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HomeMy Public PortalAboutPKT-CC-2021-12-14DECEMBER 14, 2021 REGULAR CITY COUNCIL MEETING 7:00 P.M. (VIRTUALLY WITH CITY HALL AS THE ANCHOR LOCATION) THIS MEETING WILL BE HELD ELECTRONICALLY WITH AN ANCHOR LOCATION WHERE COUNCIL MEMBERS AND THE PUBLIC ARE ENCOURAGED TO PARTICIPATE REMOTELY DUE TO HIGH TRANSMISSION STATUS AND LACK OF ICU BED AVAILABILITY IN HOSPITALS IN OUR REGION. MASKS AND SOCIAL DISTANCING ARE REQUIRED FOR IN -PERSON ATTENDANCE. City Council Chambers 217 East Center Street Moab, Utah 84532 Regular City Council Meeting - 7:00 p.m. (Virtual with City Hall as the anchor location) Call to Order and Roll Call Attendance Citizens to Be Heard (Electronic Participation) Citizens to be heard comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments. To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582? pwd=yuu5qu16vvldmexommlpswvwtg9xut09 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic 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. Public Hearing Public comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments. To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582? pwd=yuu5qu16vvldmexommlpswvwtg9xut09 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentform You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Proposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 - 2022 Budget Public Hearing resolution 35 -2021 fy22 budget amendment.pdf proposed budget amendment fy22 12.14.2021.pdf Administrative Reports Acting City Manager Updates Code Compliance Update Pack Creek Foot Bridge Update Mayor and Council Reports Approval of Minutes November 9, 2021, Regular Meeting min -cc -2021 -11 -09 regular meeting draft.pdf November 16, 2021, Special Meeting min -cc -2021 -11 -16 draft.pdf Old Business Water Conservation Plan Update Briefing and possible action wcp vote agenda summary.docx.pdf water conservation plan update 2021.pdf possible addition to section 6.pdf Water Conservation and Drought Management Board Bylaws Briefing and possible action water board bylaws agenda summary.pdf moab water cons board bylaws draft amended oct 2021.pdf Approval of a Development Agreement for 398 Kane Creek Blvd Parcel 01 -0001 - 0173 between JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT (“Developer ”) and the CITY OF MOAB, UT Briefing and possible action kane creek village development agreement.pdf exhibit a development agreement - moab city 11.2.2021 draft.pdf Proposed Ordinance 2021 -15: An Ordinance Approving a Zoning Map Amendment for Property located at Parcel #01 -0001 -0173, approximately 398 Kane Creek Blvd, Moab UT 84532, changing 7.98 acres of the subject parcel zone from RA -1 Residential -Agricultural Zone to R -3 Multi -Household Residential Zone. Briefing and possible action kane creek village rezone cc agenda summary 11.9.2021.pdf exhibit a draft ordinance 2021 -15 kane creek village rezone.pdf exhibit b vicinity map kcv rezone 082621.pdf exhibit c kane creek village rezone zoning map with concept.pdf exhibit d chapter 17.54 ra1 residential -agricultural zone code.pdf exhibit e 17.66 planned unit developments.pdf exhibit f chapter 17.48 r3 zone code.pdf exhibit g1 public comments.pdf exhibit g2 molly taylor comment.pdf exhibit h pcph minutes 8.26.2021.pdf exhibit i development agreement - moab city 11.2.2021 draft.pdf Proposed Ordinance 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 Briefing and possible action cc oridnance 2021 -16 adu amendments agenda summary 121421.pdf exhibit 1 chapter 17.70 code amendments 11.30.2021 clean 120721.pdf exhibit 2 chapter 17.70 code amendments 11.29.2021 cps 112221 nps legal.pdf exhibit 3 hb0082.pdf exhibit 4 adu matrix building code regs 113021.pdf New Business Award of the New 2021 VacTron LP 873 SDT Briefing and possible action 2021 vactron vac trailer.docx agenda summary.pdf city of moab lp873sdt 2021.pdf lp873 sdt vac quote.pdf sourcewell.pdf Film Commission Transfer to Grand County: Termination of Interlocal Agreement and Surplus of Property Briefing and possible action film commission agenda summary.pdf film commission ila termination notice.pdf ground county - film commission cost share.pdf resolution 37 -2021 film commission surplus .pdf Proposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 - 2022 Budget Briefing and possible action agenda summary - resolution 35 -2021 fy22 budget amendment.pdf resolution 35 -2021 fy22 budget amendment.pdf supplemental info - resolution 35 -2021 fy22 budget amendment.pdf proposed budget amendment fy22 12.14.2021.pdf Award Community Vision and Strategic Action Plan Contract Briefing and possible action community vision and strategic action plan contract award agenda summary.pdf scoring matrix 9.16.2021.pdf scoring matrix 11.01.2021.pdf future iq contract for services.pdf exhibit a scope of services.pdf exhibit b schedule of performance.pdf exhibit c schedule of compensation.pdf Canvass of the City of Moab General Election: The Canvassing of Votes from the City of Moab General Election Recount held on December 7, 2021 Briefing and possible action canvass recount agenda summary.pdf certificate of election.pdf moab city council recount_ ranked choice voting visualization seat 1.pdf moab city council recount_ ranked choice voting visualization seat 2.pdf 2022 Meeting Schedule Briefing and possible action 2022 council schedule.pdf 2022 Holiday Schedule Briefing and possible action 2022 holiday schedule.pdf Approval of Bills Against the City of Moab 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. 1.1. 2. 3. 3.1. Documents: 4. 4.1. 4.2. 4.3. 5. 6. 6.1. Documents: 6.2. Documents: 7. 7.1. Documents: 7.2. Documents: 7.3. Documents: 7.4. Documents: 7.5. Documents: 8. 8.1. Documents: 8.2. Documents: 8.3. Documents: 8.4. Documents: 8.5. Documents: 8.6. Documents: 8.7. Documents: 9. 10. DECEMBER 14, 2021REGULAR CITY COUNCIL MEETING 7:00 P.M. (VIRTUALLY WITH CITY HALL AS THE ANCHOR LOCATION)THIS MEETING WILL BE HELD ELECTRONICALLYWITH AN ANCHOR LOCATION WHERE COUNCIL MEMBERS AND THE PUBLIC ARE ENCOURAGED TO PARTICIPATE REMOTELY DUE TO HIGH TRANSMISSION STATUS AND LACK OF ICU BED AVAILABILITY IN HOSPITALS IN OUR REGION. MASKS AND SOCIAL DISTANCING ARE REQUIRED FOR IN -PERSON ATTENDANCE.City Council Chambers217 East Center StreetMoab, Utah 84532Regular City Council Meeting - 7:00 p.m. (Virtual with City Hall as the anchor location)Call to Order and Roll Call AttendanceCitizens to Be Heard (Electronic Participation)Citizens to be heard comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582?pwd=yuu5qu16vvldmexommlpswvwtg9xut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic 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. Public Hearing Public comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments. To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582? pwd=yuu5qu16vvldmexommlpswvwtg9xut09 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentform You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Proposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 - 2022 Budget Public Hearing resolution 35 -2021 fy22 budget amendment.pdf proposed budget amendment fy22 12.14.2021.pdf Administrative Reports Acting City Manager Updates Code Compliance Update Pack Creek Foot Bridge Update Mayor and Council Reports Approval of Minutes November 9, 2021, Regular Meeting min -cc -2021 -11 -09 regular meeting draft.pdf November 16, 2021, Special Meeting min -cc -2021 -11 -16 draft.pdf Old Business Water Conservation Plan Update Briefing and possible action wcp vote agenda summary.docx.pdf water conservation plan update 2021.pdf possible addition to section 6.pdf Water Conservation and Drought Management Board Bylaws Briefing and possible action water board bylaws agenda summary.pdf moab water cons board bylaws draft amended oct 2021.pdf Approval of a Development Agreement for 398 Kane Creek Blvd Parcel 01 -0001 - 0173 between JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT (“Developer ”) and the CITY OF MOAB, UT Briefing and possible action kane creek village development agreement.pdf exhibit a development agreement - moab city 11.2.2021 draft.pdf Proposed Ordinance 2021 -15: An Ordinance Approving a Zoning Map Amendment for Property located at Parcel #01 -0001 -0173, approximately 398 Kane Creek Blvd, Moab UT 84532, changing 7.98 acres of the subject parcel zone from RA -1 Residential -Agricultural Zone to R -3 Multi -Household Residential Zone. Briefing and possible action kane creek village rezone cc agenda summary 11.9.2021.pdf exhibit a draft ordinance 2021 -15 kane creek village rezone.pdf exhibit b vicinity map kcv rezone 082621.pdf exhibit c kane creek village rezone zoning map with concept.pdf exhibit d chapter 17.54 ra1 residential -agricultural zone code.pdf exhibit e 17.66 planned unit developments.pdf exhibit f chapter 17.48 r3 zone code.pdf exhibit g1 public comments.pdf exhibit g2 molly taylor comment.pdf exhibit h pcph minutes 8.26.2021.pdf exhibit i development agreement - moab city 11.2.2021 draft.pdf Proposed Ordinance 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 Briefing and possible action cc oridnance 2021 -16 adu amendments agenda summary 121421.pdf exhibit 1 chapter 17.70 code amendments 11.30.2021 clean 120721.pdf exhibit 2 chapter 17.70 code amendments 11.29.2021 cps 112221 nps legal.pdf exhibit 3 hb0082.pdf exhibit 4 adu matrix building code regs 113021.pdf New Business Award of the New 2021 VacTron LP 873 SDT Briefing and possible action 2021 vactron vac trailer.docx agenda summary.pdf city of moab lp873sdt 2021.pdf lp873 sdt vac quote.pdf sourcewell.pdf Film Commission Transfer to Grand County: Termination of Interlocal Agreement and Surplus of Property Briefing and possible action film commission agenda summary.pdf film commission ila termination notice.pdf ground county - film commission cost share.pdf resolution 37 -2021 film commission surplus .pdf Proposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 - 2022 Budget Briefing and possible action agenda summary - resolution 35 -2021 fy22 budget amendment.pdf resolution 35 -2021 fy22 budget amendment.pdf supplemental info - resolution 35 -2021 fy22 budget amendment.pdf proposed budget amendment fy22 12.14.2021.pdf Award Community Vision and Strategic Action Plan Contract Briefing and possible action community vision and strategic action plan contract award agenda summary.pdf scoring matrix 9.16.2021.pdf scoring matrix 11.01.2021.pdf future iq contract for services.pdf exhibit a scope of services.pdf exhibit b schedule of performance.pdf exhibit c schedule of compensation.pdf Canvass of the City of Moab General Election: The Canvassing of Votes from the City of Moab General Election Recount held on December 7, 2021 Briefing and possible action canvass recount agenda summary.pdf certificate of election.pdf moab city council recount_ ranked choice voting visualization seat 1.pdf moab city council recount_ ranked choice voting visualization seat 2.pdf 2022 Meeting Schedule Briefing and possible action 2022 council schedule.pdf 2022 Holiday Schedule Briefing and possible action 2022 holiday schedule.pdf Approval of Bills Against the City of Moab 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 1.1.1.2. 3. 3.1. Documents: 4. 4.1. 4.2. 4.3. 5. 6. 6.1. Documents: 6.2. Documents: 7. 7.1. Documents: 7.2. Documents: 7.3. Documents: 7.4. Documents: 7.5. Documents: 8. 8.1. Documents: 8.2. Documents: 8.3. Documents: 8.4. Documents: 8.5. Documents: 8.6. Documents: 8.7. Documents: 9. 10. DECEMBER 14, 2021REGULAR CITY COUNCIL MEETING 7:00 P.M. (VIRTUALLY WITH CITY HALL AS THE ANCHOR LOCATION)THIS MEETING WILL BE HELD ELECTRONICALLYWITH AN ANCHOR LOCATION WHERE COUNCIL MEMBERS AND THE PUBLIC ARE ENCOURAGED TO PARTICIPATE REMOTELY DUE TO HIGH TRANSMISSION STATUS AND LACK OF ICU BED AVAILABILITY IN HOSPITALS IN OUR REGION. MASKS AND SOCIAL DISTANCING ARE REQUIRED FOR IN -PERSON ATTENDANCE.City Council Chambers217 East Center StreetMoab, Utah 84532Regular City Council Meeting - 7:00 p.m. (Virtual with City Hall as the anchor location)Call to Order and Roll Call AttendanceCitizens to Be Heard (Electronic Participation)Citizens to be heard comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582?pwd=yuu5qu16vvldmexommlpswvwtg9xut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic 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.Public HearingPublic comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582?pwd=yuu5qu16vvldmexommlpswvwtg9xut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube.To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentform You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Proposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 -2022 BudgetPublic Hearing resolution 35 -2021 fy22 budget amendment.pdfproposed budget amendment fy22 12.14.2021.pdfAdministrative ReportsActing City Manager UpdatesCode Compliance Update Pack Creek Foot Bridge Update Mayor and Council Reports Approval of Minutes November 9, 2021, Regular Meeting min -cc -2021 -11 -09 regular meeting draft.pdf November 16, 2021, Special Meeting min -cc -2021 -11 -16 draft.pdf Old Business Water Conservation Plan Update Briefing and possible action wcp vote agenda summary.docx.pdf water conservation plan update 2021.pdf possible addition to section 6.pdf Water Conservation and Drought Management Board Bylaws Briefing and possible action water board bylaws agenda summary.pdf moab water cons board bylaws draft amended oct 2021.pdf Approval of a Development Agreement for 398 Kane Creek Blvd Parcel 01 -0001 - 0173 between JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT (“Developer ”) and the CITY OF MOAB, UT Briefing and possible action kane creek village development agreement.pdf exhibit a development agreement - moab city 11.2.2021 draft.pdf Proposed Ordinance 2021 -15: An Ordinance Approving a Zoning Map Amendment for Property located at Parcel #01 -0001 -0173, approximately 398 Kane Creek Blvd, Moab UT 84532, changing 7.98 acres of the subject parcel zone from RA -1 Residential -Agricultural Zone to R -3 Multi -Household Residential Zone. Briefing and possible action kane creek village rezone cc agenda summary 11.9.2021.pdf exhibit a draft ordinance 2021 -15 kane creek village rezone.pdf exhibit b vicinity map kcv rezone 082621.pdf exhibit c kane creek village rezone zoning map with concept.pdf exhibit d chapter 17.54 ra1 residential -agricultural zone code.pdf exhibit e 17.66 planned unit developments.pdf exhibit f chapter 17.48 r3 zone code.pdf exhibit g1 public comments.pdf exhibit g2 molly taylor comment.pdf exhibit h pcph minutes 8.26.2021.pdf exhibit i development agreement - moab city 11.2.2021 draft.pdf Proposed Ordinance 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 Briefing and possible action cc oridnance 2021 -16 adu amendments agenda summary 121421.pdf exhibit 1 chapter 17.70 code amendments 11.30.2021 clean 120721.pdf exhibit 2 chapter 17.70 code amendments 11.29.2021 cps 112221 nps legal.pdf exhibit 3 hb0082.pdf exhibit 4 adu matrix building code regs 113021.pdf New Business Award of the New 2021 VacTron LP 873 SDT Briefing and possible action 2021 vactron vac trailer.docx agenda summary.pdf city of moab lp873sdt 2021.pdf lp873 sdt vac quote.pdf sourcewell.pdf Film Commission Transfer to Grand County: Termination of Interlocal Agreement and Surplus of Property Briefing and possible action film commission agenda summary.pdf film commission ila termination notice.pdf ground county - film commission cost share.pdf resolution 37 -2021 film commission surplus .pdf Proposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 - 2022 Budget Briefing and possible action agenda summary - resolution 35 -2021 fy22 budget amendment.pdf resolution 35 -2021 fy22 budget amendment.pdf supplemental info - resolution 35 -2021 fy22 budget amendment.pdf proposed budget amendment fy22 12.14.2021.pdf Award Community Vision and Strategic Action Plan Contract Briefing and possible action community vision and strategic action plan contract award agenda summary.pdf scoring matrix 9.16.2021.pdf scoring matrix 11.01.2021.pdf future iq contract for services.pdf exhibit a scope of services.pdf exhibit b schedule of performance.pdf exhibit c schedule of compensation.pdf Canvass of the City of Moab General Election: The Canvassing of Votes from the City of Moab General Election Recount held on December 7, 2021 Briefing and possible action canvass recount agenda summary.pdf certificate of election.pdf moab city council recount_ ranked choice voting visualization seat 1.pdf moab city council recount_ ranked choice voting visualization seat 2.pdf 2022 Meeting Schedule Briefing and possible action 2022 council schedule.pdf 2022 Holiday Schedule Briefing and possible action 2022 holiday schedule.pdf Approval of Bills Against the City of Moab 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 1.1.1.2.3.3.1.Documents:4.4.1.4.2. 4.3. 5. 6. 6.1. Documents: 6.2. Documents: 7. 7.1. Documents: 7.2. Documents: 7.3. Documents: 7.4. Documents: 7.5. Documents: 8. 8.1. Documents: 8.2. Documents: 8.3. Documents: 8.4. Documents: 8.5. Documents: 8.6. Documents: 8.7. Documents: 9. 10. DECEMBER 14, 2021REGULAR CITY COUNCIL MEETING 7:00 P.M. (VIRTUALLY WITH CITY HALL AS THE ANCHOR LOCATION)THIS MEETING WILL BE HELD ELECTRONICALLYWITH AN ANCHOR LOCATION WHERE COUNCIL MEMBERS AND THE PUBLIC ARE ENCOURAGED TO PARTICIPATE REMOTELY DUE TO HIGH TRANSMISSION STATUS AND LACK OF ICU BED AVAILABILITY IN HOSPITALS IN OUR REGION. MASKS AND SOCIAL DISTANCING ARE REQUIRED FOR IN -PERSON ATTENDANCE.City Council Chambers217 East Center StreetMoab, Utah 84532Regular City Council Meeting - 7:00 p.m. (Virtual with City Hall as the anchor location)Call to Order and Roll Call AttendanceCitizens to Be Heard (Electronic Participation)Citizens to be heard comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582?pwd=yuu5qu16vvldmexommlpswvwtg9xut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic 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.Public HearingPublic comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582?pwd=yuu5qu16vvldmexommlpswvwtg9xut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube.To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentform You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Proposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 -2022 BudgetPublic Hearing resolution 35 -2021 fy22 budget amendment.pdfproposed budget amendment fy22 12.14.2021.pdfAdministrative ReportsActing City Manager UpdatesCode Compliance UpdatePack Creek Foot Bridge UpdateMayor and Council ReportsApproval of MinutesNovember 9, 2021, Regular Meetingmin-cc -2021 -11 -09 regular meeting draft.pdfNovember 16, 2021, Special Meetingmin-cc -2021 -11 -16 draft.pdfOld BusinessWater Conservation Plan UpdateBriefing and possible actionwcp vote agenda summary.docx.pdfwater conservation plan update 2021.pdfpossible addition to section 6.pdfWater Conservation and Drought Management Board BylawsBriefing and possible actionwater board bylaws agenda summary.pdfmoab water cons board bylaws draft amended oct 2021.pdfApproval of a Development Agreement for 398 Kane Creek Blvd Parcel 01 -0001 -0173 between JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT (“Developer ”) and the CITY OF MOAB, UTBriefing and possible actionkane creek village development agreement.pdfexhibit a development agreement - moab city 11.2.2021 draft.pdfProposed Ordinance 2021 -15: An Ordinance Approving a Zoning Map Amendment for Property located at Parcel #01 -0001 -0173, approximately 398 Kane Creek Blvd, Moab UT 84532, changing 7.98 acres of the subject parcel zone from RA -1 Residential -Agricultural Zone to R -3 Multi -Household Residential Zone.Briefing and possible action kane creek village rezone cc agenda summary 11.9.2021.pdf exhibit a draft ordinance 2021 -15 kane creek village rezone.pdf exhibit b vicinity map kcv rezone 082621.pdf exhibit c kane creek village rezone zoning map with concept.pdf exhibit d chapter 17.54 ra1 residential -agricultural zone code.pdf exhibit e 17.66 planned unit developments.pdf exhibit f chapter 17.48 r3 zone code.pdf exhibit g1 public comments.pdf exhibit g2 molly taylor comment.pdf exhibit h pcph minutes 8.26.2021.pdf exhibit i development agreement - moab city 11.2.2021 draft.pdf Proposed Ordinance 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 Briefing and possible action cc oridnance 2021 -16 adu amendments agenda summary 121421.pdf exhibit 1 chapter 17.70 code amendments 11.30.2021 clean 120721.pdf exhibit 2 chapter 17.70 code amendments 11.29.2021 cps 112221 nps legal.pdf exhibit 3 hb0082.pdf exhibit 4 adu matrix building code regs 113021.pdf New Business Award of the New 2021 VacTron LP 873 SDT Briefing and possible action 2021 vactron vac trailer.docx agenda summary.pdf city of moab lp873sdt 2021.pdf lp873 sdt vac quote.pdf sourcewell.pdf Film Commission Transfer to Grand County: Termination of Interlocal Agreement and Surplus of Property Briefing and possible action film commission agenda summary.pdf film commission ila termination notice.pdf ground county - film commission cost share.pdf resolution 37 -2021 film commission surplus .pdf Proposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 - 2022 Budget Briefing and possible action agenda summary - resolution 35 -2021 fy22 budget amendment.pdf resolution 35 -2021 fy22 budget amendment.pdf supplemental info - resolution 35 -2021 fy22 budget amendment.pdf proposed budget amendment fy22 12.14.2021.pdf Award Community Vision and Strategic Action Plan Contract Briefing and possible action community vision and strategic action plan contract award agenda summary.pdf scoring matrix 9.16.2021.pdf scoring matrix 11.01.2021.pdf future iq contract for services.pdf exhibit a scope of services.pdf exhibit b schedule of performance.pdf exhibit c schedule of compensation.pdf Canvass of the City of Moab General Election: The Canvassing of Votes from the City of Moab General Election Recount held on December 7, 2021 Briefing and possible action canvass recount agenda summary.pdf certificate of election.pdf moab city council recount_ ranked choice voting visualization seat 1.pdf moab city council recount_ ranked choice voting visualization seat 2.pdf 2022 Meeting Schedule Briefing and possible action 2022 council schedule.pdf 2022 Holiday Schedule Briefing and possible action 2022 holiday schedule.pdf Approval of Bills Against the City of Moab 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 1.1.1.2.3.3.1.Documents:4.4.1.4.2.4.3.5.6.6.1.Documents:6.2.Documents:7.7.1.Documents:7.2.Documents:7.3.Documents:7.4.Documents: 7.5. Documents: 8. 8.1. Documents: 8.2. Documents: 8.3. Documents: 8.4. Documents: 8.5. Documents: 8.6. Documents: 8.7. Documents: 9. 10. DECEMBER 14, 2021REGULAR CITY COUNCIL MEETING 7:00 P.M. (VIRTUALLY WITH CITY HALL AS THE ANCHOR LOCATION)THIS MEETING WILL BE HELD ELECTRONICALLYWITH AN ANCHOR LOCATION WHERE COUNCIL MEMBERS AND THE PUBLIC ARE ENCOURAGED TO PARTICIPATE REMOTELY DUE TO HIGH TRANSMISSION STATUS AND LACK OF ICU BED AVAILABILITY IN HOSPITALS IN OUR REGION. MASKS AND SOCIAL DISTANCING ARE REQUIRED FOR IN -PERSON ATTENDANCE.City Council Chambers217 East Center StreetMoab, Utah 84532Regular City Council Meeting - 7:00 p.m. (Virtual with City Hall as the anchor location)Call to Order and Roll Call AttendanceCitizens to Be Heard (Electronic Participation)Citizens to be heard comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582?pwd=yuu5qu16vvldmexommlpswvwtg9xut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic 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.Public HearingPublic comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582?pwd=yuu5qu16vvldmexommlpswvwtg9xut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube.To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentform You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Proposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 -2022 BudgetPublic Hearing resolution 35 -2021 fy22 budget amendment.pdfproposed budget amendment fy22 12.14.2021.pdfAdministrative ReportsActing City Manager UpdatesCode Compliance UpdatePack Creek Foot Bridge UpdateMayor and Council ReportsApproval of MinutesNovember 9, 2021, Regular Meetingmin-cc -2021 -11 -09 regular meeting draft.pdfNovember 16, 2021, Special Meetingmin-cc -2021 -11 -16 draft.pdfOld BusinessWater Conservation Plan UpdateBriefing and possible actionwcp vote agenda summary.docx.pdfwater conservation plan update 2021.pdfpossible addition to section 6.pdfWater Conservation and Drought Management Board BylawsBriefing and possible actionwater board bylaws agenda summary.pdfmoab water cons board bylaws draft amended oct 2021.pdfApproval of a Development Agreement for 398 Kane Creek Blvd Parcel 01 -0001 -0173 between JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT (“Developer ”) and the CITY OF MOAB, UTBriefing and possible actionkane creek village development agreement.pdfexhibit a development agreement - moab city 11.2.2021 draft.pdfProposed Ordinance 2021 -15: An Ordinance Approving a Zoning Map Amendment for Property located at Parcel #01 -0001 -0173, approximately 398 Kane Creek Blvd, Moab UT 84532, changing 7.98 acres of the subject parcel zone from RA -1 Residential -Agricultural Zone to R -3 Multi -Household Residential Zone.Briefing and possible actionkane creek village rezone cc agenda summary 11.9.2021.pdfexhibit a draft ordinance 2021 -15 kane creek village rezone.pdfexhibit b vicinity map kcv rezone 082621.pdfexhibit c kane creek village rezone zoning map with concept.pdfexhibit d chapter 17.54 ra1 residential -agricultural zone code.pdfexhibit e 17.66 planned unit developments.pdfexhibit f chapter 17.48 r3 zone code.pdfexhibit g1 public comments.pdfexhibit g2 molly taylor comment.pdfexhibit h pcph minutes 8.26.2021.pdfexhibit i development agreement - moab city 11.2.2021 draft.pdfProposed Ordinance 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 DefinitionsBriefing and possible actioncc oridnance 2021 -16 adu amendments agenda summary 121421.pdfexhibit 1 chapter 17.70 code amendments 11.30.2021 clean 120721.pdfexhibit 2 chapter 17.70 code amendments 11.29.2021 cps 112221 nps legal.pdfexhibit 3 hb0082.pdfexhibit 4 adu matrix building code regs 113021.pdfNew BusinessAward of the New 2021 VacTron LP 873 SDTBriefing and possible action2021 vactron vac trailer.docx agenda summary.pdfcity of moab lp873sdt 2021.pdflp873 sdt vac quote.pdfsourcewell.pdfFilm Commission Transfer to Grand County: Termination of Interlocal Agreement and Surplus of PropertyBriefing and possible actionfilm commission agenda summary.pdffilm commission ila termination notice.pdfground county - film commission cost share.pdfresolution 37 -2021 film commission surplus .pdfProposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 -2022 Budget Briefing and possible action agenda summary - resolution 35 -2021 fy22 budget amendment.pdf resolution 35 -2021 fy22 budget amendment.pdf supplemental info - resolution 35 -2021 fy22 budget amendment.pdf proposed budget amendment fy22 12.14.2021.pdf Award Community Vision and Strategic Action Plan Contract Briefing and possible action community vision and strategic action plan contract award agenda summary.pdf scoring matrix 9.16.2021.pdf scoring matrix 11.01.2021.pdf future iq contract for services.pdf exhibit a scope of services.pdf exhibit b schedule of performance.pdf exhibit c schedule of compensation.pdf Canvass of the City of Moab General Election: The Canvassing of Votes from the City of Moab General Election Recount held on December 7, 2021 Briefing and possible action canvass recount agenda summary.pdf certificate of election.pdf moab city council recount_ ranked choice voting visualization seat 1.pdf moab city council recount_ ranked choice voting visualization seat 2.pdf 2022 Meeting Schedule Briefing and possible action 2022 council schedule.pdf 2022 Holiday Schedule Briefing and possible action 2022 holiday schedule.pdf Approval of Bills Against the City of Moab 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 1.1.1.2.3.3.1.Documents:4.4.1.4.2.4.3.5.6.6.1.Documents:6.2.Documents:7.7.1.Documents:7.2.Documents:7.3.Documents:7.4.Documents:7.5.Documents:8.8.1.Documents:8.2.Documents:8.3. Documents: 8.4. Documents: 8.5. Documents: 8.6. Documents: 8.7. Documents: 9. 10. DECEMBER 14, 2021REGULAR CITY COUNCIL MEETING 7:00 P.M. (VIRTUALLY WITH CITY HALL AS THE ANCHOR LOCATION)THIS MEETING WILL BE HELD ELECTRONICALLYWITH AN ANCHOR LOCATION WHERE COUNCIL MEMBERS AND THE PUBLIC ARE ENCOURAGED TO PARTICIPATE REMOTELY DUE TO HIGH TRANSMISSION STATUS AND LACK OF ICU BED AVAILABILITY IN HOSPITALS IN OUR REGION. MASKS AND SOCIAL DISTANCING ARE REQUIRED FOR IN -PERSON ATTENDANCE.City Council Chambers217 East Center StreetMoab, Utah 84532Regular City Council Meeting - 7:00 p.m. (Virtual with City Hall as the anchor location)Call to Order and Roll Call AttendanceCitizens to Be Heard (Electronic Participation)Citizens to be heard comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582?pwd=yuu5qu16vvldmexommlpswvwtg9xut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic 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.Public HearingPublic comments may be made in person, by phone, or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate in person, accommodations will be made in the Moab City Council Chambers. To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 879 1981 0582 Passcode (if needed): 652753 Link: https://us02web.zoom.us/j/87919810582?pwd=yuu5qu16vvldmexommlpswvwtg9xut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube.To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentform You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Proposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 -2022 BudgetPublic Hearing resolution 35 -2021 fy22 budget amendment.pdfproposed budget amendment fy22 12.14.2021.pdfAdministrative ReportsActing City Manager UpdatesCode Compliance UpdatePack Creek Foot Bridge UpdateMayor and Council ReportsApproval of MinutesNovember 9, 2021, Regular Meetingmin-cc -2021 -11 -09 regular meeting draft.pdfNovember 16, 2021, Special Meetingmin-cc -2021 -11 -16 draft.pdfOld BusinessWater Conservation Plan UpdateBriefing and possible actionwcp vote agenda summary.docx.pdfwater conservation plan update 2021.pdfpossible addition to section 6.pdfWater Conservation and Drought Management Board BylawsBriefing and possible actionwater board bylaws agenda summary.pdfmoab water cons board bylaws draft amended oct 2021.pdfApproval of a Development Agreement for 398 Kane Creek Blvd Parcel 01 -0001 -0173 between JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT (“Developer ”) and the CITY OF MOAB, UTBriefing and possible actionkane creek village development agreement.pdfexhibit a development agreement - moab city 11.2.2021 draft.pdfProposed Ordinance 2021 -15: An Ordinance Approving a Zoning Map Amendment for Property located at Parcel #01 -0001 -0173, approximately 398 Kane Creek Blvd, Moab UT 84532, changing 7.98 acres of the subject parcel zone from RA -1 Residential -Agricultural Zone to R -3 Multi -Household Residential Zone.Briefing and possible actionkane creek village rezone cc agenda summary 11.9.2021.pdfexhibit a draft ordinance 2021 -15 kane creek village rezone.pdfexhibit b vicinity map kcv rezone 082621.pdfexhibit c kane creek village rezone zoning map with concept.pdfexhibit d chapter 17.54 ra1 residential -agricultural zone code.pdfexhibit e 17.66 planned unit developments.pdfexhibit f chapter 17.48 r3 zone code.pdfexhibit g1 public comments.pdfexhibit g2 molly taylor comment.pdfexhibit h pcph minutes 8.26.2021.pdfexhibit i development agreement - moab city 11.2.2021 draft.pdfProposed Ordinance 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 DefinitionsBriefing and possible actioncc oridnance 2021 -16 adu amendments agenda summary 121421.pdfexhibit 1 chapter 17.70 code amendments 11.30.2021 clean 120721.pdfexhibit 2 chapter 17.70 code amendments 11.29.2021 cps 112221 nps legal.pdfexhibit 3 hb0082.pdfexhibit 4 adu matrix building code regs 113021.pdfNew BusinessAward of the New 2021 VacTron LP 873 SDTBriefing and possible action2021 vactron vac trailer.docx agenda summary.pdfcity of moab lp873sdt 2021.pdflp873 sdt vac quote.pdfsourcewell.pdfFilm Commission Transfer to Grand County: Termination of Interlocal Agreement and Surplus of PropertyBriefing and possible actionfilm commission agenda summary.pdffilm commission ila termination notice.pdfground county - film commission cost share.pdfresolution 37 -2021 film commission surplus .pdfProposed Resolution 35 -2021: A Resolution Amending the Fiscal Year 2021 -2022 BudgetBriefing and possible actionagenda summary - resolution 35 -2021 fy22 budget amendment.pdfresolution 35 -2021 fy22 budget amendment.pdfsupplemental info - resolution 35 -2021 fy22 budget amendment.pdfproposed budget amendment fy22 12.14.2021.pdfAward Community Vision and Strategic Action Plan ContractBriefing and possible actioncommunity vision and strategic action plan contract award agenda summary.pdfscoring matrix 9.16.2021.pdfscoring matrix 11.01.2021.pdffuture iq contract for services.pdfexhibit a scope of services.pdfexhibit b schedule of performance.pdfexhibit c schedule of compensation.pdfCanvass of the City of Moab General Election: The Canvassing of Votes from the City of Moab General Election Recount held on December 7, 2021Briefing and possible actioncanvass recount agenda summary.pdfcertificate of election.pdfmoab city council recount_ ranked choice voting visualization seat 1.pdfmoab city council recount_ ranked choice voting visualization seat 2.pdf2022 Meeting ScheduleBriefing and possible action2022 council schedule.pdf2022 Holiday ScheduleBriefing and possible action2022 holiday schedule.pdfApproval of Bills Against the City of MoabAdjournment 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 1.1.1.2.3.3.1.Documents:4.4.1.4.2.4.3.5.6.6.1.Documents:6.2.Documents:7.7.1.Documents:7.2.Documents:7.3.Documents:7.4.Documents:7.5.Documents:8.8.1.Documents:8.2.Documents:8.3.Documents:8.4.Documents:8.5.Documents:8.6.Documents:8.7.Documents:9.10. 1 CITY OF MOAB RESOLUTION NO. 35-2021 A RESOLUTION AMENDING THE FISCAL YEAR 2021-2022 BUDGET WHEREAS, the City Council of the City of Moab adopted the fiscal year 2021-2022 budget by resolution 22-2021; and WHEREAS, the City may amend the adopted budget as needed prior to the last day of the fiscal year as outlined by UCA 10-6-127; and WHEREAS, at a meeting duly noticed and held on December 14, 2021, a public hearing was held for the purpose of receiving public input for the budget amendment; and WHEREAS, the City of Moab has proposed to amend the 2021-2022 fiscal year budget for the various funds as summarized below and included in Exhibit A; NOW, THEREFORE BE IT RESOLVED THAT THE 2021-2022 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Fund Amended Revenue Amended Expenditure 10 - General Fund $14,733,527 $14,733,527 21 – Class C Road Fund $959,629 $959,629 23 - Recreation Fund $1,539,858 $1,539,858 41 – Capital Projects Fund $1,359,683 $1,359,683 51 - Water Fund $1,979,461 $1,488,260 52 – Sewer Fund $2,355,987 $2,335,040 53 – Storm Water Fund $285,190 $124,374 PASSED AND APPROVED by a majority of the City Council, this 14th day of December, 2021. By:__________________________ _________________ Emily S. Niehaus, Mayor Date Attest: By:___________________________ ________________ Sommar Johnson, Recorder Date FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 7/1/2020 7/1/2021 6/30/2022 10 General Fund 6/30/2021 11/30/2021 4 Change In Net Position Revenue: Taxes SALES & USE TAXES 2,803,004 1,465,358 2,362,405 62%271,527 2,633,932 RAP TAXES 91,789 205,952 319,541 64%319,541 FRANCHISE TAXES 106,011 42,115 144,707 29%144,707 HIGHWAY TAXES 1,136,233 625,578 932,858 67%154,162 1,087,020 TRANSIENT ROOM TAXES 1,578,634 1,055,790 1,469,701 72%119,946 1,589,647 RESORT COMMUNITY TAXES 5,649,771 3,255,396 4,786,664 68%836,475 5,623,139 ENERGY TAXES 222,462 94,906 168,308 56%168,308 Total Taxes 11,587,906 6,745,096 10,184,184 66%11,566,294 Licenses and permits INACTIVE 90 - - 0%- FLAT BUSINESS LICENSES 23,289 3,494 12,000 29%12,000 SPECIAL EVENT LICENSES 10,507 2,684 6,000 45%6,000 SIGN PERMITS 88 - 200 0%200 BUILDING PERMITS - CITY 57,020 12,372 40,000 31%40,000 BUILDING PERMITS - COMMERCIAL 60,856 48,135 30,000 160%30,000 1% BLDG PERMIT CHARGE 281 2,908 500 582%500 PLAN CHECK FEES 42,219 42,881 - 0%- PLANNING & ZONING ALL OTHER FE 20,257 9,709 10,000 97%10,000 OTHER LICENSES & PERMITS 380 76 - 0%- Total Licenses and permits 214,987 122,258 98,700 124%98,700 Intergovernmental revenue PSafety - STATE LIQUOR FUND AL 28,173 - 28,000 0%28,000 PSafety - MISC STATE GRANTS 9,631 25,538 - 0%- PSafety - VICTIM ADVOCATE GRAN 63,814 - 58,115 0%58,115 PSafety - VICTIM ADVOCATE 4,940 - -0%- SAN JUAN CO. CONTRIBUTION 5,000 - 5,000 0%5,000 GRAND COUNTY CONTRIBUTION 77,948 - 38,974 0%38,974 Total Intergovernmental revenue 189,506 25,538 130,089 20%130,089 Charges for services SPECIAL SERVICES BY CITY DEPTS 2,000 - 2,000 0%2,000 SPECIAL EVENT SERVICES BY CITY - - - 0%- SPECIAL SERVICES BY ENGINEERIN 53,726 - 35,000 0%35,000 SPECIAL SERVICES BY TREASURER - - - 0%- GARBAGE BILLING / COLLECTION 293,906 27,724 84,000 33%84,000 REFUSE COLLECTION CHARGES 994,686 215,757 1,200,000 18%1,200,000 RECYLING COLLECTION CHARGES 95,596 8,092 60,000 13%60,000 PSafety - ANIMAL SHELTER FEES 5,390 2,885 6,000 48%6,000 PSafety - ANIMAL SHELTER INTER 11,134 8,733 14,500 60%14,500 PSafety - SECURITY SERVICES 11,366 3,144 2,000 157%2,000 PSafety - SPECIAL EVENT SERVIC - (1,300) 8,000 -16%8,000 PSafety - RECORDS FEES 1,435 1,792 1,000 179%1,000 PSafety - WITNESS FEES 74 - 100 0%100 Total Charges for services 1,469,313 266,827 1,412,600 19%1,412,600 Sustainability SUSTAINABILITY GRANTS AND DONA - - - 0%- EXHIBIT A FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget SUSTAINABILITY MONUMENT COST S - - - 0% - Total Sustainability - - - 0% - Fines and forfeitures CODE ENFORCEMENT FINES 6,420 650 - 0% - PSafety - FINES & PENALTIES 37,786 9,566 40,000 24% 40,000 PSafety - FORFEITURES (1,776) - - 0% - Total Fines and forfeitures 42,429 10,216 40,000 26% 40,000 Interest INTEREST INCOME 4,342 - - 0% - INTEREST PTIF 30,113 10,754 20,000 54% 20,000 Total Interest 34,455 10,754 20,000 54% 20,000 Miscellaneous revenue PSafety - DONATIONS - 500 - 0% - PSafety - EVIDENCE/LOST & FOUN 1,438 - - 0% - RESTITUTION 4,212 - - 0% - PSafety - SEIZED PROPERTY 1,778 - - 0% - PARK RENTALS 12,830 4,400 13,000 34% 13,000 PARK DEPOSITS (180) (900) - 0% - COVID STIMULUS (CARES/ARPA)1,011,271 315,760 315,760 100% 315,760 FILM COMM - SPONSOR/DONATION 5,000 500 4,000 13% 4,000 FILM COMM - SPECIAL EVENT FEES 1,349 - - 0% - FILM COM. - EQUIP RENTAL FEES 200 750 500 150% 500 SALE OF REAL/PERS. PROPERTY - - 5,000 0% 5,000 INSURANCE REBATE 25,036 - - 0% - INSURANCE INCOME - 15,720 - 0% - OTHER 32,369 14 17,000 0% 17,000 PSafety - ANIMAL DEPOSITS NON-1,935 525 1,000 53% 1,000 ALLOWANCE ON DOUBTFUL ACCOUNTS - (1,835) - 0% - Total Miscellaneous revenue 1,097,237 337,269 356,260 95% 356,260 Contributions and transfers OVERHEAD PAID FROM STORM WATER 84,186 35,038 105,114 33% 105,114 OVERHEAD PAID FROM SEWER FUND 378,837 157,671 473,013 33% 473,013 OVERHEAD PAID FROM CUL WATER F 391,747 162,152 486,457 33% 486,457 OVERHEAD PAID FROM TRANSIT FUND - - 45,000 0% 45,000 GENERAL FUND BEG. BALANCE - - - 0% - Total Contributions and transfers 854,770 354,861 1,109,584 32% 1,109,584 Total Revenue: 15,490,604 7,872,819 13,351,417 59% 14,733,527 Expenditures: General government Attorney Attorney SALARIES & WAGES 134,340 34,465 138,703 25% 138,703 Attorney BENEFITS 49,713 11,950 58,729 20% 58,729 Attorney SUBSCRIPTIONS & MEMBE 1,551 30 4,185 1% 4,185 Attorney TRAVEL\FOOD - - 1,000 0% 1,000 Attorney OFFICE EXPENSE & SUPP 418 - 100 0% 100 Attorney PROFESSIONAL & TECH. 32,705 47,128 25,000 189% 25,000 Attorney PUBLIC DEFENDER 23,353 12,886 24,000 54% 24,000 Attorney PROSECUTION SERVICES 44,187 12,180 37,000 33% 37,000 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Attorney EDUCATION - - 400 0% 400 Total Attorney 286,267 118,640 289,117 41% 289,117 General General EMPLOYEE BENEFITS 8,490 - - 0% - General OFFICE EXPENSE & SUPPL 2,965 1,399 - 0% - General UTILITIES 40,264 17,384 41,000 42% 41,000 General TELEPHONE/INTERNET 51,379 21,161 41,000 52% 41,000 General RENT OF PROPERTY OR EQ 2,891 723 - 0% - General INSURANCE 164,441 10,875 141,000 8% 141,000 Total General 270,429 51,541 223,000 23% 223,000 Executive and Central Staff Exec SALARIES & WAGES 160,947 82,929 198,435 42% 198,435 Exec EMPLOYEE BENEFITS 26,713 12,327 31,291 39% 31,291 Exec SUBSCRIPTIONS & MEMBERSHI 14,097 66 8,500 1% 8,500 Exec PUBLIC NOTICES - - - 0% - Exec TRAVEL\FOOD 3,224 4,248 9,600 44% 9,600 Exec OFFICE EXPENSE & SUPPLIES 35 - - 0% - Exec BLDG/GRDS SUPPL & MAINT - - - 0% - Exec TELEPHONE - - - 0% - Exec MONTHLY FUEL - GASCARD 29 61 500 12% 500 Exec PROFESSIONAL/TECHNICAL SE 775 20,000 50,000 40%80,000 130,000 Exec EDUCATION 149 595 1,000 60% 1,000 Exec OTHER - - - 0% - Exec SPECIAL DEPARTMENTAL SUPP 359 44 2,400 2% 2,400 Total Executive and Central Staff 206,328 120,271 301,726 40% 381,726 Administrative Admin SALARIES & WAGES 391,026 174,142 434,311 40% 434,311 Admin EMPLOYEE BENEFITS 171,421 68,884 189,405 36% 189,405 Admin OVERTIME - - 2,500 0% 2,500 Admin UNEMPLOYMENT 11,606 747 - 0% - Admin SUBSCRIPTIONS & MEMBERSH 3,778 471 7,470 6% 7,470 Admin PUBLIC NOTICES 23,166 7,562 35,300 21% 35,300 Admin TRAVEL\FOOD 8,499 2,253 9,400 24% 9,400 Admin OFFICE EXPENSE & SUPPLIE 2,885 2,689 7,500 36% 7,500 Admin EQUIP/SUPPLIES & MAINTEN 181 - 1,500 0% 1,500 Admin TELEPHONE 2,828 714 2,500 29% 2,500 Admin PROFESSIONAL/TECH. SERVI 63,502 1,596 15,000 11% 15,000 Admin EDUCATION 2,943 2,519 2,500 101% 2,500 Admin OTHER 10,151 222 9,500 2% 9,500 Admin SPECIAL DEPARTMENTAL SUP 4,073 1,482 2,300 64% 2,300 Admin GRANT EXPENSES 205,617 - - 0% - Total Administrative 901,677 263,280 719,186 37% 719,186 Recorder Recorder SALARIES & WAGES 145,584 62,378 188,939 33% 188,939 Recorder EMPLOYEE BENEFITS 89,264 37,085 106,296 35% 106,296 Recorder OVERTIME - - 1,000 0% 1,000 Recorder UNEMPLOYMENT 256 - - 0% - Recorder SUBSCRIPTIONS/MEMBERS 1,656 180 2,990 6% 2,990 Recorder PUBLIC NOTICES 8,523 3,513 7,500 47% 7,500 Recorder TRAVEL\FOOD - - 3,400 0% 3,400 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Recorder OFFICE EXPENSE & SUPP 3,441 1,587 4,000 40% 4,000 Recorder TELEPHONE 689 190 540 35% 540 Recorder PROFESSIONAL & TECH. 18,431 13,857 25,200 55% 25,200 Recorder EDUCATION 700 - 2,600 0% 2,600 Recorder OTHER - - 100 0% 100 Recorder SPECIAL DEPARTMENTAL 1,037 - 1,700 0% 1,700 Recorder COPIER SUPPLIES 3,247 1,127 5,300 21% 5,300 Total Recorder 272,827 119,915 349,565 34% 349,565 Information Technology Info Tech OFFICE EXPENSE & SUP 701 236 1,500 16% 1,500 Info Tech PROF & TECH SERVICES 104,504 43,615 119,060 37% 119,060 Info Tech WEBSITE 5,861 58 10,266 1% 10,266 Info Tech GOOGLE FOR GOVERNMEN 23,096 35,177 21,600 163% 21,600 Info Tech SECURITY APPLIANCE 2,968 - 1,500 0% 1,500 Info Tech WIFI - ACCESS LICENS - - 1,500 0% 1,500 Info Tech ANTIVIRUS 5,750 2,625 5,700 46% 5,700 Info Tech DNS MONITORING 4,500 1,875 4,500 42% 4,500 Total Information Technology 147,380 83,585 165,626 50% 165,626 Elections Election PUBLIC NOTICES - 636 3,000 21% 3,000 Election PROFESSIONAL/TECH - P - - 7,000 0% 7,000 Election PROFESSIONAL/TECH - G - 144 7,000 2% 7,000 Election EDUCATION - INITIATIV - - 500 0% 500 Election PRINTING EXPENSES - 1,338 500 268% 500 Election ELECTION DINNERS - GE - 447 - 0% - Total Elections - 2,118 18,000 12% 18,000 Engineering Engineer SALARIES & WAGES 300,417 132,540 302,603 44% 302,603 Engineer BENEFITS 153,509 66,038 174,876 38% 174,876 Engineer OVERTIME 98 - 500 0% 500 Engineer UNEMPLOYMENT 653 - - 0% - Engineer SUBSCRIPTIONS & MEMBE 7,296 3,712 7,675 48% 7,675 Engineer TRAVEL - - 1,600 0% 1,600 Engineer OFFICE EXPENSE & SUPP 3,606 1,398 5,300 26% 5,300 Engineer EQUIP/SUPPLIES & MAIN 695 475 1,000 48% 1,000 Engineer TELEPHONE 406 - 1,025 0% 1,025 Engineer MONTHLY FUEL - GASCAR 11,387 722 1,500 48% 1,500 Engineer PROFESSIONAL & TECH. 33,166 715 20,000 4% 20,000 Engineer PLAN REVIEW SERVICES 9,857 - - 0% - Engineer EDUCATION 3,274 1,800 7,500 24% 7,500 Engineer OTHER 5 - 200 0% 200 Engineer SPECIAL DEPARTMENTAL 1,508 - 2,500 0% 2,500 Total Engineering 525,878 207,401 526,279 39% 526,279 Finance Finance SALARIES & WAGES 246,264 101,194 298,854 34% 298,854 Finance EMPLOYEE BENEFITS 139,805 60,299 204,984 29% 204,984 Finance OVERTIME - - 1,500 0% 1,500 Finance SUBSCRIPTIONS & MEMBER 3,322 1,072 4,360 25% 4,360 Finance TRAVEL - 736 5,500 13% 5,500 Finance OFFICE EXPENSE & SUPPL 12,827 4,089 11,525 35% 11,525 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Finance EQUIPMENT SUPPL. & MAI 1,855 - 3,776 0% 3,776 Finance TELEPHONE 972 299 2,500 12% 2,500 Finance PROFESSIONAL & TECH. S 11,833 5,676 10,750 53% 10,750 Finance EDUCATION 638 288 3,500 8% 3,500 Finance BANK HANDLING CHARGES 35,725 11,764 31,000 38% 31,000 Finance SPECIAL DEPARTMENTAL S 2,046 200 18,500 1% 18,500 Finance INSURANCE - - 1,950 0% 1,950 Total Finance 455,287 185,617 598,699 31% 598,699 Human Resources Human Resources SALARIES & WAG 167,752 69,639 166,655 42% 166,655 Human Resources EMPLOYEE BENEF 86,747 35,574 97,936 36% 97,936 Human Resources OVERTIME 720 - 2,000 0% 2,000 Human Resources SUBSCRIPTIONS 2,776 355 1,000 35% 1,000 Human Resources PUBLIC NOTICES 1,664 2,861 4,000 72% 4,000 Human Resources TRAVEL\FOOD - - 2,500 0% 2,500 HR OFFICE EXPENSE & SUPPLIES 521 - 4,000 0% 4,000 Human Resources EQUIP./SUPPLIE - - 12,900 0% 12,900 Human Resources TELEPHONE 452 339 1,200 28% 1,200 HR RENT OF PROPERTY OR EQUIPME - - 2,900 0% 2,900 Human Resources PROF & TECH. S 27,911 59,275 65,000 91%37,500 102,500 Human Resources EDUCATION 401 - 4,000 0% 4,000 Human Resources OTHER 38 20 1,000 2% 1,000 Human Resources SPECIAL DEPT S 3,076 - 3,050 0% 3,050 Human Resources COPIER SUPPLIE 3,385 992 1,500 66% 1,500 Total Human Resources 295,442 169,055 369,641 46% 407,141 Police Police SALARIES & WAGES 1,183,142 444,559 1,267,301 35% 1,267,301 Police MOVIE\SECURITY WAGES 7,173 (660) - 0% - Police EMPLOYEE BENEFITS 776,148 293,060 871,165 34% 871,165 Police OTHER BENEFITS- U/ALLOW 17,840 11,520 17,280 67% 17,280 Police OVERTIME 32,384 12,122 45,000 27% 45,000 Police UNEMPLOYMENT 847 - - 0% - Police SUBSCRIPTIONS & MEMBERS 26,748 335 28,935 1% 28,935 Police TRAVEL\FOOD 9,173 3,559 25,000 14% 25,000 Police OFFICE EXPENSE & SUPPLI 5,191 2,147 10,000 21% 10,000 Police EQUIPMENT-SUPPL. & MAIN 70,510 13,476 40,000 34% 40,000 Police BLDG/GRDS-SUPPL. & MAIN - 400 10,000 4% 10,000 Police TELEPHONE 14,487 4,877 22,416 22% 22,416 Police RENT OF PROPERTY OR EQU 7,415 1,408 8,484 17%75,000 83,484 Police MONTHLY FUEL - GASCARD 38,992 17,665 60,000 29% 60,000 Police PROFESSIONAL & TECH. SE 7,763 3,014 3,300 91%25,000 28,300 Police EDUCATION 7,422 1,831 20,000 9% 20,000 Police DISPATCH SERVICES 115,981 65,643 128,100 51% 128,100 Police SPECIAL DEPARTMENTAL SU 12,497 533 22,365 2% 22,365 Police VEST REPLACEMENT - - 8,000 0% 8,000 Police INITIAL UNIFORM GEAR 3,825 3,010 - 0% - Police SCHOOL EQUIP/ SUPPLIES - - - 0% - Police MACHINERY & EQUIPMENT 68,766 69,056 - 0% - Police JAG GRANT EXPENSES 2,621 3,689 - 0% - Total Police 2,408,924 951,243 2,587,346 37% 2,687,346 Victims's Advocate FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Victims's Advocate SALARIES & 57,152 23,760 81,362 29% 81,362 Victims's Advocate EMPLOYEE BE 23,717 10,396 28,591 36% 28,591 Victims's Advocate OVERTIME - - - 0% - Victims's Adv SUBSCRIPTIONS/ME - 38 800 5% 800 Victims's Advocate TRAVEL - - 1,000 0% 1,000 Victims's Advocate OFFICE SUPP 4,499 2,608 2,000 130% 2,000 Victims's Advocate EQUIP/SUPPL - 598 - 0% - Victims's Advocate TELEPHONE 675 171 600 28% 600 Victims Advocate MONTHLY FUEL 792 450 1,000 45% 1,000 Victims's Advocate EDUCATION - - 2,000 0% 2,000 Victims's Advocate OTHER 2,731 469 3,500 13% 3,500 Victims's Advocate MACHINERY &- - - 0% - Total Victims's Advocate 89,566 38,489 120,853 32% 120,853 Beer Tax Funds Eligible Expenses Beer Tax EQUIPMENT 19,176 - 28,178 0% 28,178 Total Beer Tax Funds Eligible Expenses 19,176 - 28,178 0% 28,178 Animal control Animal Ctl SALARIES & WAGES 173,539 73,281 188,987 39% 188,987 Animal Ctl EMPLOYEE BENEFITS 103,530 41,459 112,948 37% 112,948 Animal Ctl OTHER BENEFIT - U/A 25 3,360 4,089 82% 4,089 Animal Ctl OVERTIME 9,082 5,221 6,000 87% 6,000 Animal Ctl SUBSCRIPTIONS & MEM - - 735 0% 735 Animal Ctl TRAVEL\FOOD 110 - 4,000 0% 4,000 Animal Ctl OFFICE EXPENSE & SU (18) - - 0% - Animal Ctl EQUIP-SUPPL.&MAINT 2,123 1,917 10,000 19% 10,000 Animal Ctl UTILITIES 8,425 2,225 12,000 19% 12,000 Animal Ctl TELEPHONE 4,416 1,422 4,092 35% 4,092 Animal Ctl MONTHLY FUEL - GASC 4,421 2,500 6,290 40% 6,290 Animal Ctl PROFESSIONAL & TECH - 562 1,000 56% 1,000 Animal Ctl EDUCATION 705 - 2,000 0% 2,000 Animal Ctl OTHER - - - 0% - Animal Ctl SPECIAL DEPARTMENTA 594 92 6,000 2% 6,000 Animal Ctl GRANT EXPENSES 8,356 2,250 - 0% - Animal Ctl MACHINERY & EQUIPME - - 4,735 0% 4,735 Total Animal control 315,308 134,289 362,876 37% 362,876 Streets Streets SALARIES & WAGES 237,782 96,403 252,872 38% 252,872 Streets EMPLOYEE BENEFITS 179,657 67,929 215,100 32% 215,100 Streets OVERTIME 433 - 2,000 0% 2,000 Streets UNEMPLOYMENT 10,321 - 2,000 0% 2,000 Streets SUBSCRIPTIONS & MEMBER 582 185 1,000 19% 1,000 Streets TRAVEL 497 - 2,500 0% 2,500 Streets OFFICE EXPENSE & SUPPL - - 500 0% 500 Streets EQUIPMENT-SUPPL. & MAI 570 1,210 2,500 48% 2,500 Streets BLDG/GRDS-SUPPL. & MAI 643 - 1,100 0% 1,100 Streets UTILITIES 15,912 4,896 20,000 24% 20,000 Streets TELEPHONE 670 101 2,640 4% 2,640 Streets RENT OF PROPERTY OR EQ - - 600 0% 600 Streets PROFESSIONAL & TECH. S 9,771 2,440 7,500 33%25,000 32,500 Streets EDUCATION - - 5,500 0% 5,500 Streets OTHER 37 - 500 0% 500 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Streets STREET LIGHTS 81,053 30,868 100,000 31% 100,000 Streets SPECIAL DEPARTMENTAL S 1,312 108 6,000 2% 6,000 Total Streets 539,240 204,139 622,312 33% 647,312 Facilities Facilities SALARIES & WAGES 253,575 120,375 268,440 45% 268,440 Facilities EMPLOYEE BENEFITS 146,092 79,269 198,680 40% 198,680 Facilities OVERTIME - 215 500 43% 500 Facilities UNEMPLOYMENT (2,331) - - 0% - Facilities SUBSCRIPTIONS & MEM - - 300 0% 300 Facilities TRAVEL - 263 900 29% 900 Facilities OFFICE EXPENSE & SU 61 - 300 0% 300 Facilities EQUIP SUPPLIES & MA 515 57 5,300 1% 5,300 Facilities BLDG/GRDS-SUPPL & M 13,921 5,652 28,900 20% 28,900 Facilities - CITY CENTER 5,321 186 - 0% - Facilities - MARC 922 149 - 0% - Facilities - CENTER STREET GYM 409 14 - 0% - Facilities UTILITIES 6,448 2,014 5,184 39% 5,184 Facilities TELEPHONE 2,474 892 3,300 27% 3,300 Facilities RENT OF PROPERTY OR - - 800 0% 800 Facilities MONTHLY FUEL 3,482 1,349 3,000 45% 3,000 Facilities PROFESSIONAL & TECH 15,007 10,546 19,300 55% 19,300 Facilities EDUCATION 40 70 800 9% 800 Facilities OTHER 35 - - 0% - Facilities SPECIAL DEPARTMENTA 484 23 5,800 0% 5,800 Total Facilities 446,455 221,074 541,504 41% 541,504 Safety Safety SALARIES & WAGES 9,960 4,609 52,517 9% 52,517 Safety BENEFITS 6,154 2,574 44,705 6% 44,705 Safety OVERTIME - - - 0% - Safety SUBSCRIPTIONS & MEMBERS 543 30 500 6% 500 Safety TRAVEL 585 - 1,500 0% 1,500 Safety EQUIP/SUPPLIES & MAINTE 3,217 - 3,500 0% 3,500 Safety TELEPHONE - - 750 0% 750 Safety MONTHLY FUEL - - 1,000 0% 1,000 Safety PROFESSIONAL & TECH. SE 5,271 2,177 13,000 17% 13,000 Safety EDUCATION - 6,790 11,000 62% 11,000 Safety OTHER 724 1,868 4,000 47% 4,000 Safety SPECIAL DEPARTMENTAL SU 37,279 6,447 19,640 33% 19,640 Safety SAFETY EQUIPMENT 8,977 431 33,000 1% 33,000 Total Safety 72,711 24,926 185,112 13% 185,112 Vehicle Maintenance Vehicle Maintenance SALARIES &51,784 31,173 71,073 44% 71,073 Vehicle Maintenance - EMPLOYEE 32,562 18,681 50,832 37% 50,832 Vehicle Maintenance OVERTIME - - - 0% - Vehicle Maintenance SUB & MEMB 2,215 2,195 2,300 95% 2,300 Vehicle Maintenance TRAVEL - - 2,000 0% 2,000 Vehicle Maintenance EQUIP/SUPP 6,739 2,900 45,000 6% 45,000 Vehicle Maintenance EQUIP MAIN 9,893 585 - 0% - Veh Maint EQUIP MAINT STREETS 9,258 5,304 - 0% - Vehicle Maint EQUIP MAINT - FA 1,824 - - 0% - Fleet BLDG/GRDS-SUPPL & MAINT 35 39 3,000 1% 3,000 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Vehicle Maintenance TELEPHONE 630 188 750 25% 750 Vehicle Maintenance RENT OF EQ - - 500 0% 500 Vehicle Maintenance MONTHLY FU 1,217 628 2,000 31% 2,000 Vehicle Maintenance PROF & TEC 1,208 113 4,000 3% 4,000 Vehicle Maintenance EDUCATION - - 1,000 0% 1,000 Vehicle Maintenance OTHER 189 12 500 2% 500 Veh Maint SPECIAL DEPT SUPPLIE 1,940 1,358 11,000 12% 11,000 Total Vehicle Maintenance 119,494 63,175 193,955 33% 193,955 Sanitation Sanitation PROFESSIONAL & TECH 1,207,443 323,450 1,200,000 27% 1,200,000 Sanitation PROF&TECH RECYCLE 95,294 16,314 100,000 16% 100,000 Total Sanitation 1,302,737 339,764 1,300,000 26% 1,300,000 PW Admin PW Admin SALARIES & WAGES 160,456 76,016 116,357 65% 116,357 PW Admin EMPLOYEE BENEFITS 77,367 35,026 51,187 68% 51,187 PW Admin OVERTIME - - - 0% - PW Admin SUBSCRIPTIONS & MEMBE 528 305 700 44% 700 PW Admin TRAVEL - - 1,100 0% 1,100 PW Admin OFFICE EXPENSE & SUPP 3,401 1,230 6,400 19% 6,400 PW Admin UTILITIES 14,112 4,824 18,500 26% 18,500 PW Admin TELEPHONE 1,219 443 1,820 24% 1,820 PW Admin RENT OF PROPERTY OR E 3,165 1,000 3,200 31% 3,200 PW Admin MONTHLY FUEL - GASCAR - - 1,000 0% 1,000 PW Admin PROFESSIONAL & TECH. 155 - 1,000 0% 1,000 PW Admin EDUCATION 95 - 1,000 0% 1,000 PW Admin OTHER 20 - 1,000 0% 1,000 PW Admin SPECIAL DEPARTMENTAL 3,501 571 - 0% - Total PW Admin 264,020 119,416 203,264 59% 203,264 Parks O&M Parks O&M SALARIES & WAGES 339,122 142,381 353,335 40% 353,335 Parks O&M EMPLOYEE BENEFITS 191,462 76,547 222,008 34% 222,008 Parks O&M OVERTIME 2,686 - 5,000 0% 5,000 Parks O&M UNEMPLOYMENT (2,024) - - 0% - Parks O&M SUBSCRIPTIONS & MEMB 590 38 1,020 4% 1,020 Parks O&M TRAVEL 3,279 1,503 1,900 79% 1,900 Parks O&M OFFICE EXPENSE & SUP - 45 - 0% - Parks O&M EQUIPMENT-SUPPL. & M 207 1,563 3,000 52% 3,000 Parks O&M BLDG/GRDS-SUPPL. & M 24,220 12,448 21,750 57% 21,750 Parks O&M UTILITIES 66,316 23,452 88,700 26% 88,700 Park O&M Garbage and Recycling 17,078 6,025 - 0% - Parks O&M TELEPHONE 5,001 1,353 10,735 13% 10,735 Parks O&M RENTALS - 25 750 3% 750 Parks O&M MONTHLY FUEL - GASCA 14,943 5,499 20,000 27% 20,000 Parks O&M PROFESSIONAL & TECH.2,274 408 3,750 11%25,000 28,750 Parks O&M EDUCATION 420 430 1,250 34% 1,250 Parks O&M OTHER - - 750 0% 750 Parks O&M SPECIAL DEPARTMENTAL 4,873 2,095 19,200 11% 19,200 Parks O&M PARK IMPROVEMENTS 221 - 5,250 0% 5,250 Total Parks O&M 670,667 273,809 758,398 36% 783,398 Inspections FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Inspection SALARIES & WAGES 81,667 32,976 80,549 41% 80,549 Inspection BENEFITS 54,579 21,657 57,120 38% 57,120 Inspection OVERTIME 12,079 3,991 13,000 31% 13,000 Inspection SUBSCRIPTIONS & MEM 809 130 1,000 13% 1,000 Inspection TRAVEL - - 1,500 0% 1,500 Inspection OFFICE EXPENSE & SU 127 - 1,000 0% 1,000 Inspection TELEPHONE 994 330 1,100 30% 1,100 Inspection MONTHLY FUEL 494 275 750 37% 750 Inspection PROFESSIONAL & TECH 30,084 13,016 20,000 65% 20,000 Inspection EDUCATION 264 112 1,000 11% 1,000 Inspection SPECIAL DEPARTMENTA 850 444 1,500 30% 1,500 Total Inspections 181,946 72,930 178,519 41% 178,519 Planning Planning SALARIES & WAGES 294,675 129,514 328,265 39%100,000 428,265 Planning EMPLOYEE BENEFITS 147,387 61,320 194,051 32% 194,051 Planning OVERTIME - - 2,500 0% 2,500 Planning UNEMPLOYMENT 466 - - 0% - Planning SUBSCRIPTIONS & MEMBE 6,206 3,491 5,400 65% 5,400 Planning TRAVEL - 290 8,500 3% 8,500 Planning OFFICE EXPENSE & SUPP 3,179 1,253 11,768 11% 11,768 Planning TELEPHONE 1,617 714 480 149% 480 Planning RENTAL 3,159 1,316 - 0% - Planning MONTHLY FUEL - GASCAR - - - 0% - Planning PROFESSIONAL & TECH. 10,781 - 100,000 0%(60,000) 40,000 Planning EDUCATION - 60 8,000 1% 8,000 Planning OTHER 112 - 400 0% 400 Planning ABATEMENT 4,920 - - 0% - Planning SPECIAL DEPARTMENTAL 3,605 - 1,102 0% 1,102 Total Planning 476,107 197,959 660,466 30% 700,466 Film Commission Film Comm SALARIES & WAGES 66,852 28,004 34,528 81% 34,528 Film Comm EMPLOYEE BENEFITS 27,860 11,590 14,770 78% 14,770 Film Comm OVERTIME 610 - 1,250 0% 1,250 Film Comm UNEMPLOYMENT (235) - - 0% - Film Comm SUBSCRIPTIONS & MEM 7,052 2,532 3,000 84% 3,000 Film Comm ADVERTISING 60 4,626 6,250 74% 6,250 Film Comm MARKETING 249 47 - 0% - Film Comm PROMO MATERIALS 1,977 - - 0% - Film Comm TRAVEL - 2,475 7,000 35% 7,000 Film Comm OFFICE EXPENSE & SU 195 82 500 16% 500 Film Comm EQUIP./SUPPLIES & M - 33 250 13% 250 Film Comm TELEPHONE 574 190 325 58% 325 Film Comm MONTHLY FUEL - GASC 446 135 300 45% 300 Film Comm PROFESSIONAL & TECH - 550 750 73% 750 Film Comm EDUCATION - - 500 0% 500 Film Comm OTHER 168 69 500 14% 500 Film Comm SPECIAL DEPARTMENTA 1,778 56 1,000 6% 1,000 Film Comm MACHINERY & EQUIPME - - 500 0% 500 Film Comm SPECIAL PROJECTS 3,169 5,550 4,350 128% 4,350 Total Film Commission 110,755 55,938 75,773 74% 75,773 Community Contributions FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Com Contrib - COMMUNITY ORGANI - - 55,000 0% 55,000 Com Contrib - MOAB INFORMATION - 10,000 10,000 100% 10,000 Com Contrib - ARTS PROMOTION - - 7,000 0% 7,000 Com Contrib - SHELTER SERVICES 10,000 - 10,000 0% 10,000 Com Contrib - STUDENT OF MONTH 193 - - 0% - Com Contrib - GRAND COUNTY/4TH 19,332 - 23,200 0% 23,200 Total Community Contributions 29,525 10,000 105,200 10% 105,200 Sustainability Sustainability SALARIES & WAGE 14,572 31,874 83,700 38%3,500 87,200 Sustainability EMPLOYEE BENEFI 4,745 11,666 22,721 51% 22,721 Sustainability UNEMPLOYMENT 12,042 633 - 0% - Sustainability SUBSCRIPTIONS 1,741 4,138 - 0%6,760 6,760 Sustainability TRAVEL\FOOD - - 1,000 0%500 1,500 Sustainability OFFICE EXPENSE - 55 1,500 4% 1,500 Sustainability TELEPHONE 157 130 - 0% - Sustain PROF/TECH. SERVICE 29,167 - - 0% - Sustainability EDUCATION - - 1,000 0%1,100 2,100 Sustainability PROJECTS - 4,717 6,500 73%1,000 7,500 Sustainability GRANT EXPENSES - - - 0%30,000 30,000 Total Sustainability 62,423 53,211 116,421 46% 159,281 Transfers and contributions out TRANSFER TO DEBT SERVICE FUND 109,714 31,754 95,261 33% 95,261 TRANSFER TO CAPITAL PROJ. FUND 158,623 184,228 552,683 33%300,000 852,683 TRANSFER TO TRAILS FUND 220,000 10,000 30,000 33% 30,000 TRANSFER - RECREATION FUND 1,994,014 238,472 715,416 33% 715,416 TRANSFER TO GF ASSIGNED/RESTRI - - 319,541 0% 319,541 TRANSFER TO CAPITAL PROJECTS 524,676 - - 0% - TRANSFER TO COMM DEV FUND 78,605 - - 0% - TRANSFER TO TRANSIT AND PARKING - - 37,500 0% 37,500 TRANSFER TO FUND BALANCE - - - 0% - Total Transfers and contributions out 3,085,632 464,453 1,750,401 27% 2,050,401 Total Expenditures: 13,556,201 4,546,239 13,351,417 34% 14,001,777 Total Change In Net Position 1,934,403 3,326,580 - 0% 731,750 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 21 Class C Road Fund Change In Net Position Revenue: Taxes Class C TRANSPORTATION TAX 235,498 133,109 210,795 63% 210,795 Total Taxes 235,498 133,109 210,795 63% 210,795 Intergovernmental revenue Class C CLASS C ROAD FUND 243,747 136,246 250,000 54% 250,000 Total Intergovernmental revenue 243,747 136,246 250,000 54% 250,000 Interest Class C INTEREST INCOME - - 5,000 0% 5,000 Total Interest - - 5,000 0% 5,000 Contributions and transfers Class C TRANS. FROM EQUITY-B.O - - 486,634 0%7,200 493,834 Total Contributions and transfers - - 486,634 0% 493,834 Total Revenue: 479,245 269,354 952,429 28% 959,629 Expenditures: Public Works Streets Class C BLDG/GRDS SUPPLIES & M 74 - - 0% - Class C FUEL 12,817 5,610 19,500 29% 19,500 Class C SPECIAL DEPARTMENTAL S 14,449 1,291 27,000 5% 27,000 Class C ROADBASE - PATCHING 13,464 1,794 10,000 18% 10,000 Class C ASPHALT - 2,507 7,500 33% 7,500 Class C OVERLAY - - 400,000 0% 400,000 Class C CRACK SEALING - - 5,000 0% 5,000 Class C - SPECIAL PROJECTS 54,910 67,649 298,429 23%7,200 305,629 Class C Sidewalk/Ped Ramp Rep 841 - - 0% - Class C MACHINERY & EQUIPMENT 18,745 - 185,000 0% 185,000 TRANSFER TO FUND BALANCE - - - 0% - Total Streets 115,302 78,851 952,429 8% 959,629 Total Expenditures: 115,302 78,851 952,429 8% 959,629 Total Change In Net Position 363,943 190,503 - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 23 Recreation Fund Change In Net Position Revenue: Intergovernmental revenue GRAND COUNTY - RSSD 50,000 (50,000) 100,000 -50% 100,000 SCHOOL DISTRICT 15,000 - 15,000 0% 15,000 Total Intergovernmental revenue 65,000 (50,000) 115,000 -43% 115,000 Charges for services CASH OVER/SHORT 7 0 - 0% - SUMMER CAMP - - 4,800 0% 4,800 ADULT SOCCER - - 2,100 0% 2,100 VOLLEYBALL - ADULT COED - - 1,900 0% 1,900 VOLLEYBALL - YOUTH SPRING 2,637 - 3,675 0% 3,675 ADULT COED SOFTBALL - 203 3,400 6% 3,400 YOUTH/BASEBALL/SOFTBALL 11,852 80 20,332 0% 20,332 YOUTH FOOTBALL - 1,142 3,040 38% 3,040 SPRING YOUTH SOCCER 5,870 - 8,865 0% 8,865 FALL YOUTH SOCCER 2,300 5,090 4,890 104% 4,890 SOCCER CAMPS - - 250 0% 250 FOOT RACES 15 1,505 2,950 51% 2,950 INDOOR SOCCER - YOUTH - 333 2,450 14% 2,450 ADULT BASKETBALL - - 800 0% 800 JR JAZZ BASKETBALL - 4,690 5,400 87% 5,400 FLAG FOOTBALL 2,028 823 1,405 59% 1,405 FLAG FOOTBALL - ADULT - - - 0% - YOUTH VOLLEYBALL 1,059 1,390 1,960 71% 1,960 YOUTH SPONSOR/BASEBALL 3,500 250 12,800 2% 12,800 ULTIMATE FRISBEE - - 625 0% 625 Total Charges for services 29,267 15,507 81,642 19% 81,642 MRAC MRAC -PREPAID SERVICES 709 755 - 0% - MRAC - FITNESS ADMISSIONS 6,415 3,755 10,000 38% 10,000 MRAC - FITNESS MEMBERSHIPS 18,591 9,452 43,500 22% 43,500 MRAC - CITY EMPLOYEES - - 500 0% 500 MRAC - SILVER SNEAKERS MEMBERS 2,909 3,229 10,000 32% 10,000 MRAC - SWIM TEAM 3 420 - 0% - MRAC - SHOWERS 44,814 22,393 98,500 23% 98,500 MRAC - CASH OVER/SHORT 8 101 - 0% - MRAC - ADMISSIONS/AQUATIC 87,260 36,265 150,000 24% 150,000 MRAC - ADMISSIONS/AQUAT & FITN 3,954 281 12,000 2% 12,000 MRAC - RETAIL 12,846 5,380 12,000 45% 12,000 MRAC - CONCESSIONS 9,394 7,869 - 0% - MRAC - PROGRAM FEES/ AQUATIC 14,036 3,036 27,500 11% 27,500 MRAC - PROGRAM FEES/FITNESS 2,258 3,072 6,000 51% 6,000 MRAC - CHILD CARE FEES 5 - 1,000 0% 1,000 MRAC - MEMBERSHIPS/AQUATIC 30,987 9,312 32,000 29% 32,000 MRAC - MEMBERSHIPS/AQUAT & FIT 46,569 24,092 85,000 28% 85,000 MRAC - RENTAL FEES 3,863 1,000 8,500 12% 8,500 Total MRAC 284,620 130,412 496,500 26% 496,500 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Moab arts & recreation PROGRAM FEES 2,115 307 11,400 3% 11,400 GRANTS AND DONATIONS 92,853 15,350 18,500 83% 18,500 RENTAL FEES 37,741 16,961 45,000 38% 45,000 SPECIAL EVENTS FEES 4,033 7,915 7,900 100% 7,900 SPECIAL EVENTS FEES - RED ROCK (1,365) (13,139) 33,500 -39% 33,500 MARC - Retail/Concession - 2,995 - 0% - Total Moab arts & recreation 135,377 27,394 116,300 24% 116,300 Miscellaneous revenue CENTER STREET GYM RENTALS 6,935 1,425 - 0% - BALL FIELD RENTALS 475 - - 0% - OTHER INCOME 500 - - 0% - Total Miscellaneous revenue 7,910 1,425 - 0% - Contributions and transfers CITY OF MOAB 1,994,014 238,472 715,416 33% 715,416 Total Contributions and transfers 1,994,014 238,472 715,416 33% 715,416 Total Revenue: 2,516,188 363,210 1,524,858 24% 1,524,858 Expenditures: Parks, recreation, and public property Recreation Recreation SALARIES - DIRECTO 128,072 50,164 158,489 32% 158,489 Recreation EMPLOYEE BENEFITS 70,417 32,277 81,101 40% 81,101 Recreation OVERTIME 465 - 1,500 0% 1,500 Recreation UNEMPLOYMENT (191) - - 0% - Recreation SUBSCRIPTIONS & MEM 3,605 - 2,000 0% 2,000 Recreation ADVERTISING 1,722 3,301 3,000 110% 3,000 Recreation TRAVEL - 1,714 - 0% - Recreation OFFICE EXPENSE & SU 969 76 2,000 4% 2,000 Recreation - EQUIP SUPPLIES & 991 110 1,000 11% 1,000 Recreation - UTILITIES 196 260 - 0% - Recreation TELEPHONE 1,277 312 2,400 13% 2,400 Recreation MONTHLY FUEL - GASC - - 350 0% 350 Recreation PROFESSIONAL & TECH 2,489 2,587 3,500 74% 3,500 Recreation EDUCATION 315 850 2,350 36% 2,350 Recreation OTHER 97 - 200 0% 200 Recreation DIRECTOR - TRAVEL - - - 0% - Recreation SPECIAL DEPARTMENTA 301 - 6,500 0% 6,500 Recreation EASTER EGG HUNT 1,146 20 2,500 1% 2,500 Recreation TURKEY TROT 1,432 1,081 - 0% - Recreation TRANSFER TO FUND BA - - - 0% - Total Recreation 213,303 92,752 266,890 35% 266,890 Swimming Pool MRAC MAINTENANCE SALARIES 40,538 7,927 43,265 18% 43,265 MRAC LIFEGUARD SALARIES 102,886 69,354 243,556 28% 243,556 MRAC SALARIES & WAGES 196,939 127,634 238,422 54% 238,422 MRAC AQUATIC PROGRAM SALARIES - - 29,013 0% 29,013 MRAC FITNESS PROGRAM SALARIES 6,295 6,010 18,324 33% 18,324 MRAC EMPLOYEE BENEFITS 104,077 51,430 116,582 44% 116,582 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget MRAC OVERTIME 648 1,651 500 330% 500 MRAC UNEMPLOYMENT 20,801 (1) - 0% - MRAC SUBSCRIPTIONS & MEMBERSHI 324 - - 0% - MRAC ADVERTISING 3,153 20 7,000 0% 7,000 MRAC TRAVEL - 265 - 0% - MRAC OFFICE EXPENSE & SUPPLIES 4,067 1,418 4,000 35% 4,000 MRAC EQUIPMENT-SUPPL. & MAINTE 6,263 3,167 12,000 26% 12,000 MRAC BLDG/GRDS-SUPPL. & MAINTE 19,773 9,231 22,000 42% 22,000 MRAC UTILITIES 100,217 39,087 92,276 42% 92,276 MRAC TELEPHONE 7,136 2,752 5,106 54% 5,106 MRAC RENT OF PROPERTY OR EQUIP - - - 0% - MRAC PROFESSIONAL & TECH. SERV 2,310 4,739 8,100 59%15,000 23,100 MRAC EDUCATION 1,614 850 3,000 28% 3,000 MRAC INSTRUCTIONAL MATERIALS/S 302 - 1,500 0% 1,500 MRAC OTHER 114 9 900 1% 900 MRAC SPECIAL DEPARTMENTAL SUPP 49,671 10,903 30,000 36% 30,000 MRAC CONCESSIONS 5,438 3,183 - 0% - MRAC SUNDRY EXPENSES-MISCELLAN 10,954 1,588 4,500 35% 4,500 MRAC AQUATIC PROGRAMS - - 1,800 0% 1,800 MRAC SPECIAL EVENTS 93 196 - 0% - Total Swimming Pool 683,521 341,217 881,844 39% 896,844 Soccer Soccer YOUTH SOCCER 3,634 - 4,020 0% 4,020 Soccer FALL SOCCER 1,058 1,073 1,200 89% 1,200 Soccer ADULT SOCCER - - 700 0% 700 Soccer INDOOR - YOUTH SOCCER - - 1,095 0% 1,095 Soccer WAGES SOCCER - - 1,600 0% 1,600 Soccer SOCCER REFEREE - WAGES - - 255 0% 255 Total Soccer 4,691 1,073 8,870 12% 8,870 SUMMER CAMP Summer Camp WAGES 2,064 5,991 - 0% - Summer Camp BENEFITS 189 557 - 0% - Total Youth Volleyball 2,253 6,548 - 0% - Adult Softball COED SOFTBALL - - 1,100 0% 1,100 Total Adult Softball - - 1,100 0% 1,100 Adult Volleyball CO-ED VOLLEYBALL 339 - 400 0% 400 Total Adult Volleyball 339 - 400 0% 400 Basketball ADULT BASKETBALL - - 400 0% 400 JR JAZZ BASKETBALL - 723 2,200 33% 2,200 JR. JAZZ REFEREE SERVICES - - 3,040 0% 3,040 MS BASKETBALL REFEREES - - - 0% - REFEREE SALARIES & WAGES - 289 - 0% - Basketball EMPLOYEE BENEFITS - 28 407 7% 407 Total Basketball - 1,040 6,047 17% 6,047 Youth Volleyball FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget YOUTH VOLLEYBALL 990 174 1,065 16% 1,065 YOUTH SPRING VOLLEYBALL 1,445 - 2,300 0% 2,300 Total Youth Volleyball 2,436 174 3,365 5% 3,365 Youth Baseball/Softball Youth BB/SB WAGES- MAINTENANCE 6,869 2,181 3,000 73% 3,000 Youth BB/SB WAGES- UMP&SCORE 2,137 1,493 5,880 25% 5,880 Youth BB/SB EMPLOYEE BENEFITS 833 359 901 40% 901 Youth BB/SB STATE TOURN. EXP - - 2,000 0% 2,000 Youth BB/SB EQUIPMENT-SUPPLIES 1,616 - 350 0% 350 Youth BB/SB BASEBALL FIELD MAI 256 948 1,300 73% 1,300 FIELD MAINTENANCE EQUIPMENT 146 - - 0% - YOUTH BASEBALL/SOFTBALL 16,699 2,300 15,850 15% 15,850 UTAH GIRLS SOFTBALL ASSOC - - 400 0% 400 UTAH BOYS BASEBALL ASSOCIATION - - 400 0% 400 PICKLEBALL 155 (10) 200 -5% 200 Total Youth Baseball/Softball 28,712 7,271 30,281 24% 30,281 Youth Football Youth Football BENEFITS - - 83 0% 83 YOUTH FOOTBALL 2,901 8,741 6,170 142% 6,170 FLAG FOOTBALL 993 1,557 1,600 97% 1,600 FLAG FOOTBALL - ADULT - - 100 0% 100 YOUTH FOOTBALL REFEREES - - 920 0% 920 Total Youth Football 3,894 10,298 8,873 116% 8,873 Special Projects SPECIAL PROJECTS/EQUIPMENT - - - 0% - Total Special Projects - - - 0% - Moab Arts & Recreation Center MARC SALARIES & WAGES 136,305 67,478 156,312 43% 156,312 MARC EMPLOYEE BENEFITS 81,393 31,571 87,565 36% 87,565 MARC SALARIES & WAGES - INSTRU 807 2,100 5,000 42% 5,000 MARC SALARIES & WAGES OT 1,439 320 2,000 16% 2,000 MARC UNEMPLOYMENT (718) - - 0% - MARC SUBSCRIPTIONS & MEMBERSHI 1,243 227 1,966 12% 1,966 MARC ADVERTISING/MARKETING 1,508 39 3,000 1% 3,000 MARC TRAVEL - 25 250 10% 250 MARC OFFICE EXPENSE & SUPPLIES 2,580 1,257 3,900 32% 3,900 MARC EQUIP/SUPPLIES & MAINTENA 1,232 61 2,000 3% 2,000 MARC BLDG GROUNDS SUPPL & MAIN 622 - - 0% - MARC UTILITIES 4,528 2,881 7,500 38% 7,500 MARC TELEPHONE 3,535 1,149 5,395 21% 5,395 MARC PROFESSIONAL/TECHNICAL SE - - 1,000 0% 1,000 MARC EDUCATION - - - 0% - MARC OTHER 58 (635) 100 -635% 100 ONLINE PAYMENT PROCESSING FEES 574 - - 0% - MARC SPECIAL DEPARTMENTAL SUPP 3,045 - 6,000 0% 6,000 MARC MACHINERY & EQUIPMENT - - - 0% - MARC SPECIAL EVENTS 17,976 5,711 35,000 16% 35,000 MARC- RED ROCK ARTS FEST 3,335 1,869 - 0% - MARC SPECIAL PROJECTS 4,980 7,122 200 3561% 200 Total Moab Arts & Recreation Center 264,443 121,174 317,188 38% 317,188 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Total Expenditures: 1,201,338 574,999 1,524,858 38% 1,539,858 Total Change In Net Position 1,314,850 (211,789) - 0% (15,000) FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 24 Community Development Change In Net Position Revenue: Contributions and transfers CONTRIBUTION FROM GENERAL FUND 78,605 - - 0% - CDGB 74,000 - - 0% - Total Contributions and transfers 152,605 - - 0% - Total Revenue: 152,605 - - 0% - Expenditures: Community Development Community development CDBG PROJECT 98,951 - - 0% - Total Community development Total Expenditures: - - - 0% - Total Change In Net Position 152,605 - - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 28 Trails Fund Change In Net Position Revenue: Contributions and transfers CONTRIBUTION FROM GENERAL FUND 220,000 10,000 30,000 33% 30,000 Total Contributions and transfers 220,000 10,000 30,000 33% 30,000 Total Revenue: 220,000 10,000 30,000 33% 30,000 Expenditures: Millcreek Projects Millcreek PROFESSIONAL/TECHNICAL - - 30,000 0% 30,000 TRAILS - - - 0% - INCREASE IN FUND BALANCE - - - 0% - Total Millcreek - - 30,000 0% 30,000 Total Expenditures: - - 30,000 0% 30,000 Total Change In Net Position 220,000 10,000 - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 30 Housing Fund Change In Net Position Revenue: Charges for services Rent/Lease Income 116,877 36,565 98,000 37% 98,000 Total Charges for services 116,877 36,565 98,000 37% 98,000 Interest INTEREST INCOME 13,531 9,142 20,000 46% 20,000 Total Interest 13,531 9,142 20,000 46% 20,000 Miscellaneous revenue Proceeds from Long Term Debt 6,455,000 - - 0% - Transfer from Housing Fund Beg - - 6,989,909 0% 6,989,909 Transfer From General Fund - - - 0% - Total Miscellaneous revenue 6,455,000 - 6,989,909 0% 6,989,909 Total Revenue: 6,585,408 45,707 7,107,909 1% 7,107,909 Expenditures: General government Administrative Salaries and Wages 27,689 229 44,815 1% 44,815 Benefits 16,734 9 44,884 0% 44,884 OVERTIME - - 5,000 0% 5,000 Development Costs 145,874 914 6,400,000 0% 6,400,000 Operation & Maintenance Costs 35,363 20,840 35,000 60% 35,000 O&M UTILITIES 44,731 12,570 40,000 31% 40,000 Transfer to Debt Service Fund 133,608 - 538,210 0% 538,210 Total Administrative 403,999 34,564 7,107,909 0% 7,107,909 Total Expenditures: 403,999 34,564 7,107,909 0% 7,107,909 Total Change In Net Position 6,181,409 11,143 - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 31 Debt Service Fund Change In Net Position Revenue: Intergovernmental revenue Contribution from GC Rec Distr 50,000 - 190,000 0% 190,000 Contribution from Grand County 8,819 - 23,367 0% 23,367 Total Intergovernmental revenue 58,819 - 213,367 0% 213,367 Charges for services Lease Revenue 59,042 - 40,231 0% 40,231 Total Charges for services 59,042 - 40,231 0% 40,231 Contributions and transfers Transfer from general fund 109,714 31,754 95,261 33% 95,261 Transfer from housing fund 133,608 - 538,210 0% 538,210 Total Contributions and transfers 243,322 31,754 633,471 5% 633,471 Total Revenue: 361,183 31,754 887,069 4% 887,069 Expenditures: Community Development Community development 2018 CIB Bond - Principal 29,000 30,000 30,000 100% 30,000 2018 CIB Bond - Interest 17,475 16,750 16,734 100% 16,734 2019 Walnut Lane Lease - Princ 62,000 65,000 65,000 100% 65,000 2019 Walnut Lane Lease - Inter 71,608 68,967 63,967 108% 63,967 2021 WALNUT LANE BOND PRINCIPA - - 262,000 0% 262,000 2021 WALNUT LANE BOND INTEREST - 72,193 147,243 49% 147,243 Total Community development 180,083 252,910 584,944 43% 584,944 Municipal Building Authority Municipal Building 2003 Sales Tax Rev - Principal 87,000 89,000 89,000 100% 89,000 2003 Sales Tax Rev - Interest 24,300 22,125 22,125 100% 22,125 2009 Sales Tax Rev - Principal 191,000 191,000 191,000 100% 191,000 Total Municipal Building 302,300 302,125 302,125 100% 302,125 Total Expenditures: 482,383 555,035 887,069 63% 887,069 Total Change In Net Position (121,199) (523,281) - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 41 Capital Projects Fund Change In Net Position Revenue: Interest INTEREST INCOME 2,378 362 2,000 18% 2,000 Total Interest 2,378 362 2,000 18% 2,000 Miscellaneous revenue GRANT PROCEEDS - 50,000 170,000 29%247,500 417,500 DONATIONS 330 75 - 0% - Total Miscellaneous revenue 330 50,075 170,000 29% 417,500 Contributions and transfers TRANSFER FROM GENERAL FUND 683,299 184,228 552,683 33%300,000 852,683 CAPITAL PROJECTS FUND BEG. BAL - - 50,000 0% 50,000 Total Contributions and transfers 683,299 184,228 602,683 31% 902,683 Total Revenue: 686,007 234,665 774,683 30% 1,322,183 Expenditures: General government Administrative VEHICLES 9,852 - 9,852 0% 9,852 IT - COMPUTER REPLACEMENT 4,867 3,632 - 0% - IT - OTHER EQUIPMENT 109,264 13,663 - 0% - Total Administrative 123,983 17,294 9,852 176% 9,852 Public safety Police POLICE EQUIPMENT - - 38,094 0% 38,094 POLICE VEHICLES 100,145 39,801 130,541 30% 130,541 Total Police 100,145 39,801 168,635 24% 168,635 Animal Shelter ANIMAL SHELTER EQUIPMENT - - 11,163 0% 11,163 Total Animal Shelter - - 11,163 0% 11,163 Public Works PARKING IMPROVEMENTS - DISPERS - - - 0% - 400 EAST ROAD IMPROVEMENTS - - - 0% - 500 WEST/KANE CREEK IMPROVE - - - 0% - VEHICLES - - - 0% - Flood Damage Repair - - - 0%330,000 330,000 Total Public Works - - - 0% 330,000 Parks, recreation, and public property Recreation CENTER STREET GYM MECHANICAL - - - 0% - DARK SKY CAPITAL IMPROVEMENT - - 100,000 0% 100,000 TRAIL & BRIDGE IMPROVEMENTS - - - 0%300,000 300,000 ART IN PUBLIC PLACES 1%21,772 2,530 37,000 7% 37,000 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget PARK IMPROVEMENTS 48,624 - - 0% - PARKS EQUIPMENT & VEHICLES - - - 0% - Total Recreation 70,396 2,530 137,000 2% 437,000 Swimming Pool AQUATIC CENTER IMPROVEMENTS - - - 0% - AQUATIC CENTER SET ASIDE - - - 0% - AQUATIC CENTER EQUIPMENT REPLA - - - 0% - Total Swimming Pool - - - 0% - Moab Arts & Recreation Center MARC BUILDING IMPROVEMENTS 68,381 12,903 50,000 26% 50,000 Total Moab Arts & Recreation Center 68,381 12,903 50,000 26% 50,000 Municipal Building BLDG IMPROVEMENTS - - - 0% - Total Municipal Building - - - 0% - Transfers and Contributions USU SETASIDE 286,676 - - 0% - TRANSFER TO CP FUND BALANCE - - 353,033 0% 353,033 Total Transfers and Contributions 286,676 - 353,033 0% 353,033 Total Expenditures: 649,581 72,528 729,683 10% 1,359,683 Total Change In Net Position 36,426 162,137 45,000 360% (37,500) FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 51 Water Fund Income or Expense Income From Operations: Operating income Water Operating Income WATER PENALTIES 20,462 8,429 11,000 77% 11,000 Water SUNDRY REVENUES 39,006 109 40,000 0% 40,000 Water GOVERNMENT SHOP WATER 21,203 - 20,000 0% 20,000 Water TAXABLE SHOP WATER 76,510 777 60,000 1% 60,000 WATER SALES 1,686,524 572,098 1,703,461 34% 1,703,461 TAX ON SHOP WATER SALES (5,453) 511 - 0% - WATER CONNECTION 69,942 23,179 65,000 36% 65,000 WATER TERMINATION 49 - - 0% - Total Water Operating Income 1,908,243 605,102 1,899,461 32% 1,899,461 Non-Operating Items: Water Non-operating income INTEREST INCOME 7,380 8,825 10,000 88% 10,000 WATER IMPACT FEES 164,987 55,167 70,000 79% 70,000 Total Water Non-operating income 172,367 63,992 80,000 80% 80,000 Total Income 2,080,610 669,094 1,979,461 34% 1,979,461 Operating expense Water Operating expense Water GENERAL FUND O/H 391,747 162,152 486,457 33% 486,457 Water SALARIES & WAGES 215,285 76,925 243,395 32% 243,395 Water EMPLOYEE BENEFITS 176,478 65,235 155,533 42% 155,533 Water OVERTIME 5,083 1,594 5,000 32% 5,000 Water SUBSCRIPTIONS & MEMBERSH 2,052 560 4,948 11% 4,948 Water TRAVEL 1,657 152 3,000 5% 3,000 Water OFFICE EXPENSE & SUPPLIE 59 229 - 0% - Water EQUIPMENT-SUPPL. & MAINT 5,154 876 22,500 4% 22,500 Water BUILDING SUPPL. & MAINTE 5,008 - 5,000 0% 5,000 Water UTILITIES 73,067 33,135 55,500 60% 55,500 Water TELEPHONE 3,421 1,036 3,125 33% 3,125 Water RENT OF PROPERTY & EQUIP 2,107 - 8,500 0% 8,500 Water MONTHLY FUEL - GASCARD 11,383 4,736 12,600 38% 12,600 Water PROFESSIONAL & TECH. SER 42,605 9,749 31,500 31% 31,500 Water WATER/EDUCATION 2,005 70 5,000 1% 5,000 Water OTHER 1,974 149 4,000 4% 4,000 Water SPECIAL DEPARTMENTAL SUP 53,351 13,105 60,600 22% 60,600 Water INSURANCE 1,560 1,560 1,600 98% 1,600 Water Sustainability - - - 0% - Water DEPRECIATION 180,666 - 205,750 0% 205,750 Total Water Operating expense 1,174,663 371,264 1,314,008 28% 1,314,008 Water Non-operating expense Water INTEREST ON BONDS/DEBT S 174,953 77,747 13,205 589%161,047 174,252 Total Water Non-operating expense 174,953 77,747 13,205 589% 174,252 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Total Expense 1,349,616 449,010 1,327,213 34% 1,488,260 Net Income 730,994 220,084 652,248 34% 491,201 Water Fund Capital Budget Capital Expenses Land - 0% - Water shares - 0% - Water - Public Works Building 25,000 0% 25,000 Water System Upgrades 1,571,000 0% 1,571,000 Well 12 Construction 2,265,000 0% 2,265,000 2 Million Gallon Water Storage Tank 1,163,470 0% 1,163,470 Mill Creek Drive Waterline Improvements 1,971,530 0% 1,971,530 Meters 140,000 0% 140,000 Fire Hydrants - 0% - Manhole Replacement Project - 0% - Equipment - general - 0% - Equipment - water 162,000 0% 162,000 Office furniture and equipment - 0% - Autos and trucks - 0% - Total Purchases 7,298,000 0% 7,298,000 Debt Service 2018 Water Revenue Bond Repaid 47,942 47,942 25,061 191% 25,061 2021 Water Revenue Bond Repaid - - 283,000 0% 283,000 Total Debt Service 47,942 47,942 308,061 16% 308,061 Total Capital Budget 47,942 47,942 7,606,061 1% 7,606,061 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 52 Sewer Fund Income or Expense Income From Operations: Operating income Sewer Operating Income Sewer SEPTAGE PROCESSING FEES 138,425 76,080 100,000 76% 100,000 SEWER EXISTING FACILITY FEE 72,547 23,733 80,000 30% 80,000 SEWER STUDIES FEE 3,827 1,152 6,000 19% 6,000 SEWER SERVICES CHARGES 1,527,248 432,682 1,489,670 29% 1,489,670 Sewer SPECIAL SERVICES BY CITY - - 2,000 0% 2,000 Sewer GREASE TRAP SERVICES/FIN - 2,611 - 0% - Sewer SPANISH VALLEY SEWER 299,790 175,315 434,317 40% 434,317 Sewer SJSPSSD SEWER 14,522 8,600 10,000 86% 10,000 SEWER CONNECTION 5,999 2,040 10,000 20% 10,000 Total Sewer Operating Income 2,062,357 722,212 2,131,987 34% 2,131,987 Non-Operating Items: Sewer Non-operating income Sewer INTEREST INCOME 4,550 1,373 50,000 3% 50,000 SJSPSSD SEWER IMPACT FEES 57,624 2,760 50,000 6% 50,000 SEWER WRF RETAINAGE 137 - - 0% - GWSSA SEWER IMPACT FEES - OFFS - 31,353 - 0% - GWSSA SEWER IMPACT FEES 137,052 36,535 50,000 73% 50,000 SEWER IMPACT FEE INTEREST 5,662 3,390 18,000 19% 18,000 SEWER IMPACT FEES 128,694 41,796 50,000 84% 50,000 SEWER IMPACT FEE FINANCE INTER 6,907 - 6,000 0% 6,000 SVWSID CAPITAL ANNUAL CONTRIBU 102,207 102,207 - 0% - Total Sewer Non-operating income 442,833 219,415 224,000 98% 224,000 Total Income 2,505,190 941,627 2,355,987 40% 2,355,987 Operating expense Sewer Operating expense WRF Sewer GENERAL FUND O/H 378,837 157,671 473,013 33% 473,013 Sewer WRF SALARIES & WAGES 190,575 74,861 184,982 40% 184,982 Sewer WRF EMPLOYEE BENEFITS 114,898 46,040 143,820 32% 143,820 Sewer WRF OVERTIME 7,736 2,140 9,000 24% 9,000 Sewer WRF SUBSCRIPTIONS & MEMB 3,433 1,435 5,874 24% 5,874 Sewer WRF TRAVEL - 30 2,000 2% 2,000 Sewer WRF OFFICE EXPENSE & SUP 486 133 1,000 13% 1,000 Sewer WRF EQUIPMENT SUPPL. & M 22,357 66,347 30,000 221% 30,000 Sewer WRF BUILDING SUPPL. & MA 1,615 706 1,600 44% 1,600 Sewer WRF UTILITIES 159,531 74,119 160,000 46% 160,000 Sewer WRF TELEPHONE 5,099 1,984 5,000 40% 5,000 Sewer WRF RENT OF PROPERTY & E - - 2,000 0% 2,000 Sewer WRF MONTHLY FUEL - GAS C 2,578 295 3,500 8% 3,500 Sewer WRF PROFESSIONAL & TECH.159,668 73,905 157,000 47% 157,000 Sewer WRF EDUCATION 4,550 509 3,000 17% 3,000 Sewer WRF SHIPPING\FREIGHT 19,234 10,935 8,000 137% 8,000 Sewer WRF SPECIAL DEPARTMENTAL 102,083 68,463 81,700 84% 81,700 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Sewer DEPRECIATION 167,256 - 220,000 0% 220,000 Total WRF 1,339,936 579,572 1,491,489 39% 1,491,489 Sewer Collection System Sewer COLLECTION SALARIES & WA 85,686 45,536 107,528 42% 107,528 Sewer COLLECTION EMPLOYEE BENE 46,501 24,714 72,707 34% 72,707 Sewer COLLECTION OVERTIME 6,636 2,236 8,000 28% 8,000 Sewer COLLECTION SUBSCRIP & M - 184 4,752 4% 4,752 Sewer COLLECTION TRAVEL - 60 4,500 1% 4,500 Sewer COLLECTION OFFICE EXP & 23 - 900 0% 900 Sewer COLLECTION EQUIP SUPPLIE 16,593 4,493 28,000 16% 28,000 Sewer BLDG/GRDS SUPPLIES&MAINT 138 - 500 0% 500 Sewer COLLECTION UTILITIES 2,670 1,176 2,000 59% 2,000 Sewer COLLECTION TELEPHONE 1,087 359 3,000 12% 3,000 Sewer COLLECTION RENTALS - 646 6,000 11% 6,000 Sewer COLLECTION MONTHLY FUEL 4,378 2,361 5,000 47% 5,000 Sewer COLLECTION PROFESSIONAL 57,389 21,860 37,250 59%300,000 337,250 Sewer COLLECTION EDUCATION 1,675 840 5,850 14% 5,850 Sewer COLLECTION OTHER 910 261 5,450 5% 5,450 Sewer COLLECTION SPEC DEPT SUP 30,814 7,083 44,000 16% 44,000 Total Sewer Collection System 254,499 111,810 335,437 33% 635,437 Sewer Non-operating expense Sewer INTEREST ON SEWER BONDS 287,636 185,419 208,114 89% 208,114 Total Sewer Non-operating expense 287,636 185,419 208,114 89% 208,114 Total Expense 1,882,071 876,801 2,035,040 43% 2,335,040 Net Income 623,119 64,826 320,947 20% 320,947 Sewer Fund Capital Budget Capital Expenses Sewage treatment facilities - 0% - Sewer lines - 0% - Manhole Replacement Project - 0% - Equipment - general - 0% - Equipment - sewer - 0% - Office furniture and equipment - 0% - Autos and trucks - 0% - Total Purchases - - - 0% - Debt Service 2017 Water Reclamation Facility 1,278,000 1,928,000 650,000 297% 650,000 2018 Sewer Bond 216,058 354,058 112,939 313% 112,939 Total Debt Service 1,494,058 2,282,058 762,939 299% 762,939 Total Capital Budget 1,494,058 2,282,058 762,939 299% 762,939 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 53 Storm Water Utility fund Income or Expense Income From Operations: Operating income Water Operating Income STORM WATER DRAINAGE FEE 344,833 86,344 285,190 30% 285,190 Total Water Operating Income 344,833 86,344 285,190 30% 285,190 Total Income 344,833 86,344 285,190 30% 285,190 Operating expense Water Operating expense Storm wtr GENERAL FUND O/H 84,186 35,038 105,114 33% 105,114 Storm wtr FUEL 3,451 1,502 19,260 8% 19,260 Storm wtr PROFESSIONAL & TECH.2,500 17,671 - 0%25,000 25,000 Storm wtr SPECIAL DEPARTMENTAL - 3,396 - 0% - Storm wtr DEPRECIATION 6,917 - - 0% - Storm wtr SPECIAL PROJECTS 591 240 - 0% - Total Water Operating expense 97,645 57,848 124,374 47% 149,374 Total Expense 97,645 57,848 124,374 47% 124,374 Net Income 247,188 28,496 160,816 18% 160,816 Storm Water Fund Capital Budget Capital Expenses Equipment - General - 0% - Total Purchases - - - 0% - Debt Service Total Debt Service - - - 0% - Total Capital Budget - - - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 55 Transit and Parking Fund Change In Net Position Revenue: Charges for Services Transit Fares - - - 0% - Total Charges for Services - - - 0% - Contributions and transfers UDOT Hotspot - - 500,000 0% 500,000 Grand County Contribution - - 250,000 0% 250,000 General Fund Contribution - - 37,500 0% 37,500 Federal Contribution (FTA)- - - 0% - Transfer from Transit Fund Beg Balance - - - 0% - Total Contributions and transfers - - 787,500 0% 787,500 Total Revenue: - - 787,500 0% 787,500 Expenditures: General Expenditures Operator Contract - - 250,000 0% 250,000 Administrative Overhead - - 45,000 0% 45,000 Marketing and Branding - 3,500 17,500 20% 17,500 Transfer to PT Fund Balance - - 475,000 0% 475,000 Total General Expenditures - 3,500 787,500 0% 787,500 Total Expenditures: - 3,500 787,500 0% 787,500 Total Change In Net Position - (3,500) - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 61 Health Insurance Fund Change In Net Position Revenue: Charges for services Health Reimb Arrgmt Premiums 549,338 206,407 675,547 31% 675,547 Dental Premiums 42,843 7,045 50,000 14% 50,000 Health Savings Account Premium 3,678 1,275 120,000 1% 120,000 Medical Insurance Premiums 904,955 269,191 1,296,000 21% 1,296,000 Life Insurance Premiums 7,945 5,832 14,000 42% 14,000 Vision Insurance Premiums 16,214 - 14,500 0% 14,500 Employee Health Savings Accoun 7,513 138 240,000 0% 240,000 Employee Supplemental Insuranc - - 24,000 0% 24,000 Employee Life Insurance Premiu - - 11,500 0% 11,500 Short Term Disability Premiums (1,108) (3,056) 16,800 -18% 16,800 Total Charges for services 1,531,377 486,833 2,462,347 20% 2,462,347 Total Revenue: 1,531,377 486,833 2,462,347 20% 2,462,347 Expenditures: General government Administrative Third party administrator 1,078 575 - 0% - Health Reimbursement Arrangeme 383,546 73,626 574,215 13% 574,215 Dental Expenses 33,735 11,354 45,000 25% 45,000 Health Savings Account Funding (581) - 120,000 0% 120,000 Medical Insurance premiums 907,818 302,659 1,296,000 23% 1,296,000 Vision Insurance premiums 9,540 - 14,500 0% 14,500 Life Insurance premiums (584) 4,737 14,000 34% 14,000 Assistance Program (EAP)3,003 1,645 3,720 44% 3,720 TeleMedicine 4,529 2,438 5,508 44% 5,508 Wellness Program 23,544 5,865 12,000 49% 12,000 Employee Health Savings Accoun (1,834) - 240,000 0% 240,000 Employee Supplemental Insuranc 22,278 - 24,000 0% 24,000 Employee Life Insurance premiu 13,351 - 11,500 0% 11,500 Short Term Disability - 1,113 16,800 7% 16,800 Transfer to Fund Balance - - 85,104 0% 85,104 Total Administrative 1,399,423 404,011 2,462,347 16% 2,462,347 Total Expenditures: 1,399,423 404,011 2,462,347 16% 2,462,347 Total Change In Net Position 131,955 82,823 - 0% - Page 1 of 7 November 9, 2021 MOAB CITY COUNCIL MINUTES--DRAFT REGULAR MEETING November 9, 2021 The Moab City Council held its Regular Meeting on the above date. Audio recordings of the workshop and regular meeting are archived at www.utah.gov/pmn. Due to the health and safety risks related to the ongoing COVID-19 pandemic and consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Annotated § 52-4-207(5)(a), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings with the City Council chambers serving as a physical anchor location. Pre-Council Workshop: Mayor Niehaus called the Pre-Council Workshop to order at 1:00 p.m. Participating remotely were Councilmembers Karen Guzman-Newton, Rani Derasary, Mike Duncan and Kalen Jones. Councilmember Tawny Knuteson-Boyd observed the meeting electronically. City staff participating remotely were Acting City Manager Carly Castle, Finance Director and Acting Deputy Manager Ben Billingsley, Recorder Sommar Johnson, Code Compliance Specialist Mona Pompili, Building Inspector Barry Ellison, Wastewater Reclamation Facility Superintendent Obe Tejada, Planner Nora Shepard and Assistant Planner Cory Shurtleff. A video recording is archived at www.youtube.com/channel/UCl00z0Zgdmz4y1FoI0l7CJA. Accessory Dwelling Units (ADUs): Assistant Planner Shurtleff opened the discussion of 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. The dialogue covered several topics including definitions of local workforce, exemptions for family, retirees and non-paying guests, the prerequisite of a formal lease with a three-month minimum term requirement, and conditions regarding owner- occupancy of internal ADUs. Concerns regarding taxation were discussed. Consensus was reached on the talking points and staff were directed to forward the proposal for legal review. Workshop Adjournment: Councilmember Duncan moved to adjourn the workshop portion of the meeting. Councilmember Jones seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Duncan and Guzman-Newton voting aye. Mayor Niehaus adjourned the workshop at 3:01 p.m. Regular City Council Meeting: Mayor Niehaus called the meeting to order from the Council Chambers at 7:06 p.m. Councilmembers Guzman-Newton, Knuteson-Boyd, Duncan, Derasary and Jones attended remotely. City staff participating in-person or remotely included Acting City Manager Castle, Finance Director and Acting Deputy Manager Billingsley, Assistant Planner Cory Shurtleff, Sustainability Director Mila Dunbar-Irwin, Parks, Recreation and Trails Director Annie McVay, Sports Director Patrick Trim, Engineer Chuck Williams and Recorder Sommar Johnson. A video recording is archived at www.youtube.com/watch?v=_AfGlds4cNI. Public Hearings and Citizens To Be Heard: Mayor Niehaus opened two public hearings and Citizens To Be Heard simultaneously for ease of audience participation. The Public Hearings concerned Proposed Ordinance 2021-19: An Ordinance Amending Moab Municipal Code 3.50.100 Sanitary Sewer Rates of the Master Fee Schedule and the City of Moab Draft Water Conservation Plan Update. Page 2 of 7 November 9, 2021 Bob O’Brien spoke about the Draft Water Conservation Plan Update. He admired certain aspects of the Plan, such as goals related to graywater, conversion of agricultural irrigation from culinary water supply, repairs of leaking pipes and proposed tiered rates. He took issue with the narrow focus of the Plan on conserving water to serve an increasing human population rather than other motivations such as preserving riparian zones, wetlands and wildlife habitat. He stated he reviewed an older draft of the Plan and noted the absence of much information regarding climate change. He stated that Castle Valley had experienced a 19 percent decrease in water supply due to climate change in 20 years. He said an anticipated 20 percent decrease required more attention in the Plan. He said the Plan should address resilience and cited a Journal of Hydrology study that indicated more development could affect aquifer recharge. Mary O’Brien wrote: I have four concerns with the Moab City Water Plan (I live in Castle Valley): 1.The plan fundamentally fails to face the climate changing future of water source declines due to drought and rising temperature. No mention is given to the reductions in water sources predicted by climate researchers. 2. Growth is not questioned. How and whether reduced or no growth could be equitably approached is not considered. The plan seems to conserve water so growth can continue while hovering too near to mining the Glen Canyon Aquifer. Measures for “new development” are mentioned ten times in the plan and “new construction” three times. 3. Moab needs to emphasize native plants in water-wise planting incentives and requirements. Native vegetation is more likely to support native wildlife diversity, including invertebrates. 4. Mill Creek: One of the most valuable ecological features of the City should receive more consideration. Possibilities should be explored for negotiating with the Moab Irrigation Company to allow for greater than three cubic feet per second (cfs) to Mill Creek. Mill Creek was flowing millennia before MIC got private “rights” to remove most of the creek’s water. The diversion of most of Mill Creek water to growing alfalfa for cattle is an unfortunate arrangement. I urge inclusion of all these in Moab water planning. William Love wrote: The Water Conservation Plan does not address water problems in Spanish Valley. This is one aquifer with many straws. 1. Grazing cows on the watershed is suicidal. The plan needs to focus on the Pack Creek fire area and set this aside for development of the watershed with plants that increase percolation. 2. The City continues to increase density and sells more water. The City has no idea of the quantity of water sold to planned developments. First, we need to know how much water we have already promised before new development promises are made. 3. Residents should not conserve a drop of water for more development. The plan needs to set a limit on usage before the public is asked to conserve. Charlotte Mates asked about the apparent closure of a footbridge between Main Street and Kane Creek Boulevard. She asked who owns the property and why the signage and barriers announced the closure of the bridge. She spoke about the hardship on residents of the Kane Creek Boulevard neighborhood and the unexpected closure. Aaron Linberg spoke about the aging sewer infrastructure in the Walker subdivision. He noted replacing dilapidated sewer lines from homes to the curb was expensive, and that hooking up replacement pipes from the curb to the City’s lines is cost-prohibitive for homeowners. Kara Dohrenwend spoke about the City’s letter of support regarding the Mill Creek Community Collaboration (MCCC) recommendations. She addressed the counterproposal introduced by Moab Solutions and noted that overuse is not unique to Mill Creek and the condition of Mill Creek is the same or better than it was in the 1990s. She noted the area is unusual because it is located within the urban area. Dohrenwend suggested that, if the City shows support for Page 3 of 7 November 9, 2021 decreased visitation, it should advocate for this in all nearby recreation areas. She urged Council to support the recommendations of the MCCC group. Ms. Dohrenwend also provided additional written comments: the Moab Solutions (MS) objections are philosophical and long standing and were discussed by the Collaboration often--only to have MS reject consensus at the last minute. MS objections are linked to the over-saturation of visitors in the entire region and do not address the impacts this trailhead has on residential areas of town. The City should be actively advocating for reduced tourism everywhere in our region, as the real impacts to the public land in the area are much greater outside of Mill Creek. Other objections to the MCCC recommendations related to relocating the primary trailhead parking to Potato Salad Hill were also noted in the document. Other than Clif Koontz from Ride with Respect, the four-wheel community was invited from day one and took an attitude of “this isn’t about us” until the community started to back the idea of shifting the entrance across the creek. The Sheriff’s office apparently was not getting emails from the MCCC or chose not to respond/participate as the group worked through those things. Issues raised by Sand Flats were cited in the recommendations and all of these objections were expressly noted in the MCCC document to ensure transparency. It would be a shame to throw away the work done by the stakeholders and countless residents who provided input and comments as this process moves on to the BLM. Brian Murdoch spoke in support of the MCCC stakeholder group process and near-consensus. He stated that three years of work and two extensive public surveys went into the recommendations. He urged the City to support the work of the WCCC. Colin Topper wrote: I support the work done by MCCC. Specifically, option C. Closing the Powerhouse Lane access to vehicles, while allowing pedestrians and bicycles, would benefit not only those residents of Powerhouse Lane, but also any Moab residents wishing to walk or bike into the canyon. As it currently stands, the access road is dusty and dangerous during the busy season. The Sand Flats Road already serves as an access to public land; what a perfect complement to access Mill Creek. Barb Lacy wrote: The number of pickle ball players in Moab, along with visiting pickle ball enthusiasts, is ever growing. On a recent Friday morning, there were 26 players: four tennis courts at the High School with temporary chalked lines allowed for 16 players at a time. As there are no real dedicated courts in Moab, we play when and wherever allowed. It is time for the City of Moab to have dedicated courts for this sport. I understand the city recently received grant funds for pickle ball and the challenge is finding land for courts. Please consider a location within city limits that is within walking or bike-riding distance. Discussion regarding building courts at Old City Park or the golf course means more folks in cars traveling our roads and would likely limit kids from using a facility. Additionally I would encourage Moab City to coordinate with Grand County and Grand County School District to fund and build courts. All three entities have looked at options for dedicated courts. Why not pool resources and build a first class facility? Thank you for your consideration. Nan Marquardt wrote: I would like the pickle ball courts to be constructed, if possible, within walking or easy biking distance of City Hall. Sun Court is a possibility. Bruce Dissel wrote: Pickleball courts would be a tremendous benefit to tourists and locals alike. Communities in our area, some much smaller than Moab, are building them. I advocate, for starters, resurfacing Sun Court until the City can build a new complete court facility. I would also encourage the city to collaborate with Grand County and the school district to build a facility that would accommodate the growing sport for seniors, kids and tourists alike. Thank you for your attention to this matter! Page 4 of 7 November 9, 2021 Patricia Jones wrote: Thank you for all that you do for the City of Moab. It is my understanding the City is investigating locations for building pickleball courts. I am on a steering committee trying to get courts built and am on the board of our newly formed nonprofit 'Friends of Pickleball' organization and the Grand County Recreation Board. My conclusions: Lion's Hub is too far from town, busy as a tourist hub, noisy with highway traffic, cold in winter due to river proximity and not enough space for courts. Swanny Park: pickleball itself is too noisy to be located by the city pool and next to residences, therefore a fear that complaints made in the future would result in time restrictions. We like to start play at 6:00AM in the summer to beat the heat. Perhaps a spot on the east side of the park? Also little to no parking available. Rotary Park: not enough space. Old City Park/Golf course: Would accommodate about ten of the 50+ players in our group. The Old Spanish Trail Arena has plans for four courts to be located at their site. Sun Courts: many of our Moab group of pickleball players live in the city and would like to see courts located in town. The Sun Court has space for three courts facing North and South with partitioning in between. It appears the current surrounding wall and fencing could remain with only cement resurfacing, basketball hoop removal and net installation. The two indoor courts available next door at the Center Street Gym would make five courts total, enough for now, and the available restrooms would keep costs down. I am unaware of any other city properties you might be considering. Our Pickleball group has been negotiating with the Grand County School District for possible courts at the High School. An Interlocal agreement between the school district, Moab City and Grand County will be needed. I would be happy to present more information about pickleball in general and/or what we as a group see as our needs. Close of the Public Hearings: Councilmember Knuteson-Boyd moved to close the public hearings. 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 closed the public hearings at 7:34 p.m. Administrative Reports: Finance Director and Acting Deputy Manager Billingsley reported on discussions with the County regarding the Film Commission budget. He stated negotiations were moving forward for the County to assume the Film Commission support. Billingsley thanked the Recorder’s staff for their work on the elections. He said there would be a public survey regarding Ranked Choice Voting after the canvass on November 16. He said he met with David Ingleman of the Moab Irrigation Company (MIC) regarding creation of a low-cost water feature at Rotary Park. Councilmembers Jones and Guzman-Newton asked about upcoming meetings of the Utah Department of Transportation (UDOT) regarding the Unified Transportation Plan and rural Utah transportation planning. Mayor Niehaus pointed out there was no dependable public transportation to Salt Lake City or elsewhere. She also noted the City’s negative position on the proposed Bypass, and brought up rail service as an option. Councilmember Guzman-Newton brought up revisions to the design of Main Street in an effort to slow traffic. She mentioned federal highway funds. Mayor Niehaus and Councilmember Jones agreed to represent the City at an upcoming Moab meeting of the state transportation commission. Mayor and Council Reports: Mayor Niehaus reported she was working with Mayor-elect Joette Langianese on the transition and attended meetings of the Southeastern Utah Association of Local Governments and the state Water Quality board. Niehaus expressed kudos to the Recorder’s staff and the Utah County Elections staff regarding the general election. Page 5 of 7 November 9, 2021 Councilmember Derasary reported Utah’s rural Emergency Medical Services (EMS) directors met in Moab. She brought up EMS topics related to the upcoming legislative session, including services for children, behavioral assistance for staff and legislative funding. She mentioned data sharing between jurisdictions and EMS house calls to assist primary care providers. Derasary also mentioned a field trip meeting of the Riparian Partnership at the Potash boat ramp. She remarked on trail ambassadors and an effort to tie Leave No Trace responsibilities to business licenses for outfitters. She said she met with Joette Langianese and staff of the Uranium Mill Tailings Remediation Act (UMTRA) Moab site to discuss next steps. She said she attended a webinar on clean energy and brought up the concern regarding bicycle and pedestrian bridges on Kane Creek. She asked about rejected ballots related to Ranked Choice Voting. Councilmember Duncan reported on a meeting of the Grand Water and Sewer Special Service District. He noted he toured the new Utah State University campus and mentioned some delays with material deliveries. He mentioned opportunities for vocational education and brought up the university’s advisory board. Councilmember Knuteson-Boyd reported on a COVID outbreak at the Canyonlands Care Center. She said ten staff tested positive, along with 11 of 31 residents. She said all residents were vaccinated. She mentioned the Hopi Katsina exhibit at the Museum. Councilmember Guzman-Newton reported on the Airport Board meeting, noted flights to Salt Lake City would be suspended for the winter, and one flight per day would serve Denver. She said enplanements were up and there was airport demand to serve bigger jets and for more hangars. She reported on the Chamber of Commerce banquet and mentioned Brendon Cameron and City Market were Citizen of the Year and Business of the Year, respectively, and the Moab Free Health Clinic was awarded Nonprofit of the Year. She mentioned discussions with the legislature to shift uses of the Transient Room Tax in rural communities. Councilmember Jones reported on a meeting of the Travel Council where timed entry at Arches National Park was discussed, and he noted a new shuttle to the Salt Lake City airport. He reported on the Housing Task Force and interviews with the Visioning Consultant candidates. He also reported on the Community Renewable Energy board meeting. Councilmember Derasary mentioned the upcoming Pack Creek Fire Reseeding event. Mayor Niehaus mentioned the upcoming Veterans Day ceremony. Approval of Minutes: Councilmember Derasary moved to approve minutes of October 26, 2021 Special and Regular Meetings. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Jones, Guzman-Newton, Knuteson-Boyd, and Duncan voting aye. Old Business: Accessory Dwelling Units—Tabled Mayor Niehaus announced that the Special Workshop Meeting, conducted earlier in the day, resulted in consensus on various elements of 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. She said Council instructed staff to present the draft ordinance for review by legal counsel. Motion and Vote: Councilmember Knuteson-Boyd moved to table Proposed Ordinance 2021- 16: An Ordinance Amending the Text of the Moab Municipal Code (MMC) to allow ADUs in all Page 6 of 7 November 9, 2021 residential Zones subject to a revised Section 17.70 Accessory Dwelling Units and Section 17.06.020 Definitions pending legal review. Councilmember Duncan seconded the motion. The motion to table passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Sanitary Sewer Rates—Approved Discussion: Councilmember Derasary stated she had spoken with representatives from local churches. Finance Director and Acting Deputy Manager Billingsley explained proposed funding for debt service and capital improvements. Motion and Vote: Councilmember Derasary moved to adopt Ordinance 2021-19 as presented in option A, an ordinance amending the sewer rate portion of the Master Fee Schedule. Councilmember Jones seconded the motion. The motion passed 4-1 aye with Councilmembers Jones, Derasary, Knuteson-Boyd and Guzman-Newton voting aye and Councilmember Duncan voting nay. Draft Water Conservation Plan Update—Discussion Sustainability Director Dunbar-Irwin presented the Plan for Council discussion. Councilmember Jones noted the Plan presented an unfunded mandate. He suggested the state could create new standards within the building code, with particular regard to Water Sense fixtures and Energy Star appliances. Dunbar-Irwin explained these standards were not already a part of the building code. Councilmember Guzman-Newton asked which state agency would promote the building code revision and Councilmember Jones explained the Utah 100 [Utah Communities collaborating to transition to net-100 percent renewable electricity] could work toward the code revision. He said the new standard is widely supported outside Utah. Mayor Niehaus noted the narrow focus on human impacts in the draft Water Conservation Plan. Councilmember Derasary asked about edits concerning riparian and wetlands areas. Dunbar-Irwin stated such language would be added and noted climate change information is included in the current draft. Mill Creek Recommendations to the BLM—Approved Discussion: Councilmember Duncan stated he supports the recommendations of the Mill Creek Community Collaborative (MCCC) and stated he is not interested in presenting the alternative put forward by Moab Solutions with equal weight. Councilmember Guzman-Newton declared her support for the three-year effort of MCCC. Councilmember Knuteson-Boyd acknowledged her appreciation of and respect for all the work of MCCC. Motion and Vote: Councilmember Guzman-Newton moved to approve a letter of support for the Mill Creek Community Collaborative recommendations to the Bureau of Land Management. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. New Business: Pickleball Courts—Discussion Parks, Recreation and Trails Director McVay stated the City had secured a grant of $80,000 from the Utah Land and Water Conservation Fund. She explained the grant requires a 50 percent match and that the grant recipient must permanently own the selected site. Discussion ensued regarding a public process related to a change of use of City property, the site selection committee, needed approvals and the recently formed Pickleball club. Finance Director and Acting Deputy Manager Billingsley explained the Recreation, Arts and Parks (RAP) tax could be used for this project and there would be no expenses in the current fiscal year. Councilmember Derasary asked about a public relations campaign. Councilmember Jones asked about the court size requirements. Councilmember Duncan asked about Swanny Park as a location and Mayor Niehaus brought up the site at the gold course. Page 7 of 7 November 9, 2021 Pack Creek Bridge Widening Agreement—Approved Discussion: Councilmember Derasary asked about the 50 percent match required for the project. Councilmembers Duncan and Guzman-Newton asked for clarification regarding bicycle and pedestrian access, lane widths and street design. Motion and Vote: Councilmember Duncan moved to approve the Cooperative Agreement with Utah Department of Transportation (UDOT) relating to the Pack Creek Bridge Widening Project. Councilmember Jones seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Pack Creek Bridge Widening Project Task Order—Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve Task Order 2021-03 with Civil Science, Inc. for engineering services relating to the Pack Creek Bridge Widening Project. Councilmember Jones seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. HooDoo Hotel Plat Amendment—Approved Motion and Vote: Councilmember Duncan moved to approve Proposed Resolution 34- 2021: A Resolution Approving the Plat Amendment of Property Located at 261 Walnut Lane, 178 W Williams Way, and 111 North 100 West, Moab UT 84532, for the HooDoo Hotel. Councilmember Jones seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Approval of Bills: Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills against the City of Moab in the amount of $279,072.54. 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 Duncan moved to convene an Executive (Closed) session to discuss the character, professional competence, or physical or mental health of an individual or individuals. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman- Newton voting aye. Mayor Niehaus convened the Executive Session at 9:38 p.m. Councilmember Derasary moved to end the Executive Session. Councilmember Guzman- Newton 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 10:27 p.m. Adjournment: Councilmember Derasary moved to adjourn the meeting. Councilmember Duncan seconded the motion. The motion passed unanimously and Mayor Niehaus adjourned the meeting at 10:27 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Page 1 of 1 November 16, 2021 MOAB CITY COUNCIL MINUTES--DRAFT SPECIAL MEETING November 16, 2021 Moab City Council held a Special Meeting on the above date. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § UCA52-4-207(5)(a), the Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council due to health and safety risks. Moab City Council Chambers served as the meeting’s anchor location. An audio recording is archived at www.utah.gov/pmn; a video recording is archived at www.youtube.com/watch?v=jsnZREo34LM&t=7s. Attendance: Mayor Emily Niehaus called the Special Meeting to order at 12:05 p.m. Participating remotely were Councilmembers Rani Derasary, Tawny Knuteson-Boyd, Mike Duncan and Kalen Jones. Councilmember Karen Guzman-Newton was not in attendance. Staff participating remotely were Recorder Sommar Johnson, Acting City Manager Carly Castle and Finance Director/Acting Deputy Manager Ben Billingsley. Representatives from the Utah County Elections office who participated remotely included Rozan Mitchell, Nicole Stevens and Mark Davey. Canvass of the General Election: Recorder Johnson presented the canvass of the City of Moab General Election held on November 2, 2021. She shared the results, showing Joette Langianese attaining the Mayor’s seat and Jason Taylor and Luke Wojciechowski gaining Council seats. She provided information regarding over counts and undercounts in both the Mayoral contest and the City Council race. Councilmembers asked about the counting methodologies. Johnson indicated the Lieutenant Governor’s office advised the Council to accept the canvass as presented today. Due to a tally of votes that separated Council candidates Wojciechowski and Josie Kovash by one vote, Utah County spokesperson Mitchell indicated a recount of the Council race would occur on December 7 at City Council Chambers. She said it would include a small number of provisional ballots as well as some ballots with signature-matching issues. Discussion ensued regarding whether the recount would entail extra fees for Utah County to administer. Councilmember Duncan asked if poll watchers would be welcome at the recount and Johnson confirmed that would be the case. Councilmember Knuteson-Boyd moved to accept the election results as presented. Councilmember Jones seconded the motion. The motion passed 4-0 aye, with Councilmembers Knuteson-Boyd, Derasary, Duncan and Jones voting in favor. Adjournment: Mayor Niehaus adjourned the meeting at 12:26 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Moab City Council Agenda Item Meeting Date: December 14th, 2021 Title:Water Conservation Plan Update Disposition:Vote Staff Presenter:Mila Dunbar-Irwin Attachment(s): Water Conservation Plan Recommended Motion: 1.I move to approve the Water Conservation Plan Update 2021. 2.I move to approve the addition to Section 6.6.2 as written in the attachment. Background/Summary: The State required Water Conservation Plan Update is due to be adopted before the end of 2021. The Council has seen this plan in draft form at previous meetings, and heard public comment at the last meeting. Suggested changes have been incorporated into the document in the packet today. Once the Water Conservation Plan Update is adopted the plan will be sent to the State to satisfy our requirement and staff will begin work on the items outlined in the plan. There is a proposed addition to Section 6.6.2 that deals with demand hardening. It is included as an attachment in the packet. If the Council votes to include this paragraph it will go into the final version of the plan. Water Conservation Plan Update 2021 City of Moab 1 Table of Contents FOREWARD ..................................................................................................................................... 3 INTRODUCTION ............................................................................................................................... 4 SECTION 1: SYSTEM PROFILE .......................................................................................................... 5 1.1 History, Government and Population ................................................................................... 5 Fig 1. Projected Population Growth ........................................................................................... 5 1.1 Water governance structure ................................................................................................. 6 Fig. 2 Map of Current Service Area ............................................................................................. 7 1.2 Water Distribution System.................................................................................................... 7 Table 1. Number and Type of Connections in 2020 ................................................................... 7 1.3 Waste Water Treatment System .......................................................................................... 8 SECTION 2: SUPPLY ......................................................................................................................... 8 2.1 Sources – Aquifers, Surface Water, and Water Rights ......................................................... 8 2.1.1 History ............................................................................................................................ 8 2.1.2 Aquifer and surface water descriptions and maps ........................................................ 9 Table 2. SUPPLY CATEGORIZED BY TYPE of SOURCE ................................................................ 10 2.2 Secondary Water (Irrigation Sources) ................................................................................. 10 2.2.1 Moab Irrigation Company ............................................................................................ 10 2.2.2 The Colorado River ....................................................................................................... 11 2.3 Water Rights ....................................................................................................................... 11 SECTION 3: WATER MEASUREMENT............................................................................................. 11 3.1 Water Measurement Methods and Practices .................................................................... 11 SECTION 4: SYSTEM WATER LOSS ................................................................................................. 12 4.1 Water Loss .......................................................................................................................... 12 4.2 Leak Detection and Repair .................................................................................................. 12 SECTION 5: WATER USE ................................................................................................................ 13 5.1 Water Use ........................................................................................................................... 13 Fig. 3 Water Use by Sector and Year ..................................................................................... 13 Table 3. Potable vs. Non-Potable Water Use (AF) ................................................................ 14 5.1.1 Water Use – Permanent Residents .............................................................................. 14 Fig. 4 Population vs Water Use ............................................................................................. 14 Fig. 5 Gallons per Capita per Day by Type ............................................................................ 15 Table 4. Gallons per Capita per Day 2005 - 2020 .................................................................. 15 5.1.2 Water Use – Visitors .................................................................................................... 16 5.2 Water Production and Projections ..................................................................................... 16 Table 5 Water Produced by Source / Year ............................................................................ 16 Fig. 6 Water Production Trends by Source ........................................................................... 17 Table 6 – Source Capacity & Future Projections ................................................................... 17 Fig. 7 Future Projections (AF) ................................................................................................ 18 5.3 Billing ................................................................................................................................... 19 SECTION 6: WATER CONSERVATION ............................................................................................. 21 2 6.1 Introduction ........................................................................................................................ 21 6.2 Water Use Reduction Goal ................................................................................................. 21 Table 7. Percent Change in GPCD from 2000 ....................................................................... 22 6.3 Water Conservation Metric ................................................................................................ 22 6.4 Current Conservation Measures ......................................................................................... 22 6.5 Current Conservation Ordinances and Standards .............................................................. 23 6.6 New Conservation Measures for the Next Five Years ........................................................ 23 6.6.1 Planning Efforts ............................................................................................................ 23 6.6.2 Ordinances and Policies ............................................................................................... 23 6.6.3 City Facilities Improvements ........................................................................................ 25 6.6.4 Outreach and Education .............................................................................................. 25 6.6.5 Programs ...................................................................................................................... 26 6.7 Responsibility for Meeting Conservation Goals ................................................................. 26 6.8 Action and Implementation Timeline ................................................................................. 26 SECTION 7: ECOLOGICAL CONCERNS ............................................................................................ 27 7.1 Introduction ........................................................................................................................ 27 7.2 Matheson Wetlands............................................................................................................ 27 7.3 Mill Creek ............................................................................................................................ 28 7.4 Pack Creek ........................................................................................................................... 28 SECTION 8: OTHER CONSIDERATIONS .......................................................................................... 29 8.1 Colorado River .................................................................................................................... 29 8.2 Water Banking .................................................................................................................... 29 Acknowledgements This plan was written as a joint effort between City Staff, the Water Conservation and Drought Management Advisory Board, and the Moab City Council. City staff included Mila Dunbar-Irwin, Chuck Williams, Mark Jolissaint, Levi Jones, Carly Castle, Marcy Mason, and Ben Billingsley. Contributors from the Water Conservation and Drought Management Board were Jeremy Lynch, Eve Tallman, Arne Hultquist, Mike Duncan, Kara Dohrenwend, and Steve Getz. Other contributors include Elaine Gizler and Dave Engleman. City Council and Mayor were Emily Niehaus, Mike Duncan, Tawny Knuteson-Boyd, Rani Dersary, Kalen Jones, and Karen Guzman- Newton. 3 FOREWARD Water is the lifeblood of Moab, as for all cities. Over a century ago the consistent flow of Mill Creek, fed by reliable snowfall in the La Sal Mountains, allowed the establishment of Moab as an agricultural community. Over the subsequent decades, changing land use, increased water consumption, multi-year droughts, the anticipated effects of climate change, and scientific study of Moab’s aquifer has led to better understanding of the value, limitations of, and risks to Moab’s water supply. While this Plan is driven in part by state requirements, ultimately it is a response to the City’s responsibility to plan for the long-term well-being of its residents, businesses, customers, and ecosystem. To that end, it lays the groundwork to prepare for a future, that while it may be water constrained, still provides the many benefits that draw people to this desert oasis. We value our healthy urban forest, local food production at all scales, water in our creeks and wetlands, and attractive residential and commercial landscapes, and intend this plan to contribute to their preservation. -Moab City Council, 2021 4 INTRODUCTION The City of Moab 2021 Water Conservation Plan has been prepared to comply with the Utah Water Conservation Plan Act of 1998 amended in 2004 with HB71 Section 73-10-32. Statute requires that every Utah water conservancy district and water retailer adopt a Water Conservation Plan every five years and file the plan with the Utah Board of Water Resources. This 2021 Water Conservation Plan Update presents updated data for water supply and demand, trends, future growth and consumption projections, and proposes policies and actions to achieve regional conservation goals. The Regional Water Conservation Goal for the “Upper Colorado River” area (Carbon, Emery, Grand, and San Juan Counties) is 20% by 2030, from an average of 333 gallons per capita per day (GPCD) to 267 GPCD. Moab is close to this goal and is currently at 278 GPCD according to 2020 population estimates. The 2020 Census data will be available in 2022, at which time, the City will have a more accurate resident number, and it is likely the actual GPCD will be lower. The City proposes to meet and exceed the Regional Goal by setting a new baseline goal of 250 GPCD by 2030, with additional step-wise decreases in GPCD goals to 230GPCD based on State participation in conservation efforts. A goal of 230GPCD represents a 50% decrease in outdoor landscape irrigation and would result in the total volume of residential water use staying the same, while still accounting for the projected increase in population. State participation in water conservation efforts are crucial to the success of an aggressive goal. Both of these goals represent the values of the community and an effort to keep water use at a safe level to ensure a sustainable quality of life for the City of Moab and its environs. To meet this goal, the City plans to implement a suite of water conservation measures including policies, outreach, infrastructure improvements, and water resource management planning. Proposed policies include regulating landscapes and turfgrass for new development, water wise development standards, and re-landscape incentives. Outreach and education for current residents as well as making technical resources and expertise available are a key component of meeting the City’s goal. The City has committed to system upgrades which will be completed over the next five years and have the potential to reduce loss and improve efficiency, as well as development of a new source (well). In addition, the City is embarking on a water resource management planning effort in coordination with other local water providers who share the groundwater supply, to make smart decisions now and prevent shortages in the future. Underpinning all these efforts is on-going research by state, local, and federal agencies to improve data accuracy and forecasting. Data for this plan comes from ongoing studies by the Utah Division of Water Rights (UDWRi), the United States Geological Survey (USGS) and the Utah Geological Survey (UGS) as well as the City and neighboring water users, Grand Water and Sewer Service Agency (GWSSA), and Moab Irrigation Company (MIC). Population data was derived from the 2010 US Census and Census.gov estimates. 5 SECTION 1: SYSTEM PROFILE 1.1 History, Government and Population The City of Moab was incorporated in 1902 and is the largest city in Grand County. The City of Moab has a Council-Manager form of government, with five elected Council members, a separately elected Mayor, and an appointed City Manager. The semi-arid climate of Moab is characterized by hot summers and cold winters, with 9.5 inches of precipitation per year. Moab has been known for ranching and agriculture, uranium mining, film production and tourism over the decades. The area serves as a gateway to Arches and Canyonlands National Parks, Bears Ears National Monument, the Colorado and Green Rivers and the La Sal Mountains. It is home to world-renowned mountain biking, hiking and 4x4 trails, and the area hosts more than 2 million visitors each year. Two creeks flow from the La Sal mountains through town and into the Matheson Wetlands before draining into the Colorado River, providing important habitat for birds and wildlife, and a respite from the heat for humans alike. Dramatic upticks in visitation in the past decade have resulted in explosive development of tourist amenities such as overnight accommodations. This transient population makes water planning more complicated and can be a point of contention for those concerned that our GPCD does not differentiate between visitors and residents, resulting in each resident being “responsible” for some portion of the tourism impact. Please see Section 6, Water Conservation, for more details. The resident population of the City has slowly grown over the past ten years, with an average estimated growth rate of 1.01% / year. Current resident population is estimated at 5,341 using this assumed growth rate and will be updated with the 2020 Census data available in 2022. The greater Spanish Valley area, including northern San Juan County, sits at around 10,000 people, including the City of Moab. This is the most useful population number for long-term water resource management planning, as these are the total users of the water supply. Moab City alone could see an increase of approximately 2,500 people in the next 40 years, if the average growth rate stays the same. Fig 1. Projected Population Growth 5341 7984 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 20 0 5 20 0 7 20 0 9 20 1 1 20 1 3 20 1 5 20 1 7 20 1 9 20 2 1 20 2 3 20 2 5 20 2 7 20 2 9 20 3 1 20 3 3 20 3 5 20 3 7 20 3 9 20 4 1 20 4 3 20 4 5 20 4 7 20 4 9 20 5 1 20 5 3 20 5 5 20 5 7 20 5 9 Po p u l a t i o n Year Estimated Population 6 However, build-out projections are complex, and have many different scenarios based on current zoning, potential zone changes, types of uses, and possible future regulations such as water availability. 2020 Census data may be higher than the previous growth rates, and post- COVID-19, Moab seems to have undergone a boom in popularity if the housing market is any indication of current residential demand. There are currently 240 undeveloped properties within City limits, representing 725 buildable acres (there are 1116 vacant acres, but the remaining 391 acres are unbuildable due to natural hazards). Approximately 30% of these are zoned for commercial uses. The lowest end of the build-out scenario is one single-family dwelling on each residentially zoned property and non- residential uses on the others, which adds only about 223 people (using an average of three people / household) to the projected population. The build-out number gets much higher assuming each property uses their total density allowance, and higher still if any are rezoned to zones allowing more density than currently permitted. With a medium scenario, where every vacant residential property is subdivided and developed to the maximum density allowed by current zone (excluding multi-family options), then there are 3,000 new units built, and approximately 9,000 more people. The City is currently looking into these various scenarios to develop smart land use policy based on limited resources and community desires. The matter is complicated further by the addition of other water users outside City limits who share the aquifer – residents of both Grand County and San Juan County. Acknowledging this reality is the inspiration behind the initiation of the Moab Spanish Valley Water Providers Coalition, a water resource management planning group which convened for the first time in 2021. It is impossible to address the population of Moab without representing tourism. Though the City only has around 5,000 permanent residents, the area (including Spanish Valley) sees more than two million visitors per year, many of who stay at least one night in the many overnight accommodations available in both City limits and Grand County. 1.1 Water governance structure The City of Moab is the sole provider of culinary water to all City residents and businesses. The Moab Irrigation Company provides some irrigation water to its members in town, and Grand Water and Sewer Service Agency serves residents outside of City limits. There are a few exceptions such as the new Utah State University campus which will be within the City but served by GWSSA. City of Moab water is supplied, delivered, and billed by City staff within the Public Works, Engineering, and Treasurer’s departments. 7 Fig. 2 Map of Current Service Area 1.2 Water Distribution System The Moab City culinary water system is fed by six sources: two wells and four springs. One additional well is currently being developed and should be on-line in 2022. Source water is stored in three tanks with a total capacity of 3.0 MG, with one additional tank scheduled for construction in the next several years. Approximately 52 miles of pipes, ranging in size from 4 to 21 inches in diameter, distribute water from the storage tanks throughout the City's service area. The City’s water delivery network comprises three pressure zones. The three zones are referred to as the Lower, Middle, and Upper Zones, with the names corresponding to the relative elevations served by each pressure zone. In general, the topography in Moab slopes toward the Colorado River. Therefore, the Lower Zone is on the northwest side of the City, closest to the Colorado River, with the progressively higher Middle and Upper Zones located to the southeast. These zones are separated with pressure reducing valves (PRVs). Due to PRV interconnections between pressure zones, excess storage located in higher zones can be applied to zones that are low. See Section 2 for volume and supply information. Table 1. Number and Type of Connections in 2020 Type of Connection Number in 2020 Residential 1,773 Commercial 430 Institutional 60 TOTAL 2,263 8 The City’s water system operates as an Enterprise Fund in which fees are charged to users of the system to pay for the costs. The Water Fund revenue sources consists of water base and usage fees from residential and commercial customers, bulk water sales, water impact fees, and proceeds from debt service secured by water rates. In April of 2021 the water revenue was used to secure a bond to enable the City to complete a backlog of necessary water related projects in the next five years, including developing a new well, Well #12. These projects also include water line improvements along Mill Creek Drive, a new two-million-gallon storage tank on Spanish Valley Drive, and various optimization projects on existing facilities. The Water Department keeps up on leak and loss maintenance regularly (see Section 4). 1.3 Wastewater Treatment System The new Wastewater Reclamation Facility was built and became operational in 2019, saving the City 200,000 gallons of water per month, on average. There is an opportunity to upgrade the treatment system so that water flowing through the plant could be discharged into the Matheson Wetlands and re-used once again before joining the Colorado. As water management between providers in the Valley and ecological concerns are brought to the table, this may become a path the City chooses to take. SECTION 2: SUPPLY 2.1 Sources – Aquifers, Surface Water, and Water Rights 2.1.1 History The Spanish Valley has been intermittently occupied for thousands of years by indigenous people. They used the springs and surface water coming from the La Sals to support both hunter/gatherer and early agricultural communities. White colonizers arrived to the area around the late 19th century, and began the settlement known as Moab today. It appeared that there was plenty of water to support their sedentary community, largely agricultural and mining, at first. That changed in the mid-1950s with the uranium boom and a sudden influx of people. Moab and Spanish Valley grew to about 3000 people at that point, and then it changed again for good with the creation of Arches and Canyonlands National Parks, and the outdoor recreation economy. The County has since grown to 10,000 permanent residents and shows no signs of slowing. Besides Moab City, several water providing entities share one valley, one mountain range and two very complex aquifers, and are facing a finite water supply. Private rights holders, Moab City, Grand County, Moab Irrigation Company (a non-profit irrigation company with senior rights to much of the valley’s surface water), and the northern end of San Juan County all share, cooperate, and compete for both agricultural irrigation supply and domestic culinary water. There is wide-spread sentiment that the state has over-allocated water rights, particularly in the light of recent research and climate change projections. Recently the focus has changed from “Who has rights?” to “Are we at safe yield?” a relatively recent state prohibition against mining aquifers. The state’s Division of Water Rights is nearly finished conducting a three-year adjudication process, an effort to put unused water rights back in the public domain. After this process is 9 completed, the paper water rights should match wet water a little better, though the over- allocation issues remain. The Water Conservation and Drought Management Board was created after the adoption of the 2016 Water Conservation Plan and has worked to address some of the issues facing the Valley in the intervening years. With the publication of several research efforts and the extreme drought declaration during 2021, water has come more to the forefront of public conversation. There is more community urgency to increase efforts to integrate conservation practices and initiate cooperative long-range planning. It is no longer time to pretend we are separate – the water flows underground and is used by all. Hopefully, with a constructive process and good leadership, there will be an agreement reached regarding a number for “safe yield,” whether that is a number codified by the State Engineer or a number that the water providers agree on remains to be seen. With current science limited by available data, and study conclusions still presenting a wide range of available water, it seems prudent to wholeheartedly embrace the precautionary principle and make conservative estimates now to preserve water supply for an uncertain future. 2.1.2 Aquifer and surface water descriptions and maps During the last several years the City, GWSSA and several other concerned entities funded a USGS study to help better understand the aquifers in our area. The City of Moab also hired a consulting firm, Hydrologic Systems Analysis, LLC, to further understand this very complex system. The study is available by request at the City. Due to the complexity of the aquifers fed by snowmelt from the La Sal Mountains there is not complete agreement on exactly how the system functions, and there is still a wide range in the estimates of how much water is in the aquifer and what the recharge rate is. This discussion is ongoing in the community and will be a part of groundwater management planning efforts. In the 1970’s the total water budget including the Glen Canyon Group aquifer (GCGA) and the valley fill aquifer was about 20,000 acre-feet per year, as estimated by the USGS. In 2018 the USGS completed a more extensive set of field measurements and reduced its budget estimate to 11,000-13,000 acre-feet. In 2020, a Journal of Hydrology (pre-publication but peer-reviewed) article by one of the previous USGS authors using extensive geo-chemistry tracing and age- dating techniques estimated the annual GCGA recharge (deep portion) at less than 4000 acre- feet. This is the current culinary water source for the City. If this number holds up to scientific scrutiny and usefully narrow error bounds, it is approximately what is being withdrawn from the GCGA to serve current demand. This would have significant ramifications for both land use planning and conservation practices. The complexity of our sub-surface aquifer not only makes quantifying available water difficult, but it also means our water supply is relatively invisible to residents and visitors alike. Conservation of a resource that may only be understood to be gone when wells run dry creates a challenging conservation planning atmosphere. The City of Moab and others in the community can lead the conversation about understanding our water system, how we are working to ensure the security of our water supply, and how every resident can help through water conservation. 10 Table 2. SUPPLY CATEGORIZED BY TYPE of SOURCE 5-yr average 2016 (2,388 AF) 2017 (2,540 AF) 2018 (2,478 AF) 2019 (2,264 AF) 2020 (2,218 AF) Springs 1,444.01 1,386.32 1,506.30 1,439.42 1,265.64 1,321.94 Wells 1,024.47 1,001.18 1,033.48 1,038.74 997.86 896.44 2.2 Secondary Water (Irrigation Sources) 2.2.1 Moab Irrigation Company Moab Irrigation Company (MIC) is a non-profit organization founded circa 1890 which has senior water rights to almost all the water in the Mill Creek drainage, including North Fork, which is usually around 6,000 acre-feet per year. Headwaters of both branches of Mill Creek are high on the west side of the La Sal mountains. Mill Creek is the principal drainage supplying water to Spanish Valley. There are three diversions in the upper reaches of Mill Creek that supply water to three ditches – Wilson Mesa, South Mesa, and Horse Creek – for agricultural and irrigation uses. There is another large diversion, discussed below, supplying water through Sheley Tunnel to Ken’s Lake, which is a reservoir supplying irrigation water to upper valley users. There are three more diversions on Mill Creek below its confluence with North Fork. The two lower dams are near each other and not far from the intersection of Mill Creek Drive and Powerhouse Lane. The uppermost dam of this group supplies mostly small farms on the southeast edge of the city. The remaining two dams supply two "ditches" (long since replaced by closed plastic piping) that stretch from east to west across Moab City. The users on these ditches are more than a hundred of mostly urban landscapers who enjoy relatively inexpensive irrigation water compared to what it would cost to irrigate with City culinary water. Delivery takes advantage of the steady downhill grade to the west to hydrostatically pressurize the pipelines; no pumps are used. The majority of these users flood irrigate their properties. Since 1980, all flow (except a BLM required 3 cfs minimum in-stream flow) in Mill Creek is diverted by Grand Water and Sewer Service Agency (GWSSA) into Ken's Lake where it is used for irrigation in the upper valley. [A hydrologist employed to study the City’s culinary water supply asserts that this reduced (since 1980) stream flow has detrimentally reduced the city’s production from its springs and wells at the golf course as well as Skakel Springs farther north along a NW trending Kayenta fault line.] MIC charges GWSSA for this diverted water, and in turn if MIC wishes to augment its city pipelines in late summer (a common occurrence in recent frequent drought years) when Mill Creek flow is low, GWSSA charges MIC for water pumped from valley fill aquifer wells in the same geographic area as MIC diversions. Ken's Lake also owns many MIC shares, for which it pays an assessment fee like any other MIC shareholder. In summer, MIC frequently takes all Mill Creek flow at its two lower dams to serve its users, leaving Mill Creek almost dry, particularly in the daytime when more people are watering than they do at night. Water does seep back into the creek below the lower dam so that by the time Mill Creek crosses Main Street (Hwy 191) there is some flow back in the creek bed. The 11 aesthetics and ecological amenity of leaving some modest flow, ideally even in drought years, in the creek all the way through town is desirable, but there's not enough water to serve MIC customers and leave some in the creek unless water distribution can be made more efficient. Doing so is certainly possible, but it requires considerable upgrade to both MIC and user systems with technologies such as pumps, timers, tanks, automated diversion dams and automated valves. Surface water is messy to handle, involving foreign material such as sand, limbs, leaves and beavers, making the situation more complicated. Similarly, the idea surfaces periodically of using MIC water, its pipelines, or at the least its right- of-way through town to grow a secondary municipal water system. This is possible, but likely means converting MIC from a non-pressurized to a pressurized, metered system, which is not currently in City or MIC budgets. 2.2.2 The Colorado River Another potential secondary irrigation system is surface water out of the Colorado River. The City of Moab has the opportunity to conserve culinary water and add non-potable supply for outdoor irrigation needs by converting some of the groundwater rights to surface water from the Colorado. Developing this system would cost many millions of dollars and take years of planning and infrastructure installment and is not within the scope of City capital improvement projects at the moment. However, to further conserve culinary water supplies, this development could be well warranted in the future. 2.3 Water Rights The City of Moab holds 8,795AF in water rights currently, the vast majority of which are groundwater rights. SECTION 3: WATER MEASUREMENT 3.1 Water Measurement Methods and Practices Moab city uses Neptune R900i T-10-gal water meters. All water source production meters are read daily for data collection and all customer-based meters are read at the beginning of each month for billing. Malfunctioning meters are tested and replaced immediately as they are discovered. If a meter is suspected of reading inaccurately it is removed and tested prior to replacement or repair. Rough estimates on meter size deviance range are ⅝”- 90%, 1” 2-4%, 2” 2-4%, 3” 1-2%, 4” 1% and 6” less than 1%. Enough meters are kept on hand to keep up with replacements and cold winters. In 2014-15 an exceptionally cold winter, with average temps below 0 at night and single digits during the day for 3-4 weeks, resulted in replacement of roughly 175 frozen meters and 24 frozen service lines that need thawing and / or replacing. In 2020 only two frozen meters needed replacement and there were no frozen service lines. We expect winters to continue to warm, though slowly. Connection and impact fees are assessed for each new connection based on the size of connection and its usage classification. New developments and meter sizes are engineered according to ERC’s (Equivalent Residential Connection). All water measurements are reported to the State DWR as required. 12 SECTION 4: SYSTEM WATER LOSS 4.1 Water Loss There was approximately 550 acre-feet of water, or about 20%, lost between production and metered connections in 2020, which is typical for recent years. The City engineering and public works team attributes this loss to four possible causes: 1. Dispersed Leaks: individual leaks may be too small to be noticed but taken together could have a significant effect. Water lines are in various types of soils, some of which may be able to absorb a slow leak for a long time without evidence showing. 2. Water Line Breaks: these are repaired quickly, but large amounts of water can be lost during the leaking period. 3. Unmetered Connections: there may be older connections that are yet unmetered. 4. Fire Hydrant Exercise: Public Works exercises fire hydrants on a schedule, and the water expelled is not metered. 4.2 Leak Detection and Repair Moab City has four full time Water Department personnel directly supervised by the Public Works Director. They work around the clock to provide safe drinking water for the City of Moab. They monitor and perform regular maintenance on the water production and treatment process daily and make necessary repairs immediately. They have a Supervisory Control and Data Acquisition (SCADA) system that monitors and controls various parts of the water system remotely from a desktop computer or a phone app with full control of all the pumps in the system. This means they can see intrusion alarms and all the tank levels in real time. The Water Department takes leaks seriously and responds immediately to all identified issues, making a conscious effort to lose the least amount of water possible during repairs. Staff are always on high alert and inspecting the water system for leaks and have personnel on-call 24/7 through local dispatch through the Sheriff’s office or by the on-call number (435)210-1982. The City Water Department responded to 35 water leaks in 2020 and completed repairs on eight water mains and 22 service lines. The Treasurer’s Office and Water Departments work closely together on water conservation. The Water Department reads all water meters, most of which are digitally broadcast, and reports those readings to the Treasurer’s Office monthly. The Treasurer’s Office identifies high usages through their billing software which creates a re-read list. The Water Department will then verify the unusually high readings on the ground and report the conditions back to the Treasurer’s Office. If there is evidence of a water leak the homeowner is notified immediately and work begins on a solution. When the leak is properly fixed, the homeowner can request a rebate on the amount of their water bill caused by the leak. This is intended as an incentive to fix leaks and not simply let them run, although, that has happened in the past, and it may be time to add a penalty for those who do not choose to fix their leaks. In addition, the Water Department works to educate customers on ways to conserve water. From irrigation watering schedules to overflowing swamp coolers and leaking faucets, they help customers identify high usage areas and come up with solutions. 13 To maintain water quality the Water Department cleans and inspects water storage facilities every five years. They flush low-flow and dead-end lines on a regular basis and upon restoring water after an outage, they flush water mains until free of sand. There is sediment that flows naturally from the springs and settles in main lines due to aging infrastructure. New infrastructure additions strictly follow American Water Works Association (AWWA) water standards. From installation and pressure testing to treatment and sampling all applicable standards are consistently followed to maintain water quality. SECTION 5: WATER USE 5.1 Water Use Total water used from 2005 – 2020 has decreased. In recent years, the proportion of water going to commercial uses has begun to decrease in comparison to residential use as well, as the City becomes more built-out and residentially focused, and commercial and agricultural uses move out into Spanish Valley. The City has set the goal of a 50% reduction in outdoor landscape irrigation by 2030 to effectively keep residential draw the same as it is today, regardless of the projected increase in population. This goal will not be met without financial support from the State of Utah. Fig. 3 Water Use by Sector and Year The City of Moab only began keeping records on non-potable water production and use in 2017. There are only three connections that are considered non-potable water used for irrigation. Well #7 is used exclusively by the Golf Course for spring irrigation to make up for shortfalls when their usual water source (GWSSA) does not have enough supply. They use varying levels per year depending on available surface water. The City Center well is exclusively used for irrigation of City facilities near City Hall, and McConkie spring is a diversion near Old City Park used for irrigation there. - 500.00 1,000.00 1,500.00 2,000.00 2,500.00 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Total Water Used (AF) by Year and Sector 2005-2020 Residential Commercial Institutional Industrial Wholesale Unmetered 14 Table 3. Potable vs. Non-Potable Water Use (AF) SOURCE 2020 2019 2018 2017 City Center Well 1.35 N/A N/A N/A McConkie Spring (Irrigation) 120.00 120.00 120.00 152.03 Well #7 Golf Course (Irrigation) 8.43 18.00 182.70 41.06 Total Per Year 129.78 138.00 302.70 193.09 5.1.1 Water Use – Permanent Residents Total water use has been trending downwards in the past 15 years, even as population has risen. This is due to shifting uses from commercial and mining towards residential, conversion of agricultural land to residential use, replacement of the old wastewater treatment facility, and likely some water conservation awareness as well. In 2005 the total water used was 1,965 acre-feet and in 2020 the total was 1,667 acre-feet. The City of Moab aims to keep total water use at or around the current level into 2030, regardless of population growth, assuming support from the State. Fig. 4 Population vs Water Use - 500.00 1,000.00 1,500.00 2,000.00 2,500.00 4700 4800 4900 5000 5100 5200 5300 5400 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Ac r e F e e t Po p u l a t i o n Axis Title Population Growth and Total Water Used Est. Population (based on US Census Data)Total Water Used 15 Fig. 5 Gallons per Capita per Day by Type Table 4. Gallons per Capita per Day 2005 - 2020 Year Population GPCD Residential GPCD Commercial GPCD Institutional GPCD Total 2005 4936 192.76 162.72 - 355.48 2006 4968 191.78 161.60 - 353.38 2007 5001 164.18 129.78 - 293.96 2008 5,033 174.56 144.34 - 318.89 2009 5,066 168.42 150.65 - 319.06 2010 5,111 135.46 183.40 - 318.87 2011 5,097 131.05 157.60 - 288.64 2012 5,186 142.79 166.56 - 309.35 2013 5,184 143.89 207.67 - 351.56 2014 5,225 162.38 156.24 - 318.62 2015 5,251 145.69 136.18 - 281.88 2016 5,261 135.68 171.73 - 307.41 2017 5,219 139.50 139.97 46.21 325.69 2018 5,288 143.66 127.38 36.12 307.17 2019 5,336 145.33 99.91 27.43 272.67 2020 5,341 166.47 89.23 22.97 278.67 - 50.00 100.00 150.00 200.00 250.00 300.00 350.00 400.00 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 GPCD 2005-2020 by Type GPCD Residential GPCD Commercial GPCD Institutional GPCD Total 16 5.1.2 Water Use – Visitors No discussion of water use in Moab would be complete without addressing the impact of our many visitors. Currently, overnight accommodations account for approximately 16% of the commercial water used. In 2019 (a more typical year than 2020), this was a total of 95AF. Of course, this does not include the proportional use of visitors at businesses which serve mostly tourists such as restaurants and the car wash. This proportional use would be difficult to accurately account for unless individual surveys were taken at each establishment – an effort no one is currently undertaking. Regardless, as visitors increase, we can expect their water usage to increase concurrently unless more conservation measures are implemented at overnight accommodations. Outreach efforts are part of the five-year conservation plan. 5.2 Water Production and Projections Table 5 Water Produced by Source / Year Water Source Data (AF) 5-yr average 2016 (2,388 AF) 2017 (2,540 AF) 2018 (2,478 AF) 2019 (2,264 AF) 2020 (2,218 AF) Birch Springs 1,2,3 (WS003) 535.82 515.78 551.85 539.83 503.63 468.42 Sommerville Springs Nos. 1 & 2 (WS001,2) 535.79 518.19 572.11 517.06 472.09 469.22 Well No. 10 (WS010) 529.13 533.68 565.79 487.91 521.26 409.36 Well No. 6 (WS007) 415.20 450.83 426.63 368.13 458.60 478.65 Skakel Springs (WS012) 241.73 232.35 230.31 262.53 169.92 264.30 McConkie Spring (Irrigation, estimated) 130.68 120.00 152.03 120.00 120.00 120.00 Well #7 Golf Course (Irrigation) 80.14 16.67 41.06 182.70 18.00 8.43 Total Per Year 2,468.48 2,387.50 2,539.78 2,478.16 2,263.50 2,218.38 17 Fig. 6 Water Production Trends by Source Table 6 – Source Capacity & Future Projections Future Projections (AF) Existing Source Capacity* 5,387.00 Anticipated Source Capacity** 7,323.00 Estimated Water Use 2060 2,532.00 Efficient Use (2060 Water Use reduced 25%) 1,899.00 *Source capacity reported here is based on pump capacity and draw-down tests, not on estimates of actual aquifer capacity, which disagree. Therefore, reported source capacity numbers are not in any way representative of a safe-yield number. **Climate Change is anticipated to reduce water supply by approximately 20%, making this number only 5,858AF - 100.00 200.00 300.00 400.00 500.00 600.00 700.00 2016 (2,388 AF)2017 (2,540 AF)2018 (2,478 AF)2019 (2,264 AF)2020 (2,218 AF) Water Production 2016-2020 (AF) Birch Springs 1,2,3 (WS003) Sommerville Springs Nos. 1 & 2 (WS001,2) Well No. 10 (WS010) Well No. 6 (WS007)Skakel Springs (WS012)McConkie Spring (Irrigation, estimated)Well #7 Golf Course (Irrigation) 18 Fig. 7 Future Projections (AF) Under existing conditions, the City has an estimated surplus capacity of 19 gpm during peak day conditions with all sources in operation. However, for the City to have source redundancy such that no single drinking water source is indispensable, about 1,500 gpm of additional source capacity is needed. One potential option for the City to make up a portion of that deficit would be to use Well 7, or another City owned well that is not currently in service within the drinking water system. For one of these wells to be a viable drinking water source, Moab will need to ensure that the well meets all state requirements. In addition, as water from Well 7 is currently sold to the Moab Golf Club, the City should verify that any agreements with the Golf Club would allow the City to divert the water into the drinking water system under an emergency scenario. With a capacity of 350 gpm, Well 7 is not sufficient to provide full redundancy in the event of a loss of operation at Well 6. As an additional option, the City could consider working with Grand Water and Sewer Service Agency (GWSSA) to explore the feasibility of adding an interagency connection between the Moab and GWSSA drinking water systems. Depending on the capacity of the connection, it could potentially serve all or part of the needed redundancy. An interagency connection has the potential to aid both parties in supplying quality water to their respective customers. As another option, the City could also develop an additional water source. For planning purposes, it has been assumed that the City will construct a new well for source redundancy. Under 2060 conditions, a source deficiency of 1,930 gpm of instantaneous peak day demand is projected if no new sources are developed, though total demand remains below current estimate capacity. To address this projected peak day deficiency, it is recommended that the 19 City develop an additional 1,930 gpm of source capacity. This is in addition to the capacity needed for existing system redundancy. It is not expected that the City will need to add all this capacity in the immediate future. Instead, the City should periodically evaluate their source capacity and system demand and add capacity as needed. The City’s Water Master Plan (available at http://moabcity.org/576/Water-Conservation) assumed that this future deficiency will be met through the construction of two new wells, one of which will be on-line in 2022. Developing the new Well #12 will cost approximately $2.39 million dollars, which has been bonded for by the City. The other well should be constructed in the future once it is needed to support growth. The City acknowledges that the impacts of climate change will likely result in a 20% reduction of overall water supply in the aquifer, though at an undetermined rate of change. If this is applied to our anticipated pump capacity in 2060 (including the two new wells), that will mean 5,858AF is available. Both of our demand scenarios show less than this number, however, the essential caveat is that our source capacity estimates are based on pump capacity and drawdown tests and in no way represent a consensus on actual aquifer capacity. Therefore more data is needed and a conservative approach to water allocation is essential until a better picture of underground supply can be achieved. 5.3 Billing In 2020 the City adopted a stronger tiered water rate structure to encourage conservation, particularly for commercial properties. The hope is that it will encourage conservation and more awareness of water use. See below for the current rates. Residential, within the City $13.00 minimum charge (includes the first 3,000 gal.) $1.13/thousand for 3,001 to 10,000 gal. $1.50/thousand for 10,001 to 60,000 gal. $1.88/thousand for 60,001 or more gal. Residential, outside the City $18.85 minimum charge (includes the first 3,000 gal.) $1.50/thousand for 3,001 to 10,000 gal. $2.25/thousand for 10,001 to 60,000 gal. $2.63/thousand for 60,001 or more gal. Commercial, within the City $37.50 minimum charge (includes the first 2,000 gal.) $1.50/thousand for 2,001 to 5,000 gal. $2.25/thousand for 5,001 to 10,000 gal. $3.40/thousand for 10,001 to 50,000 gal. $4.25/thousand for 50,001 or more gal. Commercial, outside the City $44.25 minimum charge (includes the first 2,000 gal.) $3.00/thousand for 2,001 to 5,000 gal. $3.38/thousand for 5,001 to 10,000 gal. $4.25/thousand for 10,001 to 50,000 gal. $4.68/thousand for 50,001 or more gal. 20 Shop Water Retail Fee (City Public Works Yard) $32.50 for first 2,000 gallons, $12.75/1,000 gal. Shop Water Government Fee (City Public Works Yard) $26.00 for first 2,000 gallons, $9.38/1,000 gal. Construction Fire Hydrant Fee $32.50 for first 2,000 gallons, $12.75/1,000 gal. Construction Fire Hydrant Rental Fee $15 per day City Parks & Cemeteries $0.81/1,000 gal. Moab Golf Course Well #7 Current Commercial Rate Water turn-on fee, after failure to pay City water/sewer charges $25.00 during normal working hours; $50.00 after normal working hours Water meter re-read charges The City crew will re-read the customer’s meter. $10.00 The City crew will test a customer’s meter. $20.00 The City crew will change a tested customer’s meter, at the customer’s request. Actual labor costs with a one hour minimum The costs incurred for these requests will be paid within thirty days. If that bill is not paid, the water will be turned off until the debt is satisfied, and a reconnect charge (1/2 hour minimum) during regular hours or reconnect charge (2 hour minimum) after hours, will be applicable. During regular working hours, actual labor costs with a ½ hour minimum after hours, actual labor costs with a 2-hour minimum If the problem proves to be the city’s responsibility, there will be no charge to the customer. There is a space on mailed paper City bills for a small message, which can be anything from information about the new rates to conservation messages. Currently, the City is sending out the Sustainability website address as a place for water conservation tips and resources. There is current information maintained on that site as well as links to other water conservation resources and programs. Integrating these conservation messages onto e-bills will also be explored. In the future, the City is contemplating a re-designed water bill to include conservation goals and measurements aimed at such. 21 SECTION 6: WATER CONSERVATION 6.1 Introduction The City of Moab will pursue a nuanced approach to conservation. The multi-pronged approach described in this Water Conservation Plan is comprised of policies, infrastructure improvements, investment in technologies and incentive programs, outreach and education, coordinated resource management, and on-going research and data refinement. The ultimate goal is to better define and achieve conservation as a term and set of practices which become embedded in the community ethos and carry forward to a sustainable future. 6.2a Water Use Reduction Goal In 2000, Governor Levitt proclaimed a conservation goal of 25% in GPCD by 2050 using 2000 water use as the indexing year. The conservation proclamation was aimed at municipal and industrial (M&I) users, agriculture was intentionally omitted from the goal. A few years later Governor Herbert decreased the timeline and proclaimed a conservation goal of 25% by 2025 using the same year, 2000, as the indexing year. The goals were not intended to reduce the total demand for M&I water, they were established to make room for new growth because a fair number of regions were reaching the limit of their water resources. Since then, the Utah Legislature conducted a 2015 Legislative Audit, followed by a 2017 Follow- up Audit, then a Third-Party Review, and finally a 2017 Recommended State Water Strategy. Those efforts recommended the State develop regional water conservation goals. The Utah Division of Water Resources (UDWRi) was tasked with the project and developed the latest goals in their document Utah’s Regional M&I Water Conservation Goals. Grand County was put in the “Upper Colorado Region” which also includes Carbon, Emery and San Juan County. The draft recommendations were for the Upper Colorado Region to reduce their per-capita water consumption by another 17% and the final recommendations were for 20% reduction from average regional 2015 usage (333 GPCD) by 2030. The 20% reduction for the region resulted in a recommended goal of 267 GPCD. Moab is currently at 278 GPCD and has set a new goal of 230 GPCD by 2030. The table below shows the percent reduction from the year 2000 as per the original call from Governor Levitt, which Moab would meet with the 267 GPCD regional goal and exceed with a new goal of 230 GPCD. The City will assess progress towards this goal annually when data is reported to the Division of Water Rights. 6.2b Water Use Reduction Challenge Goals Additional conservation is possible, and desirable. After the City and its customers implement the easiest measures, education and outreach support from other stakeholders, cooperative efforts with regional water providers, supporting state legislation, and new funding sources becomes more important to meaningful adoption of other tools, and greater water conservation. In particular, State support is essential to successfully meet the State-set goals for our region. In recognition of this, the City will adopt stronger goals based on quantifiable State support, relative to the 2030 target date. The Moab water conservation goal of 250GPCD will decrease by 5 GPCD up to 230GPCD for each of the following actions: 1. State amendment of all relevant building codes to require WaterSense fixtures and EnergyStar washing machines and dishwashers 22 2. State amendment of all relevant residential building codes to require grey water pre- plumbing and associated landscaping 3. Consistent/ongoing funding from the State for approved conservation tool(s) including City actions, rebate programs, and planning efforts 4. Consistent/ongoing funding from the State for outreach and education efforts Table 7. Percent Change in GPCD from 2000 Year Population Total AF gallons per capita day % change from 2000 2000 4779 1926.63 359.9 0.0% 2015 5251 1657.96 281.9 21.7% 2020 5341 1667.31 278.7 22.6% 2030 N/A N/A 267 25.6% 2030* 5906* 1667* 230* 36% 6.3 Water Conservation Metric The State has determined the metric for conservation goals at GPCD, or gallons per capita per day. The metric is a reasonable measure if only measuring municipal use. However, adding commercial, industrial, and institutional uses into the metric is problematic because the people who are using that water may not be living in the area where the water is being used – namely, tourists. Trying to determine whether metrics represent conservation or a change in economy are not represented using the current measurements. The City of Moab has a tourism economy. There are over two million visitors per year, just to the National Parks, and more who never visit the parks. As such, the per capita metric does not include the numbers of visitors who use at least 16% of all commercial water, or 95AF, just on overnight accommodations. This does not include the amount of water used in other businesses catering to visitors such as restaurants and washing off highway vehicles. The City of Moab is interested in considering other metrics to determine their conservation goals. One which has potential is an Equivalent Residential Unit (ERU). It is already used for a variety of requirements associated with water supply and could be a metric which allows a comparison between economies and water conservation strategies. 6.4 Current Conservation Measures Leak protection program / rebates The leak protection program provides a rebate for the amount assumed to be lost due to a leak after the customer has fixed it. This is intended to provide an incentive for fixing leaks. New Water Treatment Facility 23 The new Wastewater Treatment Facility uses only 20,000 gallons of water per month whereas the old one used two million gallons per month. This new facility has saved the City over 23.5 million gallons of water per year since it came online in 2017. Outreach, Education The City of Moab maintains a column in the Moab Happenings monthly newspaper and the monthly City Newsletter, e-mailed to those interested and those receiving e-bills for water service, devoted to issues of Sustainability. Water conservation is an important and frequent topic in these articles. In the past several years, the City has placed box ads in the two local weekly newspapers several times per year to educate readers about appropriate watering for outdoor landscaping and low-flow fixtures. 6.5 Current Conservation Ordinances and Standards The City of Moab does not currently have any ordinances or standards addressing water conservation directly. However, the WaterNOW Alliance just awarded the City a grant for technical assistance to develop three things: 1) a greywater ordinance, 2) a landscaping ordinance, and 3) new development standards, which will be completed in early 2022. The City is looking forward to working with WaterNOW Alliance as well as Utah State University Extension experts to get smart, relevant, and up-to-date ordinances adopted as soon as possible. The City is also working on an Emergency Drought Management Plan. 6.6 New Conservation Measures for the Next Five Years 6.6.1 Planning Efforts The City of Moab is spearheading an effort to bring all the water providers in the valley together to create a consensus-based Water Resource Management Plan. This group is called the Moab Spanish Valley Water Providers Coalition and consists of the City of Moab, Grand Water and Sewer Service Agency, San Juan Special Service District, and the Moab Irrigation Company. Grand County administration may or may not be part of this group. The state engineer’s office has indicated that they do not believe a state-sanctioned Groundwater Management Plan is in order at this time, and that the valley aquifers have a few thousand-acre feet yet to be developed. However, the water providers in the valley disagree, and are interested in avoiding a crisis situation by undergoing a planning process prior to potential shortages. Undertaken now, this process will allow for community voices to be heard, experts to be consulted, and the best available science to be included – underpinned by the precautionary principle and a desire to create a sustainable water supply for all current and future residents. The first meeting of this new coalition occurred at the end of July, 2021, with the intention to meet at least monthly until the process is complete. At this point, the group will evaluate their options and intentions moving forward and recommend policies. 6.6.2 Ordinances and Policies A. Landscaping Code Amendments 24 The City’s Water Conservation and Drought Management Advisory Board, which was formed as a result of the 2016 Water Conservation Plan, recommends developing landscaping code amendments which would have three main components. 1) Requiring new development to use waterwise landscaping and irrigation principles, limit or omit turfgrass, and include greywater systems (see below), 2) Instituting outdoor landscape watering rules for all customers during times of drought (see Drought Management Plan), and 3) Developing a recommended/required species list for any new development in Moab. This effort will be particularly helpful in conserving culinary water supply, which is currently being used as irrigation water on most properties in the City for lack of a secondary irrigation system. A key component to the success of the landscaping ordinance is outreach to current residents and businesses to encourage adoption of waterwise landscaping and irrigation and abandonment of unused turfgrass. City staff is working on opportunities to improve existing demonstration landscaping around City Hall, as well as removing turfgrass and installing waterwise landscaping in a prominent location. These demonstration areas will serve to encourage current residents to do the same in their own homes and will provide inspiration and education to current and future residents. These code amendments are planned for development in 2021 and adoption in 2022, and will consist of requirements for new developments and a best-practices guide for existing developments. B. Grey Water Residents began installing grey water systems as pilot projects with the Southeast Utah Health Department (SEUHD) a few years ago. The projects were successful and with the new information SEUHD collaborated with the Utah Division of Water Quality to re-write the rules associated with permitting grey water reuse in Utah. Since then, the SEUHD has permitted several residential homes including affordable housing. The systems are relatively easy to install compared to most landscaping irrigation systems and inexpensive if installed during the building of a new home. The City plans to take advantage of the local expertise and the willingness of new homeowners to embrace these systems. Grey water use will make the City more resilient to drought and conserve water by reusing grey water to irrigate landscapes instead of sending it to the Wastewater Reclamation Facility and discharging it out of the area. It is estimated that new residences with lots less than 0.25 acres could save 50% of the water they would have used for outdoor irrigation. The City is developing code amendments that would require the indoor plumbing associated with grey water systems be installed during the construction or remodel of new single family and multi-resident housing, in conjunction with the associated landscaping component. The City is also looking to make the City’s water portfolio more resilient by developing grey water code for new commercial developments. This would require new commercial buildings to install either grey water or rainwater catchment systems that would provide all the water required for the landscaping associated with the new development. 25 C. New Development Standards In conjunction with the landscaping and greywater code amendments, the City will implement standards for new development that incorporate waterwise landscaping principles and water saving construction features. Landscaping will be required to be waterwise, using a recommended list of plants and features, limited areas of turfgrass and efficient irrigation. New construction will be required to use WaterSense labeled fixtures and appliances, and stub for greywater. D. Emergency Drought Management Plan The City intends to develop and adopt an Emergency Drought Management Plan to prepare for a situation of actual shortfall in water production. With thoughtful pre-planning, the City will be able to take the time needed for calculations, engage the public, and decide what measures make the most sense to conserve water when a drastic situation arrives. This may involve recommendations to install infrastructure for emergency shut-offs or secondary lines in all new construction so irrigation may be divorced from culinary uses. The City aims to adopt this plan within the next five years. 6.6.3 City Facilities Improvements There are opportunities to improve municipal water efficiency which the City intends to complete as funds become available, beyond the infrastructure improvements bonded for and contained within the Capital Improvements Plan (mentioned in Section 1). There are three main City parks that use water for irrigating turfgrass – Rotary Park, Swanny Park, and Old City Park. In addition, the City maintains the ballfields outside City Hall and various other smaller areas. Improvements to the system involve four things: 1) installing smart timers and moisture meters for more efficient watering 2) removing grass where it is not needed 3) evaluating and fixing old systems to water where needed and not where it’s not 4) replacing plants which have died and are still being irrigated, allow them to establish, and re-evaluate and reduce irrigation appropriately In addition, there are opportunities to install green infrastructure and improve stormwater management to facilitate more infiltration and less runoff, as well as contribute to a greener streetscape. As City drainage features are renewed or repaired, green infrastructure can be incorporated into new designs and implemented where possible. If funding becomes available, the City will be able to develop a green infrastructure plan for areas where projects would be possible. 6.6.4 Outreach and Education Successful water conservation in Moab will depend on both tangible and intangible elements. Efforts like replacing old fixtures and repairing leaks are opportunities to passively conserve water by updating systems. Behavior change is the intangible piece of the puzzle which will require a different approach. The City of Moab values the impact of education and outreach on 26 water conservation and will be continuously working to develop a community spirit of water conservation without sacrificing quality of life or economic opportunities. Planned outreach efforts include articles in the local newspaper, the City Newsletter, and Moab Happenings, changing the design of the water bill to include conservation-oriented metrics, creating and distributing door hangers at properties with inefficient watering systems to offer consultation and resources, educational mailings with best practices and goals, and providing resources from local landscape designers, USU extension, and other knowledge holders to assist residents and businesses in their water conservation efforts. Keeping the community informed about progress towards our conservation goals is a key component of the outreach and education effort, and an essential piece of meeting our water conservation goals. 6.6.5 Programs If funding becomes available, the City can invest in programs to accelerate landscaping conversion and outdoor irrigation water savings. These may include the following: • Turfgrass buy-back / rebate: providing cash payments or rebates for property owners to replace lawn with water wise landscaping (this is a common program to encourage lawn conversion) • Conservation rebates: direct water-bill rebate rewards for meeting conservation goals on top of the tiered rates • Smart timer and moisture meter incentives: providing smart technologies to assist property owners with efficient watering • Penalty for failing to fix leaks: adopting a penalty in addition to the rebate for failing to fix a leak in a timely manner • Incentives for functioning greywater systems: reduced sewer rates for homes with fully functioning and permitted greywater systems 6.7 Responsibility for Meeting Conservation Goals Chuck Williams, City Engineer: cwilliams@moabcity.org Levi Jones, Public Works Director: ljones@moabcity.org Mila Dunbar-Irwin, Sustainability Director: sustainability@moabcity.org Carly Castle, Assistant City Manager: ccastle@moabcity.org City Council, council@moabcity.org **NOTE: all positions are subject to change in personnel; responsibility will remain with the position not the person. Updated contact information can be obtained from City Administrative Assistant at info@moabcity.org, 435-259-5121 6.8 Action and Implementation Timeline Year Action 2021 • Establish Moab/Spanish Valley Water Providers Coalition • Work with USU to develop efficient watering schedule for City parks • Adopt Water Conservation Plan Update 27 2022 • Adopt Landscaping Ordinance and Greywater Ordinance • Adopt new development standards including water wise elements • Adopt Moab/Spanish Valley Water Providers Coalition Water Resource Management Plan • Inform community of the newly adopted Water Conservation Plan Update • Install smart timers for City parks, evaluate grass-removal areas • Water-wise landscaping guide sent to all addresses in Moab City including information on watering turfgrass, resources for xeriscaping, and other ways to reduce use of water outdoors 2023 Implement incentive programs (when / if financially feasible): o promote fixture replacement and inventory old fixtures where possible; o campaign to reduce water waste in the home and improve efficiency; o offer smart timers; o implement turfgrass buyback program o Support pilot green infrastructure installation 2024 Update landscaping guide and outreach regarding landscaping and greywater ordinances and new development standards 2025 Work with USU Extension to develop demonstration xeriscape garden in Moab 2026 Evaluate GPCD goal progress and City water conservation progress and update Water Conservation Plan *progress on GPCD goal will be calculated annually after data is reported to the Division of Water Rights and published on the City of Moab’s website SECTION 7: ECOLOGICAL CONCERNS 7.1 Introduction The Mill Creek Watershed, its creeks and the wetlands they are connected to at the Colorado River’s edge, are critical components of not only a functional watershed and sustainable aquifer, but also have importance to community residents. It is critical to include functional riparian corridors and wetlands while exploring ways to ensure sustainable water for the Moab and Spanish Valley communities. Not only are the riparian corridors important for wildlife, but they also are important transportation and natural corridors through the town. Springs and smaller wetlands within the system arguably act as indicators of overall water quantity in the system in a qualitative way. Water Conservation and Drought Management in the Moab Valley needs to include maintenance and enhancement of the ecological components as well as water delivery to residents and businesses. 7.2 Matheson Wetlands The Scott and Norma Matheson Wetlands Preserve is a unique and rare wetland in the American Southwest along the Colorado River. The wetlands are not incorporated into the City of Moab’s town limits, but they are sandwiched between the City of Moab and the Colorado River. They are affected by the City of Moab and the entire Mill/Pack Creek hydrobasins surface and groundwater practices. The wetlands are owned by the State of Utah Department of 28 Natural Resources and The Nature Conservancy in approximately 50/50 split. The Wetlands are co-managed by the same two agencies. The wetlands have had difficulty maintaining hydric vegetation during the previous two decades due to several anthropogenic and natural impacts. Climate change and drought have reduced the regularity of high seasonal flows in the Colorado that would flood the wetlands. Mill Creek historically provided some surface water and maintained the groundwater table but currently it is entrenched and several feet below the surface area of the wetlands. Increased domestic use of springs on the Northwest portion of the valley has also altered the water budget. There is also some concern that decreases in the freshwater layer by any of the previously stated means could affect the level of the brine layer under the freshwater layer and allow it to reach the surface or leach to the Colorado River. This conservation plan suggests that the City of Moab support the wetland monitoring plan being developed by the State of Utah Division of Water Rights and management agencies of the wetlands. It is further suggested that the City of Moab and other Spanish Valley institutions pursue stormwater management plans to emphasize stormwater retention and detention as opposed to diverting directly to Mill and Pack Creek. 7.3 Mill Creek Mill Creek starts at over 12,500’ in the La Sals and flows down to 3,950’ where it enters the Colorado River. The watershed includes Pack Creek, which parallels Mill Creek slightly to the south. 60% of the watershed is in Grand County with the remaining 40% in San Juan County. Less than 15% of the watershed is private land, and most of that is in the lower elevations in Grand and San Juan Counties. The creeks are an important feature through residential and commercial parts of Moab and Spanish Valley. In the summer months Mill Creek often runs dry as the bulk of the water is diverted for irrigation purposes. In addition to surface water use for farming and other irrigation purposes, Mill Creek also serves as an important transportation corridor for wildlife and people along the Mill Creek Parkway. Active revegetation work during the past 20 years has shifted much of the riparian area from an exotic plant dominated area to a native riparian system better able to handle flood flows as well as provide an important recreational corridor. Surface water flows are important to maintain throughout the creek system to support the riparian plant community. 7.4 Pack Creek Pack Creek is a small stream that runs through Moab and Spanish Valley and converges with Mill Creek. Although Pack Creek is not a source of culinary water the aquifer below it is used for culinary and irrigation purposes. The aquifer has relatively high total dissolved solids (TDS) and the creek is not meeting the beneficial use standards for TDS, temperature, and E. coli. However, the creek and the aquifer still provide irreplaceable ecosystem services to Spanish Valley and its residents. 29 The water quality in Pack Creek is very good above its diversions below the Pack Creek Road Bridge. The creek is generally dry from the diversion until about ½ mile above Spanish Trail Road where the groundwater table becomes shallow and recharges the creek. The water is used to irrigate a small community there. The valley is somewhat pinched there, and several springs of varying water quality add volume to the creek. From there till the confluence with Mill Creek, Pack Creek and the underlying aquifer are responsible for a verdant riparian area that has several human benefits. During the irrigation season Pack Creek is responsible for most of the water in Mill Creek below their confluence due to withdrawals on Mill Creek. In Mill Creek during the irrigation season, the mostly Pack Creek water and the underlying valley fill aquifer also provide water to the Matheson Wetlands. The environmental concerns with the wetlands were discussed earlier in this document. The growing population, development plans and long-term drought have made the valley fill aquifer a target for new water development. The aquifer itself has a relatively small amount of annual recharge. There are concerns that continued development of the valley fill aquifer will result in lower water tables, reduced or ceased recharge to Pack Creek and deterioration of water quality. SECTION 8: OTHER CONSIDERATIONS 8.1 Colorado River Moab City has water rights out of the Colorado River and could potentially change some of their unusable groundwater rights to increase the rights out of the Colorado. This water has been contemplated for use as an eventual secondary irrigation system, relieving some of the pressure of the culinary water drawn from the aquifer and allowing for a more ready method of regulation should the need for outdoor watering restrictions arise. Developing this system would require a large amount of funding and infrastructure, however, and is not currently feasible. In the more immediate future, it would be possible to shift non-potable water, such as that used for construction sites, to surface water from the Colorado rather than culinary groundwater. Setting up a metered pump station would not be exceedingly onerous, and the City just needs to identify a suitable location. There is already a construction water pump station at the boat ramp at the 191 bridge, which is owned by Le Grand Johnson, a construction and paving company. 8.2 Water Banking Water banking is adding water to an aquifer for later use, putting it “in the bank” so to speak, either literally or figuratively through water rights. The banked water is allowed to percolate down into the aquifer where it then disperses and is available for later use. In concept, this can either be done at the surface level, and recharge goes to shallow aquifers, or via deep injection wells to access deeper aquifers. In Moab, water for recharge could come from the Colorado River, storm water, or future flash floods generated by increasing monsoonal storms predicted by climate change models. Untreated Colorado River water could be pumped up the valley, used for purposes mentioned 30 above, and eventually be emptied into designated recharge areas such as Kens Lake, flood irrigated fields, or purpose-built shallow ponds or wells. This could be a way for the City to “use” water that is currently considered lost from the system due to variations in seasonal needs and continuously flowing springs. There are potentially 300-400 AF of water the City does not actively use each year from Skakel springs in the winter that instead of running off to the river, could conceivably be banked for future withdrawals. Developing a water bank is not currently on the City’s priority list, however, it is something to keep in mind for the future. Possible Addition to Section 6.6.2 of the Final Water Conservation Plan Update for 2021 “When water saved via the easiest conservation measures is simply reallocated to accommodate increasing population growth, it can make it difficult to achieve further cuts during a future decrease in supply - whether that decrease is a temporary drought emergency or a longer term impact to supply. If, for instance, climate change reduces available water more than predicted, or, further investigations into aquifer supply reveal that we are already over-drawing, then the impact of additional demand would be much greater than anticipated, and have unwelcome consequences. Therefore, it is crucial to keep in mind that conservation should not simply be reallocation of saved water, but also include building excess capacity into the system now for resiliency in an uncertain future. A thoughtful Drought Emergency Plan is also a critical component of a sustainable water conservation program. The City intends to continue to support efforts to refine information about our supply, and to be conscientious conservers - keeping an awareness of the pitfalls of demand hardening and the benefits of maintaining excess capacity in building long term system resilience.” Moab City Council Agenda Item Meeting Date: December 14th, 2021 Title: Water Conservation and Drought Management Board Bylaws Disposition: Vote and adopt Staff Presenter: Mila Dunbar-Irwin Attachment(s): Water Conservation and Drought Management Board Bylaws (redline) Recommended Motion: I move to approve the amended bylaws for the Water Conservation and Drought Management Board. Background/Summary: The Water Board has voted to update their bylaws changing the quorum from three to four members and adding a section on electronic meetings to allow for that option in perpetuity. The bylaws need Council approval to be adopted. MOAB CITY WATER CONSERVATION AND DROUGHT MANAGEMENT ADVISORY BOARD BYLAWS Adopted by unanimous vote of the Board on and amended by City Council with Ordinance XXXX-XX ARTICLE 1 – GENERAL PROVISIONS ARTICLE 2 – COMPOSITION OF BOARD, AND APPOINTMENT AND TERMS OF MEMBERS ARTICLE 3 – POWERS AND DUTIES ARTICLE 4 – CONDUCT OF WATER CONSERVATION BOARD MEMBERS ARTICLE 5 – MEETINGS AND ORGANIZATION ARTICLE 6 – PROCEDURE ARTICLE 7 – AMENDING BY-LAWS PURPOSE These policies and procedures are designed and adopted for the purpose of providing guidance and direction to the members of the Moab City Water Conservation and Drought Management Advisory Board, hereinafter referred to as the “Water Conservation Board,” in the performance of their duties. The Water Conservation Board shall be governed by the provisions of all applicable State statutes, City ordinances, and these rules. Nothing in these rules shall be interpreted to provide an independent basis for invalidating or in any way altering a final recommendation or decision of the Water Conservation Board. ARTICLE 1 – GENERAL PROVISIONS The Moab Water Conservation Board shall be governed by the following statutes, ordinances and rules: 1.1 Applicable State Statutes, Local Ordinances, and Rules. To the extent that they remain in force and in effect and as they may be amended from time to time, the Water Conservation Board and its members shall be governed by state statutes and local ordinance and policies including the following: a.State statutes applying to public boards, members and officials. b.The Moab City General Plan and Moab Municipal Code Book and other applicable ordinances and regulations approved by Moab City Council. c.The rules and policies of the Water Conservation Board as set forth herein. ARTICLE 2 – COMPOSITION OF BOARD, AND APPOINTMENT AND TERMS OF MEMBERS As amended by Moab City Ordinance 2018-04, The Moab Water Conservation and Drought Management Advisory Board (the Board) shall consist of seven members, six of whom shall be residents of the City of Moab. One member of the Board may be a resident of the Spanish Valley region. 2.2 All Board members shall be appointed by the Mayor and confirmed by action of the City Council. 2.3 The Moab Water Conservation and Drought Management Advisory Board will make recommendations to the Mayor regarding the filling of vacancies on the board. 2.4 For the first board appointments, four members shall be appointed for two-year terms, and three members for three-year terms. All subsequent appointments shall be for two -year terms. Board members are subject to reappointment for new terms and there shall be no limit to terms. ARTICLE 3 – POWERS AND DUTIES The Water Conservation Board shall have the following powers and duties: a.To prepare or cause to be prepared a Water Conservation Plan Update, or elements thereof, and to recommend pertinent elements of the General Plan, to the Moab City Council; b.To prepare or cause to be prepared amendments to such plans and elements thereof and to recommend the amendments to the Moab City Council; c.To review and make recommendations to the Moab City Council with regard to water conservation and drought management elements in areas such as Moab City land use and zoning documents, municipal water management policy, interlocal cooperation, and landscape ordinances; d.To initiate, review and make recommendations to the Moab City Council on topics related to water conservation and drought management public education campaigns, municipal budget expenditures, grant programs, City staffing, and code enforcement; e.To adopt by-laws, policies, procedures and regulations for the conduct of its meetings, and for any other purposes deemed necessary for the functioning of the Water Conservation Board; And f.To prepare and present an Annual Report to the Moab City Council, and to prepare and present updates on Water Conservation Board activities to the Moab City Council or appropriate staff as needed, including meeting minutes and recordings of their public meetings, as required by code. ARTICLE 4 – CONDUCT OF WATER CONSERVATION BOARD MEMBERS 4.1 Ethical Principles. The following ethical principles shall guide the actions of the Water Conservation Board and its members in carrying out the powers and duties described above: a.Serve the Public Interest. The primary obligation of the Water Conservation Board and each member is to serve the public interest. b.Support Citizen Participation in Planning. The Water Conservation Board shall ensure a forum for meaningful citizen participation and expression in the planning process, and assist in the clarification of community goals, objectives and policies. c.Avoid Conflicts of Interest. Water Conservation Board members shall avoid conflicts of interest and even the appearance of impropriety. A Water Conservation Board member with a potential conflict of interest shall make the interest public, abstain from voting on the matter, not participate in any deliberations on the matter, and leave any chamber in which such deliberations are to take place. d.Render Thorough and Diligent Planning Service. If a Water Conservation Board member has not sufficiently reviewed relevant facts and advice affecting a public decision, that Water Conservation Board member should not participate in that discussion. e.Not Disclose or Improperly Use Confidential Information for Financial Gain. A Water Conservation Board member shall not disclose or improperly use confidential information for financial gain, and must not disclose to others confidential information acquired in the course of his/her duties, or use it to further a personal interest. f.Ensure Full Disclosure at Public Meetings. The Water Conservation Board member shall ensure that the presentation of information on behalf of any party to a question occurs only at the scheduled public meeting on the question, not in private, unofficially, or with other interested parties absent, and must make partisan information regarding the question received by mail, telephone, or any other communication, part of the public record. g.Respect for and Courtesy to Other Water Conservation Board Members, Public and Staff. Each Water Conservation Board member has the same rights and privileges as any other member. Any Water Conservation Board member has the right to be heard and to hear what others have to say about items being considered by the Water Conservation Board. 4.2 Ex-parte Communications. Pre-arranged private meetings between a Water Conservation Board member and an individual(s) and their agents, or other interested parties with a matter pending before the Water Conservation Board are prohibited. Partisan information on any application received by a Water Conservation Board member, whether by mail, telephone, or other communication, should be avoided. When such communication does occur it must be made part of the public record by the Water Conservation Board member. 4.3 Attendance. Each Water Conservation Board member shall be responsible for attending at least seventy-five percent of the regularly scheduled meetings within the calendar year. Attendance may be in-person, by telephone, or by electronic conferencing means. Should circumstances arise where a Water Conservation Board member is unable to attend a scheduled meeting, the Water Conservation Board member shall be responsible for notifying the appropriate City staff or Water Conservation Board Chairperson as soon as possible. Water Conservation Board members who fail to attend seventy-five percent of the meetings may be removed from the Water Conservation Board. ARTICLE 5 – MEETINGS AND ORGANIZATION 5.1 Regular Meetings. Regular meetings of the Water Conservation Board shall be scheduled at least four times per year unless there are mitigating circumstances, such as lack of a quorum, lack of items to be discussed, holidays and other circumstances. The regular meeting schedule shall be publicly noticed annually, as required by code. The Annual Meeting shall be held in the first quarter of each year. 5.2 Special Meetings, Work Sessions and Field Trips. Special meetings, work sessions and field trips for any purpose may be held at the call of the chair or the Moab City Council. Work session and field trip meetings shall be for discussion and informational purposes only; no action shall be taken on any item. 5.3 Open to the Public. All regular, special, work session and field trip meetings of the Water Conservation Board are open to the public and will be noticed in accordance with the requirements of The Open and Public Meetings Act. 5.4 Officers. At an annual organization meeting to be held at the first regular meeting at the commencement of each calendar year, the members of the Water Conservation Board shall elect one (1) of its members as Chair and one (1) as Vice Chair. In the absence of the Chair, the Vice Chair shall act as Chair and shall have all powers of the Chair. If both the Chair and Vice Chair are absent or unable to preside over the meeting, the Water Conservation Board members present shall appoint a temporary Chair to preside. The Chair shall serve a term of one (1) year. No member shall serve as Chair for more than two (2) consecutive one (1) year terms. If the Chair leaves the Water Conservation Board during an appointed term, the Vice Chair shall succeed to the office of Chair for the remainder of the term. If the Vice Chair leaves the Water Conservation Board or succeeds to office of Chair, the Water Conservation Board, at its next regularly scheduled meeting, shall hold an election to fill the vacancy of Vice Chair. Chair and Vice-Chair appointments shall be affirmed at their Annual Meeting in the first quarter of each year. 5.5 Role of the Chair. The Chair shall be in charge of all proceedings before the Water Conservation Board, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the Water Conservation Board. Whenever the Chair rules a motion out of order, the Chair shall explain why it is so, and advise the mover of corrections needed to make the motion in order. ARTICLE 6 – PROCEDURE 6.1 Quorum and Necessary Vote. No regular or special meeting of the Water Conservation Board at which action may be taken may be called to order, or items voted upon, by the Water Conservation Board without a quorum consisting of at least four (4) members of the Water Conservation Board being present. When only four (4) members are present, a unanimous vote of all members in attendance is required for approval of final action. A quorum is not required to hold a work session or field trip, so long as notice is given in accordance with The Open and Public Meeting Act. 6.2 Forms and Procedures of Decisions and Motions. Robert’s Rules of Order Newly Revised, shall be used by the Chair as a general guide. 6.3 Motions. Any Water Conservation Board member, including the Chair, may make or second a motion. a.Motions should be supported by reasons. The person making the motion is encouraged to state the reasons and finding(s) supporting the motion at the time the motion is made. Any conditions for approval shall be stated. b.Motions may be repeated for clarification following discussion and prior to the vote at the request of any Water Conservation Board member. c.The Water Conservation Board may request legal advice from the City Attorney in the preparation, discussion and deliberation of motions and findings in support of any motion. 6.4 Voting. All Water Conservation Board members, including the Chair, are entitled to vote. No Water Conservation Board member shall discuss or vote on any matter except after attending the public meeting(s) and/or hearing(s) on the matter and listening to all testimony presented. A member may qualify to participate in further discussion and vote on the matter by examining the evidence and reviewing the record of the meeting(s) and/or hearing(s) at which the member was absent. 6.5 Rules of Order. In accordance with these rules, the Chair shall decide all points of procedure and order unless otherwise directed by a majority vote of the members in attendance. 6.6 Conduct During Public Hearings. During all meetings and hearings, persons providing testimony shall proceed without interruption except that of the Water Conservation Board. All comments, arguments and pleadings shall be addressed to the Chair. There shall be no debate or argument between individuals. The Chair shall maintain order and decorum, and, to that end, may order removal of disorderly or disruptive persons. ARTICLE 7 - ELECTRONIC MEETINGS A. Electronic Meetings Authorized. Water Conservation Board members, and/or City staff may participate in a meeting of the Water Conservation Board electronically as provided in this Article. All actions taken at an electronic meeting held in compliance with this Article are valid and binding to the same extent as if all participants had been physically present at the anchor location. B. Definitions. The definitions in Utah Code Annotated §52-4-103, the Open and Public Meetings Act, shall apply to this Article with the addition of the following definitions: 1. “Anchor location” means the Moab City Council Chambers, or any other physical location where a meeting is held and from which the electronic meeting originates. 2. “Appointed officials” means the Water Conservation Board members. 3. “Remote location” means any place, other than the anchor location, where a Water Conservation Board member or City staff may be located, and where meeting participants can establish real-time audio and/or video telecommunication access to the meeting. C. Quorum for Electronic Meetings. 1. As otherwise defined in this chapter, a majority of the Water Conservation Board constitutes a quorum for the transaction of business. A quorum of the Water Conservation Board must be present to convene an electronic meeting but need not be present at the anchor location. Water Conservation Board members and/or City staff may participate in an electronic meeting from a remote location. 2.  Water Conservation Board members participating in an electronic meeting from a remote location shall be considered present and are authorized to vote and otherwise participate in the meeting as if they were present at the anchor location. 3. In the event of an equipment failure, or other similar event which causes an interruption of communication with a remote location, the Water Conservation Board has discretion to either: (a) act on the matters up for consideration on its agenda provided that a quorum is still present; or (b) continue the matter to a subsequent meeting. D. Procedures for Electronic Meetings. 1. Notice of any electronic meeting of the Water Conservation Board shall be given in the same manner as provided for all other Water Conservation Board meetings except that the notice shall indicate that the meeting will be electronic and shall comply with Utah Code Annotated 52-4-207(3)(b) which requires: “notice of the electronic meeting to the members of the public body at least 24 hours before the meeting so that they may participate in and be counted as present for all purposes, including the determination that a quorum is present; and a description of how the members will be connected to the electronic meeting.” 2. Meeting procedures for electronic meetings of the Water Conservation Board shall be the same as for non-electronic meetings, except as noted below. 3.  Water Conservation Board members and City staff shall be connected in such a manner that comments made by them will be broadcast to the public. The Recorder will take a verbal roll- call for elected officials present. The presiding officer shall allow remote participants to participate in the discussion to the same extent as if they were present at the anchor location. 4. Matters called to a vote in an electronic meeting shall be via roll-call vote, and Water Conservation Board members (if applicable) participating from a remote location must state their name and their vote audibly when asked by the Recorder. 5. Minutes of all meetings shall record the presence of members participating through electronic means. 6.  Water Conservation Board members may participate in a closed session of the Water Conservation Board via electronic means. The closed session will be recorded as allowed by this Article but will not be broadcast. 7. All electronic meetings of the Water Conservation Board shall be chaired by the presiding officer whether at the anchor location or whether participating remotely. ARTICLE 8 – AMENDING BY-LAWS 8.1 Amending By-Laws. These by-laws may be amended by a majority vote of the Water Conservation Board, except where such amendments would be contrary to the requirements or limitations set forth by State Law or Moab Municipal Code. An amendment may be proposed at any regular meeting of the Water Conservation Board. Members shall receive a copy of the proposed amended by-laws not less than one week prior to the meeting at which said proposed changes shall be heard. Moab City Council Agenda Item Meeting Date: November 5, 2021 Title: Consideration and Possible Approval of a Development Agreement for 398 Kane Creek Blvd Parcel 01-0001-0173 between JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT (“Developer”) and the CITY OF MOAB, UT Presenters: Nora Shepard, Planning Director Cory Shurtleff, Assistant Planner Attachment(s): Attachment A: Draft Development Agreement Recommended Motion: “I move to approve the Development Agreement for 398 Kane Creek Blvd Parcel 01-0001-0173 between JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT (“Developer”) and the CITY OF MOAB, UT. Background/Summary: Background: Jacob Satterfield, the applicant for the Kane Creek Village Rezone, submitted a rezone application on March 8, 2021, for the rezone of the entire parcel from RA -1 zone to R-3 zone. This application was reviewed by the Planning Commission on May 13, 2021, and received a positive recommendation to City Council. The City Council reviewed this rezone application on May 25, 2021, and denied the rezone. A new application for a Rezone for the 7.98 acres of the 9.98 acre parcel located at approximately 389 Kane Creek Blvd was submitted on August 3, 2021. The new application requests that 2 acres remain in RA-1 (that could be split into 2 1-acre parcels). The remainder of the parcel (7.78) acres is being considered for the rezone. This application for the RA-1 and R-3 zoned parcel was reviewed by City Staff and the Development Review Team. Notice of the public hearing was published as required by the Moab Municipal Code (MMC) and notices were sent to adjacent property owners. Jacob Satterfield is negotiating with the property owner, Neil Johnson to purchase the property. Mr. Johnson has given Mr. Satterfield permission to file the application for a change to the zoning. There is no specific project being proposed at this time as this request is for a rezone only. If the rezone is granted, the applicant has indicated that he is interested in applying for “entry level housing.” The Planning Commission did not reviewing a specific application at this time. The City is not initiating this rezone request. Any property owner can, if they wish, seek to rezone property. The applicant has provided a sketch plan as an idea of the type and intensity of a project if 7.78 parcel is rezoned to R-3. The Rezone to R-3 is not dependent on a specific plan. Once the property is rezoned, the property owner or potential buyer could propose a different plan that would have to comply with the R -3 zoning. The sketch plan that has been presented shows 174 units in a mix of townhomes and apartments. The maximum possible on the site would be 161 units and would have to provide common area and adequate parking. The Rezone Request is on the agenda for consideration and approval. This DA could be approved separate and prior to that action. Development Agreement: The R-3 Zone does contain a requirement that any of the density be considered affordable for employees working in and around Moab. The City Council has adopted Resolution 33-2021 directing city staff to evaluate zoning in the R-3 and R-4 zones and recommend amendments that would include a requirement for some of the density to be suitable for employee housing. The applicant agreed to enter into a Development Agreement between the City and the applicant that states that 33% of the density that is ultimately approved through the Site Plan Review process, will be occupied by “Active Employee Households.” The City retained outside legal counsel to draft such a Development Agreement. The draft agreement was reviewed by City Staff and forwarded to the applicant on November 3, 2021. Mr. Satterfield notified staff that he is willing to sign the agreement as drafted. Prior to this action, the City Council was asked to consider entering into the Development Agreement. The draft agreement is attached as Exhibit I for your review and consideration. 4827-5593-8558, v. 3 1 WHEN RECORDED RETURN TO: Grand County Recorder DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOAB AND BLUE BISON DEVELOPMENT THIS DEVELOPMENT AGREEMENT (the “Agreement”) is entered into this _____ day of _______________________, 2021 (the “Effective Date”), by and between JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT (“Developer”) and the CITY OF MOAB, a municipality and political subdivision of the State of Utah (the “City”). Developer and the City are hereinafter sometimes referred to individually as a “Party” or collectively as the “Parties.” RECITALS A. Developer is or will soon be the owner of approximately 9.98 acres of real property located within the boundaries of the City as more particularly described in Exhibit A (the “Property”). B. Developer has made application to the City for a general plan map amendment and zoning map amendment to rezone a portion of the Property as shown on Exhibit B (the “Rezone Section”) as R-3 Multi-Household Residential for the purpose of constructing a multi-family residential development consisting of 175 residential units and other related improvements on such portion of the Property (the “Project”). C. The intent of this Agreement is to facilitate the consideration of a Rezone from RA- 1 Agricultural-Residential Zone to the R-3 Multi-household Zone to provide for the inclusion of a specified number of residential units within the Project that are available for occupancy only by Actively Employed Households (defined below). D. The City, acting pursuant to its authority under UTAH CODE ANN. §§ 10-9a-101, et seq., has made certain determinations with respect to the Property and the Project and, in the exercise of its legislative discretion, has elected to process and approve this Agreement prior to final action on the Rezone request. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Incorporation of Recitals. The Recitals and Exhibits are hereby incorporated by reference as part of this Agreement. 2. Conditions Precedent. 4827-5593-8558, v. 3 2 2.1. Closing of Property Transactions. As a condition precedent to the obligations of the Parties hereunder, this Agreement is contingent upon and shall only become effective at such time, and in the event that, Developer closes on the sale of the Property. In the event that the sale fails to close, this Agreement shall be of no further force and effect and the Property shall revert to the pre-existing, underlying zoning districts in which the Property is currently located. The current owner of the Property, Neil Bruce Johnson, shall have no vested rights pursuant to this Agreement. 2.2. Approval of Zoning by City Council. As a second and additional condition precedent to the obligations of the Parties hereunder, this Agreement is contingent upon and shall only become effective at such time, and in the event that, the Moab City Council, in the independent exercise of its legislative discretion, elects to approve the proposed rezoning of the Rezone Section to the R-3 Zone. This Agreement is not intended to and does not affect or in any way bind or supersede the independent exercise of legislative discretion by the City Council in deciding whether to approve or deny the application for the rezoning of the Rezone Section. 2.3. Site Plan Approval. Developer shall develop the Rezone Section generally in accordance with the site-specific land uses allowed and the development standards set forth in the Moab City Code (the “Code”) and applicable to the R-3 Zone. This Agreement is not intended to and does not affect or in any way bind the City to approve any Site Plan proposed by Developer that does not comply with Section 17.67.060 of the Code or relieve Developer of complying with Chapter 17.67. 3. Specific-Development Standards. (a) The capitalized terms set forth below shall have the indicated meanings: “Active Employment 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 the City of Moab or Grand County; or (2) an owner or owner’s representative of a business or entity with a primary place of business within the City of Moab; 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 the City of Moab; or (4) a person who is unable to work or does not have a work history required under subsections 1 through 3 above due to a disability; or (5) a retiree with a work history required under subsections 1 through 3 above for the five years prior to retirement. “Active Employment Unit” means a dwelling in the Project that is required to be occupied by an Active Employment Household defined as follows: 4827-5593-8558, v. 3 3 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 “Daily Rate” initially means One Hundred Dollars ($100.00) per day, which Daily Rate shall increase by the amount of three percent (3%) per annum, commencing on January 1, 2022 and on January 1st of each calendar year thereafter. (b) Developer agrees that not less than thirty-three percent (33%) of the number of dwellings eventually approved as part of a Site Plan process for the Project shall be deed restricted to be Active Employment Units. Prior to preliminary and final plat approvals for any phase of the Project the Active Employment Units shall be identified on the preliminary and final plat for such phase. (c) The Active Employment Units shall be ready for occupancy no later than the date of the initial or temporary occupancy of any free market units within the Project or applicable phase thereof. If the free market units are developed in phases, then the Active Employment Units may be developed in proportion to the phasing of the free market units, e.g. not less than 33% of the units developed for occupancy in any phase shall be Active Employment Units. (d) Except as otherwise agreed to by the City and the Developer, or its successors and assigns, Active Employment Units shall only be occupied by households who qualify as Active Employment Households. Active Employment Units shall be occupied by Active Employment Households a minimum of nine (9) months per calendar year. (e) Developer intends, declares and covenants, on behalf of itself, all future owners of the project subject to the Rezone, and all parties that obtain any interest in any dwelling within the 4827-5593-8558, v. 3 4 Project, that this Agreement and the covenants and restrictions set forth herein regulating the use and occupancy of the Active Employment Units shall be covenants running with the portion or land requesting rezone, and the land and improvements constituting the Active Employment Units, and, for the benefit of the City, shall encumber the Rezone Property and such Active Employment Units, and shall be binding upon the Developer, all subsequent owners of the Active Employment Units, and any other party with an interest in any portion of an Active Employment Unit or the Rezone Section prior to the creation of the Active Employment Units required hereunder. Developer agrees, prior to the issuance of a building permit for the construction of the Project, or any phase thereof, to record a restrictive covenant on each Active Employment Unit to be constructed (or to be constructed in the applicable phase) reflecting the use and occupancy restrictions applicable to such Active Employment Unit in form and substance acceptable to the City. (f) The restrictive covenant shall extend for a period of not less than 99 years from the date of recording and, at a minimum, recognize the following default conditions and impose the following penalty. It will be a default of the restrictive covenant if the Active Employment Unit is occupied by any household that is not an Active Employment Household, if, 30 days after written notice from the City, the Active Employment Unit it not occupied by an Active Employment Household. Likewise, it will be a default of the restrictive covenant if the Active Employment Unit is not occupied by an Active Employment Household for more than ninety (90) days in any calendar year, if, 30 days after notice from the City, the Active Employment Unit is not occupied by an Active Employment Household. In the event of default, monetary penalties may be assessed by the City against the Active Employment Unit owner in an amount equal to the number of days that the Active Employment Unit is not occupied by an Active Employment Household multiplied by the Daily Rate, commencing on the date of the City’s written notice of default and continuing thereafter until the date that the default is cured. The City reserves the right to seek specific performance of the restrictive covenant and judicial enforcement of the foregoing penalties, including seeking a judgment lien and foreclosure. 4. Approval Process for Development Applications. The City shall process applications for development of the Project in accordance with the provisions of the Code. Developer expressly acknowledges and agrees that nothing in this Agreement shall be deemed to relieve it of the obligation to comply with all of the applicable requirements for approval of preliminary and final subdivision plats, or preliminary and final site plans, as applicable, for the proposed development of the Project consistent with the terms and conditions of this Agreement and the applicable provisions of the Code. 5. Phasing. Developer may develop the Project in several phases as market conditions dictate as long as (1) each phase provides for the logical extension of infrastructure and utilities as approved by the City and in compliance with the terms of this Agreement and the applicable provisions of the Code, and (2) not less than 33% of the dwellings in each phase shall be Active Employment Units. All phasing decisions for the Project shall constitute minor modifications. Developer agrees to proceed with construction of the Project with reasonable diligence consistent with a site plan for the Project, which site plan must be approved by the City pursuant to the City’s site plan approval process. 4827-5593-8558, v. 3 5 6. Payment of Fees. 6.1. Development Application and Review Fees. Developer shall pay to the City all of the fees, including, but not limited to, application fees, impact fees and connection fees for review and approval of development of any and all phases of the Project in the amounts set forth in the City’s Master Fee Schedule. 6.2. Other Fees. The City may charge other fees in existence as of the date of this Agreement, including, without limitation, standard building permit review, and inspection fees for improvements to be constructed on improved parcels that are generally applicable to other developments within the City. 6.3. Reservation of Right to Challenge Fees. Notwithstanding any provision of this Agreement, the Developer does not waive Developer’s rights under any applicable law to challenge the reasonableness or legality of the amount or imposition of any fees. 7. Vested Rights. 7.1. Vested Rights. If the rezone is approved and once a specific Site Plan Approval has been approved, Developer shall have the vested right to develop and construct the Project in accordance with and subject to compliance with the terms and conditions of this Agreement, the R-3 Zone, Site Plan requirements and other applicable provisions of the Code as of the Effective Date. If no substantial construction has been initiated as part of the Project within two (2) years of the date of this Agreement plus any period of force majeure, the City may consider rezoning the property to revert back to the zoning districts that existed prior to the approval of the R-3 Zone. To the extent that there is any conflict between the text portion of this Agreement and the Exhibits, the more specific language or description, as the case may be, shall control. Where any conflict or ambiguity exists between the provisions of the Code and this Agreement (including the Exhibits to this Agreement), this Agreement shall govern. Notwithstanding the foregoing, the rights vested as provided in this Agreement are not exempt from the application of the Code and to subsequently enacted ordinances to the extent, but only to that extent, that failure to apply such subsequently enacted ordinance would impair the City’s reserved legislative powers in Section 8.2. 7.2. Contingency. If the City Council does not approve the Rezone application, this agreement shall be considered null and void. 7.3. Reserved Legislative Powers. The Parties acknowledge that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions set forth herein are intended to reserve to the City those police powers that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under the police powers, such legislation shall only be applied to modify any development standards that are applicable to the Project under the terms of this Agreement based upon policies, facts and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine of the State of Utah. Any such proposed legislative changes shall be of general application to all development activity in the City; and, unless the City declares an emergency, Developer shall be entitled to prior written notice and an opportunity to be heard with respect to any proposed 4827-5593-8558, v. 3 6 change and its applicability to the Project under the compelling, countervailing public interest exception to the vested rights doctrine. 8. Infrastructure and the Provision of Municipal Services. 8.1. Construction of Necessary Infrastructure to Service the Project Developer shall have the obligation to construct or cause to be constructed and installed all of the public or private infrastructure, including, but not limited to, roads and utilities, which are located on and necessary to service any portion of the Property, as applicable, as part of the Project, which are the subject of an application for development approval, and any off-site improvements necessary to connect to existing utilities. 8.2. Third Party Service Providers. The Parties understand and acknowledge that the the Developer shall be responsible to obtain the approval and incur the costs of constructing any off-site and on-site infrastructure and improvements from third party service providers including, but not limited to, [Rocky Mountain Power, Questar Gas and [INSERT]] that are necessary to service any portion of the Property, as applicable, as part of the Project. 8.3. Maintenance of Private Roads and Improvements. Developer shall have the duty to maintain all private roads and areas designated as such on subdivision plats that are located within that portion of the Project constructed on the Property, if any. 8.4. City Provided Services. The City agrees that it shall make available to the Project (subject to completion of the Developer’s construction of the improvements Developer is required to construct hereunder, and where applicable, application for service, issuance of applicable permits and payment of connection fees and applicable commodity usage rates) 9. Term of Agreement. The term of this Agreement (the “Term”) shall be for a period of five (5) years following the date of its execution by all Parties, unless it is terminated earlier or its Term is modified by written amendment to this Agreement, but the terms of this Agreement shall continue to be effective as to applications that have been subm itted and development that has occurred within the Project notwithstanding the termination of this Agreement. 10. Successors and Assigns. 10.1. Binding Effect. This Agreement shall be binding upon the Parties and their respective successors and assigns in so far as it pertains to the ownership or development of any portion of the Property and the Project. 10.2. Assignment. Neither this Agreement nor any of its provisions, terms or conditions may be assigned to any other party, individual or entity without assigning the rights as well as the responsibilities under this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. Any such request for assignment may be made by letter addressed to the City as provided herein and the prior written consent of the City may also be evidenced by letter from the City to Developer or its successors or assigns. 11. Default. 4827-5593-8558, v. 3 7 11.1. Notice. If Developer or the City fail to perform their respective obligations hereunder or to comply with the terms hereof, the party believing that a default has occurred shall provide notice to the other party as provided herein. If the City believes that the default has been committed by Developer, then the City shall also provide a courtesy copy of the notice to Developer. 11.2. Contents of the Notice of Default. The Notice of Default shall: 11.2.1. Claim of Default. Specify the claimed event of default; 11.2.2. Identification of Provisions. Identify with particularity the provisions of any applicable law, rule, regulation or provision of this Agreement that is claimed to be in default; 11.2.3. Specify Materiality. Identify why the default is claimed to be material; and 11.2.4. Optional Proposed Cure. If the City chooses, in its discretion, propose a method and time for curing the default which shall be of no less than sixty (60) days duration. 11.3. Meet and Confer. Upon the issuance of a Notice of Default, the Parties shall meet within ten (10) business days and confer in an attempt to resolve the issues that are the subject matter of the Notice of Default. 11.4. Remedies. If, after meeting and conferring, the Parties are not able to resolve the default, then the Parties may have the following remedies: 11.4.1. Legal Remedies. The rights and remedies available at law and in equity, including, but not limited to injunctive relief, specific performance and termination, but not including damages or attorney’s fees. 11.4.2. Enforcement of Security. The right to draw on any security posted or provided in connection with the Project and relating to remedying of the particular default. 11.4.3. Withholding Further Development Approvals. The right to withhold all further reviews, approvals, licenses, building permits and/or other permits for development of the Project on those properties owned by the defaulting party. 11.5. Public Meeting. Before any remedy in Section 12.4 may be imposed by the City, the party allegedly in default shall be afforded the right to attend a public meeting before the Council and address the Council regarding the claimed default. 11.6. Emergency Defaults. Anything in this Agreement notwithstanding, if the Council finds on the record that a default materially impairs a compelling, countervailing interest of the City and that any delays in imposing such a default would also impair a compelling, countervailing 4827-5593-8558, v. 3 8 interest of the City then the City may impose the remedies of Section 12.4 without meeting the requirements of Section 12.5. The City shall give Notice to Developer and/or any applicable successor or assign of any public meeting at which an emergency default is to be considered and the allegedly defaulting party shall be allowed to address the Council at that meeting regarding the claimed emergency default. 11.7. Extended Cure Period. If any default cannot be reasonably cured within sixty (60) days then such cure period may be extended as needed, by agreement of the Parties for good cause shown, so long as the defaulting party is pursuing a cure with reasonable diligence. 11.8. Cumulative Rights. The rights and remedies set forth herein shall be cumulative. 11.9. Force Majeure. All time periods imposed or permitted pursuant to this Agreement shall automatically be extended and tolled for: (a) period of any and all moratoria imposed by the City or other governmental authorities in any respect that materially affects the development of the Project; or (b) by events reasonably beyond the control of Developer including, without limitation, inclement weather, war, strikes, unavailability of materials at commercially reasonable prices, pandemics and acts of God, but which does not include financial condition of the Developer or its successors. 12. Notices. Any notices, requests and demands required or desired to be given hereunder shall be in writing and shall be served personally upon the Party for whom intended or if mailed be by certified mail, return receipt requested, postage prepaid to such Party at its address shown below: To the Developer: [INSERT] To the City of Moab: Moab City Attn: City Manager 217 E. Center Street Moab, Utah 84532 With a copy to: Moab City Attorney’s Office Attn: City Attorney 217 E. Center Street Moab, Utah 84532 Any Party may change its address or notice by giving written notice to the other Parties in accordance with the provisions of this Section. 4827-5593-8558, v. 3 9 GENERAL TERMS AND CONDITIONS 1. Agreement to Run with the Land. This Agreement shall be recorded in the Office of the Grand County Recorder against the Property and is intended to and shall be deemed to run with the land and shall be binding on all successors in the ownership and development of any portion of the Property. This Agreement shall not be recorded before Developer purchases the Property. 2. Entire Agreement. This Agreement, together with the Exhibits hereto, integrates and constitutes all of the terms and conditions pertaining to the subject matter hereof and supersedes all prior negotiations, representations, promises, inducements, or previous agreements between the Parties hereto with respect to the subject matter hereof. Any amendments hereto must be in writing and signed by the respective Parties hereto. 3. Headings. The headings contained in this Agreement are intended for convenience only and are in no way to be used to construe or limit the text herein. 4. Non-Liability of City Officials or Employees. No officer, representative, agent, or employee of the City shall be personally liable to Developer, or any successor-in-interest or assignee of Developer, in the event of any default or breach by the City or for any amount which may become due to Developer, or its successors or assignees, for any obligation arising out of the terms of this Agreement. 5. No Third-Party Rights. The obligations of the Parties set forth in this Agreement shall not create any rights in or obligations to any persons or parties other than to the City and Developer. The City and Developer alone shall be entitled to enforce or waive any provisions of this Agreement to the extent that such provisions are for their benefit. 6. Severability. Should any portion of this Agreement for any reason be declared invalid or unenforceable, the invalidity or unenforceability of such portion shall not affect the validity of any of the remaining portions, and the same shall be deemed in full force and effect as if this Agreement had been executed with the invalid portions eliminated. 7. Waiver. No waiver of any of the provisions of this Agreement shall operate as a waiver of any other provision regardless of any similarity that may exist between such provisions, nor shall a waiver in one instance operate as a waiver in any future event. No waiver shall be binding unless executed in writing by the waiving Party. 8. Survival. All agreements, covenants, representations, and warranties contained herein shall survive the execution of this Agreement and shall continue in full force and effect throughout the term of this Agreement. 9. Public Information. The Parties understand and agree that all documents related to this agreement will be public documents, as provided in UTAH CODE ANN. § 63G-2-101, et seq. 10. Governing Law. This Agreement and the performance hereunder shall be governed by the laws of the State of Utah. 4827-5593-8558, v. 3 10 11. Counterparts. This Agreement may be executed in multiple counter-parts which shall constitute one and the same document. (Signatures begin on following page) 4827-5593-8558, v. 3 11 IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, Grand County, State of Utah, pursuant to Resolution No. ____-_____, authorizing such execution, and by a duly authorized representative of Developer as of the above-stated date. CITY OF MOAB, a Utah municipality and political subdivision of the State of Utah. By: Mayor Emily Niehaus ATTEST: ____________________________ Sommar Johnson, Moab City Recorder APPROVED AS TO FORM: ___________________________________ _______________________, City Attorney 4827-5593-8558, v. 3 12 JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT By: Its: ______________________________ STATE OF UTAH ) :ss. COUNTY OF GRAND ) On the day of ___________________, 2021, personally appeared before me ___________________, who being duly sworn, did say that he/she is the __________________ of JSATT CORP, a Utah corporation, and that the foregoing instrument was signed in behalf of said corporation and said ________________ duly acknowledged to me that he executed the same for the purposes therein stated. ______________________________ NOTARY PUBLIC 4827-5593-8558, v. 3 13 Exhibit A To Development Agreement (Legal Description of Property) BEG AT A PT WHICH BEARS N 144 FT± FROM THE SE COR NW¼SW¼ SEC 1 T26S R21E; TH N 478 FT± ALONG THE W SIDE OF NE¼SW¼; TH E ALONG THE N SIDE OF SW¼NE¼SW¼ A DIST OF 639.6 FT TO A PT ON A FENCE; TH S 00°55'W 164.8 FT ALONG THE FENCE; TH S 49°38'W 102.4 FT ALONG FENCE; THENCE S 72°46'W 81.3 FT ALONG FENCE; TH S 37°05'W 22.1 FT ALONG FENCE; TH S 18°05'W 104.3 FT ALONG FENCE; TH S 31°09'E 245.1 FT ALONG FENCE; TH S 17°29'E 28.6 FT ALONG FENCE; TH S 70°39'E 85.7 FT ALONG FENCE; TH S 09°29'E 142.5 FT ALONG FENCE TO A PT WHENCE THE S¼ COR SEC 1 T26S R21E BEARS S 29°35'E A DIST OF 1295.8 FT; TH S 69°36'W 240.7 FT ALONG FENCE; TH S 89°37'W 211.8 FT ALONG FENCE; TH N 0°03'W 400.1 FT ±; TH N 84°12'W 226.7 FT ± TO BEG Tax Parcel No. 01-0001-0173 4827-5593-8558, v. 3 14 Exhibit B To Development Agreement (Rezone Section) Moab City Council Agenda Item Meeting Date: November 5, 2021 Title: Public Hearing and Potential Action by the City Council on Proposed Ordinance #2021-15, An Ordinance Approving a Zoning Map Amendment for Property located at Parcel #01-0001-0173, approximately 398 Kane Creek Blvd, Moab UT 84532, changing 7.98 acres of the subject parcel zone from RA-1 Residential- Agricultural Zone to R-3 Multi-Household Residential Zone. Date Submitted: November 5, 2021 Staff Presenter: Nora Shepard, Planning Director Cory Shurtleff, Assistant Planner Property Owner: Neil Johnson Applicant: Jacob Satterfield, potential parcel purchaser (with permission of the property owner) Location: 389 Kane Creek Blvd, Moab, UT, 84537 Zoning: Currently Zoned RA-1 Residential – Agricultural Zone Requesting RA-1 and R-3 Multi-household Residential Zone Parcel Size: 9.98+/- acres, 7.98 acres to be rezoned to R-3 Parcel No: 01-0001-0173 Attachment(s): Exhibit A: Draft Ordinance 2021-15 Exhibit B: Vicinity Map with surrounding zoning Exhibit C: Vicinity Map with Proposed Zoning Exhibit D: RA-1 Zone Regulations 17.54 Exhibit E: PUD Code regulations 17.66 Exhibit F: R-3 Regulations 17.48 Exhibit G: Public Comments received Exhibit H: Minutes of the August 26, 2021 Planning Commission Meeting Exhibit I: Draft Development Agreement Options: 1. Approve Ordinance 2021-15 An Ordinance Approving a Zoning Map Amendment for Property located at Parcel #01-0001-0173, approximately 398 Kane Creek Blvd, Moab UT 84532, changing the 7.78 acres of the subject parcel zone from RA-1 Residential-Agricultural Zone, to R-3 Multi-Household Residential Zone. 2. Continue or table action to a later meeting with specific direction to City Staff and Applicant as to additional information needed to make a decision; or 3. Deny the Rezone request Motion for Approval: I move to approve Ordinance 2021-15 An Ordinance Approving a Zoning Map Amendment for Property located at Parcel #01-0001-0173, approximately 398 Kane Creek Blvd, Moab UT 84532, changing 7.98 acres of the subject parcel zone from RA-1 Residential-Agricultural Zone to R-3 Multi-Household Residential Zone. 2 Background: Jacob Satterfield, as the applicant, previously submitted a rezone application on March 8, 2021, for the rezone of the entire parcel from RA -1 zone to R-3 zone. This application was reviewed by the Planning Commission on May 13, 2021, and received a positive recommendation to City Council. The City Council reviewed this rezone application on May 25, 2021, and denied the rezone. A new application for a Rezone for the 9.98 acre parcel located at approximately 389 Kane Creek Blvd was submitted on August 3, 2021. The new application requests that 2 acres remain in RA-1 (that could be split into 2 1-acre parcels). The remainder of the parcel (7.78) acres is being considered for the rezone. This application for the RA-1 and R-3 zoned parcel was reviewed by City Staff and the Development Review Team. Notice of the public hearing was published as required by the Moab Municipal Code (MMC) and notices were sent to adjacent property owners. Jacob Satterfield is negotiating with the property owner, Neil Johnson to purchase the property. Mr. Johnson has given Mr. Satterfield permission to file the application for a change to the zoning. There is no specific project being proposed at this time as this request is for a rezone only. If the rezone is granted, the applicant has indicated that he is interested in applying for “entry level housing.” The Planning Commission did not reviewing a specific application at this time. The City is not initiating this rezone request. Any property owner can, if they wish, seek to rezone property. The applicant has provided a sketch plan as an idea of the type and intensity of a project if 7.78 parcel is rezoned to R-3. The Rezone to R-3 is not dependent on a specific plan. Once the property is rezoned, the property owner or potential buyer could propose a different plan that would have to comply with the R-3 zoning. The sketch plan that has been presented shows 174 units in a mix of townhomes and apartments. The maximum possible on the site would be 161 units and would have to provide common area and adequate parking. The Planning Commission held a public hearing on August 26, 2021 and forwarded a positive recommendation to the City Council. Development Agreement: The R-3 Zone does contain a requirement that any of the density be considered affordable for employees working in and around Moab. The City Council has adopted Resolution 33-2021 directing city staff to evaluate zoning in the R-3 and R-4 zones and recommend amendments that would include a requirement for some of the density to be suitable for employee housing. The applicant agreed to enter into a Development Agreement between the City and the applicant that states that 33% of the density that is ultimately approved through the Site Plan Review process, will be occupied by “Active Employee Households.” 3 The City retained outside legal counsel to draft such a Development Agreement. The draft agreement was reviewed by City Staff and forwarded to the applicant on November 3, 2021. Mr. Satterfield notified staff that he is willing to sign the agreement as drafted. Prior to this action, the City Council was asked to consider entering into the Development Agreement. The draft agreement is attached as Exhibit I. Project Summary: Parcel Description – The property being considered for rezone has frontage on Kane Creek Blvd. While the County has not assigned an official address since there is no development on the parcel, the address will be 389 Kane Creek Blvd. Exhibit B is a location Map. As mentioned, the parcel is 9.98 acres and is currently undeveloped. It is in a pocket of RA-1 Residential-Agricultural Zoning. The character of this pocket of development is primarily larger lots. There is no City Sewer in this pocket of development and most of t he homes have septic tanks for wastewater. Any future development of this parcel would have to hook up to existing city sewer. The subject parcel has frontage on Kane Creek Drive. Surrounding Zoning includes: RA-1 Residential-Agricultural R-3 Multi-household Residential I-1 Industrial Floodway (Pack Creek) C-3 Central Commercial (across Pack Creek) Exhibit B shows the subject parcel and the existing zoning in the vicinity. The parcel across Kane Creek Blvd is zoned R-3 and contains multifamily units. The Industrial Zone is adjacent to the parcel on the west side. The Pack Creek Floodway borders the property to the east and all other surrounding parcels are RA -1. Exhibit C shows the subject parcel with the proposed 2+/- acres of RA-1 zoning, and 7.98+/- acres of R-3 zoning. The applicant is proposing that two acres of the parcel remain RA-1 to provide a low-density buffer along the border of the property that abuts adjacent RA-1 property. The remainder of the parcel is proposed as R-3 zone, which would allow for multi- household residential development along the Pack Creek Floodway and Kane Creek Blvd. Process: Zoning Map Change Criteria Section 17.04.060 of the Moab Municipal Code sets forth criteria to consider when reviewing a Zoning Map Amendment. The criteria are listed below followed by the applicant’s response to the criteria (in red). City Staff comments follow the applicant’s responses. 17.04.060 Map amendment and approval criteria. The Planning Commission and City Council shall consider the following criteria in reviewing a proposed map amendment. A. Was the existing zone for the property adopted in error? Applicant: No. 4 Staff Comment: No, the existing zone was not likely adopted in error. This area is an enclave of lower density lots. B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? Applicant: Yes, the character of the area has changed, including some zone changes, new growth trends and the need for development transitions. We are working with the city to make the character changes as gradual as possible. Where the lot borders 1 acre properties, we are leaving two lots at 1 acre. Where the property borders multi-family units with higher density, we are asking for that zoning to be carried across the street. Staff Comment: Yes, there has been a gradual change of character in the area. Multi-household projects have been, or are planned to be, built in the vicinity . C. Is there a need for the proposed zoning within the area or community? Applicant: Absolutely. When local residents are being priced out of the real estate market, when police officers and medical care providers cannot afford to live in the city, there is a desperate need to change the zoning to allow partners who care about the community to bring in housing that meets the city’s and community’s needs. As explained in the answers to question B it seems clear by market demands that there is without question a need. Staff Comment: There is a demonstrated need in the community for a variety of housing types, in particular housing for the employees working in Moab and Grand County. D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Applicant: Yes, this is compatible with the surrounding area. We border R3 zoning snd R1 zoning at the present and we’re asking the city to allow us to place two 1 acre lots as a buffer. Staff Comment: There are several zoning districts surrounding the subject parcel. The parcel has been vacant. It is not, however, zoned for Open Space and it is privately owned. The change in zone will likely result in a multi-household product that will generate additional traffic on Kane Creek Blvd. E. Will benefits be derived by the community or area by granting the proposed zoning? Applicant: Absolutely. Besides giving the city a trail connecting the neighborhood to downtown, we will be expanding the sewer line to accommodate 5 future growth. We will be providing homes where local residents, first responders, educators and others in the workforce that are in need are able to afford. Additionally, we are committing to having 1/3 of the property be primary resident restricted. Staff Comment: Increased opportunity for housing options would benefit the community’s need to available housing stock. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? Applicant: Yes, with the exception of the sewer line. We will be extending that to provide for the new home construction. Staff Comment: There is no sewer that provides service to this parcel, or to many of the surrounding large lots in the vicinity. If/when a project is proposed, the applicant would be required to hook into sewer. See more detail on this constraint in below under Issues for discussion. G. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? Applicant: From the information we have provided, it appears that it does conform. Staff Comment: The submitted application conforms with many provisions of the Moab General Plan and Land Use Code. Public Input: The City received a number of public comments prior to and at the Planning Commission Public Hearing that was held on August 26, 2021. Attached as Exhibit G and H include the public comments. Issues for Discussion: Sewer A specific project has not been applied for at this time. There is a city sewer about 400 feet away from the parcel. To hook into that sewer, the connection would have to cross Pack Creek, most likely via a utility bridge or by tunneling underneath. That permit would require a permit from the Army Corps of Engineers. The applicant would have to contact the city’s sewer consultant to determine the feasibility of such a connection, or any alternative connection. They would not be allowed to use septic as an option for a new project. In the long term, there is a proposed South Trunk Line constructed that will come down Kane Creek Blvd. That improvement will not likely occur for five to seven years. An engineer representing the applicant wanted to provide the following information: “The applicant for this rezone request pointed out that a comment was received questioning sewer availability. We understand that sewer availability is not immediately relevant to the rezone request, but we thought it would be best to clarify this issue. 6 While there are no sewer lines on or immediately adjacent to the property, at least two options for sewer connections are available. There are city sewer lines in Kane Creek Boulevard approximately 800 feet southeast of the property. This sewer line flows north and toward 100W crossing W 200 S immediately east of the property, across Pack Creek. If the annexation is approved and a project moves forward, the applicant will work closely with the City Engineer and Sewer Superintendent to determine the best location to tie to the existing mains. If it is determined that the new sewer should tie into the trunk line in W 200 S, a line will be buried under Pack Creek and extend to 200 S. This work is routine and the Army Corps of Engineers (USACE) will be notified. Normally, temporary impacts to waterways such as pack creek for the purpose of utility installation is covered under the USACE Nationwide Permit. This means that the work does not require an individual permit but requires notification with proper dewatering of the work area along with sedimentation control measures.” Open Space This part of the city has been a lower density area which has resulted in open areas. This parcel, however, is privately owned and is not technically preserved as open space. It is a large vacant parcel that has gone undeveloped for many years. Permitted Use Comparison RA-1 Residential-Agricultural Zone The property is currently zoned RA-1 Residential-Agricultural Zone (see Exhibit E for Code Section). The intent of the zone is: 17.54.010 Objectives and characteristics. The RA-1 residential-agricultural zone has been established for the primary purpose of providing a location where residential development associated with limited numbers of livestock can be maintained. This zone is currently characterized by large lots or tracts of land interspersed by dwellings, barns, corrals and agricultural service buildings used in connection with farming operations. While the zone is thus characterized, it is intended that the land within this zone shall be further developed into a residential environment exclusive of animals and fowl. Builders and developers of property should bear in mind therefore, that primacy is given in this zone to residential development and that the raising of animals and fowl will likely be curtailed as residential development takes place. In order to accomplish the objectives and purposes of this title and to stabilize and protect the essential characteristics of this zone, the following regulations shall apply in the RA-1 residential-agricultural zone. (Prior code § 27-19-1) Permitted uses include primarily agricultural uses, but also includes: Cemeteries Day care Golf courses Group homes Home Occupations One-household dwellings and accessory uses 7 Places of worship Planned unit developments Public facilities Public parks Raising, care and keeping of animals and fowl for household uses Schools Utility provider structures Veterinary clinic with kennel The area requirements are: 17.54.030 Area requirements. The minimum building site area shall be one recorded lot or parcel of land not less than one acre in area for each one-household dwelling, day care nursery, or rest home and not less than five acres for each planned unit development. (Ord. 19 -13 § 21 (part), 2019; prior code § 27-19-3) The ground floor area of any one-household and two-household dwellings shall be not less that one thousand square feet, except in a Planned Unit Development. The Planned Unit Development section of the MMC allows for small scale development to have an allowable density of 8 units per acre in the R-3, R-4 and C-1 Zones. RA-1 zones do not qualify. Large scale planned unit developments require a minimum of 5 acres and the standard allowable density shall be six dwelling units per acre. This applies in the R-1, R-2 and RA-1 Zone. Exhibit F is MMC 17.66 Planned Unit Developments. There are extensive development standards that would apply under a Planned Unit Development. The maximum density would be about 60 units. R-3 Multi-household Residential Zone (see Exhibit G). The proposed zone is R-3 Multi-household Zone. The intent of the zone is as follows: 17.48.010 Objectives and characteristics. The objective in establishing the R-3 residential zone is to provide appropriate locations within the City for high density residential development. In general, this zone is located in the central part of the City, adjacent to commercial areas where the impact of vehicular travel and parking is consonant with adjacent use of land, and where multiple dwellings can best be supplied with necessary public facilities. This zone is characterized by more compact development and somewhat higher volumes of traffic than is characteristic of the R-1 and R-2 zones. Representative of the uses within the R-3 zone are one-household, two-household, three-household and four-household dwellings and apartment houses, and related community facilities. However, commercial and industrial uses are prohibited therein. Owners and developers of property should bear in mind that primacy is given to multiple household dwellings, boarding houses, rest homes and other high density residential uses, and should develop and maintain their property in recognition thereof. 8 In order to accomplish the objectives and purposes of this title and to promote the characteristics of this zone, the following regulations shall apply in the R-3 residential zone. The zone allows for a variety of permitted uses, including: Agriculture Daycare Foster homes and group homes Home occupations Multi-household dwelllings One-household dwellings and accessory uses Places of worship Planned Unit Developments Public facilities Public libraries Public parks and public recreation buildings Schools Two-household dwellings and accessory uses The area requirements are: 17.48.030 Area requirements. An area of not less than five thousand square feet shall be provided and maintained for each one-household dwelling and two-household dwellings. All other multi-household development shall provide a minimum of two thousand square feet per unit for three- household dwellings and above. Schools, churches, boarding houses and other main buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area. An area of not less than three acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. Ordinance No. 2021-15 Page 1 or 2 CITY OF MOAB ORDINANCE NO. 2021-15 Proposed Ordinance #2021-15, An Ordinance Approving a Zoning Map Amendment for Property located at Parcel #01-0001-0173, approximately 398 Kane Creek Blvd, Moab UT 84532, changing 7.98 acres of the subject parcel zone from RA-1 Residential- Agricultural Zone to R-3 Multi-Household Residential Zone. WHEREAS, the following describes the intent and purpose of this ordinance: a. Applicant, Jake Satterfield, submitted an application to amend the Zoning Map to change the zoning on Parcel 01-0001-0173 at approximately 398 Kane Creek Blvd, Moab UT, described as: BEG AT A PT WHICH BEARS N 144 FT± FROM THE SE COR NW¼SW¼ SEC 1 T26S R21E; TH N 478 FT± ALONG THE W SIDE OF NE¼SW¼; TH E ALONG THE N SIDE OF SW¼NE¼SW¼ A DIST OF 639.6 FT TO A PT ON A FENCE; TH S 00°55'W 164.8 FT ALONG THE FENCE; TH S 49°38'W 102.4 FT ALONG FENCE; THENCE S 72°46'W 81.3 FT ALONG FENCE; TH S 37°05'W 22.1 FT ALONG FENCE; TH S 18°05'W 104.3 FT ALONG FENCE; TH S 31°09'E 245.1 FT ALONG FENCE; TH S 17°29'E 28.6 FT ALONG FENCE; TH S 70°39'E 85.7 FT ALONG FENCE; TH S 09°29'E 142.5 FT ALONG FENCE TO A PT WHENCE THE S¼ COR SEC 1 T26S R21E BEARS S 29°35'E A DIST OF 1295.8 FT; TH S 69°36'W 240.7 FT ALONG FENCE; TH S 89°37'W 211.8 FT ALONG FENCE; TH N 0°03'W 400.1 FT ±; TH N 84°12'W 226.7 FT ± TO BEG b. The request is to change the zoning on the subject property from RA-1 Residential-Agricultural Zone, to RA-1 and R-3 Multi-Household Residential Zone, approximately 2+/- acres of RA-1, and 7.98+/- acres of R-3; and c. The subject parcel zoned RA-1 is approximately 9.98 acres; and d. The subject parcel has frontage on Kane Creek Drive. Surrounding Zoning includes: RA-1 Residential-Agricultural, R-3 Multi-household Residential, I-1 Industrial, Floodway (Pack Creek) and C-3 Central Commercial (across Pack Creek); and e. The applicant provided the Planning Commission with an application and the appropriate documents as required in MMC Section 17.04. The Planning Commission reviewed the application in a duly advertised public hearing held on August 26, 2021, where the item was positively recommended for approval to City Council; and f. The Planning Commission determined that the amendment to the zoning maps is in accordance with the General Plan and development trends of the community. Having evaluated the staff report, statements from the applicant and the public, the Planning Commission concluded that the proposed change in zoning for this property was an acceptable amendment to the Official Zoning Map; and Ordinance No. 2021-15 Page 2 of 2 g. The Planning Commission and City Council have determined that the review standards in Moab Municipal Code chapter 17.04.060, Map amen dment approval criteria, have been met as follows: A. The proposed zoning classification for commercial use is compatible with the majority of surrounding uses and impacts to the existing development can be mitigated, B. Adequate facilities are available to serve the type and scope of redevelopment suggested by the proposed zoning classification, C. The surrounding uses will be buffered from other residential and commercial development in the area; and D. The application conforms to the provisions of the Moab General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, having considered public comment, staff comments, and discussion of the pertinent aspects of the proposed zone change, by adoption of Ordinance #20 21-15, does herby find, determine, and declare, that the applicable provisions of the Moab Municipal Code and the intent of the Moab General Plan can be met; AND, FURTHERMORE, the City Council APPROVES the application to rezone the property located at approximately 398 Kane Creek Blvd, Moab UT 84532, Amending the subject parcel zone from RA-1 Residential-Agricultural Zone, to RA-1 and R-3 Multi- Household Residential Zone amending the Official Zoning Map. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on September 14, 2021. SIGNED: ________________________________ Emily Niehaus, Mayor ATTEST: ________________________________ Sommar Johnson, Recorder 1Y85 \Google Earth 38 3�4`11'.pii" H ?09.-33V.).07' k e e 4052 tt eye alt 7999 tt �' Ch. 17.54 RA-1 Residential--Agricultural Zone | Moab Municipal Code Page 1 of 11 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Chapter 17.54 RA-1 RESIDENTIAL--AGRICULTURAL ZONE Sections: 17.54.010 Objectives and characteristics. 17.54.020 Permitted uses and regulations. 17.54.030 Area requirements. 17.54.040 Width requirements. 17.54.050 Location requirements. 17.54.060 Size of dwellings. 17.54.070 Special provisions. 17.54.080 Supplementary regulations. 17.54.010 Objectives and characteristics. The RA-1 residential-agricultural zone has been established for the primary purpose of providing a location where residential development associated with limited numbers of livestock can be maintained. This zone is currently characterized by large lots or tracts of land interspersed by dwellings, barns, corrals and agricultural service buildings used in connection with farming operations. While the zone is thus characterized, it is intended that the land within this zone shall be further developed into a residential environment exclusive of animals and fowl. Builders and developers of property should bear in mind therefore, that primacy is given in this zone to residential development and that the raising of animals and fowl will likely be curtailed as residential development takes place. In order to accomplish the objectives and purposes of this title and to stabilize and protect the essential characteristics of this zone, the following regulations shall apply in the RA-1 residential-agricultural zone. (Prior code § 27-19-1) 17.54.020 Permitted uses and regulations. A. Permitted Uses. The following uses shall be permitted-by-right. If a use is not listed it is prohibited. 1. Accessory dwelling units as per Chapter 17.70. 2. Agriculture. 3. Agriculture buildings. Ch. 17.54 RA-1 Residential--Agricultural Zone | Moab Municipal Code Page 2 of 11 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 4. Cemeteries, public and private. No cemetery, or any extension of an already existing cemetery, shall hereafter be established in the City without a site plan permit process, as outlined in Chapter 17.67. a. Application Required. Application for the establishment of a cemetery or for the extension to an existing cemetery shall be made on forms provided by the Zoning Administrator. The application shall include: i. The name(s) and address(es) of the owner(s) of the land; ii. The area(s) of the property that will be used for burial purposes; iii. The area(s) of the property that will be used for screening purposes; iv. An appropriate fee as adopted by resolution of the City Council; v. Detailed site plans drawn to scale by a licensed professional Utah registered land surveyor or professional engineer as per Chapter 17.67; vi. A written legal description of the cemetery; vii. A narrative describing the: (A) Age and condition, (B) Historical significance if applicable, (C) Whether the cemetery is religious, family, organizational, or publicly owned, (D) Any prehistoric or historic archaeological discoveries on the property, and (E) A written description of names and vital dates of those interred. b. Expansion/Disruption. If the expansion requires a disruption of existing burial sites, the applicant shall provide a detailed site alteration plan indicating the extent of disruption of the cemetery, methods of construction or removal of human remains, and reburial plan. Such plan shall include a written description and visual drawing of the plan showing the relocation of graves. c. Standards of Approval to Be Specified. A resolution shall be prepared establishing specific standards of compliance to create/extend a cemetery. These shall be based on: i. The need for the proposed cemetery or extension; ii. The desirability of the location; iii. Specific areas to be used for burial purposes and screening; iv. Type and extent of landscaping; Ch. 17.54 RA-1 Residential--Agricultural Zone | Moab Municipal Code Page 3 of 11 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. v. Amount of guarantee bond for improvements; vi. Light, glare, dust, noise; vii. Traffic impacts; and viii. Parking. 5. Day care. Day care shall be permitted to operate subject to the following standards: a. City of Moab business license is required. b. A valid day care license or certificate as issued by the State of Utah is required. c. Applicants for a City business license shall submit a conceptual site plan that indicates: i. Ingress and egress to the property; ii. Drop off/pick up areas; iii. Traffic circulation; iv. Off-street parking (single-household residence plus space for each FTE staff member); v. Landscaping; vi. Buffering or separation from dissimilar uses; vii. Open space for older kids. d. Compliance with all applicable City regulations regarding noise, odor and glare. 6. Golf courses. Golf courses must contain a minimum of ten acres. Applications for golf courses must follow the site plan requirements of Chapter 17.67 and must address the following standards: a. Golf course designs shall implement nonpoint source pollution best management practices (BMPs). b. Course designs and best management plans shall be submitted to the Moab City Planning Department for review. c. Course designs must show that there are no encroachments into areas restricted from development and to minimize the impact of the overall site development on natural resources of the area. The design must meet the requirements of Chapter 17.67, Site Plan Review, and contain the following supplemental information: i. Address stream, wetland, and habitat protection; Ch. 17.54 RA-1 Residential--Agricultural Zone | Moab Municipal Code Page 4 of 11 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. ii. Contain an environmental constraints analysis that includes the existing environmental conditions on the site and a report with plans that provide: (A) Field located streams, ponds or other water bodies, name of watershed and sub-watershed and stream use class designation, (B) Field located wetlands including documentation of vegetation, soils, and hydrology, (C) Wetlands classifications (Cowardin; National Vegetation Classification Standard for wetlands), (D) Calculated one-hundred-year floodplain, (E) Topography with slopes differentiated as one to twenty-five percent, twenty-six to thirty-nine percent, forty to forty-five percent, and forty-six or more percent, (F) Existing land cover (e.g., forest, meadow, old field, etc.), (G) Location of significant plant and/or animal habitat including: documentation of species, date of last known sighting, status, and source of documentation. d. Application of Regulations and Policies. After verification of the existing environmental conditions by the U.S. Army Corps of Engineers or other Federal agency, the applicant will identify on the plan those areas of the site that would be restricted from development by: (i) denoting buffer boundaries, (ii) denoting those areas of significant habitat determined to exist on site that will be preserved, and (iii) denoting those existing areas that will be preserved. e. Design Standards for Preliminary Plan. After the applicant has determined the areas restricted from development, a plan should be prepared for submission to the Planning Department that shows the proposed lay-out of the golf course. The plan shall include the following: i. Tees, greens, fairways, and practice range; ii. Buildings (e.g., clubhouse, maintenance facilities, etc.); iii. Roads, cart paths, and parking lots; iv. Conceptual design for the management of storm water runoff and water quality including locations and methods and documentation that these locations and methods are practical; and v. Location of irrigation wells and/or ponds. f. Approval of Encroachments. If any of the above facilities would require encroachment on buffers, streams, wetlands or floodplains, approval must be granted by the U.S. Army Corps of Engineers or other Federal agency. Ch. 17.54 RA-1 Residential--Agricultural Zone | Moab Municipal Code Page 5 of 11 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 7. Group homes. a. Such homes must be licensed by the State of Utah. b. All exterior aspects of a group home, including its scale and off-street parking configuration, shall conform with the requirements of the RA-1 zone. c. Such homes shall provide off-street parking pursuant to Sections 17.09.210 through 17.09.340. d. Such homes may provide living arrangements for not more than eight residents per home (excluding supervisory personnel). 8. Home occupations subject to the standards set forth in Section 5.80.050. 9. One-household dwellings and accessory uses. 10. Places of worship. All places of worship shall be subject to the regulations established by Utah State Code Annotated (“UCA”). The Planning Department, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: a. Traffic impacts are minimized so that on-street vehicle flows will not be impeded. b. Noise, odor, and glare is contained on the property. c. Landscaping shall be completed in accordance with the provisions located in Sections 17.09.360 (Landscaping – Required) and 17.09.370 (Landscaping – Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. d. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. e. Adequate parking for the intended use is provided. 11. Planned unit developments which are connected to a public sewer, subject to the requirements set forth in Chapter 17.66. 12. Premises agricultural occupations. This type of occupation specifically concerns the retail sale of feed, seed, fertilizer, equipment and similar items used in agriculture. The following standards shall be met for this type of business: a. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways. b. Hours of operation shall be confined to seven a.m. to seven p.m. Ch. 17.54 RA-1 Residential--Agricultural Zone | Moab Municipal Code Page 6 of 11 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. c. Dust, glare, odor, and noise shall be confined within the boundaries of the property. d. All signs shall comply with the sign regulations of Chapter 15.44 and shall not exceed fifteen square feet. e. Outside storage of products for sale is limited to hours of operation. 13. Public facilities. This type of use shall be allowed in compliance with the following standards: a. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; b. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; c. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; d. Compliance with all applicable City regulations regarding noise, odor and glare; e. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; f. The use shall demonstrate that there is a benefit to the neighborhood or community; g. The proposed use shall not generate traffic in excess of the level of traffic associated with the number of residential dwellings that could be permitted on the parcel. 14. Public parks. 15. Raising, care and keeping of animals and fowl for household use and consumption. 16. Schools. All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: a. Traffic impacts are minimized so that on-street vehicle flows will not be impeded. b. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 17. Utility provider structures. New construction of water lines, sewer lines and electric substations and structures may be constructed subject to the approval of the Planning Commission and Council with a review of a subdivision plat. Such construction is not required to apply for a separate permit but must satisfy the requirements below. Expansions of existing facilities are also subject to the approval of the Planning Commission and Council, and subject to the standards below. The Planning Commission may Ch. 17.54 RA-1 Residential--Agricultural Zone | Moab Municipal Code Page 7 of 11 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. require standards in accordance with the following language that are reasonably necessary to protect surrounding property values and residential amenities: a. These types of facilities include but are not limited to: i. Electrical utility facility, provided transmission lines are excluded from the requirements of this section if visibility is essential to safety, security, or maintenance access; ii. Solid waste disposal facility; iii. Water pumping plants and pipelines; iv. Public utility buildings and structures (except power plants); v. Flood control structures; vi. Substations; vii. Sewage treatment plants subject to review and approval of the State Department of Health. b. Site Standards. i. Architectural Form and Character. A building housing all or a majority of a utility facility must be compatible with the architectural form of surrounding buildings. This requirement is not applicable to a utility facility where significant elements of the facility are not housed inside of a building or to isolated minor elements such as pad mounted transformers, telephone pedestals and metering stations. ii. Screening and Fence Requirements. A utility facility must be site screened with landscaping and/or fencing. Landscape development shall include retention of significant trees, as necessary to maintain and protect property values, to enhance the visual appearance of the City, to preserve the natural character of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system and water resources, and to provide a better transition between the various land uses permitted in the City. (A) The Planning Department and Community Development Director shall review the proposed landscape plan with each application and make a recommendation to the Planning Commission. (B) The applicant shall provide site perimeter landscaping that consists of a minimum width of ten feet and includes: (1) Evergreen and deciduous trees, with no more than fifty percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than thirty feet on center; Ch. 17.54 RA-1 Residential--Agricultural Zone | Moab Municipal Code Page 8 of 11 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. (2) A minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years. iii. If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted: (A) Shrubs, a minimum of three and one-half feet in height, and living ground cover must be planted so that the ground will be covered within three years. (B) Earth-mounding, an average of three and one-half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a downtown land use district. (C) A combination of earth-mounding and shrubs to produce a visual barrier at least three and one-half feet in height. iv. Equipment and vehicle storage yards require fifteen feet of landscaping on all sides if visible from a public right-of-way. v. Parking Area Landscaping. Parking areas require landscaping as follows in addition to any site perimeter landscaping as required. vi. Alternative landscaping may be approved by the Planning Commission if the landscaping will provide the desired screening as noted below: (A) The proposed landscaping represents an equal or better result than that which could be achieved by strictly following the requirements of this section; and (B) The proposed landscaping either: (1) Incorporates the increased retention of significant trees and naturally occurring undergrowth; (2) Better accommodates or improves the existing physical conditions of the subject property; (3) Incorporates elements to provide for wind protection or to maintain solar access; (4) Incorporates elements to protect or improve water quality; or (5) Incorporates native species in a design that buffers a critical area from uses on the site, including parking. 18. Veterinary clinic with kennel. a. Noise, odor and glare shall be contained on the property. Ch. 17.54 RA-1 Residential--Agricultural Zone | Moab Municipal Code Page 9 of 11 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. b. Fencing, landscaping, the design of parking areas, and downward directed and full cut-off light fixtures shall be used to reduce impacts on adjacent properties. c. Parking shall be provided at a rate of one space per one thousand square feet and one space per each employee. ADA handicapped accessible spaces shall be provided as required. d. A buffer area of twenty-five feet shall be used to provide a separation from other uses and adjacent properties. Buffering shall include the elements of subsection (A)(18)(b) of this section. e. Vehicular ingress and egress traffic patterns shall be designed to not impede existing traffic flows and provide adequate interior circulation. f. Hours of operation for public access shall be from seven a.m. to seven p.m. g. Landscaping shall consist of berms, solid wooden privacy fence, decorative block wall or combination thereof and be in accordance with the requirements of Sections 17.09.360 (Landscaping – Required) and 17.09.370 (Landscaping – Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. (Ord. 19-13 § 21 (part), 2019; Ord. 18-01 (part), 2018: Ord. 12-05 (part), 2012; Ord. 08-03 (part), 2008; Ord. 94-12 (part), 1994; Ord. 85-01 § 2, 1985; prior code § 27-19-2) 17.54.030 Area requirements. The minimum building site area shall be one recorded lot or parcel of land not less than one acre in area for each one-household dwelling, day care nursery, or rest home and not less than five acres for each planned unit development. (Ord. 19-13 § 21 (part), 2019; prior code § 27-19-3) 17.54.040 Width requirements. The minimum width requirements for any building site shall be one hundred twenty-five linear feet, measured at a distance of twenty-five feet back from the front lot line, except when a building site is situated in an approved large-scale development. (Ord. 99-05, 1999: prior code § 27-19-4) Ch. 17.54 RA-1 Residential--Agricultural Zone | Moab Municipal Code Page 10 of 11 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 17.54.050 Location requirements. A. Front Setback. All buildings and structures shall be set back at least twenty-five feet from the front lot line or fifty-five feet from the centerline of any public street, whichever is greater. B. Side Setback. All dwellings shall be set back from the side property line a distance of at least ten feet and the total distance of the two side setbacks shall be at least twenty-four feet. On corner lots, the side setback from any street shall not be less than twenty-five feet for main buildings. C. Rear Setback. For interior lots, all dwellings and other main buildings shall be set back from the rear property line a distance of at least twenty-five feet. For corner lots, all dwellings and other main buildings shall be set back from the rear property line a distance of at least twenty feet. D. The minimum side setback for accessory buildings on interior and corner lots is listed in Section 17.09.560, Accessory use or structure. E. Livestock and Fowl Setback. Uses for the care and keeping of livestock and fowl shall be located at least one hundred feet distance from any existing dwelling and one hundred feet from the front property lines. (Ord. 18-01 (part), 2018: Ord. 10-14, 2010; prior code § 27-19-5) 17.54.060 Size of dwellings. The ground floor area of any one-household and two-household dwellings shall be not less than one thousand square feet, except as may be approved in a planned unit development. (Ord. 19-13 § 21 (part), 2019; prior code § 27-19-6) 17.54.070 Special provisions. The maximum density in a planned unit development shall not exceed five units per acre contained in the development. (Ord. 18-01 (part), 2018: prior code § 27-19-7) 17.54.080 Supplementary regulations. See also Supplementary Requirements and Procedures Applicable Within the Zones (Chapter 17.09 of this title). (Prior code § 27-19-8) Ch. 17.54 RA-1 Residential--Agricultural Zone | Moab Municipal Code Page 11 of 11 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 1 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Chapter 17.66 PLANNED UNIT DEVELOPMENTS* Sections: 17.66.010 Intent. 17.66.020 Small scale planned unit developments. 17.66.030 Large scale planned unit developments. 17.66.040 Permitted uses. 17.66.050 Standards and requirements. 17.66.060 Design standards. 17.66.070 Procedures generally. 17.66.080 Vicinity plan and environmental analysis. 17.66.090 Preliminary plan. 17.66.100 Preliminary documents. 17.66.110 Planning Commission actions. 17.66.120 Planning Commission procedures. 17.66.140 Public hearing. 17.66.150 Final plan and approval. 17.66.160 Filing fees. 17.66.170 Stage construction permitted. 17.66.180 Performance guarantee. 17.66.190 Bond duration. 17.66.200 Default. 17.66.210 Final disposition and release. 17.66.220 Failure to comply. 17.66.010 Intent. The intent of this chapter shall be to set down regulations under which development can be carried out that will achieve a better relationship between open space and buildings, greater harmony between the development and the surrounding area, wider variety of residential settings, more economical development, accommodation of affordable housing, superior maintenance of buildings and premises, and a better living environment than is possible to achieve by developing on a lot-by-lot basis. Upon approval of a planned unit development, the features and dimensions shown on the approved plan will constitute the zoning restrictions and regulations as applied to the territory shown on the approved plan. (Ord. 99-06 (part), 1999: prior code § 27-23-1) Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 2 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 17.66.020 Small scale planned unit developments. Small scale planned unit developments shall be allowed in the R-3, R-4 and C-1 zones, provided that a parcel has a minimum of three acres and is owned by one continuous property owner. The standard allowable density shall be eight dwellings per acre, up to a maximum of ten units per acre utilizing affordable housing density bonuses. At least twenty-five percent of the gross area of the planned unit development shall be retained in permanent open space. Parks, playgrounds, sidewalks, nonmotorized pathways and trails may be computed in the twenty-five percent open space requirement. Land proposed to be devoted to vehicular streets or roads, parking, and driveways, shall not be included in the computation of open space, park or playground areas. The Planning Commission may approve two additional units per acre over and above the standard density otherwise allowed in a planned unit development if the petitioner increases the number of affordable housing units according to the following formula: % of Area Median Income Bonus Units to be Used for Affordable Housing 60 2 out of 10 dwelling units 80 3 out of 10 dwelling units A. Every affordable housing unit shall be sold or conveyed pursuant to a deed restriction (covenant) containing the following requirements: 1. The purchaser must qualify with verified income meeting affordable housing guidelines; 2. Each unit must be owner-occupied for at least the first five years, and no individual shall be entitled to own more than one affordable unit; 3. Appreciation in value over purchase cost of each residential unit shall be capped at four percent per annum; 4. The City shall be designated as a necessary grantor in every conveyance of an affordable housing unit; 5. Leasing shall be permitted no sooner than five years from the date of purchase, with lease rates being no greater than the amount of the monthly first mortgage payment, plus ten percent; and 6. The City shall be designated as a third-party beneficiary entitled to enforce, enjoin, or seek damages for violations of the deed restrictions. B. The City may require additional deed restrictions to affordable housing units incident to approval of the final plat/plan to the extent dictated by the attributes of the particular development, lender requirements, or state or federal regulations. (Ord. 99-06 (part), 1999) Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 3 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 17.66.030 Large scale planned unit developments. Large scale planned unit developments will be allowed in all R-1, R-2, and RA-1 zoning districts provided that a parcel has a minimum of five acres and is owned by one continuous property owner. The standard allowable density shall be six dwellings per acre, up to a maximum of eight units per acre utilizing the additional open space alternative or the affordable housing density bonus alternative. At least forty percent of the gross area of the planned unit development shall be retained in permanent open space. Parks, playgrounds, sidewalks, nonmotorized pathways and trails may be computed in the forty percent open space requirement. Land proposed to be devoted to vehicular streets or roads, parking, and driveways, shall not be included in the computation of open space, park or playground areas. A. Additional Open Space Alternative. For large scale planned unit developments, the Planning Commission may approve a density bonus over and above the standard density otherwise allowed if the petitioner increases the percentage of open space provided in the development according to the following formula: % of Area Used as Open Space Bonus Units to be Used for Open Space Over 50% open space 1 additional dwelling unit (7 maximum) Over 60% open space 2 additional dwelling units (8 maximum) The petitioner shall enter into an agreement with the City ensuring that the area remain in open space for set period of time agreeable to the City, and shall provide any other insurance required by the City to guarantee that the intent of the ordinance codified in this chapter is achieved. B. Affordable Housing Bonus Density Alternative. The Planning Commission may approve additional units per acre over and above the standard density otherwise allowed in a planned unit development if the petitioner increases the number of affordable housing units according to the following formula: % of Area Median Income Bonus Units to be Used for Affordable Housing 60 2 out of 8 dwelling units 80 3 out of 8 dwelling units C. Every affordable housing unit shall be sold or conveyed pursuant to a deed restriction (covenant) containing the following requirements: 1. The purchaser must qualify with verified income meeting affordable housing guidelines; 2. Each unit must be owner-occupied for at least the first five years, and no individual shall be entitled to own more than one affordable unit; 3. Appreciation in value over purchase cost of each residential unit shall be capped at four percent per annum; Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 4 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 4. The City shall be designated as a necessary grantor in every conveyance of an affordable housing unit; 5. Leasing shall be permitted no sooner than five years from the date of purchase, with lease rates being no greater than the amount of the monthly first mortgage payment, plus ten percent; and 6. The City shall be designated as a third-party beneficiary entitled to enforce, enjoin, or seek damages for violations of the deed restrictions. D. The City may require additional deed restrictions to affordable housing units incident to approval of the final plat/plan to the extent dictated by the attributes of the particular development, lender requirements, or state or federal regulations. (Ord. 99-06 (part), 1999) 17.66.040 Permitted uses. The following uses shall be permitted in a planned unit development: A. Single-household dwellings; B. Townhouses; C. Modular homes; D. Rest homes; E. Golf courses; F. Swimming pools; G. Recreation buildings; H. Parks and playground facilities; I. Churches; J. Schools; K. Similar facilities, for use by only the occupants of the development or the public-at-large as the Planning Commission deems appropriate. (Ord. 19-13 § 21 (part), 2019; Ord. 99-06 (part), 1999: Ord. 94-04 (part), 1994: prior code § 27-23-3(C)) Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 5 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 17.66.050 Standards and requirements. All parking spaces, parking areas and driveways must be hard-surfaced (paved) and properly drained with no drainage running across public or private walkways. Hard surface shall be paved concrete, asphalt or other pavement systems that perform similarly for the intended use as approved by the public works director. All weather, nonpaved driveways and parking areas may be permitted within planned unit developments containing three or fewer total dwelling units. All nonpaved driveways and parking areas shall be approved by the public works director. (Ord. 07-01, 2007: Ord. 06-02, 2006: Ord. 99-06 (part), 1999: Ord. 94-04 (part), 1994; prior code § 27-23-3(D)) 17.66.060 Design standards. Property development standards in excess of the minimums set forth in this section may be imposed by the Planning Commission where it is determined that such increases are necessary to ensure that the integrity and desirability of the planned unit development will be maintained. A. Minimum Design Standards. 1. Setbacks shall be maintained along the peripheral property lines of the planned unit development which shall be at least equal to that required by the zone on the property immediately adjacent thereto; 2. In those instances where a proposed planned unit development will front upon one or more existing streets, the setback from the street shall be equal to that required by the most restrictive zoning on the property immediately adjacent along the same street frontage; 3. Minimum right-of-way width shall be forty feet; 4. Minimum street width shall be thirty feet; 5. Minimum sidewalk width shall be five feet; and 6. Dead end streets shall not exceed four hundred feet in length and must have a cul-de-sac with a minimum radius of at least fifty feet and a diameter of eighty feet curb to curb. (Ord. 99-06 (part), 1999) 17.66.070 Procedures generally. Any person wishing to construct a planned unit development shall obtain from the Zoning Administrator information pertaining to the City’s plan of land use, streets, public facilities and other requirements affecting the land to be developed. The petitioner shall then prepare plans and obtain approval thereof as hereinafter set forth. (Ord. 99-06 (part), 1999: prior code § 27-23-2) Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 6 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 17.66.080 Vicinity plan and environmental analysis. A. The design team shall prepare a vicinity plan which shows a simple sketch of the major features of the development in relation to existing conditions and planned development within one-fourth mile of the outside boundaries of the development and shall submit the same to the Zoning Administrator, together with an environmental analysis. The plan may be a pencil sketch or may be made directly on an aerial photograph. B. The environmental analysis statement shall be prepared by an engineer, landscape architect, land planner or other person qualified by training and experience to prepare such a statement as determined by the Planning Commission, indicating and describing the measures that will be taken with respect to the following: 1. Revegetation of cuts and fills and area which will be denuded in constructing the planned unit development; 2. Prevention of fire and control of dust; 3. Prevention of the accumulation of weeds and debris; 4. Management of surface water and elimination of flood hazards; and 5. Reduction in the need for the allocation of public funds for upkeep and maintenance of streets, water and sewer lines, landscaped areas, etc., within the territory to be included in the development. (Ord. 99-06 (part), 1999: prior code § 27-23-3(A)) 17.66.090 Preliminary plan. Upon approval of the vicinity plan by the Zoning Administrator, the petitioner shall then prepare a preliminary plan and shall submit five copies of the same to the Zoning Administrator. The plan must be submitted at least two weeks prior to the meeting of the Planning Commission. An administrative fee as established by resolution shall accompany the preliminary plan. The preliminary plan shall be drawn to a scale not smaller than one inch equals one hundred feet, or as recommended by the Zoning Administrator, and shall show the following information: 1. Type of development; 2. Name of development; 3. Name and address of the petitioner; a current deed and an abstract of title or an ownership and encumbrance report showing the record title holder and all liens and encumbrances, affecting title; 4. Name and address of the designer; Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 7 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 5. Position of all buildings and structures to be constructed in the development. Also, the design of dwellings shall be shown, accompanied by estimates of the cost to purchasers or renters; 6. Proposed parks, playgrounds, school sites, and other open spaces. Also, proposed buildings and other facilities for the common use of the occupants or for the public; 7. Facilities and services to be supplied by the petitioner or by the association and the cost thereof to the occupants; 8. North point and scale; 9. Township, range, and section lines; 10. Zone boundary lines and zone designations; 11. Topography shown by contours at an interval no greater than two feet, except that a greater interval may be permitted when specifically authorized by action of the Zoning Administrator or authorized representative; 12. Boundary of the development including a legal description thereof; 13. Total acreage of the development; 14. Adjacent property ownership; 15. Preliminary subdivision plan showing layout of all proposed lots; 16. Proposed circulation pattern including private and public streets, sidewalks and nonmotorized pathways and trails; 17. Typical street or roadway cross-sections; 18. Existing and proposed canals and waterways, public utility lines and easements, etc.; 19. Proposed sewage disposal facilities; 20. Existing and proposed storm drains, bridges and other storm water management measures; 21. The location and type of water sources. Such sources shall be shown either on the preliminary plan or on an accompanying map drawn at a scale not smaller than one-inch equals two thousand feet. Appropriate supporting documents showing that potable water will be available to the project in quantities as required by the water superintendent, State Health Department, and fire marshal and that such water will be made available to each dwelling site through a properly designed distribution system shall be included as part of the preliminary plan; 22. Tentative location and size of water mains; Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 8 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 23. Tentative location of fire hydrants; 24. Location and size of sewers; and 25. Any other information which the Zoning Administrator or Planning Commission considers necessary to enable the Planning Commission to determine whether or not to recommend the plan to the City Council. (Ord. 99-06 (part), 1999: prior code § 27-23-3(B)) 17.66.100 Preliminary documents. The following documents shall be submitted along with the preliminary plan: A. Proposed declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters or occupants within the planned unit development; B. In the event that the development is to be divided into two or more ownerships, the document must provide for adequate control and maintenance of all phases of the development; C. An agreement between the petitioners and the City stating among other things: 1. That in the event of failure or neglect on the part of the owners, successors or assigns to maintain the water and sewerage facilities, common areas, landscaping and other improvements in good condition, the City may perform the necessary work and may enter upon the land and do the work and charge the cost thereof, including reasonable attorneys fees, to the owners or their successors or assigns, 2. That the owners, successors or assigns will reimburse the City for all costs which the City incurs in performing the necessary work, 3. That the petitioner will construct and maintain the project in accordance with approved plans and in accordance with city standards, 4. That the terms of the contract shall be binding upon the heirs, assigns, receivers and successors of the project for the life of the project or buildings, and 5. Any other conditions that the Planning Commission deems to be reasonably necessary to carry out the intent of this title. (Ord. 99-06 (part), 1999: prior code § 27-23-3(E)) 17.66.110 Planning Commission actions. Upon presentation of the preliminary plan and documents, the Planning Commission shall either approve them as submitted or shall refer them back to the petitioner for one or more of the following reasons: Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 9 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. A. The development has been found to be inconsistent with either this title or the General Plan; B. The Planning Commission requires that certain specific changes be made within the plans; C. The plans or documents have not been completed; D. Before approving the preliminary plan, the Planning Commission must make the following findings: 1. That the proposed development will provide a more pleasant and attractive living environment than a conventional residential development, 2. That the proposed development will create no detriment to adjacent properties nor to the general area in which it is located; and that it will be in substantial harmony with the character of existing developments in the area, 3. That the project will provide more efficient use of the land and more usable open space than a conventional development permitted in the surrounding area, 4. That increased densities allowed within the proposed planned unit development will be compensated by better site design and by the provision of increased amenities and recreational facilities, and 5. That the development will not create increased hazards to the health, safety or general welfare of the residents of the proposed planned unit development or adjacent areas. (Ord. 99-06 (part), 1999: prior code § 27-23-4) 17.66.120 Planning Commission procedures. A. The Planning Commission may impose such conditions on preliminary development plans as it may deem appropriate to meet the goals and objectives of this chapter, or may disapprove a planned unit development which is found to be deficient in meeting the intent of these provisions. Any such disapproval may be appealed to the City Council by filing such appeal with the Zoning Administrator within ten days after the decision of the Planning Commission. B. Any failure to submit a final development plan within one year of the approval of the preliminary development plan shall terminate all proceedings and render the preliminary development plan null and void. (Ord. 99-06 (part), 1999: prior code § 27-23-5) Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 10 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 17.66.140 Public hearing. The Planning Commission, shall after receiving all of the information and documentation required by this section, hold a public hearing after proper legal notice. (Ord. 06-01 (part), 2006: Ord. 99-06 (part), 1999: prior code § 27-23-7) 17.66.150 Final plan and approval. After the preliminary plan has been approved by the City Council, the petitioner shall submit five prints of a final plan to the Planning Commission through the Zoning Administrator for approval thereof, showing in detail the following information: A. All of the information required for submission with preliminary development plans; B. Tabulations of all dwelling units to be constructed by types and number of bedrooms per unit; C. Detailed site plan with complete dimensions showing precise locations of all buildings and structures, lot or parcel sizes and locations, designations of common open spaces and special use areas, detailed circulation pattern including proposed ownership; D. Preliminary building plans, including floor plans and exterior elevations; E. Detailed landscaping plans in accordance with Chapters 17.09 and 12.24, Tree Stewardship, showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects, and sprinkler or irrigation systems; F. Dimensioned parking layout showing location of individual parking stalls and all areas of ingress or egress; G. Detailed engineering plans and final subdivision plat showing site grading, street improvements, drainage and public utility locations. Also, submission of the engineering feasibility studies if required by the Zoning Administrator; H. A copy of protective covenants, articles of incorporation, bonds and guarantees, as required by the Zoning Administrator and/or the City Attorney; I. A certificate of title showing the ownership of the land; J. A certificate of acceptance by the City Council for any dedication of public streets and other public areas, if any, that are made by the owners; K. A certificate of accuracy by an engineer or land surveyor registered to practice in the state; and Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 11 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. L. Approval from the Planning Commission. (Ord. 13-09 (part), 2013; Ord. 99-06 (part), 1999: prior code § 27-23-8) 17.66.160 Filing fees. A filing fee as established by resolution shall accompany the final plan. (Ord. 99-06 (part), 1999: prior code § 27-23-9) 17.66.170 Stage construction permitted. Large scale planned unit developments may be carried out in progressive stages, provided assurance is given to the City that the requirements and intent of this title will be fully complied with. Each stage shall be considered as a separate application. No final plan for the initial stage shall cover less than two and a half acres when such projects are part of the overall project as shown on the approved preliminary plan. (Ord. 99-06 (part), 1999: prior code § 27-23-10) 17.66.180 Performance guarantee. A. Adequate guarantees shall be provided for permanent retention of the open space area as follows: 1. The City shall require the petitioner to furnish and record protective covenants, which will guarantee the retention of the open land area. The City shall also require the creation of a corporation granting beneficial rights to the open space to all owners or occupants of land within the development. 2. The petitioner shall be required to develop and maintain all open space, unless part of or all of it is contiguous to and is made a part of an existing park. 3. In the case of private reservation, the open space to be reserved shall be protected against subsequent building development by conveying to the City as part of the condition for project approval, an open space easement over such open areas, restricting the area against future building or use, except as approved on the final development plan. 4. The care and maintenance of such open space reservation shall be ensured by the petitioner by establishing a private association or corporation responsible for such maintenance which shall levy the cost thereof and an assessment of the property owners within the planned unit development. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the City and made a part of the conditions of the final plan approval. Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 12 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. B. The applicant (owner) of any planned unit development which is being developed as a condominium project under the provisions of the Condominium Ownership Act of Utah, or subsequent amendments thereto, shall, prior to the conveyance of any unit, submit to the Zoning Administrator a master deed consisting of a declaration of covenants, conditions and restrictions relating to the project, which shall become part of the final development plan and shall be recorded to run with the land. Such master deed shall include management policies which shall set forth the quality of maintenance that will be performed, and who is to be responsible for such maintenance within such condominium development. The document shall, as a minimum, contain the following: 1. The establishment of a private association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each unit owner within the condominium development; 2. The establishment of a management committee with provisions setting forth the number of persons constituting the committee, the method of selection and the powers and duties of such committee; 3. The method of calling a meeting of the members of the corporation or association, with the members thereof that will constitute a quorum authorized to transact business; 4. The method proposed for maintenance, repair and replacement of common areas and facilities, and distribution of costs therefor; 5. The manner of collection from unit owners for their share of common expenses, and the method of assessment; 6. Provisions as to percentage of votes by unit owners which shall be necessary to determine whether to rebuild, repair, restore or sell property in the event of damage or destruction of all or part of the project; and 7. The method by which the declaration may be amended. The declaration required herein, any amendment and any instrument affecting the property or any unit therein shall be approved by the Planning Commission and recorded with the City Recorder. Neither the declaration nor any amendment thereto shall be valid until approved and recorded. The declaration and amendments thereto shall be maintained as part of the final development plan for the planned unit development. C. In order to ensure that the planned unit development will be constructed to completion in accordance with approved plans, the petitioner shall post a bond or mortgage or other valuable assurance acceptable to the City Council in the form of a surety bond, letter of credit, cash escrow, first deed of trust, or similar collateral in an amount equal to a percentage, as specified in the Master Fee Schedule, Chapter 3.50, of the estimated cost of all required landscaping, road improvements, pedestrian ways, curbs and gutters, hard-surfacing, water and sewer lines and domestic sewage disposal facilities and common facilities as shown on the final plat/plan. City staff shall verify the correct amount of the bond based upon review of the cost of the required improvements. The duration of the bond shall be equivalent to the time deadlines specified in the improvements agreement, which, in any case shall not exceed twenty-four months from the date of approval. Final determination of the Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 13 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. amount of the bond or other assurance shall be made by the City Council. No building permit for any portion of a planned unit development shall be issued until the final plan thereof has been approved by the Planning Commission. Compliance with all material terms of the improvements agreement and the final plat/plan shall be a prerequisite to the developer obtaining a building permit for individual dwellings and/or a certificate of occupancy or zoning compliance. (Ord. 19-29 (part), 2019; Ord. 99-06 (part), 1999: prior code § 27-23-12) 17.66.190 Bond duration. The duration of the bond or other assurance shall be for two years from the date of approval of the development by the legislative authority. An extension of time may be granted by the legislative authority upon application by the petitioners, provided such application is submitted at least sixty days prior to the expiration of the bond and provided the issuer of the bond is willing to extend the time of the assurance. (Ord. 99-06 (part), 1999: prior code § 27-23-13) 17.66.200 Default. Developers who: (a) fail to timely complete required improvements; (b) fail to complete construction in a workmanlike manner; (c) allow mechanic’s liens to attach to improvements; or (d) otherwise fail to comply with the improvements agreement shall be issued a notice of violation and informed of their default under the improvements agreement and guarantee. Each such developer shall be given a reasonable period of time, not to exceed thirty days, in which to cure any noncompliance with the improvements agreement. A developer contesting a notice of violation may request a hearing before the City Council by submitting a written request no later than ten days from the issuance of the notice of violation. Any action to forfeit the bond or collateral shall be stayed until completion of the hearing. 1. Default of any portion of the improvements agreement will result in the City recording an affidavit of lapse of improvements agreement. Thereafter, the developer shall be enjoined from any conveyance or transfer of platted lots, no further building permits will be issued, and a certificate of zoning compliance will not issue for any structures completed to that date. In addition, the City may, at its option, complete all or a portion of the remaining improvements required by the agreement or solicit bids for the completion of all such improvements. In such case the City shall be entitled to recover from the developer, the surety, and the holder of the collateral sufficient sums to cover all costs of construction, including incidental costs, and reasonable attorney fees. 2. Upon certification of completion by the Public Works Director and Zoning Administrator and acceptance of the improvements, free and clear of all liens and encumbrances, the City shall execute a written acceptance and release the bond or other collateral. Partial releases of collateral are authorized as improvements are Ch. 17.66 Planned Unit Developments* | Moab Municipal Code Page 14 of 14 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. completed and accepted in accordance with the phasing plan approved as part of the final plat/plan. (Ord. 99-06 (part), 1999: prior code § 27-23-14) 17.66.210 Final disposition and release. The petitioner shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than ten days prior to the release date of the bond or other assurance, the Zoning Administrator shall make a preliminary inspection of the improvements and shall submit a report to the City Council setting forth the conditions of such facilities. If all liens are paid and other conditions thereof are found satisfactory, the City Council shall release the bond or other assurance. If the condition of material or workmanship shows unusual depreciation or does not comply with the acceptable standards of durability, or if any outstanding liens are not paid, the City Council may declare the petitioner in default. (Ord. 99-06 (part), 1999: prior code § 27-23-15) 17.66.220 Failure to comply. In case of failure or neglect to comply with any and/or all of the conditions and regulations as herein established, and as specifically made applicable to a planned unit development, the Zoning Administrator shall not issue a certificate of zoning compliance therefore. Such failure or neglect shall be cause for termination of the approval of the project. Such failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions of approval thereafter shall also be deemed a violation of this title. (Ord. 99-06 (part), 1999: prior code § 27-23-16) The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company Ch. 17.48 R-3 Multi-Household Residential Zone | Moab Municipal Code Page 1 of 6 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Chapter 17.48 R-3 MULTI-HOUSEHOLD RESIDENTIAL ZONE Sections: 17.48.010 Objectives and characteristics. 17.48.020 Permitted uses and regulations. 17.48.030 Area requirements. 17.48.040 Width requirements. 17.48.050 Location requirements. 17.48.060 Special provisions. 17.48.070 Supplementary provisions. 17.48.010 Objectives and characteristics. The objective in establishing the R-3 residential zone is to provide appropriate locations within the City for high density residential development. In general, this zone is located in the central part of the City, adjacent to commercial areas where the impact of vehicular travel and parking is consonant with adjacent use of land, and where multiple dwellings can best be supplied with necessary public facilities. This zone is characterized by more compact development and somewhat higher volumes of traffic than is characteristic of the R-1 and R-2 zones. Representative of the uses within the R-3 zone are one-household, two-household, three-household and four-household dwellings and apartment houses, and related community facilities. However, commercial and industrial uses are prohibited therein. Owners and developers of property should bear in mind that primacy is given to multiple household dwellings, boarding houses, rest homes and other high density residential uses, and should develop and maintain their property in recognition thereof. In order to accomplish the objectives and purposes of this title and to promote the characteristics of this zone, the following regulations shall apply in the R-3 residential zone. (Ord. 19-13 § 21 (part), 2019; prior code § 27-17-1) 17.48.020 Permitted uses and regulations. A. Permitted Uses. The following uses shall be permitted-by-right. If a use is not listed it is prohibited. 1. Accessory dwelling units as per Chapter 17.70. Ch. 17.48 R-3 Multi-Household Residential Zone | Moab Municipal Code Page 2 of 6 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 2. Agriculture. 3. Day care. Day care shall be permitted to operate subject to the following standards: a. City of Moab business license is required. b. A valid day care license or certificate as issued by the State of Utah is required. c. Applicants for a City business license shall submit a conceptual site plan that indicates: i. Ingress and egress to the property; ii. Drop off/pick up areas; iii. Traffic circulation; iv. Off-street parking (single-household residence plus space for each FTE staff member); v. Landscaping; vi. Buffering or separation from dissimilar uses; vii. Open space for older kids. d. Compliance with all applicable City regulations regarding noise, odor and glare. 4. Foster care homes. 5. Group homes. a. Such homes must be licensed by the State of Utah. b. All exterior aspects of a group home, including its scale and off-street parking configuration, shall conform with the requirements of the R-3 zone. c. Such homes shall provide off-street parking pursuant to Sections 17.09.210 through 17.09.340. d. Such homes may provide living arrangements for not more than sixteen residents per home (excluding supervisory personnel). 6. Home occupations subject to the requirements set forth in Section 5.80.050. 7. Multi-household dwellings. Developments consisting of seven or more multi-household units shall be subject to the following additional requirements: a. Access. Vehicular access shall be provided to the property in such a way that it does not impede traffic patterns on adjacent streets. Ch. 17.48 R-3 Multi-Household Residential Zone | Moab Municipal Code Page 3 of 6 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. b. Parking. Off-street parking shall be designed in such a way as to allow vehicles to pull forward into the on-street traffic flow. c. Garages or Carports. If provided, garages and carports shall not be located in the front yard and shall be set back from the front wall of the principal structure at least fifteen feet or be accessed from the rear or side of the property. d. Landscaping. All off-street parking shall be landscaped and buffered from adjacent uses. A minimum of fifteen percent of the interior of the parking area shall be landscaped to provide shade and break up the expanse of asphalt. e. Buffering. All adjacent uses shall be buffered by a distance of not less than fifteen feet and contain berms, shrubs, and other plantings. Buffering may be combined with screens, fences and hedges. f. Apartments and court apartments shall designate an open space/recreation area that is a minimum of two hundred square feet in size to be developed into recreation, play or landscaped areas. The requirement can be met with the construction of a recreation room (“rec room”) or club house of a similarly sized area that can be used for residents and their guests for recreation/social activities and/or relaxation. g. The allowed number of multi-household units shall be determined by Section 17.48.030. 8. One-household dwellings and accessory uses. 9. Places of worship. All places of worship shall be subject to the regulations established by Utah State Code Annotated (“UCA”). The Planning Department, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: a. Traffic impacts are minimized so that on-street vehicle flows will not be impeded. b. Noise, odor, and glare is contained on the property. c. Landscaping shall be completed in accordance with the provisions located in Sections 17.09.360 (Landscaping – Required) and 17.09.370 (Landscaping – Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. d. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. e. Adequate parking for the intended use is provided. 10. Planned unit developments subject to the requirements set forth in Chapter 17.66. Ch. 17.48 R-3 Multi-Household Residential Zone | Moab Municipal Code Page 4 of 6 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 11. Public facilities. This type of use shall be allowed in compliance with the following standards: a. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; b. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; c. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; d. Compliance with all applicable City regulations regarding noise, odor and glare; e. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; f. The use shall demonstrate that there is a benefit to the neighborhood or community; g. The proposed use shall not generate traffic in excess of the level of traffic associated with the number of residential dwellings that could be permitted on the parcel. 12. Public libraries. 13. Public parks and public recreation buildings. 14. Schools. All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: a. Traffic impacts are minimized so that on-street vehicle flows will not be impeded. b. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 15. Two-household dwellings and accessory uses. (Ord. 19-13 § 21 (part), 2019; Ord. 18-01 (part), 2018: Ord. 12-05 (part), 2012; prior code § 27-17-2) 17.48.030 Area requirements. An area of not less than five thousand square feet shall be provided and maintained for each one-household dwelling and two-household dwellings. All other multi-household development shall provide a minimum of two thousand square feet per unit for three-household dwellings and above. Schools, churches, boarding houses and other main buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area. Ch. 17.48 R-3 Multi-Household Residential Zone | Moab Municipal Code Page 5 of 6 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. An area of not less than three acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. (Ord. 19-13 § 21 (part), 2019; Ord. 13-01 (part), 2013: Ord. 97-04, 1997: prior code § 27-17-3) 17.48.040 Width requirements. The minimum width of any building site for a one-household dwelling or other buildings shall be fifty linear feet measured at a distance twenty-five feet back from the front lot line. (Ord. 19-13 § 21 (part), 2019; Ord. 13-01 (part), 2013: Ord. 11-15 (part), 2011; prior code § 27-17-4) 17.48.050 Location requirements. A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. No accessory building shall be constructed on a lot prior to the main building. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided, that the minimum distance between dwellings located on the same or adjoining lots shall be more than ten feet. On corner lots, the side yard that faces on a street shall be not less than twelve feet. C. Rear Setback. The minimum rear setback for any main building shall be twelve feet. D. The minimum side setback for accessory buildings on interior and corner lots is listed in Section 17.09.560, Accessory use or structure. (Ord. 19-13 §§ 12, 13, 2019; Ord. 13-01 (part), 2013: Ord. 10-14 (part), 2010; prior code § 27-17-5) 17.48.060 Special provisions. The following special provisions shall apply in this zone in order to protect its essential characteristics and to promote the purpose of this title: A. The ground floor area of the primary dwelling shall be at least five hundred square feet. B. The maximum permitted density of planned unit developments shall be ten units per acre of land contained within the development. (Ord. 18-01 (part), 2018: prior code § 27-17-6) Ch. 17.48 R-3 Multi-Household Residential Zone | Moab Municipal Code Page 6 of 6 The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. 17.48.070 Supplementary provisions. See Supplementary Requirements and Procedures Applicable Within Zones (Chapter 17.09 of this title). (Prior code § 27-17-7) The Moab Municipal Code is current through Ordinance 21-05, passed March 23, 2021. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company EXHIBIT D PUBLIC COMMENTS Attached are the written comments received on the proposed Kane Creek Rezone. They include comments by: Zane Taylor (2 comments) Sena Taylor (2 comments) Jeanette Kopell Lee and Marie -Jose Bridgers Cole Howe, Pastor Moab Baptist Church Neal Clark Zane Taylor/ Received via email 4.14.2021 Hello Nora and Cory, I live adjacent to the proposed Kane Creek rezone, and I need to make comment. I'm seeking some information in order to be more helpful. What is the plan for the new sewer line that will be needed for development on this property? Will the city seek to include the west 200 south lane (platted on TTN subdivision with a cul-de-sac) for street access? This lane through RA1 doesn't come close to meeting the standards for city streets, and jogs into private land not on the 200 South alignment. - The only reasonable option I can see for a new sewer line is eastward, across Pack Creek just south of the concrete pedestrian bridge on the 200 south alignment. Have these issues been addressed by planning and engineering? Thank you! Zane Taylor Sena Taylor via email 4.13.2021 Hello Nora, I'm alarmed by a proposal to have acreage on Kane Creek Blvd rezoned for high density housing. I own several acres adjacent to this. This area of town is one of the last green spaces, and I am firmly against an up zone. I hope I will be able to voice my concerns in person when the planning commission meets. The Covid veil has not boded well for the public's right to speak up. I am full vaccinated and would like to attend the planning commission meeting April 22. I look forward to your feedback. Sena Hauer Sena Hauer, sena a,mymules.com; 1-435-260-1582, through her attorney Kristine M. Rogers, provides the following comments to applicant Jacob Satterfield's narrative in support of his request to change zoning on Parcel #01-0001-0173 known as 398 Kane Creek Blvd., Moab, Utah 84532 from RA -1 to R3. A. Was the existing zone for the property adopted in error? Sena Hauer states: The existing zone for the property was not adopted in error. In support of her position she refers to the map of the area that shows the properties north of Kane Creek Boulevard and west of Main Street that includes 398 Kane Creek Blvd. are zoned RA -1 or the property is floodway. A further review of the map shows the property known as 398 Kane Creek Blvd. is adjacent to floodway on the northeast, RA -1 zoned properties on the northwest and Kane Creek Boulevard on the south. The RA -1 Zoning was intentional. B. Has there been a change of character in the area including, but not limited to the installation of public facilities or new facilities; other approved zone changes; new growth trends, deterioration of existing development; or the need for development transitions? Sena Hauer states: No new public facilities have been approved; no zone changes have been approved; there are no new growth trends that cannot be accommodated in an R-1 zone; the existing developments have not deteriorated; there is no need for a development transition in this area. Pursuant to 17.48.010 Moab City Ordinance: The objective in establishing the R-1 residential zone is to encourage creation and maintenance of a residential area within the City which is characterized by large lots on which single -household dwellings are situated, surrounded by well -kept lawns, trees and other plantings, or other normally accepted landscaping. A minimum of vehicular and pedestrian traffic and quiet residential conditions favorable to household living and the rearing of children shall also be characteristic of this zone. The objective of R-1 zoning is achieved by the current development. It is important to look beyond the tourism industry and the need for additional housing and focus on the bedrock of the residents of the Moab community who have chosen to live and raise families in an area surrounded by the beauty of the floodway and Mill Creek that is a home to deer, skunks, wild turkeys, a wide variety of birds and other creatures. The only development that has occurred in this area recently is projects by Rim to Rim Restoration that is working to remove invasive species and heavy fuels in order to provide a better habitat for wild animals. A bike path was added to 500 West when it was recently paved. C. Is there a need for the proposed zoning within the area or community? Sena Hauer states: There is not a need to change the zoning from RA -1 to R3. Pursuant to 17.42.030: An area of not less than ten thousand square feet shall be provided and maintained for each one -household dwelling and uses accessory thereto and at least twenty thousand square feet for all other buildings. An area of not less than five acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. Thus the current zoning allows Mr. Satterfield to develop the property known as 398 Kane Creek Blvd., and achieve the goals of objective of a neighborhood of single -household dwellings, surrounded by well -kept lawns, trees and other plantings, a quiet residential neighborhood favorable to household living and the rearing of children. Contrary to Mr. Satterfield's claim, the market does not demand a high -density development in this location. D. Is the proposed zoning/classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Is this being proposed? Sena Hauer states: The proposed zoning change is not compatible with the surrounding area or use. As stated above, the property known as 398 Kane Creek Blvd. is adjacent to floodway on the northeast, RA -1 zoned properties on the northwest and Kane Creek Boulevard on the south. Development of high -density housing will have an adverse impact on the current residents who enjoy living on large lots in a quiet neighborhood where they can rear their children; moreover a high - density housing development will disrupt wildlife habitat. Mr. Satterfield does not acknowledge the adverse impact the proposed zoning change would cause and offer no mitigation for the impact. For example: How does he intend to protect the floodway? How does he intend to deal with the high water table? How does he intend to protect wild life habitat? Has Mr. Satterfield consulted anyone about wildlife conservation? What is the impact on Kane Creek Boulevard? Has Mr. Satterfield consulted with the road department? What is the impact on the police department? Has he consulted with the Police Chief? What does FEMA say about high density housing in a flood plain? Has he consulted with FEMA? E. Will benefits be derived by the community or area by granting the proposed zoning? Sena Hauer states: Mr. Satterfield claims this location is "best used for what is being proposed as more affordable housing options." However he does not provide any details about the proposed affordable housing. Pursuant to 17.68.070 E. The affordable housing development plan shall contain, at a minimum, the following information: 1. A general description of the development, including whether the development will contain units for rent or sale; 2. The total number of market rate units and affordable housing units (with descriptions of the income subcategories) and a depiction of where those units will be situated on the plat/plan; 3. The square footage of each market rate unit and of each affordable unit measured from the interior walls of the unit; 4. The estimated sale price or monthly rent for each market -rate unit or lot and each affordable housing unit; 5. If construction of dwelling units is to be phased, a phasing plan stating the number of market rate and affordable housing units in each phase; 6. Statistical information as to the project area, developed area square footage, open space area, number of parking spaces, and the like shall be included; and 7. Affordability calculations and assumptions demonstrating that the housing will be affordable under current economic conditions. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? Sena Hauer states: It is unlikely that an R-3 high -density development can be adequately designed to serve this property. It is in a FEMA designated flood zone; even if it can extend the sewer line to connect, there are other utilities than sewer that Mr. Satterfield fails to address. Mr. Satterfield claims: "we are committed to take care of..." The question arises, who is Mr. Satterfield that the City should rely on his commitment? A review of Utah Court records reveals among many matters involving Jacob Satterfield: Case No. 116400016: North Star Recovery v. Jacob Satterfield, Blue Bison Development, et. al. This matter was tied up in litigation from March 2011 to August 2018 when judgment was entered against Jacob Satterfield. Case No. 124401424: Altee Dapper v. Jacob Satterfield. Judgment entered against Mr. Satterfield for $55,000 on July 29, 2019. On Dec. 19, 2019, Mr. Satterfield ordered to pay Ms. Dapper an additional $70,000. Case No. 136945234: State of Utah Child Support Services v. Jacob Satterfield. Judgment entered against Mr. Satterfield in the amount of $62, 580.00 on December 4, 2019. Case No. 206931623: Utah Tax Commission v. Jacob Satterfield, et. al. Tax lien $4611.73. Mr. Satterfield is not a licensed contractor in the State of Utah; he is not a licensed Realtor in the State of Utah. Mr. Satterfield has held financial interests in: BETTER LOAN PAYMENT, INC.; and JSATT CORP both of which were defendants in Case No. 116400016: North Star Recovery v. Jacob Satterfield, Blue Bison, referred to above. G. Does the application conform with the provisions of the Moab General Plan, the Land Use Code applicable agreements with affected governmental entities? Sena Hauer states: It is clear from Mr. Satterfield's response: "From the information we have been provided it appears that it does conform" that he has not researched this issue and is not familiar with the provisions of the Moab General Plan adopted July 2017. Mr. Satterfield fails to address how the proposed zone change will impact Moab water conservancy, the natural environment, the infrastructure, urban design, urban services, resource protection, historic preservation, protecting the flood channel or surrounding properties that are zoned RA -1. Pursuant to 17.48.020: The objective in establishing the R-3 residential zone is to provide appropriate locations within the City for high -density residential development. In general, this zone is located in the central part of the City, adjacent to commercial areas where the impact of vehicular travel and parking is consonant with adjacent use of land, and where multiple dwellings can best be supplied with necessary public facilities. This zone is characterized by more compact development and somewhat higher volumes of traffic than is characteristic of the R-1 and R-2 zones. First, 398 Kane Creek is not adjacent to commercial areas where the impact of vehicular travel and parking is consonant with adjacent use of land. Additionally, Mr. Satterfield provides no information about the impact of increased vehicular travel. The only public access to 398 Kane Creek is from Kane Creek Boulevard. It is difficult to determine the length of its frontage; the issue of ingress and egress from any development of this property must be considered. Mr. Satterfield disregards the impact of high -density housing on public services, such as the road department, will Kane Creek need to be improved to meet the needs of the residents of high -density housing? Will there be a need for a traffic light? Stop signs? Streetlights? Sidewalks? Cross -walks? How will the police department be impacted? It recently lost 25% of its police force. Will crime increase? Will there be an increased need for traffic enforcement? There are many, many issues that Mr. Satterfield fails to address. CONCLUSION I appreciate the opportunity to provide my comments to the Moab Planning Commission, Sena Hauer Public comment on Proposed Ordinance #2021-06 - Zone Change Application Kane Creek Rezone - Parcel #01-0001-0173 I'm a property owner in RA1 adjacent to the proposed Kane Creek rezone. The land in question is certainly ripe for development, however it needs to be done under current zoning, primarily because there is no plan to provide sewer service. Rezoning to a higher density can foreseeably lead to litigation from the developer for lack of sewer service. To question A: Was it zoned in error, I'd point out that the current zone was created through the hard work of the Planning Commission to accommodate development within the restrains of the environment. Sewer needs to flow downhill, and the current RA1 zone is compatible with the use on -site septic systems. This situation has not changed over time, and the plan is not out of date. To question B: Has there been a change of character in the area, it's important to keep in mind several points. • There has been no installation of public facilities or new utilities, nor other approved zone changes. • There haven't been trail connectivity enhancements. In fact, the landowner has closed the property to pedestrian trail access long used by many for recreation and access to work. Sewer main upsizing on 100 West is irrelevant, as it's across Pack Creek and likely uphill from the property. No other new sewer upgrades have been done. • The property is mostly surrounded by and most similar to property that is zoned RA1, to the northwest, north, northeast, and east. • Considering the price the seller is demanding, costs of development, and the current costs of building, it's unreasonable to foresee any truly affordable housing being created on this parcel. Regarding question C: Is there a need for the proposed zoning, let's keep in mind that many lots can be developed on the land as it's currently zoned. In answer to question D: Is the proposed zoning compatible with the surrounding area, the lack of sewer service makes a density up -zone unwise. Considering question E: Will the community benefit by granting the zone change, we need plan sensibly and with balance and have reasonable solutions in mind ahead of time regarding problems such how to provide as sewer service. In addressing question F: Are adequate facilities in place, we face the same problem with sewer. In addition, there's no water, natural gas, nor electrical infrastructure in place. The applicant states a commitment to take care of all this, but what legal structure stands behind this commitment? Please kindly keep in mind the landowner has shown an inability to get along with city staff or neighbors in any reasonable way. I expect we can all agree that Moab needs more affordable housing options, and I would invite new neighbors. But I ask that we be sensible and take a balanced approach. We need to avoid making changes that create problems we're not prepared to solve. Thank you for your service to this community and attention to these matters. Zane Taylor, 318 W. 200 S., 435-260-8035 Jeanette Kopell. Received via email 4.16.2021 Dear Planning Commission and Staff, Thank you so much for your service during this time of change, both personally and professionally. Change, although we know that it will happen, we can direct that change to make our world a little better. I knew this property would someday change. A flat piece of property, in the City of Moab, with access to a major thoroughfare. A dream piece of property for any development. I have to say, yes and no. The piece of property in this conversation is not the best piece of property for large development under the surface. Please correct me if I am wrong, but there is no sewer going to that piece of land. It is on a septic system. All properties surrounding the property are on septic systems. The property is also lower than the new sewage line. (Please forgive me if I am wrong). Does that mean that the City will have to construct another pump system to get the waste water to the treatment plant? We know what has happened in the past with the pump on Williams Way and 5th West....Alarms going off in the middle of the night, because the pump is overloaded. Maybe they have fixed the problem, but you all know what I am getting at. Does the city pay for the upgrade, or does the developer? The property is zoned RA -1. Most of the property surrounding the subject property is RA -1. That means that the owner can put up to 70 units on the property without an upzone. Don't you as community members think that 70 units is enough? Right across from that property, there is a new development going up with up to 80 units. Kane Creek, as a major thoroughfare, is a road falling apart, with more and more people using Kane Creek and 5th West as an artery street from 191. Before you make a decision on upzoning this property, please think of the residents and the consequences of your actions. When I was on the Commission in the past, I really tried to say to myself, balance. As a past member, I have to say, I struggled with some of my decisions. Developers have the right to develop, I get that, and respect their decision or plans. We as citizens of Moab, along with P and Z staff have the power and will to say to ourselves, we want safe, well thought out, and balanced development and we have to stay the course. Developers really don't think of the consequences of their actions, once they have sold the property, and gotten their money, they are gone. We as citizens have to live with our decisions whether they be good or bad. Thank you for your time, Jeanette Kopell To: City of Moab Planning Commission From: Lee and Marie -Jose Bridgers 124 W 200 South Regarding: Proposed ordinance #2021-06. Zoning change application and plans for subdivision. Kane Creek Rezone Parcel #01-0001-0173, 398 Kane Creek Blvd, Moab, UT 84532 - Bordering on Pack Creek and Bullick Cross Creeks Park. As longtime, year round, elder residents and business owners of a home business property adjacent the proposed re -zoning, we cannot agree to the change, unless access from 200 South Street be for bicycles and pedestrians only, a portion of property in question be set aside for a community garden and the park section donated by the Bullick family be respected and restored (which we will assist in —we have been waiting for this shoe to drop). At no point should an elevated road be built over Pack Creek at the North end of said property to service this new zoning that is supposed to be "green" and "environmental" and all those other things that are meaningless in a discussion about mowing down a property for development. They are half lies, not truth. If this is truly to be "green," then let's preserve and restore the green vegetation at the Pack Creek entrance to Bullick Cross Creeks Park as a bike route and trail connector, giving it the character it deserves. We had worked this out with David Everett and Tiff Miller, the City Parks manager that disappeared with his family when he opposed Everett. At present we are concerned with this next spurt of development and would like to see the natural beauty of Bullick Park RESTORED, as was promised by the City Parks manager. We were to see a major reworking of the end of the street and it simply never happened. It was abandoned when Tiff Miller disappeared. We live at 124 West 200 South next to the bird preserve called Bullick Cross Creeks Park and recently endured the noisy, smelly construction of the ridiculous concrete culvert bike bridge. This new challenge to the current zoning of the property adjacent to the bridge would impact our lives in the same way, but much worse. One of the results of the lengthy construction of that little dam called a bike bridge was that my wife had a nervous breakdown and the worse case of shingles imaginable, then surgery for a life threatening infection that required months of recovery and repeated surgical treatments. She was kicked out of City Hall during this time for getting angry with the city manager. He couldn't see the shingles covering her torso or understand why she was so upset with the noise outside our bedroom. Watching the destruction of the little spot on Pack Creek, while enduring the constant noise and fumes from the huge petrol powered generator thirty feet away from our door, feeding our swamp cooler with exhaust, running 24-7 for two months solid and the daytime "beep beep beep beep beep beep" of the bulldozers for months on end —this destroyed her piece of mind, her health and well being. I, too, suffered the stress of watching the wildlife run for cover and vanish, the constant noise and fumes, but the worst of it was watching my wife slip into deep suicidal depression to the point of crisis intervention. And it just might be time to consider stopping the orchard busting real estate scam, too. Enough is enough. Orchard Villa? That's a joke, right? Let's keep what agricultural designated land zoning is left in town intact. We will need it. The Moab Valley has been a traditional producer of food stuffs since humans inhabited this place, a rare valley with water from three sources: rain, the mountains to scrub moisture from the atmosphere and the river that magically crosses a valley. Pack Creek is a part of that vital water resource and this section of the creek is designated as wetlands and has not been treated as such. And to say that we can just shift land use into the outskirts of the valley is a joke. You can't "move" farmland and we are loosing farmland in the valley, as well. Walmart happens and Moab stops at some point. It is finite, terribly so. The south Valley is turning into a scab on the earth. Let's keep the end of 200 South mellow, if possible, at least for a few more years. Do it for your elders, if you can. If this project goes ahead, there must be some sort of buffer of vegetation around this new development, especially where it contacts the wetlands. And consideration must be made for its current zoning as an agricultural resource. I suggest a substantial community garden (or two) as part of the project. If you want to actually go "green," make it literal. There must be vegetation to stabilize the creek naturally and wisely —not like the horrid job the city did here at the end of 200 South with the casual "revegetation" after construction of the cement plug called a bike bridge. The rip rap culvert is doomed to failure because there was obviously no consideration that the rip rap system requires the seeding of certain grasses at a stage in laying down the rip rap. That is the normal process of rip rap, but it simply was not done in this case. Way to go, City of Moab, incompetent as usual. At some point, the bike bridge be damned, the two creeks, Pack and Mill, must be treated like creeks, not just water courses, but living ecosystems in a vital wetlands environment that supports rare wildlife. This is a wetland, an irreplaceable resource, a wildlife corridor and habitat. The City of Moab is lousy at protecting wetlands, obviously. We just lost the most sacred asset because the town refuses - to deal with protecting it. The City of Moab needs to be held responsible for that, by the way. And I am so distrustful of city government at this point, I assume it was burned on purpose, or allowed to burn on purpose. I think a lot of people feel that way. The violence of heavy machinery and the construction and halfhearted attempt at revegetation at the west end of 200 South next to the college campus has certainly destroyed the bird habitat behind us and visitation by many species has ceased completely, not just the rare and endangered yellow billed cuckoo, but all species were affected. The foxes are gone. Deer are rare. Coons still here, but the beaver are gone, though we did get a stray visitor, cutting down the newly planted cottonwood. It used to be constant bird songs at the end of 200 South. This is no longer the case. Complete silence all day now, save from a raven or two. The City destroyed the habitat so a handful of people could ride a shorter bike route to the liquor store and Main Street (while Williams Way is nearby!), which I assume was the plan all along in preparation of this new rezoning. We are turning all the wild and farming lands in the valley into residential housing for profit under the guise of supporting habitation for "workers" who might want us to "make green transportation more realistic and likely," or so says the proposal. Does anyone in the commission know what "green" is? It's a color. Anyone thinking that workers in a tourist town will actually be able to afford downtown housing has not been to Vail, Colorado. Go look at their situation. That town has about as much character as a bowling ball and the workers are miles down the highway in a place that looks like a concentration camp. Our interaction with the City Manager at the time of the construction of the culvert bridge was as telling as anything that has ever happened to us in this town. David Everett actually showed up unannounced with a crew to start construction on the very day giving us notice ON SITE, remarking snidely that, "You knew what your were getting into when you bought this property." We bought it because it was a piece of paradise in the middle of town, but as he was insisting that the construction must go on. Then he received a phone call at that very moment and the project was then slowed by the fact that a rare bird was nesting in the Bullick Creek bird preserve. When they finally finished the project over budget they just threw some rocks and sandbags down and did little to manage drainage or the appearance or signage. The destruction started with killing the beavers. Now the city is killing us: Sincerely, Lee Bridgers To Whom It May Concern: Thank you for the information regarding the Proposed Ordinance #2021-06 for the Kane Creek Rezone. The comments of the applicant are very legitimate concerning the housing needs of Moab, especially as stated in Section B. Dealing with primarily locals, the practical housing issues are poor at best. Housing for local workers and families is a tremendous necessity. Furthermore, more housing is desperately needed. There are several consideration regarding this proposed rezone from the standpoint of Moab Baptist Church: 1. What is the developer's intended project for this property? Apartments for monthly rentals with studio, one-, two-, and three -bedroom options? Duplexes? Condos for nightly rentals? 2. Will this project be through, or in conjunction with the Housing Authority or the local non-profit Community Rebuilds? 3. The current entrance from Kane Creek into the property is through a right-of-way on Moab Baptist's property. Will this entrance be moved to be accessed directly from Kane Creek? 4. The application mentions "...sewer main upsizing...". This brings about several questions and a comment regarding the sewer: a. Will the properties of Moab Baptist Church and the property owned by the Robb family be required to hook up to the sewer? b. Where is the proposed "tie in" to the sewer (Kane Creek or 500 West)? c. If we are to hook up to the sewer, what is the time frame for this to occur? d. Hooking up to the sewer proves to be of significant cost to us as a land owner, costs that could require a substantial bank loan. Thank you for your time, Cole J. Howe Pastor Neal Clark Planning Commission- I'm writing regarding the requested zoning amendment for 398 Kane Creek Blvd. from RA -1 to R-3. The developer/owner's application talks a big game regarding the desire to help meet the demand affordable and entry-level housing in the community, and why an upzone will help meet that demand. Yet there is nothing that guarantees an upzone will result in the development of affordable housing units. The only guarantee is that the upzone will greatly increase the value of the undeveloped property. While little can be known about the applicant's ultimate development plans, it is worth looking at their actions to date and how those actions have impacted the Mountain View neighborhood and the many low-income and non -driving residents living across Kane Creek from the property at issue. A path along the edge of the property at issue (which follows Pack Creek) has been used by residents of the Mountain View neighborhood for at least a decade (if not far longer). This path is the only safe point of connectivity between downtown and the Mountain View neighborhood for pedestrians, as it provides a direct route downtown, links to the Mill Creek parkway/Bullock Creek Park/W 200 South, and avoids dangerous parking lots and busy streets. Unfortunately, since early 2020, the property owner has physically barricaded the path with wire and fencing, and has posted No Trespassing signs, effectively closing off all pedestrian access. This has been a tremendous loss for the Mountain View neighborhood and the City's goals of sustainability and non - motorized commuting connectivity. And, frankly, it indicates the owners lack of awareness or general disregard of the issues and needs of the adjoining neighborhood, especially as it relates to the high number of residents who primarily walk and bike for transportation. While contract zoning is illegal in Utah, the owner would go a long way in assuring the neighbors and greater community of their intentions to help the greater good by granting an easement to the City for a pedestrian path through the property now. Such an easement would help address non -vehicle transportation concerns for residents and will show a true willingness to ensure that any future development of the property is intended to be consistent with affordability, sustainability, and connectivity goals. Thank you. 8/24/2021 City of Moab Mail - Kane Creek Village rezone parcel #01-0001-0173 https://mail.google.com/mail/u/0?ik=4dc26f20dd&view=pt&search=all&permthid=thread-f%3A1709002411607170188&simpl=msg-f%3A170900241160…1/1 Nora Shepard <nshepard@moabcity.org> Kane Creek Village rezone parcel #01-0001-0173 2 messages Molly Taylor <mollymae50@hotmail.com>Tue, Aug 24, 2021 at 1:01 PM To: planner@moabcity.org Kane Creek Village rezone parcel #01-0001-0173 . 398 Kane Creek This rezone should follow Moab City Plans - please require adequate parking space for the adjusted density, parking for accessory vehicles and equipment and room for emergency vehicles and fire trucks to enter and exit and turn within the zoning. This should have two ways of entering or leaving the rezone onto Kane Creek Blvd. The proposed density is limiting and dangerous with only one access. Perhaps the Planning Commission has to draw out an adequate version of this zoning with enough space entering and leaving units. There is no public access to the private lane off of 500 West. The Moab City approved a cut-de-sac off of the “Taylor Town” property zones and the now, R. Paxman’s property. This needs to be addressed before any approval of rezoning. Currently, the private lane is too narrow and crowded for further traffic, and was privately paved. It can not handle more traffic at this time. And there should be foot traffic access to the trail system to access 200 South. I don’t think a building plan should be approved without the space needed for safe lifestyles, and my nativity is based on seeing some tight access to new units off of 2 S 100 W, or W. Center St. off of 100 W.- I glanced at living units behind the Spitfire grill and I would encourage everyone to drive by and see if you could live in that tight of an entrance to a garage and lack of parking/access. I assumed the City and demanded new units have access for vehicles. Or Public space. But I was wrong. Thank you, Molly Taylor Nora Shepard <nshepard@moabcity.org>Tue, Aug 24, 2021 at 1:13 PM To: Planning Commission <planning-commission@moabcity.org>, Brityn Ballard <britynballard3507@gmail.com> Comment on the Kane Creek Village Rezone Nora Shepard Planning Director City of Moab 217 E. Center St. Moab, UT 84532 (435) 259-5129 [Quoted text hidden] Page 1 of 3 August 26, 2021 MOAB CITY PLANNING COMMISSION REGULAR MEETING August 26, 2021 The Moab Planning Commission held its regular meeting on the above date via a Zoom Meeting. An audio recording of the meeting is archived at http://www.utah.gov/pmn/index.html. A video recording of the meeting is archived at https://www.youtube.com/watch?v=Rv1kTe5m5J8. 1.Regular Meeting—Call to Order and Attendance: Planning Commission Chair Kya Marienfeld called the meeting to order at 6:06 pm. In attendance were Planning Commission Members John Knight, Luke Wojciechowski, Ruben Villalpando-Salas, Jessica O’Leary, Becky Wells, and Brityn Ballard. Staff in attendance were Planning Director Nora Shepard, Assistant Planner Cory Shurtleff, and Recorder Sommar Johnson. 2.Citizens to be Heard: There were no citizens to be heard. 3.Public Hearing 3.1 Public Hearing - Continued - Proposed Planning Resolution 06-2021 A Resolution Approving the Creekside Townhomes, a Nine Unit Townhome Site Plan and Preliminary Plat Commission Chair Marienfeld said the public hearing is a continuation from the August 8th meeting. Planning Director Shepard said the applicant’s engineer is collaborating with the City Engineer to provide information relative to the floodplain, but it is not available yet. There were no citizens for this public hearing, so Commission Chair Marienfeld closed the public hearing at 6:11 PM. 3.2 Public Hearing and Possible Recommendation to City Council on Ordinance 2021-16 An Ordinance Amending the Text of the Moab Municipal Code (MMC) to Revise Section 17.70 Accessory Dwelling Units and Section 17.06.020 Definitions Planning Director Shepard provided background about this agenda item. There was discussion about the language of the code, deed restrictions, maximum external ADU size, and setback size. Commission Chair Marienfeld opened the public hearing at 6:57 PM. There were no comments, and Commission Chair Marienfeld closed the public hearing at 6:58 PM. There was continued discussion about removing the requirement of an ADU being constructed after the primary dwelling. Motion: Commission Chair Marienfeld moved to continue this agenda item 3.2 regarding ADUs an ordinance amending our municipal code for accessory dwelling units and definitions to the next meeting which will be September 9th. Commissioner Villalpando-Salas seconded the motion. Vote: Motion passed 7-0 with Commissioners Wells, Ballard, O’Leary, Wojciechowski, Villalpando-Salas, Knight, and Marienfeld voting aye. 3.3 Public Hearing and Action Item - Proposed Ordinance #2021-15, An Ordinance Approving a Zoning Map Amendment for Property Located at Parcel #01-0001-0173, Approximately 398 Kane Creek Blvd, Moab UT 84532, Amending the Subject Zone from RA-1 Residential- Agricultural Zone to RA-1 and R-3 Multi-Household Residential Zone Planning Director Shepard introduced the agenda item. Assistant Planner Shurtleff provided background information for the rezone application. Commission Chair Marienfeld opened the public hearing at 7:19 PM. She said Zane Taylor had Page 2 of 3 August 26, 2021 submitted a comment via email with several concerns. Planning Director Shepard added that input was received last week from Molly Taylor about concerns regarding the rezone. Commission Chair Marienfeld closed the public hearing at 7:20 PM. Discussion: Commissioner Wojciechowski expressed concern about potential townhomes in the R-3 portion of the rezone. Commissioner O’Leary inquired about the differences between the previous rezone application and the current one. Planning Director Shepard said the two RA-1 acre parcels provide a transition buffer for the R-3 zone. Commissioner Wells recused herself from the discussion. Applicant Jake Satterfield said the new rezone proposal includes two one- acre lots as a buffer for the R-3 zone. He said there will be pathway connectivity for bike and foot traffic along the east border of the property to connect to the pedestrian bridge and 200 South. He said the plan is to restrict one-third of the units as primary residence units. He said any further modifications will be addressed through the staff processes. Assistant Planner Shurtleff shared the most recent proposal from the applicant, which does not have the road connect to the cul-de-sac in the northwest corner. Commissioner Wojciechowski expressed concern about the number of units that would be available for purchase by second homeowners instead of local residents. There was a discussion about the lack of an open space requirement for the R-3 Zone. There was a discussion about doing a PUD versus a rezone. Commissioner Knight said this is a great opportunity to utilize the property to the highest and best use. Motion: Commission Chair Marienfeld moved to forward a positive recommendation to the City Council on Ordinance 2021-15 an ordinance approving the zoning map amendment for the property located at parcel 01-0001-0173, approximately 398 Kane Creek Blvd, amending the parcel zone from RA-1 Residential-Agricultural Zone to RA-1 and R-3 Multi-Household Residential Zone. Commissioner Villalpando-Salas seconded the motion. Discussion: Commissioner O’Leary agreed that the density and supply needs increased within the city, but she has some reservations. She said the current zoning was not done in error, and she would prefer to see more of a buffer on the back two sides of the property. Vote: Motion passed 4-2 with Commissioners Villalpando-Salas, Knight, Ballard, and Marienfeld voting aye. Commissioners Wojciechowski and O’Leary voted no, and Commissioner Wells was recused from the vote. 4.Action Item 4.1 Action Item - Consideration and Possible Approval of Planning Resolution #07-2021, A Planning Resolution Approving an Amendment to the Approved Site Plan for the Moab Regional Hospital Located At 450 Williams Way, Moab UT 84532 Discussion: Assistant Planner Shurtleff shared a presentation about the project. Jen Sadoff, CEO of the Moab Regional Hospital, provided background on the project. Paul Garland clarified that he is the landscape architect for the project. Commissioner Wojciechowski recused himself from this agenda item. Motion: Commissioner O’Leary moved that the Planning Commission conditionally approve Planning Resolution 07-2021, a planning resolution approving an amendment to the approved site plan for the Moab Regional Hospital located at 450 Williams Way, Moab, Utah 84532, subject to the following condition, and that condition is that all engineering comments shall be addressed to the satisfaction of the City Engineer prior to building permit application approval, including: the legal description must be corrected: “Southwest corner of Section 1, Township 26 South, Range 21 East..” the corner should be corrected to Northwest to match the drawing, and please make sure to call out APWA standards and add the details on the plan set. Commissioner Villalpando-Salas seconded the motion. Vote: Motion passed 6-0 with Commissioners O’Leary, Villalpando-Salas, Marienfeld, Ballard, Page 3 of 3 August 26, 2021 Knight, and Wells voting aye. Commissioner Wojciechowski was recused from the vote. 5.Future Agenda Items: Assistant Planner Shurtleff said there will be several upcoming agenda items because the Planning Department has been very busy. There was discussion about zoom or hybrid meetings in the future. 6.Adjournment: Commission Chair Marienfeld adjourned the meeting at 8:14 PM. 4827-5593-8558, v. 3 1 WHEN RECORDED RETURN TO: Grand County Recorder DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOAB AND BLUE BISON DEVELOPMENT THIS DEVELOPMENT AGREEMENT (the “Agreement”) is entered into this _____ day of _______________________, 2021 (the “Effective Date”), by and between JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT (“Developer”) and the CITY OF MOAB, a municipality and political subdivision of the State of Utah (the “City”). Developer and the City are hereinafter sometimes referred to individually as a “Party” or collectively as the “Parties.” RECITALS A. Developer is or will soon be the owner of approximately 9.98 acres of real property located within the boundaries of the City as more particularly described in Exhibit A (the “Property”). B. Developer has made application to the City for a general plan map amendment and zoning map amendment to rezone a portion of the Property as shown on Exhibit B (the “Rezone Section”) as R-3 Multi-Household Residential for the purpose of constructing a multi-family residential development consisting of 175 residential units and other related improvements on such portion of the Property (the “Project”). C. The intent of this Agreement is to facilitate the consideration of a Rezone from RA- 1 Agricultural-Residential Zone to the R-3 Multi-household Zone to provide for the inclusion of a specified number of residential units within the Project that are available for occupancy only by Actively Employed Households (defined below). D. The City, acting pursuant to its authority under UTAH CODE ANN. §§ 10-9a-101, et seq., has made certain determinations with respect to the Property and the Project and, in the exercise of its legislative discretion, has elected to process and approve this Agreement prior to final action on the Rezone request. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Incorporation of Recitals. The Recitals and Exhibits are hereby incorporated by reference as part of this Agreement. 2. Conditions Precedent. 4827-5593-8558, v. 3 2 2.1. Closing of Property Transactions. As a condition precedent to the obligations of the Parties hereunder, this Agreement is contingent upon and shall only become effective at such time, and in the event that, Developer closes on the sale of the Property. In the event that the sale fails to close, this Agreement shall be of no further force and effect and the Property shall revert to the pre-existing, underlying zoning districts in which the Property is currently located. The current owner of the Property, Neil Bruce Johnson, shall have no vested rights pursuant to this Agreement. 2.2. Approval of Zoning by City Council. As a second and additional condition precedent to the obligations of the Parties hereunder, this Agreement is contingent upon and shall only become effective at such time, and in the event that, the Moab City Council, in the independent exercise of its legislative discretion, elects to approve the proposed rezoning of the Rezone Section to the R-3 Zone. This Agreement is not intended to and does not affect or in any way bind or supersede the independent exercise of legislative discretion by the City Council in deciding whether to approve or deny the application for the rezoning of the Rezone Section. 2.3. Site Plan Approval. Developer shall develop the Rezone Section generally in accordance with the site-specific land uses allowed and the development standards set forth in the Moab City Code (the “Code”) and applicable to the R-3 Zone. This Agreement is not intended to and does not affect or in any way bind the City to approve any Site Plan proposed by Developer that does not comply with Section 17.67.060 of the Code or relieve Developer of complying with Chapter 17.67. 3. Specific-Development Standards. (a) The capitalized terms set forth below shall have the indicated meanings: “Active Employment 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 the City of Moab or Grand County; or (2) an owner or owner’s representative of a business or entity with a primary place of business within the City of Moab; 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 the City of Moab; or (4) a person who is unable to work or does not have a work history required under subsections 1 through 3 above due to a disability; or (5) a retiree with a work history required under subsections 1 through 3 above for the five years prior to retirement. “Active Employment Unit” means a dwelling in the Project that is required to be occupied by an Active Employment Household defined as follows: 4827-5593-8558, v. 3 3 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 “Daily Rate” initially means One Hundred Dollars ($100.00) per day, which Daily Rate shall increase by the amount of three percent (3%) per annum, commencing on January 1, 2022 and on January 1st of each calendar year thereafter. (b) Developer agrees that not less than thirty-three percent (33%) of the number of dwellings eventually approved as part of a Site Plan process for the Project shall be deed restricted to be Active Employment Units. Prior to preliminary and final plat approvals for any phase of the Project the Active Employment Units shall be identified on the preliminary and final plat for such phase. (c) The Active Employment Units shall be ready for occupancy no later than the date of the initial or temporary occupancy of any free market units within the Project or applicable phase thereof. If the free market units are developed in phases, then the Active Employment Units may be developed in proportion to the phasing of the free market units, e.g. not less than 33% of the units developed for occupancy in any phase shall be Active Employment Units. (d) Except as otherwise agreed to by the City and the Developer, or its successors and assigns, Active Employment Units shall only be occupied by households who qualify as Active Employment Households. Active Employment Units shall be occupied by Active Employment Households a minimum of nine (9) months per calendar year. (e) Developer intends, declares and covenants, on behalf of itself, all future owners of the project subject to the Rezone, and all parties that obtain any interest in any dwelling within the 4827-5593-8558, v. 3 4 Project, that this Agreement and the covenants and restrictions set forth herein regulating the use and occupancy of the Active Employment Units shall be covenants running with the portion or land requesting rezone, and the land and improvements constituting the Active Employment Units, and, for the benefit of the City, shall encumber the Rezone Property and such Active Employment Units, and shall be binding upon the Developer, all subsequent owners of the Active Employment Units, and any other party with an interest in any portion of an Active Employment Unit or the Rezone Section prior to the creation of the Active Employment Units required hereunder. Developer agrees, prior to the issuance of a building permit for the construction of the Project, or any phase thereof, to record a restrictive covenant on each Active Employment Unit to be constructed (or to be constructed in the applicable phase) reflecting the use and occupancy restrictions applicable to such Active Employment Unit in form and substance acceptable to the City. (f) The restrictive covenant shall extend for a period of not less than 99 years from the date of recording and, at a minimum, recognize the following default conditions and impose the following penalty. It will be a default of the restrictive covenant if the Active Employment Unit is occupied by any household that is not an Active Employment Household, if, 30 days after written notice from the City, the Active Employment Unit it not occupied by an Active Employment Household. Likewise, it will be a default of the restrictive covenant if the Active Employment Unit is not occupied by an Active Employment Household for more than ninety (90) days in any calendar year, if, 30 days after notice from the City, the Active Employment Unit is not occupied by an Active Employment Household. In the event of default, monetary penalties may be assessed by the City against the Active Employment Unit owner in an amount equal to the number of days that the Active Employment Unit is not occupied by an Active Employment Household multiplied by the Daily Rate, commencing on the date of the City’s written notice of default and continuing thereafter until the date that the default is cured. The City reserves the right to seek specific performance of the restrictive covenant and judicial enforcement of the foregoing penalties, including seeking a judgment lien and foreclosure. 4. Approval Process for Development Applications. The City shall process applications for development of the Project in accordance with the provisions of the Code. Developer expressly acknowledges and agrees that nothing in this Agreement shall be deemed to relieve it of the obligation to comply with all of the applicable requirements for approval of preliminary and final subdivision plats, or preliminary and final site plans, as applicable, for the proposed development of the Project consistent with the terms and conditions of this Agreement and the applicable provisions of the Code. 5. Phasing. Developer may develop the Project in several phases as market conditions dictate as long as (1) each phase provides for the logical extension of infrastructure and utilities as approved by the City and in compliance with the terms of this Agreement and the applicable provisions of the Code, and (2) not less than 33% of the dwellings in each phase shall be Active Employment Units. All phasing decisions for the Project shall constitute minor modifications. Developer agrees to proceed with construction of the Project with reasonable diligence consistent with a site plan for the Project, which site plan must be approved by the City pursuant to the City’s site plan approval process. 4827-5593-8558, v. 3 5 6. Payment of Fees. 6.1. Development Application and Review Fees. Developer shall pay to the City all of the fees, including, but not limited to, application fees, impact fees and connection fees for review and approval of development of any and all phases of the Project in the amounts set forth in the City’s Master Fee Schedule. 6.2. Other Fees. The City may charge other fees in existence as of the date of this Agreement, including, without limitation, standard building permit review, and inspection fees for improvements to be constructed on improved parcels that are generally applicable to other developments within the City. 6.3. Reservation of Right to Challenge Fees. Notwithstanding any provision of this Agreement, the Developer does not waive Developer’s rights under any applicable law to challenge the reasonableness or legality of the amount or imposition of any fees. 7. Vested Rights. 7.1. Vested Rights. If the rezone is approved and once a specific Site Plan Approval has been approved, Developer shall have the vested right to develop and construct the Project in accordance with and subject to compliance with the terms and conditions of this Agreement, the R-3 Zone, Site Plan requirements and other applicable provisions of the Code as of the Effective Date. If no substantial construction has been initiated as part of the Project within two (2) years of the date of this Agreement plus any period of force majeure, the City may consider rezoning the property to revert back to the zoning districts that existed prior to the approval of the R-3 Zone. To the extent that there is any conflict between the text portion of this Agreement and the Exhibits, the more specific language or description, as the case may be, shall control. Where any conflict or ambiguity exists between the provisions of the Code and this Agreement (including the Exhibits to this Agreement), this Agreement shall govern. Notwithstanding the foregoing, the rights vested as provided in this Agreement are not exempt from the application of the Code and to subsequently enacted ordinances to the extent, but only to that extent, that failure to apply such subsequently enacted ordinance would impair the City’s reserved legislative powers in Section 8.2. 7.2. Contingency. If the City Council does not approve the Rezone application, this agreement shall be considered null and void. 7.3. Reserved Legislative Powers. The Parties acknowledge that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions set forth herein are intended to reserve to the City those police powers that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under the police powers, such legislation shall only be applied to modify any development standards that are applicable to the Project under the terms of this Agreement based upon policies, facts and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine of the State of Utah. Any such proposed legislative changes shall be of general application to all development activity in the City; and, unless the City declares an emergency, Developer shall be entitled to prior written notice and an opportunity to be heard with respect to any proposed 4827-5593-8558, v. 3 6 change and its applicability to the Project under the compelling, countervailing public interest exception to the vested rights doctrine. 8. Infrastructure and the Provision of Municipal Services. 8.1. Construction of Necessary Infrastructure to Service the Project Developer shall have the obligation to construct or cause to be constructed and installed all of the public or private infrastructure, including, but not limited to, roads and utilities, which are located on and necessary to service any portion of the Property, as applicable, as part of the Project, which are the subject of an application for development approval, and any off-site improvements necessary to connect to existing utilities. 8.2. Third Party Service Providers. The Parties understand and acknowledge that the the Developer shall be responsible to obtain the approval and incur the costs of constructing any off-site and on-site infrastructure and improvements from third party service providers including, but not limited to, [Rocky Mountain Power, Questar Gas and [INSERT]] that are necessary to service any portion of the Property, as applicable, as part of the Project. 8.3. Maintenance of Private Roads and Improvements. Developer shall have the duty to maintain all private roads and areas designated as such on subdivision plats that are located within that portion of the Project constructed on the Property, if any. 8.4. City Provided Services. The City agrees that it shall make available to the Project (subject to completion of the Developer’s construction of the improvements Developer is required to construct hereunder, and where applicable, application for service, issuance of applicable permits and payment of connection fees and applicable commodity usage rates) 9. Term of Agreement. The term of this Agreement (the “Term”) shall be for a period of five (5) years following the date of its execution by all Parties, unless it is terminated earlier or its Term is modified by written amendment to this Agreement, but the terms of this Agreement shall continue to be effective as to applications that have been subm itted and development that has occurred within the Project notwithstanding the termination of this Agreement. 10. Successors and Assigns. 10.1. Binding Effect. This Agreement shall be binding upon the Parties and their respective successors and assigns in so far as it pertains to the ownership or development of any portion of the Property and the Project. 10.2. Assignment. Neither this Agreement nor any of its provisions, terms or conditions may be assigned to any other party, individual or entity without assigning the rights as well as the responsibilities under this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. Any such request for assignment may be made by letter addressed to the City as provided herein and the prior written consent of the City may also be evidenced by letter from the City to Developer or its successors or assigns. 11. Default. 4827-5593-8558, v. 3 7 11.1. Notice. If Developer or the City fail to perform their respective obligations hereunder or to comply with the terms hereof, the party believing that a default has occurred shall provide notice to the other party as provided herein. If the City believes that the default has been committed by Developer, then the City shall also provide a courtesy copy of the notice to Developer. 11.2. Contents of the Notice of Default. The Notice of Default shall: 11.2.1. Claim of Default. Specify the claimed event of default; 11.2.2. Identification of Provisions. Identify with particularity the provisions of any applicable law, rule, regulation or provision of this Agreement that is claimed to be in default; 11.2.3. Specify Materiality. Identify why the default is claimed to be material; and 11.2.4. Optional Proposed Cure. If the City chooses, in its discretion, propose a method and time for curing the default which shall be of no less than sixty (60) days duration. 11.3. Meet and Confer. Upon the issuance of a Notice of Default, the Parties shall meet within ten (10) business days and confer in an attempt to resolve the issues that are the subject matter of the Notice of Default. 11.4. Remedies. If, after meeting and conferring, the Parties are not able to resolve the default, then the Parties may have the following remedies: 11.4.1. Legal Remedies. The rights and remedies available at law and in equity, including, but not limited to injunctive relief, specific performance and termination, but not including damages or attorney’s fees. 11.4.2. Enforcement of Security. The right to draw on any security posted or provided in connection with the Project and relating to remedying of the particular default. 11.4.3. Withholding Further Development Approvals. The right to withhold all further reviews, approvals, licenses, building permits and/or other permits for development of the Project on those properties owned by the defaulting party. 11.5. Public Meeting. Before any remedy in Section 12.4 may be imposed by the City, the party allegedly in default shall be afforded the right to attend a public meeting before the Council and address the Council regarding the claimed default. 11.6. Emergency Defaults. Anything in this Agreement notwithstanding, if the Council finds on the record that a default materially impairs a compelling, countervailing interest of the City and that any delays in imposing such a default would also impair a compelling, countervailing 4827-5593-8558, v. 3 8 interest of the City then the City may impose the remedies of Section 12.4 without meeting the requirements of Section 12.5. The City shall give Notice to Developer and/or any applicable successor or assign of any public meeting at which an emergency default is to be considered and the allegedly defaulting party shall be allowed to address the Council at that meeting regarding the claimed emergency default. 11.7. Extended Cure Period. If any default cannot be reasonably cured within sixty (60) days then such cure period may be extended as needed, by agreement of the Parties for good cause shown, so long as the defaulting party is pursuing a cure with reasonable diligence. 11.8. Cumulative Rights. The rights and remedies set forth herein shall be cumulative. 11.9. Force Majeure. All time periods imposed or permitted pursuant to this Agreement shall automatically be extended and tolled for: (a) period of any and all moratoria imposed by the City or other governmental authorities in any respect that materially affects the development of the Project; or (b) by events reasonably beyond the control of Developer including, without limitation, inclement weather, war, strikes, unavailability of materials at commercially reasonable prices, pandemics and acts of God, but which does not include financial condition of the Developer or its successors. 12. Notices. Any notices, requests and demands required or desired to be given hereunder shall be in writing and shall be served personally upon the Party for whom intended or if mailed be by certified mail, return receipt requested, postage prepaid to such Party at its address shown below: To the Developer: [INSERT] To the City of Moab: Moab City Attn: City Manager 217 E. Center Street Moab, Utah 84532 With a copy to: Moab City Attorney’s Office Attn: City Attorney 217 E. Center Street Moab, Utah 84532 Any Party may change its address or notice by giving written notice to the other Parties in accordance with the provisions of this Section. 4827-5593-8558, v. 3 9 GENERAL TERMS AND CONDITIONS 1. Agreement to Run with the Land. This Agreement shall be recorded in the Office of the Grand County Recorder against the Property and is intended to and shall be deemed to run with the land and shall be binding on all successors in the ownership and development of any portion of the Property. This Agreement shall not be recorded before Developer purchases the Property. 2. Entire Agreement. This Agreement, together with the Exhibits hereto, integrates and constitutes all of the terms and conditions pertaining to the subject matter hereof and supersedes all prior negotiations, representations, promises, inducements, or previous agreements between the Parties hereto with respect to the subject matter hereof. Any amendments hereto must be in writing and signed by the respective Parties hereto. 3. Headings. The headings contained in this Agreement are intended for convenience only and are in no way to be used to construe or limit the text herein. 4. Non-Liability of City Officials or Employees. No officer, representative, agent, or employee of the City shall be personally liable to Developer, or any successor-in-interest or assignee of Developer, in the event of any default or breach by the City or for any amount which may become due to Developer, or its successors or assignees, for any obligation arising out of the terms of this Agreement. 5. No Third-Party Rights. The obligations of the Parties set forth in this Agreement shall not create any rights in or obligations to any persons or parties other than to the City and Developer. The City and Developer alone shall be entitled to enforce or waive any provisions of this Agreement to the extent that such provisions are for their benefit. 6. Severability. Should any portion of this Agreement for any reason be declared invalid or unenforceable, the invalidity or unenforceability of such portion shall not affect the validity of any of the remaining portions, and the same shall be deemed in full force and effect as if this Agreement had been executed with the invalid portions eliminated. 7. Waiver. No waiver of any of the provisions of this Agreement shall operate as a waiver of any other provision regardless of any similarity that may exist between such provisions, nor shall a waiver in one instance operate as a waiver in any future event. No waiver shall be binding unless executed in writing by the waiving Party. 8. Survival. All agreements, covenants, representations, and warranties contained herein shall survive the execution of this Agreement and shall continue in full force and effect throughout the term of this Agreement. 9. Public Information. The Parties understand and agree that all documents related to this agreement will be public documents, as provided in UTAH CODE ANN. § 63G-2-101, et seq. 10. Governing Law. This Agreement and the performance hereunder shall be governed by the laws of the State of Utah. 4827-5593-8558, v. 3 10 11. Counterparts. This Agreement may be executed in multiple counter-parts which shall constitute one and the same document. (Signatures begin on following page) 4827-5593-8558, v. 3 11 IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, Grand County, State of Utah, pursuant to Resolution No. ____-_____, authorizing such execution, and by a duly authorized representative of Developer as of the above-stated date. CITY OF MOAB, a Utah municipality and political subdivision of the State of Utah. By: Mayor Emily Niehaus ATTEST: ____________________________ Sommar Johnson, Moab City Recorder APPROVED AS TO FORM: ___________________________________ _______________________, City Attorney 4827-5593-8558, v. 3 12 JSATT CORP, a Utah corporation d/b/a BLUE BISON DEVELOPMENT By: Its: ______________________________ STATE OF UTAH ) :ss. COUNTY OF GRAND ) On the day of ___________________, 2021, personally appeared before me ___________________, who being duly sworn, did say that he/she is the __________________ of JSATT CORP, a Utah corporation, and that the foregoing instrument was signed in behalf of said corporation and said ________________ duly acknowledged to me that he executed the same for the purposes therein stated. ______________________________ NOTARY PUBLIC 4827-5593-8558, v. 3 13 Exhibit A To Development Agreement (Legal Description of Property) BEG AT A PT WHICH BEARS N 144 FT± FROM THE SE COR NW¼SW¼ SEC 1 T26S R21E; TH N 478 FT± ALONG THE W SIDE OF NE¼SW¼; TH E ALONG THE N SIDE OF SW¼NE¼SW¼ A DIST OF 639.6 FT TO A PT ON A FENCE; TH S 00°55'W 164.8 FT ALONG THE FENCE; TH S 49°38'W 102.4 FT ALONG FENCE; THENCE S 72°46'W 81.3 FT ALONG FENCE; TH S 37°05'W 22.1 FT ALONG FENCE; TH S 18°05'W 104.3 FT ALONG FENCE; TH S 31°09'E 245.1 FT ALONG FENCE; TH S 17°29'E 28.6 FT ALONG FENCE; TH S 70°39'E 85.7 FT ALONG FENCE; TH S 09°29'E 142.5 FT ALONG FENCE TO A PT WHENCE THE S¼ COR SEC 1 T26S R21E BEARS S 29°35'E A DIST OF 1295.8 FT; TH S 69°36'W 240.7 FT ALONG FENCE; TH S 89°37'W 211.8 FT ALONG FENCE; TH N 0°03'W 400.1 FT ±; TH N 84°12'W 226.7 FT ± TO BEG Tax Parcel No. 01-0001-0173 4827-5593-8558, v. 3 14 Exhibit B To Development Agreement (Rezone Section) Moab City Council Agenda Item Meeting Date: December 14, 2021 Title: 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 Presenter: Cory Shurtleff, Assistant Planner Attachment(s): Exhibit 1: Revised Draft Ordinance 2021-16 as of 11.30.2021 clean Exhibit 2: Revised Draft Ordinance 2021-16 as of 11.22.2021 redline Exhibit 3: HB 82 Exhibit 4: ADU Matrix Building Code Regulations Recommended Motion: 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 2021-16 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/Summary: The City Council reviewed a draft of Ordinance 2021-16 at the meetings on October 12, October 26, and November 9, 2021. During the November 9, 2021 meeting, direction was given to staff to have the proposed changes of the current draft reviewed by contracted Land Use Attorney Snow Christensen & Martineau. Planning Department Staff met with Legal Review to discuss the proposed changes and incorporation of suggestions. The nature of the currently proposed ordinance, with incorporated changes, is to best conform with the requirements of State Statute H.B. 82, and clearly identify the separate types of ADUs with the resulting individual regulations determined by type. In summary, the changes made include: 1. Legal Review of Draft Ordinance for Conformity with State Statute H.B. 82. 2. Redefining Types of ADUs from EADUs, Not Owner-Occupied IADUs and Owner-Occupied IADUs, to Type 1, Type 2, and Type 3 ADUs with supporting definitions for EADUs and IADUs. 3. Created Permitted-Use sections for Type 1, Type 2, and Type 3 ADUs 4. Included requirement for Deed Note that states type of ADU construction with property. 5. Amended Enforcement-Revocation of Permit section to match directly with State Statute language. As a result, the draft ordinance includes incorporated suggestions from legal review with resulting collated amendments throughout the rest of the document. Type of ADU Summary: Resulting as a recommendation from legal review of the draft ordinance, to better identify and independently regulate the existing types of ADUs, the three types of ADUs were categorized and defined in the proposed ordinance; broken-out by Type 1, Type 2, and Type 3. The Types of ADUs, and supporting categories of ADUs, are defined as follows: A. “Accessory dwelling unit” (ADU, granny-flat, mother-in-law-apartment) means a habitable living unit added to, created within, or detached from a single-household dwelling and, in some cases duplexes, and includes separate cooking, sleeping, and bathroom facilities. A Single ADU does not constitute a two-household dwelling. B. “Accessory Dwelling Unit, Internal (IADU)” means an accessory dwelling unit created: 1. within an existing single household dwelling; and 2. within the footprint of the main dwelling; and 3. The intent of ADUs is not to provide additional second home opportunities. C. “Accessory Dwelling Unit, External (EADU)” means an accessory dwelling created: 1. on the same parcel or lot that contains the main dwelling structure; and 2. physically separate from the main dwelling structure; and 3. The intent of ADUs is not to provide additional second home opportunities. D. “Accessory Dwelling Unit, Type 1”, means an External Accessory Dwelling Unit (EADU) that shall meet the International Residential Code for Single- Family Dwelling requirements; and for the purpose of offering a long-term rental for Active Employment Households. The main dwelling unit or accessory dwelling unit may be Owner-Occupied, or both the main dwelling unit and the Accessory Dwelling Unit may be rented out as Rental Dwellings. E. “Accessory Dwelling Unit, Type 2”, means an Internal Accessory Dwelling Unit (IADU) that shall be constructed as a “Two-Family Dwelling”, as referenced and required by the International Residential Code; and for the purpose of offering a long-term rental for Active Employment Households. The main dwelling unit or accessory dwelling unit may be Owner- Occupied, or both the main dwelling unit and the Accessory Dwelling Unit may be rented out as Rental Dwellings. F. “Accessory Dwelling Unit, Type 3”, means an Internal Accessory Dwelling Unit (IADU) that may be constructed with the appropriate International Residential Code regulations determined by state statute for “ADUs”. The Primary Dwelling shall be Owner-Occupied, and the accessory dwelling unit may be rented as a Rental Dwelling. The most recent draft (as of 11.30.2021) is attached as Exhibit 1. With the State Statute H.B. 82 attached as Exhibit 2, and the updated ADU Matrix Building Code Regulations attached as Exhibit 3. 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 REVISED DRAFT 11.30.2021 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, to encourage ADUs as a housing option for local employee/ workforce households, local employers and entities, excluding those with the primary purpose of leasing/ renting less than 30 days, can utilize ADUs as employee housing. WHEREAS, varying types of ADU construction require specific regulation, defining ADUs by Type 1, Type 2, and Type 3 shall determine which regulations apply. WHEREAS, to help maintain the public’s health, safety, and welfare through consistency and enforceability, the Type of ADU that is constructed will be recorded on the property’s Deed to ensure property owner’s awareness of ADU Type and use. WHEREAS, it is the intent of the City Council that Type 1 and Type 2 ADUs be used for Active Employment Households; and Type 3 ADUs be permitted to the extent required by state statute. 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. AMENDMENTS TO MMC CHAPTER 17.06 DEFINITIONS ADDING OR MODIFYING DEFINITIONS OF: A. “Accessory dwelling unit” (ADU, granny-flat, mother-in-law-apartment) means a habitable living unit added to, created within, or detached from a single- household dwelling and, in some cases duplexes, and includes separate cooking, sleeping, and bathroom facilities. A Single ADU does not constitute a two-household dwelling. B. “Accessory Dwelling Unit, Internal (IADU)” means an accessory dwelling unit created: 1. within an existing single household dwelling; and 2. within the footprint of the main dwelling; and 3. The intent of ADUs is not to provide additional second home opportunities. C. “Accessory Dwelling Unit, External (EADU)” means an accessory dwelling created: 1. on the same parcel or lot that contains the main dwelling structure; and 2. physically separate from the main dwelling structure; and 3. The intent of ADUs is not to provide additional second home opportunities. D. “Accessory Dwelling Unit, Type 1”, means an External Accessory Dwelling Unit (EADU) that shall meet the International Residential Code for Single-Family Dwelling requirements; and for the purpose of offering a long-term rental for Active Employment Households. The main dwelling unit or accessory dwelling unit may be Owner-Occupied, or both the main dwelling unit and the Accessory Dwelling Unit may be rented out as Rental Dwellings. E. “Accessory Dwelling Unit, Type 2”, means an Internal Accessory Dwelling Unit (IADU) that shall be constructed as a “Two-Family Dwelling”, as referenced and required by the International Residential Code; and for the purpose of offering a long-term rental for Active Employment Households. The main dwelling unit or accessory dwelling unit may be Owner-Occupied, or both the main dwelling unit and the Accessory Dwelling Unit may be rented out as Rental Dwellings. F. “Accessory Dwelling Unit, Type 3”, means an Internal Accessory Dwelling Unit (IADU) that may be constructed with the appropriate International Residential Code regulations determined by state statute for “ADUs”. The Primary Dwelling shall be Owner-Occupied, and the accessory dwelling unit may be rented as a Rental Dwelling. G. “Dwelling. Primary” means a Single Household Dwelling unit that: 1. is detached; and 2. is occupied as the primary residence of the owner of record; H. “Dwelling, Rental” means a building or portion of a building that is: 1. used or designated for use as a residence by one or more persons; 2. Available to be rented, loaned, leased or hired out for a period of one month or longer; 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 a business, or 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 F.1 through F.3 of this section due to a disability as defined by the state and federal Fair Housing Acts; 5. A family member of the owner of the property 6. A retiree with a work history required under subsection F.1 through F.4 of this section for the five years prior to retirement that intends to make the ADU their full-time place of residence. SECTION 2. AMEND CHAPTER 17.70 ACCESSORY DWELLLING UNITS AS FOLLOWS: 17.70.010 Purpose. A. Accessory dwelling units are encouraged as dwellings for persons to increase affordable housing opportunities 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. Type 1 and Type 2 ADU rental/ leasing occupancy shall be restricted to Active Employment Households as defined by MMC 17.06 Definitions. 17.70.020 Types of ADUs There are three types of ADUs permitted in Moab, Type 1, Type 2, and Type 3, defined under MMC 17.06. It is the intent of the City Council that Type 1 and Type 2 ADUs be used for Active Employment Households defined under MMC 17.06; and Type 3 ADUs be permitted to the extent required by state statute. The intent is not for ADUs to be used as second homes. 17.70.030 Type 1 ADUs: External Accessory Dwelling Units with optional Owner- Occupied Primary Dwelling. A. Permitted Use. Type 1 ADUs 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. Type 1 ADU Requirements. The following requirements apply to all Type 1 ADUs: 1. 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. 2. A minimum separation between an 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. 3. Where pre-existing structures meet the development standards of this chapter for an EADU, the original structure may be designated as the accessory dwelling if a new main structure is constructed on site. 4. An EADU shall not be constructed prior to the main dwelling structure, except in cases where new home construction has been permitted. An EADU may be permitted prior to construction of the main dwelling for purposes of living on-site during the construction of the main dwelling. 5. An EADU 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 accessory structure complies with accessory structure setbacks and encroaches into the underlying zone side and rear setbacks, , the maximum height shall be 20 feet. 6. Any request for Accessory Dwelling Units within residential zones shall be reviewed for compliance with the standards in this chapter and approved by city staff. A letter of compliance shall be issued to the applicant by the Zoning Administrator prior to issuance of a building permit. 7. One EADU is allowed if the main structure on the parcel is a duplex. One of the three (3) resulting units must be owner-occupied. 8. 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. There is no minimum size for ADUs. All ADUs must meet minimum building code requirements. 9. 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. 10. Accessory Dwellings Per Lot. One (1) Type 1 EADU may be permitted on 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. 11. Property to Remain Undivided. Properties with EADUs shall remain recorded as one lot. The accessory dwelling shall not be sold separately. 12. 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 13. Deed Restriction. A deed restriction must be filed with the county recorder which states: 1) “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. The lease period for a Type 1 ADU shall be a minimum of three (3) months.” 2) “A permit for a Type 1 ADU, was issued to __________, the current owner of this property on_________. The owner, occupant, and structure shall strictly adhere to the International Residential Code and Moab Municipal Code requirements and regulations for this Type of Accessory Dwelling Unit.” Modified deed restriction language may be proposed by the City. 17.70.040 Type 2 ADUs: Internal Accessory Dwelling Unit with optional Owner- Occupied Primary Dwelling. A. Permitted Use. Type 2 ADUs 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. Type 2 ADU Requirements. The following requirements apply to all Type 2 ADUs : 1.Type 2 ADUs must include the code required bedroom window egress: 3. Type 2 ADUs require one additional on-site parking space, the parking space may be provided in tandem if the existing driveway length exceeds thirty-five feet as measured from the property line: 4. Type 2 ADUs require standard Zoning Approval on Building Permit Applications, accompanied with a Letter of Zoning Compliance, prior to building permit issuance: 5. Type 2 ADUs are not allowed if the main dwelling is served by a failing septic tank: 6. Type 2 ADUs cannot be rented for a period less than 3-months: 7. Type 2 ADUs shall be constructed as Two-Family Dwellings, as referenced and required by International Residential Code: 8. Type 2 ADUs are not allowed for lots containing a duplex. 9. There is no maximum size for Type 2 ADUs: 10. No more than one (1) Type 2 ADU may be located within a Single Household Dwelling. 11. Properties with Type 2 ADUs shall remain recorded as one lot. The Type 2 ADU shall not be sold separately from the main home. 12. 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. 13. Deed Restriction. A deed restriction must be filed with the county recorder which states: 1) “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. The lease period for a Type 1 ADU shall be a minimum of three (3) months.”” Modified deed restriction language may be proposed by the City. 2) “A permit for a Type 2 ADU, was issued to __________, the current owner of this property on_________. The owner, occupant, and structure shall strictly adhere to the International Residential Code and Moab Municipal Code requirements and regulations for this Type of Accessory Dwelling Unit.” Modified deed restriction language may be proposed by the City. 17.070.050 Type 3 ADUs: Internal Accessory Dwelling Units with required Owner-Occupied Primary Dwelling. A. Permitted Use. Type 3 ADUs 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. Type 3 ADU Requirements. The following requirements apply to all Type 3 ADUs: 1.Type 3 ADUs must include the code required bedroom window egress: 2. Type 3 ADUs require one additional on-site parking space, the parking space may be provided in tandem if the existing driveway length exceeds thirty-five feet as measured from the property line: 3. Type 3 ADUs require standard Zoning Approval on Building Permit Applications, accompanied with a Letter of Zoning Compliance, prior to building permit issuance: 4. Type 3 ADUs are not allowed if the main dwelling is served by a failing septic tank: 5. Type 3 ADUs cannot be rented for a period less than 3-months: 6. Type 3 ADUs may be constructed with the appropriate International Residential Code regulations determined by state statute for “ADUs”: 7. Type 3 ADUs are not allowed for lots containing a duplex. 8. There is no maximum size for Type 3 ADUs: 9. No more than one (1) Type 3 ADU may be located within a Single Household Dwelling. 10. Properties with a Type 3 ADU shall remain recorded as one lot. The Type 3 ADU shall not be sold separately from the main home. 14. 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. 15. Deed Restriction. A deed restriction must be filed with the county recorder which states: 1) “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. 2) “A permit for a Type 3 ADU, was issued to __________, the current owner of this property on_________. The owner, occupant, and structure shall strictly adhere to the International Residential Code and Moab Municipal Code requirements and regulations for this Type of Accessory Dwelling Unit.” Modified deed restriction language may be proposed by the City. 17.70.060 Enforcement--Revocation of permit. In addition to any other legal or equitable remedies available to a municipality, a municipality may hold a lien against a property that contains an internal accessory dwelling unit if the owner of the property violates any of the provisions of this section. 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 timely 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 of the county in which the property is located. 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 sends 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 relevant 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. 9. A municipality that issues a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal accessory dwelling unit, may record a notice in the office of the Grand County recorder. The notice shall include a. A description of the primary dwelling b. A statement that the primary dwelling contains an internal accessory dwelling unit; and c. A statement that the internal accessory dwelling unit may only be used in accordance with the municipality’s land use regulations. d. The municipality shall, upon recording the notice described, deliver a copy of the notice to the owner of the internal accessory dwelling unit. SECTION 3: MODIFY LANGUAGE IN ALL RESIDENTIAL ZONES as follows: A. Permitted uses 1. Accessory dwelling units as per Chapter 17.70. Type 1, Type 2, and Type 3 ADUs are permitted uses. 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 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 REVISED DRAFT 11.3.2021 REVISED DRAFT 11.12.2021 REVISED DRAFT 11.22.2021 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, to encourage ADUs as a housing option for local employee/ workforce households, local employers and entities, excluding those with the primary purpose of leasing/ renting less than 30 days, can utilize ADUs as employee housing. WHEREAS, varying types of ADU construction require specific regulation, defining ADUs by Type 1, Type 2, and Type 3 shall determine which regulations apply. WHEREAS, to help maintain the public’s health, safety, and welfare through consistency and enforceability, the Type of ADU that is constructed will be recorded on the property’s Deed to ensure property owner’s awareness of ADU Type and use. WHEREAS, it is the intent of the City Council that Type 1 and Type 2 ADUs be used for Active Employment Households; and Type 3 ADUs be permitted to the extent required by state statute. ADUs be used for employee/workforce housing. 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. AMENDMENTS TO MMC CHAPTER 17.06 DEFINITIONS ADDING OR MODIFYING DEFINITIONS OF: A. “Accessory dwelling unit” (ADU, granny-flat, mother-in-law-apartment) means a habitable living unit added to, created within, or detached from a single- household dwelling and, in some cases duplexes, and includes separate cooking, sleeping, and bathroom facilities. A Single ADU does not constitute a two-household dwelling. B. “Accessory Dwelling Unit, Internal (IADU)” means an accessory dwelling unit created: 1. within an existing single household dwelling primary dwelling; 2. within the footprint of the main dwelling;;and and 3. for the purpose of offering a long-term rental for Active employment households. The intent of ADUs is not to provide additional second home opportunities. C. “Accessory Dwelling Unit, External (EADU)” means an accessory dwelling created: 1. on the same parcel or lot that contains the main single household dwelling structure; and 2. physically separate from the main single household dwelling structure; and 3. for the purpose of offering a long-term rental for Active employment households. 3. The intent of ADUs is not to provide additional second home opportunities. D. “Accessory Dwelling Unit, Type 1”, means an External Accessory Dwelling Unit (EADU) that shall meet the International Residential Code for Single-Family Dwelling requirements; and for the purpose of offering a long-term rental for Active Employment Households. The main dwelling unit or accessory dwelling Commented [NM1]: Is this too restrictive, suggesting that ADUs are limited to employee/workforce housing? Should it also state: “It is the intent of the City Council that ADUs be permitted to the extent required by state statute and that ADUs be more available for employee/workforce housing.” RCK – agreed and your language is good. Commented [NM2]: HB 82 includes another qualification. RCK – it states “at the time the dwelling unit was created.” Commented [NM3]: HB 82 defines as “for the purpose of offering a long-term rental of 30 consecutive days or longer.” Would it be appropriate to include a time period in this? This would also be consistent with the specific language of the permitted limitations in UCA 10-9a- 530(4)(i). RCK—I like the language from the statute. Also, should this intent provision refer to IADU or ADU. If ADU, perhaps it would be better to break out, rather than including in subsection B and C? unit may be Owner-Occupied, or both the main dwelling unit and the Accessory Dwelling Unit may be rented out as Rental Dwellings. E. “Accessory Dwelling Unit, Type 2”, means an Internal Accessory Dwelling Unit (IADU) that shall be constructed as a “Two-Family Dwelling”, as referenced and required by the International Residential Code; and for the purpose of offering a long-term rental for Active Employment Households. The main dwelling unit or accessory dwelling unit may be Owner-Occupied, or both the main dwelling unit and the Accessory Dwelling Unit may be rented out as Rental Dwellings. F. “Accessory Dwelling Unit, Type 3”, means an Internal Accessory Dwelling Unit (IADU) that may be constructed with the appropriate International Residential Code regulations determined by state statute for “ADUs”. The Primary Dwelling shall be Owner-Occupied and the accessory dwelling unit may rented as a Rental Dwelling. D.G. “Dwelling. Primary” means a Single Household Dwelling unit that: 1. is detached; and 2. is occupied as the primary residence of the owner of record; E.H. “Dwelling, Rental” means a building or portion of a building that is: 1. used or designated for use as a residence by one or more persons; 2. Available to be rented, loaned, leased or hired out for a period of one month or longer; 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 business or 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 Commented [NM4]: Does this include a business or entity? Subsection 2 appears to use both terms. 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 F.1A.1 through F.3 of this section due to a disability as defined by the state and federal Fair Housing Acts; or 5. A family member of the owner of the property 6. A retiree with a work history required under subsection F.1 through F.4 of this section for the five years prior to retirement that intends to make the ADU their full-time place of residence. with a work history required under subsections A.1 through 3 of this section for the five years prior to retirement. that intends to make the ADU their full-time place of residence. SECTION 2. AMEND CHAPTER 17.70 ACCESSORY DWELLLING UNITS AS FOLLOWS: 17.70.010 Purpose. A. Accessory dwelling units are encouraged as dwellings for persons to increase affordable housing opportunities 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. Type 1 and Type 2 ADU rental/ leasing occupancy shall be restricted to Active Employment Households as defined by MMC 17.06 Definitions. 17.70.020 Types of ADUs There are three two types of ADUs permitted in Moab, Type 1, Type 2, and Type 3, defined under MMC 17.06.Internal ADUs (IADU) and External ADUs (EADUs). It is the intent of the City Council that Type 1 and Type 2 ADUs be used for Active Employment Households defined under MMC 17.06; and Type 3 ADUs be permitted to the extent required by state statute. The intent is not for ADUs to be used as second homes. 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. Commented [NM5]: Does the City want to include a definition of disability, such as “as defined by the state and federal Fair Housing Acts”? Or would it be better to have a reasonable accommodation process? RCK – I like this suggestion. Commented [NM6]: My primary concern is two-fold. First, this language appears to suggest that it applies to both IADUs and EADUs. This raises the question of whether this provision is permitted under the restrictions contained in section 10-9a-530(4). (2) In any area zoned primarily for residential use: (a) the use of an internal accessory dwelling unit is a permitted use; and (b) except as provided in Subsections (3) and (4), a municipality may not establish any restrictions or requirements for the construction or use of one internal accessory dwelling unit within a primary dwelling, including a restriction or requirement governing: (i) the size of the internal accessory dwelling unit in relation to the primary dwelling; (ii) total lot size; or (iii) street frontage. Utah Code Ann. § 10-9a-530 (West) There are exceptions on restrictions if, for example, the lot doesn’t have a qualifying size, or for a certain amount of area. But the restrictive language seems to suggest that this may not fall within the restriction. If I’m missing something though, please let me know. Second, the different classifications may trigger some concerns about equal protection or uniform operation of laws. While it ultimately may be subject to rational basis review—setting out the bases for the restriction in greater detail may be prudent. RCK – this could come from the whereas clause describing the City’s need for this particular kind of housing Commented [NM7]: Same concern up above. Would it also be appropriate to include in the intent compliance with state statute and providing long-term rental housing. RCK – yep. 17.70.030 Type 1 ADUs: External Accessory Dwelling Units with optional Owner- Occupied Primary Dwelling. Internal ADUs (IADUs) A. Permitted Use. Type 1 ADUs 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. Type 1 ADU Requirements. The following requirements apply to all Type 1 ADUs : 1. 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. 2. A minimum separation between an 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. 3. Where pre-existing structures meet the development standards of this chapter for an EADU, the original structure may be designated as the accessory dwelling if a new main structure is constructed on site. 4. An EADU shall not be constructed prior to the main dwelling structure, except in cases where new home construction has been permitted. An EADU may be permitted prior to construction of the main dwelling for purposes of living on-site during the construction of the main dwelling. 5. An EADU 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 accessory structure complies with accessory structure setbacks and encroaches into the underlying zone side and rear setbacks, , the maximum height shall be 20 feet. Commented [NM8]: It may be appropriate to confirm that these are all the areas zoned primarily for residential use. 6. Any request for Accessory Dwelling Units within residential zones shall be reviewed for compliance with the standards in this chapter and approved by city staff. A letter of compliance shall be issued to the applicant by the Zoning Administrator prior to issuance of a building permit. 7. One EADU is allowed if the main structure on the parcel is a duplex. One of the three (3) resulting units must be owner-occupied. 8. 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. There is no minimum size for ADUs. All ADUs must meet minimum building code requirements. 9. 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. 10. Accessory Dwellings Per Lot. One (1) Type 3 EADU 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. 11. Property to Remain Undivided. Properties with EADUs shall remain recorded as one lot. The accessory dwelling shall not be sold separately. 12. 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 13. Deed Restriction. A deed restriction must be filed with the county recorder which states: 1) “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. The lease period for a Type 1 ADU shall be a minimum of three (3) months.” 2) “A permit for a Type 1 ADU, was issued to __________, the current owner of this property on_________. The owner, occupant, and structure shall strictly adhere to the International Residential Code and Moab Municipal Code requirements and regulations for this Type of Accessory Dwelling Unit.” Modified deed restriction language may be proposed by the City. IADU Requirements. The following requirements apply to all IADUs: 1.IADUs must include the code required bedroom window egress: 2. 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 main dwelling is served by a failing septic tank: 6. IADUs cannot be rented for a period less than 3-months: 7. IADUs are allowed only in owner-occupied primary dwellings: and 8. No IADUs are allowed for lots containing a duplex. 9. There is no maximum size for IADUs 10. No more than one IADU may be located within a Single Household Dwelling. 11. Properties with IADUs shall remain recorded as one lot. The IADU shall not be sold separately from the main home. 12. 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. 13. Deed Restriction. A deed restriction must be filed with the county recorder which states: Commented [NM9]: There may be push-back from property owners regarding this provision, insofar as it doesn’t fit cleanly within 530. Perhaps it would be appropriate to make it part of a permitting process, so that it could arguably fall within 530(4)(e), and the language could be changed to clarify that it cannot be less than 30 days, which includes prohibiting nightly or short-term rental? Alternatively, perhaps it would be appropriate to use the notice requirements – but that is something filed by the county that contains specific items. See UCA 10-9a- 530(6)(a). Commented [NM10]: Is this limitation just for water, not gas? Commented [NM11]: This is interesting. It arguably falls within section 10-9a-530(4), but that restriction typically applies only to the owner of a primary dwelling prior to rental – not building permits. If this is a restriction that ordinarily applies, it may be less problematic. Commented [NM12]: The City may need to articulate how this falls within the regulations permitted by 530(4). RCK – Building code? Commented [NM13]: By definition above, it appears that all IADUs should be owner-occupied – because it incorporates the definition of primary dwelling. Is there a basis for breaking this out? Commented [NM14]: Would the language be necessary, given the definition? (b) “Primary dwelling” means a single-family dwelling that: (i) is detached; and (ii) is occupied as the primary residence of the owner of record. Utah Code Ann. § 10-9a-530 (West) Commented [NM15]: I wonder if this is permissible under the statute, so long as the requirements are met. “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. 17.70.040 Type 2 ADUs: Internal Accessory Dwelling Unit with optional Owner- Occupied Primary Dwelling. A. Permitted Use. Type 2 ADUs 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. Type 2 ADU Requirements. The following requirements apply to all Type 2 ADUs : 1.Type 2 ADUs must include the code required bedroom window egress: 3. Type 2 ADUs require one additional on-site parking space, the parking space may be provided in tandem if the existing driveway length exceeds thirty-five feet as measured from the property line: 4. Type 2 ADUs require standard Zoning Approval on Building Permit Applications, accompanied with a Letter of Zoning Compliance, prior to building permit issuance: 5. Type 2 ADUs are not allowed if the main dwelling is served by a failing septic tank: 6. Type 2 ADUs cannot be rented for a period less than 3-months: 7. Type 2 ADUs ADUs shall be constructed as Two-Family Dwellings, as referenced and required by International Residential Code: a. IADUs constructed in Owner-Occupied Primary Dwellings can comply with the Building Code Regulations defined by Utah State Legislature H.B.82, “Single-Family Housing Modifications”, 2021. Commented [NM16]: There may be push-back from property owners regarding this provision, insofar as it doesn’t fit cleanly within 530. Perhaps it would be appropriate to make it part of a permitting process, so that it could arguably fall within 530(4)(e), and the language could be changed to clarify that it cannot be less than 30 days, which includes prohibiting nightly or short-term rental? Alternatively, perhaps it would be appropriate to use the notice requirements – but that is something filed by the county that contains specific items. See UCA 10-9a- 530(6)(a). Commented [NM17]: It may be appropriate to confirm that these are all the areas zoned primarily for residential use. Commented [NM18]: This is interesting. It arguably falls within section 10-9a-530(4), but that restriction typically applies only to the owner of a primary dwelling prior to rental – not building permits. If this is a restriction that ordinarily applies, it may be less problematic. Commented [NM19]: The City may need to articulate how this falls within the regulations permitted by 530(4). RCK – Building code? b. IADUs constructed in Non-Owner-Occupied Dwellings (Rental Dwellings) shall comply with the standard Building Code Regulations for two dwelling structures. 8. Type 2 ADUs are not allowed for lots containing a duplex. 9. There is no maximum size for Type 2 ADUs : 10. No more than one Type 2 ADU may be located within a Single Household Dwelling. 11. Properties with Type 2 ADUs shall remain recorded as one lot. The Type 2 ADU shall not be sold separately from the main home. 12. 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. 13. Deed Restriction. A deed restriction must be filed with the county recorder which states: 1) “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. 2) “A permit for a Type 2 ADU, was issued to __________, the current owner of this property on_________. The owner, occupant, and structure shall strictly adhere to the International Residential Code and Moab Municipal Code requirements and regulations for this Type of Accessory Dwelling Unit.” Modified deed restriction language may be proposed by the City. 17.070.05040 Type 3 ADUs: Internal Accessory Dwelling Unit with required Owner-Occupied Primary Dwelling. A. Permitted Use. Type 3 ADUs shall be considered a permitted use in the RA-1 Residential-Agricultural Zone, R-1 Single-Household Residential Zone, R-2 Commented [NM20]: By definition above, it appears that all IADUs should be owner-occupied – because it incorporates the definition of primary dwelling. Is there a basis for breaking this out? Commented [NM21]: Would the language be necessary, given the definition? (b) “Primary dwelling” means a single-family dwelling that: (i) is detached; and (ii) is occupied as the primary residence of the owner of record. Utah Code Ann. § 10-9a-530 (West) Commented [NM22]: I wonder if this is permissible under the statute, so long as the requirements are met. Commented [NM23]: There may be push-back from property owners regarding this provision, insofar as it doesn’t fit cleanly within 530. Perhaps it would be appropriate to make it part of a permitting process, so that it could arguably fall within 530(4)(e), and the language could be changed to clarify that it cannot be less than 30 days, which includes prohibiting nightly or short-term rental? Alternatively, perhaps it would be appropriate to use the notice requirements – but that is something filed by the county that contains specific items. See UCA 10-9a- 530(6)(a). Commented [NM24]: There may be push-back from property owners regarding this provision, insofar as it doesn’t fit cleanly within 530. Perhaps it would be appropriate to make it part of a permitting process, so that it could arguably fall within 530(4)(e), and the language could be changed to clarify that it cannot be less than 30 days, which includes prohibiting nightly or short-term rental? Alternatively, perhaps it would be appropriate to use the notice requirements – but that is something filed by the county that contains specific items. See UCA 10-9a- 530(6)(a). Single-Household and Two-Household Residential Zone, R-3 Multi-Household Residential Zone, and R-4 Manufactured Housing Residential Zone. B. Type 3 ADU Requirements. The following requirements apply to all Type 3 ADUs : 1.Type 3 ADUs must include the code required bedroom window egress: 2. Type 3 ADUs require one additional on-site parking space, the parking space may be provided in tandem if the existing driveway length exceeds thirty-five feet as measured from the property line. : 3. Type 3 ADUs require standard Zoning Approval on Building Permit Applications, accompanied with a Letter of Zoning Compliance, prior to building permit issuance: 4. Type 3 ADUs are not allowed if the main dwelling is served by a failing septic tank: 5. Type 3 ADUs cannot be rented for a period less than 3-months: 6. Type 3 ADUs ADUs may be constructed with the appropriate International Residential Code regulations determined by state statute for “ADUs”: a. IADUs constructed in Owner-Occupied Primary Dwellings can comply with the Building Code Regulations defined by Utah State Legislature H.B.82, “Single-Family Housing Modifications”, 2021. b. IADUs constructed in Non-Owner-Occupied Dwellings (Rental Dwellings) shall comply with the standard Building Code Regulations for two dwelling structures. 7. Type 3 ADUs are not allowed for lots containing a duplex. 8. There is no maximum size for Type 3 ADUs : 9. No more than one Type 3 ADU may be located within a Single Household Dwelling. Commented [NM25]: This is interesting. It arguably falls within section 10-9a-530(4), but that restriction typically applies only to the owner of a primary dwelling prior to rental – not building permits. If this is a restriction that ordinarily applies, it may be less problematic. Commented [NM26]: The City may need to articulate how this falls within the regulations permitted by 530(4). RCK – Building code? Commented [NM27]: By definition above, it appears that all IADUs should be owner-occupied – because it incorporates the definition of primary dwelling. Is there a basis for breaking this out? Commented [NM28]: Would the language be necessary, given the definition? (b) “Primary dwelling” means a single-family dwelling that: (i) is detached; and (ii) is occupied as the primary residence of the owner of record. Utah Code Ann. § 10-9a-530 (West) Commented [NM29]: I wonder if this is permissible under the statute, so long as the requirements are met. 10. Properties with a Type 3 ADU shall remain recorded as one lot. The Type 3 ADU shall not be sold separately from the main home. 14. 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. 15. Deed Restriction. A deed restriction must be filed with the county recorder which states: 1) “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. 2) “A permit for a Type 3 ADU, was issued to __________, the current owner of this property on_________. The owner, occupant, and structure shall strictly adhere to the International Residential Code and Moab Municipal Code requirements and regulations for this Type of Accessory Dwelling Unit.” Modified deed restriction language may be proposed by the City. External ADUs (EADUs) A. Permitted Use. EADUs 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. EADU Requirements. The following requirements apply to all IADUs: 1. 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. 2. 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 Commented [NM30]: There may be push-back from property owners regarding this provision, insofar as it doesn’t fit cleanly within 530. Perhaps it would be appropriate to make it part of a permitting process, so that it could arguably fall within 530(4)(e), and the language could be changed to clarify that it cannot be less than 30 days, which includes prohibiting nightly or short-term rental? Alternatively, perhaps it would be appropriate to use the notice requirements – but that is something filed by the county that contains specific items. See UCA 10-9a- 530(6)(a). Commented [NM31]: There may be push-back from property owners regarding this provision, insofar as it doesn’t fit cleanly within 530. Perhaps it would be appropriate to make it part of a permitting process, so that it could arguably fall within 530(4)(e), and the language could be changed to clarify that it cannot be less than 30 days, which includes prohibiting nightly or short-term rental? Alternatively, perhaps it would be appropriate to use the notice requirements – but that is something filed by the county that contains specific items. See UCA 10-9a- 530(6)(a). Commented [NM32]: While there may be similar concerns regarding equal protection, this section raises less concerns, because HB 82 was primarily directed at IADUs. I’ll defer to Rob about the basic principles of this section, particularly with respect to set backs and development standards. RCK – no issues. Official may waive or modify this requirement if adequate fire separation can be achieved by other means. 3. Where pre-existing structures meet the development standards of this chapter for an EADU, the original structure may be designated as the accessory dwelling if a new main structure is constructed on site. 4. An EADU 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 5. An EADU 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. 6. Any request for Accessory Dwelling Units within residential zones shall be reviewed for compliance with the standards in this chapter and approved by city staff. A letter of compliance shall be issued to the applicant by the Zoning Administrator prior to issuance of a building permit. 7. One EADU is allowed if the main structure on the parcel is a duplex. One of the three (3) resulting units must be owner-occupied. 8. 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. There is no minimum size for ADUs. All ADUs must meet minimum building code requirements. 9. 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. 10. Accessory Dwellings Per Lot. One (1) EADU 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. 11. Property to Remain Undivided. Properties with EADUs shall remain recorded as one lot. The accessory dwelling shall not be sold separately. 12. 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 13. 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. The lease period for an EADU shall be a minimum of three (3) months.” 17.70.06050 Enforcement--Revocation of permit. In addition to any other legal or equitable remedies available to a municipality, a municipality may hold a lien against a property that contains an internal accessory dwelling unit if the owner of the property violates any of the provisions of this section. 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. Iif the owner files a timely 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 of the county in which the property is located. The written notice of violation shall a. Describe the specific violation Commented [NM33]: It may be helpful to break this out into a separate subparagraph, since the written notice applies to the property owner, but this paragraph appears to be directed primarily at the notice of lien. Commented [NM34]: To avoid a claim about a wrongful lien, it may be best to copy the statutory language verbatim for this section. It’s very close. But there may be some ambiguity flowing from the conflation of the two time periods and cure periods. 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 sends 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 not 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 relevant 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. 9. A municipality that issues a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal accessory dwelling unit, may record a notice in the office of the Grand County recorder. The notice shall include a. a description of the primary dwelling b. a statement that the primary dwelling contains an internal accessory dwelling unit; and c. a statement that the internal accessory dwelling unit may only be used in accordance with the municipality’s land use regulations. d. The municipality shall, upon recording the notice described , deliver a copy of the notice to the owner of the internal accessory dwelling unit. 8. SECTION 3: MODIFY LANGUAGE IN ALL RESIDENTIAL ZONES as follows: A. Permitted uses 1. Accessory dwelling units as per Chapter 17.70. Both External (EADUs) and Internal ADUs (IADUs) are permitted uses. 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 Commented [NS35]: This needs to be changed to the various types of ADUs 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. Code Requirement Detail Duplex Type 1 ADU Type 2 ADU Type 3 ADU Water Shared Connection Optional Optional Optional Optional Sewer Shared Connection Optional Optional Optional Optional Electricity Access to Individual  Disconnects Required Detached Required Not Required Firewall Separation Required Detached Required Not Required Separate Air Required Detached Required Not RequiredBuilding RegParking Requirement Per Dwelling 2+2 2+1 2+1 2+1 Size Limitation 500 sf Min p/u 1200 sf or 1500  sf Max XX Density Calc or 2500 sf/u  (R3) X X X Owner Occupancy Not Required Not Required Not Required Required Enforcement of Nightly Rentals HB82 Provision Not Available Not Available Not Available AvailableZoning Reg Moab City Council Agenda Item Meeting Date: December 14, 2021 Title:Award of the New 2021 VacTron LP 873 SDT Staff Presenter:Levi Jones Attachment(s): -Sales quote Vermeer Grand Junction Colorado for $112,388.00 -Sales quote Vermeer Rocky Mountain Utah for $138,392.23 -Sourcewell government discount account Recommended Motion: I move to purchase New 2021 VacTron LP 873 SDT Vacuum Trailer from Vermeer Grand Junction Colorado Sales and Service in the amount of $112,388.00 Background/Summary: During the 2020-2021 budget cycle, the Water Department budgeted $142,000.00 to purchase a new vacuum trailer. Hydro excavation is the safest way of excavating. It allows you to get into tight areas where other utilities exist and is extremely handy when working on water leaks. Our current vacuum trailer is 15 years old, light duty, and only has a 150 gallon spoil tank. The new one will have an 800 gallon spoil tank, as well as a valve exerciser, hydraulic boom for the suction tube, washout system in the spoil tank, 400 gallon on board water supply tank, hot water system to allow for winter operation, and hydraulic jack and 400 psi water pump, all features not available on our current vacuum trailer. We will not trade the old one but will keep it for light duty tasks such as cleaning out meter pits and valve boxes. Currently the Water Department frequently borrows the Vac Truck from the Sewer Department. This is problematic due to the need of one piece of equipment shared amongst two departments, not to mention making it difficult to maintain sanitary conditions moving from wastewater to culinary duties. We prefer Vermeer Colorado due to the close proximity which gives us the ability to save on fuel costs and reduce man hours when transporting for warranties and maintenance needs. Vermeer Colorado is a member of the Sourcewell program, which allows for the same competitive state contract government discounts. Based on the quote and the close proximity of the dealer, it is my recommendation that we accept the quote from Vermeer Grand Junction Colorado Sales and Service in the amount of $112,388.00. Vermeer Sales and Service of CO and WY712 Arrowest CourtGrand Junction, CO 81505Phone 970-640-9909 Fax 970-244-6962 QTY PN Unit Price Total Price 1 2021 VacTron 873 $ 97,539.00 $ 97,539.00 $ - $ - $ - $ - $ - $ 13,274.00 $ 13,274.00 $ 6,895.00 $ - $ 6,818.00 $ 1,812.00 $ - 110,813.00$ Discount Net Price 110,813.00$ Tax 0.0%-$ Technical Support From (If Applicable)-$ Freight & Prep 1,575.00$ Grand Total 112,388.00$ By Customer Date By PN: SF102 Date I (we), promise to pay the Balance Due in cash, or to execute a Time Sale Agreement (Retail Installment Contract) for purchase price of the Equipment, plus additional charges shown thereon, on or before delivery of the Equipment, plus additional charges shown thereon, on or before delivery of the Equipment ordered herein. Despite physical delivery of the Equipment, title shall remain in the seller until one of the foregoing is accomplished. Model Year Serial #Trade Value I (we), offer to sell, transfer and convey the following item(s) at or prior to the time of delivery of the above Equipment, as a "trade in" to be applied against the cash price. Such item(s) shall be free and clear of all security agreements, liens and encumbrances at the time of transfer to you. The following is a description and the price to be allowed for each item. "All warranties, if any, made with respect to this equipment are those warranties made by the manufacturer. DEALER MAKES NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE." Date 12/02/21/21Customer City of Moab Contact Kelly Address 217 E. Center St. Moab, UT. 84532 Sales Person INVOICE # Customer P.O. # Dan Toelle Fax Prices are in Effect for 30 Days Only Yanmar T4F 50 HP Diesel Phone 435-259-5121 Trade In Allowance (-) 1000 CFM Blower 4.0 GPM @ 4000 PSI Water Pump Standard Reverse Flow E-Mail Description New 2021 VacTron LP 873 SDT Lockable Control Box Sourcewell Contract# 012418-VRM Easy Adjust Belt System 6 Way Full Hydraulic Boom w/ Remote Control Enclosed Engine Bay 14,000 GVW Trailer 800 Gallon Spoils Tank w/ Washout System 200 Gallons On-Board Water FLOWMASTER Valve Exerciser System w/ all tools Accepted: Vermeer Sales and Service of CO & WY **Add HOTBOX Hot Water System** *Ugrade to 20,000 GVWR Trailer and 400 Gallon Water Capacity* Applied Rental Standard 1 Year/1000 Hour Warranty ***Add Hydraulic Jack*** Thank you for allowing us to quote your business. Subtotal Model Description Trade: Notes: (Please Print) (Signature) (Sales Representative) 0 Q co 0 a) U IN STORE PICKUP Roc Mountain City Of Moab 470 Kane Creek Road Moab UT 84532 850 S. Redwood Rd Salt Lake City, UT 84104 Phone: (801) 975-1216 Toll Free: (866) 816-6971 Fax: (801) 975-7900 www.vermeerrockymountain.com Branch 25 - Salt Lake City Date 12/08/2021 Time 15:43:20 (0) Page 1 Account No. CITYO013 Phone No. 435-210-4018 Quote 4.0 Q05832 Ship Via Purchase Order Elliott Coke Salesperson 137 EQUIPMENT QUOTE Description ** Q U O T E ** EXPIRY DATE: 12/22/2021 Amount New LP 873 SDT Hours: 0 ****INCLUDING THE FOLLOWING OPTIONS**** LP 873 SDT LP 873 SDT 17155 6 WAY HYDRAULIC BOOM 17270 HYDRAULIC JACK 17350 4" SUCTION HOSE & TOOLING UPCHARGE 17375 30' OF ADDITIONAL 4" SUCTION HOSE 17450 3" LED DIRECTIONAL BOARD 17500 SPARE TIRE AND MOUNT 17200 FLOWMASTER PACKAGE Sale # 01 Subtotal: TOTAL: Miscellaneous Charges/Credits 124840.00 124840.00 124840.00 EQ TRANSPORT FEES Qty: 1 Price: 3500.00 3500.00 DEALER PREP 1 350.00 350.00 Miscellaneous Charges/Credits Total: 3850.00 Authorization: Subtotal: UTAH-SLC 7.75%: Quote Total: 128690.00 9702.23 138392.23 Terms are due upon receipt unless otherwise specified. Customer shall be responsible for any and all costs associated with collection of any past due balance, which includes the payment of reasonable attorney's fees incurred for such collection. Signature Date EFFECTI VE AUGUST 1, 2013 VERMEER NEW IN DUSTRIAL EQUIPME NT LIMITED WARRA NTY 12 Mo nths / 1000 Hours Vermeer Corporati on (hereinafter " Vermeer") warra ntseach new Industri al product of Verme er's manufacture to be free from defects in material and workmanship, under normal use and service for one (I) full year after initial purchase/retail sale or 1000 operating hours, whichever occurs first. This Limited Warranty shall apply only to complete machines of Vermeer's m an uf act ure, parts are covered by a separat e Limited Warr anty. EQUIPMENT AND ACCESSO RIES NOT OF VERMEER'S MA NUFACTURE A RE WA RR ANTED ONLY TO THE EXTE NT OF T HE ORIGINAL M ANUF ACT URE R'S WA RRANTY AN D S UBJECT TO THEIR ALLOWANCE TO VERM EER ONL Y IF FOU ND DEF ECTIVE BY SUCH MA NUFA CT URER. EXT ENDED WARRANTY OPTIONS A RE AVAILABLE FOR PURCHASE WARRANTY TERMS During the Limited W arranty period specified above, any defect in m ateri al or workman ship in any warran ted item of Vermeer I nd ustrial Equipment not e xcluded below sh all be repaired or replaced at V ermeer's option without charge by a ny authorized i ndependent Vermeer dealer . The warranty repair or replacement must be made by a V ermeer independe nt authorized dealer at the dealer's location. Vermeer will pay for replacement parts and such authorized de aler's labor in accord ance with Vermeer's lab or reimbu rse ment policy. V ermeer reserves the right to supply remanufactured replaceme nt parts as it deems appropriate. R ETAIL PUR CHASER R ESPON SIBILITY: This Limited Warranty req uires proper maintenance and periodic inspections of the Indu strial Equ ipment as indicated in the Operator's/Maintenance Manual furnished with each new Industrial Equipment. The cost of routine or required m ai ntena nce and s ervices is the respon sibility of the retail purchase r. The retail purchaser is required to keep docume nted evidenc e that these services were performed. This Vermeer N ew In du strial Equipment Limited Warranty may be subject to cancellation if the abo ve requirements a re no t perfo rmed. Vermeer In dustrial Equipmen t with known failed or defective pa rts must be immedi ately rem oved from service, EX CLU SIO NS AND LIMITATION S The warran ties conta in ed herein shall NOT APPL Y T O: (1) A ny defect which was cau sed (in V ermeer's sole judgment) by other than noimol use and service of the Industrial Equipment, or by any of the following; (i) accident (ii) misuse or negligence (iii) overloading (iv) lack of reasonable and proper maintenance (v) improper repair or installation (vi) uns uitable storage (vii) non -V ermeer approved alteration or modification (viii) natural calamities (ix) vandalism (x) parts or accessories installed on Industrial Equ ipment which were not manufact ured or installed by V ermeer authorized dealers (xi) the elements (xii) collision or other accident. Any Industrial Equ ipmen t whose identification numbers or marks have been altered or remo ved or whose hour meter has been altered or tampered with. Any Industrial Equipmen t which any of the requ ired or recommended periodic inspection or services have been pe rfo rmed u sing parts not manufactured or supplied by V ermeer or meeting Verm eer Specifica tion s including, but without limitatio n, engine tune -up pa rts, e ngine oil filte rs, air filters , hydraulic o il filters, and fuel filters. (4) New Industria l Equipment delivered to the retail purchaser in which the equ ipment/warranty registration has not been completed and returned to Vermee r within ten (10) days from the date of purchase. Any defect which was caused (in Vermeer's sole judgment) by o pera tion of the Industrial Equipment not abiding by standard operating procedu res outlined in the Operator's Manual. En gine, battery, an d tire Limite d Warranties and support are the respon sibility of the respective product's manufacturer. Tran sportatio n costs, if any, of transporting to the Vermeer dealer. Freight costs, if any, of tran sporting replacement parts to the Vermeer de aler. The travel time of the V ermeer dealer's service personnel to ma ke a repair on the retail purchaser's site or o ther location in no ev ent shall Vermee r's liability exceed the purchase price of the product, (2) (3) (5) (6) (10) Vermeer shall not be liable to any person under any circumstances for any incidental or co nsequential damages (including but not limited to, loss of profits, out of service time) occurring f or any re as on at any time. (1 1) Diagnostic a nd overtime labor premi ums are not covered under this Limited Warranty Policy. Oils and fl uids are not covered under this Limited Warranty. (12) Depreciatio n damage ca used by normal wear, lack of reaso nable a nd proper mai nte na nce, fail ure to follow operating i nstr uctio ns, misuse, lack of proper protectio n d uring storage. (13) Accessory systems and electr onics not of Vermeer's manufact ure are warranted only to the extent of such manufacturer's respective Limited Warranty if any . (14) Dow n hole tool age is not cover ed under this warranty. (15) Wear items which are listed by product group below: E NVIR ONMENTAL: Bearing Seals, Be arings, Belts, Brake Pads, Bolts/Torq ued Parts, Chain, Cl utches, Clutch C ompo ne nts, C urtains, Cutter Wheels, Discharge Con veyor Belts, Fuel Filters, H ammers, Hoses, Infeed Conveyor B elts, Infeed Conveyor Chains, Kni ves, Oil Filters, Po ckets, Rods, Rollers, Rotor Plates, Screens, Service Items, Shear Bar/Bedknife, Spr ockets, Teeth, Wear Blocks, Wear Strips, Tips, Tip Mounts, Track Chain, Track Rollers, Rubber Tr acks, Rubber Grouser Bars, Rubber Track Bands, Track Sprockets, Track Pads, Winch Cable, Windshield Wiper Parts, Lights, Anten na . T RACK: Base Plates, Boom Wear Items, B uckets, Cable Fingers, Conveyor Belts, Clutches, C ups, Digging Chain, Diggi ng Rims, Drums, End Idler, Flashi ngs, Pins a nd Bushings, Pivot Ri ngs, Plastic Wear Strips, Ro oter Bands, Scraper Kni ves, Sprockets, Teeth, Track Chain, Track Rollers, Tre nch Clea ner (Crumber), Trip Cleaners, Truck Rollers, Wear Plates. TRENCHLESS: Brushes, Clamping Vise Parts, Dies, Drive Chuck, Earth Stakes, Fan Belts, Jaws, Leaf Chain, Lights On Light Kits, Packi ng Assemblies, Rod, Rod Loader Parts, Rollers, Tooling, Track Chain, Track Guides, Track Idlers, Track Pads, Track Sprockets , Val ve S eats, Wear Bars, We ar Blocks, Water Hoses , Water Swi vels, Wear Bars . UTILITY P RODUCTS: A ugers, Belts, Bearings, B ooms, Brake Pads, Bucket, Bushings, Chains, Clutches, Conveyor Belts, End Rollers, Fl ashings, Pins, Pi vot Rings, Plow Blades, Rubber Shielding, Sprockets, Teeth, Tires, Track Chain, Track Idlers, Track Sprockets, Trench Cleaner (Crumber) . PAR TS WARRANTY: Parts replaced in the warr anty period will recei ve the balance of the first year New I nd ustrial Equipment Limited Warranty, d uring the first (12) months or 1000 ho urs, whiche ver comes first. Replacement parts after the original machine warranty, are warr anted to be free from defects of m aterial for ni nety (90) days or th e part will be repaired or repl aced, without labor cover age f or remo val and reinstallation . EXCL USIO NS OF WARRANTIES: E XCEPT FOR THE WA RR ANTIES EXPRESSLY AND SPECIFICALL Y MA DE HE REI N, VERNIEE R MAKES NO OTHER WAR RAN TI ES, AN D A NY POSSIBLE LIABILIT Y OF VE RMEE R HEREI NUNDE R IS IN LI EU OF ALL OTHE R WA RRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRA NTIES OF MERCHANT ABILITY OR FITNESS FO R A P ARTICULAR PURPOSE. VERMEER RESERVES T HE RIGHT TO MO DIFY, ALTER AND IMPROVE ANY PRODUCT WITHOUT INCURRI NG ANY OBLIGATION TO REPLACE AN Y P RODUCT PREVIO USL Y SOLD WIT H SUCH M ODIFICATION. NO PERSON IS AUTHORIZED TO GIVE ANY OTHER WARR ANTY, OR TO ASSUME ANY ADDITIONAL OBLI GATIO N ON VERMEER'S BEH ALF. NO DEALER WARRANTY. The selling d ealer makes no warranty of its own and th e dealer has no auth ority to make any representatio n or promise on behalf of Vermeer or to modify the terms or limitations of this warranty in any way. ELE CTRONIC SIG NATURES. Each of the parties hereto e xpressly agrees to cond uct transacti ons by electronic means. Accordingly, the parties agree and intend th at all electr onic transmissi ons including, witho ut limitation, electroni c signat ures, sh all be considered equivalent to an original writing as pro vided u nder Io wa law, as it may be amended from time to time. MAN UFACTU RED BY : V ERMEER CORPORA TION , Pella, Iowa 50219 US A Sourcewell Account Number: Welcome to Sourcewell Hi Sommar, and welcome to Sourcewell. You've joined more than 50,000 participants who save time and money through Sourcewell's cooperative purchasing contracts. City of Moab Account Number: Keep an eye out for additional information coming from us. In the meantime, you can get started by browsing our contracts on our website. We make purchasing easy 1. Save your account number: 2. Browse our online catalog of nationally awarded contracts. 3. Contact the vendor and tell them you'd like to use the Sourcewell contract or contact us - we're happy to guide you. Want a printed copy? We are happy to mail you a packet detailing all the information you need to know about your Sourcewell account. This highly informative packet includes a printed list of current contracts, as well as an official account certificate and a cooperative purchasing reference guide. Mail me a packet How can we help? For more information about Sourcewell or our contracts, contact our client relations team. 877-585-9706 Email us > Learn more about cooperative purchasing Our participation training video series walks you through the steps to make your first purchase using a Sourcewell contract. Finding a contract > Obtaining a quote > Making a purchase :> Moab City Council Agenda Item Meeting Date: December 14, 2021 Title: Film Commission Transfer to Grand County: Termination of Interlocal Agreement and Surplus of Property Presenter: Annie McVay, Parks, Recreation and Trails Director Attachment(s): Draft Letter Terminating Interlocal Agreement with Grand County for Film Commission Copy of the Interlocal Agreement for the Provision of the Formation of a Film Commission by and Between Grand County and the City of Moab – Resolution #20-2007. Proposed Resolution #37-2021 Recommended Motion: I move to terminate the Interlocal Agreement For the Provision of the Formation of a Film Commission by and Between Grand County and the City of Moab – Resolution #20-2007. I move to approve Resolution #37-2021 A resolution of the Governing Body Declaring City Property as Surplus. Background/Summary: The Moab to Monument Valley Film Commission (Film Commission) has provided benefits to the Moab area since 1949. The Film Commission has undergone various management structures originally being a private entity for 50 years and most recently Grand County and the City of Moab have partnered to fund the Film Commission for over a decade. With the increase in Transient Room Tax (TRT), the City proposed that Grand County take full responsibility for the Film Commission. The Film Commission is most closely tied to economic development, film tourism and is most appropriately fully funded by TRT. The City’s goal is for the Film Commission continuing most successfully and believes the County’s role with economic development and tourism would help increase its role and impact. Grand County included the full cost of the Film Commission in their 2022 budget which begins January 1, 2022. As part of the management transition, the City will be terminating the interlocal agreement that established the partnership. The City will also surplus several assets associated with the Film Commission and providing them to the County to aid in a smooth transition. To: Chris Baird, Grand County Commissioners From: Mayor Emily Niehaus Date: December 14, 2021 Subject: Interlocal Agreement for the Provision of the Formation of a Film Commission by and Between Grand County and the City of Moab – Resolution #20-2007. Grand County and the City of Moab have successfully partnered to fund the Film Commission for over a decade. With the increase in Transient Room Tax (TRT), the City has proposed for Grand County to take full responsibility for the Film Commission. The Film Commission is most closely tied to economic development, film tourism and is most appropriately fully funded by TRT. Through discussions this fall, the County has agreed to full management responsibilities and funding for the include the Film Commission. This letter serves as written notice for the termination of the Interlocal Agreement for the Provision of the Formation of a Film Commission by and Between Grand County and the City of Moab – Resolution #20-2007. The termination is effective 90 day from this notice. To aid in a smooth transition the City will be transferring items associated with the Film Commission to the County. The City’s goal is for Film Commission continuing most successfully and believes the County’s role with economic development and tourism would help increase its role and impact. _________________________ Emily S. Niehaus, Mayor Rachel Ellison City Recorder RESOLUTION # 20-2007 A RESOLUTION ADOPTING AN INTERLOCAL AGREEMENT FOR THE PROVISION OF THE FORMATION OF A FILM COMMISION BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB WHEREAS, Moab City, Utah ("City") and Grand County, Utah ("Grand County") have had discussions regarding the need for film commission services for Grand County; and WHEREAS, Moab City is able and willing to contract to provide film commission services for Grand County; and WHEREAS, Moab City and Grand County have determined that those services can best be provided through the creation of an Interlocal Agreement; and WHEREAS, the Interlocal Agreement as to the provision of film commission services has been submitted to the Moab City Council and the Grand County Council, NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that: 1. The Council hereby authorizes and approves the Agreement in substantially the form presented to this meeting of the Moab City Council. 2. The appropriate officials are hereby authorized and directed to execute and deliver the Agreement in substantially the form presented to this meeting of the Council. 3. This resolution shall be effective immediately upon its passage. PASSED AND APPROVED THIS 4th day of September, 2007. Signed: "ST: „JUL David L. Sakrison Mayor Resolution #20-2007 Page 1 of 1 U-7-iO' INTERL.. ,.AL AGREEMENT FOR THE PRO . .SION OF FILM COMMISSION SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB Pursuant to the Interlocal Cooperation Act, Title 11-13-1 et seq. Utah Code Annotated, 1953, as amended, and for the mutual benefit of the citizens and inhabitants of Grand County, State of Utah, a body politic and corporation {hereinafter referred to as "COUNTY") and of the citizens and inhabitants of the City of Moab, State of Utah, a body politic and corporation {hereinafter referred to as "CITY"), the COUNTY and the CITY hereby agree as follows: 1. Purpose. The purpose of this agreement is to provide for film commission services for the COUNTY. 2. Provision of Services. The CITY shall hire a full-time film commission director and provide an office for film commission services. Film commission services include but are not limited to: 1. promoting the region as a film, television, and video location site; 2. working with local production companies to increase locally based film and video productions; 3. establishing and maintaining photo/video libraries, crew lists, location information, and other resources of value to the industry; 4. participating in regional, national and international industry gathering as a representative of the film industry here; and 5. participating in marketing efforts to promote filming in Utah and in particular filming in Moab and Grand County. 3. Payment for Film Commission Services. In exchange for the services outlined herein, the COUNTY agrees to pay the CITY one half of the annual operating costs of the film commission. The CITY shall submit a film commission budget to the COUNTY in September 2007 for the calendar beginning January 1, 2008. Following approval of the budget, the COUNTY shall contribute to the CITY one half of the total amount of the budgeted amount within 30 days of January 1, 2008. Each year thereafter for the life of this agreement, the CITY shall submit a film commission budget to the COUNTY in September for approval. The COUNTY shall submit to the CITY one half of the total budgeted amount within 30 days of the beginning of the ensuing calendar year. The CITY may request at any time that the COUNTY approve an amended budget. If the COUNTY approves such an amended budget the COUNTY shall within 30 days submit to the CITY (if the budget is increased) or receive from the CITY (if the budget is reduced) one half the total difference between the original budgeted amount and the amended budgeted amount. Film Commission ILA 08-20-07 1 F�1 INTERL ..'AL AGREEMENT FOR THE PRG ASION OF FILM COMMISSION SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB 4. Administration of Agreement. This agreement shall be administered by an Oversight Committee, comprising the Moab Area Travel Council Executive Director and the Moab City Manager. This committee will review this agreement as needed and coordinate administrative matters relevant to this agreement, including hiring of the Film Commission Director. 6. Control of Property. Pursuant to Section 11-13-7, Utah Code Annotated, the CITY shall exercise control over all film commission property. 7. Effectiveness and Duration of Agreement. This agreement shall become effective immediately upon its approval by the County Council and City Council. This agreement shall remain in effect until 90 days after either party gives a written notice of termination to the other party. 8. Executed copies of this agreement shall be filed with the . Grand County Clerk and Moab City Recorder. Dated this 4th day of September, 2007. — est: Rachel -Ellison- City Recorder Dated this 18th day of September, 2007. Attest: C Diana Carroll Grand County Clerk David L. Sakrison Mayor Grand County Council Chairperson Film Commission ILA 08-20-07 2 INTE.�. AL AGREEMENT FOR THE Pi.0 , _SION OF FILM COMMISSION SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB 4. Administration of Agreement. This agreement shall be administered by an Oversight Committee, comprising the Moab Area Travel Council Executive Director and the Moab City Manager. This committee will review this agreement as needed and coordinate administrative matters relevant to this agreement, including hiring of the Film Commission Director. 6. Control of Property. Pursuant to Section 11-13-7, Utah Code Annotated, the CITY shall exercise control over all film commission property. 7. Effectiveness and Duration of Agreement. This agreement shall become effective immediately upon its approval by the County Council and City Council. This agreement shall remain in effect until 90 days after either party gives a written notice of termination to the other party. 8. Executed copies of this agreement shall be filed with the.Grand County Clerk and Moab City Recorder. Dated this 4th day of September, 2007. RaehoI,Ellison City Reoorder Dated this 18th day of September, 2007. Attest: vo;t4t, Diana Carroll Grand County Clerk David L. Sakrison Mayor Grand County wis ouncil Chairperson Film Commission ILA 08-20-07 2 Ii ... _.LOCAL AGREEMENT FOR TI._ r4OVISION OF FILM COMMISSION SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB Pursuant to the Ir terlocal Cooperation Act, Title 11-13-1 et seq. Utah Code Annotated, 1953, as amended, and for the mutual benefit of the citizens and inhabitants of Grand County, State of Utah, a body politic and corporation {hereinafter referred to as "COUNTY") and of the citizens and inhabitants of the City of Moab, State of Utah, a body politic and corporation {hereinafter referred to as "CITY"), the COUNTY and the CITY hereby agree as follows: 1. Purpose. The purpose of this agreement is to provide for film commission services for the COUNTY. 2. Provision of Services. The CITY shall hire a full-time film commission director and provide an office for film commission services. Film commission services include but are not limited to: 1. promoting the region as a film, television, and video location site; 2. working with local production companies to increase locally based film and video productions; 3. establishing and maintaining photo/video libraries, crew lists, location information, and other resources of value to the industry; 4. participating in regional, national and international industry gathering as a representative of the film industry here; and 5. participating in marketing efforts to promote filming in Utah and in particular filming in Moab and Grand County. 3. Payment for Film Commission Services. In exchange for the services outlined herein, the COUNTY agrees to pay the CITY one half of the annual operating costs of the film commission. The CITY shall submit a film commission budget to the COUNTY in September 2007 for the calendar beginning January 1, 2008. Following approval of the budget, the COUNTY shall contribute to the CITY one half of the total amount of the budgeted amount within 30 days of January 1, 2008. Each year thereafter for the life of this agreement, the CITY shall submit a film commission budget to the COUNTY in September for approval. The COUNTY shall submit to the CITY one half of the total budgeted amount within 30 days of the beginning of the ensuing calendar year. The CITY may request at any timethat the COUNTY approve an amended budget. If the COUNTY approves such an amended budget the COUNTY shall within 30 days submit to the CITY (if the budget is increased) or receive from the CITY (if the budget is reduced) one half the total difference between the original budgeted amount and the amended budgeted amount. Film Commission ILA 08-20-07 1 .1,IRST ADDENDUM TO THE INTERLOCAL AGREEMENT FOR THE PROVISION OF FILM COMMISSION SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB Exhibit A FIRST ADDENDUM TO zrir. INTERLOCAL AGREEMENT FOR THE PROVISION OF FILM COMMISSION SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB 6. Executed Copies. Executed copies of this First Addendum shall be filed with the Grand County Clerk/Auditor and Moab City Recorder. Dated this g'3 -day of September, 2008. Attest: Rachel Ellison Moab City Recorder Dated this 16th day of September, 2008. Attest: Tokit 6t. au/to Diana Carroll Grand County Clerk/Auditor f Moab oCt David L. Sakrison Mayor Grand County Gene Ciarus Council Chair CITY OF MOAB COUNCIL RESOLUTION NO. 29-2008 A RESOLUTION APPROVING THE FIRST ADDENDUM TO THE INTERLOCAL AGREEMENT FOR THE PROVISION OF FILM COMMISSION SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB WHEREAS, the City of Moab ("City") and Grand County ("County") entered into an Interlocal Agreement for the Provision of Film Commission Services for Grand County by and between Grand County and the City of Moab, dated September 18, 2008. WHEREAS, the City and the County would like to jointly purchase a projector to be used by the Film Commission at Star Hall, a County -owned building; and WHEREAS, said projector would be owned and operated by Grand County according to standard Star Hall equipment procedures except that the Film Commission would be authorized to use said equipment free of charge; and WHEREAS, the "First Addendum to the Interlocal Agreement for the Provision of Film Commission Services for Grand County by and between Grand County and the City of Moab" is attached to this Resolution; and WHEREAS, said Addendum provides for the purchase and administration of the projector. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, that the First Addendum to the Interlocal Agreement for the Provision of Film Commission Services for Grand County by and between Grand County and the City of Moab is hereby approved in substantially the form presented to this meeting of the Moab City Council, and the appropriate parties are hereby authorized to execute and deliver said Agreement. PASSED AND ADOPTED by action of the Moab City Council in open session this 23rd day of September, 2008. ATTEST: cu0,Le_ge.e 1., Rachel Ellison Moab City Recorder Dave Sakrison Mayor c,J 132 FIRST ADDENDUM TO THE INTERLOCAL AGREEMENT FOR THE PROVISION OF FILM COMMISSION SERVICES FOR GRAND COUNTY BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB In 2007, pursuant to the Interlocal Cooperation Act, Title 11-13-101 et seq. Utah Code Annotated, 1953, as amended, and for the mutual benefit of the citizens and inhabitants of Grand County, State of Utah, a body politic and corporation (hereinafter referred to as "COUNTY") and of the citizens and inhabitants of the City of Moab, State of Utah, a body politic and corporation (hereinafter referred to as "CITY"), an Interlocal Agreement providing film commission services (hereinafter referred to as "AGREEMENT" and attached as Exhibit A) was executed by the CITY and COUNTY. The CITY and the COUNTY desire a First Addendum to the AGREEMENT to address the purchase and use of the projector. 1. Purpose. The purpose of this First Addendum is to formalize the cooperative effort between the CITY and the COUNTY to purchase a projector which the Film Commission may use. The terms of the AGREEMENT shall remain the same unless specifically stated otherwise in this addendum. 2. Use of Projector. The Film Commission director shall have access to the projector and use of Star Hall, free of charge subject to the following: 1. The use of the projector and Star Hall is consistent with the services provided by the Film Commission as contained in the AGREEMENT. 2. The regularly established County policies relating to the scheduling and use of Star Hall and equipment are agreed to and followed. 3. Payment for Projector. In exchange for the use of the projector outlined herein, the CITY agrees to pay the COUNTY one half of the costs of all equipment, material, and labor for the initial purchase and installation of the projector agreed to by the Oversight Committee established in the AGREEMENT. The payment for the projector is due within thirty (30) days of the COUNTY billing the CITY or, due to the urgent need to acquire the projector, the Oversight Committee in conjunction with the County's Clerk/Auditor may establish an alternative payment arrangement that is mutually agreed to prior to the purchase of the projector. If the projector becomes inoperable the City may consider funding one half of the cost to repair or replace the projector. 4. Control of Property. The COUNTY shall own the projector and exercise control thereof. The projector is to be a fixture of Star Hall, 159 E. Center St, Moab, UT 84532. 5. Duration of the Addendum. The First Addendum shall become effective immediately upon its approval by both the County Council and City Council and shall terminate immediately with written notice that the projector is no longer operable, stolen or with the termination of the AGREEMENT. RESOLUTION 37-2021 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 as detailed in the attached list, and; WHEREAS, the Governing Body of Moab City declares that at present time, resulting in the transition of the Film Commission transfer from the City to the County, the ownership of assets will be transferred to the County. 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 14th day of December 2021. SIGNED: Emily S. Niehaus, Mayor ATTEST: Sommar Johnson, City Recorder Asset Item Asset Number 2008 Dodge Durango 2008-0693 Uncapitalized Inventory Other office furniture iPhone Film Posters Marketing Promotional Material 2021 Mac Laptop 2017 Mac Desktop Office Desk Office Chairs Resolution #37-2021 Moab City Council Agenda Item Meeting Date: December 14, 2021 Title: Fiscal Year 2021-2022 Budget Amendment Presenter: Ben Billingsley Attachment(s): Provide a listing of attachments, and any necessary background if the item is not self-explanatory - Resolution 35-2021 - FY22 Amendment Supplemental Information - Proposed Full Amended FY22 Budget Possible Motion: I move to approve Resolution 35-2021 amending the Fiscal Year 2021-2022 Budget Summary: State Code allows for budgets to be amended as needed following a properly noticed public hearing. Common practice is to amend the budget in December and June. Staff Recommendation: Staff recommends approval of resolution as presented. Fiscal Note: See the supplemental information for the fiscal impact. Preceding Action: Resolution 22-2021 Adopted the FY22 in the meeting on August 24, 2021. Only minor changes were made from the tentative budget to the final adopted budget resulting from the property tax consideration. Subsequent Action: All budget items included in the attachment that exceed $50k are subject to further Council discussion and approval. The budget approval for these amounts guides staff to move forward with the consideration. It is anticipated that a final budget amendment will be proposed in June 2022. 1 CITY OF MOAB RESOLUTION NO. 35-2021 A RESOLUTION AMENDING THE FISCAL YEAR 2021-2022 BUDGET WHEREAS, the City Council of the City of Moab adopted the fiscal year 2021-2022 budget by resolution 22-2021; and WHEREAS, the City may amend the adopted budget as needed prior to the last day of the fiscal year as outlined by UCA 10-6-127; and WHEREAS, at a meeting duly noticed and held on December 14, 2021, a public hearing was held for the purpose of receiving public input for the budget amendment; and WHEREAS, the City of Moab has proposed to amend the 2021-2022 fiscal year budget for the various funds as summarized below and included in Exhibit A; NOW, THEREFORE BE IT RESOLVED THAT THE 2021-2022 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Fund Amended Revenue Amended Expenditure 10 - General Fund $14,733,527 $14,733,527 21 – Class C Road Fund $959,629 $959,629 23 - Recreation Fund $1,539,858 $1,539,858 41 – Capital Projects Fund $1,359,683 $1,359,683 51 - Water Fund $1,979,461 $1,488,260 52 – Sewer Fund $2,355,987 $2,335,040 53 – Storm Water Fund $285,190 $124,374 PASSED AND APPROVED by a majority of the City Council, this 14th day of December, 2021. By:__________________________ _________________ Emily S. Niehaus, Mayor Date Attest: By:___________________________ ________________ Sommar Johnson, Recorder Date Fiscal Year 2021-2022 Amendment Supplemental Information Purpose: This document is a narrative guide to the budgetary amendment. Line-item adjustments have been grouped to allow the consolidation of line by line explanation. Revenue Update and Fund Balance Contribution Revenues were budgeted based loosely on FY18 revenue actuals. Economic factors have increased the realized and anticipated revenues. This update only takes into consideration the realized growth from July-November and does not assume a growth factor for December-June, so this remains a conservative revenue projection. This budget proposes contributing 49% of the growth to Fund Balance. Budget for Visioning Consultants Visioning consultants were not included in the original budget. Budget for Salary Survey Salary survey was not included in the original budget and Lexipol (policies and procedures manual) was paid for in FY22. AXON Equipment Integration The Police Department will be presenting a product/service lease agreement with a current hardware vendor that would provide integration of body cam with taser and firearm, as well as provide additional training tools. Initial calculations indicate this will cost similar to the purchase of hardware but will provide a significantly better experience for the officers and will provide for additional failsafe for body cam usage. Impact Fee Studies The city has the option to consider additional impact fees. Additional discussion on this will be forthcoming. Planning Budget Reallocation The original planning professional and technical budget was reduced from the requested $130k to $100k, which only constitutes the code revision. The plan has been to reallocate that code revision budget to the assistant planner. This amendment completes that concept, as well as adds an additional $40k to pay for consulting services that will be needed following the retirement of the current Planning Director. Sustainability Department Budget The sustainability budget was completed prior to hiring a Sustainability Director and having department input on the budget. This budget would approve the Americorp Vista, the Semaconnect charging station subscription, USDN membership, the HB411 Renewable Energy ILA, a $20k line for grant match programs, and the authorization to spend a community donation. Prima Fascia Speed Limit Signage Following the approval of the prima fascia speed limit adjustment, a small budget for signage is requested. MRAC Rate and Feasibility Study The city has contracted for a rate and feasibility study for the recreation center. Pack Creek Foot Bridge Replacement and Flood Repairs The city has been granted funds from NRCS to repair damage caused in the 2021 flood events. This program requires 25% local contribution, so for the $330,000 project, the city will contribute $82,500. The city is also in early stages of replacing the Pack Creek Foot Bridge. Preliminary data suggests a $300k bridge would construct a bridge designed for a 15-20 year flood event. Water Bond Interest Expense - Unbudgeted The adopted budget failed to include the new Water Revenue Bond interest expense. Engineering for FY23 Sewer Capital Projects This budget amount ties in with the recent sewer rate study. By frontloading the engineering costs for projects scheduled in 2023, the projects will be able to move forward more quickly when the Council pursues the bond package. FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 7/1/2020 7/1/2021 6/30/2022 10 General Fund 6/30/2021 11/30/2021 4 Change In Net Position Revenue: Taxes SALES & USE TAXES 2,803,004 1,465,358 2,362,405 62%271,527 2,633,932 RAP TAXES 91,789 205,952 319,541 64%319,541 FRANCHISE TAXES 106,011 42,115 144,707 29%144,707 HIGHWAY TAXES 1,136,233 625,578 932,858 67%154,162 1,087,020 TRANSIENT ROOM TAXES 1,578,634 1,055,790 1,469,701 72%119,946 1,589,647 RESORT COMMUNITY TAXES 5,649,771 3,255,396 4,786,664 68%836,475 5,623,139 ENERGY TAXES 222,462 94,906 168,308 56%168,308 Total Taxes 11,587,906 6,745,096 10,184,184 66%11,566,294 Licenses and permits INACTIVE 90 - - 0%- FLAT BUSINESS LICENSES 23,289 3,494 12,000 29%12,000 SPECIAL EVENT LICENSES 10,507 2,684 6,000 45%6,000 SIGN PERMITS 88 - 200 0%200 BUILDING PERMITS - CITY 57,020 12,372 40,000 31%40,000 BUILDING PERMITS - COMMERCIAL 60,856 48,135 30,000 160%30,000 1% BLDG PERMIT CHARGE 281 2,908 500 582%500 PLAN CHECK FEES 42,219 42,881 - 0%- PLANNING & ZONING ALL OTHER FE 20,257 9,709 10,000 97%10,000 OTHER LICENSES & PERMITS 380 76 - 0%- Total Licenses and permits 214,987 122,258 98,700 124%98,700 Intergovernmental revenue PSafety - STATE LIQUOR FUND AL 28,173 - 28,000 0%28,000 PSafety - MISC STATE GRANTS 9,631 25,538 - 0%- PSafety - VICTIM ADVOCATE GRAN 63,814 - 58,115 0%58,115 PSafety - VICTIM ADVOCATE 4,940 - -0%- SAN JUAN CO. CONTRIBUTION 5,000 - 5,000 0%5,000 GRAND COUNTY CONTRIBUTION 77,948 - 38,974 0%38,974 Total Intergovernmental revenue 189,506 25,538 130,089 20%130,089 Charges for services SPECIAL SERVICES BY CITY DEPTS 2,000 - 2,000 0%2,000 SPECIAL EVENT SERVICES BY CITY - - - 0%- SPECIAL SERVICES BY ENGINEERIN 53,726 - 35,000 0%35,000 SPECIAL SERVICES BY TREASURER - - - 0%- GARBAGE BILLING / COLLECTION 293,906 27,724 84,000 33%84,000 REFUSE COLLECTION CHARGES 994,686 215,757 1,200,000 18%1,200,000 RECYLING COLLECTION CHARGES 95,596 8,092 60,000 13%60,000 PSafety - ANIMAL SHELTER FEES 5,390 2,885 6,000 48%6,000 PSafety - ANIMAL SHELTER INTER 11,134 8,733 14,500 60%14,500 PSafety - SECURITY SERVICES 11,366 3,144 2,000 157%2,000 PSafety - SPECIAL EVENT SERVIC - (1,300) 8,000 -16%8,000 PSafety - RECORDS FEES 1,435 1,792 1,000 179%1,000 PSafety - WITNESS FEES 74 - 100 0%100 Total Charges for services 1,469,313 266,827 1,412,600 19%1,412,600 Sustainability SUSTAINABILITY GRANTS AND DONA - - - 0%- EXHIBIT A FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget SUSTAINABILITY MONUMENT COST S - - - 0% - Total Sustainability - - - 0% - Fines and forfeitures CODE ENFORCEMENT FINES 6,420 650 - 0% - PSafety - FINES & PENALTIES 37,786 9,566 40,000 24% 40,000 PSafety - FORFEITURES (1,776) - - 0% - Total Fines and forfeitures 42,429 10,216 40,000 26% 40,000 Interest INTEREST INCOME 4,342 - - 0% - INTEREST PTIF 30,113 10,754 20,000 54% 20,000 Total Interest 34,455 10,754 20,000 54% 20,000 Miscellaneous revenue PSafety - DONATIONS - 500 - 0% - PSafety - EVIDENCE/LOST & FOUN 1,438 - - 0% - RESTITUTION 4,212 - - 0% - PSafety - SEIZED PROPERTY 1,778 - - 0% - PARK RENTALS 12,830 4,400 13,000 34% 13,000 PARK DEPOSITS (180) (900) - 0% - COVID STIMULUS (CARES/ARPA)1,011,271 315,760 315,760 100% 315,760 FILM COMM - SPONSOR/DONATION 5,000 500 4,000 13% 4,000 FILM COMM - SPECIAL EVENT FEES 1,349 - - 0% - FILM COM. - EQUIP RENTAL FEES 200 750 500 150% 500 SALE OF REAL/PERS. PROPERTY - - 5,000 0% 5,000 INSURANCE REBATE 25,036 - - 0% - INSURANCE INCOME - 15,720 - 0% - OTHER 32,369 14 17,000 0% 17,000 PSafety - ANIMAL DEPOSITS NON-1,935 525 1,000 53% 1,000 ALLOWANCE ON DOUBTFUL ACCOUNTS - (1,835) - 0% - Total Miscellaneous revenue 1,097,237 337,269 356,260 95% 356,260 Contributions and transfers OVERHEAD PAID FROM STORM WATER 84,186 35,038 105,114 33% 105,114 OVERHEAD PAID FROM SEWER FUND 378,837 157,671 473,013 33% 473,013 OVERHEAD PAID FROM CUL WATER F 391,747 162,152 486,457 33% 486,457 OVERHEAD PAID FROM TRANSIT FUND - - 45,000 0% 45,000 GENERAL FUND BEG. BALANCE - - - 0% - Total Contributions and transfers 854,770 354,861 1,109,584 32% 1,109,584 Total Revenue: 15,490,604 7,872,819 13,351,417 59% 14,733,527 Expenditures: General government Attorney Attorney SALARIES & WAGES 134,340 34,465 138,703 25% 138,703 Attorney BENEFITS 49,713 11,950 58,729 20% 58,729 Attorney SUBSCRIPTIONS & MEMBE 1,551 30 4,185 1% 4,185 Attorney TRAVEL\FOOD - - 1,000 0% 1,000 Attorney OFFICE EXPENSE & SUPP 418 - 100 0% 100 Attorney PROFESSIONAL & TECH. 32,705 47,128 25,000 189% 25,000 Attorney PUBLIC DEFENDER 23,353 12,886 24,000 54% 24,000 Attorney PROSECUTION SERVICES 44,187 12,180 37,000 33% 37,000 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Attorney EDUCATION - - 400 0% 400 Total Attorney 286,267 118,640 289,117 41% 289,117 General General EMPLOYEE BENEFITS 8,490 - - 0% - General OFFICE EXPENSE & SUPPL 2,965 1,399 - 0% - General UTILITIES 40,264 17,384 41,000 42% 41,000 General TELEPHONE/INTERNET 51,379 21,161 41,000 52% 41,000 General RENT OF PROPERTY OR EQ 2,891 723 - 0% - General INSURANCE 164,441 10,875 141,000 8% 141,000 Total General 270,429 51,541 223,000 23% 223,000 Executive and Central Staff Exec SALARIES & WAGES 160,947 82,929 198,435 42% 198,435 Exec EMPLOYEE BENEFITS 26,713 12,327 31,291 39% 31,291 Exec SUBSCRIPTIONS & MEMBERSHI 14,097 66 8,500 1% 8,500 Exec PUBLIC NOTICES - - - 0% - Exec TRAVEL\FOOD 3,224 4,248 9,600 44% 9,600 Exec OFFICE EXPENSE & SUPPLIES 35 - - 0% - Exec BLDG/GRDS SUPPL & MAINT - - - 0% - Exec TELEPHONE - - - 0% - Exec MONTHLY FUEL - GASCARD 29 61 500 12% 500 Exec PROFESSIONAL/TECHNICAL SE 775 20,000 50,000 40%80,000 130,000 Exec EDUCATION 149 595 1,000 60% 1,000 Exec OTHER - - - 0% - Exec SPECIAL DEPARTMENTAL SUPP 359 44 2,400 2% 2,400 Total Executive and Central Staff 206,328 120,271 301,726 40% 381,726 Administrative Admin SALARIES & WAGES 391,026 174,142 434,311 40% 434,311 Admin EMPLOYEE BENEFITS 171,421 68,884 189,405 36% 189,405 Admin OVERTIME - - 2,500 0% 2,500 Admin UNEMPLOYMENT 11,606 747 - 0% - Admin SUBSCRIPTIONS & MEMBERSH 3,778 471 7,470 6% 7,470 Admin PUBLIC NOTICES 23,166 7,562 35,300 21% 35,300 Admin TRAVEL\FOOD 8,499 2,253 9,400 24% 9,400 Admin OFFICE EXPENSE & SUPPLIE 2,885 2,689 7,500 36% 7,500 Admin EQUIP/SUPPLIES & MAINTEN 181 - 1,500 0% 1,500 Admin TELEPHONE 2,828 714 2,500 29% 2,500 Admin PROFESSIONAL/TECH. SERVI 63,502 1,596 15,000 11% 15,000 Admin EDUCATION 2,943 2,519 2,500 101% 2,500 Admin OTHER 10,151 222 9,500 2% 9,500 Admin SPECIAL DEPARTMENTAL SUP 4,073 1,482 2,300 64% 2,300 Admin GRANT EXPENSES 205,617 - - 0% - Total Administrative 901,677 263,280 719,186 37% 719,186 Recorder Recorder SALARIES & WAGES 145,584 62,378 188,939 33% 188,939 Recorder EMPLOYEE BENEFITS 89,264 37,085 106,296 35% 106,296 Recorder OVERTIME - - 1,000 0% 1,000 Recorder UNEMPLOYMENT 256 - - 0% - Recorder SUBSCRIPTIONS/MEMBERS 1,656 180 2,990 6% 2,990 Recorder PUBLIC NOTICES 8,523 3,513 7,500 47% 7,500 Recorder TRAVEL\FOOD - - 3,400 0% 3,400 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Recorder OFFICE EXPENSE & SUPP 3,441 1,587 4,000 40% 4,000 Recorder TELEPHONE 689 190 540 35% 540 Recorder PROFESSIONAL & TECH. 18,431 13,857 25,200 55% 25,200 Recorder EDUCATION 700 - 2,600 0% 2,600 Recorder OTHER - - 100 0% 100 Recorder SPECIAL DEPARTMENTAL 1,037 - 1,700 0% 1,700 Recorder COPIER SUPPLIES 3,247 1,127 5,300 21% 5,300 Total Recorder 272,827 119,915 349,565 34% 349,565 Information Technology Info Tech OFFICE EXPENSE & SUP 701 236 1,500 16% 1,500 Info Tech PROF & TECH SERVICES 104,504 43,615 119,060 37% 119,060 Info Tech WEBSITE 5,861 58 10,266 1% 10,266 Info Tech GOOGLE FOR GOVERNMEN 23,096 35,177 21,600 163% 21,600 Info Tech SECURITY APPLIANCE 2,968 - 1,500 0% 1,500 Info Tech WIFI - ACCESS LICENS - - 1,500 0% 1,500 Info Tech ANTIVIRUS 5,750 2,625 5,700 46% 5,700 Info Tech DNS MONITORING 4,500 1,875 4,500 42% 4,500 Total Information Technology 147,380 83,585 165,626 50% 165,626 Elections Election PUBLIC NOTICES - 636 3,000 21% 3,000 Election PROFESSIONAL/TECH - P - - 7,000 0% 7,000 Election PROFESSIONAL/TECH - G - 144 7,000 2% 7,000 Election EDUCATION - INITIATIV - - 500 0% 500 Election PRINTING EXPENSES - 1,338 500 268% 500 Election ELECTION DINNERS - GE - 447 - 0% - Total Elections - 2,118 18,000 12% 18,000 Engineering Engineer SALARIES & WAGES 300,417 132,540 302,603 44% 302,603 Engineer BENEFITS 153,509 66,038 174,876 38% 174,876 Engineer OVERTIME 98 - 500 0% 500 Engineer UNEMPLOYMENT 653 - - 0% - Engineer SUBSCRIPTIONS & MEMBE 7,296 3,712 7,675 48% 7,675 Engineer TRAVEL - - 1,600 0% 1,600 Engineer OFFICE EXPENSE & SUPP 3,606 1,398 5,300 26% 5,300 Engineer EQUIP/SUPPLIES & MAIN 695 475 1,000 48% 1,000 Engineer TELEPHONE 406 - 1,025 0% 1,025 Engineer MONTHLY FUEL - GASCAR 11,387 722 1,500 48% 1,500 Engineer PROFESSIONAL & TECH. 33,166 715 20,000 4% 20,000 Engineer PLAN REVIEW SERVICES 9,857 - - 0% - Engineer EDUCATION 3,274 1,800 7,500 24% 7,500 Engineer OTHER 5 - 200 0% 200 Engineer SPECIAL DEPARTMENTAL 1,508 - 2,500 0% 2,500 Total Engineering 525,878 207,401 526,279 39% 526,279 Finance Finance SALARIES & WAGES 246,264 101,194 298,854 34% 298,854 Finance EMPLOYEE BENEFITS 139,805 60,299 204,984 29% 204,984 Finance OVERTIME - - 1,500 0% 1,500 Finance SUBSCRIPTIONS & MEMBER 3,322 1,072 4,360 25% 4,360 Finance TRAVEL - 736 5,500 13% 5,500 Finance OFFICE EXPENSE & SUPPL 12,827 4,089 11,525 35% 11,525 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Finance EQUIPMENT SUPPL. & MAI 1,855 - 3,776 0% 3,776 Finance TELEPHONE 972 299 2,500 12% 2,500 Finance PROFESSIONAL & TECH. S 11,833 5,676 10,750 53% 10,750 Finance EDUCATION 638 288 3,500 8% 3,500 Finance BANK HANDLING CHARGES 35,725 11,764 31,000 38% 31,000 Finance SPECIAL DEPARTMENTAL S 2,046 200 18,500 1% 18,500 Finance INSURANCE - - 1,950 0% 1,950 Total Finance 455,287 185,617 598,699 31% 598,699 Human Resources Human Resources SALARIES & WAG 167,752 69,639 166,655 42% 166,655 Human Resources EMPLOYEE BENEF 86,747 35,574 97,936 36% 97,936 Human Resources OVERTIME 720 - 2,000 0% 2,000 Human Resources SUBSCRIPTIONS 2,776 355 1,000 35% 1,000 Human Resources PUBLIC NOTICES 1,664 2,861 4,000 72% 4,000 Human Resources TRAVEL\FOOD - - 2,500 0% 2,500 HR OFFICE EXPENSE & SUPPLIES 521 - 4,000 0% 4,000 Human Resources EQUIP./SUPPLIE - - 12,900 0% 12,900 Human Resources TELEPHONE 452 339 1,200 28% 1,200 HR RENT OF PROPERTY OR EQUIPME - - 2,900 0% 2,900 Human Resources PROF & TECH. S 27,911 59,275 65,000 91%37,500 102,500 Human Resources EDUCATION 401 - 4,000 0% 4,000 Human Resources OTHER 38 20 1,000 2% 1,000 Human Resources SPECIAL DEPT S 3,076 - 3,050 0% 3,050 Human Resources COPIER SUPPLIE 3,385 992 1,500 66% 1,500 Total Human Resources 295,442 169,055 369,641 46% 407,141 Police Police SALARIES & WAGES 1,183,142 444,559 1,267,301 35% 1,267,301 Police MOVIE\SECURITY WAGES 7,173 (660) - 0% - Police EMPLOYEE BENEFITS 776,148 293,060 871,165 34% 871,165 Police OTHER BENEFITS- U/ALLOW 17,840 11,520 17,280 67% 17,280 Police OVERTIME 32,384 12,122 45,000 27% 45,000 Police UNEMPLOYMENT 847 - - 0% - Police SUBSCRIPTIONS & MEMBERS 26,748 335 28,935 1% 28,935 Police TRAVEL\FOOD 9,173 3,559 25,000 14% 25,000 Police OFFICE EXPENSE & SUPPLI 5,191 2,147 10,000 21% 10,000 Police EQUIPMENT-SUPPL. & MAIN 70,510 13,476 40,000 34% 40,000 Police BLDG/GRDS-SUPPL. & MAIN - 400 10,000 4% 10,000 Police TELEPHONE 14,487 4,877 22,416 22% 22,416 Police RENT OF PROPERTY OR EQU 7,415 1,408 8,484 17%75,000 83,484 Police MONTHLY FUEL - GASCARD 38,992 17,665 60,000 29% 60,000 Police PROFESSIONAL & TECH. SE 7,763 3,014 3,300 91%25,000 28,300 Police EDUCATION 7,422 1,831 20,000 9% 20,000 Police DISPATCH SERVICES 115,981 65,643 128,100 51% 128,100 Police SPECIAL DEPARTMENTAL SU 12,497 533 22,365 2% 22,365 Police VEST REPLACEMENT - - 8,000 0% 8,000 Police INITIAL UNIFORM GEAR 3,825 3,010 - 0% - Police SCHOOL EQUIP/ SUPPLIES - - - 0% - Police MACHINERY & EQUIPMENT 68,766 69,056 - 0% - Police JAG GRANT EXPENSES 2,621 3,689 - 0% - Total Police 2,408,924 951,243 2,587,346 37% 2,687,346 Victims's Advocate FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Victims's Advocate SALARIES & 57,152 23,760 81,362 29% 81,362 Victims's Advocate EMPLOYEE BE 23,717 10,396 28,591 36% 28,591 Victims's Advocate OVERTIME - - - 0% - Victims's Adv SUBSCRIPTIONS/ME - 38 800 5% 800 Victims's Advocate TRAVEL - - 1,000 0% 1,000 Victims's Advocate OFFICE SUPP 4,499 2,608 2,000 130% 2,000 Victims's Advocate EQUIP/SUPPL - 598 - 0% - Victims's Advocate TELEPHONE 675 171 600 28% 600 Victims Advocate MONTHLY FUEL 792 450 1,000 45% 1,000 Victims's Advocate EDUCATION - - 2,000 0% 2,000 Victims's Advocate OTHER 2,731 469 3,500 13% 3,500 Victims's Advocate MACHINERY &- - - 0% - Total Victims's Advocate 89,566 38,489 120,853 32% 120,853 Beer Tax Funds Eligible Expenses Beer Tax EQUIPMENT 19,176 - 28,178 0% 28,178 Total Beer Tax Funds Eligible Expenses 19,176 - 28,178 0% 28,178 Animal control Animal Ctl SALARIES & WAGES 173,539 73,281 188,987 39% 188,987 Animal Ctl EMPLOYEE BENEFITS 103,530 41,459 112,948 37% 112,948 Animal Ctl OTHER BENEFIT - U/A 25 3,360 4,089 82% 4,089 Animal Ctl OVERTIME 9,082 5,221 6,000 87% 6,000 Animal Ctl SUBSCRIPTIONS & MEM - - 735 0% 735 Animal Ctl TRAVEL\FOOD 110 - 4,000 0% 4,000 Animal Ctl OFFICE EXPENSE & SU (18) - - 0% - Animal Ctl EQUIP-SUPPL.&MAINT 2,123 1,917 10,000 19% 10,000 Animal Ctl UTILITIES 8,425 2,225 12,000 19% 12,000 Animal Ctl TELEPHONE 4,416 1,422 4,092 35% 4,092 Animal Ctl MONTHLY FUEL - GASC 4,421 2,500 6,290 40% 6,290 Animal Ctl PROFESSIONAL & TECH - 562 1,000 56% 1,000 Animal Ctl EDUCATION 705 - 2,000 0% 2,000 Animal Ctl OTHER - - - 0% - Animal Ctl SPECIAL DEPARTMENTA 594 92 6,000 2% 6,000 Animal Ctl GRANT EXPENSES 8,356 2,250 - 0% - Animal Ctl MACHINERY & EQUIPME - - 4,735 0% 4,735 Total Animal control 315,308 134,289 362,876 37% 362,876 Streets Streets SALARIES & WAGES 237,782 96,403 252,872 38% 252,872 Streets EMPLOYEE BENEFITS 179,657 67,929 215,100 32% 215,100 Streets OVERTIME 433 - 2,000 0% 2,000 Streets UNEMPLOYMENT 10,321 - 2,000 0% 2,000 Streets SUBSCRIPTIONS & MEMBER 582 185 1,000 19% 1,000 Streets TRAVEL 497 - 2,500 0% 2,500 Streets OFFICE EXPENSE & SUPPL - - 500 0% 500 Streets EQUIPMENT-SUPPL. & MAI 570 1,210 2,500 48% 2,500 Streets BLDG/GRDS-SUPPL. & MAI 643 - 1,100 0% 1,100 Streets UTILITIES 15,912 4,896 20,000 24% 20,000 Streets TELEPHONE 670 101 2,640 4% 2,640 Streets RENT OF PROPERTY OR EQ - - 600 0% 600 Streets PROFESSIONAL & TECH. S 9,771 2,440 7,500 33%25,000 32,500 Streets EDUCATION - - 5,500 0% 5,500 Streets OTHER 37 - 500 0% 500 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Streets STREET LIGHTS 81,053 30,868 100,000 31% 100,000 Streets SPECIAL DEPARTMENTAL S 1,312 108 6,000 2% 6,000 Total Streets 539,240 204,139 622,312 33% 647,312 Facilities Facilities SALARIES & WAGES 253,575 120,375 268,440 45% 268,440 Facilities EMPLOYEE BENEFITS 146,092 79,269 198,680 40% 198,680 Facilities OVERTIME - 215 500 43% 500 Facilities UNEMPLOYMENT (2,331) - - 0% - Facilities SUBSCRIPTIONS & MEM - - 300 0% 300 Facilities TRAVEL - 263 900 29% 900 Facilities OFFICE EXPENSE & SU 61 - 300 0% 300 Facilities EQUIP SUPPLIES & MA 515 57 5,300 1% 5,300 Facilities BLDG/GRDS-SUPPL & M 13,921 5,652 28,900 20% 28,900 Facilities - CITY CENTER 5,321 186 - 0% - Facilities - MARC 922 149 - 0% - Facilities - CENTER STREET GYM 409 14 - 0% - Facilities UTILITIES 6,448 2,014 5,184 39% 5,184 Facilities TELEPHONE 2,474 892 3,300 27% 3,300 Facilities RENT OF PROPERTY OR - - 800 0% 800 Facilities MONTHLY FUEL 3,482 1,349 3,000 45% 3,000 Facilities PROFESSIONAL & TECH 15,007 10,546 19,300 55% 19,300 Facilities EDUCATION 40 70 800 9% 800 Facilities OTHER 35 - - 0% - Facilities SPECIAL DEPARTMENTA 484 23 5,800 0% 5,800 Total Facilities 446,455 221,074 541,504 41% 541,504 Safety Safety SALARIES & WAGES 9,960 4,609 52,517 9% 52,517 Safety BENEFITS 6,154 2,574 44,705 6% 44,705 Safety OVERTIME - - - 0% - Safety SUBSCRIPTIONS & MEMBERS 543 30 500 6% 500 Safety TRAVEL 585 - 1,500 0% 1,500 Safety EQUIP/SUPPLIES & MAINTE 3,217 - 3,500 0% 3,500 Safety TELEPHONE - - 750 0% 750 Safety MONTHLY FUEL - - 1,000 0% 1,000 Safety PROFESSIONAL & TECH. SE 5,271 2,177 13,000 17% 13,000 Safety EDUCATION - 6,790 11,000 62% 11,000 Safety OTHER 724 1,868 4,000 47% 4,000 Safety SPECIAL DEPARTMENTAL SU 37,279 6,447 19,640 33% 19,640 Safety SAFETY EQUIPMENT 8,977 431 33,000 1% 33,000 Total Safety 72,711 24,926 185,112 13% 185,112 Vehicle Maintenance Vehicle Maintenance SALARIES &51,784 31,173 71,073 44% 71,073 Vehicle Maintenance - EMPLOYEE 32,562 18,681 50,832 37% 50,832 Vehicle Maintenance OVERTIME - - - 0% - Vehicle Maintenance SUB & MEMB 2,215 2,195 2,300 95% 2,300 Vehicle Maintenance TRAVEL - - 2,000 0% 2,000 Vehicle Maintenance EQUIP/SUPP 6,739 2,900 45,000 6% 45,000 Vehicle Maintenance EQUIP MAIN 9,893 585 - 0% - Veh Maint EQUIP MAINT STREETS 9,258 5,304 - 0% - Vehicle Maint EQUIP MAINT - FA 1,824 - - 0% - Fleet BLDG/GRDS-SUPPL & MAINT 35 39 3,000 1% 3,000 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Vehicle Maintenance TELEPHONE 630 188 750 25% 750 Vehicle Maintenance RENT OF EQ - - 500 0% 500 Vehicle Maintenance MONTHLY FU 1,217 628 2,000 31% 2,000 Vehicle Maintenance PROF & TEC 1,208 113 4,000 3% 4,000 Vehicle Maintenance EDUCATION - - 1,000 0% 1,000 Vehicle Maintenance OTHER 189 12 500 2% 500 Veh Maint SPECIAL DEPT SUPPLIE 1,940 1,358 11,000 12% 11,000 Total Vehicle Maintenance 119,494 63,175 193,955 33% 193,955 Sanitation Sanitation PROFESSIONAL & TECH 1,207,443 323,450 1,200,000 27% 1,200,000 Sanitation PROF&TECH RECYCLE 95,294 16,314 100,000 16% 100,000 Total Sanitation 1,302,737 339,764 1,300,000 26% 1,300,000 PW Admin PW Admin SALARIES & WAGES 160,456 76,016 116,357 65% 116,357 PW Admin EMPLOYEE BENEFITS 77,367 35,026 51,187 68% 51,187 PW Admin OVERTIME - - - 0% - PW Admin SUBSCRIPTIONS & MEMBE 528 305 700 44% 700 PW Admin TRAVEL - - 1,100 0% 1,100 PW Admin OFFICE EXPENSE & SUPP 3,401 1,230 6,400 19% 6,400 PW Admin UTILITIES 14,112 4,824 18,500 26% 18,500 PW Admin TELEPHONE 1,219 443 1,820 24% 1,820 PW Admin RENT OF PROPERTY OR E 3,165 1,000 3,200 31% 3,200 PW Admin MONTHLY FUEL - GASCAR - - 1,000 0% 1,000 PW Admin PROFESSIONAL & TECH. 155 - 1,000 0% 1,000 PW Admin EDUCATION 95 - 1,000 0% 1,000 PW Admin OTHER 20 - 1,000 0% 1,000 PW Admin SPECIAL DEPARTMENTAL 3,501 571 - 0% - Total PW Admin 264,020 119,416 203,264 59% 203,264 Parks O&M Parks O&M SALARIES & WAGES 339,122 142,381 353,335 40% 353,335 Parks O&M EMPLOYEE BENEFITS 191,462 76,547 222,008 34% 222,008 Parks O&M OVERTIME 2,686 - 5,000 0% 5,000 Parks O&M UNEMPLOYMENT (2,024) - - 0% - Parks O&M SUBSCRIPTIONS & MEMB 590 38 1,020 4% 1,020 Parks O&M TRAVEL 3,279 1,503 1,900 79% 1,900 Parks O&M OFFICE EXPENSE & SUP - 45 - 0% - Parks O&M EQUIPMENT-SUPPL. & M 207 1,563 3,000 52% 3,000 Parks O&M BLDG/GRDS-SUPPL. & M 24,220 12,448 21,750 57% 21,750 Parks O&M UTILITIES 66,316 23,452 88,700 26% 88,700 Park O&M Garbage and Recycling 17,078 6,025 - 0% - Parks O&M TELEPHONE 5,001 1,353 10,735 13% 10,735 Parks O&M RENTALS - 25 750 3% 750 Parks O&M MONTHLY FUEL - GASCA 14,943 5,499 20,000 27% 20,000 Parks O&M PROFESSIONAL & TECH.2,274 408 3,750 11%25,000 28,750 Parks O&M EDUCATION 420 430 1,250 34% 1,250 Parks O&M OTHER - - 750 0% 750 Parks O&M SPECIAL DEPARTMENTAL 4,873 2,095 19,200 11% 19,200 Parks O&M PARK IMPROVEMENTS 221 - 5,250 0% 5,250 Total Parks O&M 670,667 273,809 758,398 36% 783,398 Inspections FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Inspection SALARIES & WAGES 81,667 32,976 80,549 41% 80,549 Inspection BENEFITS 54,579 21,657 57,120 38% 57,120 Inspection OVERTIME 12,079 3,991 13,000 31% 13,000 Inspection SUBSCRIPTIONS & MEM 809 130 1,000 13% 1,000 Inspection TRAVEL - - 1,500 0% 1,500 Inspection OFFICE EXPENSE & SU 127 - 1,000 0% 1,000 Inspection TELEPHONE 994 330 1,100 30% 1,100 Inspection MONTHLY FUEL 494 275 750 37% 750 Inspection PROFESSIONAL & TECH 30,084 13,016 20,000 65% 20,000 Inspection EDUCATION 264 112 1,000 11% 1,000 Inspection SPECIAL DEPARTMENTA 850 444 1,500 30% 1,500 Total Inspections 181,946 72,930 178,519 41% 178,519 Planning Planning SALARIES & WAGES 294,675 129,514 328,265 39%100,000 428,265 Planning EMPLOYEE BENEFITS 147,387 61,320 194,051 32% 194,051 Planning OVERTIME - - 2,500 0% 2,500 Planning UNEMPLOYMENT 466 - - 0% - Planning SUBSCRIPTIONS & MEMBE 6,206 3,491 5,400 65% 5,400 Planning TRAVEL - 290 8,500 3% 8,500 Planning OFFICE EXPENSE & SUPP 3,179 1,253 11,768 11% 11,768 Planning TELEPHONE 1,617 714 480 149% 480 Planning RENTAL 3,159 1,316 - 0% - Planning MONTHLY FUEL - GASCAR - - - 0% - Planning PROFESSIONAL & TECH. 10,781 - 100,000 0%(60,000) 40,000 Planning EDUCATION - 60 8,000 1% 8,000 Planning OTHER 112 - 400 0% 400 Planning ABATEMENT 4,920 - - 0% - Planning SPECIAL DEPARTMENTAL 3,605 - 1,102 0% 1,102 Total Planning 476,107 197,959 660,466 30% 700,466 Film Commission Film Comm SALARIES & WAGES 66,852 28,004 34,528 81% 34,528 Film Comm EMPLOYEE BENEFITS 27,860 11,590 14,770 78% 14,770 Film Comm OVERTIME 610 - 1,250 0% 1,250 Film Comm UNEMPLOYMENT (235) - - 0% - Film Comm SUBSCRIPTIONS & MEM 7,052 2,532 3,000 84% 3,000 Film Comm ADVERTISING 60 4,626 6,250 74% 6,250 Film Comm MARKETING 249 47 - 0% - Film Comm PROMO MATERIALS 1,977 - - 0% - Film Comm TRAVEL - 2,475 7,000 35% 7,000 Film Comm OFFICE EXPENSE & SU 195 82 500 16% 500 Film Comm EQUIP./SUPPLIES & M - 33 250 13% 250 Film Comm TELEPHONE 574 190 325 58% 325 Film Comm MONTHLY FUEL - GASC 446 135 300 45% 300 Film Comm PROFESSIONAL & TECH - 550 750 73% 750 Film Comm EDUCATION - - 500 0% 500 Film Comm OTHER 168 69 500 14% 500 Film Comm SPECIAL DEPARTMENTA 1,778 56 1,000 6% 1,000 Film Comm MACHINERY & EQUIPME - - 500 0% 500 Film Comm SPECIAL PROJECTS 3,169 5,550 4,350 128% 4,350 Total Film Commission 110,755 55,938 75,773 74% 75,773 Community Contributions FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Com Contrib - COMMUNITY ORGANI - - 55,000 0% 55,000 Com Contrib - MOAB INFORMATION - 10,000 10,000 100% 10,000 Com Contrib - ARTS PROMOTION - - 7,000 0% 7,000 Com Contrib - SHELTER SERVICES 10,000 - 10,000 0% 10,000 Com Contrib - STUDENT OF MONTH 193 - - 0% - Com Contrib - GRAND COUNTY/4TH 19,332 - 23,200 0% 23,200 Total Community Contributions 29,525 10,000 105,200 10% 105,200 Sustainability Sustainability SALARIES & WAGE 14,572 31,874 83,700 38%3,500 87,200 Sustainability EMPLOYEE BENEFI 4,745 11,666 22,721 51% 22,721 Sustainability UNEMPLOYMENT 12,042 633 - 0% - Sustainability SUBSCRIPTIONS 1,741 4,138 - 0%6,760 6,760 Sustainability TRAVEL\FOOD - - 1,000 0%500 1,500 Sustainability OFFICE EXPENSE - 55 1,500 4% 1,500 Sustainability TELEPHONE 157 130 - 0% - Sustain PROF/TECH. SERVICE 29,167 - - 0% - Sustainability EDUCATION - - 1,000 0%1,100 2,100 Sustainability PROJECTS - 4,717 6,500 73%1,000 7,500 Sustainability GRANT EXPENSES - - - 0%30,000 30,000 Total Sustainability 62,423 53,211 116,421 46% 159,281 Transfers and contributions out TRANSFER TO DEBT SERVICE FUND 109,714 31,754 95,261 33% 95,261 TRANSFER TO CAPITAL PROJ. FUND 158,623 184,228 552,683 33%300,000 852,683 TRANSFER TO TRAILS FUND 220,000 10,000 30,000 33% 30,000 TRANSFER - RECREATION FUND 1,994,014 238,472 715,416 33% 715,416 TRANSFER TO GF ASSIGNED/RESTRI - - 319,541 0% 319,541 TRANSFER TO CAPITAL PROJECTS 524,676 - - 0% - TRANSFER TO COMM DEV FUND 78,605 - - 0% - TRANSFER TO TRANSIT AND PARKING - - 37,500 0% 37,500 TRANSFER TO FUND BALANCE - - - 0% - Total Transfers and contributions out 3,085,632 464,453 1,750,401 27% 2,050,401 Total Expenditures: 13,556,201 4,546,239 13,351,417 34% 14,001,777 Total Change In Net Position 1,934,403 3,326,580 - 0% 731,750 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 21 Class C Road Fund Change In Net Position Revenue: Taxes Class C TRANSPORTATION TAX 235,498 133,109 210,795 63% 210,795 Total Taxes 235,498 133,109 210,795 63% 210,795 Intergovernmental revenue Class C CLASS C ROAD FUND 243,747 136,246 250,000 54% 250,000 Total Intergovernmental revenue 243,747 136,246 250,000 54% 250,000 Interest Class C INTEREST INCOME - - 5,000 0% 5,000 Total Interest - - 5,000 0% 5,000 Contributions and transfers Class C TRANS. FROM EQUITY-B.O - - 486,634 0%7,200 493,834 Total Contributions and transfers - - 486,634 0% 493,834 Total Revenue: 479,245 269,354 952,429 28% 959,629 Expenditures: Public Works Streets Class C BLDG/GRDS SUPPLIES & M 74 - - 0% - Class C FUEL 12,817 5,610 19,500 29% 19,500 Class C SPECIAL DEPARTMENTAL S 14,449 1,291 27,000 5% 27,000 Class C ROADBASE - PATCHING 13,464 1,794 10,000 18% 10,000 Class C ASPHALT - 2,507 7,500 33% 7,500 Class C OVERLAY - - 400,000 0% 400,000 Class C CRACK SEALING - - 5,000 0% 5,000 Class C - SPECIAL PROJECTS 54,910 67,649 298,429 23%7,200 305,629 Class C Sidewalk/Ped Ramp Rep 841 - - 0% - Class C MACHINERY & EQUIPMENT 18,745 - 185,000 0% 185,000 TRANSFER TO FUND BALANCE - - - 0% - Total Streets 115,302 78,851 952,429 8% 959,629 Total Expenditures: 115,302 78,851 952,429 8% 959,629 Total Change In Net Position 363,943 190,503 - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 23 Recreation Fund Change In Net Position Revenue: Intergovernmental revenue GRAND COUNTY - RSSD 50,000 (50,000) 100,000 -50% 100,000 SCHOOL DISTRICT 15,000 - 15,000 0% 15,000 Total Intergovernmental revenue 65,000 (50,000) 115,000 -43% 115,000 Charges for services CASH OVER/SHORT 7 0 - 0% - SUMMER CAMP - - 4,800 0% 4,800 ADULT SOCCER - - 2,100 0% 2,100 VOLLEYBALL - ADULT COED - - 1,900 0% 1,900 VOLLEYBALL - YOUTH SPRING 2,637 - 3,675 0% 3,675 ADULT COED SOFTBALL - 203 3,400 6% 3,400 YOUTH/BASEBALL/SOFTBALL 11,852 80 20,332 0% 20,332 YOUTH FOOTBALL - 1,142 3,040 38% 3,040 SPRING YOUTH SOCCER 5,870 - 8,865 0% 8,865 FALL YOUTH SOCCER 2,300 5,090 4,890 104% 4,890 SOCCER CAMPS - - 250 0% 250 FOOT RACES 15 1,505 2,950 51% 2,950 INDOOR SOCCER - YOUTH - 333 2,450 14% 2,450 ADULT BASKETBALL - - 800 0% 800 JR JAZZ BASKETBALL - 4,690 5,400 87% 5,400 FLAG FOOTBALL 2,028 823 1,405 59% 1,405 FLAG FOOTBALL - ADULT - - - 0% - YOUTH VOLLEYBALL 1,059 1,390 1,960 71% 1,960 YOUTH SPONSOR/BASEBALL 3,500 250 12,800 2% 12,800 ULTIMATE FRISBEE - - 625 0% 625 Total Charges for services 29,267 15,507 81,642 19% 81,642 MRAC MRAC -PREPAID SERVICES 709 755 - 0% - MRAC - FITNESS ADMISSIONS 6,415 3,755 10,000 38% 10,000 MRAC - FITNESS MEMBERSHIPS 18,591 9,452 43,500 22% 43,500 MRAC - CITY EMPLOYEES - - 500 0% 500 MRAC - SILVER SNEAKERS MEMBERS 2,909 3,229 10,000 32% 10,000 MRAC - SWIM TEAM 3 420 - 0% - MRAC - SHOWERS 44,814 22,393 98,500 23% 98,500 MRAC - CASH OVER/SHORT 8 101 - 0% - MRAC - ADMISSIONS/AQUATIC 87,260 36,265 150,000 24% 150,000 MRAC - ADMISSIONS/AQUAT & FITN 3,954 281 12,000 2% 12,000 MRAC - RETAIL 12,846 5,380 12,000 45% 12,000 MRAC - CONCESSIONS 9,394 7,869 - 0% - MRAC - PROGRAM FEES/ AQUATIC 14,036 3,036 27,500 11% 27,500 MRAC - PROGRAM FEES/FITNESS 2,258 3,072 6,000 51% 6,000 MRAC - CHILD CARE FEES 5 - 1,000 0% 1,000 MRAC - MEMBERSHIPS/AQUATIC 30,987 9,312 32,000 29% 32,000 MRAC - MEMBERSHIPS/AQUAT & FIT 46,569 24,092 85,000 28% 85,000 MRAC - RENTAL FEES 3,863 1,000 8,500 12% 8,500 Total MRAC 284,620 130,412 496,500 26% 496,500 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Moab arts & recreation PROGRAM FEES 2,115 307 11,400 3% 11,400 GRANTS AND DONATIONS 92,853 15,350 18,500 83% 18,500 RENTAL FEES 37,741 16,961 45,000 38% 45,000 SPECIAL EVENTS FEES 4,033 7,915 7,900 100% 7,900 SPECIAL EVENTS FEES - RED ROCK (1,365) (13,139) 33,500 -39% 33,500 MARC - Retail/Concession - 2,995 - 0% - Total Moab arts & recreation 135,377 27,394 116,300 24% 116,300 Miscellaneous revenue CENTER STREET GYM RENTALS 6,935 1,425 - 0% - BALL FIELD RENTALS 475 - - 0% - OTHER INCOME 500 - - 0% - Total Miscellaneous revenue 7,910 1,425 - 0% - Contributions and transfers CITY OF MOAB 1,994,014 238,472 715,416 33% 715,416 Total Contributions and transfers 1,994,014 238,472 715,416 33% 715,416 Total Revenue: 2,516,188 363,210 1,524,858 24% 1,524,858 Expenditures: Parks, recreation, and public property Recreation Recreation SALARIES - DIRECTO 128,072 50,164 158,489 32% 158,489 Recreation EMPLOYEE BENEFITS 70,417 32,277 81,101 40% 81,101 Recreation OVERTIME 465 - 1,500 0% 1,500 Recreation UNEMPLOYMENT (191) - - 0% - Recreation SUBSCRIPTIONS & MEM 3,605 - 2,000 0% 2,000 Recreation ADVERTISING 1,722 3,301 3,000 110% 3,000 Recreation TRAVEL - 1,714 - 0% - Recreation OFFICE EXPENSE & SU 969 76 2,000 4% 2,000 Recreation - EQUIP SUPPLIES & 991 110 1,000 11% 1,000 Recreation - UTILITIES 196 260 - 0% - Recreation TELEPHONE 1,277 312 2,400 13% 2,400 Recreation MONTHLY FUEL - GASC - - 350 0% 350 Recreation PROFESSIONAL & TECH 2,489 2,587 3,500 74% 3,500 Recreation EDUCATION 315 850 2,350 36% 2,350 Recreation OTHER 97 - 200 0% 200 Recreation DIRECTOR - TRAVEL - - - 0% - Recreation SPECIAL DEPARTMENTA 301 - 6,500 0% 6,500 Recreation EASTER EGG HUNT 1,146 20 2,500 1% 2,500 Recreation TURKEY TROT 1,432 1,081 - 0% - Recreation TRANSFER TO FUND BA - - - 0% - Total Recreation 213,303 92,752 266,890 35% 266,890 Swimming Pool MRAC MAINTENANCE SALARIES 40,538 7,927 43,265 18% 43,265 MRAC LIFEGUARD SALARIES 102,886 69,354 243,556 28% 243,556 MRAC SALARIES & WAGES 196,939 127,634 238,422 54% 238,422 MRAC AQUATIC PROGRAM SALARIES - - 29,013 0% 29,013 MRAC FITNESS PROGRAM SALARIES 6,295 6,010 18,324 33% 18,324 MRAC EMPLOYEE BENEFITS 104,077 51,430 116,582 44% 116,582 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget MRAC OVERTIME 648 1,651 500 330% 500 MRAC UNEMPLOYMENT 20,801 (1) - 0% - MRAC SUBSCRIPTIONS & MEMBERSHI 324 - - 0% - MRAC ADVERTISING 3,153 20 7,000 0% 7,000 MRAC TRAVEL - 265 - 0% - MRAC OFFICE EXPENSE & SUPPLIES 4,067 1,418 4,000 35% 4,000 MRAC EQUIPMENT-SUPPL. & MAINTE 6,263 3,167 12,000 26% 12,000 MRAC BLDG/GRDS-SUPPL. & MAINTE 19,773 9,231 22,000 42% 22,000 MRAC UTILITIES 100,217 39,087 92,276 42% 92,276 MRAC TELEPHONE 7,136 2,752 5,106 54% 5,106 MRAC RENT OF PROPERTY OR EQUIP - - - 0% - MRAC PROFESSIONAL & TECH. SERV 2,310 4,739 8,100 59%15,000 23,100 MRAC EDUCATION 1,614 850 3,000 28% 3,000 MRAC INSTRUCTIONAL MATERIALS/S 302 - 1,500 0% 1,500 MRAC OTHER 114 9 900 1% 900 MRAC SPECIAL DEPARTMENTAL SUPP 49,671 10,903 30,000 36% 30,000 MRAC CONCESSIONS 5,438 3,183 - 0% - MRAC SUNDRY EXPENSES-MISCELLAN 10,954 1,588 4,500 35% 4,500 MRAC AQUATIC PROGRAMS - - 1,800 0% 1,800 MRAC SPECIAL EVENTS 93 196 - 0% - Total Swimming Pool 683,521 341,217 881,844 39% 896,844 Soccer Soccer YOUTH SOCCER 3,634 - 4,020 0% 4,020 Soccer FALL SOCCER 1,058 1,073 1,200 89% 1,200 Soccer ADULT SOCCER - - 700 0% 700 Soccer INDOOR - YOUTH SOCCER - - 1,095 0% 1,095 Soccer WAGES SOCCER - - 1,600 0% 1,600 Soccer SOCCER REFEREE - WAGES - - 255 0% 255 Total Soccer 4,691 1,073 8,870 12% 8,870 SUMMER CAMP Summer Camp WAGES 2,064 5,991 - 0% - Summer Camp BENEFITS 189 557 - 0% - Total Youth Volleyball 2,253 6,548 - 0% - Adult Softball COED SOFTBALL - - 1,100 0% 1,100 Total Adult Softball - - 1,100 0% 1,100 Adult Volleyball CO-ED VOLLEYBALL 339 - 400 0% 400 Total Adult Volleyball 339 - 400 0% 400 Basketball ADULT BASKETBALL - - 400 0% 400 JR JAZZ BASKETBALL - 723 2,200 33% 2,200 JR. JAZZ REFEREE SERVICES - - 3,040 0% 3,040 MS BASKETBALL REFEREES - - - 0% - REFEREE SALARIES & WAGES - 289 - 0% - Basketball EMPLOYEE BENEFITS - 28 407 7% 407 Total Basketball - 1,040 6,047 17% 6,047 Youth Volleyball FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget YOUTH VOLLEYBALL 990 174 1,065 16% 1,065 YOUTH SPRING VOLLEYBALL 1,445 - 2,300 0% 2,300 Total Youth Volleyball 2,436 174 3,365 5% 3,365 Youth Baseball/Softball Youth BB/SB WAGES- MAINTENANCE 6,869 2,181 3,000 73% 3,000 Youth BB/SB WAGES- UMP&SCORE 2,137 1,493 5,880 25% 5,880 Youth BB/SB EMPLOYEE BENEFITS 833 359 901 40% 901 Youth BB/SB STATE TOURN. EXP - - 2,000 0% 2,000 Youth BB/SB EQUIPMENT-SUPPLIES 1,616 - 350 0% 350 Youth BB/SB BASEBALL FIELD MAI 256 948 1,300 73% 1,300 FIELD MAINTENANCE EQUIPMENT 146 - - 0% - YOUTH BASEBALL/SOFTBALL 16,699 2,300 15,850 15% 15,850 UTAH GIRLS SOFTBALL ASSOC - - 400 0% 400 UTAH BOYS BASEBALL ASSOCIATION - - 400 0% 400 PICKLEBALL 155 (10) 200 -5% 200 Total Youth Baseball/Softball 28,712 7,271 30,281 24% 30,281 Youth Football Youth Football BENEFITS - - 83 0% 83 YOUTH FOOTBALL 2,901 8,741 6,170 142% 6,170 FLAG FOOTBALL 993 1,557 1,600 97% 1,600 FLAG FOOTBALL - ADULT - - 100 0% 100 YOUTH FOOTBALL REFEREES - - 920 0% 920 Total Youth Football 3,894 10,298 8,873 116% 8,873 Special Projects SPECIAL PROJECTS/EQUIPMENT - - - 0% - Total Special Projects - - - 0% - Moab Arts & Recreation Center MARC SALARIES & WAGES 136,305 67,478 156,312 43% 156,312 MARC EMPLOYEE BENEFITS 81,393 31,571 87,565 36% 87,565 MARC SALARIES & WAGES - INSTRU 807 2,100 5,000 42% 5,000 MARC SALARIES & WAGES OT 1,439 320 2,000 16% 2,000 MARC UNEMPLOYMENT (718) - - 0% - MARC SUBSCRIPTIONS & MEMBERSHI 1,243 227 1,966 12% 1,966 MARC ADVERTISING/MARKETING 1,508 39 3,000 1% 3,000 MARC TRAVEL - 25 250 10% 250 MARC OFFICE EXPENSE & SUPPLIES 2,580 1,257 3,900 32% 3,900 MARC EQUIP/SUPPLIES & MAINTENA 1,232 61 2,000 3% 2,000 MARC BLDG GROUNDS SUPPL & MAIN 622 - - 0% - MARC UTILITIES 4,528 2,881 7,500 38% 7,500 MARC TELEPHONE 3,535 1,149 5,395 21% 5,395 MARC PROFESSIONAL/TECHNICAL SE - - 1,000 0% 1,000 MARC EDUCATION - - - 0% - MARC OTHER 58 (635) 100 -635% 100 ONLINE PAYMENT PROCESSING FEES 574 - - 0% - MARC SPECIAL DEPARTMENTAL SUPP 3,045 - 6,000 0% 6,000 MARC MACHINERY & EQUIPMENT - - - 0% - MARC SPECIAL EVENTS 17,976 5,711 35,000 16% 35,000 MARC- RED ROCK ARTS FEST 3,335 1,869 - 0% - MARC SPECIAL PROJECTS 4,980 7,122 200 3561% 200 Total Moab Arts & Recreation Center 264,443 121,174 317,188 38% 317,188 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Total Expenditures: 1,201,338 574,999 1,524,858 38% 1,539,858 Total Change In Net Position 1,314,850 (211,789) - 0% (15,000) FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 24 Community Development Change In Net Position Revenue: Contributions and transfers CONTRIBUTION FROM GENERAL FUND 78,605 - - 0% - CDGB 74,000 - - 0% - Total Contributions and transfers 152,605 - - 0% - Total Revenue: 152,605 - - 0% - Expenditures: Community Development Community development CDBG PROJECT 98,951 - - 0% - Total Community development Total Expenditures: - - - 0% - Total Change In Net Position 152,605 - - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 28 Trails Fund Change In Net Position Revenue: Contributions and transfers CONTRIBUTION FROM GENERAL FUND 220,000 10,000 30,000 33% 30,000 Total Contributions and transfers 220,000 10,000 30,000 33% 30,000 Total Revenue: 220,000 10,000 30,000 33% 30,000 Expenditures: Millcreek Projects Millcreek PROFESSIONAL/TECHNICAL - - 30,000 0% 30,000 TRAILS - - - 0% - INCREASE IN FUND BALANCE - - - 0% - Total Millcreek - - 30,000 0% 30,000 Total Expenditures: - - 30,000 0% 30,000 Total Change In Net Position 220,000 10,000 - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 30 Housing Fund Change In Net Position Revenue: Charges for services Rent/Lease Income 116,877 36,565 98,000 37% 98,000 Total Charges for services 116,877 36,565 98,000 37% 98,000 Interest INTEREST INCOME 13,531 9,142 20,000 46% 20,000 Total Interest 13,531 9,142 20,000 46% 20,000 Miscellaneous revenue Proceeds from Long Term Debt 6,455,000 - - 0% - Transfer from Housing Fund Beg - - 6,989,909 0% 6,989,909 Transfer From General Fund - - - 0% - Total Miscellaneous revenue 6,455,000 - 6,989,909 0% 6,989,909 Total Revenue: 6,585,408 45,707 7,107,909 1% 7,107,909 Expenditures: General government Administrative Salaries and Wages 27,689 229 44,815 1% 44,815 Benefits 16,734 9 44,884 0% 44,884 OVERTIME - - 5,000 0% 5,000 Development Costs 145,874 914 6,400,000 0% 6,400,000 Operation & Maintenance Costs 35,363 20,840 35,000 60% 35,000 O&M UTILITIES 44,731 12,570 40,000 31% 40,000 Transfer to Debt Service Fund 133,608 - 538,210 0% 538,210 Total Administrative 403,999 34,564 7,107,909 0% 7,107,909 Total Expenditures: 403,999 34,564 7,107,909 0% 7,107,909 Total Change In Net Position 6,181,409 11,143 - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 31 Debt Service Fund Change In Net Position Revenue: Intergovernmental revenue Contribution from GC Rec Distr 50,000 - 190,000 0% 190,000 Contribution from Grand County 8,819 - 23,367 0% 23,367 Total Intergovernmental revenue 58,819 - 213,367 0% 213,367 Charges for services Lease Revenue 59,042 - 40,231 0% 40,231 Total Charges for services 59,042 - 40,231 0% 40,231 Contributions and transfers Transfer from general fund 109,714 31,754 95,261 33% 95,261 Transfer from housing fund 133,608 - 538,210 0% 538,210 Total Contributions and transfers 243,322 31,754 633,471 5% 633,471 Total Revenue: 361,183 31,754 887,069 4% 887,069 Expenditures: Community Development Community development 2018 CIB Bond - Principal 29,000 30,000 30,000 100% 30,000 2018 CIB Bond - Interest 17,475 16,750 16,734 100% 16,734 2019 Walnut Lane Lease - Princ 62,000 65,000 65,000 100% 65,000 2019 Walnut Lane Lease - Inter 71,608 68,967 63,967 108% 63,967 2021 WALNUT LANE BOND PRINCIPA - - 262,000 0% 262,000 2021 WALNUT LANE BOND INTEREST - 72,193 147,243 49% 147,243 Total Community development 180,083 252,910 584,944 43% 584,944 Municipal Building Authority Municipal Building 2003 Sales Tax Rev - Principal 87,000 89,000 89,000 100% 89,000 2003 Sales Tax Rev - Interest 24,300 22,125 22,125 100% 22,125 2009 Sales Tax Rev - Principal 191,000 191,000 191,000 100% 191,000 Total Municipal Building 302,300 302,125 302,125 100% 302,125 Total Expenditures: 482,383 555,035 887,069 63% 887,069 Total Change In Net Position (121,199) (523,281) - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 41 Capital Projects Fund Change In Net Position Revenue: Interest INTEREST INCOME 2,378 362 2,000 18% 2,000 Total Interest 2,378 362 2,000 18% 2,000 Miscellaneous revenue GRANT PROCEEDS - 50,000 170,000 29%247,500 417,500 DONATIONS 330 75 - 0% - Total Miscellaneous revenue 330 50,075 170,000 29% 417,500 Contributions and transfers TRANSFER FROM GENERAL FUND 683,299 184,228 552,683 33%300,000 852,683 CAPITAL PROJECTS FUND BEG. BAL - - 50,000 0% 50,000 Total Contributions and transfers 683,299 184,228 602,683 31% 902,683 Total Revenue: 686,007 234,665 774,683 30% 1,322,183 Expenditures: General government Administrative VEHICLES 9,852 - 9,852 0% 9,852 IT - COMPUTER REPLACEMENT 4,867 3,632 - 0% - IT - OTHER EQUIPMENT 109,264 13,663 - 0% - Total Administrative 123,983 17,294 9,852 176% 9,852 Public safety Police POLICE EQUIPMENT - - 38,094 0% 38,094 POLICE VEHICLES 100,145 39,801 130,541 30% 130,541 Total Police 100,145 39,801 168,635 24% 168,635 Animal Shelter ANIMAL SHELTER EQUIPMENT - - 11,163 0% 11,163 Total Animal Shelter - - 11,163 0% 11,163 Public Works PARKING IMPROVEMENTS - DISPERS - - - 0% - 400 EAST ROAD IMPROVEMENTS - - - 0% - 500 WEST/KANE CREEK IMPROVE - - - 0% - VEHICLES - - - 0% - Flood Damage Repair - - - 0%330,000 330,000 Total Public Works - - - 0% 330,000 Parks, recreation, and public property Recreation CENTER STREET GYM MECHANICAL - - - 0% - DARK SKY CAPITAL IMPROVEMENT - - 100,000 0% 100,000 TRAIL & BRIDGE IMPROVEMENTS - - - 0%300,000 300,000 ART IN PUBLIC PLACES 1%21,772 2,530 37,000 7% 37,000 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget PARK IMPROVEMENTS 48,624 - - 0% - PARKS EQUIPMENT & VEHICLES - - - 0% - Total Recreation 70,396 2,530 137,000 2% 437,000 Swimming Pool AQUATIC CENTER IMPROVEMENTS - - - 0% - AQUATIC CENTER SET ASIDE - - - 0% - AQUATIC CENTER EQUIPMENT REPLA - - - 0% - Total Swimming Pool - - - 0% - Moab Arts & Recreation Center MARC BUILDING IMPROVEMENTS 68,381 12,903 50,000 26% 50,000 Total Moab Arts & Recreation Center 68,381 12,903 50,000 26% 50,000 Municipal Building BLDG IMPROVEMENTS - - - 0% - Total Municipal Building - - - 0% - Transfers and Contributions USU SETASIDE 286,676 - - 0% - TRANSFER TO CP FUND BALANCE - - 353,033 0% 353,033 Total Transfers and Contributions 286,676 - 353,033 0% 353,033 Total Expenditures: 649,581 72,528 729,683 10% 1,359,683 Total Change In Net Position 36,426 162,137 45,000 360% (37,500) FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 51 Water Fund Income or Expense Income From Operations: Operating income Water Operating Income WATER PENALTIES 20,462 8,429 11,000 77% 11,000 Water SUNDRY REVENUES 39,006 109 40,000 0% 40,000 Water GOVERNMENT SHOP WATER 21,203 - 20,000 0% 20,000 Water TAXABLE SHOP WATER 76,510 777 60,000 1% 60,000 WATER SALES 1,686,524 572,098 1,703,461 34% 1,703,461 TAX ON SHOP WATER SALES (5,453) 511 - 0% - WATER CONNECTION 69,942 23,179 65,000 36% 65,000 WATER TERMINATION 49 - - 0% - Total Water Operating Income 1,908,243 605,102 1,899,461 32% 1,899,461 Non-Operating Items: Water Non-operating income INTEREST INCOME 7,380 8,825 10,000 88% 10,000 WATER IMPACT FEES 164,987 55,167 70,000 79% 70,000 Total Water Non-operating income 172,367 63,992 80,000 80% 80,000 Total Income 2,080,610 669,094 1,979,461 34% 1,979,461 Operating expense Water Operating expense Water GENERAL FUND O/H 391,747 162,152 486,457 33% 486,457 Water SALARIES & WAGES 215,285 76,925 243,395 32% 243,395 Water EMPLOYEE BENEFITS 176,478 65,235 155,533 42% 155,533 Water OVERTIME 5,083 1,594 5,000 32% 5,000 Water SUBSCRIPTIONS & MEMBERSH 2,052 560 4,948 11% 4,948 Water TRAVEL 1,657 152 3,000 5% 3,000 Water OFFICE EXPENSE & SUPPLIE 59 229 - 0% - Water EQUIPMENT-SUPPL. & MAINT 5,154 876 22,500 4% 22,500 Water BUILDING SUPPL. & MAINTE 5,008 - 5,000 0% 5,000 Water UTILITIES 73,067 33,135 55,500 60% 55,500 Water TELEPHONE 3,421 1,036 3,125 33% 3,125 Water RENT OF PROPERTY & EQUIP 2,107 - 8,500 0% 8,500 Water MONTHLY FUEL - GASCARD 11,383 4,736 12,600 38% 12,600 Water PROFESSIONAL & TECH. SER 42,605 9,749 31,500 31% 31,500 Water WATER/EDUCATION 2,005 70 5,000 1% 5,000 Water OTHER 1,974 149 4,000 4% 4,000 Water SPECIAL DEPARTMENTAL SUP 53,351 13,105 60,600 22% 60,600 Water INSURANCE 1,560 1,560 1,600 98% 1,600 Water Sustainability - - - 0% - Water DEPRECIATION 180,666 - 205,750 0% 205,750 Total Water Operating expense 1,174,663 371,264 1,314,008 28% 1,314,008 Water Non-operating expense Water INTEREST ON BONDS/DEBT S 174,953 77,747 13,205 589%161,047 174,252 Total Water Non-operating expense 174,953 77,747 13,205 589% 174,252 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Total Expense 1,349,616 449,010 1,327,213 34% 1,488,260 Net Income 730,994 220,084 652,248 34% 491,201 Water Fund Capital Budget Capital Expenses Land - 0% - Water shares - 0% - Water - Public Works Building 25,000 0% 25,000 Water System Upgrades 1,571,000 0% 1,571,000 Well 12 Construction 2,265,000 0% 2,265,000 2 Million Gallon Water Storage Tank 1,163,470 0% 1,163,470 Mill Creek Drive Waterline Improvements 1,971,530 0% 1,971,530 Meters 140,000 0% 140,000 Fire Hydrants - 0% - Manhole Replacement Project - 0% - Equipment - general - 0% - Equipment - water 162,000 0% 162,000 Office furniture and equipment - 0% - Autos and trucks - 0% - Total Purchases 7,298,000 0% 7,298,000 Debt Service 2018 Water Revenue Bond Repaid 47,942 47,942 25,061 191% 25,061 2021 Water Revenue Bond Repaid - - 283,000 0% 283,000 Total Debt Service 47,942 47,942 308,061 16% 308,061 Total Capital Budget 47,942 47,942 7,606,061 1% 7,606,061 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 52 Sewer Fund Income or Expense Income From Operations: Operating income Sewer Operating Income Sewer SEPTAGE PROCESSING FEES 138,425 76,080 100,000 76% 100,000 SEWER EXISTING FACILITY FEE 72,547 23,733 80,000 30% 80,000 SEWER STUDIES FEE 3,827 1,152 6,000 19% 6,000 SEWER SERVICES CHARGES 1,527,248 432,682 1,489,670 29% 1,489,670 Sewer SPECIAL SERVICES BY CITY - - 2,000 0% 2,000 Sewer GREASE TRAP SERVICES/FIN - 2,611 - 0% - Sewer SPANISH VALLEY SEWER 299,790 175,315 434,317 40% 434,317 Sewer SJSPSSD SEWER 14,522 8,600 10,000 86% 10,000 SEWER CONNECTION 5,999 2,040 10,000 20% 10,000 Total Sewer Operating Income 2,062,357 722,212 2,131,987 34% 2,131,987 Non-Operating Items: Sewer Non-operating income Sewer INTEREST INCOME 4,550 1,373 50,000 3% 50,000 SJSPSSD SEWER IMPACT FEES 57,624 2,760 50,000 6% 50,000 SEWER WRF RETAINAGE 137 - - 0% - GWSSA SEWER IMPACT FEES - OFFS - 31,353 - 0% - GWSSA SEWER IMPACT FEES 137,052 36,535 50,000 73% 50,000 SEWER IMPACT FEE INTEREST 5,662 3,390 18,000 19% 18,000 SEWER IMPACT FEES 128,694 41,796 50,000 84% 50,000 SEWER IMPACT FEE FINANCE INTER 6,907 - 6,000 0% 6,000 SVWSID CAPITAL ANNUAL CONTRIBU 102,207 102,207 - 0% - Total Sewer Non-operating income 442,833 219,415 224,000 98% 224,000 Total Income 2,505,190 941,627 2,355,987 40% 2,355,987 Operating expense Sewer Operating expense WRF Sewer GENERAL FUND O/H 378,837 157,671 473,013 33% 473,013 Sewer WRF SALARIES & WAGES 190,575 74,861 184,982 40% 184,982 Sewer WRF EMPLOYEE BENEFITS 114,898 46,040 143,820 32% 143,820 Sewer WRF OVERTIME 7,736 2,140 9,000 24% 9,000 Sewer WRF SUBSCRIPTIONS & MEMB 3,433 1,435 5,874 24% 5,874 Sewer WRF TRAVEL - 30 2,000 2% 2,000 Sewer WRF OFFICE EXPENSE & SUP 486 133 1,000 13% 1,000 Sewer WRF EQUIPMENT SUPPL. & M 22,357 66,347 30,000 221% 30,000 Sewer WRF BUILDING SUPPL. & MA 1,615 706 1,600 44% 1,600 Sewer WRF UTILITIES 159,531 74,119 160,000 46% 160,000 Sewer WRF TELEPHONE 5,099 1,984 5,000 40% 5,000 Sewer WRF RENT OF PROPERTY & E - - 2,000 0% 2,000 Sewer WRF MONTHLY FUEL - GAS C 2,578 295 3,500 8% 3,500 Sewer WRF PROFESSIONAL & TECH.159,668 73,905 157,000 47% 157,000 Sewer WRF EDUCATION 4,550 509 3,000 17% 3,000 Sewer WRF SHIPPING\FREIGHT 19,234 10,935 8,000 137% 8,000 Sewer WRF SPECIAL DEPARTMENTAL 102,083 68,463 81,700 84% 81,700 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget Sewer DEPRECIATION 167,256 - 220,000 0% 220,000 Total WRF 1,339,936 579,572 1,491,489 39% 1,491,489 Sewer Collection System Sewer COLLECTION SALARIES & WA 85,686 45,536 107,528 42% 107,528 Sewer COLLECTION EMPLOYEE BENE 46,501 24,714 72,707 34% 72,707 Sewer COLLECTION OVERTIME 6,636 2,236 8,000 28% 8,000 Sewer COLLECTION SUBSCRIP & M - 184 4,752 4% 4,752 Sewer COLLECTION TRAVEL - 60 4,500 1% 4,500 Sewer COLLECTION OFFICE EXP & 23 - 900 0% 900 Sewer COLLECTION EQUIP SUPPLIE 16,593 4,493 28,000 16% 28,000 Sewer BLDG/GRDS SUPPLIES&MAINT 138 - 500 0% 500 Sewer COLLECTION UTILITIES 2,670 1,176 2,000 59% 2,000 Sewer COLLECTION TELEPHONE 1,087 359 3,000 12% 3,000 Sewer COLLECTION RENTALS - 646 6,000 11% 6,000 Sewer COLLECTION MONTHLY FUEL 4,378 2,361 5,000 47% 5,000 Sewer COLLECTION PROFESSIONAL 57,389 21,860 37,250 59%300,000 337,250 Sewer COLLECTION EDUCATION 1,675 840 5,850 14% 5,850 Sewer COLLECTION OTHER 910 261 5,450 5% 5,450 Sewer COLLECTION SPEC DEPT SUP 30,814 7,083 44,000 16% 44,000 Total Sewer Collection System 254,499 111,810 335,437 33% 635,437 Sewer Non-operating expense Sewer INTEREST ON SEWER BONDS 287,636 185,419 208,114 89% 208,114 Total Sewer Non-operating expense 287,636 185,419 208,114 89% 208,114 Total Expense 1,882,071 876,801 2,035,040 43% 2,335,040 Net Income 623,119 64,826 320,947 20% 320,947 Sewer Fund Capital Budget Capital Expenses Sewage treatment facilities - 0% - Sewer lines - 0% - Manhole Replacement Project - 0% - Equipment - general - 0% - Equipment - sewer - 0% - Office furniture and equipment - 0% - Autos and trucks - 0% - Total Purchases - - - 0% - Debt Service 2017 Water Reclamation Facility 1,278,000 1,928,000 650,000 297% 650,000 2018 Sewer Bond 216,058 354,058 112,939 313% 112,939 Total Debt Service 1,494,058 2,282,058 762,939 299% 762,939 Total Capital Budget 1,494,058 2,282,058 762,939 299% 762,939 FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 53 Storm Water Utility fund Income or Expense Income From Operations: Operating income Water Operating Income STORM WATER DRAINAGE FEE 344,833 86,344 285,190 30% 285,190 Total Water Operating Income 344,833 86,344 285,190 30% 285,190 Total Income 344,833 86,344 285,190 30% 285,190 Operating expense Water Operating expense Storm wtr GENERAL FUND O/H 84,186 35,038 105,114 33% 105,114 Storm wtr FUEL 3,451 1,502 19,260 8% 19,260 Storm wtr PROFESSIONAL & TECH.2,500 17,671 - 0%25,000 25,000 Storm wtr SPECIAL DEPARTMENTAL - 3,396 - 0% - Storm wtr DEPRECIATION 6,917 - - 0% - Storm wtr SPECIAL PROJECTS 591 240 - 0% - Total Water Operating expense 97,645 57,848 124,374 47% 149,374 Total Expense 97,645 57,848 124,374 47% 124,374 Net Income 247,188 28,496 160,816 18% 160,816 Storm Water Fund Capital Budget Capital Expenses Equipment - General - 0% - Total Purchases - - - 0% - Debt Service Total Debt Service - - - 0% - Total Capital Budget - - - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 55 Transit and Parking Fund Change In Net Position Revenue: Charges for Services Transit Fares - - - 0% - Total Charges for Services - - - 0% - Contributions and transfers UDOT Hotspot - - 500,000 0% 500,000 Grand County Contribution - - 250,000 0% 250,000 General Fund Contribution - - 37,500 0% 37,500 Federal Contribution (FTA)- - - 0% - Transfer from Transit Fund Beg Balance - - - 0% - Total Contributions and transfers - - 787,500 0% 787,500 Total Revenue: - - 787,500 0% 787,500 Expenditures: General Expenditures Operator Contract - - 250,000 0% 250,000 Administrative Overhead - - 45,000 0% 45,000 Marketing and Branding - 3,500 17,500 20% 17,500 Transfer to PT Fund Balance - - 475,000 0% 475,000 Total General Expenditures - 3,500 787,500 0% 787,500 Total Expenditures: - 3,500 787,500 0% 787,500 Total Change In Net Position - (3,500) - 0% - FY22 Budget Amendment Proposal 12.14.2021 MOAB CITY CORPORATION 42% of the Fiscal Year has expired Fiscal Year 2021-2022 Budget FY21 Actual FY22 YTD Actual FY22 Adopted Budget % Budget Amendment Increase Proposed Budget 61 Health Insurance Fund Change In Net Position Revenue: Charges for services Health Reimb Arrgmt Premiums 549,338 206,407 675,547 31% 675,547 Dental Premiums 42,843 7,045 50,000 14% 50,000 Health Savings Account Premium 3,678 1,275 120,000 1% 120,000 Medical Insurance Premiums 904,955 269,191 1,296,000 21% 1,296,000 Life Insurance Premiums 7,945 5,832 14,000 42% 14,000 Vision Insurance Premiums 16,214 - 14,500 0% 14,500 Employee Health Savings Accoun 7,513 138 240,000 0% 240,000 Employee Supplemental Insuranc - - 24,000 0% 24,000 Employee Life Insurance Premiu - - 11,500 0% 11,500 Short Term Disability Premiums (1,108) (3,056) 16,800 -18% 16,800 Total Charges for services 1,531,377 486,833 2,462,347 20% 2,462,347 Total Revenue: 1,531,377 486,833 2,462,347 20% 2,462,347 Expenditures: General government Administrative Third party administrator 1,078 575 - 0% - Health Reimbursement Arrangeme 383,546 73,626 574,215 13% 574,215 Dental Expenses 33,735 11,354 45,000 25% 45,000 Health Savings Account Funding (581) - 120,000 0% 120,000 Medical Insurance premiums 907,818 302,659 1,296,000 23% 1,296,000 Vision Insurance premiums 9,540 - 14,500 0% 14,500 Life Insurance premiums (584) 4,737 14,000 34% 14,000 Assistance Program (EAP)3,003 1,645 3,720 44% 3,720 TeleMedicine 4,529 2,438 5,508 44% 5,508 Wellness Program 23,544 5,865 12,000 49% 12,000 Employee Health Savings Accoun (1,834) - 240,000 0% 240,000 Employee Supplemental Insuranc 22,278 - 24,000 0% 24,000 Employee Life Insurance premiu 13,351 - 11,500 0% 11,500 Short Term Disability - 1,113 16,800 7% 16,800 Transfer to Fund Balance - - 85,104 0% 85,104 Total Administrative 1,399,423 404,011 2,462,347 16% 2,462,347 Total Expenditures: 1,399,423 404,011 2,462,347 16% 2,462,347 Total Change In Net Position 131,955 82,823 - 0% - Moab City Council Agenda Item Meeting Date: December 14, 2021 Title: Award Community Vision and Strategic Action Plan Contract Date Submitted: December 8, 2021 Staff Presenter: Carly Castle, Acting City Manager Attachment(s): o Scoring Matrix 9.16.2021 o Scoring Matrix 11.01.2021 o Future iQ Contract for Services o Exhibit A—Scope of Services o Exhibit B—Schedule of Performance o Exhibit C—Schedule of Compensation Options: Discussion and possible action Recommended Motion: I move to award the Community Vision and Strategic Action Plan contract to Future iQ, at an amount not to exceed $80,000. Background/Summary: The City issued an RFP for the Community Vision and Strategic Action plan work in the summer of 2021. Nine consultants submitted proposals, and a selection committee identified four consultants to interview. After two rounds of rating and ranking the consultants, the selection committee ultimately identified Future iQ as the most responsive firm. All nine proposals have been made available to the Council for review on the City’s Google Drive. En v i s i o n U t a h Lo g a n S i m p s o n Av e n u e Co n s u l t a n t s Fu t u r e I Q Be t t e r C i t y Op p o r t u n i t y Ri s i n g Be r r y D u n n Un i o n C r e a t i v e Cl a r i o n 379.0 373.3 307.7 373.9 267.8 301.6 306.3 279.8 366.4 1st 3rd 5th 2nd 9th 7th 6th 8th 4th Letter of Interest:5%909090909090909090 Business agency and history, including qualifications: 15% 90 90 45 85 30 75 65 50 70 Employee experience and qualifications 15% 85 90 70 85 60 70 70 30 75 Samples of work: 15% 90 85 50 85 55 70 65 30 75 Proposed approach: 30% 90 90 50 75 20 50 55 50 70 References: 10% 90 85 45 70 50 55 40 45 80 Ability to meet schedule: 5% 90 90 90 90 90 90 90 80 90 Fee: 5% 83.0 82.5 51.5 75.0 40.0 60.0 57.7 42.6 69.2 1st 2nd 7th 3rd 9th 5th 6th 8th 4th Letter of Interest:5%909090909090909090 Business agency and history, including qualifications: 15% 90 92 85 95 80 80 90 88 85 Employee experience and qualifications 15% 85 85 85 90 85 85 85 85 85 Samples of work: 15% 80 85 85 93 90 85 90 83 80 Proposed approach: 30% 85 90 80 95 80 80 95 85 80 References: 10% 90 90 90 90 90 90 90 90 90 Ability to meet schedule: 5% 90 90 85 90 85 83 85 90 90 Fee: 5% 80.0 82.5 78.2 86.4 78.2 77.3 84.2 80.1 77.7 5th 3rd 6th 1st 6th 9th 2nd 4th 8th Letter of Interest:5%755050503525505050 Business agency and history, including qualifications: 15% 50 50 30 30 30 25 25 30 50 Employee experience and qualifications 15% 50 50 75 40 25 25 20 35 50 Samples of work: 15% 50 50 25 40 30 25 25 25 75 Proposed approach: 30% 75 60 50 50 50 25 25 30 75 References: 10% 50 50 50 50 50 25 25 30 75 Ability to meet schedule: 5% 75 70 75 50 35 40 50 45 75 Fee: 5% 56.0 50.7 45.0 40.5 35.6 24.2 24.5 29.2 61.8 2nd 3rd 4th 5th 6th 9th 8th 7th 1st Letter of Interest: 5% 40 100 80 80 50 80 60 90 50 Business agency and history, including qualifications: 15% 70 90 40 90 30 70 60 50 80 Employee experience and qualifications 15% 70 90 70 80 50 70 70 30 80 Samples of work: 15% 70 70 60 80 50 70 60 30 70 Proposed approach: 30% 80 70 50 90 30 50 50 50 70 References: 10% 90 70 40 90 50 60 40 40 80 Ability to meet schedule: 5% 100 100 100 100 100 100 100 80 100 Fee: 5% 71.3 73.5 52.1 81.1 40.5 60.1 54.7 42.1 70.5 3rd 2nd 7th 1st 9th 5th 6th 8th 4th Letter of Interest: 5% 80 100 100 100 84 100 95 92 95 Business agency and history, including qualifications: 15% 95 89 85 97 83 80 85 85 88 Employee experience and qualifications 15% 93 91 80 95 70 80 88 86 87 Samples of work: 15% 100 87 85 100 80 90 90 92 95 Proposed approach: 30% 95 87 85 97 70 83 93 95 96 References: 10% 95 100 100 100 100 100 100 100 100 Ability to meet schedule: 5% 100 100 100 100 100 95 100 100 100 Fee: 5% 88.8 84.2 81.0 90.9 73.6 80.1 85.3 85.8 87.2 2nd 6th 7th 1st 9th 8th 5th 4th 3rd 9/16/2021 Weighted Total Ranking Weighted Total Ranking Weighted Total Ranking NS KJ RD CW Community Vision RFP Rankings Re v i e w e r CC Ranking Total Score Weighted Total Ranking Weighted Total Ranking En v i s i o n U t a h Lo g a n S i m p s o n Fu t u r e I Q Cl a r i o n 382.5 398.6 409.2 370.9 3rd 2nd 1st 4th Letter of Interest: 5% 90 90 90 90 Business agency and history, including qualifications: 15% 85 95 85 85 Employee experience and qualifications 15% 85 90 90 85 Samples of work: 15% 80 95 85 85 Proposed approach: 30% 85 95 95 85 References: 10% 90 95 80 80 Ability to meet schedule: 5% 90 90 90 90 79.2 87.2 82.7 79.0 3rd 1st 2nd 4th Letter of Interest: 5% 100 100 100 100 Business agency and history, including qualifications: 15% 90 95 95 85 Employee experience and qualifications 15% 85 90 95 85 Samples of work: 15% 85 95 93 80 Proposed approach: 30% 85 90 95 85 References: 10% 100 100 100 100 Ability to meet schedule: 5% 90 90 90 90 88.9 93.4 95.4 87.4 3rd 2nd 1st 4th Letter of Interest: 5% 75 75 50 50 Business agency and history, including qualifications: 15% 50 50 75 50 Employee experience and qualifications 15% 50 50 60 40 Samples of work: 15% 50 75 40 50 Proposed approach: 30% 75 75 75 50 References: 10% 75 50 50 50 Ability to meet schedule: 5% 75 70 50 50 58.5 59.5 57.8 45.0 2nd 1st 3rd 4th Letter of Interest: 5% 40 100 80 50 Business agency and history, including qualifications: 15% 70 90 90 80 Employee experience and qualifications 15% 70 90 80 80 Samples of work: 15% 70 70 80 70 Proposed approach: 30% 80 70 90 70 References: 10% 90 70 90 80 Ability to meet schedule: 5% 100 100 100 100 71.3 73.5 81.1 70.5 3rd 2nd 1st 4th Letter of Interest: 5% 80 100 100 95 Business agency and history, including qualifications: 15% 95 89 99 93 Employee experience and qualifications 15% 93 91 98 92 Samples of work: 15% 100 87 100 95 Proposed approach: 30% 81 90 99 97 References: 10% 95 100 100 100 Ability to meet schedule: 5% 100 100 100 100 84.6 85.1 92.3 89.0 4th 3rd 1st 2nd 11/1/2021 Community Vision RFP Final Rankings Re v i e w e r Total Score Ranking CC Weighted Total Ranking CW Weighted Total Ranking RD Weighted Total Ranking NS Weighted Total Ranking KJ Weighted Total Ranking AGREEMENT FOR SERVICES by and between THE CITY OF MOAB, A MUNICIPAL CORPORATION and FUTURE iQ - 1 - THIS AGREEMENT FOR SERVICES (“Agreement”) is entered into this _____day of December, 2021 by and between the City of Moab, a municipal corporation, (“the City”) and Future iQ, Inc. (“the Contractor”). The City and the Contractor are sometimes individually referred to as a “Party” and collectively referred to as “the Parties.” WHEREAS A. The City has sought, by issuance of a request for proposal or invitation to bid, the performance of the services defined and described in Section 1 of this Agreement. B. The Contractor, following submission of a proposal or bid for the performance of the services defined and described in Section 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City’s Municipal Code Section 2.28.130, the Mayor has authority to execute this Agreement. D. The Parties desire to formalize the selection of the Contractor for performance of those services defined and described particularly in Section 1 of this Agreement and desire that the terms of that performance be as defined and described in this Agreement. THEREFORE NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained in this Agreement and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services In compliance with all the terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached to this Agreement as Exhibit A and incorporated by this reference. These services may be referred to as “services” or “work” in this Agreement. The Contractor acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than the Contractor anticipates and that the Contractor shall not be entitled to additional compensation should this occur. As a material inducement to the City entering into this Agreement, the Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner and is experienced in performing the work and services contemplated in this Agreement. The Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent perform all services described in this Agreement. The Contractor covenants that it shall follow the highest professional standards in performing the services required by this Agreement and that all materials will be of good quality and fit for the purpose - 2 - intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Contractor’s Proposal The services shall include the Contractor’s scope of work, proposal or bid, bid specifications, official design prints and specifications, change orders, approved written instructions, and written contract amendments and notice of award, if any, which shall be incorporated into this Agreement by this reference as though fully set forth in this Agreement. In the event of any inconsistency between any scope of work, proposal or bid and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law The Contractor shall keep itself informed concerning, and shall render all services provided in accordance with, all ordinances, resolutions, statutes, rules and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments The Contractor shall obtain at its sole cost and expense and will maintain such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. The Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from, or are necessary for, the Contractor’s performance of the services required by this Agreement. The Contractor shall indemnify, defend and hold harmless the City, its officers, employees or agents against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against the City. 1.5 Familiarity with Work By executing this Agreement, the Contractor warrants that it: 1.5.1. Has thoroughly investigated and has considered the scope of services to be performed; 1.5.2. Has carefully considered how the services should be performed; 1.5.3. Fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement; 1.5.4. Has, or will, investigate the site and is, or will be, fully acquainted with the existing conditions prior to commencement of any services if the services involve work upon any site; 1.5.5. Shall immediately inform the City should the Contractor discover any latent or unknown conditions which will materially affect the performance - 3 - of any services and shall not proceed except at Contractor’s risk until written instructions are received from an authorized representative of the City. 1.6 Care of Services The Contractor shall adopt reasonable methods during the life of this Agreement to furnish continuous protection of the services, work, and the equipment, materials, papers, documents, plans, studies and/or other components to prevent losses or damages. The Contractor shall be responsible for all damages to persons or property until acceptance of the services by the City, except such losses or damages as may be caused by the City’s own negligence. 1.7 Warranty The Contractor warrants that all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non- conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material or workmanship. The Contractor agrees that for a period of three (3) years (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work, faulty material or workmanship or non-conformance of the work with the Scope of Services, scope of work, proposal or bid, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at the Contractor’s sole cost and expense. The Contractor shall act sooner as requested by the City in response to an emergency. In addition, the Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective or faulty material or workmanship or non-conforming work and any work which becomes damaged in the course of repairing or replacing the defective or faulty material or workmanship or non-conforming work. For any work corrected, the Contractor's obligation to correct defective or faulty material or workmanship or non-conforming work shall be reinstated for an additional one-year period, commencing with the date of acceptance of the corrected work. The Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by the Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and the Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that the Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and - 4 - replace any defective or faulty material or workmanship or non-conforming work and any work damaged by any defective or faulty material or workmanship or non-conforming work at the Contractor’s sole expense. The Contractor shall be obligated to fully reimburse the City for any expenses incurred upon demand. 1.8 Further Responsibilities of Parties Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the services or work of the other. 1.9 Additional Services The City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services (Exhibit A) or make changes by altering, adding to, or deducting from Scope of Services (Exhibit A). No such extra services may be undertaken unless a written order is first given by the City Manager to the Contractor. These extra services may include an adjustment in (i) the Schedule of Compensation (Exhibit C), and/or (ii) Schedule of Performance (Exhibit B), (if applicable) and these adjustments are subject to the written approval of the Contractor. Any increases in the Schedule of Compensation (Exhibit C), taken either separately or cumulatively, must be approved by the City Manager if the total cost of the services does not exceed $50,000. If the total cost of the services will exceed $50,000, the extra services need to be approved by the Mayor. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated by it. 2. COMPENSATION AND METHOD OF PAYMENT 2.1. Agreement Sum Subject to any limitations set forth in this Agreement, the City agrees to pay the Contractor the amounts specified in the “Schedule of Compensation” attached as Exhibit C and incorporated in this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $80,000 (“Agreement Sum”), unless additional compensation is approved pursuant to Section 1.9. The Schedule of Compensation shall include the attendance of the Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the services with the City is a critical component of the services. If the Contractor is required to attend additional meetings to facilitate such coordination, the Contractor shall not be entitled to any additional compensation for attending these meetings. The Contractor acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, the Contractor agrees that if the Contractor becomes aware of any facts, circumstances, techniques or events that may or will materially increase or decrease the cost of the work or services contemplated in this - 5 - Agreement and specified in the Schedule of Compensation, the Contractor shall promptly notify the City Manager of this fact, circumstance, technique or event and the estimated increased or decreased cost and, if the Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. The Contractor understands that even if it notifies the City Manager of an increase, the City will not pay any additional funds to the Contractor for any increase unless the Parties fully execute a written amendment to this Agreement pursuant to Section 9.4. 2.2 Method of Compensation The method of compensation may include: 2.2.1. a lump sum payment upon completion; 2.2.2. payment in accordance with specified tasks or the percentage of completion of the services; 2.2.3. payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Agreement Sum; 2.2.4. such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the City Manager in advance, and only if specified in the Schedule of Compensation. 2.4 Invoices Each month, the Contractor shall furnish to the City an invoice for all services performed and expenses incurred during the preceding month in a form approved by City’s Finance Director and which includes copies of all receipts. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment and supplies. The City shall independently review each invoice submitted by the Contractor to determine whether the services performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for services performed or expenses incurred by the Contractor which are disputed by the City, or as provided in Section 7.3., the City will use its best efforts to cause the Contractor to be paid for an invoice within forty-five (45) days of receipt of the Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by the City, the City will notify the Contractor within thirty (30) days of receipt of the invoice and request that the Contractor correct and resubmit the invoice. - 6 - 2.5 Waiver Payment to the Contractor for services performed pursuant to this Agreement shall not be deemed to waive any defect in the work, faulty material or workmanship or non-conformance of the services performed by the Contractor. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance The Contractor shall commence the services pursuant to this Agreement upon full execution of this Agreement and shall perform all services within the time period(s) established in the Schedule of Performance attached as Exhibit B and incorporated in this Agreement by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the City Manager. 3.3 Force Majeure The time period(s) specified in the Schedule of Performance for performance of the services pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of any delay notify the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of any delay and extend the time for performing the services for the period of the delay when, and if, in the judgment of the City Manager such delay is justified. The City Manager’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Inspection and Final Acceptance The City may inspect and accept or reject any of the Contractor’s work under this Agreement, either during performance or when the terms of this contract are fully completed. The City shall reject or finally accept the Contractor’s work within forth five (45) days after the services being provided to the City are fully completed. The City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. The City’s acceptance shall - 7 - be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any work by the City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 5, pertaining to insurance, indemnification and bonds. 3.5 Term Unless terminated earlier in accordance with Section 7.8 of this Agreement, the term of this Agreement shall be for twelve (12) months, beginning on the date of full execution of this Agreement and extending through and concluding at 11:59 p.m. on the day before the anniversary date of this Agreement (“Term”). This Agreement shall automatically be extended for an additional year at the end of any Term unless either Party provides written notice of its desire not to renew this Agreement to the other Party prior to sixty (60) days of the expiration of any Term or extension. This Agreement shall continue to automatically renew indefinitely until terminated by either Party, except as otherwise provided in the Schedule of Performance (Exhibit B). 4. COORDINATION OF SERVICES 4.1 Representatives and Personnel of Contractor The following principals of the Contractor (“Principals”) are designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the services specified in this Agreement: David Beurle, CEO Future iQ PO Box 24687 Minneapolis, MN 55424 612-757-9190 david@futre-iq.com The Contractor expressly understands that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for the City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services pursuant to this Agreement. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of the City. Additionally, the Contractor shall make every reasonable effort to maintain the stability and continuity of the Contractor’s staff, if any, assigned to perform the services required under this Agreement. The Contractor shall notify the City of any changes in the Contractor’s staff assigned to perform the services required under this Agreement, prior to and during any such performance. - 8 - 4.2 Status of Contractor The Contractor shall have no authority to bind the City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against the City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by the City. The Contractor shall not at any time or in any manner represent that the Contractor or any of the Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of the City. Neither the Contractor, nor any of the Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to the City’s employees. The Contractor expressly waives any claim the Contractor may have to any such rights. 4.3 Contract Officer The Contract Officer shall be such person as may be designated by the City Manager of the City. Should the City Manager appoint a Contract Officer, it shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified in this Agreement, any required approval of the City shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required to carry out the terms of this Agreement. In the absence of a designated Contract Officer, the City Manager will serve the duties of the Contract Officer as specified above on behalf of the City. 4.4 Independent Contractor Neither the City nor any of its employees shall have any control over the manner, mode or means by which the Contractor, its agents or employees, perform the services required in this Agreement, except as otherwise set forth in this Agreement. The City shall have no voice in the selection, discharge, supervision or control of the Contractor’s employees, representatives or agents, or in fixing their number, compensation or hours of service. The Contractor shall perform all services required by this Agreement as an independent contractor of the City and shall remain at all times as to the City a wholly independent contractor with only such obligations as are consistent with that role. The Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. The City shall not in any way or for any purpose become or be deemed to be a partner of the Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with the Contractor. 4.5 Prohibition Against Subcontracting or Assignment The experience, knowledge, capability and reputation of the Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, - 9 - the Contractor shall not contract with any other entity to perform in whole or in part the services required by this Agreement without the express written approval of the City. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted by this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, the City, at its sole discretion, may void this Agreement in whole or in part. No approved transfer shall release the Contractor or any surety of the Contractor of any liability without the express consent of the City. 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance Coverages The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to the City, during the entire term of this Agreement including any extension as specified in Section 3.2, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of the City: Comprehensive General Liability Insurance: A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. Worker’s Compensation Insurance: A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of Utah and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. Automotive Insurance: A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. The policy shall include coverage for owned, non-owned, leased and hired cars. Professional Liability: Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least five consecutive years - 10 - following the completion of the Contractor’s services or the termination of this Agreement. During this additional five-year period, the Contractor shall annually, and upon request of the City, submit written evidence of this continuous coverage. Additional Insurance: Policies of such other insurance, as may be required in the Special Requirements. 5.2 General Insurance Requirements All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by the City or its officers, employees or agents shall apply in excess of, and not contribute with the Contractor’s insurance. The insurer is deemed to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of these policies of insurance shall provide that the insurance may not be amended or cancelled by the insurer or any Party without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of these policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the City Manager. No services or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate evidence of the above insurance coverages and these Certificates of Insurance or appropriate evidence of the above insurance are accepted by the City. The City reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to the City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED IN THIS AGREEMENT. [to be initialed] ______________ Agent Initials The City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds with respect to: liability arising out of activities the Contractor performs; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, and its respective elected and appointed officers, officials, employees or volunteers. The Contractor’s insurance shall apply separately to each insured - 11 - against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3. 5.3 Indemnification To the full extent permitted by law, the Contractor agrees to indemnify, defend at its own expense and hold harmless the City, its officers, employees, agents and volunteers (“Indemnified Parties”) against, and will hold and save them and each of them harmless from any and all liability and actions whether judicial, administrative, regulatory or arbitrated (“Actions”) and any and all losses, claims, expenses or damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened that may be asserted or claimed by any person, firm or entity arising out of or in connection with the performance of the services, operations or activities provided in this Agreement of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which the Contractor is legally liable (“indemnitors”), or arising from the Contractor’s negligent, reckless or willful misconduct, or arising from the Contractor’s indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement (“Claims”). The Contractor will defend any Action filed in connection with any such Claims and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection with any Claims. The Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such Claims arising out of or in connection with the performance of or failure to perform services, operations or activities of the Contractor and the Contractor agrees to save and hold the City, its officers, agents, and employees harmless. In the event the City, its officers, agents or employees is made a party to any Action filed or prosecuted against the Contractor for such Claims arising out of or in connection with the performance of or failure to perform the services, operation or activities of the Contractor, the Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. - 12 - Failure of the City to monitor compliance with these provisions shall not be a waiver of this requirement. The provisions of this Section do not apply to claims or liabilities occurring as a result of the City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from the City’s negligence, except that design professionals’ indemnity shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of the Contractor and shall survive termination of this Agreement. 5.4 Performance Bond -Not Applicable 5.5 Sufficiency of Insurer or Surety – Not Applicable 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records The Contractor shall keep all ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to the City and services performed pursuant to this Agreement (“Records”), as shall be necessary to perform the services required by this Agreement and enable the City to evaluate the performance of such services. Any and all such Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The City shall have full and free access to these Records at all times during normal business hours of the City, including the right to inspect, copy, audit and make transcripts from such Records. The Contractor shall maintain such Records for a period of seven (7) years following completion of the services pursuant to this Agreement, and the City shall have access to such Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Records shall be given to the City, and access shall be provided by Contractor’s successor in interest. 6.2 Reports The Contractor shall periodically prepare and submit to the City Manager (or his or her designee) such reports concerning the performance of the services required by this Agreement as the City Manager (or his or her designee) shall require as well as any reporting required in the Scope of Services. 6.3 Ownership of Documents All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“Documents”) prepared by the Contractor, its employees and agents in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the City Manager (or his or her designee) or upon the termination of this Agreement. The Contractor shall have no claim for further - 13 - employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the Documents. Any use, reuse or assignment of such Documents for other projects and/or use of uncompleted documents without specific written authorization by the City will be at the Contractor’s sole risk and without liability to the City. The Contractor may retain copies of such Documents for its own use. The Contractor shall have an unrestricted right to use the concepts embodied. 6.4 Confidentiality and Release of Information All information gained or work product produced by the Contractor in performance of this Agreement shall be held confidential by the Contractor unless such information is in the public domain or already known to the Contractor. The Contractor shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the City Manager (or his or her designee). The Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary.” If the Contractor, or any officer, employee or agent of the Contractor, provides any information or work product in violation of this Agreement, the City shall have the right to reimbursement and indemnity from the Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of the Contractor’s conduct. The Contractor shall immediately notify the City should the Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the services performed pursuant to this Agreement. The City retains the right, but has no obligation, to represent the Contractor or be present at any deposition, hearing or similar proceeding. The Contractor agrees to cooperate fully with the City and to provide the City with the opportunity to review any response provided by the Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 Utah Law 7.2 This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of Utah. Legal actions concerning any dispute, claim or matter arising out of or in relation - 14 - to this Agreement shall be instituted in the District Court of the County of Grand, State of Utah, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. Disputes; Default In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating the Contractor for any services performed after the date of default. Instead, the City may give notice to the Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If the Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Section. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds The Contractor hereby authorizes the City to deduct from any amount payable to the Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute or which are necessary to compensate the City for any losses, costs, liabilities or damages suffered by the City, and (ii) all amounts for which the City may be liable to third parties, by reason of the Contractor’s acts or omissions in performing or failing to perform the Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by the Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of the City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect the City as elsewhere provided in this Agreement. 7.4 Waiver Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by the City of any work or services by the Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall - 15 - not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 7.6 Legal Action In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages – Not Applicable 7.8 Termination Prior to Expiration of Term This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the City Manager. In addition, the Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services except those as may be specifically approved by the City Manager. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the City Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the City Manager, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced and/or services delivered. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, the City may, after compliance with the provisions of Section 7.2, take over the - 16 - services and see them to completion by contract or otherwise. Should this occur, the Contractor shall be liable to the extent that the total cost for completion of the services required exceeds the Schedule of Compensation in this Agreement (provided that the City shall use reasonable efforts to mitigate such costs), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of amount in excess of the Schedule of Compensation. 7.10 Attorneys’ Fees If either Party to this Agreement is required to initiate or defend any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-Liability of City Officers and Employees No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest The Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder the Contractor’s performance of services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee or agent without the express written consent of the City Manager. The Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any state statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination - 17 - The City is committed to providing equal employment opportunity for all persons without regard to race, color, national origin, religion, sex (including conditions of pregnancy), sexual orientation, gender identity, age, disability, veteran status, genetic information or other group protected by federal law or applicable state or local law. The Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against any person or group of persons on account of race, color, national origin, religion, sex (including conditions of pregnancy), sexual orientation, gender identity, age, disability, veteran status, genetic information or other group protected by federal law or applicable state or local law in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, national origin, religion, sex (including conditions of pregnancy), sexual orientation, gender identity, age, disability, veteran status, genetic information or other group protected by federal law or applicable state or local law. 9. MISCELLANEOUS PROVISIONS 9.1 Notices Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager, City of Moab, 217 East Center Street, Moab, UT 84532 and in the case of the Contractor, to the person at the address designated on the signature page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment This Agreement including the attachments is the entire, complete and exclusive expression of the understanding of the Parties on the subject of this Agreement. There are no oral agreements between the Parties concerning this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the - 18 - Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and signed by the Contractor and by the City Manager. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability In the event that any one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid or unenforceable by an order, judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement which are hereby agreed to be severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Corporate Authority The persons executing this Agreement on behalf of the Parties warrant that (i) the Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of the Party, (iii) by executing this Agreement, the Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. 9.7 No Waiver of Immunity The City advises that it is a governmental entity in the State of Utah and is bound by the provisions of the Utah Governmental Immunity Act (Title 63G, Chapter 7, Utah Code Annotated, 1953, as amended) and does not waive any procedural or substantive defense or benefit provided or to be provided by the Governmental Immunity Act or comparable legislative enactment, including without limitation, the provisions of Section 63G-7-604 regarding limitation of judgments. Any indemnity and insurance obligations incurred by the City under this Agreement are expressly limited to the amounts identified in the Act. Further, nothing in this Agreement shall be deemed to abrogate or waive any immunity possessed by the City, including immunity under the Utah Governmental Immunity Act, U.C.A. § 63G-6-101, et seq., or other applicable law. [SIGNATURES ON FOLLOWING PAGE] - 19 - IN WITNESS WHEREOF, the Parties have executed this Agreement as follows: CITY: Dated: _______________________________ CITY OF MOAB, a municipal corporation Emily S. Niehaus, Mayor CONTRACTOR: Dated: _______________________________ By: Name: Title: Address: ATTESTED: By: __________________________________________ ___________________ Sommar Johnson Date City Recorder City of Moab – Contract for Services EXHIBIT A SCOPE OF SERVICES 1.0 Phase 1: Community Visioning 1.1 Task 1: Development and Presentation of Project Plan The project will begin in January 2022 with virtual and in-person meetings between Future iQ and City leadership to establish a final project plan/schedule specifying the number and type of planned meetings, engagement activities and deliverables to occur throughout the project. The inclusion of all members of the Moab community will be key during this planning phase to give voice to those who may be underrepresented. All project materials will be translated into Spanish, and community engagement opportunities will be provided for the Spanish speaking population, youth, Navajo and other Indigenous residents. (Translations can also be coordinated, if required, for Navajo and other Indigenous residents). The Project Director will present the detailed version of the final project plan to City staff at a pre-arranged meeting. Future iQ will work closely with the City of Moab project contact/s via weekly zoom meetings for the duration of the project. Additionally, Future iQ will produce a monthly status report for the Moab City Council. During Phase 1-Task 1, Future iQ will produce a dedicated City of Moab project portal/website. The project portal will serve as a central location where stakeholders can access updated project information, participate in discussion boards, take surveys, view survey results and data visualization, reports, and notices. The portal is a piece of the engagement and communications plan for the project that will include social media marketing and other methods of publicity necessary to increase recognition, build credibility and deepen understanding of the strategic planning process, its objectives, and outcomes within the community. Communications will involve both digital and traditional methods to include as broad an audience as possible. Future iQ will also work with the city to create a Community Project Advisory Committee, consisting of residents and local stakeholders. These important community advisors will serve as ambassadors of the project to the community and provide invaluable feedback to the project team throughout the community visioning process. The Community Project Advisory Committee will be inclusive to all sectors of the Moab community. Deliverables from Phase 1-Task 1 will include: • Initial planning and presentation of proposed project plan • Online project portal • Engagement and Communications Plan • Community Project Advisory Committee Detailed planning and communication invites participation, creates anticipation, and sets the tone for the strategic planning process. EXHIBIT A SCOPE OF SERVICES 1.2 Task 2: Implementation (January 2022 – September 2022) Future iQ will begin Phase 1-Task 2 with interviews of key community stakeholders and City Staff. These will be a continuation of the interviews held with City leadership in January 2022. This will lead on to the extensive Community Survey that will explore community stakeholder sentiment and assess appetite for change and future readiness. The Community Survey will be hosted on the project portal and will also be available in paper format. The survey will also be translated into Spanish in both online and paper versions. (Translations can also be coordinated, if required, for Navajo and other Indigenous residents). The Community Survey will run through the months of February through to April 2022 and the intention is that the survey will reach all sectors of the Moab community. The results from the Community Survey will be presented via Future iQ’s interactive data visualization platform. The results will be able to be filtered and analyzed in depth. Filters will be based on the profile questions from the survey including age, length of time living or working in Moab, neighborhood affiliation, etc. The results of the Community Survey via data visualization will be accessible to the community members of Moab via the project portal. The Scenarios of the Future Think-Tank will be held in April/May 2022 (date to be confirmed). It will be conducted as a highly participatory 4 to 8-hour workshop (held over one day or two evenings) that will produce a preferred future scenario validated by the completion of individual participant ‘Heat Maps’. The scenario based Future Think-Tank is a tool to gain better understanding of stakeholder priorities and goals to create effective actions for program and resource allocation. This process will help stakeholders explore and understand emergent trends, and their potential implications across the association. A range of plausible future scenarios will be developed that will act as a testing ground to assess resilience and consequences. Future iQ initially believes that the Think-Tank will try to answer important questions such as: • What should Moab become? • What makes Moab unique and special and how can the City use these characteristics to prepare for the future? • How will community stakeholder preferences fit into this vision? • How should funds be invested and leveraged to build resiliency for the City? In addition, the Think-Tank process will further examine circumstances including: • What are the specific strategic gap and growth areas for Moab and does previous planning address those areas? • How does COVID-19 impact planning for the future and how can resiliency and sustainability be built into action planning? Broad community engagement allows community stakeholders to add their voices to the planning process. EXHIBIT A SCOPE OF SERVICES • How may financial/budgetary issues on the State level impact Moab and how can the City prepare for potential budget challenges? • Where does the City fit into the world, and what are its unique competitive strengths? • How does Moab anticipate and take advantage of emerging trends in the economy, Country, and aspirations of community stakeholders? • What unique hurdles might Moab face, and how do we build collaborative approaches and structures to ensure continued successful programs and services? • Where is there opportunity or need to evolve or change? Where is there an appetite for change, and where might there be resistance to change? • What is the story community stakeholders want to tell about themselves and what do they want the City to be in the future? Following the Think-Tank, Future iQ will compile the Community Survey and Think-Tank results into the City of Moab Scenarios of the Future Report. This report will be used to take out to the community for input and engagement during the Community Visioning Workshops. These extensive engagement sessions will include all members of the Moab community including the Spanish speaking, youth sectors, Navajo, and other Indigenous residents. Future iQ will facilitate the visioning workshops, host discussion boards, and promote the online Vision Survey to broaden the reach and solicit feedback from community stakeholders on the preferred vision developed at the Think-Tank. The compiled information from all engagement activities to this point will be presented to City Council and the community at a Future Summit in September 2022 (Date To be confirmed) This group will revisit the first Think-Tank and incorporate the results from the expanded engagement to validate the engagement results and develop the community vision, mission, and potential action strategies. The Future Summit will serve to foster cohesion and alignment by giving participants the opportunity to validate the final vision and strategic direction for the community. This support will be very important to facilitate resource and City-wide alignment. Deliverables from Phase 1-Task 2 include: • Interviews • Community survey • Moab Future Think-Tank Workshop • Scenarios of the Future Report • Vision survey, data collection and analysis • Data visualization platform • Community vision workshops • Future Summit EXHIBIT A SCOPE OF SERVICES 2.0 Phase 2: Strategic Action Plan 2.1 Task 1: Synthesize and Analyze Results Following the Future Summit, Phase 2-Task 1 will involve the facilitation of specific focus groups around each strategic pillar identified at the Think-Tank and developed at the Future Summit. The sessions will last 1-1 ½ hours and will serve to build the specific steps of the action areas that may be implemented to put the community on the path to its preferred future. The focus groups may be held in-person or virtually as needed. To explore issues and topics that arose during this Task, online Discussion Boards will be created and administered on the project portal to encourage community discussion and feedback. At this point, Future iQ will draw together all compiled information to start crafting the strategic planning framework for Moab. This will involve careful synthesis of all research, engagement results, reports, and analysis into a first draft of the City of Moab Community Vision and Strategic Action Plan. The first draft will include a statement of Core Values and Community Ideals and will also include metrics to measure how well the city is achieving its broader goals and impact on the community set out by the strategies over time. The plan will detail each strategic pillar and its strategic action areas. This information will be incorporated into the first draft of the implementation roadmap. The roadmap will recommend a course of action with the understanding that the Plan must be adaptable to current conditions over time including considerations for the next planning process. Following the completion of the first draft of the Moab Strategic Plan report, Future iQ will seek input from City leadership and staff and incorporate the input into a final draft of the report. Future iQ will use this opportunity to work with City leadership and staff to align implementation with the strategic vision, community ideals and core values, and plan for fiscal sustainability by developing realistic, achievable goals. This will include considerations for the action steps created after the action plan is adopted and the next planning process. • Virtual/In-Person workshops and focus groups (depending on Covid-19 measures) • Rapid polling (using engagement tool, Poll Everywhere) • Discussion Boards • Online surveys with data visualization • ‘Digital assignments’ for community members The discussion boards and data visualization platform provide transparent and defensible analysis of Moab stakeholder input. Deliverables for Phase 2-Task 1 include: • Online discussion boards • Focus groups to develop strategic action areas • Draft and finalize the City of Moab Vision and Strategic Action Plan including performance benchmarks EXHIBIT A SCOPE OF SERVICES 2.2 Task 2: City of Moab Vision Presentation to Moab City Council and Community The final Moab Community Vision and Strategic Action Plan will be presented by the Project Director to City leadership, staff and community at two in-person presentations. Measuring Effectiveness The final Moab Community Vision and Strategic Action Plan will be presented by the Project Director to City leadership, staff and community at two in-person presentations (October 2022 - Date to be confirmed) Measuring Effectiveness Understanding and measuring progress in key performance areas will be an important part of implementing Moab’s Strategic Action Plan. Used correctly, metrics provide a powerful feedback loop to understanding the effectiveness of resource development strategies and investment in programs and in identifying emerging gaps. By comparing progress of the action areas at different points in time, the metrics will give an indication of the trajectory of that item. Phase 2-Task 2 of this project plan includes the development of measurements to support periodic review and adjustment of the vision, core values and strategic plan over time. Measuring the progress of actions over time allows stakeholders to see the trajectory of initiatives. Deliverables for Phase 2-Task 2 include: • Two in-person presentations on visioning project results EXHIBIT B SCHEDULE OF SERVICES The following chart outlines key phases and suggested periods of activities. This timeline reflects the relative emphasis of activity. Work on a number of the key deliverables will occur in parallel. This will allow the phases to be completed within the project timeline. Please note that this schedule is flexible, given these challenging times with the impacts of COVID-19. Future iQ will work with the City of Moab to create a timeline that incorporates the specific needs of the City and remains flexible over the course of the project. PROJECT SCHEDULE/TIMELINE Key Phases Key Deliverables/Benchmarks J F M A M J J A S O Phase 1: Community Visioning Task 1: Development and Presentation of Project Plan Initial planning and presentation of proposed project plan Online project portal Engagement and Communications Plan Community Project Advisory Committee Task 2: Implementation Weekly project update zoom calls Interviews – in person/virtual Community survey Moab Future Think- Tank Scenarios of the Future Think-Tank Report Vision survey, data collection and analysis Data visualization platform Community vision workshops including Spanish and Youth sessions Future Summit Phase 2: Strategic Action Plan Task 1: Synthesize and Analyze Results Online discussion boards Focus groups to develop strategic action areas Draft and finalize Moab Vision and Strategic Action Plan including performance benchmarks Task 2: City of Moab Presentations to Moab City Council and Community Two in-person presentations on visioning project results NB: All materials will be translated into Spanish by Future iQ, and if required translation will be organized for Navajo and other Indigenous residents. EXHIBIT C SCHEDULE OF COMPENSATION 1 Future iQ operates on a fixed-price delivery. The fees below include all travel, accommodation costs and overheads for the Project Director and staff. Future iQ assumes that the City of Moab will provide venues for workshop sessions and presentations, as required. We understand that many of these meetings may be virtual due to COVID-19. Please note that Future iQ’s fees and project plan are flexible and easily scalable depending on the needs of the City of Moab. Key Phases Key Components Proposed Fees per item Phase 1: Community Visioning Task 1: Development and Presentation of Project Plan • Initial planning and presentation of proposed project plan • Online project portal • Engagement and Communications Plan • Community Project Advisory Committee $3,000 $2,000 $2,000 $1,000 Task 2: Implementation • Interviews • Community Survey • Moab Future Think-Tank • Scenarios of the Future Think-Tank Report • Vision survey, data collection and analysis • Data visualization platform • Community vision workshops • Future Summit $1,000 $3,000 $9,000 $5,000 $3,000 $2,000 $10,000 $4,000 Phase 2: Strategic Action Plan Task 1: Synthesize and Analyze Results • Online discussion boards • Focus groups to develop strategic action areas • Draft and finalize Moab Vision and Strategic Action Plan including performance benchmarks $2,000 $10,000 $20,000 Task 2: City of Moab Presentations to Moab City Council and Community • Two in-person presentations on visioning project results $3,000 TOTAL FIXED PRICE PROPOSAL $80,000 NB: Cost of materials to be translated into Spanish by Future iQ, is included. Additional costs may be incurred if there is required translation for Navajo and other Indigenous residents. Proposed payment schedule: • 20% on signing contract • 20% at completion of each Task in Phases 1 and 2 Moab City Council Agenda Item Meeting Date: December 14, 2021 Title: Canvass of the City of Moab General Election: The Canvassing of Votes from the City of Moab General Election Recount held on December 7, 2021 Presenter: Sommar Johnson, City Recorder Attachment(s): • Certificate of Election • Updated Summary Tables Recommended Motion: I move to accept the election result from the City of Moab General Election recount held on December 7, 2021. Background/Summary: As mentioned during the special meeting on November 16, 2021, to canvass the votes from the City of Moab General Election, the City of Moab was required to conduct a recount for the Moab City Council seats. The single vote separation between Luke Wojciechowski and Josie Kovash prompted the recount requirement. On December 7, 2021, officials from Utah County traveled to Moab to conduct the recount. During the recount process, it was discovered that the late withdrawal of Randall Fox impacted votes in subsequent rounds that were omitted in the certified results. The recount allowed the votes for all candidates in subsequent rounds to be included in the overall vote totals. This did not change the outcome of the election. CERTIFICATE OF ELECTION We, the Board of Canvassers for the City of Moab, Grand County, State of Utah, do hereby certify the following vote totals for the 2021 Municipal General Election held November 2, 2021, as appears from the official canvassed returns of said election, as filed and of record in the office of the City Recorder of the City of Moab: MAYOR: Joette Langianese 937 votes Bill Winfield 819 votes Stephen J. Stocks 280 votes V. Kent Green 127 votes Aaron Davies 41 votes Sherri Costanza 16 votes CITY COUNCIL: Seat one: Jason Taylor 911 votes Josie Kovash 852 votes Luke Wojciechowski 484 votes Mike McCurdy 190 votes Anthony Charles 23 votes Seat two: Luke Wojciechowski 1,083 votes Mike McCurdy 627 votes Josie Kovash 518 votes Anthony Charles 50 votes We declare elected Joette Langianese to the office of Mayor, and Jason Taylor and Luke Wojciechowski to the Moab City Council, all who will serve for a term of four years beginning in January 2022. BOARD OF CANVASSERS: Emily Niehaus Tawny Knuteson-Boyd Mike Duncan Karen Guzman-Newton Rani Derasary Kalen Jones Moab City Council Recount Tuesday, December 7, 2021 The results of a ranked-choice voting election. | Download Raw Data JASON TAYLOR 38.4% 700 votes 38.7% 704 votes 45.8% 818 votes 51.7% 911 votes JOSIE KOVASH 25.4% 462 votes 25.7% 468 votes 27.1% 485 votes 48.3% 852 votes LUKE WOJCIECHOWSKI 25.0% 456 votes 25.2% 459 votes 27.1% 484 votes MIKE MCCURDY 9.9% 181 votes 10.4% 190 votes ANTHONY CHARLES 1.3% 23 votes Inactive Ballots 0 ballots 1 ballots 35 ballots 59 ballots Copyright © 2021, Robot Armin LLC Candidate name Round 1 Round 2 Round 3 Round 4 About RCVis RCVis is open-source Ranked-Choice Voting Visualization software. Let's Collaborate! To use these visualizations for your election, poll, or infographic, please get in touch: team@rcvis.com. Send feedback or follow us on Twitter    Moab City Council Recount Tuesday, December 7, 2021 The results of a ranked-choice voting election. | Download Raw Data LUKE WOJCIECHOWSKI 34.4% 594 votes 35.0% 604 votes 63.3% 1,083 votes MIKE MCCURDY 33.3% 575 votes 34.9% 602 votes 36.7% 627 votes JOSIE KOVASH 29.5% 509 votes 30.0% 518 votes ANTHONY CHARLES 2.9% 50 votes Inactive Ballots 0 ballots 4 ballots 18 ballots Copyright © 2021, Robot Armin LLC Candidate name Round 1 Round 2 Round 3 About RCVis RCVis is open-source Ranked-Choice Voting Visualization software. Let's Collaborate! To use these visualizations for your election, poll, or infographic, please get in touch: team@rcvis.com. Send feedback or follow us on Twitter    City of Moab Regular Meeting Schedule 2022 The City of Moab will hold Regular City Council Meetings at 6:00 PM with workshops usually beginning at 5:30 PM on the second and fourth Tuesdays of each month. Unless noticed as an electronic meeting pursuant to Moab Municipal Code Section 2.04.100, all Regular City Council Meetings will be held in the Moab City Council Chambers at 217 East Center Street, Moab, Utah. Meeting dates will be as follows: Regular Meeting January 11 Regular Meeting January 25 Regular Meeting February 8 Regular Meeting February 22 Regular Meeting March 8 Regular Meeting March 22 Regular Meeting April 12 Regular Meeting April 26 Regular Meeting May 10 Regular Meeting May 24 Regular Meeting June 14 Regular Meeting June 28 Regular Meeting July 12 Regular Meeting July 26 Regular Meeting August 9 Regular Meeting August 23 Regular Meeting September 13 Regular Meeting September 27 Regular Meeting October 11 Regular Meeting October 25 Regular Meeting November 8 Regular Meeting December 13 /s/ Sommar Johnson City Recorder Published in the Times Independent, December 23 and December 30, 2021. City of Moab Holiday Schedule 2022 Moab City Offices will be closed on the following holidays during 2022: New Year’s Day (Observed)December 31, 2021 Friday Dr. Martin Luther King Jr. Day January 17 Monday Presidents’ Day February 21 Monday Memorial Day May 30 Monday Juneteenth (Observed)June 20 Monday Independence Day July 4 Monday Pioneer Day (Observed)July 25 Monday Labor Day September 5 Monday Indigenous Peoples’ Day October 10 Monday Veterans’ Day November 11 Friday Thanksgiving Day November 24 Thursday Day After Thanksgiving November 25 Friday Christmas Eve (Observed)December 23 Friday Christmas Day (Observed)December 26 Monday /s/ Sommar Johnson City Recorder Published in the Times Independent, December 23 and December 30, 2021.