a two-year pilot program to provide loan guarantees for certain loans related to 29 accessory dwelling units; H.B. 82 Enrolled Copy - 2 - 30 <prevents a homeowners association from prohibiting the construction or rental of 31 certain accessory dwelling units; and 32 <makes technical and conforming changes. 33 Money Appropriated in this Bill: 34 None 35 Other Special Clauses: 36 This bill provides a special effective date. 37 Utah Code Sections Affected: 38 AMENDS: 39 10-8-85.4, as enacted by Laws of Utah 2017, Chapter 335 40 10-9a-505.5, as last amended by Laws of Utah 2012, Chapter 172 41 10-9a-511.5, as enacted by Laws of Utah 2015, Chapter 205 42 15A-3-202, as last amended by Laws of Utah 2020, Chapter 441 43 15A-3-204, as last amended by Laws of Utah 2016, Chapter 249 44 15A-3-206, as last amended by Laws of Utah 2018, Chapter 186 45 17-27a-505.5, as last amended by Laws of Utah 2015, Chapter 465 46 17-27a-510.5, as enacted by Laws of Utah 2015, Chapter 205 47 17-50-338, as enacted by Laws of Utah 2017, Chapter 335 48 35A-8-505, as last amended by Laws of Utah 2020, Chapter 241 49 57-8a-209, as last amended by Laws of Utah 2018, Chapter 395 50 57-8a-218, as last amended by Laws of Utah 2017, Chapter 131 51 ENACTS: 52 10-9a-530, Utah Code Annotated 1953 53 17-27a-526, Utah Code Annotated 1953 54 35A-8-504.5, Utah Code Annotated 1953 55 56 Be it enacted by the Legislature of the state of Utah: 57 Section 1. Section 10-8-85.4 is amended to read: Enrolled Copy H.B. 82 - 3 - 58 10-8-85.4. Ordinances regarding short-term rentals -- Prohibition on ordinances 59 restricting speech on short-term rental websites. 60 (1) As used in this section: 61 (a) "Internal accessory dwelling unit" means the same as that term is defined in Section 62 10-9a-511.5. 63 [(a)] (b) "Residential unit" means a residential structure or any portion of a residential 64 structure that is occupied as a residence. 65 [(b)] (c) "Short-term rental" means a residential unit or any portion of a residential unit 66 that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 67 30 consecutive days. 68 [(c)] (d) "Short-term rental website" means a website that: 69 (i) allows a person to offer a short-term rental to one or more prospective renters; and 70 (ii) facilitates the renting of, and payment for, a short-term rental. 71 (2) Notwithstanding Section 10-9a-501 or Subsection 10-9a-503(1), a legislative body 72 may not: 73 (a) enact or enforce an ordinance that prohibits an individual from listing or offering a 74 short-term rental on a short-term rental website; or 75 (b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge, 76 prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term 77 rental on a short-term rental website. 78 (3) Subsection (2) does not apply to an individual who lists or offers an internal 79 accessory dwelling unit as a short-term rental on a short-term rental website if the municipality 80 records a notice for the internal accessory dwelling unit under Subsection 10-9a-530(6). 81 Section 2. Section 10-9a-505.5 is amended to read: 82 10-9a-505.5. Limit on single family designation. 83 (1) As used in this section, "single-family limit" means the number of [unrelated] 84 individuals allowed to occupy each residential unit that is recognized by a land use authority in 85 a zone permitting occupancy by a single family. H.B. 82 Enrolled Copy - 4 - 86 (2) A municipality may not adopt a single-family limit that is less than: 87 (a) three, if the municipality has within its boundary: 88 (i) a state university; or 89 (ii) a private university with a student population of at least 20,000; or 90 (b) four, for each other municipality. 91 Section 3. Section 10-9a-511.5 is amended to read: 92 10-9a-511.5. Changes to dwellings -- Egress windows. 93 (1) [For purposes of] As used in this section[, "rental]: 94 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created: 95 (i) within a primary dwelling; 96 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the 97 time the internal accessory dwelling unit is created; and 98 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer. 99 (b) "Primary dwelling" means a single-family dwelling that: 100 (i) is detached; and 101 (ii) is occupied as the primary residence of the owner of record. 102 (c) "Rental dwelling" means the same as that term is defined in Section 10-8-85.5. 103 (2) A municipal ordinance adopted under Section 10-1-203.5 may not: 104 (a) require physical changes in a structure with a legal nonconforming rental dwelling 105 use unless the change is for: 106 (i) the reasonable installation of: 107 (A) a smoke detector that is plugged in or battery operated; 108 (B) a ground fault circuit interrupter protected outlet on existing wiring; 109 (C) street addressing; 110 (D) except as provided in Subsection (3), an egress bedroom window if the existing 111 bedroom window is smaller than that required by current State Construction Code; 112 (E) an electrical system or a plumbing system, if the existing system is not functioning 113 or is unsafe as determined by an independent electrical or plumbing professional who is Enrolled Copy H.B. 82 - 5 - 114 licensed in accordance with Title 58, Occupations and Professions; 115 (F) hand or guard rails; or 116 (G) occupancy separation doors as required by the International Residential Code; or 117 (ii) the abatement of a structure; or 118 (b) be enforced to terminate a legal nonconforming rental dwelling use. 119 (3) (a) A municipality may not require physical changes to install an egress or 120 emergency escape window in an existing bedroom that complied with the State Construction 121 Code in effect at the time the bedroom was finished if: 122 [(a)] (i) the dwelling is an owner-occupied dwelling or a rental dwelling that is: 123 [(i)] (A) a detached one-, two-, three-, or four-family dwelling; or 124 [(ii)] (B) a town home that is not more than three stories above grade with a separate 125 means of egress; and 126 [(b) (i)] (ii) (A) the window in the existing bedroom is smaller than that required by 127 current State Construction Code; and 128 [(ii)] (B) the change would compromise the structural integrity of the structure or could 129 not be completed in accordance with current State Construction Code, including set-back and 130 window well requirements. 131 (b) Subsection (3)(a) does not apply to an internal accessory dwelling unit. 132 (4) Nothing in this section prohibits a municipality from: 133 (a) regulating the style of window that is required or allowed in a bedroom; 134 (b) requiring that a window in an existing bedroom be fully openable if the openable 135 area is less than required by current State Construction Code; or 136 (c) requiring that an existing window not be reduced in size if the openable area is 137 smaller than required by current State Construction Code. 138 Section 4. Section 10-9a-530 is enacted to read: 139 10-9a-530. Internal accessory dwelling units. 140 (1) As used in this section: 141 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created: H.B. 82 Enrolled Copy - 6 - 142 (i) within a primary dwelling; 143 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the 144 time the internal accessory dwelling unit is created; and 145 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer. 146 (b) "Primary dwelling" means a single-family dwelling that: 147 (i) is detached; and 148 (ii) is occupied as the primary residence of the owner of record. 149 (2) In any area zoned primarily for residential use: 150 (a) the use of an internal accessory dwelling unit is a permitted use; and 151 (b) except as provided in Subsections (3) and (4), a municipality may not establish any 152 restrictions or requirements for the construction or use of one internal accessory dwelling unit 153 within a primary dwelling, including a restriction or requirement governing: 154 (i) the size of the internal accessory dwelling unit in relation to the primary dwelling; 155 (ii) total lot size; or 156 (iii) street frontage. 157 (3) An internal accessory dwelling unit shall comply with all applicable building, 158 health, and fire codes. 159 (4) A municipality may: 160 (a) prohibit the installation of a separate utility meter for an internal accessory dwelling 161 unit; 162 (b) require that an internal accessory dwelling unit be designed in a manner that does 163 not change the appearance of the primary dwelling as a single-family dwelling; 164 (c) require a primary dwelling: 165 (i) to include one additional on-site parking space for an internal accessory dwelling 166 unit, regardless of whether the primary dwelling is existing or new construction; and 167 (ii) to replace any parking spaces contained within a garage or carport if an internal 168 accessory dwelling unit is created within the garage or carport; 169 (d) prohibit the creation of an internal accessory dwelling unit within a mobile home as Enrolled Copy H.B. 82 - 7 - 170 defined in Section 57-16-3; 171 (e) require the owner of a primary dwelling to obtain a permit or license for renting an 172 internal accessory dwelling unit; 173 (f) prohibit the creation of an internal accessory dwelling unit within a zoning district 174 covering an area that is equivalent to: 175 (i) 25% or less of the total area in the municipality that is zoned primarily for 176 residential use; or 177 (ii) 67% or less of the total area in the municipality that is zoned primarily for 178 residential use, if the main campus of a state or private university with a student population of 179 10,000 or more is located within the municipality; 180 (g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling 181 is served by a failing septic tank; 182 (h) prohibit the creation of an internal accessory dwelling unit if the lot containing the 183 primary dwelling is 6,000 square feet or less in size; 184 (i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a 185 period of less than 30 consecutive days; 186 (j) prohibit the rental of an internal accessory dwelling unit if the internal accessory 187 dwelling unit is located in a dwelling that is not occupied as the owner's primary residence; 188 (k) hold a lien against a property that contains an internal accessory dwelling unit in 189 accordance with Subsection (5); and 190 (l) record a notice for an internal accessory dwelling unit in accordance with 191 Subsection (6). 192 (5) (a) In addition to any other legal or equitable remedies available to a municipality, a 193 municipality may hold a lien against a property that contains an internal accessory dwelling 194 unit if: 195 (i) the owner of the property violates any of the provisions of this section or any 196 ordinance adopted under Subsection (4); 197 (ii) the municipality provides a written notice of violation in accordance with H.B. 82 Enrolled Copy - 8 - 198 Subsection (5)(b); 199 (iii) the municipality holds a hearing and determines that the violation has occurred in 200 accordance with Subsection (5)(d), if the owner files a written objection in accordance with 201 Subsection (5)(b)(iv); 202 (iv) the owner fails to cure the violation within the time period prescribed in the 203 written notice of violation under Subsection (5)(b); 204 (v) the municipality provides a written notice of lien in accordance with Subsection 205 (5)(c); and 206 (vi) the municipality records a copy of the written notice of lien described in 207 Subsection (5)(a)(iv) with the county recorder of the county in which the property is located. 208 (b) The written notice of violation shall: 209 (i) describe the specific violation; 210 (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity 211 to cure the violation that is: 212 (A) no less than 14 days after the day on which the municipality sends the written 213 notice of violation, if the violation results from the owner renting or offering to rent the internal 214 accessory dwelling unit for a period of less than 30 consecutive days; or 215 (B) no less than 30 days after the day on which the municipality sends the written 216 notice of violation, for any other violation; 217 (iii) state that if the owner of the property fails to cure the violation within the time 218 period described in Subsection (5)(b)(ii), the municipality may hold a lien against the property 219 in an amount of up to $100 for each day of violation after the day on which the opportunity to 220 cure the violation expires; 221 (iv) notify the owner of the property: 222 (A) that the owner may file a written objection to the violation within 14 days after the 223 day on which the written notice of violation is post-marked or posted on the property; and 224 (B) of the name and address of the municipal office where the owner may file the 225 written objection; Enrolled Copy H.B. 82 - 9 - 226 (v) be mailed to: 227 (A) the property's owner of record; and 228 (B) any other individual designated to receive notice in the owner's license or permit 229 records; and 230 (vi) be posted on the property. 231 (c) The written notice of lien shall: 232 (i) comply with the requirements of Section 38-12-102; 233 (ii) state that the property is subject to a lien; 234 (iii) specify the lien amount, in an amount of up to $100 for each day of violation after 235 the day on which the opportunity to cure the violation expires; 236 (iv) be mailed to: 237 (A) the property's owner of record; and 238 (B) any other individual designated to receive notice in the owner's license or permit 239 records; and 240 (v) be posted on the property. 241 (d) (i) If an owner of property files a written objection in accordance with Subsection 242 (5)(b)(iv), the municipality shall: 243 (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings 244 Act, to conduct a review and determine whether the specific violation described in the written 245 notice of violation under Subsection (5)(b) has occurred; and 246 (B) notify the owner in writing of the date, time, and location of the hearing described 247 in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held. 248 (ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a 249 municipality may not record a lien under this Subsection (5) until the municipality holds a 250 hearing and determines that the specific violation has occurred. 251 (iii) If the municipality determines at the hearing that the specific violation has 252 occurred, the municipality may impose a lien in an amount of up to $100 for each day of 253 violation after the day on which the opportunity to cure the violation expires, regardless of H.B. 82 Enrolled Copy - 10 - 254 whether the hearing is held after the day on which the opportunity to cure the violation has 255 expired. 256 (e) If an owner cures a violation within the time period prescribed in the written notice 257 of violation under Subsection (5)(b), the municipality may not hold a lien against the property, 258 or impose any penalty or fee on the owner, in relation to the specific violation described in the 259 written notice of violation under Subsection (5)(b). 260 (6) (a) A municipality that issues, on or after October 1, 2021, a permit or license to an 261 owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to 262 an owner of a primary dwelling to create an internal accessory dwelling unit, may record a 263 notice in the office of the recorder of the county in which the primary dwelling is located. 264 (b) The notice described in Subsection (6)(a) shall include: 265 (i) a description of the primary dwelling; 266 (ii) a statement that the primary dwelling contains an internal accessory dwelling unit; 267 and 268 (iii) a statement that the internal accessory dwelling unit may only be used in 269 accordance with the municipality's land use regulations. 270 (c) The municipality shall, upon recording the notice described in Subsection (6)(a), 271 deliver a copy of the notice to the owner of the internal accessory dwelling unit. 272 Section 5. Section 15A-3-202 is amended to read: 273 15A-3-202. Amendments to Chapters 1 through 5 of IRC. 274 (1) In IRC, Section R102, a new Section R102.7.2 is added as follows: "R102.7.2 275 Physical change for bedroom window egress. A structure whose egress window in an existing 276 bedroom is smaller than required by this code, and that complied with the construction code in 277 effect at the time that the bedroom was finished, is not required to undergo a physical change to 278 conform to this code if the change would compromise the structural integrity of the structure or 279 could not be completed in accordance with other applicable requirements of this code, 280 including setback and window well requirements." 281 (2) In IRC, Section R108.3, the following sentence is added at the end of the section: Enrolled Copy H.B. 82 - 11 - 282 "The building official shall not request proprietary information." 283 (3) In IRC, Section 109: 284 (a) A new IRC, Section 109.1.5, is added as follows: "R109.1.5 Weather-resistant 285 exterior wall envelope inspections. An inspection shall be made of the weather-resistant 286 exterior wall envelope as required by Section R703.1 and flashings as required by Section 287 R703.8 to prevent water from entering the weather-resistive barrier." 288 (b) The remaining sections are renumbered as follows: R109.1.6 Other inspections; 289 R109.1.6.1 Fire- and smoke-resistance-rated construction inspection; R109.1.6.2 Reinforced 290 masonry, insulating concrete form (ICF) and conventionally formed concrete wall inspection; 291 and R109.1.7 Final inspection. 292 (4) IRC, Section R114.1, is deleted and replaced with the following: "R114.1 Notice to 293 owner. Upon notice from the building official that work on any building or structure is being 294 prosecuted contrary to the provisions of this code or other pertinent laws or ordinances or in an 295 unsafe and dangerous manner, such work shall be immediately stopped. The stop work order 296 shall be in writing and shall be given to the owner of the property involved, or to the owner's 297 agent or to the person doing the work; and shall state the conditions under which work will be 298 permitted to resume." 299 (5) In IRC, Section R202, the following definition is added: "ACCESSORY 300 DWELLING UNIT: A habitable living unit created within the existing footprint of a primary 301 owner-occupied single-family dwelling." 302 [(5)] (6) In IRC, Section R202, the following definition is added: "CERTIFIED 303 BACKFLOW PREVENTER ASSEMBLY TESTER: A person who has shown competence to 304 test Backflow prevention assemblies to the satisfaction of the authority having jurisdiction 305 under Utah Code, Subsection 19-4-104(4)." 306 [(6)] (7) In IRC, Section R202, the definition of "Cross Connection" is deleted and 307 replaced with the following: "CROSS CONNECTION. Any physical connection or potential 308 connection or arrangement between two otherwise separate piping systems, one of which 309 contains potable water and the other either water of unknown or questionable safety or steam, H.B. 82 Enrolled Copy - 12 - 310 gas, or chemical, whereby there exists the possibility for flow from one system to the other, 311 with the direction of flow depending on the pressure differential between the two systems (see 312 "Backflow, Water Distribution")." 313 [(7)] (8) In IRC, Section 202, in the definition for gray water a comma is inserted after 314 the word "washers"; the word "and" is deleted; and the following is added to the end: "and 315 clear water wastes which have a pH of 6.0 to 9.0; are non-flammable; non-combustible; 316 without objectionable odors; non-highly pigmented; and will not interfere with the operation of 317 the sewer treatment facility." 318 [(8)] (9) In IRC, Section R202, the definition of "Potable Water" is deleted and 319 replaced with the following: "POTABLE WATER. Water free from impurities present in 320 amounts sufficient to cause disease or harmful physiological effects and conforming to the 321 Utah Code, Title 19, Chapter 4, Safe Drinking Water Act, and Title 19, Chapter 5, Water 322 Quality Act, and the regulations of the public health authority having jurisdiction." 323 [(9)] (10) IRC, Figure R301.2(5), is deleted and replaced with R301.2(5) as follows: 324 "TABLE R301.2(5) 325 GROUND SNOW LOADS FOR SELECTED LOCATIONS IN UTAH 326 City/Town County Ground Snow Load (lb/ft2)Elevation (ft) 327 Beaver Beaver 35 5886 328 Brigham City Box Elder 42 4423 329 Castle Dale Emery 32 5669 330 Coalville Summit 57 5581 331 Duchesne Duchesne 39 5508 332 Farmington Davis 35 4318 333 Fillmore Millard 30 5138 334 Heber City Wasatch 60 5604 335 Junction Piute 27 6030 336 Kanab Kane 25 4964 Enrolled Copy H.B. 82 - 13 - 337 Loa Wayne 37 7060 338 Logan Cache 43 4531 339 Manila Daggett 26 6368 340 Manti Sanpete 37 5620 341 Moab Grand 21 4029 342 Monticello San Juan 67 7064 343 Morgan Morgan 52 5062 344 Nephi Juab 39 5131 345 Ogden Weber 37 4334 346 Panguitch Garfield 41 6630 347 Parowan Iron 32 6007 348 Price Carbon 31 5558 349 Provo Utah 31 4541 350 Randolph Rich 50 6286 351 Richfield Sevier 27 5338 352 St. George Washington 21 2585 353 Salt Lake City Salt Lake 28 4239 354 Tooele Tooele 35 5029 355 Vernal Uintah 39 5384 H.B. 82 Enrolled Copy - 14 - 356 Note: To convert lb/ft2 to kN/m2, multiply by 0.0479. To convert feet to meters, multiply by 0.3048. 1. Statutory requirements of the Authority Having Jurisdiction are not included in this state ground snow load table. 2. For locations where there is substantial change in altitude over the city/town, the load applies at and below the cited elevation, with a tolerance of 100 ft (30 m). 3. For other locations in Utah, see Bean, B., Maguire, M., Sun, Y. (2018), "The Utah Snow Load Study," Utah State University Civil and Environmental Engineering Faculty Publications, Paper 3589, http://utahsnowload.usu.edu/, for ground snow load values. 357 [(10)] (11) IRC, Section R301.6, is deleted and replaced with the following: "R301.6 358 Utah Snow Loads. The snow loads specified in Table R301.2(5b) shall be used for the 359 jurisdictions identified in that table. Otherwise, for other locations in Utah, see Bean, B., 360 Maguire, M., Sun, Y. (2018), "The Utah Snow Load Study," Utah State University Civil and 361 Environmental Engineering Faculty Publications, Paper 3589, http://utahsnowload.usu.edu/, for 362 ground snow load values." 363 [(11)] (12) In IRC, Section R302.2, the following sentence is added after the second 364 sentence: "When an access/maintenance agreement or easement is in place, plumbing, 365 mechanical ducting, schedule 40 steel gas pipe, and electric service conductors including 366 feeders, are permitted to penetrate the common wall at grade, above grade, or below grade." 367 (13) In IRC, Section R302.3, a new exception 3 is added as follows: "3. Accessory 368 dwelling units separated by walls or floor assemblies protected by not less than 1/2-inch (12.7 369 mm) gypsum board or equivalent on each side of the wall or bottom of the floor assembly are 370 exempt from the requirements of this section." 371 [(12)] (14) In IRC, Section R302.5.1, the words "self-closing device" are deleted and 372 replaced with "self-latching hardware." 373 [(13)] (15) IRC, Section R302.13, is deleted. 374 [(14)] (16) In IRC, Section R303.4, the number "5" is changed to "3" in the first 375 sentence. Enrolled Copy H.B. 82 - 15 - 376 (17) In IRC, Section R310.6, in the exception, the words "or accessory dwelling units" 377 are added after the words "sleeping rooms". 378 [(15)] (18) IRC, Sections R311.7.4 through R311.7.5.3, are deleted and replaced with 379 the following: "R311.7.4 Stair treads and risers. R311.7.5.1 Riser height. The maximum riser 380 height shall be 8 inches (203 mm). The riser shall be measured vertically between leading 381 edges of the adjacent treads. The greatest riser height within any flight of stairs shall not 382 exceed the smallest by more than 3/8 inch (9.5 mm). 383 R311.7.5.2 Tread depth. The minimum tread depth shall be 9 inches (228 mm). The tread 384 depth shall be measured horizontally between the vertical planes of the foremost projection of 385 adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within 386 any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Winder 387 treads shall have a minimum tread depth of 10 inches (254 mm) measured as above at a point 388 12 inches (305 mm) from the side where the treads are narrower. Winder treads shall have a 389 minimum tread depth of 6 inches (152 mm) at any point. Within any flight of stairs, the 390 greatest winder tread depth at the 12-inch (305 mm) walk line shall not exceed the smallest by 391 more than 3/8 inch (9.5 mm). 392 R311.7.5.3 Profile. The radius of curvature at the leading edge of the tread shall be no greater 393 than 9/16 inch (14.3 mm). A nosing not less than 3/4 inch (19 mm) but not more than 1 1/4 394 inches (32 mm) shall be provided on stairways with solid risers. The greatest nosing projection 395 shall not exceed the smallest nosing projection by more than 3/8 inch (9.5 mm) between two 396 stories, including the nosing at the level of floors and landings. Beveling of nosing shall not 397 exceed 1/2 inch (12.7 mm). Risers shall be vertical or sloped from the underside of the leading 398 edge of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open 399 risers are permitted, provided that the opening between treads does not permit the passage of a 400 4-inch diameter (102 mm) sphere. 401 Exceptions. 402 1. A nosing is not required where the tread depth is a minimum of 10 inches (254 mm). 403 2. The opening between adjacent treads is not limited on stairs with a total rise of 30 inches H.B. 82 Enrolled Copy - 16 - 404 (762 mm) or less." 405 [(16)] (19) IRC, Section R312.2, is deleted. 406 [(17)] (20) IRC, Sections R313.1 through R313.2.1, are deleted and replaced with the 407 following: "R313.1 Design and installation. When installed, automatic residential fire 408 sprinkler systems for townhouses or one- and two-family dwellings shall be designed and 409 installed in accordance with Section P2904 or NFPA 13D." 410 (21) In IRC, Section R314.2.2, the words "or accessory dwelling units" are added after 411 the words "sleeping rooms". 412 (22) In IRC, Section R315.2.2, the words "or accessory dwelling units" are added after 413 the words "sleeping rooms". 414 [(18)] (23) In IRC, Section 315.3, the following words are added to the first sentence 415 after the word "installed": "on each level of the dwelling unit and." 416 [(19)] (24) In IRC, Section R315.5, a new exception, 3, is added as follows: 417 "3. Hard wiring of carbon monoxide alarms in existing areas shall not be required where the 418 alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing 419 the structure, unless there is an attic, crawl space or basement available which could provide 420 access for hard wiring, without the removal of interior finishes." 421 [(20)] (25) A new IRC, Section R315.7, is added as follows: " R315.7 Interconnection. 422 Where more than one carbon monoxide alarm is required to be installed within an individual 423 dwelling unit in accordance with Section R315.1, the alarm devices shall be interconnected in 424 such a manner that the actuation of one alarm will activate all of the alarms in the individual 425 unit. Physical interconnection of smoke alarms shall not be required where listed wireless 426 alarms are installed and all alarms sound upon activation of one alarm. 427 Exception: Interconnection of carbon monoxide alarms in existing areas shall not be required 428 where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing 429 the structure, unless there is an attic, crawl space or basement available which could provide 430 access for interconnection without the removal of interior finishes." 431 [(21)] (26) In IRC, Section R317.1.5, the period is deleted and the following language Enrolled Copy H.B. 82 - 17 - 432 is added to the end of the paragraph: "or treated with a moisture resistant coating." 433 [(22)] (27) In IRC, Section 326.1, the words "residential provisions of the" are added 434 after the words "pools and spas shall comply with". 435 [(23)] (28) In IRC, Section R403.1.6, a new Exception 3 is added as follows: "3. 436 When anchor bolt spacing does not exceed 32 inches (813 mm) apart, anchor bolts may be 437 placed with a minimum of two bolts per plate section located not less than 4 inches (102 mm) 438 from each end of each plate section at interior bearing walls, interior braced wall lines, and at 439 all exterior walls." 440 [(24)] (29) In IRC, Section R403.1.6.1, a new exception is added at the end of Item 2 441 and Item 3 as follows: "Exception: When anchor bolt spacing does not exceed 32 inches (816 442 mm) apart, anchor bolts may be placed with a minimum of two bolts per plate section located 443 not less than 4 inches (102 mm) from each end of each plate section at interior bearing walls, 444 interior braced wall lines, and at all exterior walls." 445 [(25)] (30) In IRC, Section R404.1, a new exception is added as follows: "Exception: 446 As an alternative to complying with Sections R404.1 through R404.1.5.3, concrete and 447 masonry foundation walls may be designed in accordance with IBC Sections 1807.1.5 and 448 1807.1.6 as amended in Section 1807.1.6.4 and Table 1807.1.6.4 under these rules." 449 [(26)] (31) In IRC, Section R405.1, a new exception is added as follows: "Exception: 450 When a geotechnical report has been provided for the property, a drainage system is not 451 required unless the drainage system is required as a condition of the geotechnical report. The 452 geological report shall make a recommendation regarding a drainage system." 453 Section 6. Section 15A-3-204 is amended to read: 454 15A-3-204. Amendments to Chapters 16 through 25 of IRC. 455 (1) In IRC, Section M1602.2, a new exception is added at the end of Item 6 as follows: 456 "Exception: The discharge of return air from an accessory dwelling unit into another dwelling 457 unit, or into an accessory dwelling unit from another dwelling unit, is not prohibited." 458 (2) A new IRC, Section G2401.2, is added as follows: "G2401.2 Meter Protection. 459 Fuel gas services shall be in an approved location and/or provided with structures designed to H.B. 82 Enrolled Copy - 18 - 460 protect the fuel gas meter and surrounding piping from physical damage, including falling, 461 moving, or migrating ice and snow. If an added structure is used, it must provide access for 462 service and comply with the IBC or the IRC." 463 Section 7. Section 15A-3-206 is amended to read: 464 15A-3-206. Amendments to Chapters 36 through 44 and Appendix F of IRC. 465 (1) In IRC, Section E3601.6.2, a new exception is added as follows: "Exception: An 466 occupant of an accessory dwelling unit is not required to have access to the disconnect serving 467 the dwelling unit in which they reside." 468 [(1)] (2) In IRC, Section E3705.4.5, the following words are added after the word 469 "assemblies": "with ungrounded conductors 10 AWG and smaller". 470 [(2)] (3) In IRC, Section E3901.9, the following exception is added: 471 "Exception: Receptacles or other outlets adjacent to the exterior walls of the garage, outlets 472 adjacent to an exterior wall of the garage, or outlets in a storage room with entry from the 473 garage may be connected to the garage branch circuit." 474 [(3)] (4) IRC, Section E3902.16 is deleted. 475 [(4)] (5) In Section E3902.17: 476 (a) following the word "Exception" the number "1." is added; and 477 (b) at the end of the section, the following sentences are added: 478 "2. This section does not apply for a simple move or an extension of a branch circuit or an 479 outlet which does not significantly increase the existing electrical load. This exception does 480 not include changes involving remodeling or additions to a residence." 481 [(5)] (6) IRC, Chapter 44, is amended by adding the following reference standard: 482 "Standard reference number Title Referenced in code section number 483 USC-FCCCHR 10th Edition Manual of Cross Connection Control Foundation for Cross-Connection Control and Hydraulic Research University of Southern California Kaprielian Hall 300 Los Angeles CA 90089-2531 Table P2902.3" 484 [(6)] (7) (a) When passive radon controls or portions thereof are voluntarily installed, 485 the voluntary installation shall comply with Appendix F of the IRC. 486 (b) An additional inspection of a voluntary installation described in Subsection [(6)] 487 (7)(a) is not required. 488 Section 8. Section 17-27a-505.5 is amended to read: Enrolled Copy H.B. 82 - 19 - 489 17-27a-505.5. Limit on single family designation. 490 (1) As used in this section, "single-family limit" means the number of [unrelated] 491 individuals allowed to occupy each residential unit that is recognized by a land use authority in 492 a zone permitting occupancy by a single family. 493 (2) A county may not adopt a single-family limit that is less than: 494 (a) three, if the county has within its unincorporated area: 495 (i) a state university; 496 (ii) a private university with a student population of at least 20,000; or 497 (iii) a mountainous planning district; or 498 (b) four, for each other county. 499 Section 9. Section 17-27a-510.5 is amended to read: 500 17-27a-510.5. Changes to dwellings -- Egress windows. 501 (1) [For purposes of] As used in this section[, "rental]: 502 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created: 503 (i) within a primary dwelling; 504 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the 505 time the internal accessory dwelling unit is created; and 506 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer. 507 (b) "Primary dwelling" means a single-family dwelling that: 508 (i) is detached; and 509 (ii) is occupied as the primary residence of the owner of record. 510 (c) "Rental dwelling" means the same as that term is defined in Section 10-8-85.5. 511 (2) A county ordinance adopted under Section 10-1-203.5 may not: H.B. 82 Enrolled Copy - 20 - 512 (a) require physical changes in a structure with a legal nonconforming rental dwelling 513 use unless the change is for: 514 (i) the reasonable installation of: 515 (A) a smoke detector that is plugged in or battery operated; 516 (B) a ground fault circuit interrupter protected outlet on existing wiring; 517 (C) street addressing; 518 (D) except as provided in Subsection (3), an egress bedroom window if the existing 519 bedroom window is smaller than that required by current State Construction Code; 520 (E) an electrical system or a plumbing system, if the existing system is not functioning 521 or is unsafe as determined by an independent electrical or plumbing professional who is 522 licensed in accordance with Title 58, Occupations and Professions; 523 (F) hand or guard rails; or 524 (G) occupancy separation doors as required by the International Residential Code; or 525 (ii) the abatement of a structure; or 526 (b) be enforced to terminate a legal nonconforming rental dwelling use. 527 (3) (a) A county may not require physical changes to install an egress or emergency 528 escape window in an existing bedroom that complied with the State Construction Code in 529 effect at the time the bedroom was finished if: 530 [(a)] (i) the dwelling is an owner-occupied dwelling or a rental dwelling that is: 531 [(i)] (A) a detached one-, two-, three-, or four-family dwelling; or 532 [(ii)] (B) a town home that is not more than three stories above grade with a separate 533 means of egress; and 534 [(b) (i)] (ii) (A) the window in the existing bedroom is smaller than that required by 535 current State Construction Code; and 536 [(ii)] (B) the change would compromise the structural integrity of the structure or could 537 not be completed in accordance with current State Construction Code, including set-back and 538 window well requirements. 539 (b) Subsection (3)(a) does not apply to an internal accessory dwelling unit. Enrolled Copy H.B. 82 - 21 - 540 (4) Nothing in this section prohibits a county from: 541 (a) regulating the style of window that is required or allowed in a bedroom; 542 (b) requiring that a window in an existing bedroom be fully openable if the openable 543 area is less than required by current State Construction Code; or 544 (c) requiring that an existing window not be reduced in size if the openable area is 545 smaller than required by current State Construction Code. 546 Section 10. Section 17-27a-526 is enacted to read: 547 17-27a-526. Internal accessory dwelling units. 548 (1) As used in this section: 549 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created: 550 (i) within a primary dwelling; 551 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the 552 time the internal accessory dwelling unit is created; and 553 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer. 554 (b) "Primary dwelling" means a single-family dwelling that: 555 (i) is detached; and 556 (ii) is occupied as the primary residence of the owner of record. 557 (2) In any area zoned primarily for residential use: 558 (a) the use of an internal accessory dwelling unit is a permitted use; and 559 (b) except as provided in Subsections (3) and (4), a county may not establish any 560 restrictions or requirements for the construction or use of one internal accessory dwelling unit 561 within a primary dwelling, including a restriction or requirement governing: 562 (i) the size of the internal accessory dwelling unit in relation to the primary dwelling; 563 (ii) total lot size; or 564 (iii) street frontage. 565 (3) An internal accessory dwelling unit shall comply with all applicable building, 566 health, and fire codes. 567 (4) A county may: H.B. 82 Enrolled Copy - 22 - 568 (a) prohibit the installation of a separate utility meter for an internal accessory dwelling 569 unit; 570 (b) require that an internal accessory dwelling unit be designed in a manner that does 571 not change the appearance of the primary dwelling as a single-family dwelling; 572 (c) require a primary dwelling: 573 (i) to include one additional on-site parking space for an internal accessory dwelling 574 unit, regardless of whether the primary dwelling is existing or new construction; and 575 (ii) to replace any parking spaces contained within a garage or carport if an internal 576 accessory dwelling unit is created within the garage or carport; 577 (d) prohibit the creation of an internal accessory dwelling unit within a mobile home as 578 defined in Section 57-16-3; 579 (e) require the owner of a primary dwelling to obtain a permit or license for renting an 580 internal accessory dwelling unit; 581 (f) prohibit the creation of an internal accessory dwelling unit within a zoning district 582 covering an area that is equivalent to 25% or less of the total unincorporated area in the county 583 that is zoned primarily for residential use; 584 (g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling 585 is served by a failing septic tank; 586 (h) prohibit the creation of an internal accessory dwelling unit if the lot containing the 587 primary dwelling is 6,000 square feet or less in size; 588 (i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a 589 period of less than 30 consecutive days; 590 (j) prohibit the rental of an internal accessory dwelling unit if the internal accessory 591 dwelling unit is located in a dwelling that is not occupied as the owner's primary residence; 592 (k) hold a lien against a property that contains an internal accessory dwelling unit in 593 accordance with Subsection (5); and 594 (l) record a notice for an internal accessory dwelling unit in accordance with 595 Subsection (6). Enrolled Copy H.B. 82 - 23 - 596 (5) (a) In addition to any other legal or equitable remedies available to a county, a 597 county may hold a lien against a property that contains an internal accessory dwelling unit if: 598 (i) the owner of the property violates any of the provisions of this section or any 599 ordinance adopted under Subsection (4); 600 (ii) the county provides a written notice of violation in accordance with Subsection 601 (5)(b); 602 (iii) the county holds a hearing and determines that the violation has occurred in 603 accordance with Subsection (5)(d), if the owner files a written objection in accordance with 604 Subsection (5)(b)(iv); 605 (iv) the owner fails to cure the violation within the time period prescribed in the 606 written notice of violation under Subsection (5)(b); 607 (v) the county provides a written notice of lien in accordance with Subsection (5)(c); 608 and 609 (vi) the county records a copy of the written notice of lien described in Subsection 610 (5)(a)(iv) with the county recorder of the county in which the property is located. 611 (b) The written notice of violation shall: 612 (i) describe the specific violation; 613 (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity 614 to cure the violation that is: 615 (A) no less than 14 days after the day on which the county sends the written notice of 616 violation, if the violation results from the owner renting or offering to rent the internal 617 accessory dwelling unit for a period of less than 30 consecutive days; or 618 (B) no less than 30 days after the day on which the county sends the written notice of 619 violation, for any other violation; and 620 (iii) state that if the owner of the property fails to cure the violation within the time 621 period described in Subsection (5)(b)(ii), the county may hold a lien against the property in an 622 amount of up to $100 for each day of violation after the day on which the opportunity to cure 623 the violation expires; H.B. 82 Enrolled Copy - 24 - 624 (iv) notify the owner of the property: 625 (A) that the owner may file a written objection to the violation within 14 days after the 626 day on which the written notice of violation is post-marked or posted on the property; and 627 (B) of the name and address of the county office where the owner may file the written 628 objection; 629 (v) be mailed to: 630 (A) the property's owner of record; and 631 (B) any other individual designated to receive notice in the owner's license or permit 632 records; and 633 (vi) be posted on the property. 634 (c) The written notice of lien shall: 635 (i) comply with the requirements of Section 38-12-102; 636 (ii) describe the specific violation; 637 (iii) specify the lien amount, in an amount of up to $100 for each day of violation after 638 the day on which the opportunity to cure the violation expires; 639 (iv) be mailed to: 640 (A) the property's owner of record; and 641 (B) any other individual designated to receive notice in the owner's license or permit 642 records; and 643 (v) be posted on the property. 644 (d) (i) If an owner of property files a written objection in accordance with Subsection 645 (5)(b)(iv), the county shall: 646 (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings 647 Act, to conduct a review and determine whether the specific violation described in the written 648 notice of violation under Subsection (5)(b) has occurred; and 649 (B) notify the owner in writing of the date, time, and location of the hearing described 650 in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held. 651 (ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a Enrolled Copy H.B. 82 - 25 - 652 county may not record a lien under this Subsection (5) until the county holds a hearing and 653 determines that the specific violation has occurred. 654 (iii) If the county determines at the hearing that the specific violation has occurred, the 655 county may impose a lien in an amount of up to $100 for each day of violation after the day on 656 which the opportunity to cure the violation expires, regardless of whether the hearing is held 657 after the day on which the opportunity to cure the violation has expired. 658 (e) If an owner cures a violation within the time period prescribed in the written notice 659 of violation under Subsection (5)(b), the county may not hold a lien against the property, or 660 impose any penalty or fee on the owner, in relation to the specific violation described in the 661 written notice of violation under Subsection (5)(b). 662 (6) (a) A county that issues, on or after October 1, 2021, a permit or license to an 663 owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to 664 an owner of a primary dwelling to create an internal accessory dwelling unit, may record a 665 notice in the office of the recorder of the county in which the primary dwelling is located. 666 (b) The notice described in Subsection (6)(a) shall include: 667 (i) a description of the primary dwelling; 668 (ii) a statement that the primary dwelling contains an internal accessory dwelling unit; 669 and 670 (iii) a statement that the internal accessory dwelling unit may only be used in 671 accordance with the county's land use regulations. 672 (c) The county shall, upon recording the notice described in Subsection (6)(a), deliver a 673 copy of the notice to the owner of the internal accessory dwelling unit. 674 Section 11. Section 17-50-338 is amended to read: 675 17-50-338. Ordinances regarding short-term rentals -- Prohibition on ordinances 676 restricting speech on short-term rental websites. 677 (1) As used in this section: 678 (a) "Internal accessory dwelling unit" means the same as that term is defined in Section 679 10-9a-511.5. H.B. 82 Enrolled Copy - 26 - 680 [(a)] (b) "Residential unit" means a residential structure or any portion of a residential 681 structure that is occupied as a residence. 682 [(b)] (c) "Short-term rental" means a residential unit or any portion of a residential unit 683 that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 684 30 consecutive days. 685 [(c)] (d) "Short-term rental website" means a website that: 686 (i) allows a person to offer a short-term rental to one or more prospective renters; and 687 (ii) facilitates the renting of, and payment for, a short-term rental. 688 (2) Notwithstanding Section 17-27a-501 or Subsection 17-27a-503(1), a legislative 689 body may not: 690 (a) enact or enforce an ordinance that prohibits an individual from listing or offering a 691 short-term rental on a short-term rental website; or 692 (b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge, 693 prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term 694 rental on a short-term rental website. 695 (3) Subsection (2) does not apply to an individual who lists or offers an internal 696 accessory dwelling unit as a short-term rental on a short-term rental website if the county 697 records a notice for the internal accessory dwelling unit under Subsection 17-27a-526(6). 698 Section 12. Section 35A-8-504.5 is enacted to read: 699 35A-8-504.5. Low-income ADU loan guarantee pilot program. 700 (1) As used in this section: 701 (a) "Accessory dwelling unit" means the same as that term is defined in Section 702 10-9a-103. 703 (b) "Borrower" means a residential property owner who receives a low-income ADU 704 loan from a lender. 705 (c) "Lender" means a trust company, savings bank, savings and loan association, bank, 706 credit union, or any other entity that provides low-income ADU loans directly to borrowers. 707 (d) "Low-income ADU loan" means a loan made by a lender to a borrower for the Enrolled Copy H.B. 82 - 27 - 708 purpose of financing the construction of an accessory dwelling unit that is: 709 (i) located on the borrower's residential property; and 710 (ii) rented to a low-income individual. 711 (e) "Low-income individual" means an individual whose household income is less than 712 80% of the area median income. 713 (f) "Pilot program" means the two-year pilot program created in this section. 714 (2) The executive director shall establish a two-year pilot program to provide loan 715 guarantees on behalf of borrowers for the purpose of insuring the repayment of low-income 716 ADU loans. 717 (3) The executive director may not provide a loan guarantee for a low-income ADU 718 loan under the pilot program unless: 719 (a) the lender: 720 (i) agrees in writing to participate in the pilot program; 721 (ii) makes available to prospective borrowers the option of receiving a low-income 722 ADU loan that: 723 (A) has a term of 15 years; and 724 (B) charges interest at a fixed rate; 725 (iii) monitors the activities of the borrower on a yearly basis during the term of the loan 726 to ensure the borrower's compliance with: 727 (A) Subsection (3)(c); and 728 (B) any other term or condition of the loan; and 729 (iv) promptly notifies the executive director in writing if the borrower fails to comply 730 with: 731 (A) Subsection (3)(c); or 732 (B) any other term or condition of the loan; 733 (b) the loan terms of the low-income ADU loan: 734 (i) are consistent with the loan terms described in Subsection (3)(a)(ii); or 735 (ii) if different from the loan terms described in Subsection (3)(a)(ii), are mutually H.B. 82 Enrolled Copy - 28 - 736 agreed upon by the lender and the borrower; and 737 (c) the borrower: 738 (i) agrees in writing to participate in the pilot program; 739 (ii) constructs an accessory dwelling unit on the borrower's residential property within 740 one year after the day on which the borrower receives the loan; 741 (iii) occupies the primary residence to which the accessory dwelling unit is associated: 742 (A) after the accessory dwelling unit is completed; and 743 (B) for the remainder of the term of the loan; and 744 (iv) rents the accessory dwelling unit to a low-income individual: 745 (A) after the accessory dwelling unit is completed; and 746 (B) for the remainder of the term of the loan. 747 (4) At the direction of the board, the executive director shall make rules in accordance 748 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish: 749 (a) the minimum criteria for lenders and borrowers to participate in the pilot program; 750 (b) the terms and conditions for loan guarantees provided under the pilot program, 751 consistent with Subsection (3); and 752 (c) procedures for the pilot program's loan guarantee process. 753 (5) The executive director shall submit a report on the pilot program to the Business 754 and Labor Interim Committee on or before November 30, 2023. 755 Section 13. Section 35A-8-505 is amended to read: 756 35A-8-505. Activities authorized to receive fund money -- Powers of the executive 757 director. 758 At the direction of the board, the executive director may: 759 (1) provide fund money to any of the following activities: 760 (a) the acquisition, rehabilitation, or new construction of low-income housing units; 761 (b) matching funds for social services projects directly related to providing housing for 762 special-need renters in assisted projects; 763 (c) the development and construction of accessible housing designed for low-income Enrolled Copy H.B. 82 - 29 - 764 persons; 765 (d) the construction or improvement of a shelter or transitional housing facility that 766 provides services intended to prevent or minimize homelessness among members of a specific 767 homeless subpopulation; 768 (e) the purchase of an existing facility to provide temporary or transitional housing for 769 the homeless in an area that does not require rezoning before providing such temporary or 770 transitional housing; 771 (f) the purchase of land that will be used as the site of low-income housing units; 772 (g) the preservation of existing affordable housing units for low-income persons; [and] 773 (h) providing loan guarantees under the two-year pilot program established in Section 774 35A-8-504.5; and 775 [(h)] (i) other activities that will assist in minimizing homelessness or improving the 776 availability or quality of housing in the state for low-income persons; and 777 (2) do any act necessary or convenient to the exercise of the powers granted by this part 778 or reasonably implied from those granted powers, including: 779 (a) making or executing contracts and other instruments necessary or convenient for 780 the performance of the executive director and board's duties and the exercise of the executive 781 director and board's powers and functions under this part, including contracts or agreements for 782 the servicing and originating of mortgage loans; 783 (b) procuring insurance against a loss in connection with property or other assets held 784 by the fund, including mortgage loans, in amounts and from insurers it considers desirable; 785 (c) entering into agreements with a department, agency, or instrumentality of the 786 United States or this state and with mortgagors and mortgage lenders for the purpose of 787 planning and regulating and providing for the financing and refinancing, purchase, 788 construction, reconstruction, rehabilitation, leasing, management, maintenance, operation, sale, 789 or other disposition of residential housing undertaken with the assistance of the department 790 under this part; 791 (d) proceeding with a foreclosure action, to own, lease, clear, reconstruct, rehabilitate, H.B. 82 Enrolled Copy - 30 - 792 repair, maintain, manage, operate, assign, encumber, sell, or otherwise dispose of real or 793 personal property obtained by the fund due to the default on a mortgage loan held by the fund 794 in preparation for disposition of the property, taking assignments of leases and rentals, 795 proceeding with foreclosure actions, and taking other actions necessary or incidental to the 796 performance of its duties; and 797 (e) selling, at a public or private sale, with public bidding, a mortgage or other 798 obligation held by the fund. 799 Section 14. Section 57-8a-209 is amended to read: 800 57-8a-209. Rental restrictions. 801 (1) (a) Subject to Subsections (1)(b), (5), [and] (6), and (10), an association may: 802 (i) create restrictions on the number and term of rentals in an association; or 803 (ii) prohibit rentals in the association. 804 (b) An association that creates a rental restriction or prohibition in accordance with 805 Subsection (1)(a) shall create the rental restriction or prohibition in a recorded declaration of 806 covenants, conditions, and restrictions, or by amending the recorded declaration of covenants, 807 conditions, and restrictions. 808 (2) If an association prohibits or imposes restrictions on the number and term of 809 rentals, the restrictions shall include: 810 (a) a provision that requires the association to exempt from the rental restrictions the 811 following lot owner and the lot owner's lot: 812 (i) a lot owner in the military for the period of the lot owner's deployment; 813 (ii) a lot occupied by a lot owner's parent, child, or sibling; 814 (iii) a lot owner whose employer has relocated the lot owner for two years or less; 815 (iv) a lot owned by an entity that is occupied by an individual who: 816 (A) has voting rights under the entity's organizing documents; and 817 (B) has a 25% or greater share of ownership, control, and right to profits and losses of 818 the entity; or 819 (v) a lot owned by a trust or other entity created for estate planning purposes if the trust Enrolled Copy H.B. 82 - 31 - 820 or other estate planning entity was created for: 821 (A) the estate of a current resident of the lot; or 822 (B) the parent, child, or sibling of the current resident of the lot; 823 (b) a provision that allows a lot owner who has a rental in the association before the 824 time the rental restriction described in Subsection (1)(a) is recorded with the county recorder of 825 the county in which the association is located to continue renting until: 826 (i) the lot owner occupies the lot; 827 (ii) an officer, owner, member, trustee, beneficiary, director, or person holding a 828 similar position of ownership or control of an entity or trust that holds an ownership interest in 829 the lot, occupies the lot; or 830 (iii) the lot is transferred; and 831 (c) a requirement that the association create, by rule or resolution, procedures to: 832 (i) determine and track the number of rentals and lots in the association subject to the 833 provisions described in Subsections (2)(a) and (b); and 834 (ii) ensure consistent administration and enforcement of the rental restrictions. 835 (3) For purposes of Subsection (2)(b)(iii), a transfer occurs when one or more of the 836 following occur: 837 (a) the conveyance, sale, or other transfer of a lot by deed; 838 (b) the granting of a life estate in the lot; or 839 (c) if the lot is owned by a limited liability company, corporation, partnership, or other 840 business entity, the sale or transfer of more than 75% of the business entity's share, stock, 841 membership interests, or partnership interests in a 12-month period. 842 (4) This section does not limit or affect residency age requirements for an association 843 that complies with the requirements of the Housing for Older Persons Act, 42 U.S.C. Sec. 844 3607. 845 (5) A declaration of covenants, conditions, and restrictions or amendments to the 846 declaration of covenants, conditions, and restrictions recorded before the transfer of the first lot 847 from the initial declarant may prohibit or restrict rentals without providing for the exceptions, H.B. 82 Enrolled Copy - 32 - 848 provisions, and procedures required under Subsection (2). 849 (6) (a) Subsections (1) through (5) do not apply to: 850 (i) an association that contains a time period unit as defined in Section 57-8-3; 851 (ii) any other form of timeshare interest as defined in Section 57-19-2; or 852 (iii) subject to Subsection (6)(b), an association that is formed before May 12, 2009, 853 unless, on or after May 12, 2015, the association: 854 (A) adopts a rental restriction or prohibition; or 855 (B) amends an existing rental restriction or prohibition. 856 (b) An association that adopts a rental restriction or amends an existing rental 857 restriction or prohibition before May 9, 2017, is not required to include the exemption 858 described in Subsection (2)(a)(iv). 859 (7) Notwithstanding this section, an association may restrict or prohibit rentals without 860 an exception described in Subsection (2) if: 861 (a) the restriction or prohibition receives unanimous approval by all lot owners; and 862 (b) when the restriction or prohibition requires an amendment to the association's 863 recorded declaration of covenants, conditions, and restrictions, the association fulfills all other 864 requirements for amending the recorded declaration of covenants, conditions, and restrictions 865 described in the association's governing documents. 866 (8) Except as provided in Subsection (9), an association may not require a lot owner 867 who owns a rental lot to: 868 (a) obtain the association's approval of a prospective renter; 869 (b) give the association: 870 (i) a copy of a rental application; 871 (ii) a copy of a renter's or prospective renter's credit information or credit report; 872 (iii) a copy of a renter's or prospective renter's background check; or 873 (iv) documentation to verify the renter's age; or 874 (c) pay an additional assessment, fine, or fee because the lot is a rental lot. 875 (9) (a) A lot owner who owns a rental lot shall give an association the documents Enrolled Copy H.B. 82 - 33 - 876 described in Subsection (8)(b) if the lot owner is required to provide the documents by court 877 order or as part of discovery under the Utah Rules of Civil Procedure. 878 (b) If an association's declaration of covenants, conditions, and restrictions lawfully 879 prohibits or restricts occupancy of the lots by a certain class of individuals, the association may 880 require a lot owner who owns a rental lot to give the association the information described in 881 Subsection (8)(b), if: 882 (i) the information helps the association determine whether the renter's occupancy of 883 the lot complies with the association's declaration of covenants, conditions, and restrictions; 884 and 885 (ii) the association uses the information to determine whether the renter's occupancy of 886 the lot complies with the association's declaration of covenants, conditions, and restrictions. 887 (10) Notwithstanding Subsection (1)(a), an association may not restrict or prohibit the 888 rental of an internal accessory dwelling unit, as defined in Section 10-9a-530, constructed 889 within a lot owner's residential lot, if the internal accessory dwelling unit complies with all 890 applicable: 891 (a) land use ordinances; 892 (b) building codes; 893 (c) health codes; and 894 (d) fire codes. 895 [(10)] (11) The provisions of Subsections (8) [and (9)] through (10) apply to an 896 association regardless of when the association is created. 897 Section 15. Section 57-8a-218 is amended to read: 898 57-8a-218. Equal treatment by rules required -- Limits on association rules and 899 design criteria. 900 (1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated lot 901 owners similarly. 902 (b) Notwithstanding Subsection (1)(a), a rule may: 903 (i) vary according to the level and type of service that the association provides to lot H.B. 82 Enrolled Copy - 34 - 904 owners; 905 (ii) differ between residential and nonresidential uses; and 906 (iii) for a lot that an owner leases for a term of less than 30 days, impose a reasonable 907 limit on the number of individuals who may use the common areas and facilities as guests of 908 the lot tenant or lot owner. 909 (2) (a) If a lot owner owns a rental lot and is in compliance with the association's 910 governing documents and any rule that the association adopts under Subsection (4), a rule may 911 not treat the lot owner differently because the lot owner owns a rental lot. 912 (b) Notwithstanding Subsection (2)(a), a rule may: 913 (i) limit or prohibit a rental lot owner from using the common areas for purposes other 914 than attending an association meeting or managing the rental lot; 915 (ii) if the rental lot owner retains the right to use the association's common areas, even 916 occasionally: 917 (A) charge a rental lot owner a fee to use the common areas; or 918 (B) for a lot that an owner leases for a term of less than 30 days, impose a reasonable 919 limit on the number of individuals who may use the common areas and facilities as guests of 920 the lot tenant or lot owner; or 921 (iii) include a provision in the association's governing documents that: 922 (A) requires each tenant of a rental lot to abide by the terms of the governing 923 documents; and 924 (B) holds the tenant and the rental lot owner jointly and severally liable for a violation 925 of a provision of the governing documents. 926 (3) (a) A rule criterion may not abridge the rights of a lot owner to display religious 927 and holiday signs, symbols, and decorations inside a dwelling on a lot. 928 (b) Notwithstanding Subsection (3)(a), the association may adopt time, place, and 929 manner restrictions with respect to displays visible from outside the dwelling or lot. 930 (4) (a) A rule may not regulate the content of political signs. 931 (b) Notwithstanding Subsection (4)(a): Enrolled Copy H.B. 82 - 35 - 932 (i) a rule may regulate the time, place, and manner of posting a political sign; and 933 (ii) an association design provision may establish design criteria for political signs. 934 (5) (a) A rule may not interfere with the freedom of a lot owner to determine the 935 composition of the lot owner's household. 936 (b) Notwithstanding Subsection (5)(a), an association may: 937 (i) require that all occupants of a dwelling be members of a single housekeeping unit; 938 or 939 (ii) limit the total number of occupants permitted in each residential dwelling on the 940 basis of the residential dwelling's: 941 (A) size and facilities; and 942 (B) fair use of the common areas. 943 (6) (a) A rule may not interfere with an activity of a lot owner within the confines of a 944 dwelling or lot, to the extent that the activity is in compliance with local laws and ordinances. 945 (b) Notwithstanding Subsection (6)(a), a rule may prohibit an activity within a dwelling 946 on an owner's lot if the activity: 947 (i) is not normally associated with a project restricted to residential use; or 948 (ii) (A) creates monetary costs for the association or other lot owners; 949 (B) creates a danger to the health or safety of occupants of other lots; 950 (C) generates excessive noise or traffic; 951 (D) creates unsightly conditions visible from outside the dwelling; 952 (E) creates an unreasonable source of annoyance to persons outside the lot; or 953 (F) if there are attached dwellings, creates the potential for smoke to enter another lot 954 owner's dwelling, the common areas, or limited common areas. 955 (c) If permitted by law, an association may adopt rules described in Subsection (6)(b) 956 that affect the use of or behavior inside the dwelling. 957 (7) (a) A rule may not, to the detriment of a lot owner and over the lot owner's written 958 objection to the board, alter the allocation of financial burdens among the various lots. 959 (b) Notwithstanding Subsection (7)(a), an association may: H.B. 82 Enrolled Copy - 36 - 960 (i) change the common areas available to a lot owner; 961 (ii) adopt generally applicable rules for the use of common areas; or 962 (iii) deny use privileges to a lot owner who: 963 (A) is delinquent in paying assessments; 964 (B) abuses the common areas; or 965 (C) violates the governing documents. 966 (c) This Subsection (7) does not permit a rule that: 967 (i) alters the method of levying assessments; or 968 (ii) increases the amount of assessments as provided in the declaration. 969 (8) (a) Subject to Subsection (8)(b), a rule may not: 970 (i) prohibit the transfer of a lot; or 971 (ii) require the consent of the association or board to transfer a lot. 972 (b) Unless contrary to a declaration, a rule may require a minimum lease term. 973 (9) (a) A rule may not require a lot owner to dispose of personal property that was in or 974 on a lot before the adoption of the rule or design criteria if the personal property was in 975 compliance with all rules and other governing documents previously in force. 976 (b) The exemption in Subsection (9)(a): 977 (i) applies during the period of the lot owner's ownership of the lot; and 978 (ii) does not apply to a subsequent lot owner who takes title to the lot after adoption of 979 the rule described in Subsection (9)(a). 980 (10) A rule or action by the association or action by the board may not unreasonably 981 impede a declarant's ability to satisfy existing development financing for community 982 improvements and right to develop: 983 (a) the project; or 984 (b) other properties in the vicinity of the project. 985 (11) A rule or association or board action may not interfere with: 986 (a) the use or operation of an amenity that the association does not own or control; or 987 (b) the exercise of a right associated with an easement. Enrolled Copy H.B. 82 - 37 - 988 (12) A rule may not divest a lot owner of the right to proceed in accordance with a 989 completed application for design review, or to proceed in accordance with another approval 990 process, under the terms of the governing documents in existence at the time the completed 991 application was submitted by the owner for review. 992 (13) Unless otherwise provided in the declaration, an association may by rule: 993 (a) regulate the use, maintenance, repair, replacement, and modification of common 994 areas; 995 (b) impose and receive any payment, fee, or charge for: 996 (i) the use, rental, or operation of the common areas, except limited common areas; and 997 (ii) a service provided to a lot owner; 998 (c) impose a charge for a late payment of an assessment; or 999 (d) provide for the indemnification of the association's officers and board consistent 1000 with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act. 1001 (14) (a) Except as provided in Subsection (14)(b), a rule may not prohibit the owner of 1002 a residential lot from constructing an internal accessory dwelling unit, as defined in Section 1003 10-9a-530, within the owner's residential lot. 1004 (b) Subsection (14)(a) does not apply if the construction would violate: 1005 (i) a local land use ordinance; 1006 (ii) a building code; 1007 (iii) a health code; or 1008 (iv) a fire code. 1009 [(14)] (15) A rule shall be reasonable. 1010 [(15)] (16) A declaration, or an amendment to a declaration, may vary any of the 1011 requirements of Subsections (1) through (13), except Subsection (1)(b)(ii). 1012 [(16)] (17) A rule may not be inconsistent with a provision of the association's 1013 declaration, bylaws, or articles of incorporation. 1014 [(17)] (18) This section applies to an association regardless of when the association is 1015 created. H.B. 82 Enrolled Copy - 38 - 1016 Section 16. Effective date. 1017 (1) Except as provided in Subsection (2), this bill takes effect on May 5, 2021. 1018 (2) The actions affecting the following sections take effect on October 1, 2021: 1019 (a) Section 10-8-85.4; 1020 (b) Section 10-9a-530; 1021 (c) Section 17-27a-526; 1022 (d) Section 17-50-338; 1023 (e) Section 57-8a-209; and 1024 (f) Section 57-8a-218. Moab City Council Agenda Item Meeting Date: October 12, 2021 Title: Dispersed Parking Project Task Order Disposition: Discussion and possible action Staff Presenter: Chuck Williams, City Engineer Attachment(s): Attachment 1 – Dispersed Parking Project Task Order Recommended Motion: “I move to approve the Dispersed Parking Project Task Order with Civil Science, Inc. in the amount of $495,900 and authorize the Mayor to sign it.” Background/Summary: In Senate Bill 277, the 2017 Legislature approved the use of $100 million for transportation improvements in areas with recreation and tourism activity that currently experience significant congestion. With that criteria, UDOT established a prioritization process and the Utah Transportation Commission identified four areas that warranted further evaluation, which included the City of Moab. The Dispersed Parking Project was subsequently awarded funds in conjunction with two other projects: a trail in Spanish Valley and a microtransit project. The City is not directly involved with the trail project. The City will oversee design and construction of approximately 188 stalls of dispersed, on-street parking on 10 existing paved streets using asphalt. Emma Blvd will be modified in use, with the parking portions paid by UDOT and the roadway portions paid by the City, which has set aside $400,000 for its share of the Emma Blvd improvements in this year’s approved budget. Staff selected Civil Science, Inc. from among several on-call consulting firms to develop bid-ready construction plans and contract documents for the project, and to provide bid phase services (see the scope of work in the attached Task Order). Civil Science’s on-call status with the City precludes the need to go through the lengthy process of a request for proposals. They were chosen based on their relevant professional specialties and expertise, and their previous experience with recent transportation projects in the area, which include provisional work for UDOT on the Emma Blvd portion of this project, design of the 100 West shared use path, and design of the Highway 191 widening. Their subconsultants on the project will be DHM Design and Clanton & Associates, who will be providing landscape architecture and lighting design services, respectively. Both of these subconsultants have experience working for the City. City staff have reviewed the attached Task Order, and in accordance with previous Council and Arches Hotspot Committee actions, recommend it for approval. Pa g e 1 www.civilscience.com Task Order No. 2021-2 Date October 5, 2021 Project Name Dispersed Parking Project This Task Order No. 2021-2 is issued pursuant to our Agreement dated May 28, 2019 and unless otherwise specified herein, the performance of services hereunder and the payment therefore shall be subject to the terms and conditions of said Agreement. The services authorized hereunder are described below. Task Order Fee $495,900 Task Order Fee Type: ☒ Fixed Price (Lump Sum) ☒ Hourly (T&M) Task Order Estimate of Time: From 10/15/2021 to Completion This Task Order incorporates the Exhibits noted below: ☒Exhibit A – Description of Services ☒Exhibit B – CS Standard Unit Rate and Fee Schedules ☒Exhibit C – Work Breakdown Structure ACCEPTANCE OF TASK ORDER: CIVIL SCIENCE, INC. (Consultant) CITY OF MOAB (Department) Civil Science, Inc. Attn: Tyler Turner, PE 1453 S Dixie Dr., Suite 150 St. George, UT 84770 (435) 986-0100 tturner@civilscience.com City of Moab Attn: Emily S. Niehaus 217 E Center St. Moab, UT 84532 (435) 259-4941 cwilliams@moabcity.org BY: BY: TITLE: Vice President TITLE: Mayor DATE: DATE: REPRESENTATIVE: Cody Howick REPRESENTATIVE: Chuck Williams TASK ORDER {Consulting Services Agreement} Pa g e 2 www.civilscience.com PROJECT UNDERSTANDING The City of Moab (City) has received Hotspot funding for parking improvements to help alleviate the parking pressure throughout the community and specifically along the northern section of Main Street (US-191). It is the intent of the City to have CS assembly construction drawings and contract documents in sufficient detail for issuance of a bid package for construction of the Project. The City and CS have met and reviewed the Project based on the following documents: 1.Emma Blvd Dispersed/On-Street Parking Exhibit, dated September 21, 2020 2.Downtown Parking Project Exhibits, dated September 16, 2020 3.US-191 Street Lighting Recommendations, dated February 2019 The Project is anticipated to include improvements to Emma Boulevard, Maxine Avenue and Minnie Lee Avenue for roadway and on-street parking improvements as well as street parking improvements to nine (9)blocks throughout the City including: 100 South, Center Street, 100 North, 100 East, and 200 North. To complete the Scope of Work, Civil Science has teamed with the following subconsultants: ▪DHM Design – Landscape Architecture (DHM) – Ann Christensen, Principal ▪Clanton & Associates – Electrical Engineering (C&A) – David Roederer, Senior Designer ▪David Evans & Associates – Public Involvement (DE&A) – Leah Jaramillo, PI Lead SCOPE OF WORK Based on the Project Understanding outlined above, CS will provide the following services where tasks will include: Project Meetings, Management & Coordination: 1.Provide project management including accounting, internal coordination meetings, progress reporting, active communication, informal weekly coordination via phone calls, emails, screen share etc. with the City and key staff. 2.Coordinate and meet with City and/or stakeholders up to eight (8) times during the design process. It is anticipated that these meetings will occur at the kickoff meeting, 30%, 60% and 90% and two (2) public meetings and two (2) internal stakeholder meetings. 3.Public meetings and promotion include graphic design coordination for flier, mailer, meeting materials, presentation, canvassing, draft messaging web, social content, and meeting reports. 4.General coordination with the City, utility owners, property owners, and the public. Assumptions: ▪A project specific website is excluded, it is assumed that CS will produce the web content and the City’s web designer will upload the content to the City’s website for public viewing, if desired. Design Survey & Base Mapping: 1.Review and collect data pertinent to the design, obtain information from utility owners and previously completed work and incorporate into the base map. 2.Provide design survey for the Project, set control, perform topographical GPS survey, and provide updated aerials via UAV. EXHIBIT A Description of Services Pa g e 3 www.civilscience.com 3.Coordinate with utility owners for as-builts of utilities within project corridor. 4.Map existing utilities based upon as-builts and apparent points collected in the filed with invert elevations with GPS equipment. 5.Locate other utilities by GIS mapping, blue stakes, or as evident in the field. 6.Prepare an existing base map to include existing aerials, existing utilities and known depths, and existing topography and surface. Assumptions: ▪Collection of property boundaries, easement research, and the completion of a tract map showing property lines is excluded from the Scope of Work. ▪It is assumed the improvement are well within the right-of-way or prescriptive right-of-way and CS will use County/City GIS parcel lines for placement. ▪CS will utilize property acquisition linework already completed for Emma Boulevard and Minnie Lee Avenue. ▪No property acquisition, negotiations, agreements, or legal survey instruments are included in this Scope of Work. 30% Schematic Design: 1.Perform 30% schematic design; accomplish initial layouts, alignments, profiles, for the Project based upon the documents outlined in the Project Understanding. 2.Prepare preliminary evaluations of the project including schedule, construction budget and requirements. 3.Consider up to four (4) alternative approaches to the each individual aspect of the work including pavement design, alternative pavement sections, alternative layouts, street sections, surface treatments, amenities, landscape improvements, etc. 4.Prepare analysis noting pros and cons for each alternative. 5.Complete and present a stamped design criteria document or memorandum for the Project that includes all design concepts, model results, sizing, material, capacities and analyses that will be included in the final design. This document will be in outline form and will include a request to the City for concurrence with its contents. 6.Prepare precedent images, materials palette, landscape standards, edge/apron treatments, transitions, material palettes, etc. 7.Provide colored plan renderings and perspective view illustrations of typical medians and streetscapes for public presentation. 8.Consider xeriscape and stormwater management techniques for sustainability. 9.Establish preliminary lighting design including luminaire and pole options with images for City selection, lighting calculations, power source locations, utility coordination, estimated luminaire option costs, and lighting report. 10.Prepare and provide an opinion of probable cost for the entire project for 30% Schematic Design. 11.Submit 30% Schematic Design to the City for review. Assumptions: ▪Additional modeling / rendering views available for approximately $3K per modeled view. ▪No planting or irrigation improvements or design are anticipated in the medians and therefore are not included in this Scope of Work, except for the areas outlined by Emma Boulevard. 60% Design Development: 1.Incorporate comments from 30% Schematic Design review, up to one comment response. Pa g e 4 www.civilscience.com 2.Perform 60% design; accomplish detail design; prepare for incorporation into the Contract Documents, construction drawings, and specifications to show the character and scope of work to be performed by contractors on the Project. a.60% construction drawings are anticipated to include: cover sheet, general sheets, demolition plan sheets, plan and profile sheets, typical sections, cross sections, etc. b.Special provision specifications are anticipated to supplement the APWA standard specifications. 3.Perform 60% landscape and irrigation design including layouts, hardscape plans, details, planting plans, utility coordination, specifications, quantities, and cost estimating. 4.Perform 60% lighting electrical design including lighting layout, lighting details, luminaire schedule, panel schedules, lighting control center, feeder sizing, conduit routing, utility coordination, specifications, quantities, and cost estimating. 5.Prepare and provide an opinion of probable cost for the entire project for 60% Design Development. 6.Submit 60% Design Development to the City for review. 90% Construction Documents: 1.Incorporate comments from 60% Design Development review, up to one comment response. 2.Perform 90% design; accomplish detail design; finalize incorporation into the contract documents, construction drawings, and specifications to show the character and scope of work to be performed by contractors on the Project. a.90% construction drawings are anticipated to include: cover sheet, general sheets, survey control sheets, demolition plan sheets, plan and profile sheets, grading and drainage sheets, signing and striping sheets, and detail sheets. b.Special provision specifications are anticipated to supplement the APWA standard specifications. 3.Perform 90% landscape and irrigation design including final layout, hardscape plans, treatments, details, planting plans, irrigation plans, maintenance charts with anticipated labor activities for staffing and budgeting, specifications, quantities, cost estimating. 4.Perform 90% lighting electrical design including final lighting layout, lighting details, luminaire schedule, panel schedules, one-line diagrams, lighting control centers, short circuit calculations, feeder sizing, circuiting and conduit, voltage drop calculations, electrical details, utility coordination, specifications, quantities and cost estimating. 5.Prepare and provide bidding documents that will include a bid schedule and measurement and payment. 6.Prepare and provide contract documents as required by the City. 7.Prepare and provide an opinion of probable cost for the entire project for 90% Construction Documents. 8.Submit 90% Construction Documents to the City for review. Final Design & Permitting: 1.Incorporate comments from 90% Construction Documents review, up to one comment response and prepare final documents for signature and reproduction. 2.Prepare final contract documents including: construction drawings, bidding documents, agreement documents, general conditions, supplemental general conditions, specifications, and special provisions for reproduction. 3.Complete final lighting electrical design including final lighting layout, lighting details, luminaire schedule, panel schedules, one-line diagrams, lighting control centers, short circuit calculations, Pa g e 5 www.civilscience.com feeder sizing, circuiting and conduit, voltage drop calculations, electrical details, utility coordination, specifications, quantities and cost estimating. 4.Submit 100% design and final bid package to the City for bidding. 5.Assist the City in obtaining approvals by governmental agencies of the final design, prior to going out for contractor bids. Traffic Control Plans: 1.Prepare temporary traffic control plans sheets to be used by the selected contractor during the construction. Plans will be consistent will the Utah MUTCD and other applicable standards. 2.Prepare and provide any technical specifications or limitations relating to traffic restrictions. 3.Consider and provide recommendations for phasing, closures, and sequencing of construction. 4.Prepare and provide additional bidding documents, descriptions and opinion of probable costs for items directly related to traffic control. Bid Phase Services: 1.Assist the City in advertisement for public bid. 2.Conduct a pre-bid meeting, answer questions, clarify expectations of the contractor, explain design rationale. 3.Answer bid phase questions related to the construction documents. 4.Issue addenda to clarify requirements, scope, quality and quantity of the improvements to be completed. 5.Review bids with project requirements, issue bid tabulation and issue Notice of Intent to Award. 6.Assist the City in securing agreement, bonds, and insurance from the contractor. FEE PROPOSAL CS proposes to complete the Scope of Work outlined above as follows: Task Description Total Fee Fee Type Fee Breakdown per Consultant CS DHM C&A DE&A Project Meetings, Management & Coordination $99,700 Lump Sum $28,200 $24,700 $15,300 $31,500 Design Survey & Base Mapping $32,600 Lump Sum $32,600 - -- 30% Schematic Design $112,200 Lump Sum $63,900 $38,400 $9,900 - 60% Design Development $103,600 Lump Sum $73,400 $12,300 $17,900 - 90% Construction Documents $99,000 Lump Sum $70,900 $16,200 $11,900 - Final Design & Permitting $28,200 Lump Sum $19,200 $2,200 $6,800 - Traffic Control Plans $8,800 Lump Sum $8,800 - -- Design Total $484,100 Lump Sum $297,000 $93,800 $61,800 $31,500 Bid Phase Services $11,800 Hourly $11,800 - -- Task Order Total $495,900 Pa g e 6 www.civilscience.com Professional fees shown are not to exceed unless upon written authorization from the City. Professional services rendered for the Hourly Fee Type will be completed by CS at the rates and fees given in the Agreement. SCHEDULE CS understands the importance of maintaining a project schedule and we are confident our track record and our ability to provide these services according to the City’s desires. Upon award, we will work with the City to establish a realistic design schedule for the Project. In our initial conversations it is anticipated to begin construction in the fall of 2022, but will be highly dependent on results of the 30% schematic design phase. ADDITIONAL SERVICES The City may authorize CS to furnish or obtain from others additional services of the types listed below, which are not included in the basic Scope of Work. If such additional services are authorized by the City, CS shall be entitled to an equitable increase in compensation for such additional services. 1.Preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project (which are not part of Scope of Work). 2.Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by City or others. 3.Services resulting from significant changes in the scope, extent, or character of the portions of the project designed or specified by CS or its design requirements including, but not limited to, changes in size, complexity, City’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, drawings, specifications, or contract documents when such revisions are required by changes in laws and regulations enacted subsequent to the effective date of this agreement or are due to any other causes beyond CS’s control. 4.Services required as a result of City’s providing incomplete or incorrect project information to CS. 5.Providing renderings or models for City’s use outside the Scope of Work. 6.Services attributable to more than one prime construction contract unless provided for otherwise in the Scope of Work. 7.Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by City; and performing or furnishing services required to revise studies, reports, drawings, specifications, or other bidding documents as a result of such review processes. 8.Preparing additional bidding documents or contract documents for alternate bids or prices requested by City for the work or a portion thereof. 9.Determining the acceptability of substitute materials and equipment proposed during the bidding or negotiating phase when substitution prior to the award of contracts is allowed by the bidding documents. 10.Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by the Scope of Work. 11.Providing construction surveys and staking to enable the contractor to perform its work unless included in the Scope of Work and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 12.Providing construction phase services. Pa g e 7 www.civilscience.com 13.Preparing to serve or serving as a consultant or witness for City in any litigation, arbitration, or other dispute resolution process related to the project. 14.Laboratory tests, well tests, borings, hydraulic investigations, soils investigations, water quality studies, or other studies or tests recommended by the CS and completed by CS, CS’s consultants, or specialists in the discipline, subject to the provisions outlined in this agreement, regardless of which phase of the project the studies or tests are requested or occur in. 15.Searching out property owners and negotiating for easements, land, or rights-of-way, etc. 16.Completing property surveys, property plats, property descriptions, and abstracting. 17.Redesigns ordered by City after final plans have been accepted by City or after substantial design work has been completed on previously approved design concepts. 18.GIS mapping of project and/or conversion of AutoCAD drawings to GIS compatible mapping or vice versa. Pa g e 8 www.civilscience.com Exhibit B – CS Standard Unit Rates and Fee Schedule (2/2021) LABOR RATES – Services provided by CS personnel will be invoiced at the unit rates identified below: Labor Category Hourly Labor Rate1 Labor Category Hourly Labor Rate1 Engineer I $96.00 Technician I $79.00 Engineer II $112.00 Technician II $90.00 Engineer III $129.00 Technician III $106.00 Engineer IV $139.00 Technician IV $122.00 Engineer V $152.00 Technician V $133.00 Engineer VI $170.00 Technician VI $140.00 Survey I $74.00 Project Manager $140.00 Survey II $90.00 Senior Project Manager I $152.00 Survey III $110.00 Senior Project Manager II $165.00 Survey IV $129.00 Admin I $62.00 Survey V $142.00 Admin II $75.00 Survey VI $155.00 Admin III $99.00 Survey Crew – 1-Man $118.00 Admin IV $120.00 Survey Crew – 2-Man $180.00 Admin V $150.00 Sr. Landscape Architect $140.00 Clerical I $56.00 Landscape Architect $120.00 DIRECT REIMBURSABLE RATES: TIME CHARGES: Time reporting for all office personnel is based upon actual time in office. Time reporting for all field work is based upon actual field work plus travel time to and from assigned office location. Time billed in 15 minutes increments. OTHER DIRECT COSTS: Expenses for in-house services such as computer usage, copying, and reprographics, are billed at a fixed rate or unit prices whichever is applicable and as agreed upon. Specialized instrumentation, mobile laboratories, and related equipment are billed at fixed daily or weekly rate depending on the period of usage. Rate schedules are available upon request. Costs for project specific supplie s or travel related expenses (lodging, meals, airfare, vehicle rental, etc.) are invoiced at the cost plus a 1 5% handling charge or as agreed upon. AUDIT PRIVILEGES: All job audit privileges of CLIENT will extend only to review, and approval of monthly invoices submitted by CS to CLIENT. Invoices prepared and submitted by CS will include copies of source documents of all expenditures including: time, travel, subcontracts, supplies, equipment, materials, or premiums. The CLIENT may review, debate, or qualify items for payment at the time of invoice review and approval and payment of invoice. CLIENT waves post job audit privileges beyond invoice approval. CS will not retain job related support documents or any other billing documents beyond the periodic period, review period, and collection by CS of invoices submitted. ESTIMATES: Estimates are provided to the CLIENT for budgeting purposes only and are not an agreement by CS to perform the services for a lump-sum, fixed fee, or not to exceed price unless otherwise provided for in the contract. CS reserves the right to change rates used on rate- based reimbursable contracts. Mileage $ 0.56 / mile Full Day Per-Diem (as necessary and agreed upon) $ 55 / person / day Partial Day Per-Diem (as necessary and agreed upon) $ 41 / person / day Lodging (as necessary and agreed upon) $ Cost / Night + 15% Mark Up Outside Consultants / Subconsultants $ Cost + 15% Mark Up Other Expenses Occurred $ Cost + 15% Mark Up CIVIL SCIENCE INFRASTRUCTURE, INC. Short Form Consulting Services Contract Client/CS Form 1 Rates change annually at beginning of year and may change on other occasions Pa g e 1 www.civilscience.com Exhibit C – Work Breakdown Structure CIVIL SCIENCE INFRASTRUCTURE, INC. Short Form Consulting Services Contract Client/CS Form Moab City Dispersed Parking Project Hour Derivation & Cost Phase Task No.Task Description HR $HR $HR $HR $HR $HR $HR $HR $HR $HR $HR $HR $HR $Miles $Night s $Days $$+ Mark Up $+ Mark Up $+ Mark Up 001 Project Management - Setup, Invoicing, Tracking, Reporting, etc.40 9,400$ 5,192$ -$ 4,240$ -$ 2 340$ 26 3,952$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 12 900$ -$ -$ -$ 3,658$ 3,841$ 380$ 399$ -$ 002 Project Meetings (4 Milestones & 2 Public Mtgs & 2 Stakeholder Mtgs)100 87,200$ 14,832$ 5,176$ 67,219$ -$ -$ 84 12,768$ -$ -$ 16 2,064$ -$ -$ -$ -$ -$ -$ -$ -$ 5,600 3,136$ 8 1,600$ 8 440$ 19,874$ 20,868$ 14,160$ 14,868$ 29,984$ 31,483$ 003 General Coordination with City, Utility Owners, Public, etc.25 3,100$ 3,112$ -$ -$ -$ -$ 1 152$ -$ -$ 16 2,064$ -$ 8 896$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 004 Design Survey - Review & Collect Data 8 1,000$ 1,032$ -$ -$ -$ -$ -$ -$ -$ 8 1,032$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 005 Design Survey - Aerial & Control 48 6,900$ 5,723$ 1,212$ -$ -$ -$ -$ -$ -$ 1 129$ -$ 8 896$ 4 568$ 35 4,130$ -$ -$ -$ -$ 700 392$ 3 600$ 4 220$ -$ -$ -$ 006 Design Survey - Topography & Utilities 116 16,600$ 14,059$ 2,542$ -$ -$ -$ -$ -$ -$ 1 129$ -$ 4 448$ 16 2,272$ 95 11,210$ -$ -$ -$ -$ 700 392$ 8 1,600$ 10 550$ -$ -$ -$ 007 Design Survey - Base Map Preparation 86 8,100$ 8,080$ -$ -$ -$ -$ -$ -$ -$ 4 516$ -$ 16 1,792$ 2 284$ -$ -$ 16 1,696$ 48 3,792$ -$ -$ -$ -$ -$ -$ -$ 008 30% Schematic Design - Initial Parking/Street Layout 172 21,000$ 21,016$ -$ -$ -$ 8 1,360$ 16 2,432$ -$ -$ 96 12,384$ -$ -$ -$ -$ 12 1,680$ -$ 40 3,160$ -$ -$ -$ -$ -$ -$ -$ 009 30% Schematic Design - Initial Utility Coordination 88 9,400$ 9,426$ -$ -$ -$ -$ 2 304$ -$ -$ 10 1,290$ -$ 48 5,376$ -$ -$ 4 560$ -$ 24 1,896$ -$ -$ -$ -$ -$ -$ -$ 010 30% Schematic Design - Initial Grading/Drainage Analysis 56 6,000$ 6,024$ -$ -$ -$ -$ -$ -$ 16 2,064$ 16 2,064$ -$ -$ -$ -$ -$ -$ 24 1,896$ -$ -$ -$ -$ -$ -$ -$ 011 30% Schematic Design - Pavement Section Alternatives 124 15,200$ 15,192$ -$ -$ -$ 8 1,360$ 8 1,216$ 24 3,336$ -$ 48 6,192$ -$ -$ -$ -$ 4 560$ -$ 32 2,528$ -$ -$ -$ -$ -$ -$ -$ 012 30% Schematic Design - Project Design Criteria Document 33 4,400$ 4,374$ -$ -$ -$ 1 170$ 2 304$ 1 139$ 1 129$ 16 2,064$ -$ 4 448$ -$ -$ 8 1,120$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 013 30% Schematic Design - Engineers Opinion of Cost 20 2,500$ 2,512$ -$ -$ -$ -$ 2 304$ -$ -$ 4 516$ 4 516$ 8 896$ -$ -$ 2 280$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 014 30% Schematic Design - QA/QC, Submit, Incorporate Comments 46 5,400$ 5,388$ -$ -$ -$ 2 340$ 6 912$ -$ -$ 16 2,064$ -$ -$ -$ -$ 6 840$ -$ 8 632$ 8 600$ -$ -$ -$ -$ -$ -$ 015 30% Schematic Design - Landscape Architecture 0 38,400$ -$ -$ 38,409$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 36,580$ 38,409$ -$ -$ 016 30% Schematic Design - Electrical Engineering 0 9,900$ -$ -$ 9,896$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 9,425$ 9,896$ -$ 017 60% Design Development - Finalize Parking/Street Geometry 76 10,400$ 10,448$ -$ -$ -$ 8 1,360$ 8 1,216$ -$ -$ 48 6,192$ -$ -$ -$ -$ 12 1,680$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 018 60% Design Development - Coordinate Utility Impacts 40 4,800$ 4,842$ -$ -$ -$ -$ 2 304$ -$ -$ 10 1,290$ -$ 24 2,688$ -$ -$ 4 560$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 019 60% Design Development - Finalize Grading & Drainage Design 83 10,800$ 10,752$ -$ -$ -$ -$ 1 152$ -$ 32 4,128$ 48 6,192$ -$ -$ -$ -$ 2 280$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 020 60% Design Development - General Sheets & Cross Ref Map 30 2,900$ 2,938$ -$ -$ -$ -$ -$ -$ -$ 2 258$ -$ -$ 4 568$ -$ -$ 8 848$ 16 1,264$ -$ -$ -$ -$ -$ -$ -$ 021 60% Design Development - Existing Conditions / Removal Plan 109 9,300$ 9,306$ -$ -$ -$ -$ 1 152$ -$ -$ 10 1,290$ -$ -$ -$ -$ 2 280$ -$ 96 7,584$ -$ -$ -$ -$ -$ -$ -$ 022 60% Design Development - Initial Typical / Cross Sections 70 7,400$ 7,400$ -$ -$ -$ 4 680$ 8 1,216$ -$ -$ 16 2,064$ -$ -$ -$ -$ 2 280$ -$ 40 3,160$ -$ -$ -$ -$ -$ -$ -$ 023 60% Design Development - Initial Roadway Plan & Profiles 128 11,900$ 11,908$ -$ -$ -$ 2 340$ 4 608$ -$ -$ 24 3,096$ -$ -$ -$ -$ 2 280$ -$ 96 7,584$ -$ -$ -$ -$ -$ -$ -$ 024 60% Design Development - Initial Utility Plan & Profiles 75 7,300$ 7,320$ -$ -$ -$ -$ 1 152$ -$ -$ 24 3,096$ -$ -$ -$ -$ 2 280$ -$ 48 3,792$ -$ -$ -$ -$ -$ -$ -$ 025 60% Design Development - Update Engineers Opinion of Cost 11 1,400$ 1,396$ -$ -$ -$ -$ 1 152$ -$ -$ 2 258$ 2 258$ 4 448$ -$ -$ 2 280$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 026 60% Design Development - Constructability Review 15 2,100$ 2,066$ -$ -$ -$ 1 170$ 2 304$ -$ -$ -$ 8 1,032$ -$ -$ -$ 4 560$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 027 60% Design Development - QA/QC, Submit, Incorporate Comments 44 5,100$ 5,108$ -$ -$ -$ 2 340$ 6 912$ -$ -$ 16 2,064$ -$ -$ -$ -$ 4 560$ -$ 8 632$ 8 600$ -$ -$ -$ -$ -$ -$ 028 60% Design Development - Landscape Architecture 0 12,300$ -$ -$ 12,323$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 11,736$ 12,323$ -$ -$ 029 60% Design Development - Electrical Engineering 0 17,900$ -$ -$ 17,861$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 17,010$ 17,861$ -$ 030 90% Construction Documents - Finalize Utility Impacts & Mitigation 52 6,300$ 6,344$ -$ -$ -$ -$ 4 608$ -$ -$ 8 1,032$ -$ 32 3,584$ -$ -$ 8 1,120$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 031 90% Construction Documents - Finalize Typical / Cross Sections 40 4,500$ 4,532$ -$ -$ -$ 2 340$ 2 304$ -$ -$ 16 2,064$ -$ -$ -$ -$ 4 560$ -$ 16 1,264$ -$ -$ -$ -$ -$ -$ -$ 032 90% Construction Documents - Finalize Plan & Profiles 60 6,000$ 5,956$ -$ -$ -$ 2 340$ 2 304$ -$ -$ 8 1,032$ -$ -$ -$ -$ 8 1,120$ -$ 40 3,160$ -$ -$ -$ -$ -$ -$ -$ 033 90% Construction Documents - Grading & Drainage Plans 82 8,300$ 8,312$ -$ -$ -$ -$ 2 304$ -$ 16 2,064$ 8 1,032$ -$ -$ -$ -$ 8 1,120$ -$ 48 3,792$ -$ -$ -$ -$ -$ -$ -$ 034 90% Construction Documents - Signing & Striping Plans 75 7,500$ 7,450$ -$ -$ -$ 1 170$ 2 304$ -$ -$ 16 2,064$ -$ -$ -$ -$ 8 1,120$ -$ 48 3,792$ -$ -$ -$ -$ -$ -$ -$ 035 90% Construction Documents - Detail Sheets 98 10,500$ 10,472$ -$ -$ -$ -$ 2 304$ -$ -$ 16 2,064$ -$ 24 2,688$ 8 1,136$ -$ 8 1,120$ -$ 40 3,160$ -$ -$ -$ -$ -$ -$ -$ 036 90% Construction Documents - Compile Construction Drawings 48 4,200$ 4,192$ -$ -$ -$ -$ -$ -$ -$ 8 1,032$ -$ -$ -$ -$ -$ -$ 40 3,160$ -$ -$ -$ -$ -$ -$ -$ 037 90% Construction Documents - Bid Schedule & Quantities 52 6,300$ 6,344$ -$ -$ -$ -$ 4 608$ -$ -$ 8 1,032$ -$ 32 3,584$ -$ -$ 8 1,120$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 038 90% Construction Documents - Special Provision Specifications 36 4,800$ 4,824$ -$ -$ -$ -$ 4 608$ -$ -$ 24 3,096$ -$ -$ -$ -$ 8 1,120$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 039 90% Construction Documents - Compile Project Manual 32 4,100$ 4,128$ -$ -$ -$ -$ -$ -$ -$ 32 4,128$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 040 90% Construction Documents - Update Engineers Opinion of Cost 14 1,800$ 1,828$ -$ -$ -$ -$ 2 304$ -$ -$ 2 258$ 2 258$ 4 448$ -$ -$ 4 560$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 041 90% Construction Documents - QA/QC, Submit, Incorporate Comments 54 6,600$ 6,580$ -$ -$ -$ 2 340$ 12 1,824$ -$ -$ 16 2,064$ -$ -$ -$ -$ 8 1,120$ -$ 8 632$ 8 600$ -$ -$ -$ -$ -$ -$ 042 90% Construction Documents - Landscape Architecture 0 16,200$ -$ -$ 16,202$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 15,430$ 16,202$ -$ -$ 043 90% Construction Documents - Electrical Engineering 0 11,900$ -$ -$ 11,923$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 11,355$ 11,923$ -$ 044 Final Design & Permitting - Final Coord for Utility Impacts 38 4,900$ 4,856$ -$ -$ -$ -$ 6 912$ -$ -$ 8 1,032$ -$ 16 1,792$ -$ -$ 8 1,120$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 045 Final Design & Permitting - Revise Plans & Construction Documents 78 7,800$ 7,752$ -$ -$ -$ -$ 2 304$ -$ -$ 24 3,096$ -$ -$ -$ -$ 4 560$ -$ 48 3,792$ -$ -$ -$ -$ -$ -$ -$ 046 Final Design & Permitting - Stamped Final Bid Package & EOC 62 6,500$ 6,488$ -$ -$ -$ -$ 2 304$ -$ -$ 24 3,096$ -$ -$ -$ -$ 4 560$ -$ 32 2,528$ -$ -$ -$ -$ -$ -$ -$ 047 Final Design & Permitting - Traffic Control Plans & Sequencing 86 8,800$ 8,832$ -$ -$ -$ -$ 6 912$ -$ -$ -$ 32 4,128$ -$ -$ -$ -$ -$ 48 3,792$ -$ -$ -$ -$ -$ -$ -$ 048 Final Design & Permitting - Landscape Architecture 0 2,200$ -$ -$ 2,209$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2,104$ 2,209$ -$ -$ 049 Final Design & Permitting - Electrical Engineering 0 6,800$ -$ -$ 6,830$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6,505$ 6,830$ -$ 050 Bid Phase Services 100 11,800$ 11,200$ 647$ -$ -$ -$ 20 3,040$ -$ -$ -$ 40 5,160$ -$ -$ -$ -$ -$ -$ 40 3,000$ 700 392$ 1 200$ 1 55$ -$ -$ -$ Total 2650 495,900$ 299,536$ 9,577$ 187,111$ -$ 45 7,650$ 253 38,456$ 25 3,475$ 65 8,385$ 670 86,430$ 88 11,352$ 232 25,984$ 34 4,828$ 130 15,340$ 160 22,400$ 24 2,544$ 848 66,992$ 76 5,700$ 7,700 4,312$ 20 4,000$ 23 1,265$ 89,382$ 93,851$ 58,835$ 61,777$ 29,984$ 31,483$ $ 118.00 Cody Howick BUDGET / FEE SUMMARY Hours Total REIMBURSABLE EXPENSE $ 79.00 Austin Johnson L a b o r LABOR AMOUNT Engineer V $ 152.00 Tyler Turner Engineer VI $ 170.00 Engineer IV Paul Wilson $ 106.00 Engineer II Survey V Brandon Ferrell Survey Crew - 1-Man Jeff Peay Technician III Technician I Brandon Weight Kelvin Smith Engineer III Payton Bullock Travis Sanders $ 129.00 $ 139.00 $ 129.00 $ 142.00 $ 112.00 5% Engineer III Engineer III $ 129.00 Jacob Howell $ 140.00 Mileage (per mile) Lodging (per night) Full Per-Diem (per person per day) DHM Design (Landscape Architecture) Clanton & Associates (Electrical Engineering) 99,000$ 37,000$ SUBCONSULTANTS 99,700$ David Evans & Associates (Public Involvement) 5% 32,600$ 103,600$ 112,200$ Re i m b u r s a b l e E x p e n s e s Re i m b u r s a b l e S u b c o n s u l t a n t D i r e c t E x p e n s e s Dennis Petty 5% Sr. Landscape Architect $ 0.56 $ 200.00 $ 55.00 Jodi Bennett Admin II $ 75.00 Moab City Council Agenda Item Meeting Date: October 12th, 2021 Title: Comment letter for the United States Forest Service Manti-La Sal Forest Plan Revision Presenter: Mila Dunbar-Irwin Attachment(s): Draft letter Recommended Motion: I move to approve the comment letter for the Forest Service Manti-La Sal Forest Plan Revision. Background/Summary: The Manti-La Sal National Forest signed its current forest plan in 1986, 35 years ago. The National Forest Management Act requires that all National Forests have land management plans to provide strategic guidance for how forests are managed for multiple uses. These plans must be updated to remain current. The plan revision addresses the ecological, social, and economic changes over the past 35 years by adapting to new scientific information, rules, and laws. The City of Moab, in addition to County of Grand, San Juan County, and the Town of Castle Valley are cooperating agencies, a formal role available to local governments. Moab has periodically engaged with the USFS planning team during the last few years as they did the pre-planning tasks of this process. The process begins with the United States Forest Service (USFS) putting together a draft plan revision, which then goes out to the public for a public comment scoping period. This period began on August 25th, 2021 and ends October 25, 2021, and is the time when interested parties can submit a comment asking the USFS to consider certain things, including alternative plans, for the Environmental Impact Statement (EIS). The Draft EIS will be published in Summer 2022 and will include the environmental consequences of implementing each of the considered alternatives. There is another public comment period after the Draft EIS is released, in which the City will have an opportunity to comment on the various alternatives the USFS has decided to propose. After this, the USFS will publish a Final EIS and Final Forest Plan, which will then have a 60-day objection period. The USFS will then resolve any objections and record the Final Forest Plan and Final EIS, followed by implementation and monitoring. The current public comment period (to produce the Draft EIS) is where the Council has the opportunity to express their desired priorities and encourage the USFS to consider alternative plans. They must consider submitted alternatives, but there is no rule governing how much attention they give them, which is where the Council can weigh in. For more background on the forest planning process from the Manti-La Sal planning website (https://www.fs.usda.gov/main/mantilasal/landmanagement/planning): “Forest plans are legally required documents that establish broad, long-range, general management direction to maintain or achieve desired conditions. Together, desired conditions and objectives describe what actions Forest Service managers intend to implement across the Manti-La Sal landscape while still providing sustainable usage by individuals and communities. As forest and community needs change, forest plans should be amended or revised to respond to these changes and incorporate the latest scientific knowledge and understanding of land management. The process of revising a forest plan includes the following steps: assessment, preliminary identification of the need to change the plan based on the assessment, development of a proposed plan, consideration of the environmental effects of the proposal (environmental impact statement), providing an opportunity to comment on the proposed plan and environmental effects analysis, providing an opportunity to object before the proposal is approved, and, finally, approval of the plan revision. The legal notice of intent was published on August 25th, 2021 in the federal register.” The Conservation Alternative is an alternative Forest Management Plan for the Manti-La Sal put together by a group of organizations committed to responsible environmental stewardship and natural resource protection. It parallels the USFS Draft Plan in structure, format, and scope, and puts forth alternative options. The final plan can incorporate any aspects of the Conservation Alternative, and / or other alternatives submitted. The Draft EIS may or may not publish alternatives in full. This letter is seeking to support the publishing and full consideration of the Conservation Alternative. It does not support all aspects of the alternative plan, but merely the full consideration. More information on the Conservation Alternative from their website (https://www.mantilasalconservationalternative.org/): “Compared to the MLNF draft plan, the Conservation Alternative places greater emphasis on the following: ● Reasonable sideboards on uses of the forest and its natural resources in light of the climate crisis ● Protection of native species and habitats over intense commercial and recreational pressures ● Meaningful inclusion of Tribal perspectives and proposals in planning and management ● Important commitments of the MLNF to the public throughout the life of the plan Since 2019, several non-governmental conservation organizations have been contributing to the development of a Conservation Alternative to the Manti-La Sal NF (MLNF) initial draft plan. It is our vision of how the Manti-La Sal NF should be managed and cared for by the Forest Service and users in the coming 10-15 years. The MLNF released its preliminary draft plan to the public on October 1, 2020. We released a draft Conservation Alternative to the public on October 5. The Conservation Alternative parallels the MLNF draft plan for all sections and elements (Goals, Desired Conditions, Objectives, Standards and Guidelines) so that the two plans can be directly compared. The two plans are similar for some elements, but also differ in significant places. The alternatives section should present the environmental impacts of the proposed action and the alternatives in comparative form based on the information and analysis presented in the sections on the affected environment (§ 1502.15) and the environmental consequences (§ 1502.16). In this section, agencies shall: ● Evaluate reasonable alternatives to the proposed action, and, for alternatives that the agency eliminated from detailed study, briefly discuss the reasons for their elimination. ● Discuss each alternative considered in detail, including the proposed action, so that reviewers may evaluate their comparative merits. Generally, the federal agency (in this case the Manti-La Sal NF, or MLNF) that is undertaking an EIS develops alternatives out of comments provided by the public (including Grand County, other agencies, businesses, scientists, citizens) during a scoping period. But in fact, other agencies and non-government organizations and even individuals can submit comprehensive alternatives that parallel the agency alternatives. If an alternative is reasonable and different from the agency’s alternative(s), it can be expected to be published and compared to agency alternatives in the Draft and Final EIS. This has happened many times before. It is important that the Conservation Alternative appear in the Draft EIS because the MLNF will then need to compare the environmental consequences of implementing each of the alternatives. It also allows the public to comment on which pieces of which alternatives they would like to see in the final forest plan. In its final forest plan (in Summer 2023), the MLNF can incorporate pieces from any/all of the alternatives displayed in the Draft EIS (Summer 2022).” Moab City Council Oct 13, 2021 217 E Center Street Moab UT 84532 To: Manti-La Sal National Forest Supervisor’s Office 599 West Price River Drive Price, UT 84501 To Whom It May Concern: The Moab City Council would like to express their support for the Conservation Alternative to be considered fully and equally in the Draft EIS for the Manti-La Sal Forest Plan Update scheduled for 2022. The Council believes there are many aspects of the Conservation Alternative that warrant full consideration as a means to the conditions that are in the best interests of the City of Moab and our larger community. Specifically, we would like to draw attention to the watershed protections, climate adaptation plan, opportunities for enjoyment of recreation in a quiet environment, habitat and wildlife protections, and the encouragement of independent science on the Manti-La Sal. Our watershed is essential to our continued enjoyment of life in Moab, and the community in the City and Spanish Valley depend on the aquifer recharge and filtration provided by the water that falls on the La Sals. The La Sals offer a wide variety of recreational opportunities which is of primary importance to both Moab residents and businesses. We think a top planning priority is to fairly allocate recreational opportunities amongst various groups, even as use numbers increase. We hope that hikers, bikers, jeepers, UTVers, skiers and others will all have ample recreational opportunities in the La Sals. In particular, we ask that you consider the noise impacts of on and off-road motorized vehicles as a user conflict area, rather than limiting the consideration of conflict to the narrow strip of physical interaction on roads. This will not happen by accident; it will require a careful “zoning” approach by the USFS. Given the loudness and growing popularity of ATVs, snowmobiles, and dirt bikes we think that a reasonable percentage of the planning area should be more than one mile from roads. The present road network is not the result of a careful planning process that kept recreational opportunities in mind. Intentional goals and design is an opportunity for the USFS to implement travel planning that will serve us well decades into the future. It is our understanding that roughly 69% of the La Sals in USFS land is within half a mile of a motorized route and less than 8% is more than a mile from a motorized route. This does not seem balanced to us. We hope that future travel planning will result in 15% of the area or more being more than a mile from a motorized route and 40% more than half a mile from a motorized route. Much of the east side of the La Sals has been managed and promoted for motorized recreation, and we hope the USFS managed lands can balance the recreational allocation. Further consideration of the identified possible wilderness zones could contribute significantly to the above goals. It appears that the south edge of the zone encompassing the north La Sal peaks may include the Burro Pass trail. We encourage you to conduct a robust stakeholder process regarding possible use changes for this high use trail and we support the inclusion of bike recreation in the analysis. We also support the Research Natural Area provisions in the Conservation Alternative as proposed, and in addition, encourage you to allow independent science and research to take place on the Manti-La Sal, in all areas as appropriate. Our mountains are under-studied, and we will all benefit from more knowledge of the ecological and geologic processes taking place in this area critical to the wellbeing of its and adjacent natural and human communities, especially the City of Moab. Climate change adaptation and resilience are of great importance to the City of Moab and our community at large. Measures targeting this area will contribute to the City’s ongoing provision of safe and reliable drinking water for our customers, but also a beautiful place to recreate, habitat for wildlife, and an important carbon storage area. We ask that you make this a priority for the new plan, including wildfire preparedness and smart forest planning to allow for healthy fire to be a management tool without being a disaster. Maintaining the current species mix of conifers and a healthy understory is paramount to the continued resiliency of our forest, and we hope you are prioritizing this goal. Additionally, we strongly support the CA’s proposal to adjust, annually and early, recreational fire, grazing, and other uses, based on drought levels, to reduce the harm to our watershed from human caused wildfire and overgrazing, such as have previously impacted the La Sals. Allowing grazing and unregulated dispersed camping to degrade the crucial areas of our upper watershed is contrary to the best interests of our community, and we ask that you consider removing these uses from the Moab Geographic Area, as detailed in the Conservation Alternative. In addition, continuing to allow bear pursuit hunting in areas where many more people go to enjoy quiet recreation opportunities is dangerous and contrary to allowing multiple use. Even if the USFS chooses to continue to not exercise its right to manage wildlife, the use of packs of unleashed dogs by a tiny fraction of forest users for this activity can be regulated. Introduced and exotic mountain goats should be removed from the forest due to their ongoing damage to the delicate alpine ecosystem, and Mt Peale RNA. Thank you for your ongoing work across several years and multiple Manti La Sal and DC leadership changes. As you have noted, the Forest Plan is due for revision, and we wholeheartedly agree, especially in light of changing use and the changing climate, and the critical importance of the La Sals for our water, citizens and visitors, and economy. We appreciate and support the creation of the Moab Geographic Area as a tool to manage the unique values and resources on the west face of the La Sals. And, we greatly appreciate the ongoing opportunities to engage with the Forest Plan Revision, and the responsiveness of USFS staff. Sincerely, ___________________________________ Moab City Council Moab City Council Agenda Item Meeting Date: 10.12.2021 Title: Surplus Property Attachments: Proposed Resolution #32-2021 Surplus Property List Options: Approve, Deny, or Modify Recommended Motion: I move to approve Resolution #32-2021 A resolution of the Governing Body Declaring City Property as Surplus. Background/Summary: Property Surplus that the City of Moab no longer has use for. Upon passing the resolution to surplus these items, some of them will be donated. Resolution #__-2021 RESOLUTION 32-2021 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB DECLARING CERTAIN PROPERTY OWNED BY THE CITY OF MOAB AS SURPLUS WHEREAS, Moab City has the right and title to certain property listed below and; WHEREAS, the Governing Body of Moab City declares that at present time, it has no use whatsoever for said property. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF MOAB CITY THAT: 1. The property detailed on the attached list is hereby declared as surplus city property. 2. This resolution shall take effect immediately upon passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council this 12th day of October, 2021. SIGNED: ______________________________ Emily S. Niehaus, Mayor ATTEST: __________________________________ Sommar Johnson, City Recorder #Item Year VIN Serial Number Description Quantity 177 F150 2005 IFTPW14545FA30115 1 103 F350 2001 IFDWF36521EB516 1 193 CHARGER 2007 23KA43H34H644632 1 123 CHARGER 2012 2C3CDXAT6DH521930 1 181 F150 2006 IFTVX12586NA43805 1 250 SHAMROCK Serial # T04039D511627 Sewer jetter trailer Bulk Totes non-potable 34 "Old Fort" Painting Otho Murphy painting of Old Fort 1 FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget 7/1/2021 8/1/2021 9/1/2021 7/1/2021 6/30/2022 7/31/2021 8/31/2021 9/30/2021 9/30/2021 10 General Fund Change In Net Position Revenue: Taxes SALES & USE TAXES 314,934 372,747 229,801 917,482 2,362,405 39% RAP TAXES 45,536 54,257 31,076 130,869 319,541 41% FRANCHISE TAXES 2,286 16,877 3,551 22,713 144,707 16% HIGHWAY TAXES 138,783 166,067 93,055 397,905 932,858 43% TRANSIENT ROOM TAXES 238,805 292,287 139,038 670,130 1,469,701 46% RESORT COMMUNITY TAXES 723,893 871,122 477,557 2,072,572 4,786,664 43% ENERGY TAXES 16,492 22,654 21,524 60,670 168,308 36% Total Taxes 1,480,730 1,796,011 995,601 4,272,341 10,184,184 42% Licenses and permits FLAT BUSINESS LICENSES 1,282 99 437 1,818 12,000 15% SPECIAL EVENT LICENSES 466 2,218 - 2,684 6,000 45% SIGN PERMITS - - - - 200 0% BUILDING PERMITS - CITY 3,356 2,630 5,218 11,203 40,000 28% BUILDING PERMITS - COMMERCIAL 27,314 5,927 8,148 41,389 30,000 138% 1% BLDG PERMIT CHARGE 306 126 135 315 500 63% PLAN CHECK FEES 25,433 935 15,472 41,841 - #DIV/0! PLANNING & ZONING ALL OTHER FE 1,130 719 5,731 7,580 10,000 76% OTHER LICENSES & PERMITS 50 25 - 75 - #DIV/0! Total Licenses and permits 59,337 12,678 35,141 106,905 98,700 108% Intergovernmental revenue PSafety - STATE LIQUOR FUND AL - - - - 28,000 0% PSafety - MISC STATE GRANTS 10,556 - - 10,556 - #DIV/0! PSafety - VICTIM ADVOCATE GRAN - - - - 58,115 0% PSafety - VICTIM ADVOCATE - - - - - #DIV/0! SAN JUAN CO. CONTRIBUTION - - - - 5,000 0% GRAND COUNTY CONTRIBUTION - - - - 38,974 0% Total Intergovernmental revenue 10,556 - - 10,556 130,089 8% Charges for services SPECIAL SERVICES BY CITY DEPTS - - - - 2,000 0% SPECIAL EVENT SERVICES BY CITY - - - - - #DIV/0! SPECIAL SERVICES BY ENGINEERIN - - - - 35,000 0% SPECIAL SERVICES BY TREASURER - - - - - #DIV/0! GARBAGE BILLING / COLLECTION 16 6,895 6,901 13,811 84,000 16% REFUSE COLLECTION CHARGES 107,685 107,685 107,955 323,324 1,200,000 27% RECYLING COLLECTION CHARGES 8,130 48 8,162 16,340 60,000 27% PSafety - ANIMAL SHELTER FEES 1,545 310 360 2,215 6,000 37% PSafety - ANIMAL SHELTER INTER 7,113 900 720 8,733 14,500 60% PSafety - SECURITY SERVICES - - - - 2,000 0% PSafety - SPECIAL EVENT SERVIC - - - - 8,000 0% PSafety - RECORDS FEES 809 207 3,451 4,467 1,000 447% PSafety - WITNESS FEES - - - - 100 0% Total Charges for services 125,297 116,044 127,548 368,890 1,412,600 26% Sustainability SUSTAINABILITY GRANTS AND DONA - - - - - #DIV/0! SUSTAINABILITY MONUMENT COST S - - - - - #DIV/0! Total Sustainability - - - - - #DIV/0! Fines and forfeitures CODE ENFORCEMENT FINES - - 650 650 - #DIV/0! PSafety - FINES & PENALTIES 3,633 3,270 2,510 9,413 40,000 24% FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget PSafety - FORFEITURES - - - - - #DIV/0! Total Fines and forfeitures 3,633 3,270 3,160 10,063 40,000 25% Interest INTEREST INCOME - - - - - #DIV/0! INTEREST PTIF 2,559 2,697 2,687 7,943 20,000 40% Total Interest 2,559 2,697 2,687 7,943 20,000 40% Miscellaneous revenue PSafety - DONATIONS - - - - - #DIV/0! PSafety - EVIDENCE/LOST & FOUN - - - - - #DIV/0! RESTITUTION - - - - - #DIV/0! PSafety - SEIZED PROPERTY - - - - - #DIV/0! PARK RENTALS 1,075 2,030 600 3,705 13,000 29% PARK DEPOSITS 300 150 750 900 - #DIV/0! COVID STIMULUS (CARES/ARPA)315,760 - - 315,760 315,760 100% FILM COMM - SPONSOR/DONATION - - - - 4,000 0% FILM COMM - SPECIAL EVENT FEES - - - - - #DIV/0! FILM COM. - EQUIP RENTAL FEES - 600 100 700 500 140% SALE OF REAL/PERS. PROPERTY - - - - 5,000 0% INSURANCE REBATE - - - - - #DIV/0! OTHER 5 - - 5 17,000 0% PSafety - ANIMAL DEPOSITS NON-200 100 100 400 1,000 40% Total Miscellaneous revenue 317,340 2,880 1,550 321,470 356,260 90% Contributions and transfers OVERHEAD PAID FROM STORM WATER 8,760 8,760 8,760 26,279 105,114 25% OVERHEAD PAID FROM SEWER FUND 39,418 39,418 39,418 118,253 473,013 25% OVERHEAD PAID FROM CUL WATER F 40,538 40,538 40,538 121,614 486,457 25% Total Contributions and transfers 88,715 88,715 88,715 266,146 1,064,584 25% Total Revenue: 2,088,167 2,022,295 1,254,402 5,364,313 13,306,417 40% Expenditures: General government Attorney Attorney SALARIES & WAGES 10,364 15,546 8,555 34,465 138,703 25% Attorney BENEFITS 3,926 5,221 2,804 11,950 58,729 20% Attorney SUBSCRIPTIONS & MEMBE - 15 15 30 4,185 1% Attorney TRAVEL\FOOD - - - - 1,000 0% Attorney OFFICE EXPENSE & SUPP - - - - 100 0% Attorney PROFESSIONAL & TECH.8,029 13,982 5,124 27,135 25,000 109% Attorney PUBLIC DEFENDER 2,000 2,000 2,000 6,000 24,000 25% Attorney PROSECUTION SERVICES 3,180 - 3,000 6,180 37,000 17% Attorney EDUCATION - - - - 400 0% Total Attorney 27,499 36,764 21,498 85,761 289,117 30% General General EMPLOYEE BENEFITS - - - - - #DIV/0! General OFFICE EXPENSE & SUPPL 257 280 300 837 - #DIV/0! General UTILITIES 2,970 3,951 3,699 10,619 41,000 26% General TELEPHONE/INTERNET 3,601 5,194 3,601 12,395 41,000 30% General RENT OF PROPERTY OR EQ - 723 - 723 - #DIV/0! General INSURANCE 158 10,109 608 10,875 141,000 8% Total General 6,986 20,256 8,207 35,449 223,000 16% Executive and Central Staff Exec SALARIES & WAGES 16,288 17,779 16,288 50,354 198,435 25% Exec EMPLOYEE BENEFITS 1,987 2,907 2,478 7,371 31,291 24% Exec SUBSCRIPTIONS & MEMBERSHI - 15 15 30 8,500 0% Exec PUBLIC NOTICES - - - - - #DIV/0! FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Exec TRAVEL\FOOD - - 343 343 9,600 4% Exec OFFICE EXPENSE & SUPPLIES - - - - - #DIV/0! Exec BLDG/GRDS SUPPL & MAINT - - - - - #DIV/0! Exec TELEPHONE - - - - - #DIV/0! Exec MONTHLY FUEL - GASCARD - - - - 500 0% Exec PROFESSIONAL/TECHNICAL SE - 20,000 - 20,000 50,000 40% Exec EDUCATION - - - - 1,000 0% Exec OTHER - - - - - #DIV/0! Exec SPECIAL DEPARTMENTAL SUPP - - - - 2,400 0% Total Executive and Central Staff 18,274 40,701 19,124 78,098 301,726 26% Administrative Admin SALARIES & WAGES 32,452 48,677 51,522 132,651 434,311 31% Admin EMPLOYEE BENEFITS 14,785 19,085 17,358 51,228 189,405 27% Admin OVERTIME - - - - 2,500 0% Admin UNEMPLOYMENT 400 347 - 747 - #DIV/0! Admin SUBSCRIPTIONS & MEMBERSH 73 227 107 408 7,470 5% Admin PUBLIC NOTICES - 1,962 1,665 3,626 35,300 10% Admin TRAVEL\FOOD - - 137 137 9,400 1% Admin OFFICE EXPENSE & SUPPLIE - 2,474 96 2,570 7,500 34% Admin EQUIP/SUPPLIES & MAINTEN - - - - 1,500 0% Admin TELEPHONE 217 217 167 601 2,500 24% Admin PROFESSIONAL/TECH. SERVI - 129 741 870 15,000 6% Admin EDUCATION - - 1,974 1,974 2,500 79% Admin OTHER - 222 - 222 9,500 2% Admin SPECIAL DEPARTMENTAL SUP - 338 338 676 2,300 29% Admin GRANT EXPENSES - - - - - #DIV/0! Total Administrative 47,928 73,678 74,104 195,709 719,186 27% Recorder Recorder SALARIES & WAGES 11,348 17,171 11,024 39,543 188,939 21% Recorder EMPLOYEE BENEFITS 7,539 8,555 6,903 22,997 106,296 22% Recorder OVERTIME - - - - 1,000 0% Recorder UNEMPLOYMENT - - - - - #DIV/0! Recorder SUBSCRIPTIONS/MEMBERS 75 40 40 155 2,990 5% Recorder PUBLIC NOTICES - 1,789 587 2,376 7,500 32% Recorder TRAVEL\FOOD - - - - 3,400 0% Recorder OFFICE EXPENSE & SUPP 250 444 370 1,064 4,000 27% Recorder TELEPHONE 47 47 47 142 540 26% Recorder PROFESSIONAL & TECH. 7,582 1,151 1,138 9,871 25,200 39% Recorder EDUCATION - - - - 2,600 0% Recorder OTHER - - - - 100 0% Recorder SPECIAL DEPARTMENTAL - - - - 1,700 0% Recorder COPIER SUPPLIES 217 370 260 847 5,300 16% Total Recorder 27,059 29,568 20,368 76,994 349,565 22% Information Technology Info Tech OFFICE EXPENSE & SUP - 180 28 208 1,500 14% Info Tech PROF & TECH SERVICES 8,695 8,695 8,695 26,085 119,060 22% Info Tech WEBSITE - - - - 10,266 0% Info Tech SOFTWARE SUBSCRIPTIO 2,139 5,473 2,990 10,602 21,600 49% Info Tech SECURITY APPLIANCE - - - - 1,500 0% Info Tech WIFI - ACCESS LICENS - - - - 1,500 0% Info Tech ANTIVIRUS 525 525 525 1,575 5,700 28% Info Tech DNS MONITORING 375 375 375 1,125 4,500 25% Total Information Technology 11,734 15,249 12,613 39,596 165,626 24% Elections Election PUBLIC NOTICES - - - - 3,000 0% Election PROFESSIONAL/TECH - P - - - - 7,000 0% Election PROFESSIONAL/TECH - G - - - - 7,000 0% FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Election EDUCATION - INITIATIV - - - - 500 0% Election PRINTING EXPENSES - - - - 500 0% Total Elections - - - - 18,000 0% Engineering Engineer SALARIES & WAGES 23,788 36,002 24,001 83,791 302,603 28% Engineer BENEFITS 14,248 15,744 11,972 41,964 174,876 24% Engineer OVERTIME - - - - 500 0% Engineer UNEMPLOYMENT - - - - - #DIV/0! Engineer SUBSCRIPTIONS & MEMBE - 40 40 80 7,675 1% Engineer TRAVEL - - - - 1,600 0% Engineer OFFICE EXPENSE & SUPP 250 158 512 920 5,300 17% Engineer EQUIP/SUPPLIES & MAIN - 316 116 432 1,000 43% Engineer TELEPHONE - - - - 1,025 0% Engineer MONTHLY FUEL - GASCAR - 160 241 401 1,500 27% Engineer PROFESSIONAL & TECH. - - 11,085 11,085 20,000 55% Engineer PLAN REVIEW SERVICES - - - - - #DIV/0! Engineer EDUCATION - 1,800 - 1,800 7,500 24% Engineer OTHER - - - - 200 0% Engineer SPECIAL DEPARTMENTAL - - - - 2,500 0% Total Engineering 38,286 54,220 47,967 140,474 526,279 27% Finance Finance SALARIES & WAGES 18,252 26,434 19,613 64,298 298,854 22% Finance EMPLOYEE BENEFITS 11,802 13,775 12,349 37,926 204,984 19% Finance OVERTIME - - - - 1,500 0% Finance SUBSCRIPTIONS & MEMBER - 341 693 1,035 4,360 24% Finance TRAVEL - - 736 736 5,500 13% Finance OFFICE EXPENSE & SUPPL 250 910 1,193 2,353 11,525 20% Finance EQUIPMENT SUPPL. & MAI - - - - 3,776 0% Finance TELEPHONE 75 75 75 224 2,500 9% Finance PROFESSIONAL & TECH. S 1,021 1,141 1,138 3,300 10,750 31% Finance EDUCATION 150 69 - 219 3,500 6% Finance BANK HANDLING CHARGES 4,491 3,764 - 8,255 31,000 27% Finance SPECIAL DEPARTMENTAL S 200 - - 200 18,500 1% Finance INSURANCE - - - - 1,950 0% Total Finance 36,242 46,509 35,797 118,547 598,699 20% Human Resources Human Resources SALARIES & WAG 12,752 19,022 12,622 44,395 166,655 27% Human Resources EMPLOYEE BENEF 7,327 8,601 6,566 22,495 97,936 23% Human Resources OVERTIME - - - - 2,000 0% Human Resources SUBSCRIPTIONS 996 40 40 1,076 1,000 108% Human Resources PUBLIC NOTICES - 586 94 680 4,000 17% Human Resources TRAVEL\FOOD - - - - 2,500 0% HR OFFICE EXPENSE & SUPPLIES - - - - 4,000 0% Human Resources EQUIP./SUPPLIE - - - - 12,900 0% Human Resources TELEPHONE 85 85 85 254 1,200 21% HR RENT OF PROPERTY OR EQUIPME - - - - 2,900 0% Human Resources PROF & TECH. S 1,021 43,491 11,188 55,700 65,000 86% Human Resources EDUCATION - - - - 4,000 0% Human Resources OTHER - - - - 1,000 0% Human Resources SPECIAL DEPT S - - - - 3,050 0% Human Resources COPIER SUPPLIE - 470 - 470 1,500 31% Total Human Resources 22,181 72,295 30,594 125,070 369,641 34% Police Police SALARIES & WAGES 72,808 111,193 80,151 264,152 1,267,301 21% Police MOVIE\SECURITY WAGES - 660 - 660 - #DIV/0! Police EMPLOYEE BENEFITS 55,156 67,645 55,675 178,476 871,165 20% Police OTHER BENEFITS- U/ALLOW 11,520 - - 11,520 17,280 67% FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Police OVERTIME 2,409 6,167 1,898 10,475 45,000 23% Police UNEMPLOYMENT - - - - - #DIV/0! Police SUBSCRIPTIONS & MEMBERS 100 40 170 310 28,935 1% Police TRAVEL\FOOD 43 655 2,034 2,731 25,000 11% Police OFFICE EXPENSE & SUPPLI 496 510 928 1,935 10,000 19% Police EQUIPMENT-SUPPL. & MAIN 3,528 2,011 517 6,056 40,000 15% Police BLDG/GRDS-SUPPL. & MAIN - - 400 400 10,000 4% Police TELEPHONE 56 2,339 36 2,431 22,416 11% Police RENT OF PROPERTY OR EQU - 704 - 704 8,484 8% Police MONTHLY FUEL - GASCARD - 4,877 5,027 9,904 60,000 17% Police PROFESSIONAL & TECH. SE - 498 1,150 1,648 3,300 50% Police EDUCATION - 1,895 86 1,981 20,000 10% Police DISPATCH SERVICES 65,643 - - 65,643 128,100 51% Police SPECIAL DEPARTMENTAL SU - 420 - 420 22,365 2% Police VEST REPLACEMENT - - - - 8,000 0% Police INITIAL UNIFORM GEAR 1,678 584 747 3,010 - #DIV/0! Police SCHOOL EQUIP/ SUPPLIES - - - - - #DIV/0! Police MACHINERY & EQUIPMENT - - 69,056 69,056 - #DIV/0! Police JAG GRANT EXPENSES - - - - - #DIV/0! Total Police 213,438 200,197 217,876 631,511 2,587,346 24% Victims's Advocate Victims's Advocate SALARIES & 4,072 6,728 4,320 15,120 81,362 19% Victims's Advocate EMPLOYEE BE 1,846 2,590 1,886 6,321 28,591 22% Victims's Advocate OVERTIME - - - - - #DIV/0! Victims's Adv SUBSCRIPTIONS/ME - 13 13 25 800 3% Victims's Advocate TRAVEL - - - - 1,000 0% Victims's Advocate OFFICE SUPP 238 210 573 1,021 2,000 51% Victims's Advocate TELEPHONE - 86 - 86 600 14% Victims Advocate MONTHLY FUEL - 93 126 219 1,000 22% Victims's Advocate EDUCATION - - - - 2,000 0% Victims's Advocate OTHER - - - - 3,500 0% Victims's Advocate MACHINERY &- - - - - #DIV/0! Total Victims's Advocate 6,156 9,719 6,917 22,792 120,853 19% Beer Tax Funds Eligible Expenses Beer Tax EQUIPMENT - - - - 28,178 0% Total Beer Tax Funds Eligible Expenses - - - - 28,178 0% Animal control Animal Ctl SALARIES & WAGES 14,693 20,576 13,961 49,230 188,987 26% Animal Ctl EMPLOYEE BENEFITS 8,817 9,942 7,589 26,349 112,948 23% Animal Ctl OTHER BENEFIT - U/A 3,360 - - 3,360 4,089 82% Animal Ctl OVERTIME 1,242 1,919 1,023 4,183 6,000 70% Animal Ctl SUBSCRIPTIONS & MEM - - - - 735 0% Animal Ctl TRAVEL\FOOD - - - - 4,000 0% Animal Ctl OFFICE EXPENSE & SU - - - - - #DIV/0! Animal Ctl EQUIP-SUPPL.&MAINT 256 323 365 944 10,000 9% Animal Ctl UTILITIES 53 649 715 1,417 12,000 12% Animal Ctl TELEPHONE - 751 - 751 4,092 18% Animal Ctl MONTHLY FUEL - GASC - 646 751 1,397 6,290 22% Animal Ctl PROFESSIONAL & TECH - 181 - 181 1,000 18% Animal Ctl EDUCATION - - - - 2,000 0% Animal Ctl OTHER - - - - - #DIV/0! Animal Ctl SPECIAL DEPARTMENTA 65 - 28 92 6,000 2% Animal Ctl GRANT EXPENSES 689 1,388 41 2,118 - #DIV/0! Animal Ctl MACHINERY & EQUIPME - - - - 4,735 0% Total Animal control 29,175 36,374 24,474 90,023 362,876 25% Streets Streets SALARIES & WAGES 19,197 25,912 17,717 62,827 252,872 25% FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Streets EMPLOYEE BENEFITS 15,434 16,016 12,333 43,782 215,100 20% Streets OVERTIME - - - - 2,000 0% Streets UNEMPLOYMENT - - - - 2,000 0% Streets SUBSCRIPTIONS & MEMBER - - - - 1,000 0% Streets TRAVEL - - - - 2,500 0% Streets OFFICE EXPENSE & SUPPL - - - - 500 0% Streets EQUIPMENT-SUPPL. & MAI 460 408 - 869 2,500 35% Streets BLDG/GRDS-SUPPL. & MAI - - - - 1,100 0% Streets UTILITIES - 1,224 1,224 2,448 20,000 12% Streets TELEPHONE 25 25 25 76 2,640 3% Streets RENT OF PROPERTY OR EQ - - - - 600 0% Streets PROFESSIONAL & TECH. S 398 130 - 528 7,500 7% Streets EDUCATION - - - - 5,500 0% Streets OTHER - - - - 500 0% Streets STREET LIGHTS 6,158 6,176 6,095 18,428 100,000 18% Streets SPECIAL DEPARTMENTAL S 35 30 43 108 6,000 2% Total Streets 41,707 49,921 37,438 129,066 622,312 21% Facilities Facilities SALARIES & WAGES 15,305 33,160 25,595 74,060 268,440 28% Facilities EMPLOYEE BENEFITS 11,441 16,969 17,438 45,848 198,680 23% Facilities OVERTIME - - 215 215 500 43% Facilities UNEMPLOYMENT - - - - - #DIV/0! Facilities SUBSCRIPTIONS & MEM - - - - 300 0% Facilities TRAVEL - - 43 43 900 5% Facilities OFFICE EXPENSE & SU - - - - 300 0% Facilities EQUIP SUPPLIES & MA - - - - 5,300 0% Facilities BLDG/GRDS-SUPPL & M 2,051 1,588 358 3,997 28,900 14% Facilities - CITY CENTER - 186 - 186 - #DIV/0! Facilities - MARC 35 - - 35 - #DIV/0! Facilities - CENTER STREET GYM - - - - - #DIV/0! Facilities UTILITIES - 496 496 992 5,184 19% Facilities TELEPHONE 148 259 261 668 3,300 20% Facilities RENT OF PROPERTY OR - - - - 800 0% Facilities MONTHLY FUEL - 241 283 524 3,000 17% Facilities PROFESSIONAL & TECH - 5,394 2,050 7,443 19,300 39% Facilities EDUCATION - - - - 800 0% Facilities OTHER - - - - - #DIV/0! Facilities SPECIAL DEPARTMENTA 2 - - 2 5,800 0% Total Facilities 28,983 58,293 46,738 134,013 541,504 25% Safety Safety SALARIES & WAGES 922 1,288 1,044 3,253 52,517 6% Safety BENEFITS 454 726 615 1,796 44,705 4% Safety OVERTIME - - - - - #DIV/0! Safety SUBSCRIPTIONS & MEMBERS - 15 15 30 500 6% Safety TRAVEL - - - - 1,500 0% Safety EQUIP/SUPPLIES & MAINTE - - - - 3,500 0% Safety TELEPHONE - - - - 750 0% Safety MONTHLY FUEL - - - - 1,000 0% Safety PROFESSIONAL & TECH. SE 600 240 72 913 13,000 7% Safety EDUCATION - 6,205 - 6,205 11,000 56% Safety OTHER 1,868 - - 1,868 4,000 47% Safety SPECIAL DEPARTMENTAL SU 354 760 4,241 5,355 19,640 27% Safety SAFETY EQUIPMENT - - - - 33,000 0% Total Safety 4,198 9,234 5,987 19,419 185,112 10% Vehicle Maintenance Vehicle Maintenance SALARIES &5,069 10,898 5,069 21,036 71,073 30% Vehicle Maintenance - EMPLOYEE 3,401 5,077 3,401 11,879 50,832 23% Vehicle Maintenance OVERTIME - - - - - #DIV/0! FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Vehicle Maintenance SUB & MEMB 1,500 695 - 2,195 2,300 95% Vehicle Maintenance TRAVEL - - - - 2,000 0% Vehicle Maintenance EQUIP/SUPP 360 1,519 813 2,692 45,000 6% Vehicle Maintenance EQUIP MAIN 82 42 - 123 - #DIV/0! Veh Maint EQUIP MAINT STREETS 259 1,012 3,324 4,594 - #DIV/0! Vehicle Maint EQUIP MAINT - FA - - - - - #DIV/0! Fleet BLDG/GRDS-SUPPL & MAINT - 39 - 39 3,000 1% Vehicle Maintenance TELEPHONE 42 42 42 127 750 17% Vehicle Maintenance RENT OF EQ - - - - 500 0% Vehicle Maintenance MONTHLY FU - 253 81 334 2,000 17% Vehicle Maintenance PROF & TEC - - - - 4,000 0% Vehicle Maintenance EDUCATION - - - - 1,000 0% Vehicle Maintenance OTHER - - - - 500 0% Veh Maint SPECIAL DEPT SUPPLIE - 85 72 157 11,000 1% Total Vehicle Maintenance 10,713 19,661 12,803 43,177 193,955 22% Sanitation Sanitation PROFESSIONAL & TECH - 107,685 107,810 215,495 1,200,000 18% Sanitation PROF&TECH RECYCLE - - 8,202 8,202 100,000 8% Total Sanitation - 107,685 116,012 223,697 1,300,000 17% PW Admin PW Admin SALARIES & WAGES 12,577 24,775 12,888 50,240 116,357 43% PW Admin EMPLOYEE BENEFITS 6,524 9,800 6,252 22,576 51,187 44% PW Admin OVERTIME - - - - - #DIV/0! PW Admin SUBSCRIPTIONS & MEMBE - 40 40 80 700 11% PW Admin TRAVEL - - - - 1,100 0% PW Admin OFFICE EXPENSE & SUPP - 477 - 477 6,400 7% PW Admin UTILITIES 47 1,533 1,179 2,759 18,500 15% PW Admin TELEPHONE 47 159 79 285 1,820 16% PW Admin RENT OF PROPERTY OR E 200 200 200 600 3,200 19% PW Admin MONTHLY FUEL - GASCAR - - - - 1,000 0% PW Admin PROFESSIONAL & TECH. - - - - 1,000 0% PW Admin EDUCATION - - - - 1,000 0% PW Admin OTHER - - - - 1,000 0% PW Admin SPECIAL DEPARTMENTAL - 271 300 571 - #DIV/0! Total PW Admin 19,396 37,255 20,939 77,590 203,264 38% Parks O&M Parks O&M SALARIES & WAGES 25,036 41,087 27,388 93,511 353,335 26% Parks O&M EMPLOYEE BENEFITS 15,417 19,745 15,030 50,192 222,008 23% Parks O&M OVERTIME - - - - 5,000 0% Parks O&M UNEMPLOYMENT - - - - - #DIV/0! Parks O&M SUBSCRIPTIONS & MEMB - - - - 1,020 0% Parks O&M TRAVEL - - 86 86 1,900 5% Parks O&M EQUIPMENT-SUPPL. & M 523 - 454 976 3,000 33% Parks O&M BLDG/GRDS-SUPPL. & M 1,842 1,259 4,338 7,438 21,750 34% Parks O&M UTILITIES 1,501 6,515 5,504 13,521 88,700 15% Park O&M Garbage and Recycling - 1,764 1,314 3,077 - #DIV/0! Parks O&M TELEPHONE 326 337 327 990 10,735 9% Parks O&M RENTALS - - - - 750 0% Parks O&M MONTHLY FUEL - GASCA - 1,482 1,675 3,157 20,000 16% Parks O&M PROFESSIONAL & TECH.- - 13 13 3,750 0% Parks O&M EDUCATION - - - - 1,250 0% Parks O&M OTHER - - - - 750 0% Parks O&M SPECIAL DEPARTMENTAL 75 - 237 312 19,200 2% Parks O&M PARK IMPROVEMENTS - - - - 5,250 0% Total Parks O&M 44,720 72,188 56,365 173,274 758,398 23% Inspections Inspection SALARIES & WAGES 5,996 8,993 5,996 20,985 80,549 26% FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Inspection BENEFITS 4,376 5,244 4,070 13,690 57,120 24% Inspection OVERTIME 1,124 703 787 2,614 13,000 20% Inspection SUBSCRIPTIONS & MEM - 115 15 130 1,000 13% Inspection TRAVEL - - - - 1,500 0% Inspection OFFICE EXPENSE & SU - - - - 1,000 0% Inspection TELEPHONE 82 82 82 247 1,100 22% Inspection MONTHLY FUEL - 80 53 132 750 18% Inspection PROFESSIONAL & TECH - 5 13,011 13,016 20,000 65% Inspection EDUCATION 42 - - 42 1,000 4% Inspection SPECIAL DEPARTMENTA - - 303 303 1,500 20% Total Inspections 11,619 15,222 24,317 51,158 178,519 29% Planning Planning SALARIES & WAGES 17,423 30,972 22,523 70,918 328,265 22% Planning EMPLOYEE BENEFITS 8,307 13,933 10,672 32,912 194,051 17% Planning OVERTIME - - - - 2,500 0% Planning UNEMPLOYMENT - - - - - #DIV/0! Planning SUBSCRIPTIONS & MEMBE 420 110 110 640 5,400 12% Planning TRAVEL - 290 - 290 8,500 3% Planning OFFICE EXPENSE & SUPP 250 36 489 775 11,768 7% Planning TELEPHONE 139 144 144 427 480 89% Planning RENTAL 263 263 263 790 - #DIV/0! Planning MONTHLY FUEL - GASCAR - - - - - #DIV/0! Planning PROFESSIONAL & TECH. - - - - 100,000 0% Planning EDUCATION 60 - - 60 8,000 1% Planning OTHER - - - - 400 0% Planning ABATEMENT - - - - - #DIV/0! Planning SPECIAL DEPARTMENTAL - - - - 1,102 0% Total Planning 26,862 45,749 34,201 106,811 660,466 16% Film Commission Film Comm SALARIES & WAGES 5,092 7,637 5,092 17,821 34,528 52% Film Comm EMPLOYEE BENEFITS 2,442 2,947 2,085 7,474 14,770 51% Film Comm OVERTIME - - - - 1,250 0% Film Comm UNEMPLOYMENT - - - - - #DIV/0! Film Comm SUBSCRIPTIONS & MEM - 3 723 726 3,000 24% Film Comm ADVERTISING - - - - 6,250 0% Film Comm MARKETING - - - - - #DIV/0! Film Comm PROMO MATERIALS - - - - - #DIV/0! Film Comm TRAVEL - - - - 7,000 0% Film Comm OFFICE EXPENSE & SU - - - - 500 0% Film Comm EQUIP./SUPPLIES & M - - - - 250 0% Film Comm TELEPHONE 47 47 47 142 325 44% Film Comm MONTHLY FUEL - GASC - - - - 300 0% Film Comm PROFESSIONAL & TECH 1,800 - - 1,800 750 240% Film Comm EDUCATION - - - - 500 0% Film Comm OTHER - - - - 500 0% Film Comm SPECIAL DEPARTMENTA - 23 - 23 1,000 2% Film Comm MACHINERY & EQUIPME - - - - 500 0% Film Comm SPECIAL PROJECTS - - - - 4,350 0% Total Film Commission 9,381 10,658 7,947 27,985 75,773 37% Community Contributions Com Contrib - COMMUNITY ORGANI - - - - 55,000 0% Com Contrib - MOAB INFORMATION 10,000 - - 10,000 10,000 100% Com Contrib - ARTS PROMOTION - - - - 7,000 0% Com Contrib - SHELTER SERVICES - - - - 10,000 0% Com Contrib - STUDENT OF MONTH - - - - - #DIV/0! Com Contrib - GRAND COUNTY/4TH 3,285 - - 3,285 23,200 14% Total Community Contributions 13,285 - - 13,285 105,200 13% FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Sustainability Sustainability SALARIES & WAGE 5,795 8,693 5,795 20,283 83,700 24% Sustainability EMPLOYEE BENEFI 2,189 2,936 2,162 7,287 22,721 32% Sustainability UNEMPLOYMENT - 447 - 447 - #DIV/0! Sustainability TRAVEL\FOOD - - - - 1,000 0% Sustainability OFFICE EXPENSE 55 - - 55 1,500 4% Sustain PROF/TECH. SERVICE - - - - - #DIV/0! Sustainability EDUCATION - - - - 1,000 0% Sustainability SUSTAINABILITY - - 4,715 4,715 6,500 73% Total Sustainability 8,039 12,076 12,672 32,787 116,421 28% Transfers and contributions out TRANSFER TO DEBT SERVICE FUND 7,938 7,938 7,938 23,815 95,261 25% TRANSFER TO CAPITAL PROJ. FUND 46,057 46,057 46,057 138,171 552,683 25% TRANSFER TO TRAILS FUND 2,500 2,500 2,500 7,500 30,000 25% TRANSFER - RECREATION FUND 59,618 59,618 59,618 178,854 715,416 25% TRANSFER TO GF ASSIGNED/RESTRI #DIV/0! TRANSFER TO FUND BALANCE - - - - - #DIV/0! Total Transfers and contributions out 116,113 116,113 116,113 348,340 1,393,360 25% Total Expenditures: 819,973 1,189,584 1,011,069 3,020,626 12,994,376 23% Total Change In Net Position 1,268,194 832,711 243,333 2,343,686 312,041 21 Class C Road Fund Change In Net Position Revenue: Taxes Class C TRANSPORTATION TAX 28,403 34,449 20,419 83,270 210,795 40% Total Taxes 28,403 34,449 20,419 83,270 210,795 40% Intergovernmental revenue Class C CLASS C ROAD FUND - - 91,593 91,593 250,000 37% Total Intergovernmental revenue - - 91,593 91,593 250,000 37% Interest Class C INTEREST INCOME - - - - 5,000 0% Total Interest - - - - 5,000 0% Contributions and transfers Class C TRANS. FROM EQUITY-B.O - - - - 486,634 0% Total Contributions and transfers - - - - 486,634 0% Total Revenue: 28,403 34,449 112,012 174,863 952,429 18% Expenditures: Public Works Streets Class C BLDG/GRDS SUPPLIES & M - - - - - #DIV/0! Class C FUEL - 1,354 1,371 2,726 19,500 14% Class C SPECIAL DEPARTMENTAL S - 42 - 42 27,000 0% Class C ROADBASE - PATCHING 620 - 1,174 1,794 10,000 18% Class C ASPHALT 2,507 - - 2,507 7,500 33% Class C OVERLAY - - - - 400,000 0% Class C CRACK SEALING - - - - 5,000 0% Class C - SPECIAL PROJECTS 6,763 8,918 711 2,866 298,429 1% Class C Sidewalk/Ped Ramp Rep - - - - - #DIV/0! FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Class C MACHINERY & EQUIPMENT - - - - 185,000 0% TRANSFER TO FUND BALANCE - - - - - #DIV/0! Total Streets 9,890 10,315 3,256 9,936 952,429 1% Total Expenditures: 9,890 10,315 3,256 9,936 952,429 1% Total Change In Net Position 18,512 24,134 108,756 164,928 - #DIV/0! 23 Recreation Fund Change In Net Position Revenue: Intergovernmental revenue GRAND COUNTY - RSSD - - 50,000 50,000 100,000 50% SCHOOL DISTRICT - - - - 15,000 0% Total Intergovernmental revenue - - 50,000 50,000 115,000 43% Charges for services CASH OVER/SHORT - - 0 0 - #DIV/0! SUMMER CAMP - - - - 4,800 0% ADULT SOCCER - - - - 2,100 0% VOLLEYBALL - ADULT COED - - - - 1,900 0% VOLLEYBALL - YOUTH SPRING - - - - 3,675 0% ADULT COED SOFTBALL 500 297 - 203 3,400 6% YOUTH/BASEBALL/SOFTBALL 80 - - 80 20,332 0% YOUTH FOOTBALL 240 1,660 80 1,980 3,040 65% SPRING YOUTH SOCCER - - - - 8,865 0% FALL YOUTH SOCCER 280 4,820 10 5,090 4,890 104% SOCCER CAMPS - - - - 250 0% FOOT RACES - - - - 2,950 0% INDOOR SOCCER - YOUTH - - - - 2,450 0% ADULT BASKETBALL - - - - 800 0% JR JAZZ BASKETBALL - - - - 5,400 0% FLAG FOOTBALL - 850 27 823 1,405 59% FLAG FOOTBALL - ADULT - - - - - #DIV/0! YOUTH VOLLEYBALL 40 1,310 40 1,390 1,960 71% YOUTH SPONSOR/BASEBALL 250 - - 250 12,800 2% ULTIMATE FRISBEE - - - - 625 0% Total Charges for services 1,390 8,937 157 9,817 81,642 12% MRAC MRAC -PREPAID SERVICES 380 - 375 755 - #DIV/0! MRAC - FITNESS ADMISSIONS 652 549 588 1,789 10,000 18% MRAC - FITNESS MEMBERSHIPS 2,505 1,495 2,576 6,576 43,500 15% MRAC - CITY EMPLOYEES - - - - 500 0% MRAC - SILVER SNEAKERS MEMBERS 834 900 669 2,403 10,000 24% MRAC - SWIM TEAM - - - - - #DIV/0! MRAC - SHOWERS 1,968 947 5,831 8,746 98,500 9% MRAC - CASH OVER/SHORT 18 20 47 84 - #DIV/0! MRAC - ADMISSIONS/AQUATIC 21,511 9,538 4,871 35,920 150,000 24% MRAC - ADMISSIONS/AQUAT & FITN 160 133 107 186 12,000 2% MRAC - RETAIL 2,945 946 1,032 4,923 12,000 41% MRAC - CONCESSIONS 4,769 2,097 765 7,630 - #DIV/0! MRAC - PROGRAM FEES/ AQUATIC 1,922 662 232 2,816 27,500 10% MRAC - PROGRAM FEES/FITNESS 562 589 884 2,035 6,000 34% MRAC - CHILD CARE FEES - - - - 1,000 0% FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget MRAC - MEMBERSHIPS/AQUATIC 3,822 1,970 1,440 7,232 32,000 23% MRAC - MEMBERSHIPS/AQUAT & FIT 10,832 3,670 2,441 16,943 85,000 20% MRAC - RENTAL FEES 235 325 140 700 8,500 8% Total MRAC 53,114 23,840 21,997 98,738 496,500 20% Moab arts & recreation PROGRAM FEES 307 - - 307 11,400 3% GRANTS AND DONATIONS 3,675 5,000 7,500 16,175 18,500 87% RENTAL FEES 3,420 2,510 5,091 11,020 45,000 24% SPECIAL EVENTS FEES 955 2,257 776 3,988 7,900 50% SPECIAL EVENTS FEES - RED ROCK 224 5,049 3,192 8,016 33,500 24% Total Moab arts & recreation 8,581 14,816 16,559 39,507 116,300 34% Miscellaneous revenue CENTER STREET GYM RENTALS 215 700 140 1,055 - #DIV/0! BALL FIELD RENTALS - - - - - #DIV/0! OTHER INCOME - - - - - #DIV/0! Total Miscellaneous revenue 215 700 140 1,055 - #DIV/0! Contributions and transfers CITY OF MOAB 59,618 59,618 59,618 178,854 715,416 25% Total Contributions and transfers 59,618 59,618 59,618 178,854 715,416 25% Total Revenue: 122,918 107,911 148,471 377,971 1,524,858 25% Expenditures: Parks, recreation, and public property Recreation Recreation SALARIES - DIRECTO 9,102 13,653 9,102 31,856 158,489 20% Recreation EMPLOYEE BENEFITS 5,718 7,680 6,180 19,578 81,101 24% Recreation OVERTIME - - - - 1,500 0% Recreation UNEMPLOYMENT - - - - - #DIV/0! Recreation SUBSCRIPTIONS & MEM - - - - 2,000 0% Recreation ADVERTISING - - 1,103 1,103 3,000 37% Recreation OFFICE EXPENSE & SU - - 65 65 2,000 3% Recreation - EQUIP SUPPLIES & - 40 70 110 1,000 11% Recreation - UTILITIES 65 65 - 130 - #DIV/0! Recreation TELEPHONE 95 95 95 284 2,400 12% Recreation MONTHLY FUEL - GASC - - - - 350 0% Recreation PROFESSIONAL & TECH 2,587 - - 2,587 3,500 74% Recreation EDUCATION - - 850 850 2,350 36% Recreation OTHER - - - - 200 0% Recreation DIRECTOR - TRAVEL - - - - - #DIV/0! Recreation SPECIAL DEPARTMENTA - - - - 6,500 0% Recreation EASTER EGG HUNT - - - - 2,500 0% Recreation TURKEY TROT - - - - - #DIV/0! Recreation TRANSFER TO FUND BA - - - - - #DIV/0! Total Recreation 17,567 21,533 17,464 56,564 266,890 21% Swimming Pool MRAC MAINTENANCE SALARIES 1,310 909 1,125 3,343 43,265 8% MRAC LIFEGUARD SALARIES 22,411 22,970 8,981 54,362 243,556 22% MRAC SALARIES & WAGES 31,756 37,301 18,910 87,967 238,422 37% MRAC AQUATIC PROGRAM SALARIES - - - - 29,013 0% MRAC FITNESS PROGRAM SALARIES 1,425 2,255 993 4,673 18,324 26% MRAC EMPLOYEE BENEFITS 13,660 13,297 8,040 34,997 116,582 30% MRAC OVERTIME 1,306 124 - 1,430 500 286% MRAC UNEMPLOYMENT 45 - - 45 - #DIV/0! MRAC SUBSCRIPTIONS & MEMBERSHI - - - - - #DIV/0! MRAC ADVERTISING - 20 - 20 7,000 0% MRAC TRAVEL - 265 - 265 - #DIV/0! FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget MRAC OFFICE EXPENSE & SUPPLIES 152 503 109 764 4,000 19% MRAC EQUIPMENT-SUPPL. & MAINTE 260 255 599 1,114 12,000 9% MRAC BLDG/GRDS-SUPPL. & MAINTE 1,442 358 4,440 6,241 22,000 28% MRAC UTILITIES 6,341 8,528 9,197 24,067 92,276 26% MRAC TELEPHONE 417 792 417 1,626 5,106 32% MRAC RENT OF PROPERTY OR EQUIP - - - - - #DIV/0! MRAC PROFESSIONAL & TECH. SERV 60 40 112 212 8,100 3% MRAC EDUCATION - 40 385 425 3,000 14% MRAC INSTRUCTIONAL MATERIALS/S - - - - 1,500 0% MRAC OTHER - 25 33 9 900 1% MRAC SPECIAL DEPARTMENTAL SUPP - 2,274 5,409 7,683 30,000 26% MRAC CONCESSIONS 1,085 780 578 2,443 - #DIV/0! MRAC SUNDRY EXPENSES-MISCELLAN 1,434 154 - 1,588 4,500 35% MRAC AQUATIC PROGRAMS - - - - 1,800 0% Total Swimming Pool 83,107 90,889 59,328 233,274 881,844 26% Soccer Soccer YOUTH SOCCER - - - - 4,020 0% Soccer FALL SOCCER - 453 1,392 1,846 1,200 154% Soccer ADULT SOCCER - - - - 700 0% Soccer INDOOR - YOUTH SOCCER - - - - 1,095 0% Soccer WAGES SOCCER - - - - 1,600 0% Soccer SOCCER REFEREE - WAGES - - - - 255 0% Total Soccer - 453 1,392 1,846 8,870 21% Adult Softball COED SOFTBALL - - - - 1,100 0% Total Adult Softball - - - - 1,100 0% Adult Volleyball CO-ED VOLLEYBALL - - - - 400 0% Total Adult Volleyball - - - - 400 0% Basketball ADULT BASKETBALL - - - - 400 0% JR JAZZ BASKETBALL - - 305 305 2,200 14% JR. JAZZ REFEREE SERVICES - - - - 3,040 0% MS BASKETBALL REFEREES - - - - - #DIV/0! Basketball EMPLOYEE BENEFITS - - 7 7 407 2% Total Basketball - - 313 313 6,047 5% Youth Volleyball YOUTH VOLLEYBALL - - 174 174 1,065 16% YOUTH SPRING VOLLEYBALL - - - - 2,300 0% Total Youth Volleyball - - 174 174 3,365 5% Youth Baseball/Softball Youth BB/SB WAGES- MAINTENANCE 1,402 779 - 2,181 3,000 73% Youth BB/SB WAGES- UMP&SCORE 1,173 52 104 1,329 5,880 23% Youth BB/SB EMPLOYEE BENEFITS 252 81 10 343 901 38% Youth BB/SB STATE TOURN. EXP - - - - 2,000 0% Youth BB/SB EQUIPMENT-SUPPLIES - - - - 350 0% Youth BB/SB BASEBALL FIELD MAI - - - - 1,300 0% FIELD MAINTENANCE EQUIPMENT - - - - - #DIV/0! YOUTH BASEBALL/SOFTBALL - - - - 15,850 0% UTAH GIRLS SOFTBALL ASSOC - - - - 400 0% UTAH BOYS BASEBALL ASSOCIATION - - - - 400 0% PICKLEBALL 10 - - 10 200 5% Total Youth Baseball/Softball 2,837 912 114 3,863 30,281 13% Youth Football FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Youth Football BENEFITS - - - - 83 0% YOUTH FOOTBALL - 6,708 1,824 8,532 6,170 138% FLAG FOOTBALL - - 1,557 1,557 1,600 97% FLAG FOOTBALL - ADULT - - - - 100 0% YOUTH FOOTBALL REFEREES - - - - 920 0% Total Youth Football - 6,708 3,381 10,089 8,873 114% Special Projects SPECIAL PROJECTS/EQUIPMENT - - - - - #DIV/0! Total Special Projects - - - - - #DIV/0! Moab Arts & Recreation Center MARC SALARIES & WAGES 11,012 17,823 10,422 39,258 156,312 25% MARC EMPLOYEE BENEFITS 6,446 8,100 5,901 20,447 87,565 23% MARC SALARIES & WAGES - INSTRU 600 1,500 - 2,100 5,000 42% MARC SALARIES & WAGES OT - - - - 2,000 0% MARC UNEMPLOYMENT - - - - - #DIV/0! MARC SUBSCRIPTIONS & MEMBERSHI 16 48 15 79 1,966 4% MARC ADVERTISING/MARKETING - - - - 3,000 0% MARC TRAVEL - 25 - 25 250 10% MARC OFFICE EXPENSE & SUPPLIES 214 209 280 703 3,900 18% MARC EQUIP/SUPPLIES & MAINTENA - - 35 35 2,000 2% MARC BLDG GROUNDS SUPPL & MAIN - - - - - #DIV/0! MARC UTILITIES 354 764 672 1,790 7,500 24% MARC TELEPHONE 223 223 223 668 5,395 12% MARC PROFESSIONAL/TECHNICAL SE - - - - 1,000 0% MARC EDUCATION - - - - - #DIV/0! MARC OTHER - 40 - 40 100 40% ONLINE PAYMENT PROCESSING FEES - - - - - #DIV/0! MARC SPECIAL DEPARTMENTAL SUPP - - - - 6,000 0% MARC MACHINERY & EQUIPMENT - - - - - #DIV/0! MARC SPECIAL EVENTS 670 1,378 781 2,830 35,000 8% MARC- RED ROCK ARTS FEST - 418 1,451 1,869 - #DIV/0! MARC SPECIAL PROJECTS 176 6,599 1,791 4,984 200 2492% Total Moab Arts & Recreation Center 19,711 37,126 21,571 74,827 317,188 24% Total Expenditures: 123,222 157,622 103,737 380,949 1,524,858 25% Total Change In Net Position (304) (49,711) 44,735 (2,978) - 24 Community Development Change In Net Position Expenditures: Community Development Community development CDBG PROJECT - - - - - #DIV/0! Total Community development - - - - - #DIV/0! Total Expenditures: - - - - - #DIV/0! Total Change In Net Position - - - - - FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget 28 Trails Fund Change In Net Position Revenue: Contributions and transfers CONTRIBUTION FROM GENERAL FUND 2,500 2,500 2,500 7,500 30,000 25% Total Contributions and transfers 2,500 2,500 2,500 7,500 30,000 25% Total Revenue: 2,500 2,500 2,500 7,500 30,000 25% #DIV/0! Expenditures: Millcreek Projects Millcreek PROFESSIONAL/TECHNICAL - - - - 30,000 0% TRAILS - - - - - #DIV/0! Total Millcreek - - - - 30,000 0% Total Expenditures: - - - - 30,000 0% Total Change In Net Position 2,500 2,500 2,500 7,500 - #DIV/0! 30 Housing Fund Change In Net Position Revenue: Charges for services Rent/Lease Income 12,765 13,520 10,280 36,565 98,000 37% Total Charges for services 12,765 13,520 10,280 36,565 98,000 37% Interest INTEREST INCOME 2,478 2,260 2,123 6,861 20,000 34% Total Interest 2,478 2,260 2,123 6,861 20,000 34% Miscellaneous revenue Proceeds from Long Term Debt - - - - - #DIV/0! Transfer from Housing Fund Beg - - - - 6,989,909 0% Transfer From General Fund - - - - - #DIV/0! Total Miscellaneous revenue - - - - 6,989,909 0% Total Revenue: 15,243 15,780 12,403 43,426 7,107,909 1% Expenditures: General government Administrative Salaries and Wages 229 - - 229 44,815 1% Benefits 9 - - 9 44,884 0% OVERTIME - - - - 5,000 0% Development Costs 68 - 197 264 6,400,000 0% Operation & Maintenance Costs - 2,412 16,812 19,224 35,000 55% O&M UTILITIES 50 3,254 2,965 6,269 40,000 16% Transfer to Debt Service Fund - - - - 538,210 0% Total Administrative 356 5,666 19,974 25,996 7,107,909 0% FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Total Expenditures: 356 5,666 19,974 25,996 7,107,909 0% Total Change In Net Position 14,887 10,114 (7,571) 17,430 - #DIV/0! 31 Debt Service Fund Change In Net Position Revenue: Intergovernmental revenue Contribution from GC Rec Distr - - - - 190,000 0% Contribution from Grand County - - - - 23,367 0% Total Intergovernmental revenue - - - - 213,367 0% Charges for services Lease Revenue - - - - 40,231 0% Total Charges for services - - - - 40,231 0% Contributions and transfers Transfer from general fund 7,938 7,938 7,938 23,815 95,261 25% Transfer from housing fund - - - - 538,210 0% Total Contributions and transfers 7,938 7,938 7,938 23,815 633,471 4% Total Revenue: 7,938 7,938 7,938 23,815 887,069 3% Expenditures: Community Development Community development 2018 CIB Bond - Principal - - 30,000 30,000 30,000 100% 2018 CIB Bond - Interest - - 16,750 16,750 16,734 100% 2019 Walnut Lane Lease - Princ - - - - 65,000 0% 2019 Walnut Lane Lease - Inter - - - - 63,967 0% 2021 WALNUT LANE BOND PRINCIPA - - - - 262,000 0% 2021 WALNUT LANE BOND INTEREST - - 72,193 72,193 147,243 49% Total Community development - - 46,750 46,750 175,701 27% Municipal Building Authority Municipal Building 2003 Sales Tax Rev - Principal - - 89,000 89,000 89,000 100% 2003 Sales Tax Rev - Interest - - 22,125 22,125 22,125 100% 2009 Sales Tax Rev - Principal - - 191,000 191,000 191,000 100% Total Municipal Building - - 302,125 302,125 302,125 100% Total Expenditures: - - 348,875 348,875 477,826 73% Total Change In Net Position 7,938 7,938 (340,937) (325,060) 409,243 -79% 41 Capital Projects Fund Change In Net Position Revenue: FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Interest INTEREST INCOME 98 90 84 272 2,000 14% Total Interest 98 90 84 272 2,000 14% Miscellaneous revenue GRANT PROCEEDS - - - - 170,000 0% DONATIONS - - 50 50 - #DIV/0! Total Miscellaneous revenue - - 50 50 170,000 0% Contributions and transfers TRANSFER FROM GENERAL FUND 46,057 46,057 46,057 138,171 552,683 25% CAPITAL PROJECTS FUND BEG. BAL - - - - 50,000 0% Total Contributions and transfers 46,057 46,057 46,057 138,171 602,683 23% Total Revenue: 46,155 46,146 46,191 138,493 774,683 18% Expenditures: General government Administrative VEHICLES - - - - 9,852 0% IT - OTHER EQUIPMENT 3,335 - - 3,335 - #DIV/0! Total Administrative 3,335 - - 3,335 9,852 34% Public safety Police POLICE EQUIPMENT - - - - 38,094 0% POLICE VEHICLES - - - - 130,541 0% Total Police - - - - 168,635 0% Animal Shelter ANIMAL SHELTER EQUIPMENT - - - - 11,163 0% Total Animal Shelter - - - - 11,163 0% Public Works Streets PARKING IMPROVEMENTS - DISPERS - - - - - #DIV/0! 400 EAST ROAD IMPROVEMENTS - - - - - #DIV/0! 500 WEST/KANE CREEK IMPROVE - - - - - #DIV/0! VEHICLES - - - - - #DIV/0! Total Streets - - - - - #DIV/0! Parks, recreation, and public property Recreation CENTER STREET GYM MECHANICAL - - - - - #DIV/0! DARK SKY CAPITAL IMPROVEMENT - - - - 100,000 0% ART IN PUBLIC PLACES 1%- 351 830 1,180 37,000 3% PARK IMPROVEMENTS - - - - - #DIV/0! PARKS EQUIPMENT & VEHICLES - - - - - #DIV/0! Total Recreation - 351 830 1,180 137,000 1% Swimming Pool AQUATIC CENTER IMPROVEMENTS - - - - - #DIV/0! AQUATIC CENTER SET ASIDE - - - - - #DIV/0! AQUATIC CENTER EQUIPMENT REPLA - - - - - #DIV/0! Total Swimming Pool - - - - - #DIV/0! Moab Arts & Recreation Center MARC BUILDING IMPROVEMENTS - - 6,775 6,775 50,000 14% Total Moab Arts & Recreation Center - - 6,775 6,775 50,000 14% Municipal Building Authority FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Municipal Building BLDG IMPROVEMENTS - - - - - #DIV/0! Total Municipal Building - - - - - #DIV/0! Transfers and Contributions TRANSFER TO CP FUND BALANCE - - - - 353,033 0% Total Transfers and Contributions - - - - 353,033 0% Total Expenditures: 3,335 351 7,604 11,290 729,683 2% Total Change In Net Position 42,820 45,796 38,587 127,202 45,000 283% 51 Water Fund Income or Expense Income From Operations: Operating income Water Operating Income WATER PENALTIES 2,091 4,230 2,107 8,429 11,000 77% Water SUNDRY REVENUES 39 35 35 109 40,000 0% Water GOVERNMENT SHOP WATER - - - - 20,000 0% Water TAXABLE SHOP WATER 398 178 315 891 60,000 1% WATER SALES 210,247 179,166 182,686 572,098 1,703,461 34% TAX ON SHOP WATER SALES 146 204 160 511 - #DIV/0! WATER CONNECTION 6,840 438 10,661 17,939 65,000 28% WATER TERMINATION - - - - - #DIV/0! Total Water Operating Income 219,762 184,252 195,964 599,978 1,899,461 32% Non-Operating Items: Water Non-operating income INTEREST INCOME 2,392 2,181 2,050 6,623 10,000 66% WATER IMPACT FEES 28,703 3,138 22,370 54,211 70,000 77% Total Water Non-operating income 31,095 5,319 24,420 60,834 80,000 76% Total Income 250,857 189,571 220,383 660,812 1,979,461 33% Operating expense Water Operating expense Water GENERAL FUND O/H 40,538 40,538 40,538 121,614 486,457 25% Water SALARIES & WAGES 12,584 16,083 16,391 45,059 243,395 19% Water EMPLOYEE BENEFITS 11,257 11,078 14,418 36,754 155,533 24% Water OVERTIME - 889 420 1,309 5,000 26% Water SUBSCRIPTIONS & MEMBERSH - - - - 4,948 0% Water TRAVEL - - 43 43 3,000 1% Water OFFICE EXPENSE & SUPPLIE 9 - 220 229 - #DIV/0! Water EQUIPMENT-SUPPL. & MAINT - 46 610 656 22,500 3% Water BUILDING SUPPL. & MAINTE - - - - 5,000 0% Water UTILITIES 6,608 7,250 6,070 19,928 55,500 36% Water TELEPHONE 158 269 218 644 3,125 21% Water RENT OF PROPERTY & EQUIP - - - - 8,500 0% Water MONTHLY FUEL - GASCARD - 1,079 1,210 2,290 12,600 18% Water PROFESSIONAL & TECH. SER 733 1,400 1,856 3,989 31,500 13% Water WATER/EDUCATION - - - - 5,000 0% FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Water OTHER 29 62 15 106 4,000 3% Water SPECIAL DEPARTMENTAL SUP 2,194 635 8,606 11,435 60,600 19% Water INSURANCE - - - - 1,600 0% Water DEPRECIATION - - - - 205,750 0% Total Water Operating expense 74,110 79,330 90,615 244,055 1,314,008 19% Water Non-operating expense Water INTEREST ON BONDS/DEBT S - - 77,747 77,747 13,205 589% Total Water Non-operating expense - - 77,747 77,747 13,205 589% Total Expense 74,110 79,330 168,361 321,802 1,327,213 24% Net Income 176,746 110,241 52,022 339,010 652,248 Water Fund Capital Budget Purchases Land - 15,607 - 15,607 - #DIV/0! Water shares - - - - - #DIV/0! Water - Public Works Building - - - - 25,000 0% Water System Upgrades - - - - 1,571,000 0% Water wells - 18,259 - 18,259 2,265,000 1% Water tanks - - - - 1,163,470 0% Water lines - - - - 1,971,530 0% Meters - - - - 140,000 0% Fire Hydrants - - - - - #DIV/0! Manhole Replacement Project - - - - - #DIV/0! Equipment - general - - - - - #DIV/0! Equipment - water - - - - 162,000 0% Office furniture and equipment - - - - - #DIV/0! Autos and trucks - - - - - #DIV/0! Total Purchases - 33,866 - 33,866 7,298,000 0% Debt Service 2018 Water Revenue Bond - - - - 25,061 0% 2021 Water Revenue Bond - - - - 283,000 0% Total Debt Service - - - - 308,061 0% Total Capital Budget #DIV/0! - 33,866 - 33,866 7,606,061 52 Sewer Fund Income or Expense Income From Operations: Operating income Sewer Operating Income Sewer SEPTAGE PROCESSING FEES 36,755 25,568 13,757 76,080 100,000 76% SEWER EXISTING FACILITY FEE 14,824 1,304 2,144 18,272 80,000 23% SEWER STUDIES FEE 590 58 98 745 6,000 12% SEWER SERVICES CHARGES 151,278 139,780 141,624 432,682 1,489,670 29% Sewer SPECIAL SERVICES BY CITY - - - - 2,000 0% Sewer SPANISH VALLEY SEWER 34,624 34,624 34,624 103,872 434,317 24% Sewer SJSPSSD SEWER 2,017 2,194 2,194 6,406 10,000 64% SEWER CONNECTION - - - - 10,000 0% Total Sewer Operating Income 240,087 203,529 194,442 638,057 2,131,987 30% Non-Operating Items: FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Sewer Non-operating income Sewer INTEREST INCOME 370 340 320 1,030 50,000 2% SJSPSSD SEWER IMPACT FEES 1,091 - - 1,091 50,000 2% SEWER WRF RETAINAGE - - - - - #DIV/0! GWSSA SEWER IMPACT FEES - OFFS 31,353 - - 31,353 - #DIV/0! GWSSA SEWER IMPACT FEES 6,418 1,284 2,567 10,269 50,000 21% SEWER IMPACT FEE INTEREST 392 2 3,000 3,390 18,000 19% SEWER IMPACT FEES 19,457 282 7,191 26,929 50,000 54% SEWER IMPACT FEE FINANCE INTER - - - - 6,000 0% SVWSID CAPITAL ANNUAL CONTRIBU - 102,207 - 102,207 - #DIV/0! Total Sewer Non-operating income 59,082 104,114 13,078 176,270 224,000 79% Total Income 299,169 307,643 207,520 814,327 2,355,987 35% Operating expense Sewer Operating expense WRF Sewer GENERAL FUND O/H 39,418 39,418 39,418 118,253 473,013 25% Sewer WRF SALARIES & WAGES 13,320 20,758 13,506 47,584 184,982 26% Sewer WRF EMPLOYEE BENEFITS 9,417 10,951 8,425 28,793 143,820 20% Sewer WRF OVERTIME 909 265 - 1,174 9,000 13% Sewer WRF SUBSCRIPTIONS & MEMB - - 1,235 1,235 5,874 21% Sewer WRF TRAVEL - - - - 2,000 0% Sewer WRF OFFICE EXPENSE & SUP - 23 73 97 1,000 10% Sewer WRF EQUIPMENT SUPPL. & M 726 30,223 233 31,182 30,000 104% Sewer WRF BUILDING SUPPL. & MA 1 480 31 512 1,600 32% Sewer WRF UTILITIES 13,337 15,832 15,342 44,510 160,000 28% Sewer WRF TELEPHONE 223 635 223 1,081 5,000 22% Sewer WRF RENT OF PROPERTY & E - - - - 2,000 0% Sewer WRF MONTHLY FUEL - GAS C - 19 138 156 3,500 4% Sewer WRF PROFESSIONAL & TECH.11,411 7,599 22,562 41,572 157,000 26% Sewer WRF EDUCATION - - 309 309 3,000 10% Sewer WRF SHIPPING\FREIGHT 1,694 2,730 2,410 6,835 8,000 85% Sewer WRF SPECIAL DEPARTMENTAL 5,874 19,968 14,805 40,647 81,700 50% Sewer DEPRECIATION - - - - 220,000 0% Total WRF 96,330 148,901 118,710 363,940 1,491,489 24% Sewer Collection System Sewer COLLECTION SALARIES & WA 7,672 12,742 8,339 28,752 107,528 27% Sewer COLLECTION EMPLOYEE BENE 4,602 6,240 4,617 15,459 72,707 21% Sewer COLLECTION OVERTIME 414 711 517 1,641 8,000 21% Sewer COLLECTION SUBSCRIP & M - - - - 4,752 0% Sewer COLLECTION TRAVEL - - - - 4,500 0% Sewer COLLECTION OFFICE EXP & - - - - 900 0% Sewer COLLECTION EQUIP SUPPLIE 2,364 1,853 70 4,288 28,000 15% Sewer BLDG/GRDS SUPPLIES&MAINT - - - - 500 0% Sewer COLLECTION UTILITIES 300 273 73 647 2,000 32% Sewer COLLECTION TELEPHONE 90 90 90 269 3,000 9% Sewer COLLECTION RENTALS - 450 196 646 6,000 11% Sewer COLLECTION MONTHLY FUEL - 678 752 1,431 5,000 29% Sewer COLLECTION PROFESSIONAL 2,271 6,890 1,557 10,718 37,250 29% Sewer COLLECTION EDUCATION - 61 319 380 5,850 6% Sewer COLLECTION OTHER - 29 47 75 5,450 1% Sewer COLLECTION SPEC DEPT SUP 1,052 544 2,851 4,447 44,000 10% Total Sewer Collection System 18,765 30,561 19,427 68,753 335,437 20% Sewer Non-operating expense Sewer INTEREST ON SEWER BONDS - 37,736 147,683 185,419 208,114 89% Total Sewer Non-operating expense - 37,736 147,683 185,419 208,114 89% FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Total Expense 115,094 217,198 285,820 618,112 2,035,040 30% Net Income 184,074 90,445 (78,300) 196,215 320,947 61% Sewer Fund Capital Budget Purchases Sewage treatment facilities - - - - - #DIV/0! Sewer lines - - - - - #DIV/0! Manhole Replacement Project - - - - - #DIV/0! Equipment - general - - - - - #DIV/0! Equipment - sewer - - - - - #DIV/0! Office furniture and equipment - - - - - #DIV/0! Autos and trucks - - - - - #DIV/0! Total Purchases - - - - - #DIV/0! Debt Service 2017 Water Reclamation Facility - - 650,000 650,000 650,000 100% 2018 Sewer Bond - 138,000 - 138,000 112,939 122% Total Debt Service - 138,000 650,000 788,000 762,939 103% Total Capital Budget - 138,000 650,000 788,000 762,939 103% 53 Storm Water Utility fund Income or Expense Income From Operations: Operating income Water Operating Income STORM WATER DRAINAGE FEE 28,823 28,744 28,778 86,344 285,190 30% Total Water Operating Income 28,823 28,744 28,778 86,344 285,190 30% Total Income 28,823 28,744 28,778 86,344 285,190 30% Operating expense Water Operating expense Storm wtr GENERAL FUND O/H 8,760 8,760 8,760 26,279 105,114 25% Storm wtr FUEL - 473 507 980 19,260 5% Storm wtr PROFESSIONAL & TECH.- - - - - #DIV/0! Storm wtr DEPRECIATION - - - - - #DIV/0! Storm wtr SPECIAL PROJECTS - 240 - 240 - #DIV/0! Total Water Operating expense 8,760 9,473 9,266 27,499 124,374 22% Total Expense 8,760 9,473 9,266 27,499 124,374 22% Net Income 20,063 19,271 19,511 58,845 160,816 37% Storm Water Fund Capital Budget Projects: Storm Water System Upgrades #VALUE! Total Projects #DIV/0! Purchases Equipment - General - - - - - #DIV/0! Total Purchases #DIV/0! Debt Service FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget #VALUE! Total Debt Service #DIV/0! Total Capital Budget #DIV/0! 55 Transit and Parking Fund Change In Net Position Revenue: Charges for Services Transit Fares - - - - - #DIV/0! Total Charges for Services - - - - - #DIV/0! Contributions and transfers UDOT Hotspot - - - - 500,000 0% Grand County Contribution - - - - 250,000 0% General Fund Contribution - - - - 37,500 0% Federal Contribution (FTA)- - - - - #DIV/0! Transfer from Transit Fund Beg Balance - - - - - #DIV/0! Total Contributions and transfers - - - - 787,500 0% Total Revenue: - - - - 787,500 0% Expenditures: General Expenditures Operator Contract - - - - 250,000 0% Administrative Overhead - - - - 45,000 0% Marketing and Branding - - - - 17,500 0% Transfer to PT Fund Balance - - - - 475,000 0% Total General Expenditures - - - - 787,500 0% Total Expenditures: - - - - 787,500 0% Total Change In Net Position - - - - - 61 Health Insurance Fund Change In Net Position Revenue: Charges for services Health Reimb Arrgmt Premiums 42,881 42,881 43,183 128,946 675,547 19% Dental Premiums 3,536 3,509 - 7,045 50,000 14% Health Savings Account Premium - - 5,445 5,445 120,000 5% Medical Insurance Premiums 65,766 64,612 45,636 176,013 1,296,000 14% Life Insurance Premiums 2,369 3,429 6 5,792 14,000 41% Vision Insurance Premiums - - - - 14,500 0% Employee Health Savings Accoun - - 1,794 1,794 240,000 1% Employee Supplemental Insuranc - - - - 24,000 0% Employee Life Insurance Premiu - - - - 11,500 0% Short Term Disability Premiums 1,087 940 1,029 3,056 16,800 18% FY22 Month by Month MOAB CITY CORPORATION 25% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials July August September FY22 YTD FY22 Budget % Budget Total Charges for services 115,639 115,371 97,093 328,091 2,462,347 13% Total Revenue: 115,639 115,371 97,093 328,091 2,462,347 13% Expenditures: General government Administrative Third party administrator 49 49 159 257 - #DIV/0! Health Reimbursement Arrangeme 23,571 50,433 378 73,626 574,215 13% Dental Expenses 1,560 2,708 3,664 7,932 45,000 18% Health Savings Account Funding - - - - 120,000 0% Medical Insurance premiums 78,652 68,418 70,565 217,636 1,296,000 17% Vision Insurance premiums - - - - 14,500 0% Life Insurance premiums 2,366 2,371 - 4,737 14,000 34% Assistance Program (EAP)329 329 329 987 3,720 27% TeleMedicine 408 - 1,632 2,040 5,508 37% Wellness Program - 5,865 - 5,865 12,000 49% Employee Health Savings Accoun - - - - 240,000 0% Employee Supplemental Insuranc - - - - 24,000 0% Employee Life Insurance premiu - - - - 11,500 0% Short Term Disability - - - - 16,800 0% Transfer to Fund Balance - - - - 85,104 0% Total Administrative 106,934 130,174 76,727 313,079 2,462,347 13% Total Expenditures: 106,934 130,174 76,727 313,079 2,462,347 13% Total Change In Net Position 8,705 (14,802) 20,366 15,011 - #DIV/0!