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HomeMy Public PortalAboutPKT-CC-2022-01-25JANUARY 25, 2022 REGULAR MEETING 6:00 P.M. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 - 207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernment Regular City Council Meeting - 6:00 p.m. Call to Order and Roll Call Attendance Citizens to Be Heard (Electronic Participation) Citizens to be heard comments may be made by phone or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 893 1011 8649 Passcode (if needed): 885684 Link: https://us02web.zoom.us/j/89310118649? pwd=uxzvt0k2tjqwsm1qyuxvr0dquvorut09 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 6:00 PM on the date of the meeting. Please limit your comments to 400 words. Public Hearing: Consideration of Location to Construct Pickleball Courts Public Hearing Public comments may be made by phone or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 893 1011 8649 Passcode (if needed): 885684 Link: https://us02web.zoom.us/j/89310118649? pwd=uxzvt0k2tjqwsm1qyuxvr0dquvorut09 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 6:00 PM on the date of the meeting. Please limit your comments to 400 words . New Business Consideration of Location to Construct Pickleball Courts Briefing and possible action pickleball location agenda summary.pdf Consideration of Agreement between Moab Irrigation Company and the City of Moab: Rotary Park, Moab Irrigation Co. Water Feature Briefing and possible action mic rotary park water feature agenda summary.pdf mic rotary park water feature.draft c 10 jan 2022 (1).pdf Ordinance No. 2022 -02 Authorizing the Transit Project for Federal Funding Briefing and possible action ordinance no. 2022 -02 authorizing the transit project agenda summary.pdf attachment 1 - ordinance no. 2022 -02.pdf Resolution No. 02 -2022 Adopting Policies in Connection with the Moab Area Transit Pilot Project for Federal Funding Briefing and possible action resolution no. 02 -2022 adopting policies in connection with the moab area transit pilot project agenda summary.pdf attachment 1 - resolution no. 02 -2022.pdf Approval of an MOU to develop a Water Utility Resource Management Plan Briefing and possible action approval of an mou to develop a water utility resource management plan agenda summary.pdf attachment 1 - memorandum of understanding to develop a water utility resource management plan.pdf attachment 2 - water utility resource management plan scope of work and proposal.pdf Proposed Resolution 03 -2022: A Resolution Authorizing the Mayor to Sign the Amended and Restated Special Use Lease Agreement N. 1342, a Lease with the Utah School and Institutional Trust Lands Administration Authorizing the Use of State Lands for a Police Firearms Training Facility Briefing and possible action agenda summary - shooting range lease.pdf resolution 03 -2022 sitla range lease.pdf legal counsel memo on shooting range lease agrement review.pdf sula 1342.pdf Old Business Community Organization Liaison and Board Assignments Briefing and possible action moab city council board and committee appointments and reappointments.pdf Consideration to Return the Proceeds of the Series 2021 Sales Tax Revenue Bond Briefing and possible action agenda summary -walnut lane bond proceeds.pdf walnut lane - cash flow analysis.pdf Approval of 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 agenda summary 012522.pdf exhibit 1 development agreement - kane creek village rezone 011922 draft clean.pdf Proposed Ordinance 2021 -15: An Ordinance Approving the 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 012522.pdf exhibit 1 draft ordinance 2021 -15 kane creek village rezone 011922.pdf exhibit 2 vicinity map kcv rezone 011922.pdf exhibit 3 kane creek village rezone zoning map with concept 011922.pdf exhibit 4 chapter 17.54 ra1 residential -agricultural zone code.pdf exhibit 5 17.66 planned unit developments.pdf exhibit 6 chapter 17.48 r3 zone code.pdf exhibit 7a public comments.pdf exhibit 7b molly taylor comment.pdf exhibit 8 pcph minutes 8.26.2021.pdf exhibit 9 development agreement - kane creek village rezone 011922 draft clean.pdf Consent Agenda Proposed Ordinance 2022 -01: An Ordinance Amending Moab Municipal Code 13.24 Rates and Charges agenda summary - utility collection policy.pdf ordinance 2022 -01 amending chapter 13.24 rates and charges.pdf title 13 chapter 24 rates and charges.pdf Approval of Minutes January 11, 2022, Regular Meeting min -cc -2022 -01 -11 regular meeting draft.pdf Administrative Reports Acting City Manager Updates Finance Department Update fy22 full org budget update dec21.pdf Mayor and Council Reports 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. 4. 4.1. Documents: 4.2. Documents: 4.3. Documents: 4.4. Documents: 4.5. Documents: 4.6. Documents: 5. 5.1. Documents: 5.2. Documents: 5.3. Documents: 5.4. Documents: 6. 6.1. Documents: 6.2. 6.2.a. Documents: 7. 7.1. 7.2. Documents: 8. 9. 10. JANUARY 25, 2022 REGULAR MEETING 6:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentRegular City Council Meeting - 6:00 p.m. Call to Order and Roll Call AttendanceCitizens to Be Heard (Electronic Participation)Citizens to be heard comments may be made by phone or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 893 1011 8649 Passcode (if needed): 885684 Link: https://us02web.zoom.us/j/89310118649?pwd=uxzvt0k2tjqwsm1qyuxvr0dquvorut09Please 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 6:00 PM on the date of the meeting. Please limit your comments to 400 words.Public Hearing: Consideration of Location to Construct Pickleball CourtsPublic HearingPublic comments may be made by phone or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 893 1011 8649 Passcode (if needed): 885684 Link: https://us02web.zoom.us/j/89310118649?pwd=uxzvt0k2tjqwsm1qyuxvr0dquvorut09Please 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 6:00 PM on the date of the meeting. Please limit your comments to 400 words . New Business Consideration of Location to Construct Pickleball Courts Briefing and possible action pickleball location agenda summary.pdf Consideration of Agreement between Moab Irrigation Company and the City of Moab: Rotary Park, Moab Irrigation Co. Water Feature Briefing and possible action mic rotary park water feature agenda summary.pdf mic rotary park water feature.draft c 10 jan 2022 (1).pdf Ordinance No. 2022 -02 Authorizing the Transit Project for Federal Funding Briefing and possible action ordinance no. 2022 -02 authorizing the transit project agenda summary.pdf attachment 1 - ordinance no. 2022 -02.pdf Resolution No. 02 -2022 Adopting Policies in Connection with the Moab Area Transit Pilot Project for Federal Funding Briefing and possible action resolution no. 02 -2022 adopting policies in connection with the moab area transit pilot project agenda summary.pdf attachment 1 - resolution no. 02 -2022.pdf Approval of an MOU to develop a Water Utility Resource Management Plan Briefing and possible action approval of an mou to develop a water utility resource management plan agenda summary.pdf attachment 1 - memorandum of understanding to develop a water utility resource management plan.pdf attachment 2 - water utility resource management plan scope of work and proposal.pdf Proposed Resolution 03 -2022: A Resolution Authorizing the Mayor to Sign the Amended and Restated Special Use Lease Agreement N. 1342, a Lease with the Utah School and Institutional Trust Lands Administration Authorizing the Use of State Lands for a Police Firearms Training Facility Briefing and possible action agenda summary - shooting range lease.pdf resolution 03 -2022 sitla range lease.pdf legal counsel memo on shooting range lease agrement review.pdf sula 1342.pdf Old Business Community Organization Liaison and Board Assignments Briefing and possible action moab city council board and committee appointments and reappointments.pdf Consideration to Return the Proceeds of the Series 2021 Sales Tax Revenue Bond Briefing and possible action agenda summary -walnut lane bond proceeds.pdf walnut lane - cash flow analysis.pdf Approval of 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 agenda summary 012522.pdf exhibit 1 development agreement - kane creek village rezone 011922 draft clean.pdf Proposed Ordinance 2021 -15: An Ordinance Approving the 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 012522.pdf exhibit 1 draft ordinance 2021 -15 kane creek village rezone 011922.pdf exhibit 2 vicinity map kcv rezone 011922.pdf exhibit 3 kane creek village rezone zoning map with concept 011922.pdf exhibit 4 chapter 17.54 ra1 residential -agricultural zone code.pdf exhibit 5 17.66 planned unit developments.pdf exhibit 6 chapter 17.48 r3 zone code.pdf exhibit 7a public comments.pdf exhibit 7b molly taylor comment.pdf exhibit 8 pcph minutes 8.26.2021.pdf exhibit 9 development agreement - kane creek village rezone 011922 draft clean.pdf Consent Agenda Proposed Ordinance 2022 -01: An Ordinance Amending Moab Municipal Code 13.24 Rates and Charges agenda summary - utility collection policy.pdf ordinance 2022 -01 amending chapter 13.24 rates and charges.pdf title 13 chapter 24 rates and charges.pdf Approval of Minutes January 11, 2022, Regular Meeting min -cc -2022 -01 -11 regular meeting draft.pdf Administrative Reports Acting City Manager Updates Finance Department Update fy22 full org budget update dec21.pdf Mayor and Council Reports 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. 4. 4.1. Documents: 4.2. Documents: 4.3. Documents: 4.4. Documents: 4.5. Documents: 4.6. Documents: 5. 5.1. Documents: 5.2. Documents: 5.3. Documents: 5.4. Documents: 6. 6.1. Documents: 6.2. 6.2.a. Documents: 7. 7.1. 7.2. Documents: 8. 9. 10. JANUARY 25, 2022 REGULAR MEETING 6:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentRegular City Council Meeting - 6:00 p.m. Call to Order and Roll Call AttendanceCitizens to Be Heard (Electronic Participation)Citizens to be heard comments may be made by phone or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 893 1011 8649 Passcode (if needed): 885684 Link: https://us02web.zoom.us/j/89310118649?pwd=uxzvt0k2tjqwsm1qyuxvr0dquvorut09Please 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 6:00 PM on the date of the meeting. Please limit your comments to 400 words.Public Hearing: Consideration of Location to Construct Pickleball CourtsPublic HearingPublic comments may be made by phone or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 893 1011 8649 Passcode (if needed): 885684 Link: https://us02web.zoom.us/j/89310118649?pwd=uxzvt0k2tjqwsm1qyuxvr0dquvorut09Please 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 6:00 PM on the date of the meeting. Please limit your comments to 400 words .New BusinessConsideration of Location to Construct Pickleball CourtsBriefing and possible actionpickleball location agenda summary.pdfConsideration of Agreement between Moab Irrigation Company and the City of Moab: Rotary Park, Moab Irrigation Co. Water FeatureBriefing and possible actionmic rotary park water feature agenda summary.pdfmic rotary park water feature.draft c 10 jan 2022 (1).pdfOrdinance No. 2022 -02 Authorizing the Transit Project for Federal FundingBriefing and possible actionordinance no. 2022 -02 authorizing the transit project agenda summary.pdfattachment 1 - ordinance no. 2022 -02.pdfResolution No. 02 -2022 Adopting Policies in Connection with the Moab Area Transit Pilot Project for Federal FundingBriefing and possible actionresolution no. 02 -2022 adopting policies in connection with the moab area transit pilot project agenda summary.pdfattachment 1 - resolution no. 02 -2022.pdfApproval of an MOU to develop a Water Utility Resource Management PlanBriefing and possible actionapproval of an mou to develop a water utility resource management plan agenda summary.pdfattachment 1 - memorandum of understanding to develop a water utility resource management plan.pdfattachment 2 - water utility resource management plan scope of work and proposal.pdfProposed Resolution 03 -2022: A Resolution Authorizing the Mayor to Sign the Amended and Restated Special Use Lease Agreement N. 1342, a Lease with the Utah School and Institutional Trust Lands Administration Authorizing the Use of State Lands for a Police Firearms Training Facility Briefing and possible action agenda summary - shooting range lease.pdf resolution 03 -2022 sitla range lease.pdf legal counsel memo on shooting range lease agrement review.pdf sula 1342.pdf Old Business Community Organization Liaison and Board Assignments Briefing and possible action moab city council board and committee appointments and reappointments.pdf Consideration to Return the Proceeds of the Series 2021 Sales Tax Revenue Bond Briefing and possible action agenda summary -walnut lane bond proceeds.pdf walnut lane - cash flow analysis.pdf Approval of 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 agenda summary 012522.pdf exhibit 1 development agreement - kane creek village rezone 011922 draft clean.pdf Proposed Ordinance 2021 -15: An Ordinance Approving the 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 012522.pdf exhibit 1 draft ordinance 2021 -15 kane creek village rezone 011922.pdf exhibit 2 vicinity map kcv rezone 011922.pdf exhibit 3 kane creek village rezone zoning map with concept 011922.pdf exhibit 4 chapter 17.54 ra1 residential -agricultural zone code.pdf exhibit 5 17.66 planned unit developments.pdf exhibit 6 chapter 17.48 r3 zone code.pdf exhibit 7a public comments.pdf exhibit 7b molly taylor comment.pdf exhibit 8 pcph minutes 8.26.2021.pdf exhibit 9 development agreement - kane creek village rezone 011922 draft clean.pdf Consent Agenda Proposed Ordinance 2022 -01: An Ordinance Amending Moab Municipal Code 13.24 Rates and Charges agenda summary - utility collection policy.pdf ordinance 2022 -01 amending chapter 13.24 rates and charges.pdf title 13 chapter 24 rates and charges.pdf Approval of Minutes January 11, 2022, Regular Meeting min -cc -2022 -01 -11 regular meeting draft.pdf Administrative Reports Acting City Manager Updates Finance Department Update fy22 full org budget update dec21.pdf Mayor and Council Reports 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 1.1.1.2.3.3.1.4.4.1.Documents:4.2.Documents:4.3.Documents:4.4.Documents:4.5.Documents:4.6. Documents: 5. 5.1. Documents: 5.2. Documents: 5.3. Documents: 5.4. Documents: 6. 6.1. Documents: 6.2. 6.2.a. Documents: 7. 7.1. 7.2. Documents: 8. 9. 10. JANUARY 25, 2022 REGULAR MEETING 6:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentRegular City Council Meeting - 6:00 p.m. Call to Order and Roll Call AttendanceCitizens to Be Heard (Electronic Participation)Citizens to be heard comments may be made by phone or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 893 1011 8649 Passcode (if needed): 885684 Link: https://us02web.zoom.us/j/89310118649?pwd=uxzvt0k2tjqwsm1qyuxvr0dquvorut09Please 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 6:00 PM on the date of the meeting. Please limit your comments to 400 words.Public Hearing: Consideration of Location to Construct Pickleball CourtsPublic HearingPublic comments may be made by phone or online through Zoom. Citizens are limited to two (2) minutes for comments.To participate by phone or online through Zoom, please use the following links: Dial: 669 -900 -9128 Meeting ID: 893 1011 8649 Passcode (if needed): 885684 Link: https://us02web.zoom.us/j/89310118649?pwd=uxzvt0k2tjqwsm1qyuxvr0dquvorut09Please 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 6:00 PM on the date of the meeting. Please limit your comments to 400 words .New BusinessConsideration of Location to Construct Pickleball CourtsBriefing and possible actionpickleball location agenda summary.pdfConsideration of Agreement between Moab Irrigation Company and the City of Moab: Rotary Park, Moab Irrigation Co. Water FeatureBriefing and possible actionmic rotary park water feature agenda summary.pdfmic rotary park water feature.draft c 10 jan 2022 (1).pdfOrdinance No. 2022 -02 Authorizing the Transit Project for Federal FundingBriefing and possible actionordinance no. 2022 -02 authorizing the transit project agenda summary.pdfattachment 1 - ordinance no. 2022 -02.pdfResolution No. 02 -2022 Adopting Policies in Connection with the Moab Area Transit Pilot Project for Federal FundingBriefing and possible actionresolution no. 02 -2022 adopting policies in connection with the moab area transit pilot project agenda summary.pdfattachment 1 - resolution no. 02 -2022.pdfApproval of an MOU to develop a Water Utility Resource Management PlanBriefing and possible actionapproval of an mou to develop a water utility resource management plan agenda summary.pdfattachment 1 - memorandum of understanding to develop a water utility resource management plan.pdfattachment 2 - water utility resource management plan scope of work and proposal.pdfProposed Resolution 03 -2022: A Resolution Authorizing the Mayor to Sign the Amended and Restated Special Use Lease Agreement N. 1342, a Lease with the Utah School and Institutional Trust Lands Administration Authorizing the Use of State Lands for a Police Firearms Training FacilityBriefing and possible actionagenda summary - shooting range lease.pdfresolution 03 -2022 sitla range lease.pdflegal counsel memo on shooting range lease agrement review.pdfsula 1342.pdfOld BusinessCommunity Organization Liaison and Board AssignmentsBriefing and possible actionmoab city council board and committee appointments and reappointments.pdfConsideration to Return the Proceeds of the Series 2021 Sales Tax Revenue BondBriefing and possible actionagenda summary -walnut lane bond proceeds.pdfwalnut lane - cash flow analysis.pdfApproval of 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 agenda summary 012522.pdfexhibit 1 development agreement - kane creek village rezone 011922 draft clean.pdfProposed Ordinance 2021 -15: An Ordinance Approving the 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 012522.pdfexhibit 1 draft ordinance 2021 -15 kane creek village rezone 011922.pdf exhibit 2 vicinity map kcv rezone 011922.pdf exhibit 3 kane creek village rezone zoning map with concept 011922.pdf exhibit 4 chapter 17.54 ra1 residential -agricultural zone code.pdf exhibit 5 17.66 planned unit developments.pdf exhibit 6 chapter 17.48 r3 zone code.pdf exhibit 7a public comments.pdf exhibit 7b molly taylor comment.pdf exhibit 8 pcph minutes 8.26.2021.pdf exhibit 9 development agreement - kane creek village rezone 011922 draft clean.pdf Consent Agenda Proposed Ordinance 2022 -01: An Ordinance Amending Moab Municipal Code 13.24 Rates and Charges agenda summary - utility collection policy.pdf ordinance 2022 -01 amending chapter 13.24 rates and charges.pdf title 13 chapter 24 rates and charges.pdf Approval of Minutes January 11, 2022, Regular Meeting min -cc -2022 -01 -11 regular meeting draft.pdf Administrative Reports Acting City Manager Updates Finance Department Update fy22 full org budget update dec21.pdf Mayor and Council Reports 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 1.1.1.2.3.3.1.4.4.1.Documents:4.2.Documents:4.3.Documents:4.4.Documents:4.5.Documents:4.6.Documents:5.5.1.Documents:5.2.Documents:5.3.Documents:5.4.Documents: 6. 6.1. Documents: 6.2. 6.2.a. Documents: 7. 7.1. 7.2. Documents: 8. 9. 10. Moab City Council Agenda Item Meeting Date: January 25, 2022 Title: Consideration of Location to Construct Pickleball Courts Presenter: Annie McVay, Parks, Recreation and Trails Director Attachment(s): N/A Recommended Motion: I move that the pickleball courts be constructed at Old City Park. Background/Summary: The City has successfully applied for a grant for the construction of four pickleball courts. The next step in moving the project forward is site selection for the courts. To assist in the site selection process a Committee of stakeholders was convened. The Committee brainstormed several locations and reviewed them against a set of criteria and grant stipulations (see chart below). The Committee is recommending Old City Park as the location of the pickleball courts. Swanny Park Old City Park Golf Course High School Land Ownership YES YES NO NO Parking YES YES Golf course owned YES – School District Owned Restrooms YES YES Golf course owned YES – School District Owned Proximity to Town GOOD OK OK GOOD Compatible with Adjacent Uses OK GOOD GOOD GOOD Residential Impact HIGH (noise) LOW LOW LOW Potential Future Expansion LIMITED YES YES LIMITED Potential Future Lighting LIMITED LIMITED/YES YES YES Eliminating Existing Uses YES NO NO NO Moab City Council Agenda Item Meeting Date: January 25, 2022 Title: Consideration of Agreement between Moab Irrigation Company and the City of Moab: Rotary Park, Moab Irrigation Co. Water Feature Presenter: Annie McVay, Parks, Recreation and Trails Director Attachment(s): Agreement between Moab Irrigation Company and the City of Moab: Rotary Park, Moab Irrigation Co. Water Feature Recommended Motion: I move to approve an Agreement between Moab Irrigation Company and the City of Moab: Rotary Park, Moab Irrigation Co. Water Feature. Background/Summary: The Moab Irrigation Company approached the City last fall about the potential to install a water feature at Rotary Park. There is an existing drainage lined with rocks at the park that is attractively lined with rocks. The proposal is to provide a source of water to flow through the feature during the irrigation season. The water will be provided to the City free of charge and installation has been divided amongst the two parties. The goal is to have the needed connection and piping installed for the irrigation season. This feature will enhance both the riparian aspects of the park and the visitor experience. Agreement between Moab Irrigation Company And the City of Moab Rotary Park, Moab Irrigation Co. Water Feature Draft Rev C Jan 10, 2022  What is it? o A water amenity provided by MIC at no cost to enhance riparian aspects of Rotary Park (RP), a recreational park owned and operated by the City of Moab.  What does it do? o It provides a source of MIC-owned Mill Creek water to RP for use at their discretion, intended to beautify an existing water course by providing water for flora growing there.  Where is it? o In Rotary Park, at lat,long = 38.565011, -109.536761. See map below.  Where does the water come from?  From Mill Creek, via MIC’s diversion dam that puts water in its Ditch 1 (actually a large diameter pipe). The dam is the right hand (east) end of the red line in the illustration below. The water flows through a small sand box and then down a pipe towards Mill Creek Drive.  Ditch 1 crosses under Mill Creek Drive, headed west. Just west of Mill Creek Drive, is a larger “sand box.” This sand box has an “overflow” feature where water can flow back into Mill Creek if the pipe line fills and backs up.  This situation, the ditch “full of water,” that is overflowing back into Mill Creek, sometimes occurs during watering season from roughly mid-March to the end of October. It can be thought of, from MIC’s point of view, as “wasted” water in the sense that diverted water never gets used for its intended purpose of irrigating Ditch 1 users needs. Water can back up any time, but more typically in the later hours depending on the use of the water by Ditch 1 shareholders.  The idea then is that this amenity provides useful water when it would otherwise be “wasted.”  Where does the amenity begin?  The picture below shows a “riser,” an existing 2” steel pipe whose bottom end connects to the Ditch 1 pipeline a short distance below grade, and whose top end contains an air vent valve. The air vent automatically seals when water backs up in the main line and pressure causes water to rise up in the riser pipe. It is at this point that water will become available to the Rotary Park water feature.  What is the interface point between MIC and the City? o MIC will install a metal “T” fitting in the riser pipe approximately one foot below grade. The T shall point towards the City’s water feature evident from the riser. MIC will also install a 2” diameter brass valve similar to the one shown in the picture below. This valve will be bushed down to a female 1” machined thread to the City. This thread is the boundary between MIC and City responsibility. o The City will be responsible to install a line to their water feature. o The riser and valve will automatically drain at the close of the irrigation season when MIC drains Ditch 1. What are the operational considerations? o The valve may be left opened or closed outside the irrigation season, 3/15 through 10/31. o The City may close or open the valve at its discretion during the irrigation season. o For typically infrequent maintenance purposes or other reasons, MIC may close or open the valve during the irrigation season. If so, MIC shall make courteous, reasonable effort to notify City Parks Dept. management. o City Park department management may contact MIC at any time with problems or questions.  What are the legal considerations? o MIC does not guarantee a steady water flow. o MIC reserves the right to cancel this agreement at any time if company determines this outlet is interfering with normal watering usage of shareholders. o The city agrees to assume all liability for any incident (injury or damage) resulting from the water flowing to and in their water feature from the interface at the valve.  Contact information as of 1/2/2022: o Moab Irrigation Company:  Dave Engleman, moabirrigation@gmail.com, 435.260.8022  Mike Duncan, moabmiked@gmail.com, 720.281.2430  Ken Minor, kminor@gmail.com, 435.220.0037, 435.260.2223 o City of Moab Parks Department:  Annie McVay, amcvay@moabcity.org, 435.259.7485 ___________________________________________________ ____________________ President – Moab Irrigation Company Date ___________________________________________________ ____________________ City of Moab Date Moab City Council Agenda Item Meeting Date: January 25, 2022 Title: Ordinance No. 2022-02 Authorizing the Transit Project Disposition: Discussion and possible action Staff Presenter: Chuck Williams, City Engineer Attachment(s): Attachment 1 – Ordinance No. 2022-02 Recommended Motion: “I move to approve Ordinance No. 2022-02 Amending the City Of Moab Municipal Code To Authorize a Transit Pilot Project; Authorizing the Mayor to Sign Various Certifications; And Authorizing Procurement for System Operators and authorize the Mayor to sign it.” Background/Summary: In Senate Bill 277, the 2017 Legislature approved the use of $100 million for transportation improvements in areas with recreation and tourism activity that currently experience significant congestion. With that criteria, UDOT established a prioritization process and the Utah Transportation Commission identified four areas that warranted further evaluation, which included the City of Moab. This project was subsequently awarded funds through the Utah Transportation Commission in conjunction with two other projects: a trail in Spanish Valley and a dispersed parking project in the City. The City is not directly involved with the trail project and the dispersed parking project will be addressed as a separate project. Last year, Council approved an agreement with UDOT establishing annual funding obligations and administrative roles between the City and UDOT for the development and operation of a shuttle service. UDOT will reimburse the City for up to $1,585,000 towards the project. Total annual reimbursement available will decrease each year over the course of a five year schedule. City financial and administrative obligation will be ongoing as long as the shuttle remains in service. The City will also pursue additional funding through the Federal Transit Authority (FTA). These funds are administered by UDOT, and will likely not be available in the first year of operation. Ordinance No. 2022-02 will authorize the transit project and subsequent procurement of system operators, and empower the Mayor to approve additional minor certifications not covered in Resolution No. 02-2022. Staff recommends adoption of the Ordinanced so that the City will be eligible for Federal transit funding opportunities. 1 CITY OF MOAB ORDINANCE NO. 2022-02 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE TO AUTHORIZE A TRANSIT PILOT PROJECT; AUTHORIZING THE MAYOR TO SIGN VARIOUS CERTIFICATIONS; AND AUTHORIZING PROCUREMENT FOR SYSTEM OPERATORS The following findings describe the intent and purpose of this ordinance: a.The City of Moab has experienced increased problems with traffic and congestion due to growth in tourism and visitation. Growth and visitation trends suggest that these problems will increase in the future. b.The City currently does not have any system of public mass-transit. Utah law authorizes municipalities to construct and operate public transportation systems. U.C.A. § 10-8- 14(1)(a), 10-8-86. c.Many City residents complain about the unavailability of parking, the increase in congestion, and a general decrease in the quality of life. d.It is in the best interests of the City and its residents that the City implement measures to decrease automobile-dependence for residents and visitors. e.The City undertook a study for a pilot shuttle transit program denominated as the Moab Area Transit (MAT) and has concluded that such a system is feasible and would be beneficial for the community. Pursuant to Resolution No. 25-2021, dated June 8, 2021, the City committed to the development of a pilot shuttle transit program. f.Concurrently, the City has entered into a Cooperative Agreement with the Utah Department of Transportation (UDOT), dated October 25, 2021, in which the City has committed to contribute $700,000 over five years and UDOT has committed to contribute up to $1,585,000 over the same period to initially fund MAT operations. The City will also seek additional grant funding from the Federal Transit Administration (FTA) under the Rural Transit Funding Program, 49 U.S.C. 5311 (b)(3), or other funding programs. g.State and federal funding sources require that the City develop transit policies for any system to be developed. It is the intent of this ordinance to establish baseline policies for the MAT and to provide direction for staff implementation. Therefore, the City of Moab enacts the following addition to the Moab Municipal Code: CHAPTER 10.16 TRANSIT SYSTEM POLICIES 10.16.010 Service Area; Scope of Service; Fares. The City hereby adopts the service area defined in Exhibit 1 as the initial Service Area for the MAT. From time to time the City Council, with input from affected stakeholders and affected entities, may modify the Service Area. A.The initial scope of service shall be a micro transit system utilizing a smart-phone application or call-in service to dispatch buses on-demand. There is the potential to implement a 2 fixed route system at the same time if funding becomes available. The service will operate 10-16 hours per day, year-round, depending upon demand. Transit service shall accommodate disabled riders and comply with applicable para-transit regulations. The scope of service will be reviewed periodically as needed by demand, funding, and stakeholder interest. B. Fares will be set from time to time by the City Council by resolution. All fares, fees, and other revenues paid to or derived from MAT operations will be used solely for transit system purposes. 10.16.020 Financial Policies. It is the intention of the City that the MAT will operate as a separate enterprise within the City, with revenue not less than all expenditures for operating expenses. City staff are directed to develop budget recommendations, accounting policies, and audit procedures to implement this policy. At least annually, staff will provide a financial report to the City Council and UDOT disclosing relevant financial details of the MAT for the preceding year. 10.16.030 Operator Procurement. The City authorizes the staff to issue a request for proposals (RFP) soliciting qualified entities for an operations contract with the City. All procurement shall be conducted via a competitive process and all operator contracts are subject to approval by the City Council. A. All operator contracts shall be subject to the requirements of this Chapter and contain terms and certifications as necessary to assure operator compliance with applicable laws and regulations governing public transit systems. 10.16.040 Compliance with Laws; Certifications. MAT will be operated in compliance with all applicable laws and regulations governing public transit systems including, but not limited to, the Federal Transit Law 49 U.S.C. § 5332, applicable non-discrimination, workplace safety, disability access, environmental, procurement, controlled substance testing, property acquisition, or similar laws or regulations. From time to time the City may be required to execute certifications attesting to compliance with applicable laws and regulations as a condition for securing state or federal funding. The City hereby authorizes the Mayor to sign all necessary certifications constituting a condition precedent to obtaining such funding. If, in the judgment of the Mayor, any required certification would either: i) constitute a major departure from the policies of this Chapter; or ii) result in a significant budgetary impact on the MAT; then the Mayor may elect to refer the certification to the City Council for consideration and/or approval. -Remainder of Page Left Blank- 3 PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect immediately upon passage. SIGNED: Joette Langianese, Mayor Date ATTEST: Sommar Johnson, Recorder Attachment: Exhibit 1, Service Area 4 EXHIBIT 1 Moab City Council Agenda Item Meeting Date: January 25, 2022 Title: Resolution No. 02-2022 Adopting Policies in Connection with the Moab Area Transit Pilot Project Disposition: Discussion and possible action Staff Presenter: Mark Jolissaint, Assistant City Engineer Attachment(s): Attachment 1 - Resolution No. 02-2022 Recommended Motion: “I move to approve Resolution No. 02-2022 Adopting Policies in Connection with the Moab Area Transit Pilot Project and authorize the Mayor to sign it.” Background/Summary: In Senate Bill 277, the 2017 Legislature approved the use of $100 million for transportation improvements in areas with recreation and tourism activity that currently experience significant congestion. With that criteria, UDOT established a prioritization process and the Utah Transportation Commission identified four areas that warranted further evaluation, which included the City of Moab. This project was subsequently awarded funds through the Utah Transportation Commission in conjunction with two other projects: a trail in Spanish Valley and a dispersed parking project in the City. The City is not directly involved with the trail project and the dispersed parking project will be addressed as a separate project. Last year, Council approved an agreement with UDOT establishing annual funding obligations and administrative roles between the City and UDOT for the development and operation of a shuttle service. UDOT will reimburse the City for up to $1,585,000 towards the project. Total annual reimbursement available will decrease each year over the course of a five year schedule. City financial and administrative obligation will be ongoing as long as the shuttle remains in service. The City will also pursue additional funding through the Federal Transit Authority (FTA). These funds are administered by UDOT, and will likely not be available in the first year of operation. In order to comply with federal acquisition policies the City has had our consultant, Fehr & Peers develop the policies, procedures, plans, and other compliance documents that are necessary for the City to become eligible for FTA funds. These are included as exhibits in the Resolution. Resolution No. 02-2022 will adopt these documents. Staff recommends adoption of the Resolution and these documents so that the City will be eligible for Federal transit funding opportunities. 1 CITY OF MOAB RESOLUTION NO. 02-2022 A RESOLUTION ADOPTING POLICIES IN CONNECTION WITH THE MOAB AREA TRANSIT (MAT) PILOT PROJECT, INCLUDING: AMERICANS WITH DISABILITIES ACT COMPLIANCE; TITLE VI CIVIL RIGHTS PLAN; DRUG AND ALCOHOL TESTING; AND PROCUREMENT POLICIES. The following describe the intent and purpose of this resolution. a.The City of Moab (City) has experienced increased problems with traffic and congestion due to growth in tourism and visitation. Growth and visitation trends suggest that these problems will increase in the future. b. The City currently does not have any system of public mass-transit. Utah law authorizes municipalities to construct and operate public transportation systems. U.C.A. § 10-8- 14(1)(a), 10-8-86. c.Pursuant to Resolution No. 25-2021, dated June 8, 2021, the City committed to the development of a pilot community shuttle program to provide bus services to residents and visitors. d. Under the Cooperative Agreement with the Utah Department of Transportation (UDOT), dated October 25, 2021, the City committed to developing the Moab Area Transit system (MAT) as a five-year pilot project involving community shuttle buses. e. State and federal funding sources, including the Federal Transit Administration, require that local governments develop transit policies governing operation of public transit systems as a condition for receiving funding. The City has retained consultants to advise and author policies to meet these requirements. Therefore, the City of Moab adopts this resolution, which in turn incorporates and adopts certain policies that shall govern operations of the MAT and operations by any contractor selected by the City to operate all or part of the MAT, as set forth below: 1.MAT Title VI Plan (non-discrimination in the provision of transit services) and Service Standards, Exhibit 1. 2. Drug and Alcohol Policy for MAT employees and contractors, Exhibit 2. 3.Americans with Disabilities Act Policy, Exhibit 3. 4. Statement on Disadvantaged Business Enterprise, Exhibit 4. 5. All procurement for the MAT shall comply with applicable Moab procurement ordinances and U.S. Department of Transportation (Federal Transit Administration) Circular FTA C 4220.1F, as same may be amended from time to time. In the event of any conflict between the Moab ordinances and Circular FTA C 4220.1F, the provisions of the federal circular shall control. 2 City of Moab Resolution No. ____-2022 ______________________ PASSED AND APPROVED by a majority of the City of Moab City Council. This resolution shall take effect immediately upon passage. SIGNED: Joette Langianese, Mayor Date ATTEST: Sommar Johnson, Recorder Attachments, Exhibits 1, 2, 3, and 4. Moab Area Transit (MAT)  City of Moab  Moab, Utah  Title VI Plan  EXHIBIT 1 Table of Contents  Introduction .................................................................................................................................................. 3  Provision of Title VI Assurances .................................................................................................................... 4  Title VI Compliance History ........................................................................................................................... 5  Incorporation of the Program ....................................................................................................................... 6  General Guidelines/Requirements ............................................................................................................... 9  Annual Certification and Assurance .......................................................................................................... 9  Procedures for Filing a Title VI Complaint................................................................................................. 9  Record of Investigations, Complaints, Lawsuits........................................................................................ 9  Limited English Proficiency (LEP) Plan ...................................................................................................... 9  Title VI Notice to the Public ...................................................................................................................... 9  Additional Information ............................................................................................................................ 10  Timely Submission .................................................................................................................................. 10  Environmental Analysis of Construction Projects ................................................................................... 10  Public Participation Plan – Promoting Inclusive Public Participation ..................................................... 11  System‐Wide Service Standards and Service Policies ............................................................................. 11  Membership of Non‐Elected Committees and Councils ......................................................................... 11     Appendices  Appendix A – Title VI Clause: All Contracts Subject to Title VI ................................................................... 12  Appendix B – Title VI Clause: Real Property Transactions .......................................................................... 14  Appendix C – Title VI Clause: Federally Funded Real Property Transactions/Improvements .................... 16  Appendix D – Title VI Notice to the Public / Complaint Process .................................................................. 18  Appendix E – Title VI Complaint Form ......................................................................................................... 21  Appendix F – Limited English Proficiency Plan ............................................................................................ 25  Appendix G – Service Standards ................................................................................................................. 29     Introduction    Moab Area Transit (MAT) is committed to ensuring that no person is excluded from participation in, or  denied the benefits of its transit services or programs on the basis of race, color, national origin, or other  protected class as afforded by Title VI of the Civil Rights Act of 1964. MAT operates its programs and  services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights  Act.  Any person who believes they have, individually, or as a member of any specific class or persons, been  subjected to discrimination on the basis of race, color, national origin, or other protected class may file a  complaint with MAT.  For more information on MAT’s civil rights program, and the procedures to file a complaint, contact our  Title VI Program Administrator at 435‐259‐4941; visit our website Click or tap here to enter text.; or visit  our administrative offices 217 E Center Street, Moab, UT 84532.  A complainant may also file a complaint directly with the Federal Transit Administration, Office of Civil  Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor‐TCR, 1200 New Jersey Ave. SE,  Washington, DC 20590.     Provision of Title VI Assurances    MAT hereby certifies that, as a condition of receiving Federal financial assistance under the Urban Mass  Transportation Act of 1964, as amended, it will ensure that:  a) MAT shall submit on an annual basis, their Title VI Assurance, as part of their annual  Certification and Assurance submission to the FTA.  b) No person, on the basis of race, color, or national origin, will be subjected to discrimination in  the level and quality of transportation services and transit related benefits.  c) MAT will compile, maintain, and submit in a timely manner, Title VI information required by FTA  Circular 4702.1B and in compliance with the Department of Transportation’s Title VI Regulation,  49 CFR, Part 21.7.  d) MAT will make it known to the public that those persons or persons alleging discrimination on  the basis of race, color, or national origin as it relates to the provision of transportation services  and transit‐related benefits may file a complaint with the Federal Transit Administration, and/or  the U.S. Department of Transportation, and/or the Utah Department of Transportation.     Title VI Compliance History    a) There are no outstanding lawsuits or complaints naming the City of Moab which allege  discrimination on the basis of race, color or national origin with respect to transit service or  other transit benefits.  b) There are no pending applications for Federal financial assistance, and there is no Federal  financial assistance currently being provided to MAT other than that being supplied by the  Federal Transit Administration (FTA) through capital and operational programs (5309).  c) During the course of the last three (3) years, there have not been any civil rights compliance  review activities conducted with respect to MAT and, to the best of our knowledge, there are  not presently any ongoing civil rights compliance review activities being conducted with respect  to MAT.  d) There are currently no pending construction projects which would negatively impact minority  communities being performed by MAT.  e) The City of Moab does not have any pending applications to other Federal agencies for  assistance, and no Federal agency has found the City of Moab to be in noncompliance with any  civil rights requirement.     Incorporation of the Program    Moab Area Transit (hereinafter referred to as “MAT” or “Recipient”) hereby agrees that, as a condition  to receiving any Federal financial assistance from the Department of Transportation, it will comply with  Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d‐42 U.S.C. 2000d‐4 (hereinafter  referred to as the “Act”), and all requirements imposed by or pursuant to Title 49, Code of Federal  Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,  Nondiscrimination in Federally‐Assisted Programs of the Department of Transportation ‐ Effectuation of  Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the “Regulations”), and other pertinent  directives. No person in the United States shall, on the grounds of race, color or national origin, be  excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination  under any program or activity for which the Recipient receives Federal financial assistance from the  Department of Transportation, including the Federal Transit Administration, and HEREBY GIVES  ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This  assurance is required by subsection 21.7(a) of the Regulations.  More specifically, and without limiting the above general assurance, the Recipient hereby gives the  following specific assurances with respect to its Federal Transit Administration program:  a. That the Recipient agrees that each “program” and each “facility”, as defined in subsections  21.23(e) and 21.23(b) of the Regulations will be (with regard to a “program”) conducted, or will  be (with regard to a “facility”) operated, in compliance with all requirements imposed by, or  pursuant to, the Regulations.    b. That the Recipient shall insert the following notification in all solicitations for bids for work or  material subject to the Regulations and made in connection with all Federal Transit  Administration programs and in adapted form in all proposals or negotiated agreements:     MAT, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to  2000d‐4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,  Office of the Secretary, Part 21, Nondiscrimination in Federally‐Assisted Programs of the  Department of Transportation issued pursuant to such Act, hereby notifies all bidders/proposers  that it will affirmatively insure that in any contract entered into pursuant to this advertisement,  minority business enterprises will be afforded full opportunity to submit bids in response to the  invitation and will not be discriminated against on the grounds of race, color, or national origin  in consideration for an award.    c. That the Recipient shall insert the clauses contained herein as Appendix A in every contract  subject to this Act and the Regulations.    d. That the Recipient shall insert the clauses contained herein as Appendix B, as a covenant  running with the land, in any deed from the United States affecting a transfer of real property,  structures, or improvements thereon, or interest herein.    e.That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. f. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over or under such property. g.That the Recipient shall include the appropriate clauses contained herein as h. Appendix C, as a covenant running with the land, in any future deeds, leases, permits, licenses,  and similar agreements entered into by the Recipient with other parties: (a) for the subsequent  transfer of real property acquired or improved under Federal Transit Administration programs;  and (b) for the construction or use of, or access to, space on, over, or under real property  acquired, or improved under Federal Administration programs.    i. That this assurance obligates the Recipient for the period during which Federal financial  assistance is extended to the program, except where the Federal financial assistance is to  provide, or is in the form of personal property or real property or interest therein or structures  or improvements thereon, in which case the assurance obligates the Recipient or any transferee  for the longer of the following periods: (a) the period during which the property is used for a  purpose for which the Federal financial assistance is extended, or for another purpose involving  the provision of similar services or benefits; or (b) the period during which the Recipient retains  ownership or possession of the property.    j. The Recipient shall provide for such methods of administration for the programs as are found by  the Secretary of Transportation or the official to whom he/she delegates specific authority to  give reasonable guarantee that it, other interest, and other participants of Federal financial  assistance under such program will comply with all requirements imposed or pursuant to the  Act, the Regulations and this assurance.    k. The Recipient agrees that the United States has a right to seek judicial enforcement with regard  to any matter arising under the Act, the Regulations, and this assurance.    l. The Recipient assures that the level and quality of transit service and related benefits are  provided in a manner consistent with Title VI of the Civil Rights Act of 1964.    THESE ASSURANCES are given in consideration of, and for the purpose of, obtaining any and all Federal  grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the  date hereof to the recipient by the Department of Transportation under the Federal Administration and  is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in  interest and other participants in the Federal Transit Administration programs.    The person(s) whose signature appears below, are authorized to sign these assurances on behalf of the  grant applicant, recipient, or sub‐recipient.    Date:_________________________________________________________________________________       General Guidelines/Requirements  Annual Certification and Assurance  As stated in Section I, MAT shall submit annually, their Title VI assurance, as part of their annual  Certification and Assurance submission to the FTA and/or UDOT. The most recent submission for MAT  was approved by Board of Directors on Click or tap to enter a date. and was executed and submitted to  the FTA on Click or tap to enter a date..  Procedures for Filing a Title VI Complaint  In compliance with 49 CFR Section 21.9(b), MAT has developed procedures for investigating and tracking  Title VI complaints filed against them. Such procedures shall be made available to the public upon  request. MAT complaint procedures and complaint form are contained herein as Appendix D and  Appendix E, respectively.  Record of Investigations, Complaints, Lawsuits  In compliance with 49 CFR Section 21.9(b), MAT shall prepare and maintain a list of any active  investigations conducted by entities other than the FTA, lawsuits, or complaints naming MAT that allege  discrimination on the basis of race, color, or nation origin. Such list shall include:  1)Date the investigation, lawsuit, or complaint was filed; 2)Summary of the allegation(s); 3)The status of the investigation, lawsuit, or complaint; and 4)Actions taken by the MAT in response to the investigation, lawsuit, or complaint. Limited English Proficiency (LEP) Plan  MAT shall take steps to ensure meaningful access to the benefits, services, information, and other  important portions of their programs and activities for individuals who are Limited English Proficient  (LEP). MAT will assist persons with limited English proficiency to participate in the transportation  planning process. MAT Staff will make every effort to provide translators and document translation,  where feasible, upon request. MAT’s Limited English Proficiency (LEP) Plan is contained herein as  Appendix F.   Title VI Notice to the Public  In compliance with 49 CFT Section 21.9(d), MAT shall provide information to the public regarding their  Title VI obligations and apprise members of the public of the protections against discrimination afforded  to them by Title VI. MAT complaint procedures and public notification information are contained herein  as Appendix D.   MAT’s Title VI notice to the public will be posted at the following locations:  MAT’s website: Click or tap here to enter text.  City of Moab offices, 217 E Center Street, Moab, UT 84532   MAT’s Rider’s Guide   Transit Buses  Additional Information  MAT acknowledges that, at the discretion of the FTA, information other than that which is required by  FTA C 4702.1B, may be requested in writing of MAT, to investigate complaints of discrimination or to  resolve concerns about possible noncompliance with Title VI.  Timely Submission  MAT acknowledges that their Title VI submissions and/or updates thereto, shall be supplied to their FTA  Regional Office once every three (3) years. The submission shall include, but is not limited to:  1. A summary of public outreach and involvement activities undertaken since the last submission  and a description of steps taken to ensure that minority and low‐income people had meaningful  access to these activities;  2. MAT’s process for persons with limited English proficiency (LEP);  3. Title VI Complaint and Tracking procedures;  4. A list of any Title VI investigations, complaints or lawsuits filed since the last submission; and  5. A copy of MAT’s public notice regarding Title VI compliance and public access and instructions to  MAT Title VI complaint procedures.  Portions of the Plan which have not changed since the last submission will not be resubmitted, however,  MAT shall include a statement to this effect in lieu of copies of the original documents in order to  eliminate redundancy in resubmissions.  Environmental Analysis of Construction Projects  MAT shall integrate an environmental justice analysis into their National Environmental Policy Act  (NEPA) documentation of construction projects of which require NEPA. If a Categorical Exclusion (CE) is  performed, MAT shall complete the FTA’s standard CE checklist which includes a section on community  disruption and environmental justice. While preparing an Environmental Assessment (EA) or  Environmental Impact Statement (EIS), MAT shall integrate into their documents, the following:  1. A description of the low‐income and minority population within the study area affected by the  project, and a discussion of the method used to identify this population; A discussion of all  adverse effects that would affect the identified minority and low‐income population;  2. A discussion of all positive effects that would affect the identified minority and low‐income  population;  3. A description of all mitigation and environmental enhancement actions incorporated into the  project to address the adverse effects, including, but not limited to, any special features of the  relocation program that go beyond the requirements of the Uniform Relocation Act and address  adverse community effects such as separation or cohesion issues, and the replacement of the  community resources destroyed by the project, if applicable;  4. A discussion of the remaining effects, if any, and why further mitigation is not proposed; and  5. For projects that traverse predominantly minority and low‐income and predominantly non‐ minority and non‐low‐income areas, a comparison will be completed of mitigation and  environmental enhancement actions between the two stated areas. If there is no basis for such  a comparison, MAT shall describe why this is so.  Public Participation Plan – Promoting Inclusive Public Participation  MAT shall seek out and consider viewpoints of minority, low‐income, and LEP populations in the course  of conducting public outreach and involvement activities in regards to proposed transportation  decisions. MAT shall make every effort to include the following practices:  1. Coordination with individuals, institutions, or organizations and implementing community‐based  public involvement strategies to reach out to members in the affected minority and/or low‐ income communities;  2. Provision of opportunities for public participation through means other than written  communication, such as personal interviews or use of audio or video recording devices to  capture oral comments;  3. Utilization of locations, facilities and meeting times that are convenient and accessible to low‐ income and minority communities;  4. Utilization of different meeting sizes or formats, or varying the type and number of news media  used to announce public participation opportunities; and  5. Implementation of DOT’s policy guidance regarding MAT’s responsibilities to LEP persons  System‐Wide Service Standards and Service Policies  MAT’s Service Standard and Service Policy Requirements are outlined in Appendix G.  Membership of Non‐Elected Committees and Councils  The City of Moab does not have any transit‐related, non‐elected planning boards, advisory councils or  committees, or similar bodies.  The person whose signature appears below is authorized to sign on behalf of the grant applicant for  recipient.    Date:_________________________________________________________________________________       Appendix A – Title VI Clause: All Contracts  Subject to Title VI    During the performance of this contract, the contractor, for itself, its assignees and successors in  interest (hereinafter referred to as the "contractor") agrees as follows:  1. Compliance with Regulations: The contractor shall comply with the Regulations relative to  nondiscrimination in federally assisted programs of the Department of Transportation  (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended  from time to time, (hereinafter referred to as the Regulations), which are herein incorporated  by reference and made a part of this contract.  2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract,  shall not discriminate on the grounds of race, color, or national origin in the selection and  retention of subcontractors, including procurements of materials and leases of equipment. The  contractor shall not participate either directly or indirectly in the discrimination prohibited by  Section 21.5 of the Regulations, including employment practices when the contract covers a  program set forth in Appendix B of the Regulations.  3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all  solicitations either by competitive bidding or negotiation made by the contractor for work to be  performed under a subcontract, including procurements of materials or leases of equipment,  each potential subcontractor or supplier shall be notified by the contractor of the contractor's  obligations under this contract and the Regulations relative to nondiscrimination on the grounds  of race, color, or national origin.  4. Information and Reports: The contractor shall provide all information and reports required by  the Regulations or directives issued pursuant thereto, and shall permit access to its books,  records, accounts, other sources of information, and its facilities as may be determined by MAT  or the FEDERAL TRANSIT ADMINISTRATION to be pertinent to ascertain compliance with such  Regulations, orders and instructions. Where any information required of a contractor is in the  exclusive possession of another who fails or refuses to furnish this information the contractor  shall so certify to MAT, or the FEDERAL TRANSIT ADMINISTRATION as appropriate, and shall set  forth what efforts it has made to obtain the information.  5. Sanctions for Noncompliance: In the event of the contractor’s noncompliance with  nondiscrimination provision of this contract, the MAT shall impose contract sanctions as it or the  FEDERAL TRANSIT ADMINSTRATION may determine to be appropriate, including but not limited  to:  a. Withholding of payments to the contractor under the contract until the contractor  complies; and/or  b. Cancellation, termination, or suspension of the contract, in whole or in part.  6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1)  through (6) in every subcontract, including procurements of materials and leases of equipment,  unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall  take such action with respect to any subcontract or procurement as the MAT or the FEDERAL  TRANSIT ADMINISTRATION may direct as a means of enforcing such provisions including  sanctions f or noncompliance: Provided, however, that in the event a contractor becomes  involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such  direction, the contractor may request the MAT to enter into such litigation to protect the  interests of the MAT, and, in addition, the contractor may request the United States to enter  into such litigation to protect the interests of the United States.     Appendix B – Title VI Clause: Real Property  Transactions    The following clauses shall be included in any and all deeds effecting or recording the transfer of real  property, structures or improvements thereon, or interest therein from the United States.  (GRANTING CLAUSE)  NOW, THEREFORE, the Department of Transportation, as authorized by Law, and upon the  condition that Moab Area Transit (MAT) will accept title to the Lands and maintain the project  constructed thereon, in accordance with THE STATE OF UTAH, the Regulations for the  Administration of PROGRAM and the policies and procedures prescribed by FEDERAL TRANSIT  ADMINISTRATION of the Department of Transportation and, also in accordance with and in  compliance with all requirements imposed by or pursuant to Title 49, Code of Federal  Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,  Nondiscrimination in Federally‐Assisted Programs of the Department of Transportation  (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title  VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d‐4), does hereby remise,  release, quitclaim and convey unto MAT all the right, title and interest of the Department of  Transportation in and to said lands described in Exhibit "A" attached hereto and made a part  hereof.  (HABENOUM CLAUSE)  TO HAVE AND TO HOLD said lands and interests therein unto MAT and its successors forever,  subject, however, to the covenants, conditions, restrictions and reservations herein contained  as follows, which will remain in effect for the period during which the real property or structures  are used for a purpose for which Federal financial assistance is extended or for another purpose  involving the provision of similar services or benefits and shall be binding on MAT, its successors  and assigns.   MAT, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and  agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall  on the grounds of race, color, or national origin, be excluded from participation in, be denied the  benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in  part on, over or under such lands hereby [,] [and]* (2) that MAT shall use the lands and interest in lands  and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title  49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary.  Part 21, Nondiscrimination in Federally‐ Assisted Programs of the Department of Transportation ‐  Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended, and (3)  that in the event of breach of any of the above mentioned nondiscrimination conditions, the  Department shall have a right to re‐enter said lands and facilities on said land, and the above described  land and facilities shall thereon revert to and vest in and become the absolute property of the  Department of Transportation and its assigns as such interest existed prior to this instruction. *  * Reverter clause and related language to be used only when it is determined that such a clause is  necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.     Appendix C – Title VI Clause: Federally  Funded Real Property  Transactions/Improvements    The following clauses shall be included in all deeds, licenses, teases, permits, or similar instruments  entered into by MAT pursuant to the provisions of Assurance 7(a).  The (grantee, licensee, lessee, permitee, etc., as appropriate) for herself/himself, his/her heirs, personal  representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby  covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in  the event facilities are constructed, maintained, or otherwise operated on the said property described in  this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program  or activity is extended or for another purpose involving the provision of similar services or benefits, the  (grantee, licensee Lessee, permitee, etc.) shall maintain and operate such facilities and services in  compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations,  Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of  Federally‐Assisted Programs of the Department of Transportation ‐ Effectuation of Title VI of the Civil  Rights Act of 1964, and as said Regulations may be amended.  (Include in licenses, leases, permits, etc.)*  That in the event of breach of any of the above nondiscrimination covenants, MAT shall have the right  to terminate the (license, lease, permit, etc.) and to re‐enter and repossess said (licenses, lease, permit,  etc.) to re‐enter and repossess said land and facilities thereon, and hold the same as if said (license,  lease, permit, etc) had never been made or issued.  (Include in deeds)*  That in the event of breach of any of the above nondiscrimination covenants MAT shall have the right to  re‐enter said lands and facilities thereon, and the above described lands and facilities shall thereupon  revert to and vest in and become the absolute property of MAT and its assigns.  The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into  by MAT pursuant to the provisions of Assurance 7(b).  The (grantee, licensee, lessee, permitee, etc., as appropriate) for herself/himself, his/her personal  representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby  covenant and agree (in case of deeds, and leases add “as a covenant running with the land”) that (1) no  person on the ground of race, color, or national origin shall be excluded form participation in, be denied  the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the  construction of any improvements on, over or under such land and the furnishing services thereon, no  person on the grounds of race, color, or national origin shall be excluded from the participation in, be  denied. the benefits of, or be otherwise subjected to discrimination, and (3) that the (grantee, licensee,  lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or  pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of  the Secretary, Part 21, Nondiscrimination in Federally‐Assisted Programs of the Department of  Transportation ‐ Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be  amended.  (Include in licenses, leases, permits, etc.)*  That in the event of breech of any of the above nondiscrimination covenants, MAT shall have the right  to terminate the (license, lease, permit, etc.) and to re‐enter and repossess said land and the facilities as  thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.  (Include in deeds)*  That in the event of breach of any of the above nondiscrimination covenants, MAT shall have the right  to re‐enter said land and facilities thereon, and the above described lands and facilities shall thereupon  revert to and vest in and become the absolute property of MAT and its assigns.  * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI. Appendix D – Title VI Notice to the Public /  Complaint Process    Public Notice of Rights  The following statement shall be posted on site at the MAT office, on the MAT website (Click or tap here  to enter text.); permanently displayed on public transit vehicles; and other appropriate materials made  available to the public: (Documents will be translated into languages other than English, upon request.)    Non‐Discrimination ‐ Your Rights Under Title VI of the Civil Rights Act of 1964  Moab Area Transit  The United States Department of Transportation (DOT) ensures full compliance with Title VI of the Civil  Rights Act of 1964 by prohibiting discrimination against any person on the basis of race, color or national  origin in the provisions of benefits and services resulting from federally assisted programs and activities.  Any person, who believes Moab Area Transit Authority (MAT) has violated her/his/their Title VI  protections, should contact MAT at 435‐259‐4941 or cwilliams@moabcity.org. MAT has also developed  a policy to assist individuals who are Limited English Proficient (LEP). Translation services in order to  assist LEP individuals shall be made available to MAT’s customers upon request. MAT’s Title VI policy,  complaint procedures and LEP Plan shall be made available upon request by contacting MAT  Transportation Department at the above‐noted information. For federal Title VI information please  contact the Federal Transit Administration (FTA), Region 8 at 303‐362‐2400. Federal Title VI information,  including filing complaints, can also be accessed on the FTA web site at: www.fta.dot.gov.  Title VI Information, Limited English Proficient (LEP) information and Complaint Process (for printed  materials, website, and other mediums upon request)  The Moab Area Transit Authority (MAT) grants all citizens equal access to all its transportation services.  It is further the intent of MAT that all citizens are aware of their rights to such access. This is designed to  serve as an educational tool for citizens so that they may understand one of the civil rights laws that  protect their benefit of MAT programs and services, specifically, as it relates to Title VI of the Civil Rights  Act of 1964.  What is Title VI?  Title VI is a section of the Civil Rights Act of 1964 requiring that “No person in the United States shall on  the grounds of race, color or national origin, be excluded from participation in, be denied the benefits  of, or be subjected to discrimination under any program or activity receiving federal financial  assistance.” Note that Title VI does not address gender discrimination. It only covers race, color and  national origin. Other Civil Rights laws prohibit gender discrimination.  What is LEP?  As part of Title VI requirements, MAT has developed a Limited English Proficiency (LEP) Plan to help  identify reasonable steps to provide language assistance for LEP persons seeking meaningful access to  MAT services as required by Executive Order 13166 “Improving Access to Services for Persons With  Limited English Proficiency,'' reprinted at 65 FR 50121 (August 16, 2000). A Limited English Proficiency  person is one who does not speak English as their primary language and who has a limited ability to  read, speak, write, or understand English.  MAT’s Complaint and Investigation Procedures  These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964, Section 504 of  the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, for alleged  discrimination in any program or activity administered by MAT.  These procedures do not deny the right of the complainant to file formal complaints with other State or  Federal agencies or to seek private counsel for complaints alleging discrimination. Every effort will be  made to obtain early resolution of complaints at the lowest level possible. The option of informal  mediation meeting(s) between the affected parties and MAT may be utilized for resolution. Any  individual, group of individuals or entity that believes they have been subjected to discrimination  prohibited under Title VI and related statutes may file a complaint.  The following measures will be taken to resolve Title VI complaints:  1.A formal complaint must be filed within 180 days of the alleged occurrence. Complaints shall be in writing and signed by the individual or her/his/their representative, and will include the complainant’s name, address and telephone number; name of alleged discriminating official, basis of complaint (race, color, national origin, sex, disability, age), and the date of alleged act(s). A statement detailing the facts and circumstances of the alleged discrimination must accompany all complaints. MAT strongly encourages the use of the attached MAT Title VI Complaint Form (Appendix E) when filing  official complaints.  The preferred method is to file your complaint in writing using MAT Title VI Complaint Form (Appendix  E), and sending it to:  MAT Title VI Coordinator  City of Moab  217 E Center Street  Moab, UT 84532  Phone: 435‐259‐4941  Email: cwilliams@moabcity.org  2.In the case where a complainant is unable or incapable of providing a written statement, a verbal complaint of discrimination may be made to MAT Title VI Coordinator. Under these circumstances, the complainant will be interviewed, and MAT Title VI Coordinator will assist the Complainant in converting the verbal allegations to writing. 3.When a complaint is received, the Title VI Coordinator will provide written acknowledgment to the Complainant, within ten (10) days by registered mail. 4. If a complaint is deemed incomplete, additional information will be requested, and the  Complainant will be provided 60 business days to submit the required information. Failure to do  so may be considered good cause for a determination of no investigative merit.  5. Within 15 business days from receipt of a complete complaint, MAT will determine its  jurisdiction in pursuing the matter and whether the complaint has sufficient merit to warrant  investigation. Within five (5) days of this decision, the Executive Director or her/his/their  authorized designee will notify the Complainant and Respondent, by registered mail, informing  them of the disposition.  a. If the decision is not to investigate the complaint, the notification shall specifically state  the reason for the decision.  b. If the complaint is to be investigated, the notification shall state the grounds of MAT’s  jurisdiction, while informing the parties that their full cooperation will be required in  gathering additional information and assisting the investigator.  6. When MAT does not have sufficient jurisdiction, the Executive Director or her/his/their  authorized designee will refer the complaint to the appropriate State or Federal agency holding  such jurisdiction.  7. If the complaint has investigative merit, the Executive Director or her/his/their authorized  designee will instruct the Title VI Coordinator to fully investigate the complaint. A complete  investigation will be conducted, and an investigative report will be submitted to the Executive  Director within 60 days from receipt of the complaint. The report will include a narrative  description of the incident, summaries of all persons interviewed, and a finding with  recommendations and conciliatory measures where appropriate. If the investigation is delayed  for any reason, the Title VI Coordinator will notify the appropriate authorities, and an extension  will be requested.  8. The Executive Director or her/his/their authorized designee will issue letters of finding to the  Complainant and Respondent within 90 days from receipt of the complaint.  9. If the Complainant is dissatisfied with MAT’s resolution of the complaint, she/he has the right to  file a complaint with the:    Federal Transit Administration  Region 10  Office of Civil Rights  915 Second Ave, Suite 3142  Seattle, WA 98174  Phone: 206‐220‐4462  Fax: 206‐220‐7959  FTA Complaint procedures can also be found on the FTA web site at: www.fta.dot.gov. These procedures  are also outlined in FTA Circular 4702.1B, Chapter IX.     Appendix E – Title VI Complaint Form  Complaint Form  Instructions: If you would like to submit a Title VI complaint to Moab Area Transit (MAT), please fill out  the form below and send it to: MAT, Attn: Title VI Coordinator, 217 E Center Street, Moab, UT 84532.  For questions or a full copy of MAT’s Title VI policy and complaint procedures, call 435‐259‐4941 or  email cwilliams@moabcity.org.   Contact Information  Complainant’s Name ___________________________________________________________________  Address ______________________________________________________________________________  City  _______________________  State ______  Zip ______________  Telephone Number ______________________________________________  Email Address ___________________________________________________  Person discriminated against (if someone other than the complainant)  Name ________________________________________________________________________________  Address ______________________________________________________________________________  City  _______________________  State ______  Zip ______________  Type of Civil Rights Complaint  ☐Race ☐Gender ☐Gender Identity ☐Color ☐Religion ☐Limited English Proficiency ☐National Origin ☐Age ☐Income Status ☐Disability ☐Sexual Orientation ☐Other Service Details  Date of Occurrence: ______________________  Time of Occurrence: ______________________  Route Number: __________________________  Boarding Location: _______________________  Direction of Travel: _______________________  Destination: _____________________________  Vehicle Number: _________________________  Driver’s Name: __________________________  Driver’s Badge Number:  ___________________ Incident Information  Explain as clearly as possible what happened and why you believe you were discriminated against.  Describe all persons involved including the names and contact information of any witnesses and of those  you believe discriminated against you. You may attach any written materials or other information  relevant to your complaint.  ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Have you filed this complaint with any other federal, state, or local agency; or with any federal or state  court? Yes No  If yes, check each box that applies  ☐Federal Agency ☐Federal Court ☐State Agency ☐State Court ☐Local Agency Please provide a contact name at the agency/court where the complaint was filed:  ___________________________________________________________________________  Complainant’s Signature: __________________________ Date: __________  Título VI Denuncia Forma  Instrucciones: Si desea enviar una queja de Título VI a Moab Area Transit (MAT), complete el formulario  a continuación y envíelo a: MAT, Attn: Title VI Coordinator, 217 E Center Street, Moab, UT 84532. Si  tiene preguntas o para obtener una copia completa de la política del Título VI y los procedimientos de  quejas de MAT, llame al 435‐259‐4941 o enviar un correo electrónico a cwilliams@moabcity.org.   Su Información de Contacto  Su Nombre ___________________________________________________________________________  Domicilio ____________________________________________________________________________  Cuidad  _______________________  Estado ______  Código Postal ______________  Teléfono _______________________________________________________________  Correo Electrónico _______________________________________________________  Persona Discriminada (si alguien más que usted)  Nombre ______________________________________________________________________________  Cuidad  _______________________  Estado ______  Código Postal ______________  Teléfono ________________________________________________________________  Tipo de Queja de Derechos Civiles  ☐Raza ☐Género ☐Identidad de Género ☐Color ☐Religión ☐Conocimiento Limitado del Inglés ☐Origen Nacional ☐Edad ☐Estado de Ingresos ☐Discapacidad ☐Orientación Sexual ☐Otra Detalles del Servicio  Fecha en que ocurrió: _____________________  Hora en que ocurrió: ______________________  Número de la ruta: _______________________  Lugar en que abordó: _____________________  Dirección del viaje: _______________________  Destino: ________________________________  Número del vehículo: _____________________  Nombre del conductor: ___________________  Número de la credencial del conductor:  _____________________ Información del Incidente   Explique, de la manera más clara posible, qué sucedió y por qué cree que fue discriminado. Describa a  todas las personas involucradas, incluidos los nombres y la información de contacto de cualquier testigo  y de aquellos que usted cree que lo discriminaron. Puede adjuntar cualquier material escrito u otra  información relevante para su queja.  ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ¿Han presentado esta queja con cualquier otro federal, Estado, o agencia local o con cualquier tribunal  federal o estatal?  ☐Si    ☐No  En caso afirmativo, comprobar cada cuadro que se aplica  ☐Federal Agencia ☐Federal Tribunal ☐Estado Agencia ☐Estado Tribunal ☐Agencia Local Proporcione un nombre de contacto en la Agencia donde se presentó la denuncia:  _________________________________________________________________________________  Por favor su firma: __________________________ Fecha: __________  Appendix F – Limited English Proficiency  Plan  Introduction  The Limited English Proficiency (LEP) Plan for Moab Area Transit (heretofore referred to as MAT) has  been developed in response to federal requirements included under Section 601 of Title VI of the Civil  Rights Act of 1964 (42 U.S.C. 2000d), which provides that no person shall “on the grounds of race, color  or national origin be excluded from participation in, be denied the benefits of, or be subjected to  discrimination under any program or activity receiving Federal financial assistance.”   Policy Statement  Federal Executive Order No. 13166, issued in August 2000 by President Clinton, "Improving Access to  Services for Persons with Limited English Proficiency," was created to "... improve access to federally  conducted and federally assisted programs and activities for persons who, as a result of national origin,  are limited in their English proficiency (LEP)..." President Bush affirmed his commitment to Executive  Order 13166 through a memorandum issued on October 25, 2001, by Assistant Attorney General for  Civil Rights, Ralph F. Boyd, Jr. and Acting Assistant Attorney General, Loretta King directed a  strengthening of enforcement of Title VI in a memorandum dated July 10, 2009.   As a sub‐recipient of funds from the Federal Transit Administration (FTA), through the Utah Department  of Transportation (UDOT), this Limited English Proficiency (LEP) Plan for Moab Area Transit (MAT) has  been developed to ensure compliance with Federal LEP regulations. It includes an assessment of the  limited English proficiency needs of our area, an explanation of the steps we are currently taking to  address these needs, and the steps we plan to take in the future to ensure meaningful access to our  transit programs by persons with limited English proficiency.  Four‐Factor Analysis  1.The number or proportion of LEP persons eligible in MAT service area who may be served or likely to encounter a MAT program, activity, or service MAT examined the 2016 ACS 5‐year data online (http://data.census.gov) and determined that approximately 12.3% of Grand County households speak a language other than English at home while 2.4% of Grand County households qualify as LEP. In San Juan County, 45.4% of households speak a language other than English at home while 7.4% of households qualify as LEP. Of the languages spoken other than English, Spanish is the dominant language in Grand County while the “Other” classification is dominant in San Juan County, presumably a large portion is Diné/Navajo given the county’s cross‐boundary with the Navajo Nation Reservation. 2.The frequency with which LEP individuals come in contact with a MAT program, activity, or service MAT will assess the frequency at which staff and drivers have or could possibly have contact with LEP persons. This includes documenting phone inquiries and verbally surveying drivers. The City of Moab partners with the Moab Valley Multicultural Center to provide translators at municipal public meetings for LEP populations and shall do the same for MAT public meetings. The microtransit service zone will likely serve LEP communities looking to access jobs,  education, healthcare, and other resources/services in downtown Moab.  3.The nature and importance of the program, activity, or service provided by MAT to LEP community The MAT flexible route service area is important to the LEP community as it provides convenient transport to/from job centers, healthcare, and cultural centers. 4.The resources available to MAT and overall costs MAT assessed its available resources that could be used for providing LEP assistance This included identifying translation services, identifying which documents are most needed to be translated and looking for organizations such as the Moab Valley Multicultural Center to partner with that would help MAT do outreach to the LEP community. The City of Moab also has staff who can speak Spanish or Diné/Navajo and can help improve communications with the LEP community. After analyzing the four factors, MAT developed the plan outlined in the following section for assisting  persons of limited English proficiency.  Limited English Proficiency Plan Outline  1.How to identify an LEP person who needs language assistance Below are tools to help identify persons who may need language assistance: Examine records requests for language assistance from past meetings and events to anticipate the possible need for assistance at upcoming meetings; When MAT sponsored workshops or conferences are held, set up a sign‐in sheet table, have a staff member greet and briefly speak to each attendee. To informally gage the attendee’s ability to speak and understand English, ask a question that requires a full sentence reply; Frequently survey drivers and other first line staff of any direct or indirect contact with LEP individuals. 2.Language Assistance Measures MAT has or will implement the following LEP procedures. The creation of these steps is based on the low percentage of persons speaking other languages or not speaking English at least “well,” and the lack of resources available in MAT service area: All printed schedules for the microtransit service will be translated into Spanish. MAT will have pre‐recorded information in Spanish and procedures for Spanish speakers to obtain additional information on its phone system. MAT will seek drivers and staff who speak Spanish and who are able to help give assistance to the LEP community. MAT’s website will provide an option to translate the entire site into various languages including Spanish. When an interpreter is needed, in person or on the telephone, and MAT staff has exhausted the above options, staff will first attempt to determine what language is required. MAT will then work with local LEP support organizations to provide these translation services. 3.MAT Staff Training All MAT staff will be provided with the LEP Plan and will be educated on procedures to follow. This  information will also be part of MAT staff orientation process for new hires. Training topics are listed  below:    Understanding the Title VI policy and LEP responsibilities;   What language assistance services MAT offers;   Who is available within existing MAT staff to help with LEP persons;   How to use the online translation services;   Documentation of language assistance requests;   How to handle a Title VI and/or LEP complaint (this process is contained in Appendix D)    4. Outreach Techniques  MAT does not have a formal practice of outreach techniques due to the lack of LEP population and  resources available in the service area. However, the following are a few options that MAT will  incorporate when and/or if the need arises for LEP outreach:   If staff knows that they will be presenting a topic that could be of potential importance to an LEP  person or if staff will be hosting a meeting or a workshop in a geographic location with a known  concentration of LEP persons, meeting notices, fliers, advertisements, and agendas will be  printed in an alternative language, based on known LEP population in the area.   When preparing a general public meeting notice, staff will insert the clause, based on the LEP  population and when relevant, that translates into “A (insert alternative Language) translator  will be available”. For example: “Un traductor del idioma español estará disponible” which  means “A Spanish translator will be available”.   Key printed materials, including but not limited to schedules and maps, will be translated and  made available at MAT offices, on board vehicles and in communities when a specific and  concentrated LEP population is identified.    5. Monitoring and Updating the LEP Plan  This plan is designed to be flexible and is one that can be easily updated. At a minimum, MAT will  follow the Title VI Program update schedule for the LEP Plan. Each update should examine all  plan components such as:   How many LEP persons were encountered?   Were their needs met?   What is the current LEP population in MAT service area?   Has there been a change in the types of languages where translation services are needed?   Is there still a need for continued language assistance for previously identified MAT programs?  Are there other programs that should be included?   Have MAT’s available resources, such as technology, staff, and financial costs changed?   Has MAT fulfilled the goals of the LEP Plan?    Were any complaints received?    6. Dissemination of MAT Limited English Proficiency Plan  MAT includes the LEP Plan with its Title IV Policy and Complaint Procedures. MAT’s Notice of Rights  under Title VI to the public is posted in MAT office, on all MAT vehicles, and in selected printed materials  and also refers to the LEP Plan’s availability.  Any person, including social service, non‐profit, and law enforcement agencies and other community  partners with internet access will be able to access the plan.  Copies of the LEP Plan will be provided, on request, to any person(s) requesting the document via  phone, in person, by mail or email. LEP persons may obtain copies/translations of the plan upon  request.  Any questions or comments regarding this plan should be directed to MAT Title VI Coordinator.  MAT Title VI Coordinator  City of Moab  217 E Center Street  Moab, UT 84532  Phone: 435‐259‐4941  Email: cwilliams@moabcity.org  Appendix G – Service Standards  Moab Area Transit  For Vehicle Load, Vehicle Headways, On‐time Performance, Service Availability  And  Service Policies for Transit Amenities and Vehicle Assignments  As required by the Federal Transit Administration (FTA) as part of the Title VI program, Moab Area  Transit (MAT) has standards for its services for minimum levels for vehicles, performance, service  availability and service standards.  These standards are important to ensure reliable service that is transparent to the general public,  especially our riders.  The MAT network will begin as a microtransit service for the first years of operation, then will be  evaluated for a potential fixed route service based on microtransit ridership trends.  Vehicle Load Standards  MAT will operate a mix of vehicle sizes to operate the microtransit service, including at least one ADA‐ compliant vehicle during all operating hours. Each vehicle will have a maximum seated capacity  determined by the manufacturer and the number of seats and seat belts in the vehicle. The maximum  vehicle load standard will be this maximum seated capacity.   MAT may not always load at maximums based on external factors such as weather or local, state, or  federal health guidelines (e.g., reduced capacity due to COVID‐19).   Vehicle Headway Standards  MAT operates a seasonal service in a natural recreation economy where demand grows and shrinks  significantly based on the time of year. This requires vehicle service standards to vary significantly  throughout the year. Operating and response times vary by peak and off‐peak season, mid‐March to  mid‐October and mid‐October to mid‐March, respectively.   Microtransit response time involves the consideration of a number of factors including: demand,  ridership productivity (riders/hour), transit friendly streets, housing density and population, seasonality,  activities, regional planning, transit developments, land use connectivity and transportation demand  management. MAT considers all these factors in determining its annual schedule and service planning.  Below is the planned service schedule for the microtransit zone:  Peak Season (Mid‐March to Mid‐ October)  Off‐Season (Mid‐October to Mid‐ March)  Operating Days Mon – Sun Mon – Fri   Operating Hours 7am – 6pm 8am‐4pm  Response Time 30min or less 30min or less  Vans in Operation 2 1  These headway and operating hour standards are estimated minimums. MAT will seek to improve upon  these minimums as resources allow, as part of establishing an effective transit network.  On‐time Performance Standard  MAT will measure response time performance through its microtransit provider’s management  software, which will provide reporting on trip pickup and drop‐off times, duration, and  origin/destination. MAT currently defines an acceptable (on‐time) response time as 30 minutes or less,  and an unacceptable response time as more than 30 minutes.  MAT on‐time performance objective for all transit routes is 90% or better.  Service Availability Standard  All passengers within the City of Moab’s borders and those immediately adjacent to Moab will be able to  access MAT’s microtransit service, as defined by MAT’s final microtransit service area. Additionally,  passengers between the City of Moab and Spanish Valley. Microtransit vehicles will provide a door‐to‐ door service, picking passengers up at their request location and dropping them off at their desired  destination within the service zone.  Transit Amenities  For microtransit service, MAT will work to identify park and ride areas for its passengers. Passenger  amenities at these locations will be limited. As fixed route service is developed, MAT will work to  develop bus stops with possible amenities such as benches, lighting, signage, and sidewalk connections.  Vehicle Assignments for Each Mode  Microtransit vehicles will be equipped with air conditioning and padded seats. More vehicles will  operate in the peak season than in the off‐peak season. At least one ADA‐compliant vehicle will operate  during service hours. Vehicle age should not exceed 8 years. Winter conditions may also require  different vehicle types.  FTA Drug and Alcohol Policy – City of Moab (Moab Area Transit) Page 1 of 9  City of Moab (Moab Area Transit) Effective as of [mm/dd/yyyy] Adopted by: ___________________Date Adopted: [dd/mm/yyyy] Last Revised: [dd/mm/yyyy] Drug and Alcohol Policy EXHIBIT 2 FTA Drug and Alcohol Policy – City of Moab (Moab Area Transit) Page 2 of 9  Table of Contents 1.Purpose of Policy ................................................................................................................................. 3  2.Covered Employees ............................................................................................................................. 3  3.Prohibited Behavior ............................................................................................................................ 3  4.Consequences for Violations ............................................................................................................... 4  5.Circumstances for Testing ................................................................................................................... 4  6.Testing Procedures .............................................................................................................................. 6  7.Test Refusals ........................................................................................................................................ 7  8.Voluntary Self‐Referral ........................................................................................................................ 8  9.Prescription Drug Use ......................................................................................................................... 8  10.Contact Person .................................................................................................................................... 8  Attachment A: Covered Positions ................................................................................................................. 9  FTA Drug and Alcohol Policy – City of Moab (Moab Area Transit) Page 3 of 9  1.Purpose of Policy This policy complies with 49 CFR Part 655, as amended and 49 CFR Part 40, as amended. Copies of Parts 655 and 40 are available in the drug and alcohol program manager’s office and can be found on the internet at the Federal Transit Administration (FTA) Drug and Alcohol Program website http://transit-safety.fta.dot.gov/DrugAndAlcohol/. All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with 49 CFR Part 655. Portions of this policy are not FTA-mandated, but reflect City of Moab (Moab Area Transit)’s policy. These additional provisions are identified by bold text. In addition, DOT has published 49 CFR Part 32, implementing the Drug-Free Workplace Act of 1988, which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace. An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify [decide who to notify] no later than five days after such conviction. 2.Covered Employees This policy applies to every person, including an applicant or transferee, who performs or will perform a “safety-sensitive function” as defined in Part 655, section 655.4. You are a covered employee if you perform any of the following: Operating a revenue service vehicle, in or out of revenue service Operating a non-revenue vehicle requiring a commercial driver’s license Controlling movement or dispatch of a revenue service vehicle Maintaining (including repairs, overhaul and rebuilding) of a revenue service vehicle or equipment used in revenue service Carrying a firearm for security purposes See Attachment A for a list of covered positions by job title. 3.Prohibited Behavior Use of illegal drugs is prohibited at all times. Prohibited drugs include: marijuana cocaine FTA Drug and Alcohol Policy – City of Moab (Moab Area Transit) Page 4 of 9  phencyclidine (PCP) opioids amphetamines All covered employees are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater. All covered employees are prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety-sensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. If the on-call employee claims the ability to perform his or her safety-sensitive function, he or she must take an alcohol test with a result of less than 0.02 prior to performance. All covered employees are prohibited from consuming alcohol within four (4) hours prior to the performance of safety-sensitive job functions. All covered employees required to take a post-accident test are prohibited from consuming alcohol for eight (8) hours following involvement in an accident or until he or she submits to the post-accident drug and alcohol test, whichever occurs first. 4.Consequences for Violations Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety-sensitive duty and referred to a Substance Abuse Professional. Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties until the start of their next regularly scheduled duty period (but for not less than eight hours) unless a retest results in the employee’s alcohol concentration being less than 0.02. Zero Tolerance Per City of Moab (Moab Area Transit) policy, any employee who tests positive for drugs or alcohol (BAC at or above 0.04) or refuses to test will be referred to a Substance Abuse Professional (SAP) and terminated from employment. 5.Circumstances for Testing Pre-Employment Testing A negative pre-employment drug test result is required before an employee can first perform safety- sensitive functions. If a pre-employment test is cancelled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety-sensitive functions. FTA Drug and Alcohol Policy – City of Moab (Moab Area Transit)   Page 5 of 9    If a covered employee has not performed a safety-sensitive function for 90 or more consecutive calendar days, and has not been in the random testing pool during that time, the employee must take and pass a pre-employment test before he or she can return to a safety-sensitive function. A covered employee or applicant who has previously failed or refused a DOT pre-employment drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements. Reasonable Suspicion Testing All covered employees shall be subject to a drug and/or alcohol test when City of Moab (Moab Area Transit) has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made by a trained supervisor or other trained company official on the basis of specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Covered employees may be subject to reasonable suspicion alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. Post-Accident Testing Covered employees shall be subject to post-accident drug and alcohol testing under the following circumstances: Fatal Accidents As soon as practicable following an accident involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee operating the public transportation vehicle at the time of the accident. In addition, any other covered employee whose performance could have contributed to the accident, as determined by City of Moab (Moab Area Transit) using the best information available at the time of the decision, will be tested. Non-fatal Accidents As soon as practicable following an accident not involving the loss of a human life, drug and alcohol tests will be conducted on each covered employee operating the public transportation vehicle at the time of the accident if at least one of the following conditions is met: (1) The accident results in injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident (2) One or more vehicles incurs disabling damage and must be towed away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident FTA Drug and Alcohol Policy – City of Moab (Moab Area Transit) Page 6 of 9  In addition, any other covered employee whose performance could have contributed to the accident, as determined by City of Moab (Moab Area Transit) using the best information available at the time of the decision, will be tested. A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. Random Testing Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety-sensitive functions are performed. Testing rates will meet or exceed the minimum annual percentage rate set each year by the FTA administrator. The current year testing rates can be viewed online at www.transportation.gov/odapc/random-testing-rates. The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer-based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made. A covered employee may only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty. Each covered employee who is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site. 6.Testing Procedures All FTA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended. Dilute Urine Specimen If there is a negative dilute test result, City of Moab (Moab Area Transit) will conduct one additional retest. The result of the second test will be the test of record. FTA Drug and Alcohol Policy – City of Moab (Moab Area Transit) Page 7 of 9  Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL require an immediate recollection under direct observation (see 49 CFR Part 40, section 40.67). Split Specimen Test In the event of a verified positive test result, or a verified adulterated or substituted result, the employee can request that the split specimen be tested at a second laboratory. City of Moab (Moab Area Transit) guarantees that the split specimen test will be conducted in a timely fashion. Employer decision- if employees will be required to pay for the test (may not condition analysis on employee payment). 7.Test Refusals As a covered employee, you have refused to test if you: (1)Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by City of Moab (Moab Area Transit). (2)Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. (3)Fail to attempt to provide a breath or urine specimen. An employee who does not provide a urine or breath specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test. (4)In the case of a directly-observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of a specimen. (5)Fail to provide a sufficient quantity of urine or breath without a valid medical explanation. (6)Fail or decline to take a second test as directed by the collector or City of Moab (Moab Area Transit) for drug testing. (7)Fail to undergo a medical evaluation as required by the MRO or City of Moab (Moab Area Transit)’s Designated Employer Representative (DER). (8)Fail to cooperate with any part of the testing process. (9)Fail to follow an observer’s instructions to raise and lower clothing and turn around during a directly-observed test. (10)Possess or wear a prosthetic or other device used to tamper with the collection process. (11)Admit to the adulteration or substitution of a specimen to the collector or MRO. (12)Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). (13)Fail to remain readily available following an accident. As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions, and referred to a SAP. FTA Drug and Alcohol Policy – City of Moab (Moab Area Transit) Page 8 of 9  8.Voluntary Self-Referral Any employee who has a drug and/or alcohol abuse problem and has not been notified of the requirement to submit to reasonable suspicion, random or post-accident testing or has not refused a drug or alcohol test may voluntarily refer her or himself to the City Engineer, who will refer the individual to a substance abuse counselor for evaluation and treatment. The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily seek professional substance abuse assistance before any substance use or dependence affects job performance. Any safety-sensitive employee who admits to a drug and/or alcohol problem will immediately be removed from his/her safety-sensitive function and will not be allowed to perform such function until successful completion of a prescribed rehabilitation program. 9.Prescription Drug Use The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to the City Engineer. Medical advice should be sought, as appropriate, while taking such medication and before performing safety-sensitive duties. 10.Contact Person For questions about City of Moab (Moab Area Transit)’s anti-drug and alcohol misuse program, contact Chuck Williams, PE, City Engineer. FTA Drug and Alcohol Policy – City of Moab (Moab Area Transit) Page 9 of 9  Attachment A: Covered Positions [Add list of job titles covered by this policy.] Americans with  Disabilities  Act of 1990 (ADA) Policies  and  Procedures   Moab Area Transit Date: December 2021 Authored by: Fehr & Peers Introduction and Purpose This ADA policy is written to establish operating and service guidelines and procedures for the implementation of the requirements of the Americans with Disabilities Act of 1990 (ADA), the U.S. Department of Transportation (U.S. DOT) regulations for implementing ADA (49 CFR Parts 27, 37 and 38), and applicable state laws and regulations. Moab Area Transit (MAT) operates services on a demand responsive basis, commingled on the same vehicle as ADA complementary paratransit. MAT complies with ADA requirements with respect to such services. Policy Statement It is the policy of MAT to comply with all the legal requirements of federal and state laws and regulations as they pertain to individuals with disabilities. If state laws and federal regulations are contradictory, the federal ADA regulations prevail. The transit system provides quality transportation services without discrimination to all persons including individuals with disabilities. Discrimination on the basis of disability against any person by transit system employees will not be condoned or tolerated. Goals: Service is provided in a manner that meets these goals to: 1.provide safe, accessible, and dignified services to all persons, including individuals with disabilities. 2.expedite the safe and efficient boarding, securing, transporting, and alighting of all passengers, regardless of mobility status. 3.accommodate the wide range of mobility aids within the confines of available vehicles and commercial standard equipment. Applicability: This policy applies to all transit system employees, services, facilities, and vehicles. It applies equally to all persons needing and/or using the services provided by the system. EXHIBIT 3 Moab Area Transit ADA Policy and Procedures December 2021 Page 2 Definitions: Disability: With respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. Fixed Route Service: Operates along a prescribed route according to a fixed (regular) schedule. Mobility Device: A device that is designed to assist an individual with disabilities with locomotion. Examples include wheelchairs, canes, crutches, and walkers. Also called mobility aid. Securement Area or Station: A designated location for riders using wheelchairs, equipped with a securement system. Securement Device, Equipment or System: Equipment used for securing wheelchairs against uncontrolled movement during transport. Service Animal: Any guide dog, signal dog, or other animal that has been individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Wheelchair: A mobility aid belonging to any class of three- or more- wheeled devices, usable indoors, designed or modified for and used by individuals with mobility impairments, whether operated manually or powered. General Guidance and Procedures for Implementing Policy Recruitment and Employment: As stated in the transit system’s personnel policies, the agency is an Equal Opportunity Employer (EOE) and fully complies with ADA in its recruitment, hiring and continued employment practices. Facility and Vehicle Accessibility: The transit system administrative facility, passenger facilities and vehicles shall meet or exceed the requirements of 49 CFR Parts 27, 37 and 38 and requirements of the State of Utah. If state requirements do not meet federal requirements, the federal ADA regulations prevail. All vehicles purchased for fixed route and route deviation service will be accessible. Vehicles purchased for demand response service will only be non-accessible to the extent that the demand response system, when viewed in its entirety, provides the same level of service for individuals with disabilities as for individuals without disabilities. The transit system will conduct an analysis of service equivalency prior to the acquisition of any inaccessible vehicles for demand-responsive service. Vehicle and Route Assignment: Moab Area Transit ADA Policy and Procedures December 2021 Page 3 The demand response system of MAT, when viewed in its entirety, is accessible. All trips by wheelchair users will be assigned to accessible vehicles. To the extent possible, the assignment of particular types of vehicles will be based upon rider needs. Trip denials will be tracked by whether or not a rider requires use of the lift or ramp, to monitor that service is not disproportionately denied to individuals with disabilities because an accessible vehicle is not available. MAT provides demand response rural public transportation and provides equivalent service to individuals with disabilities, that is consistent with U.S. DOT ADA regulations under 49 CFR Part 37, Section 37.77. This transportation will be provided in the most integrated setting appropriate to the needs of the individual and will be equivalent to the service provided other individuals with respect to: Response time Fares Geographic area of service Hours and days of service Restrictions or priorities based on trip purpose Availability of information and reservations capability Any constraints on capacity or availability Maintenance of Accessible Features: Accessibility features on vehicles, including lifts, ramps, wheelchair securement devices and public address systems, will be maintained in operative condition. The preventive maintenance program of MAT provides for regular and frequent maintenance checks of these features as well as preventive maintenance as recommended by the equipment manufacturers. In addition, the lift must be cycled as part of each pre-trip inspection. Inoperative Lifts and Ramps: Drivers are required to report lift or ramp failures immediately. Vehicles with inoperative lifts will be removed from service and replaced with an accessible vehicle until the inoperative lift is repaired. For vehicles equipped with ramps, it may be possible to continue in service as long as the ramp can be and is deployed manually when necessary. If an inoperative ramp cannot be (or is not) deployed manually, the transit agency will apply the policy for a vehicle with an inoperative lift. Wheelchair Accommodation: All accessible vehicles meet or exceed the requirements of 49 CFR Part 38. Transportation providers are required to carry a wheelchair and its user, as long as the lift can accommodate the size and weight of the wheelchair and its user, and there is space in the securement area for the wheelchair on the vehicle without blocking the aisle. If a vehicle lift/ramp and securement area can accommodate a wheelchair (or other mobility device), MAT will transport the device (and its user). An individual who uses a wheelchair that, when occupied, exceeds the weight rating of the vehicle lift/ramp, will be offered the opportunity to board and disembark from the vehicle separately from the wheelchair. However, transit agency personnel are not required to operate a passenger’s wheelchair. The individual may travel with another individual who can assist with operating the unoccupied wheelchair to maneuver it on and off the lift/ramp. Boarding: Drivers and scheduling practices will provide adequate time for a passenger with a disability to board and/or disembark the vehicle, which includes adjusting the schedule if Moab Area Transit ADA Policy and Procedures December 2021 Page 4 necessary and waiting for passengers to be seated before moving the vehicle. Only a properly trained transit system employee can operate the lift or ramp and secure the wheelchair in the securement station. Passengers may board facing toward or away from the vehicle. Wheelchair Securement: MAT requires that all wheelchairs be secured. Drivers should not allow a passenger to ride if they are not secured properly unless the securement system will not accommodate the wheelchair. Drivers cannot deny a passenger a ride based on the inability to secure the wheelchair. However, drivers must warn the passengers of the danger of riding in a non-secured wheelchair. Passengers who refuse to allow their wheelchairs to be secured may be denied service. Securement of wheelchairs is the responsibility of the driver. Drivers are trained in the proper operation of all securement equipment based on the equipment manufacturer’s specifications. Drivers will listen to and respect riders’ instructions on how to secure their equipment. Drivers cannot be expected to be familiar with each and every wheelchair type that may come aboard, and securement attachment points may differ by wheelchair manufacturer. The rider may be in the best position to instruct the driver on how to properly secure their mobility device. If the securement system is not compatible with the wheelchair the passenger is using, the driver will still make an attempt to safely secure the wheelchair. If the wheelchair cannot be secured because of the wheelchair design, the passenger still has the right to ride in the vehicle. Drivers must secure wheelchairs in the designated securement area only, even if the passenger wants their mobility device to be secured in a non-designated area. The wheelchair is not allowed to block the aisle. Seat belts and shoulder harnesses are required for ALL passengers. Seat belts will never be used instead of independent securement of the passenger’s wheelchair. In cases where an individual using a wheelchair attempts to board and requires use of a securement location that is currently occupied by another passenger that is not using a wheelchair, the driver will ask that passenger to allow the individual using a wheelchair to use the securement position. Driver Assistance: Drivers will make themselves available to assist individuals with disabilities and will assist upon request of the passenger. Drivers will assist a passenger with using the vehicle ramp, lift and/or securement systems using the accessibility-related equipment and features on their vehicles. Use of Lift or Ramp by Individuals with Disabilities Not Using a Mobility Device: The driver will deploy the lift or ramp for an individual with a disability who is not using a mobility device to board or alight the vehicle upon request. Accommodation of Other Mobility Devices: Mobility devices that are not wheelchairs, but which are primarily designed to for use by individuals with mobility impairments, will be accommodated to the extent that the ADA-compliant lift or ramp and securement areas can Moab Area Transit ADA Policy and Procedures December 2021 Page 5 safely do so. However, these devices are the responsibility of the individual passenger, and must be secured in a manner that does not interfere with the safe operation of the vehicles and the transport of other passengers. Transfer to Fixed Seating: All passengers using wheelchairs have an option of transferring to fixed seating once on board the vehicles. Drivers may recommend, but never require, wheelchairs users to transfer to fixed seating. No waivers are allowed to be required. Accommodation of Portable Oxygen: Individuals are allowed to travel with respirators and portable oxygen supplies on board, consistent with applicable U.S. DOT rules on the transportation of hazardous materials in 49 CFR Subtitle B, Chapter 1, Subchapter C. Priority Seating: With the exception of the wheelchair securement stations, the transit system does not require any passenger to sit in designated seating. Priority seating for seniors and individuals with disabilities is to be designated by permanent signage in each vehicle. In cases where an individual with a disability requests use of priority seating that is currently occupied by another passenger, the driver will ask that passenger to move so as to allow the individual with a disability use of the priority seating. In cases where a wheelchair user requires the use of a securement location, the driver will ask any passenger (including other passengers with disabilities) to vacate the securement location. Service Animals: In compliance with 49 CFR Part 37, the transit system allows trained service animals to accompany passengers with disabilities. The driver will not ask for proof of the qualifications of the animal but may ask what tasks the animal has been trained to perform. However, any animal which is not under the passenger’s control or which becomes a direct threat to the health or safety of other passengers may be restricted from riding. Alighting: It is the responsibility of the driver to determine that the location for passenger alighting is safe. For fixed route, the driver will allow a passenger who uses the lift or ramp to alight at any stop, unless the lift or ramp cannot be deployed, will be damaged if deployed, or conditions at the stop would present unsafe conditions for all passengers. Only the driver will unsecure the wheelchair and operate the lift or ramp to return the passenger to the ground level. Staff Training: All drivers and transit system staff are trained to proficiency in use of accessibility equipment, the operating policies related to each of the service requirements described, and in properly and respectfully assisting and treating individuals with disabilities with sensitivity. Mechanics are also trained to properly maintain lifts and other accessibility equipment. Rider Information: All printed informational materials are made available in accessible formats upon request, for example, large print for individuals with low vision or audio for blind individuals, as well as accessible electronic formats. Complaint Procedure: All complaints of discrimination on the basis of disability will be promptly and objectively investigated and forwarded to the City Engineer and promptly and objectively Moab Area Transit ADA Policy and Procedures December 2021 Page 6 investigated. MAT will promptly communicate its response to the complaint allegations, including its reasons for the response, to the complainant. The response will be documented. Corrective or disciplinary action will be taken for behavior prohibited by this policy, up to and including termination of employment. All documentation of each ADA complaint will be kept on file for a minimum of one year. Summary documentation of all ADA complaints will be kept for a minimum of five years. These are the minimum retention requirements for ADA complaint records – the Utah Open Records Act may require that files be maintained for a longer period of time. Reasonable Modification of Policy: If a passenger with a disability requires modification of any of MAT’s policies and practices to accommodate their disability to use the service, the passenger may request such a modification by contacting City of Moab’s Engineering Department. The transit system will work with the individual to find an acceptable accommodation solution. Where a request for modification cannot practicably be made and determined in advance operating personnel will make a determination of whether the modification should be provided at the time of the request. Operating personnel may consult with MAT management before making a determination to grant or deny the request. Requests for modification of policies and practices may be denied only on one or more of the following grounds: Granting the request would fundamentally alter the nature of MAT’s services, programs, or activities; Granting the request would create a direct threat to the health or safety of others; Without the requested modification, the individual with a disability is able to fully use MAT's services, programs, or activities for their intended purpose. If MAT denies a request for a reasonable modification, the agency shall take, to the maximum extent possible, other actions (that would not result in a direct threat or fundamental alteration of service) to ensure that the individual with a disability receives the services or benefit provided by MAT. Guidelines for Implementing Policy Specific to Demand Response Services Service in the Most Integrated Setting: MAT demand response transportation service is a shared-ride service. It is the policy of MAT to provide service for individuals with disabilities in the most integrated setting appropriate to the needs of the individual, including providing service to individuals with disabilities on the same vehicles and together with all other riders. Service Characteristics: MAT shall ensure that individuals with disabilities receive the same level of service as individuals without disabilities. The demand response system of MAT, when viewed in its entirety, provides an equivalent service to individuals with disabilities, including individuals who use wheelchairs, with respect to the following service characteristics: Response time: individuals with disabilities are not required to reserve services further in advance than other individuals. Moab Area Transit ADA Policy and Procedures December 2021 Page 7 Fares: individuals with disabilities are not charged higher fares than other individuals. Geographic area of service: individuals with disabilities can use the service to travel to and from the same areas as other individuals. Hours and days of service: individuals with disabilities can use the service during the same days and hours as other individuals. Restrictions or priorities based on trip purpose: travel by individuals with disabilities is not restricted by trip purpose any more than travel by other individuals. Availability of information and reservations capability: individuals with disabilities have access to the same information and reservations capability as other individuals. Any constraints on capacity or service availability: travel by individuals with disabilities is not limited by capacity any more than travel by other individuals. Passenger Assistance: Demand response services will be provided on a curb-to-curb basis. MAT drivers will assist riders with disabilities in boarding and alighting from vehicles and in securing wheelchairs. All drivers who operate MAT services will be proficiently trained in passenger assistance and sensitivity towards persons with disabilities. The staff of MAT will not lift a passenger, leave a vehicle unattended or out of visual observation for a lengthy period of time, enter a rider’s home, care for service animals, operate a power wheelchair, provide personal care attendant (PCA) service, or take actions that would be clearly unsafe. If more extensive assistance is needed by the individual than MAT can provide as provider of public transportation, the individual will be responsible for arranging for personal assistance. Staff of MAT will work with the individual and/or their caregiver/social worker to clarify parameters of the assistance that can be provided by the driver and formally document this in a letter sent to the individual. Statement on Disadvantaged Business Enterprises  The intent of Moab Area Transit (MAT) is to purchase the highest quality of goods and services at the  best possible price. In so doing, MAT will not discriminate on the basis of race, color, national origin, or  sex in the award of any contracts funded in whole, or in part, with U.S. Department of the  Transportation (DOT) funds.  It is the policy of Moab Area Transit to ensure that Disadvantaged Business Enterprises (DBEs), as  defined in CFR Part 26, have an equal opportunity to receive and participate in DOT‐assisted contracts.  Certification into the DBE program involves completion of an application with appropriate supporting  documentation, and an onsite interview by a certifying entity of the Utah Unified Certification Program  (UUCP). The UUCP conducts certifications for all DBE programs throughout the State of Utah. This  creates one DBE directory for the State of Utah. The Utah Department of Transportation (UDOT)  provides the service for the directory and the link for the DBE directory is located below. The purpose  for the UUCP is to provide for “one stop shopping” for DBE firms applying for certification in the State of  Utah.  Moab Area Transit adheres to UDOT's latest DBE Goal. For Federal Fiscal Years 2021 Through 2023,  UDOT has determined its overall DBE goal to be 0.33 percent of the total FTA funds the UDOT will  expend on FTA‐assisted contracts, not including transit vehicle purchase contracts. However, Moab Area  Transit will create goals based on each project procurement, and some may have a goal of zero if no DBE  firms are available.   If you would like further information regarding the DBE program, or an application for certification,  please contact:  Chuck Williams  435‐259‐4941  cwilliams@moabcity.org  For assistance in becoming DBE certified please contact UDOT:  801‐965‐4000  EXHIBIT 4 518 17th Street | Suite 1100 | Denver, CO 80202 | (303) 296-4300 | Fax (303) 296-4302 www.fehrandpeers.com Memorandum Date: January 19, 2022 To: Chuck Williams, PE, City Engineer, City of Moab From: Jason Miller, Annie Rice, and Mary Sizemore, Fehr & Peers Subject: Federal Transit Administration (FTA) Policies and Plans for New Moab Area Transit DN21-0713 Introduction This technical memo presents the policies, procedures, plans, and compliance documents developed by Fehr & Peers for the City of Moab and its planned transit system, preliminarily known as Moab Area Transit (MAT). The deliverables presented herein were developed for the City of Moab and MAT so that it can become eligible for FTA funds administered by Utah Department of Transportation (UDOT). Policies, plans, and compliance items described in this memo include: •Americans with Disabilities Act (ADA) Plan •Title VI Civil Rights Plan o Public Participation Policy, including Limited English Proficiency Policy o Transit Service Standards •Drug and Alcohol Policy •Equal Employment Opportunity (EEO) and Disadvantaged Business Enterprise (DBE) Plan •FTA Clauses and Certifications for Procurement The ADA Plan, Title VI Plan, and the Drug and Alcohol Policy are described herein but are provided as separate files and are intended to be standalone plans and policies for use by MAT. Chuck Williams, PE 1/19/2022 Page 2 of 10 Americans with Disabilities Act (ADA) Plan The FTA is charged with ensuring public transit providers comply with the DOT regulations implementing the transportation-related provisions of the Americans with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act of 1973, as amended. The regulations in 49 CFR Parts 27, 37, 38, and 39 set specific requirements transit providers must follow to ensure their services, vehicles, and facilities are accessible to and usable by individuals with disabilities. The ADA applies to almost all providers of transportation service, whether private or public, and whether or not an entity receives Federal financial assistance. The ADA Policy for MAT was drafted using the National Rural Transit Assistance Program (RTAP) Demand Response Service Sample ADA Policy, which provides a sample policy template for transit systems that provide general demand responsive services, fixed route with ADA paratransit, commingled fixed route and paratransit service and/or route deviation services. MAT’s service fits into this category. This policy was customized based on planned services in Moab, professional judgement, and consultation with City of Moab staff. Fehr & Peers recommends that City of Moab staff review requirements for operationalizing the policy and consult with their legal counsel to ensure this policy can be implemented according to ADA regulations. Chuck Williams, PE 1/19/2022 Page 3 of 10 Title VI Civil Rights Plan Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in federally funded programs, including public transportation. The Title VI policy developed for MAT is based on the FTA’s Title VI Circular which provides guidance and instructions to FTA funding recipients on how to comply with Title VI requirements. The policy ensures Title VI will be upheld on MAT services and describes how Title VI processes and procedures will be incorporated into the MAT’s services. The policy includes a notification to the public, complaint form, instructions for filing a complaint, and MAT’s Title VI coordinator contact information. MAT is required to provide updates to their Title VI plan to their FTA Regional Office once every three years, including: 1.A summary of public outreach and involvement activities undertaken since the last submission and a description of steps taken to ensure that minority and low-income people had meaningful access to these activities; 2.MAT’s process for persons with limited English proficiency (LEP); 3.Title VI complaint and tracking procedures; 4.A list of any Title VI investigations, complaints or lawsuits filed since the last submission; and 5.A copy of MAT’s public notice regarding Title VI compliance and public access and instructions to MAT Title VI complaint procedures. The Title VI policy outlines steps MAT can take to encourage the participation of minority, low-income, and Limited English Proficiency (LEP) populations in public meetings and further details accommodations for LEP persons who will use MAT’s services. The policy also contains MAT’s service standards and policies to ensure equal service across the microtransit service area. Furthermore, the policy contains Title VI clauses to include in any MAT contract or property transaction. Chuck Williams, PE 1/19/2022 Page 4 of 10 Drug and Alcohol Policy FTA requires employers that receive financial assistance from the FTA and by contractors of those employers, to implement programs, as specified in 49 CFR Part 655, that are designed to help prevent accidents, injuries, and fatalities resulting from the misuse of alcohol and use of prohibited drugs by employees who perform safety-sensitive functions. Although City of Moab has a drug- and alcohol- free workplace policy and testing requirements in place for employees who are required to have a commercial driver’s license (CDL), the FTA requirements are specific to transit operations, so a standalone drug and alcohol policy for MAT is necessary. Fehr & Peers utilized the FTA drug and alcohol policy builder to create a compliant policy. This policy covers MAT employees and would also extend to cover a service contractor operating MAT service on behalf of the City of Moab. Within the policy, there are several areas highlighted in red that must be completed. Random Testing Rates for 2022 FTA has announced the calendar year 2022 drug and alcohol random testing rates for transit agency employers. For 2022, the minimum random drug testing rate is 50 percent, and the random alcohol testing rate is 10 percent (both rates remained the same as in 2021). Chuck Williams, PE 1/19/2022 Page 5 of 10 Equal Employment Opportunity FTA requires entities meeting thresholds (below) to either submit or prepare and maintain an Equal Employment Opportunities (EEO) Program. An EEO Program is a detailed set of procedures and employment information designed to ensure entities meet the EEO requirements. EEO Threshold Requirements The FTA states that “Any FTA applicant, recipient, subrecipient, and contractor who meet both of the following threshold requirements must implement all of the EEO Program elements, and submit an EEO Program every four years: •Employs 100 or more transit-related employees, and •Requests or receives capital or operating assistance in excess of $1 million in the previous Federal fiscal year, or requests or receives planning assistance in excess of $250,000 in the previous Federal fiscal year. Any FTA applicant, recipient, subrecipient, and contractor who meets both of the following threshold requirements must prepare and maintain an abbreviated EEO Program: •Employs between 50-99 transit-related employees, and •Requests or receives capital or operating assistance in excess of $1 million in the previous Federal fiscal year, or requests or receives planning assistance in excess of $250,000 in the previous Federal fiscal year.” EEO Not Required for MAT Since MAT does note meet any of the threshold requirements for either a full or abbreviated FTA EEO program, MAT is not required to have an FTA EEO program at this time and will likely not meet the abbreviated program requirements for the foreseeable future. It should be noted that the City of Moab does have EEO statements and requirements as a municipality. Although not equivalent to an FTA EEO program, the existing City of Moab EEO elements to its hiring practices are important for ensuring compliant, fair, and equitable employment and hiring practices. These EEO elements can be found in the City of Moab’s Policies and Procedures - Employee Handbook. Chuck Williams, PE 1/19/2022 Page 6 of 10 Disadvantaged Business Enterprise Plan Normally, FTA funding recipients must establish a policy and goal for the share of contracts that they will award to Disadvantaged Business Enterprises (DBEs). This goal is based on the share of DBE contractors in the immediate area of the transit agency and adjusted based on several other factors. According to UDOT staff, however, FTA subrecipients (and particularly rural subrecipients) do not need to have their own DBE goal or policy and may use the goal established by UDOT. For Federal Fiscal Years 2021 Through 2023, UDOT has determined its overall DBE goal to be 0.33 percent of the total FTA funds the UDOT will expend on FTA-assisted contracts. However, MAT will create goals for each project procurement, and some may have a goal of zero if no DBE firms are available. For example, due to the lack of DBE contractors for projects relevant to MAT at the moment (contract turn-key transit operators), the potential DBE participation percentage will be zero. For future capital facility construction projects, there may be potential DBE contractors in the area and MAT would need to adhere to UDOT’s DBE goal. UDOT will also ask MAT to report on prime contracts the agency has awarded through the FTA DBE Semi-Annual form every six months, and UDOT will submit what's reported to FTA. Though MAT is not required to have a DBE policy, Fehr & Peers recommends that the DBE statement (below) be published on MAT’s website in order to demonstrate a good faith effort to support DBEs in the area. This statement includes common language from statements by Utah Transit Authority and the Cache Valley Transit District. It also explains MAT’s adherence to UDOT’s DBE goal and effort to support DBEs when geographically possible. Statement on Disadvantaged Business Enterprises The intent of Moab Area Transit (MAT) is to purchase the highest quality of goods and services at the best possible price. In so doing, MAT will not discriminate on the basis of race, color, national origin, or sex in the award of any contracts funded in whole, or in part, with U.S. Department of the Transportation (DOT) funds. It is the policy of Moab Area Transit to ensure that Disadvantaged Business Enterprises (DBEs), as defined in CFR Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. Certification into the DBE program involves completion of an application with appropriate supporting documentation, and an onsite interview by a certifying entity of the Utah Unified Certification Program (UUCP). The UUCP conducts certifications for all DBE programs throughout the State of Utah. This creates one DBE directory for the State of Utah. The Utah Department of Transportation (UDOT) Chuck Williams, PE 1/19/2022 Page 7 of 10 provides the service for the directory and the link for the DBE directory is located below. The purpose for the UUCP is to provide for “one stop shopping” for DBE firms applying for certification in the State of Utah. Moab Area Transit adheres to UDOT's latest DBE Goal. For Federal Fiscal Years 2021 Through 2023, UDOT has determined its overall DBE goal to be 0.33 percent of the total FTA funds the UDOT will expend on FTA-assisted contracts, not including transit vehicle purchase contracts. However, Moab Area Transit will create goals based on each project procurement, and some may have a goal of zero if no DBE firms are available. If you would like further information regarding the DBE program, or an application for certification, please contact: Chuck Williams, PE 435-259-4941 cwilliams@moabcity.org For assistance in becoming DBE certified please contact UDOT: 801-965-4000 Chuck Williams, PE 1/19/2022 Page 8 of 10 Procurement The City of Moab has purchasing procedures defined in Chapter 2.28 of its municipal code. Fehr & Peers reviewed these purchasing procedures in light of the FTA third part contracting guidance, as defined by FTA Circular 4220.1F. FTA Procurement Thresholds FTA procurements have three threshold designations: micro-purchases, small purchases, and large purchases. Please note that the City of Moab may have a lower threshold for each category, and if this is the case, use the City of Moab/State of Utah thresholds (always use the more restrictive threshold). Moab and/or the State of Utah may also have different names for these methods, or additional methods. It should also be noted that FTA grantees should not split a larger purchase into two or more smaller purchases in order to avoid the competitive proposal process. Micro-Purchases On June 20, 2018, the micro-purchase threshold increased from $3,500 to $10,000, per the Office of Management and Budget (OMB) Memorandum M-18-18, and in OMB changes to 2 CFR Part 200 on August 13, 2020. A purchase of $10,000 or less is considered a micro-purchase and does not require obtaining competitive quotations if it is determined that the price to be paid is fair and reasonable. It should be noted that construction contracts exceeding $2,000 do trigger the requirements of the Davis-Bacon Act and the Copeland “Anti-Kickback” Act, both of which protect construction employees. While a competitive process is not required, it is a good practice to informally compare prices from different vendors to ensure the price that was quoted is in fact fair and reasonable. For more information on micro-purchasing, see the FTA Circular 4220.1F. Small Purchases As described in Section 3.4.2 of the FTA Best Practices Procurement and Lessons Learned Manual, small purchase procedures are used for the acquisition of services, supplies or other property that cost less than the federal simplified acquisition threshold. This threshold was increased to $250,000 in OMB memorandum M-18-18 issued on June 20, 2018, as followed by changes to 2 CFR Part 200 on August 13, 2020. The City of Moab must follow thresholds established by the State of Utah, which may be lower than the federal thresholds. Small purchases do not require a full competitive proposal process, but subrecipients do have to get solicitations and quotations from at least two sources. This can be done either in writing or orally. Chuck Williams, PE 1/19/2022 Page 9 of 10 Large Purchases Any purchase that is above the small purchase threshold of $250,000 is considered a large purchase and must have a competitive procurement, most commonly either through a sealed bid (also referred to as “invitation for bid method” or “formal competition”) or competitive proposal (also referred to as “request for proposals (RFP) method” or “competitive negotiation”) process. Sealed Bids - According to FTA Circular 4220.1F, the sealed bid process is one in which “bids are publicly solicited, and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is lowest in price.” An example of this is the purchase of diesel fuel. Competitive Proposals - According to FTA Circular 4220.1F, the competitive proposal process should be used when “the nature of the procurement does not lend itself to sealed bidding and the recipient expects that more than one source will be willing and able to submit an offer or proposal.” Examples of this would be contracting for professional services such as consulting or operations management or purchasing dispatching software. FTA Clauses and Certifications FTA requires certain clauses and certifications to be included with small and large purchases. Fehr & Peers finds that the easiest way to determine the appropriate clauses and certifications is to utilize the Procurement PRO tool of the National Rural Transit Assistance Program, also known as RTAP. We recommend that the City of Moab set up an RTAP account and use the Procurement PRO tool to provide the necessary FTA clauses and certifications ahead of all small and large purchases. As a double-check, we recommend also referring to the FTA Best Practices Procurement and Lessons Learned Manual for verification that all applicable clauses and certifications have been generated by Procurement PRO. Prohibition Against Geographic Preference FTA Circular 4220.1F prohibits geographic preference in non-architectural and engineering (A&E) procurements where FTA funds are used. When FTA funds are being used to fund a project, the City of Moab/MAT must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. When contracting for A&E services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. Chuck Williams, PE 1/19/2022 Page 10 of 10 Fehr & Peers notes that the City of Moab currently has a geographic preference in its procurement ordinance, as stated in section 2.28.090, that must not be followed when FTA funding is being used. Recommendation Fehr & Peers recommends that this procurement section, along with the FTA Circular 4220.1F, be reviewed by City of Moab legal counsel to determine what changes or amendments to existing procurement ordinances may be required. Moab City Council Agenda Item Meeting Date: January 25, 2022 Title: Approval of a Memorandum of Understanding to develop a Water Utility Resource Management Plan Disposition: Discussion and possible action Staff Presenter: Carly Castle, Acting City Manager Chuck Williams, City Engineer Attachment(s): Attachment 1 – Memorandum of Understanding to develop a Water Utility Resource Management Plan Attachment 2 – Water Utility Resource Management Plan Scope of Work and Proposal Recommended Motion: “I move to approve the Memorandum of Understanding with Grand Water & Sewer Service Agency and the San Juan County Special Services District to develop a Water Utility Resource Management Plan and authorize the Mayor to sign it.” Background/Summary: There are 3 primary Public Water Systems in the Moab/Spanish Valley (Valley). They are: 1. City of Moab 2. Grand Water & Sewer Services Agency 3. San Juan County Special Services District These agencies have authorities and responsibilities as authorized by the Utah Safe Drinking Water Act (Title 19, Chapter 4 of the Utah Code) and other applicable statutes. Part of the Vision of the State Division of Drinking Water (DDW) is “to empower water systems to be more resilient, proactive, and with a greater financial and technical capacity; to be able to plan for and provide Utahns with access to safe and reliable drinking water now and into the future.” The planning effort being proposed within this document is consistent with this Vision. Over the last five years several scientific studies have been completed regarding existing and future water supply in the Valley. Based on the studies and subsequent analysis City staff and the Utah Division of Water Rights (UDWR) staff agree that the Valley has not exceeded safe yield, the condition whereby the aquifer is being consumed more than it is being recharged. If safe yield had been exceeded UDWR has the authority to conduct a state led Groundwater Management Plan. UDWR has chosen not to do that at this time. In the interest of being proactive in managing the water resource in the Valley under their purview the 3 Primary Water Systems have formed a Coalition to collaboratively work together on water issues as they relate to their statutory responsibilities. The attached Water Utility Resource Management Plan (Plan) is the result of discussions with the Coalition and UDWR over the last 6 months. This plan will assist these agencies in implementing policies intended to ensure resilient water resource management for residents, visitors, and businesses for the next 100 years. The Plan will be prepared by Hansen, Allen & Luce, one of the premier Water Resource firms in the state and a firm that is on our On-Call Professional Services list. Since the two Districts do not have land use authority that may be beneficial in implementing the Plan, Grand and San Juan County have also agreed to participate in the Plan process. The City has not only Primary Water System status but also has land use authority. The attached Memorandum of Understanding (MOU) provides for sharing of the costs for development of the Plan. The City has the money for the study budgeted as part of the 2021 Water Bond. The sharing of costs is based on a five-year average of culinary water use by the Coalition partners. City staff recommends approval of the MOU as it will allow for development of a locally led and adopted Water Utility Resource Management Plan that will evaluate policies and projects that will provide for water in the Valley for the next 100-years. Memorandum of Understanding Page 1 of 2 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this day of , 2022, by and between City of Moab (“Moab”), Grand Water & Sewer Service Agency (“Grand”), and San Juan Spanish Valley Special Service District (“San Juan”). Moab, Grand, and San Juan are referred to herein collectively as “Parties” or individually as a “Party.” 1. The Parties have agreed to work cooperatively to develop a Water Utility Resource Management Plan (“Plan”) with the intended goal of ensuring resilient management of water resources for the residents and visitors to the Moab/Spanish Valley area for the next 100 years. The Plan will consider surface water and groundwater sources and uses. 2. The Plan Management Team, which will consist of Moab, Grand, San Juan, and Moab Irrigation Company (“MIC”), will select an independent consultant and other professionals, as needed, to establish and carry out a scope of work to produce the Plan. 3. The consultant and other professionals that are selected by the Plan Management Team will be engaged by Moab, and Moab will pay the fees and costs invoiced by the consultant and other professionals. The Parties agree to share in these fees and costs according to the following percentages, which have been calculated based on reported five-year average culinary water usage: Moab: 57.9% Grand: 39.6% San Juan: 2.5% Grand and San Juan agree to reimburse Moab for their respective share of the fees and costs. Moab agrees that Grand and San Juan can pay their respective shares in two equal payments (one payment in 2022/2023 fiscal year and one payment in 2023/2024 fiscal year). [Signatures on following page] Memorandum of Understanding Page 2 of 2 CITY OF MOAB Mayor Attest: City Recorder GRAND WATER & SEWER SERVICE AGENCY By: Its: SAN JUAN SPANISH VALLEY SPECIAL SERVICE DISTRICT By: Its: Attachment A TASK ORDER NO. 380.15.100 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: CITY OF MOAB Effective Date of Master Agreement: April 22, 2014 THIS TASK ORDER NO. 380.15.100 (“this TASK ORDER”) to the CITY OF MOAB MASTER AGREEMENT FOR PROFESSIONAL SERVICES (AGREEMENT) is made and entered into as of the day of by and between OWNER and HANSEN, ALLEN & LUCE, INC., a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: Water Utility Resource Management Plan 2. PROJECT SITE. The PROJECT SITE is located as follows: Moab/Spanish Valley, Utah. 3. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER are attached hereto as Exhibit A. 4. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $230,000. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the AGREEMENT. 5. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within 180 days following written authorization from the OWNER to proceed. 6. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK and agree that such items are hereby incorporated into and made part of the AGREEMENT. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. OWNER: City of Moab ENGINEER: By: By: Printed Name: Printed Name: Benjamin D. Miner Its: Its: Senior Principal EXHIBIT A  SCOPE OF SERVICES CITY OF MOAB WATER UTILITY RESOURCE MANAGEMENT PLAN FOR THE MOAB/SPANISH VALLEY WATER PROVIDERS BACKGROUND The City of Moab and surrounding communities of the Moab Spanish Valley are experiencing a sustained population growth and increasing tourist visitation. This growth has led to increasing water demand, which may be approaching the limits of existing water sources. This growth has affected areas of Grand and San Juan Counties containing the City of Moab (Moab), the Grand Water & Sewer Service Agency (GWSSA), the San Juan Spanish Valley Special Service District (SJVSSD) and the Moab Irrigation Company (MIC). These organizations recognize the need for coordination, consistent water policies and the possibility of sharing water resources. They are considering shared new source projects as a way to maximize individual resources. They desire to prepare and implement a water utility resource management plan. This plan will assist these agencies in implementing policies intended to ensure resilient water resource management for residents, visitors and businesses for the next 100 years. In support of this vision, Moab, GWSSA, SJVSSD and MIC are forming a coalition of water providers (Coalition) for the purpose of studying long-term water and policy planning. Hansen, Allen & Luce, Inc.(HAL) has been selected, along with its team members, to perform the study. Team members include Sunrise Engineering, Inc. to support GWSSA and Smith-Hartvigsen PLLC to provide legal guidance. SCOPE OF WORK Task 100 - Project Management and Meetings Objective: Communicate and coordination with Coalition members 101. General project coordination and communication with Coalition members. Project management. Receive phone calls and emails. Prepare email responses. Answer questions. 102. Start-up meeting in Moab with Coalition members to discuss the project, expected outcomes and goals. 103. Meeting with the Utah Division of Water Rights to discuss water rights policy for Moab and the Spanish Valley. Discuss the current water rights policy as well as possible modifications. Discuss the Division’s view on further water source development. 104. Status meetings as required. Assume two video meetings. EXHIBIT A  105. Issues and Opportunity Workshop. Meet with Coalition members to discuss existing and future source needs. Prepare available data, discuss source needs and possible solutions at the feasibility level and present to Coalition members. Conveyance and storage alternatives may also be discussed. Identify additional analyses to be performed and questions to be answered. 106. Solutions workshop by video. Presentation of alternatives and solutions. Final discussion of solutions. Coalition members may select preferred alternatives. 107. Final presentation to public in Moab. Prepare and provide a final presentation to the public and Coalition members (Same meeting as Task 412a). Deliverables: Meeting notes and documentation. Task 200 - Internal Stakeholder Engagement Objective: Engage with each Coalition member to obtain data and individual input on key issues. 201. Identify and engage with each Coalition member (Moab City and Public Officials, Water Conservation and Drought Management Advisory Board, Grand Water & Sewer Service Agency (GWSSA) along with Grand County, Moab Irrigation Company, and San Juan Spanish Valley SSD along with San Juan County to discuss the purpose of study and the source needs of each Coalition member. Transparently share knowledge on all data and project outcomes. Deliverables: Summary of data received. Task 300 - Data Collection Objective: Collect and review existing data in support of the study. 301. Gather and review existing studies and previously completed work related to water supply. Review studies and identify key concepts applicable to the current study. Collate studies and develop a resource library. 302. Gather data on population and tourism, historical growth and previously completed future population projections. Preference is to use recent locally developed projections if available. If local projections are unavailable, population projections from the Kem C. Gardner Policy Institute at the University of Utah may be used or other data approved by the Coalition. EXHIBIT A  303. Gather data on historical water use and existing water supplies. This data will be provided by Coalition members or taken from water use values provided to state agencies. 304. Coordination meeting with Sunrise Engineering to identify their previously completed work. Identify aspects relevant to the current study. Review data and coordinate with Sunrise. 305. Receive relevant data and studies from each Coalition member. Coalition members will provide existing water use data, growth projections, future water need projections, source capacity listings, an existing water rights inventory, existing master plans, infrastructure locations and other available data needed for the study. 306. Presentation of stakeholder input in a video meeting. Discuss data received and review additional data needs and availability. Deliverables: Data Summary Task 400 – Data Evaluation and Plan Preparation Objective: Prepare a water utility resource management plan for the Moab Spanish Valley. The plan will include ground water and surface water options. It is anticipated that the plan will address water planning for the 20, 50 and 100 year times frames (or as approved by the Coalition). 401. Summarize sources and production capacities for each Coalition member. Existing source and production capacities will be provided by Coalition members. Identify peak seasons and peak demands. Coalition members will provide meter data if available. Summarize types of water usage in tables. 402. Summarize and review types and quantities of water needed by Coalition member. Coalition members will provide their own existing and known projected water demands. If needed, HAL will work with Coalition members to estimate future demands by looking at general plans, zoning ordinances, population projections and/or Coalition members future growth estimates. Compare the future water need and availability. 403. Consider possible effects of drought and climate change. Review available data on declining aquifer levels and declining Colorado River flows. 404. Identify conservation goals/options with Coalition members and explore policy, procedure and code options. EXHIBIT A  405. Evaluate alternatives of sharing water resources by forming a water district, water conservancy district, similar type of district or via governmental agreements. 406. Identify potential solutions to meet existing and future water supply needs a. Groundwater development b. Cooperative use c. Aquifer storage and recovery d. Conservation i. Public engagement campaign ii. Tiered rates iii. Land use ordinances, landscaping restriction, or prescriptive landscaping; development standards iv. Identify likely potential savings from conservation e. Treatment of water from the Colorado River f. Wastewater treatment reuse and recharging g. Agricultural (Secondary) Water Use Optimization 407. Review water rights and provide recommendations on water right planning a. Collect water rights data from Coalition members. Each Coalition member will provide a list of water rights, quantities and status. Prepare a water right inventory. This is a summary of water rights, but not a comprehensive review. b. Compare water needs to existing water rights for each Coalition member and the whole group. Identify apparent shortfalls or rights that may be available to share. c. Meet with the Utah Division of Water Rights to discuss ability to share resources. Discuss Division requirements and expectations from the water policy. Address the possibility of using a portion of Colorado River Water. 408. Conceptual design of alternatives a. Prepare conceptual designs of supply infrastructure alternatives b. Prepare initial cost estimates c. Hold meeting video meeting with Coalition members to review ideas and costs. d. Update / add alternatives based on Coalition members’ input. e. Prepare a capital facilities plan with project list, timetable and identified roles and responsibilities. 409. Consider legal and regulatory implications of projects a. Water rights b. Possible cooperating agency, special district, or conservancy district c. Comments will be provided by Smith-Hartvigsen 410. Prepare Water Utility Resource Management Plan a. Prepare draft plan, including an implementation strategy, list of projects andschedule EXHIBIT A  b. Prepare / update cost estimates of project construction and engineering c. Provide Coalition members with copy of draft plan d. Present draft plan to Coalition members and stakeholders e. Meet with Coalition member to discuss plan 411. Public engagement plan a. Initial public open house to present issues and possible solutions in coordination with coalition members b. Social media campaign (City’s Facebook page and website and County public engagement plan) c. Comment and response period planning and coordination d. Meeting with internal stakeholders to discuss public input (video) e. Follow-up technical analysis, if needed (effort limited to available budget). f. Public open house and presentation of final plan (optional for additional budget) 412. Final presentation of Water Utility Resource Management Plan a. Meet with Coalition if desired to present the final plan with mapping, text and graphics b. Finalize PDF plan Deliverables:  Draft and Final Water Utility Resource Management Plan  Supporting documentation of the plan ASSUMPTIONS  The Hansen, Allen & Luce, Inc. Scope of Work and Fee have been developed and estimated assuming that the project will proceed in general conformance with this task order.  Coalition members will provide requested data and provide plan input.  Sunrise Engineering will be a subconsultant to HAL and will provide coordination with GWSSA within the budget provided.  Smith-Hartvigsen will provide legal guidance, review and comments within the budget provided. If additional budget is needed, HAL will notify the Coalition and additional scope will be discussed as needed. EXHIBIT B STANDARD FEE SCHEDULE PERSONNEL CHARGES Client agrees to reimburse Hansen, Allen & Luce, Inc. (HAL), for personnel expenses directly related to the completion of the project, in accordance with the following: Senior Managing Professional ........................................................................... $209.32/hr Managing Professional ....................................................................................... $189.50/hr Senior Professional III ........................................................................................ $178.89/hr Senior Professional II ......................................................................................... $170.48/hr Senior Professional I .......................................................................................... $157.62/hr Professional III ................................................................................................... $148.17/hr Professional II .................................................................................................... $132.89/hr Professional I ..................................................................................................... $124.57/hr Professional Intern ............................................................................................. $112.60/hr Engineering Student Intern ................................................................................... $59.26/hr Water Resource Specialist ................................................................................. $130.60/hr Geologist ............................................................................................................ $132.64/hr Senior Designer ................................................................................................. $119.29/hr Senior Field Technician ...................................................................................... $119.29/hr Field Technician ................................................................................................... $98.50/hr CAD Operator ...................................................................................................... $98.50/hr Public Relations Specialist ................................................................................. $143.85/hr Administrative Assistant ....................................................................................... $69.05/hr Professional Land Surveyor ............................................................................... $133.00/hr 1 Man GPS Surveying Services – PLS .............................................................. $162.50/hr Drone Pilot ......................................................................................................... $192.00/hr Expert Legal Services ........................................................................................ $320.00/hr DIRECT CHARGES Client also agrees to reimburse HAL for all other costs directly related to the completion of the project. Direct charges shall include, but not be limited to, the following: Communication, Computer, Reproduction .......................................... $6.00 per labor hour Out-of-town per diem allowance (lodging not included) .............................. $64.00 per day Vehicle ......................................................................................................... $0.65 per mile Outside consulting and services................................................................... Cost plus 10% Other direct expenses incurred during the project........................................ Cost plus 10% Trimble GPS Unit ...................................................................................... $135.00 per day Data Logger/Transducer ........................................................................ $130.00 per week INTEREST CHARGE AFTER 30 DAYS FROM INVOICE DATE .......................... 1.5% per month Note: Annual adjustments to personnel and direct expense charges will occur in January of each year. Mileage rate changes are based on fuel prices. HAL PROPOSAL SPREADSHEET CLIENT: CITY OF MOAB PROJECT: WATER UTILITY RESOURCE MANAGEMENT PLAN I Project Management and Meetings 100 1 0 $0.00 $0.00 $0.00 $0.00 101 General project coordination and communication 1 12 24 16 52 $9,361.44 $312.00 $312.00 $10,640.78 102 Start-up meeting 1 12 12 24 $4,000.20 $144.00 500 600 $1,069.00 $5,576.12 103 Meeting with the Utah Division Water Rights 1 4 4 $758.00 $24.00 $24.00 $860.20 104 Status meetings 1 6 6 12 $2,000.10 $72.00 $72.00 $2,279.31 105 Alternatives workshop in Moab 1 12 12 24 $4,000.20 $144.00 500 $469.00 $4,916.12 106 Solutions workshop by video 1 3 3 6 $1,000.05 $36.00 $36.00 $1,139.66 107 Final presentation to public in Moab 1 12 12 24 $4,000.20 $144.00 500 $469.00 $4,916.12 108 1 0 $0.00 $0.00 $0.00 $0.00 109 1 0 $0.00 $0.00 $0.00 $0.00 199 Quality Control (QC) / Quality Assurance (QA) 1 1 1 $209.32 $6.00 $6.00 $236.85 SUBTOTAL HOURS/UNITS: 13 0 73 0 0 0 0 0 0 61 0 0 147 $882.00 1500 600 SUBTOTAL: $2,721.16 $0.00 $13,833.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,774.85 $0.00 $0.00 $25,329.51 $882.00 $975.00 $600.00 $2,457.00 $30,565.16 $0.00 Subconsultant Cost II Internal Stakeholder Engagement 200 1 0 $0.00 $0.00 $0.00 $0.00 201 Identify and engage with each coalition member 1 16 16 32 $5,333.60 $192.00 500 $517.00 $6,435.66 202 1 0 $0.00 $0.00 $0.00 $0.00 203 1 0 $0.00 $0.00 $0.00 $0.00 299 Quality Control (QC) / Quality Assurance (QA) 1 1 1 $209.32 $6.00 $6.00 $236.85 SUBTOTAL HOURS/UNITS: 1 0 16 0 0 0 0 0 0 16 0 0 33 $198.00 500 0 SUBTOTAL: $209.32 $0.00 $3,032.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,301.60 $0.00 $0.00 $5,542.92 $198.00 $325.00 $0.00 $523.00 $6,672.51 $0.00 Subconsultant Cost III Data Collection 300 1 0 $0.00 $0.00 $0.00 $0.00 $13,200.00 Sunrise 301 Gather and review existing studies 1 8 4 12 24 $3,924.52 $144.00 $144.00 $4,475.37 302 Gather data on population and tourism 1 2 4 4 10 $1,602.16 $60.00 $60.00 $1,828.38 303 Gather data on historical water use 1 4 4 12 20 $3,166.52 $120.00 $120.00 $3,615.17 304 Coordination meeting with Sunrise 1 4 4 8 $1,350.68 $48.00 $48.00 $1,538.55 305 Receive relevant data 1 2 2 4 $675.34 $24.00 $24.00 $769.27 306 Presentation of stakeholder input by video 1 4 4 4 12 $1,963.88 $72.00 $72.00 $2,239.47 307 1 0 $0.00 $0.00 $0.00 $0.00 308 1 0 $0.00 $0.00 $0.00 $0.00 399 Quality Control (QC) / Quality Assurance (QA) 1 1 1 2 $398.82 $12.00 $12.00 $451.90 SUBTOTAL HOURS/UNITS: 1 0 25 0 16 34 0 0 0 4 0 0 80 $480.00 0 0 SUBTOTAL: $209.32 $0.00 $4,737.50 $0.00 $2,521.92 $5,037.78 $0.00 $0.00 $0.00 $575.40 $0.00 $0.00 $13,081.92 $480.00 $0.00 $0.00 $480.00 $14,918.11 $13,200.00 Subconsultant Cost IV Demand and Source Evaluation 400 1 0 $0.00 $0.00 $0.00 $0.00 $13,200.00 Sunrise 401 Identify the sources and capacities 1 4 8 8 20 $3,204.32 $120.00 $120.00 $3,656.75 Coalition members to provided 402 Identify types and quantities of water needed 1 0 $0.00 $0.00 $0.00 $0.00 -Existing condition 1 4 12 12 28 $4,427.48 $168.00 $168.00 $5,055.03 -Future condition 1 4 16 16 36 $5,650.64 $216.00 $216.00 $6,453.30 403 Consider possible effects of drought 1 8 12 20 $3,294.04 $120.00 $120.00 $3,755.44 404 Identify conservation goals 1 3 8 8 19 $3,014.82 $114.00 $114.00 $3,441.70 Coalition members will provide goals. 405 Identify alternatives of using/sharings 1 0 $0.00 $0.00 $0.00 $0.00 -Consider forming a water district/wcd/cooperative 1 4 8 8 20 $3,204.32 $120.00 $120.00 $3,656.75 1 0 $0.00 $0.00 $0.00 $0.00 406 Identify potential solutions 1 0 $0.00 $0.00 $0.00 $0.00 -Groundwater development 1 12 12 $2,274.00 $72.00 $72.00 $2,580.60 Lance 8 hours -Cooperative use 1 4 4 4 12 $1,981.16 $72.00 $72.00 $2,258.48 -Conservation 1 4 4 8 $1,350.68 $48.00 $48.00 $1,538.55 -Treatment of Colorado River 1 8 6 6 20 $3,350.74 $120.00 $120.00 $3,817.81 407 Review water rights and prepare a plan 1 0 $0.00 $0.00 $0.00 $0.00 -Collect water right data from coalition members 1 2 4 6 $971.68 $36.00 $36.00 $1,108.45 -Compare water right needs 1 2 8 8 18 $2,825.32 $108.00 $108.00 $3,226.65 -Meeting with Utah Division of Water Rights 1 4 4 $758.00 $24.00 $24.00 $860.20 408 Conceptual design of alternatives 1 0 $0.00 $0.00 $0.00 $0.00 -Prepare conceptual designs 1 8 16 16 40 $6,408.64 $240.00 $240.00 $7,313.50 -Prepare cost estimates 1 12 16 24 52 $8,352.00 $312.00 $312.00 $9,530.40 -Meeting with coalition to review ideas and costs (video) 1 4 4 $758.00 $24.00 0 $24.00 $860.20 -Update / add alternatives based on coalition input 1 4 4 4 12 $1,981.16 $72.00 $72.00 $2,258.48 -Prepare a capital facilities plan 1 6 8 8 22 $3,583.32 $132.00 $132.00 $4,086.85 409 Consider legal and regulatory implications 1 8 8 16 $2,776.96 $96.00 $96.00 $3,160.26 $30,000.00 Smith-Hartvigsen / Jeff Gittens 410 Prepare a draft report 1 0 $0.00 $0.00 $0.00 $0.00 -Prepare a draft report 1 16 16 32 64 $10,295.36 $384.00 $384.00 $11,747.30 -Prepare/update costs 1 2 4 4 10 $1,602.16 $60.00 $60.00 $1,828.38 -Present report at a meeting and discuss 1 12 12 24 $4,000.20 $144.00 500 $469.00 $4,916.12 411 Public engagement plan 1 16 16 $3,349.12 $96.00 $96.00 $3,789.63 -Open house 1 12 12 24 $4,000.20 $144.00 500 $469.00 $4,916.12 -Social media campaign 1 4 4 16 24 $3,896.88 $144.00 $144.00 $4,444.97 $3,900.00 Website by Boldelite / Mike Price -Comment and response tracking 1 2 4 6 $971.68 $36.00 $36.00 $1,108.45 -Meeting to discuss public input (video) 1 3 3 6 $1,000.05 $36.00 $36.00 $1,139.66 -Follow-up technical analysis 1 8 12 12 32 $5,185.48 $192.00 $192.00 $5,915.23 Technical analysis limited to budget 412 Final presentation and report 1 0 $0.00 $0.00 $0.00 $0.00 -Meeting with coalition members 1 12 12 $2,274.00 $72.00 500 $397.00 $2,938.10 -Final report 1 4 12 12 28 $4,427.48 $168.00 $168.00 $5,055.03 413 1 0 $0.00 $0.00 $0.00 $0.00 414 1 0 $0.00 $0.00 $0.00 $0.00 499 Quality Control (QC) / Quality Assurance (QA) 1 4 2 6 $1,216.28 $36.00 $36.00 $1,377.51 SUBTOTAL HOURS/UNITS: 24 0 182 0 166 206 0 0 0 43 0 0 621 $3,726.00 1500 0 SUBTOTAL: $5,023.68 $0.00 $34,489.00 $0.00 $26,164.92 $30,523.02 $0.00 $0.00 $0.00 $6,185.55 $0.00 $0.00 $102,386.17 $3,726.00 $975.00 $0.00 $4,701.00 $117,795.89 $47,100.00 Subconsultant Cost TOTAL HOURS BY EMPLOYEE: 39 0 296 0 182 240 0 0 0 124 0 0 PHASE TASK Labor Direct Exp Subtotal Subconsultant SubTotal with Contingency Costs Cost w/Contingency Costs I Project Management and Meetings $25,329.51 $2,457.00 $30,565.16 $0.00 $30,565.16 II Internal Stakeholder Engagement $5,542.92 $523.00 $6,672.51 $0.00 $6,672.51 III Data Collection $13,081.92 $480.00 $14,918.11 $13,200.00 $28,118.11 IV Demand and Source Evaluation $102,386.17 $4,701.00 $117,795.89 $47,100.00 $164,895.89 TOTAL w/Contingency: $160,974.57 $8,977.10 $169,951.67 $66,330.00 $230,251.67 Travel Hours Moab City Council Agenda Item Meeting Date: January 25, 2022 Title: Shooting Range Lease Presenter: Ben Billingsley Attachment(s): -Resolution 03-2022 -Legal Counsel Memo on Shooting Range Lease Agreement Review -Proposed Lease Agreement SULA 1342 Possible Motion: I move to approve Resolution 03-2022, a resolution authorizing the mayor to sign the amended and restated special use lease agreement no. 1342, a lease with the Utah School and Institutional Trust Lands Administration authorizing the use of state lands for a police firearms training facility. Summary: The Police Department, as well as other local law enforcement agencies use a SITLA site at the south end of town for firearms training. SITLA has proposed the attached lease renewal for consideration. The City of Moab has served as the lessee since inception, and the other agencies have not contributed financially to the lease or the future reclamation costs. The resolution directs staff to pursue agreements from other agencies for use of the site and to share in the costs. Staff Recommendation: Staff recommends the approval of the lease in order to provide the Police Department a location for firearms training. Fiscal Note: The total cost of lead reclamation is unknown. However, if the proposed lease agreement is not executed, the prior lease agreement will require the immediate reclamation of the site. Preceding Action: The lease terms are 20 years, and the most recent lease agreement was approved in 2001. Subsequent Action: Upon approval, staff will take the next steps to developing a lead management study, as well as working with other agencies that use the site to obtain license agreements to assist in the cost share of the study and future reclamation. 1 CITY OF MOAB RESOLUTION NO. 03-2022 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE AMENDED AND RESTATED SPECIAL USE LEASE AGREEMENT NO. 1342, A LEASE WITH THE UTAH SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION AUTHORIZING THE USE OF STATE LANDS FOR A POLICE FIREARMS TRAINING FACILITY The following describe the intent and purpose of this resolution: a. For many decades the City of Moab has leased certain lands in Grand County from the State of Utah for the purpose of operating a police firearms training facility. b. The current lease expired on December 31, 2021. c. The City and the School and Institutional Trust Lands Administration (SITLA) negotiated for several months in order to arrive at a mutually acceptable lease to allow the continued use of the facility. d. The City finds that it is in the best interests of the Moab Police Department that its officers continue to have access to the existing facility for firearms training. e. The City will eventually have to undertake reclamation of the lease premises to abate any contamination that may have resulted from firearms training. f. The City further finds that it is in the best interests of the City that the Moab Police Department secure financial contributions from other police agencies that may use the leased premises for training purposes, with the understanding that all contributions from other agencies be held for the purpose of funding future reclamation of the leased property. THEREFORE, the City resolves as follows: 1. The City authorizes the Mayor to sign the Amended and Restated Special Use Lease No. 1342 in a form substantially conforming to the version attached to this resolution; and 2. It is directed that City staff shall secure license agreements on a cooperative basis from other police agencies that use the lease premises, with the proceeds of all such licenses to be held for reclamation of the lease premises when required by the terms of the lease; 3. Staff is directed to begin the process of assessing any lead contamination that may affect the lease premises so that a suitable remediation plan may be developed at such time as may be required under the lease. PASSED AND APPROVED by a majority of the City of Moab City Council. This resolution shall take effect immediately upon passage. 2 City of Moab Resolution Approving SULA No. 1342, Police Firearms Training Site Lease ________________________________________ SIGNED: Joette Langianese, Mayor Date ATTEST: Sommar Johnson, Recorder DUFFORD WALDECK Partners Barbara R. Butler Shelly S. Dackonish William S. DeFord Nathan A. Keever Michael A. Kuzminski* Christopher G. McAnany* Annie D. Murphy' John R. Pierce+ Sam D. Starritt ' Associates Jon T. Burtard Samuel H. Fresher Kate E. Jaquith Lauren F. O'Dell* Bruce C. Walters Retired Partners William H.T. Frey Richard H. Krohn Laird T Milburn D. J. Dufford (1919-1998) William G. Waldeck (1923-2009) 4- Also admitted in Oregon * Also admitted in Utah ^' Also admitted in Wisconsin 4 Also admitted in Wyoming CHRISTOPHER G. MCANANY 970-248-5862 mcanany@dwmk.com 744 HORIZON COURT, SUITE 300 GRAND JUNCTION, CO 81506 January 16, 2022 Mayor Joette Langianese Moab City Council 217 East Center Street Moab, UT 84532 By: Electronic Delivery 970-241-5500 WWW DWMK.COM Re: Utah School and Institutional Trust Lands (SITLA) Special Use Lease No. 1342, Police Shooting Range (this is a Public Memo) All: The City of Moab has for many decades held a lease from SITLA for the operation of a police shooting range located on approximately 2.16 acres in Grand County. The lease expired at the end of December, 2021.1 Over the last several months we negotiated a new lease (Amended and Restates Special Use Lease Agreement No. 1342) with SITLA, and this memo summarizes the terms of same ahead of review and possible approval by the City Council. In summary the new lease (attached) contains the following terms: 1. A lease term of 20 years. 2. Rent of $3,250 per year with an annual escalator based on changes in the Consumer Price Index (CPI) or a subsequent appraisal. 3. The City is required to develop a lead management study and lead management plan within 18 months of the commencement of the term. Prior to the end of the term the City will be obliged to perform a full reclamation of the site, including removal of lead and bullet fragments from the soil. The cleanup must be performed in compliance with applicable environmental regulations. No reclamation is required if the lease is renewed for successive terms. 4. SITLA may require a financial guaranty (a bond) in an amount deemed necessary to cover anticipated reclamation expenses. SITLA has committed to extend the existing lease in order to allow the City Council time to review and approve the amended and restated lease Moab City Council January 16, 2022 Page 2 5. The City will be required to indemnify SITLA for claims by third parties arising from all activities of the City under the lease, including environmental liabilities. 6. SITLA reserves the right to terminate the lease after the fifth anniversary upon giving notice to terminate providing one year's advance notice to the City. Thus, the lease could be terminated without cause no later than six years from the effective date. In general, I would describe SITLA's negotiating position as being fairly rigid. We proposed a number of changes to the proposed lease to soften various terms; for the most part those proposals were rejected by the agency. The upshot is this document is probably the best that can be obtained at the present time. My understanding is that this site is necessary for Moab Police Department firearms training.2 Accordingly, the City may have little choice but to proceed with the lease subject to those terms required by SITLA. A decision to reject the amended and restated lease would likely mean that the City's tenancy would be terminated immediately, and the City would be required to vacate the site and undertake remediation in 2022. In reviewing this proposed lease the Council should be aware of the need to start planning for the eventual reclamation of this lease property. First steps will include: i) retaining a consultant to evaluate the extent of lead contamination at the site; ii) developing a lead mitigation plan; and iii) planning and budgeting for future reclamation expenses. There are consultants who specialize in this type of environmental remediation and the City should begin planning for these activities and the costs that will accompany them. Eventual reclamation costs are unknown but could be considerable if a full soil removal is required.3 The decision before the Council will be to: 1. approve Amended and Restated Special Use Lease No. 1342 as submitted; 2. reject Lease No. 1342; or 3. request that staff engage in further negotiations with SITLA on specified concerns. 2 The site is also used on a cooperative basis by a number of other law enforcement agencies in the area, i.e. Grand County, Utah Highway Patrol, National Park Service, etc. I have conferred with staff about the need for these agencies to contribute money to the City to cover their fair share of the eventual reclamation costs, and 1 have prepared a license agreement to be signed by other agencies that wish to use the property. The license will provide for a fee to be paid to the City and held for lease maintenance and reclamation costs. 3 The City has reclamation obligations under the existing lease. Accordingly, these liabilities are not "new," but represent a trend towards more rigorous enforcement on the part of SITLA. Moab City Council January 16, 2022 Page 3 I am happy to answer any questions that the Council has about this document or any related circumstances. xc: Carly Castle, Acting City Manager Page 1 SULA 1342 City of Moab AMENDED AND RESTATED SPECIAL USE LEASE AGREEMENT NO. 1342 (Government) Fund: Schools This Amended and Restated Special Use Lease Agreement No. 1342 (this “Amended and Restated Lease”), dated January 1, 2022 (the “Effective Date”), is between the State of Utah, acting by and through the School and Institutional Trust Lands Administration, with an address at 675 East 500 South, Suite 500, Salt Lake City, Utah 84102 (“SITLA”), and City of Moab, a Utah municipality organized under Utah law, through the Moab Police Department, with an address at 217 E. Center Street, Suite 130, Moab, Utah 84532 (“Lessee”). RECITALS A. SITLA manages lands held in trust by the State of Utah for certain named beneficiaries (“Trust Lands”), pursuant to Sections 6, 8, 10, and 12 of the Utah Enabling Act, Article XX, Section 2 of the Utah State Constitution, and Title 53C of the Utah Code. B. SITLA and Lessee are parties to Special Use Lease Agreement No. 539, dated December 9, 1981, as amended and restated in Special Use Lease Agreement No. 1342, dated January 1, 2002 as amended by Special Use Lease Agreement No. 1342 Amendment No. 1, dated January 1, 2008 (the “Original Lease”) covering 2.16 acres of Trust Lands located in Grand County, Utah (the “Property”), as the Property is more specifically described on Exhibit A and depicted on Exhibit B, for a shooting range and pistol qualification course. C. The Original Lease terminates on December 31, 2021 and Lessee has requested a 20-year extension to the Original Lease. D. SITLA has agreed to the extension, subject to Lessee signing this Amended and Restated Lease. AGREEMENT SITLA and Lessee agree as follows: 1. DEFINITIONS 1.1. “Annual Rent” is defined in Section 4.1 (Annual Rent). 1.2. “Antiquities” is defined in Utah Code § 76-6-901(1). 1.3. “Applicable Environmental Law” means: (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C.§§ 6901 et seq., the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq., the Clean Air Act, 42 U.S.C. §§ 7401 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801 et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq., and the Safe Drinking Water Act, 42 U.S.C. §§ 300f through 300j-26, as such Acts have been or are hereafter amended; (b) any so called Superfund or Superlien law; and (c) any other federal, state and local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material as now or any time hereafter in effect. Page 2 SULA 1342 City of Moab 1.4. “Applicable Law” means Applicable Environmental Law and any other federal, state, or local statute, regulation, ordinance, rule, order, or judicial decree applicable to this Amended and Restated Lease, Property, the Project, Lessee, or Lessee’s activities under this Amended and Restated Lease. 1.5. “Best Lead Management Practices Guide” means Best Management Practices for Lead at Outdoor Shooting Ranges, published by the United States Environmental Protection Agency, EPA-902-B-01-001, Revised June 2005, Region 5, found at https://www.epa.gov/sites/default/files/documents/epa_bmp.pdf, and any updates or replacements. 1.6. “CPI Index” means the Consumer Price Index, published by the U.S. Bureau of Labor Statistics, All Urban Consumers, Western Region Average, All Items (1982-84 = 100), or if the CPI Index is no longer published, a substitute index published by a governmental agency and comparable to the CPI Index. 1.7. “Condemning Authority” is defined in Section 15.1 (Eminent Domain; Cancellation). 1.8. “Critical Paleontological Resources” is defined in Utah Code § 79-3-102(4). 1.9. “Cultural Resources” is defined in Utah Administrative Code R850-1-200(8). 1.10. “Cultural Resource Survey” is defined in Utah Administrative Code R850-1-200(9). 1.11. “Default Rate” means 8% per annum. 1.12. “Effective Date” is defined in the introductory paragraph. 1.13. “Execution Date” means the date on which the last party signs this Amended and Restated Lease. 1.14. “Event of Default” is defined in Section 13.1 (Events of Default of Lessee). 1.15. “Financial Guaranty” means a surety bond, letter of credit, certificate of deposit, cash deposit, or other financial security, as required in Section 7.6(a) (Financial Guaranty Required). 1.16. “Force Majeure” is defined in Section 14.7 (Force Majeure). 1.17. “Governmental Approvals” means certificates, permits, zoning changes or variances, easements, rights of way, and other federal, state, or local authorizations that are required by any Governmental Authorities or under any Applicable Law. 1.18. “Governmental Authorities” means federal, state, or local government, agencies or other authority having jurisdiction over this Amended and Restated Lease, the Property, the Project, Lessee, or Lessee’s activities under this Amended and Restated Lease. 1.19. “Hazardous Substance” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the State of Utah, or the United States Government, including, without limitation: (i) any substance, chemical or waste that is or may be listed or defined as hazardous, toxic or dangerous under Applicable Environmental Law; (ii) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by Page 3 SULA 1342 City of Moab any federal, state, or local Governmental Authority pursuant to Applicable Law and which could pose a hazard to the health and safety of occupants or users of the Property or any part of the Property, any adjoining property or cause damage to the environment; (iii) any petroleum products; (iv) PCB’s; (v) leaded paint; and (vi) asbestos. 1.20. “Historic Properties” is defined in Utah Code § 9-8-302(10). 1.21. “Indemnified Parties” means the State of Utah, its affiliates, agencies, directors, officers, employees, agents, consultants, advisors, and other representatives, and their heirs, executors, successors and assignees. For clarity, Indemnified Parties includes SITLA, its Board of Trustees, beneficiaries, directors, officers, employees, agents, consultants, advisors, and other representatives, and their heirs, executors, successors and assignees. 1.22. “Litigation Expense” means any reasonable out-of-pocket expense incurred in defending a Third-Party Claim or in any related investigation or negotiation, including court-filing fees, court costs, arbitration fees, witness fees, and attorneys’ and other professionals’ fees and disbursements. 1.23. “Lead Management Plan” is defined in Section 7.1(b) (Lead Management Plan). 1.24. “Losses” means any amount suffered as a result of, awarded in, or paid in settlement of, any judicial, administrative, or arbitration action, suit, claim, investigation, or proceeding, including any threatened claim or demand, whether brought by a non-party or by one party against the other, or any amount suffered by an Indemnified Party. 1.25. “Mineral Estate” means oil, natural gas, coal, geothermal resources, metalliferous minerals, sand, gravel, and other common varieties, and any other minerals that are on, in, or under the Property. 1.26. “Notice” is defined in Section 16.1 (Notices). 1.27. “Original Lease” is defined in the Recitals. 1.28. “Original Lease Date” means December 9, 1981. 1.29. “Project” is defined in Section 2.1 (Grant of Lease). 1.30. “Reclamation Plan” is defined in Section 7.4(a) (Delivery of Reclamation Plan to SITLA). 1.31. “Remains” is defined in Utah Code § 9-9-402(12). 1.32. “Remedial Work” means any investigation or monitoring of site conditions or any clean up, remediation, response, removal, encapsulation, containment or restoration work required because of the presence of any Hazardous Substance on, in, or under the Property or any release or suspected release or threat of release of any Hazardous Substance in the air, soil, surface water , or ground water. 1.33. “Site” is defined, with respect to Archaeology in Utah Code § 9-8-302(17) and Utah Administrative Code R850-1-200(31), and with respect to Paleontological in Utah Code § 79-3- 102(14) and Utah Administrative Code R850-1-200(20). Page 4 SULA 1342 City of Moab 1.34. “Specimen” is defined, with respect to Archaeology in Utah Code § 9-8-302(18) and Utah Administrative Code R850-1-200(33), and with respect to Paleontological in Utah Code § 79-3- 102(15). 1.35. “Term” is defined in Section 3.1 (Lease Term). 1.36. “Third-Party Claim” means any judicial, administrative, or arbitration action, suit, claim, investigation, or proceeding, including any threatened claim or demand, brought by or on behalf of a non-party. 2. LEASE OF PROPERTY 2.1. Grant of Lease. SITLA hereby grants Lessee a lease on the Property for construction, operation, and maintenance of a shooting range and pistol qualification course for local, state, and federal law enforcement personnel (the “Project”). Lessee takes this Amended and Restated Lease subject to: (a) current taxes and assessments, reservations in patents and clear lists, all rights-of- way, easements, covenants, conditions, restrictions, obligations, liens, encumbrances, and liabilities of record as of the Execution Date; (b) all matters that an accurate survey or physical inspection of the Property would disclose; and (c) all zoning and building requirements and other governmental laws, rules, and regulations now or hereafter in effect, including without limitation all rules and regulations enacted by SITLA now or in the future with respect to use and management of Trust Lands. SITLA shall reasonably cooperate with and grant additional easements, rights-of-way, and similar rights to Lessee that: (y) are reasonably necessary to effectuate the construction, operation and maintenance of the Project; and (z) comply with SITLA’s applicable rules, regulations, and fee schedules for such easements and rights-of-way. 2.2. Permitted Uses. Lessee may use the Property for all purposes reasonably necessary and useful for the regulation, management, and oversight of the Project, including without limitation, constructing and maintaining shooting lanes, berms, and shot fall zones and installing and maintaining signage, fences, and gates, if needed. Lessee may permit other law enforcement agencies to use the Property for shooting range purposes consistent with all other term of this Amended and Restated Lease. Lessee may not use the Property for any other purposes and may not create a public or private nuisance, on or from the Property. Lessee may not commit any waste of the Property. 2.3. No Warranty of Title. SITLA hereby disclaims all warranties of title and any representations made by SITLA or its agents, employees, directors, officers or other representatives as to zoning, legal or physical access, suitability of the Property for the Project, improvements, utilities, soil conditions, floodplains and watercourses, the presence or absence of any Hazardous Substances or hazardous conditions, or other physical or legal attributes of the Property. Lessee is not entitled to any refund of any monies paid to SITLA under this Amended and Restated Lease in the event of title failure. 2.4. Lessee’s Inspection of the Property. Lessee has inspected and investigated the Property to Lessee’s complete satisfaction, observed its physical characteristics and existing conditions, the operations thereon and on adjacent areas, and Lessee hereby waives all objections to, complaints about, or claims regarding the valuation or utility of the Property or its suitability for any purpose whatsoever. Lessee hereby assumes the risk that past, present, and future environmental conditions on the Property and changes in applicable laws and regulations relating to such conditions, may increase the difficulty or cost of, or entirely prevent, Lessee’s development of the Project. Lessee expressly acknowledges that it has not relied on any warranties, promises, Page 5 SULA 1342 City of Moab understandings or representations, express or implied, oral or written, of SITLA or of any agent of SITLA, relating to the Property, except as specifically set forth in this Amended and Restated Lease. 2.5. Reservations to SITLA. Subject to the rights and privileges granted to Lessee under this Amended and Restated Lease, SITLA hereby excepts and reserves from the operation of this Amended and Restated Lease the following rights and privileges: (a) Rights-of-Way and Easements. SITLA reserves the right, following consultation with Lessee, to establish rights-of-way and easements upon, through, or over the Property, if such grants will not unreasonably interfere with Lessee’s use and operations under this Amended and Restated Lease, for roads, pipelines, electric transmission lines, transportation and utility corridors, mineral access, and any other purpose deemed reasonably necessary by SITLA. (b) Minerals. SITLA reserves the Mineral Estate and the right to lease the same to third parties, including the right to access and use the surface estate for exploration, development, and extraction of the Mineral Estate on terms and conditions that will not unreasonably interfere with Lessee’s use and operations under this Amended and Restated Lease. (c) Use and Disposal of Surface. SITLA reserves the right, following consultation with Lessee, to use, lease, sell, or otherwise dispose of all or part of the surface estate, if such use or disposal will not unreasonably interfere with Lessee’s use and operations under this Amended and Restated Lease. (d) Other Rights and Privileges. SITLA reserves all other rights and privileges of any kind or nature, except as granted in this Amended and Restated Lease. 3. LEASE TERM 3.1. Lease Term. This Amended and Restated Lease is effective as of Effective Date and continues for 20 years from the Effective Date (“Term”), except as otherwise provided in this Amended and Restated Lease. 3.2. Holding Over. If Lessee remains in possession of the Property after termination of this Amended and Restated Lease without an extension or a new lease, then this Amended and Restated Lease will convert to a month-to-month tenancy, subject to all of the covenants, terms, provisions, and obligations of this Amended and Restated Lease, except for the provisions relating to Annual Rent. During any holdover period, Annual Rent will be two times the amount of Annual Rent due immediately prior to the holdover period. The parties do not intend this Amended and Restated Lease to grant Lessee the right to holdover or to limit SITLA’s remedies against a holdover Lessee. If Lessee does not surrender the Property at the end of the Term, Lessee shall reimburse SITLA for any loss or liability resulting from delay by Lessee in so surrendering the Property, including without limitation, any claims made by any succeeding lessee based on such delay. Page 6 SULA 1342 City of Moab 4. CONSIDERATION FOR LEASE 4.1. Annual Rent. (a) Annual Rent. Lessee shall pay SITLA $3,250.00 per annum (the “Annual Rent”), without deduction or offset, on or before the Effective Date and on or before each subsequent anniversary of the Effective Date during the Term of this Amended and Restated Lease. (b) Annual Rent Adjustment. SITLA may adjust the Annual Rent on the third anniversary of the Effective Date and on each three-year interval thereafter to reflect fair market value of the Property. SITLA, in its reasonable discretion, may use either of the following methods to calculate the adjusted Annual Rent: (i) Multiply the Annual Rent by a fraction, the numerator of which is the CPI Index for the most recent month available as of the date of adjustment, and the denominator of which is the CPI Index for the month in which this Amended and Restated Lease was signed, or for the month that was the most recent available when the most recent adjustment was made, as applicable. (ii) Fair market value determination based on appraised value of the Property (if appraisal is requested by either party), comparable lease rates of federal, state, and private leases, or other suitable uses of the Property. If either party requests an appraisal, the appraiser must be acceptable to both parties, MAI qualified, and licensed in Utah. If the parties are unable to agree on an appraiser, then each party shall designate one qualified appraiser by providing Notice of such designation to the other party. The two appraisers shall jointly designate a third appraiser, who shall complete an appraisal of the Property. If one of the parties fails to designate an appraiser, the appraiser designated by the other party will be the sole appraiser. If both parties designate appraisers and the two appraisers fail to designate a third appraiser within 20 days following the date on which the last of the two appraisers was designated, then either party may request the presiding judge of the Third Judicial District Court of Utah to make the designation. The designated appraiser must complete its appraisal and provide a written appraisal report to the parties not later than 30 days following appointment. 4.2. Net Lease. This is a net lease and the parties intend, except as specifically provided in this Amended and Restated Lease, that Lessee be responsible for all costs and expenses of the ownership, maintenance, repair and operation of the Property incurred or accrued during the Term, including without limitation real estate taxes payable on account of Lessee’s use of the Property. Any present or future law to the contrary notwithstanding, this Amended and Restated Lease will not terminate, and Lessee is not entitled to any abatement, reduction, set-off, counterclaim, defense, or deduction with respect to any rent or other sum payable under this Amended and Restated Lease by reason of any damage to or destruction of the Property. 4.3. Interest and Penalty on Past Due Obligations. Any amounts due under this Amended and Restated Lease that are not paid when due bear interest at the Default Rate from the due date until paid in full and are subject to penalties as provided by Utah Administrative Code R850-5-200 or by any replacement rule then in effect. Page 7 SULA 1342 City of Moab 5. INSPECTION OF THE PROPERTY 5.1. SITLA’s Access to Property. SITLA and its agents, at all reasonable times, may access all or any portion of the Property to: (a) examine or inspect the condition of the Property; (b) determine if Lessee is in compliance with this Amended and Restated Lease; and (c) post any notices that SITLA may desire to protect its rights. In exercising its rights under this Section 5.1, SITLA may not materially or adversely interfere with Lessee’s use and enjoyment of the Property and shall comply with Lessee’s security and safety rules, regulations and protocols. 6. CONSTRUCTION AND OPERATIONS COVENANTS 6.1. Construction. Lessee shall construct or maintain any improvements on the Property in a good workmanlike manner and in accordance with Applicable Law. 6.2. Noxious Weeds. Lessee shall use commercially reasonable efforts to ensure that all equipment, vehicles, and materials are free of noxious weeds and noxious weed seeds prior to entering the Property or other Trust Lands. Lessee shall monitor the Property for the growth of noxious weeds and take reasonable measures to eradicate noxious weeds from the Property. If Lessee fails to take reasonable measures to eradicate noxious weeds from the Property, as reasonably determined by SITLA, SITLA may take action to eradicate the noxious weeds after 30 days’ Notice to Lessee and Lessee shall promptly pay SITLA’s reasonably incurred and documented costs to eradicate the noxious weeds from the Property. 6.3. Development at Lessee’s Expense. Lessee bears all expenses in connection with the development, improvement, construction, alteration and repair of the Project and the Property. 6.4. Mechanics’ Liens. (a) Lessee is Not SITLA’s Agent. Lessee acknowledges that it is not the agent of SITLA for the construction, alteration or repair of the Project, the same being done at the sole direction and expense of Lessee. All contractors, materialmen, mechanics, and laborers are hereby charged with notice that they must look only to Lessee for the payment of any charge for work done or material furnished on the Property. Lessee has no right, authority or power to bind SITLA or any interest of SITLA for the payment of any claim for labor or material, or for any charge or expense, incurred by Lessee as to improvements, alterations, or repairs on or to the Property. (b) Covenant against Mechanic’s Liens. Lessee may not suffer or permit to be enforced against any or all of the Property, and shall indemnify and hold SITLA and the Property harmless for, from, and against any mechanic’s, material men’s, contractor’s or subcontractor’s liens arising from and any claim for damage growing out of, the work of, any construction, repair, restoration, replacement, or improvement done by or on behalf of Lessee. Lessee shall pay or cause to be paid all of such liens, claims, or demands before any action is brought to enforce the same against the Property. If Lessee in good faith contests the validity of any lien, claim, or demand, then Lessee shall, at its expense, defend itself and SITLA against the same and shall pay and satisfy any adverse judgment that may be rendered. Lessee shall, at the request of SITLA, provide such security and take such steps as may be required by law to release the Property from the effect of such lien. Page 8 SULA 1342 City of Moab 6.5. Survey Monuments. Lessee shall take reasonable precautions to protect, in place, all public land survey monuments and private property corners. 6.6. Fencing. Lessee may fence any portion of the Property at its own expense. If Lessee erects any fencing, Lessee shall provide gated access at reasonable locations to SITLA and to any lessees or permittees granted rights or access to or across the Property by SITLA pursuant to Section 2.5 (Reservations to SITLA), except for fencing necessary to prevent unauthorized access to the Project. Lessee shall take reasonably appropriate steps, including fencing, to secure the improvements from unauthorized access and prevent loss of wildlife. This Amended and Restated Lease does not grant Lessee rights to block access on or through county or other public or private roads that are not owned or controlled by SITLA. 7. LEAD MANAGEMENT PLAN; RECLAMATION 7.1. Lead Management Plan. (a) Environmental and Lead Contamination Study. Within 18 months of the Effective Date, Lessee shall use reasonable efforts to conduct an environmental study to delineate the location and concentration of lead bullets and fragments on the Property. Lessee shall provide SITLA with a copy of the study. (b) Lead Management Plan. Within a reasonable time after completion of the environmental study referenced in Section 7.1(a) (Environmental and Lead Contamination Study), but no later than two years after the Effective Date, Lessee shall prepare a lead management plan (the “Lead Management Plan”) based on the Best Lead Management Practices Guide that addresses: (i) the characteristics of the shooting range, (ii) the particular risks and concerns with respect to lead on the Property, (iii) the best management practices to address the particular risks of lead on the Property, and (iv) a plan to implement the best management practices. Additionally, Lessee shall include a proposed timeline to conduct regular removal of lead from the Property in accordance with the Best Lead Management Practices Guide. SITLA shall review the Lead Management Plan and provides comments to Lessee. The parties shall work cooperatively to ensure the Lead Management Plan addresses concerns particularly related to the Property and the concerns of SITLA. (c) Lessee Records. Lessee shall keep and maintain all records related to environmental studies and the Lead Management Plan and provide copies of such records to SITLA at SITLA’s request and at termination of this Amended and Restated Lease. 7.2. Reclamation Obligations. (a) Reclamation and Abatement. Prior to the end of the Term, Lessee shall reclaim the Property in accordance with Applicable Law, the Reclamation Plan, and as directed by SITLA, including without limitation removing improvements, structures, equipment and debris (including lead bullets and lead fragments, as required by Applicable Law in light of the uses to which SITLA intends to put the Property, as determined in its sole discretion), recontouring the Property to its approximate original contour, and reseeding the Property, as necessary in the reasonable judgment of SITLA to prevent soil erosion, promote the establishment of suitable vegetation, and control noxious weeds and pests. Lessee shall further abate any hazardous condition on or associated with the Property. Lessee shall commence reclamation at least three months prior to the end of the Term. Page 9 SULA 1342 City of Moab (b) No Reclamation Required if Lease Renewed. If Lessee has requested and SITLA has agreed to a renewed lease, then Lessee is not required to begin reclamation of the Property unless and until discussions for renewal have ended. If the discussions end without the parties entering into a new lease, Lessee will have 90 days from the date the discussions end to reclaim the Property in compliance with Section 7.2(a) (Reclamation and Abatement). If the parties have not entered into a renewed lease by the end of the Term, SITLA may charge holder over rent pursuant to Section 3.2 (Holding Over) for the time required by Lessee to reclaim the Property or negotiate a renewed lease after the end of the Term, unless the delay is caused solely by SITLA. 7.3. SITLA’s Right to Reclaim. If reclamation of the Property is not completed within the time provided for in Section 7.2 (Reclamation Obligations), SITLA may pursue all legal remedies available to it, including seeking specific performance, seizing the improvements, and/or using the Financial Guaranty to complete reclamation. 7.4. Reclamation Plan. (a) Delivery of Reclamation Plan to SITLA. At the same time that Lessee provides SITLA the Lead Management Plan but no later than two years after the Effective Date, Lessee shall deliver for SITLA’s approval a plan for reclamation of the Property (the “Reclamation Plan”). The Reclamation Plan must include: (1) a general plan to remove all improvements and reclaim the Property as required by Section 7.2(a) (Reclamation and Abatement); (2) an estimate of time required to complete all reclamation activities; and (3) a reclamation cost estimate. The purpose of the Reclamation Plan is to help Lessee and SITLA plan for reclamation of the property. It is not intended to be an exhaustive list of reclamation activities or to limit Lessee’s obligations under Section 7.2(a) (Reclamation and Abatement). (b) SITLA’s Review of Reclamation Plan. SITLA shall review the Reclamation Plan and approve or request reasonable modifications within 30 days of receipt. If Lessee disagrees with the requested modifications, the parties shall attempt to resolve the dispute in good faith for 30 days. If the parties cannot resolve the dispute within 30 days, SITLA may hire an independent third party to conduct a study and prepare a Reclamation Plan for the Project. Lessee shall pay the costs of any such study and Reclamation Plan. (c) Update of Reclamation Plan. At the reasonable request of SITLA and five years prior to the end of the Term, Lessee shall update the Reclamation Plan. Lessee shall submit the updated Reclamation Plan for SITLA’s approval as outlined in Section 7.4(b) (SITLA’s Review of Reclamation Plan). If the parties cannot agree on a modified Reclamation Plan, SITLA may hire an independent third party to conduct a study and prepare a Reclamation Plan for the Project. Lessee shall pay the costs of any such study and Reclamation Plan. Lessee may not modify the Reclamation Plan without SITLA’s consent, which consent SITLA may not unreasonably withhold. Lessee may update the Reclamation Plan at any time in addition to the times required by this Section. 7.5. Intermediate Reclamation. Lessee shall use reasonable efforts to reclaim disturbed areas not required for continuing operations of the Property by leveling, reseeding and other reasonably necessary steps to prevent soil erosion, promote the establishment of suitable vegetation, and control noxious weeds and pests. Page 10 SULA 1342 City of Moab 7.6. Financial Guaranty. (a) Financial Guaranty Required. At SITLA’s request, Lessee shall execute and file with SITLA a good and sufficient Financial Guaranty acceptable to SITLA in an amount sufficient to ensure reclamation of the Property, as set forth in the Reclamation Plan. SITLA may require a Financial Guaranty prior to Lessee submitting a Reclamation Plan based on a reasonable estimate of the reclamation costs. Lessee shall update the Financial Guaranty when it submits or updates the Reclamation Plan and as otherwise required by SITLA in its reasonable discretion. At any time during the Term, SITLA may, in its reasonable discretion, require Lessee to increase the amount of the Financial Guaranty by sending Lessee Notice that the Financial Guaranty is insufficient. Lessee shall execute and file with SITLA a Financial Guaranty in the amount sufficient to ensure reclamation of the Property, as required by SITLA, within 60 days of SITLA’s Notice of insufficiency. (b) Financial Guaranty Requirements. All Financial Guaranties obtained pursuant to Section 7.6(a) (Financial Guaranty Required) must meet the following requirements: (i) be issued by a company rated “A3” or better by Moody’s or A- or better by S&P (or an equivalent rating from another nationally recognized statistical rating organization acceptable to SITLA), responsible and authorized to do business in the State of Utah, and approved by SITLA; (ii) be issued for the benefit of SITLA; (iii) be for the amount sufficient to cover Lessee’s obligations under this Amended and Restated Lease to fully reclaim the Property; (iv) stipulate that SITLA be notified 90 days prior to termination or modification of the Financial Guaranty; and (v) ensure the name of the principal on the Financial Guaranty is the same as the name of Lessee. (c) Proof of Coverage; Replacement. (i) Proof of Coverage. On reasonable request from SITLA, Lessee shall provide SITLA with evidence that the Financial Guaranty is in good standing. (ii) Replacement. If the issuer terminates the Financial Guaranty, Lessee shall replace the Financial Guaranty with an equivalent Financial Guaranty within 60 days after receipt of notice of termination. If Lessee fails to provide SITLA with an equivalent Financial Guaranty within the 60-day period, such failure is deemed a material breach of this Amended and Restated Lease and SITLA may demand payment of the Financial Guaranty by the issuer. SITLA shall manage the monies received pursuant to this Section 7.6(c) as a cash bond and shall return any amounts not used by SITLA on full satisfaction of Lessee’s obligations under this Amended and Restated Lease. Page 11 SULA 1342 City of Moab 8. REGULATORY COMPLIANCE 8.1. Compliance with Applicable Law. In Lessee’s use and occupancy of the Property and the performance by Lessee of its rights and obligations under this Amended and Restated Lease, Lessee shall comply with all Applicable Law and obtain all necessary Governmental Approvals. Lessee shall pay all costs, expenses, liabilities, losses, fines, penalties, claims and demands including, without limitation, reasonable attorney’s fees that may in any way arise out of or be imposed because of the failure of Lessee to comply with any Applicable Law or Governmental Approvals. Lessee shall provide SITLA with copies of all Governmental Permits it obtains with respect to the Project and the Property. 8.2. Right of Contest. Lessee may contest the validity or applicability of any laws, orders, rules, regulations, directives, ordinances and requirements. During such contest, Lessee may refrain from complying with the contested law if: (a) SITLA is not or could not be subjected to criminal prosecution as a result of Lessee’s non-compliance; (b) SITLA’s title to the Property is not subject to lien or forfeiture as a result of Lessee’s non-compliance; and (c) neither the Property nor any rights or interest of SITLA are otherwise prejudiced or jeopardized by Lessee’s non- compliance. 8.3. SITLA Statute and Regulations. This Amended and Restated Lease is issued pursuant to, and is subject to, the provisions of Title 53C, Utah Code Annotated, 1953, as amended, and all current and future rules and regulations adopted by SITLA and its successor agencies. Lessee shall comply with all such statutes and rules as they exist on the Execution Date and as they may be amended or replaced in the future, provided that such statutes and rules do not materially alter the burdens and obligations of this Lease. 8.4. Restrictions on Hazardous Substances; Remedial Work. Lessee may not cause or permit any Hazardous Substance to be brought, kept, or used in or about the Property by Lessee except in commercial quantities not in violation of Applicable Law and similar to those quantities usually kept on similar Property by others in the same business or profession. Lessee shall store, use, and dispose of such materials in compliance with all Applicable Law. If the presence of any Hazardous Substance on, in or under the Property caused or permitted by Lessee results in any contamination of the Property, Lessee shall promptly complete all Remedial Work that is necessary to return the affected area to the condition existing prior to the introduction of any such Hazardous Substance. Lessee shall obtain all necessary licenses, manifests, permits and approvals to perform the Remedial Work. Lessee shall promptly perform all Remedial Work and the disposal of all waste generated by the Remedial Work in accordance with Applicable Law. 8.5. Endangered Species; Migratory Birds. In its use of the Property, Lessee shall take all actions reasonably necessary for the protection of endangered, threatened, and sensitive species, as the same may be defined by federal or state law; migratory birds as defined by the Migratory Bird Treaty Act, 16 U.S.C. § 703 et seq; and eagles as defined in the Bald and Golden Eagle Protection Act, 16 U.S.C. § 668a et seq. 8.6. Cultural, Archeological, Paleontological, and Antiquities Resources. (a) Survey Required. Prior to commencing any surface disturbing activity, Lessee shall, at its own cost and expense, complete a Cultural Resources Survey prepared in accordance with applicable laws and regulations, and obtain SITLA’s prior consent. Page 12 SULA 1342 City of Moab (b) SITLA’s Consent to Activities. Lessee shall provide all Cultural Resource compliance materials to SITLA prior to commencing the surface-disturbing activity. SITLA will review all such materials and may withhold or condition its consent to surface-disturbing activities if such activities would result in impacts to Cultural Resources. (c) Discovery of Site. On discovery of a Site, Historic Property, Remains, Antiquities, or Critical Paleontological Resource, Lessee shall immediately cease all activities until such time as the discovery has been evaluated and treated to SITLA’s satisfaction. (d) Property of State. All Specimens are and will remain the property of the State of Utah. 8.7. Wildfire. Lessee shall at all times take reasonable precautions to prevent wildfires from starting or spreading on the Property, and shall comply with Applicable Laws with respect to fire prevention and control. If Lessee or its employees, contractors, or licensees cause a wildfire that necessitates suppression action, Lessee shall reimburse the State of Utah and local fire authorities for the costs of any necessary fire suppression activities incurred as a result of the wildfire. 8.8. Fill Materials and Waste. Lessee may not allow any deposit of ballast, refuse, garbage, waste matter, chemical, biological or other wastes, hydrocarbons, any other pollutants, or other matter within or on the Property, except as approved in writing by SITLA. If Lessee fails to remove all non-approved fill material, wastes or materials described above from the Property, SITLA may at its option remove such materials and charge Lessee for the cost of removal and disposal. 9. ASSIGNMENT AND SUBLETTING 9.1. Prohibition against Assignment and Subleases. Lessee may not assign or sublease all or part of this Amended and Restated Lease without SITLA’s prior consent, which consent SITLA may not unreasonably withhold. Any attempted assignment or sublease without SITLA’s consent will be voidable and constitute a default under this Amended and Restated Lease. SITLA may condition approval of an assignment on a non-governmental assignee executing a new lease. This prohibition on assignments and subleases does apply to Lessee permitting other law enforcement agencies to use the Property as a shooting range. 9.2. Assignments and Subleases Subject to this Amended and Restated Lease. Lessee shall require any approved assignee or sublessee of this Amended and Restated Lease, whether in whole or part, to execute a written agreement assuming all of Lessee’s obligations under this Amended and Restated Lease. The assumption agreement must name SITLA as a third-party beneficiary with all rights to enforce the assumption agreement against Lessee and assignee or sublessee. Failure to include these requirements in an assumption agreement renders the assignment or sublease void. Lessee shall provide SITLA copies of all documents related to the assignment, assumption, and/or sublease of this Amended and Restated Lease subject to reasonable confidentiality requirements. 9.3. No Release. An assignment or sublease does not release Lessee from any of Lessee's obligations under this Amended and Restated Lease or the Original lease arising prior to the date of assignment or sublease. 9.4. Conditions of Assignment. SITLA may condition consent to an assignment or sublease on assignee or sublessee executing an updated lease and agreeing to reasonable amendments to the lease terms, including without limitation, changes to the legal and financial terms of the Amended Page 13 SULA 1342 City of Moab and Restated Lease to ensure that SITLA receives fair market value for the Property and that the terms comply with SITLA’s then-current lease template and agency best practices. 9.5. No Waiver of Future Right to Approve. Consent of SITLA to an assignment or sublease does not constitute a waiver of SITLA’s right to approve subsequent assignments or subleases. The acceptance by SITLA of payment or performance following an assignment or sublease does not constitute consent to any assignment or sublease. SITLA’s consent is only effective if it is in a writing and signed by SITLA. 10. WATER RIGHTS 10.1. Water Rights in Name of SITLA. If Lessee applies for a new appropriation of water from a point of diversion located on the Property for use on the Property, Lessee shall apply for such rights in SITLA’s name and the right will be considered an appurtenance to the Property. Lessee may use the water right at no cost during the Term. Upon termination of this Amended and Restated Lease, Lessee shall make all necessary filings to confirm SITLA’s ownership of the water rights. 10.2. Option to Purchase. Lessee hereby grants SITLA an option, exercisable on termination of this Amended and Restated Lease, to acquire any water rights that Lessee purchases or acquires for use on the Property (other than for short term uses related to construction). At termination of this Amended and Restated Lease, Lessee shall send Notice to SITLA of all water rights purchased or acquired by Lessee for operations on the Property and its estimate of the fair market value of those water rights. SITLA may exercise its option to acquire the water rights by giving Lessee Notice of its election within 30 days after it receives the Notice describing the water rights. If SITLA disagrees with Lessee’s fair market value estimate, SITLA shall notify Lessee of its disagreement within the same 30-day notice period. The parties shall then select a mutually agreeable appraiser for the water rights; the appraisal will be final and not subject to review or appeal. If the parties cannot agree on the choice of an appraiser, either party may seek a fair market value determination from the Third District Judicial Court of Utah. The parties shall consummate the transfer of the water rights to SITLA within 30 days of SITLA’s Notice of exercise or within 30 days after the appraisal or a court’s determination of fair market value. Lessee shall transfer the water rights by a water rights deed. 10.3. Proration in the Event of Unitization. If Lessee files to appropriate or acquires water rights as part of a unit, cooperative, or other plan of development, Lessee’s obligation to initiate water filings in SITLA’s name and its grant of the option to acquire to SITLA will be limited to a pro rata portion of such rights proportionate to SITLA’s ownership of lands within the approved unit area or the area of such other cooperative development arrangement. 11. INSURANCE 11.1. Liability Insurance. Lessee, at its sole cost and expense, shall at all times during the Term, maintain in force an insurance policy or policies that name SITLA and Lessee as insureds against all liability resulting from property damage, injury or death occurring to persons in or about the Property, with limits for each occurrence of not less than $3,100,000, combined single limit, with respect to personal injury, death, and property damage. Lessee shall provide SITLA, without necessity of demand, a duplicate policy or policies of any such insurance, subject to reasonable confidentiality requirements. Lessee shall maintain a current, authenticated certificate of insurance on file with SITLA. Page 14 SULA 1342 City of Moab 11.2. Other Insurance. Lessee shall, at all times during the Term and at the sole cost and expense of Lessee, maintain and keep in force: (a) workmen’s compensation insurance on its employees, if any, required under the applicable workmen's compensation laws of the State of Utah; (b) such other and additional insurance policies as a prudent lessee in the position of Lessee would maintain consistent with industry standards for Lessee's business, or as required by law. Lessee shall name SITLA as an additional insured on all insurance policies. 11.3. Policy Requirements. All insurance policies held by Lessee must: (a) be issued by a company rated “A” or better by the then most current edition of Best’s Insurance Guide (or if such guide is no longer published, then having a comparable rating as specified by SITLA), responsible and authorized to do business in the State of Utah, and approved by SITLA; (b) waive the insurance company’s rights of subrogation against the State of Utah; (c) name the State of Utah as an additional insured; (d) provide for specific coverage of Lessee’s assumed obligation to indemnify the State of Utah; and (e) ensure the name of the insured on the insurance policy is the same as the name of Lessee. 11.4. Lessee shall give SITLA 30-days’ advanced Notice of the termination or modification of the policy. 12. INDEMNIFICATION AND DEFENSE 12.1. Indemnification. The Indemnified Parties have no responsibility for and Lessee shall indemnify the Indemnified Parties from and against all Losses arising out of: (a) Lessee’s acts or omissions resulting in death, bodily injury, or damage to real property in connection with this Amended and Restated Lease; (b) Lessee’s breach of the representations and warranties or other covenants set forth in this Amended and Restated Lease; (c) the condition of the Property, excluding any condition existing prior to the Original Lease Date; (d) Lessee’s use of the Property; and (e) any use, generation, storage, disposal, release or threatened release of Hazardous Substances by Lessee on the Property during the Term of this Amended and Restated Lease or of the Original Lease, including without limitation: (i) all foreseeable and unforeseeable consequential damages; and (ii) the cost of any investigation, repair, cleanup, remediation or detoxification of the Property and other affected property and the preparations of any corrective action, closure or other required plans or reports. Page 15 SULA 1342 City of Moab (f) Lessee is not responsible to indemnify an Indemnified Party to the extent that the Indemnified Party caused the Losses. 12.2. Defense. (a) Lessee to Defend. Lessee shall defend an Indemnified Party against any Third-Party Claim arising out of or related to the indemnification obligations set forth in Section 12.1 (Indemnification). To be entitled to defense from Lessee, an Indemnified Party must notify Lessee within a reasonable time of a Third-Party Claim and deliver to Lessee a copy of all documents and information related to the Third-Party Claim. The Indemnified Parties’ failure to notify Lessee of a Third-Party Claim within a reasonable time does not relieve Lessee of its defense obligations unless Lessee is materially prejudiced by the Indemnified Party’s failure to give reasonable notice. (b) Independent Counsel. On notice of a Third-Party Claim from an Indemnified Party, Lessee shall promptly retain independent legal counsel that is reasonably acceptable to the Indemnified Party requesting defense. (c) Indemnified Party’s Participation in Defense. An Indemnified Party is entitled to participate in the defense of a Third-Party Claim with counsel of its own choosing and without Lessee’s participation if: (i) Lessee notifies the Indemnified Party that it does not wish to defend the Third-Party Claim or does not promptly retain independent counsel on notice of a Third-Party Claim; or (ii) an Indemnified Party determines, in the opinion of the Indemnified Party’s counsel, that it is in the best interest of the Indemnified Party to have independent counsel. (d) Litigation Expenses. Lessee shall pay any Litigation Expenses that an Indemnified Party incurs in connection with defense of a Third-Party Claim: (i) before Lessee assumes the defense of that Third-Party Claim, except with respect to any period during which the Indemnified Party fails to timely notify Lessee of that Third-Party Claim; or (ii) if Lessee does not defend the Third-Party Claim. Lessee is not liable for any Litigation Expenses that an Indemnified Party incurs in connection with defense of a Third-Party Claim after Lessee assumes the defense of that Third-Party Claim. Lessee shall promptly pay all Litigation Expenses as they are incurred. (e) Settlement. After Lessee assumes the defense of a Third-Party Claim, Lessee may contest, pay, or settle the Third-Party Claim without the consent of the Indemnified Party only if that settlement: (i) does not entail any admission on the part of the Indemnified Party that it violated any law or infringed the rights of any person; (ii) has no effect on any other claim against the Indemnified Party; (iii) provides as the claimant’s sole relief monetary damages that are paid in full by Lessee; and (iv) requires that the claimant release the Indemnified Party from all liability alleged in the Third-Party Claim. 13. DEFAULT 13.1. Events of Default of Lessee. Any of the following occurrences or acts constitute an “Event of Default” under this Amended and Restated Lease: (a) Lessee fails to pay Annual Rent or any other monies due to SITLA within 30 days of Notice from SITLA of failure to pay; Page 16 SULA 1342 City of Moab (b) Lessee fails to maintain insurance as required under Section 11 (Insurance) or to provide evidence of insurance coverage within 30 days of SITLA’s request; (c) Lessee fails to maintain an adequate Financial Guaranty as required under Section 7.6 (Financial Guaranty) or provide evidence of such Financial Guaranty within 30 days of SITLA’s request; (d) Lessee fails to commence reclamation of the Property at least three months prior to the end of the Term unless the parties are negotiating a renewal of this Amended and Restated Lease, or Lessee fails to complete reclamation of the Property by the end of the Term without executing a renewed lease; (e) Lessee fails to observe or perform any other material provision of this Amended and Restated Lease if such failure continues for 30 days after SITLA provides Lessee with notice of default, or if the cure requires a period longer than 30 days to complete, if Lessee fails to commence to effect the cure within such 30-day period and diligently pursue such cure thereafter; (f) (i) Lessee files a petition for bankruptcy, reorganization, or an arrangement pursuant to any federal or state bankruptcy law or any similar federal or state law, (ii) a creditor files any such petition against Lessee, (iii) Lessee makes an assignment for the benefit of creditors, (iv) Lessee admits in writing to its inability to pay its debts generally as they become due, (v) a petition or answer proposing the adjudication of Lessee as bankrupt or its reorganization pursuant to any federal or state bankruptcy law or any similar federal or state law is filed in any court and Lessee consents to or acquiesces in the filing thereof or such petition or answer is not discharged or denied within 60 days after the occurrence of any of the foregoing; or (g) a receiver, trustee or liquidator of Lessee or of all or substantially all of the assets of Lessee or of Lessee's leasehold interest in the Property is appointed in any proceeding brought by Lessee, or if any such receiver, trustee or liquidator is appointed in any proceeding brought against Lessee and is not discharged within 60 days after the occurrence thereof, or if Lessee consents to or acquiesce in such appointment. 13.2. Remedies. On occurrence of an Event of Default, SITLA has the following rights and remedies: (a) Right to Terminate. SITLA may terminate this Amended and Restated Lease on Notice to Lessee. If SITLA terminates pursuant to this Section, it may require Lessee to conduct all reclamation required under Section 7.2(a) (Reclamation and Abatement) or SITLA may undertake the reclamation obligations, use the Financial Guaranty to cover the reclamation expenses, and charge Lessee for costs and expenses incurred by SITLA and not otherwise covered by the Financial Guaranty. (b) Performance by SITLA. SITLA may, in its discretion, perform any necessary actions required to cure an Event of Default and charge Lessee all of its reasonable incurred costs and expenses. (c) Right to Re-enter. If SITLA terminates this Amended and Restated Lease pursuant to paragraph 13.2(a) (Right to Terminate), SITLA may immediately re-enter and repossess the Property by summary proceedings, ejectment, or any other legal action or in any Page 17 SULA 1342 City of Moab lawful manner SITLA determines necessary or desirable and remove all persons, improvements, and other personal property from the Property. (d) Remedies Not Exclusive. The rights and remedies provided in this Section 13.2 or otherwise in this Amended and Restated Lease are not exclusive of any other rights or remedies, and each and every right and remedy is cumulative and in addition to any other right or remedy given under this Amended and Restated Lease, or now or hereafter existing by law, in equity or by statute. 13.3. Damages. If SITLA exercises the remedies available to it pursuant to Section 13.2 (Remedies), Lessee shall pay SITLA: (a) All Annual Rent and other monies due under this Amended and Restated Lease up to the date of termination; (b) All SITLA’s costs incurred to exercise the remedies available to it under Section 13.2 (Remedies); and (c) two times the Annual Rent. (d) Lessee shall pay the damages due under this Section 13.3 within five days of receipt of the statement. The costs and expenses incurred by SITLA pursuant to this Section 13.3 will bear interest at the Default Rate from the date they are incurred until paid in full. 13.4. SITLA Breach. If SITLA breaches any of its material obligations in this Amended and Restated Lease, Lessee shall send SITLA Notice of the default. If SITLA fails to cure the default within 30 days of Lessee’s Notice, or if the cure requires a period longer than 30 days to complete and SITLA fails to commence to effect the cure within such 30-day period or diligently pursue such cure thereafter, Lessee may, as its sole and exclusive remedy, seek damages from SITLA by filing a judicial action in the appropriate venue, as set forth below. In seeking damages from SITLA, Lessee may recover its actual damages accruing from breach but may not offset or abate any sums due SITLA under this Amended and Restated Lease, and may not terminate this Amended and Restated Lease (except as otherwise provided in Section 14.2 (Lessee’s Right to Terminate). 14. TERMINATION 14.1. SITLA’s Right to Terminate. SITLA may terminate this Amended and Restated Lease (subject to Lessee’s right to cure), pursuant to Section 13.2(a) (Right to Terminate) by giving Notice of termination to Lessee. After the fifth anniversary of the Effective Date, SITLA may terminate this Amended and Restated Lease for any reason or no reason at all by giving Lessee one year’s prior Notice of termination. 14.2. Lessee’s Right to Terminate. Lessee may terminate this Amended and Restated Lease at any time by giving SITLA one year’s prior Notice of termination. 14.3. Effect of Termination Notice. If either party gives the other party a termination Notice, then such Notice triggers Lessee’s obligations to reclaim the Property pursuant to Section 7.2(a) (Reclamation and Abatement). Page 18 SULA 1342 City of Moab 14.4. Lessee’s Obligations on Termination. On termination of this Amended and Restated Lease, Lessee has the following obligations: (a) if termination occurs on an Event of Default, comply with paragraph 13.3 (Damages); (b) within 30 days of termination for reasons other than an Event of Default, pay SITLA all Annual Rent and other monies due under this Amended and Restated Lease up to the date of expiration or termination; (c) on termination of this Amended and Restated Lease for any reason, Lessee shall immediately surrender peaceable possession of the Property in a good, clean, and usable condition; and (d) within 30 days of termination for any reason or within five days after demand, Lessee shall execute, acknowledge and deliver to SITLA a quitclaim deed from Lessee to SITLA, or other document deemed necessary or desirable by SITLA to remove the cloud of this Amended and Restated Lease from title to the Property. 14.5. Effect of Termination. On termination of this Amended and Restated Lease, Lessee will have no more rights under this Amended and Restated Lease, other than to enter the Property to perform its obligations under Section 14.4 (Lessee’s Obligations on Termination). Lessee will remain liable for all outstanding obligations and liabilities until such obligations and liabilities are complete. 14.6. Waste Certification. Lessee shall provide upon any transfer of operation, assignment of rights, permanent cessation of operations, or lease termination, certification to SITLA that, based upon a complete search of all the Lessee’s records for this Amended and Restated Lease, and upon its knowledge of past operations, there have been no reportable quantities of hazardous substances as defined in 40 Code of Federal Regulations § 302.4, or used oil as defined in Utah Administrative Code R315-15, discharged (as defined at 33 U.S.C. §1321(a)(2)), deposited or released within the Property, either on the surface or underground, and that all remedial actions necessary have been taken to protect human health and the environment with respect to such substances. Lessee shall additionally provide to SITLA a complete list of all hazardous substances, hazardous materials, and their respective Chemical Abstracts Service Registry Numbers, used or stored on, or delivered to, the Property. Such disclosure will be in addition to any other disclosure required by law or agreement. 14.7. Force Majeure. The term “Force Majeure” means causes or events such as an act of God, act of civil or military authority, fire, epidemic, flood, earthquake, riot, war, terrorism, sabotage, or other similar cause or event not within such party’s reasonable control, but not including generalized economic conditions, recession, or depression. If either party, without fault or negligence by such party, is unable due to an event of Force Majeure, to perform any obligation under this Amended and Restated Lease, other than Lessee’s obligation to pay Annual Rent or other monies due under this Amended and Restated Lease, including late fees, then such party shall promptly give Notice to the other party of the Force Majeure event. The Notice of Force Majeure must set forth the particular nature and circumstances of the Force Majeure, the expected effect of the Force Majeure on the party’s performance under this Amended and Restated Lease, and the expected date the party will resume performance. As of the date of the event of Force Majeure, the party asserting Force Majeure is excused from performing any obligation that the party is unable to perform due to the Force Majeure event for as long as the event of Force Majeure continues, and such party is relieved of liability for its failure to perform the excused Page 19 SULA 1342 City of Moab obligations during the Force Majeure period. The party asserting an inability to perform shall use best efforts to correct such inability and to resume promptly its performance as required under this Amended and Restated Lease. The party asserting Force Majeure shall send the other party Notice when the event of Force Majeure has ended. 15. CONDEMNATION 15.1. Eminent Domain; Cancellation. If the Property is taken in whole by any entity with the power of eminent domain, excluding SITLA, (a “Condemning Authority”) or if the Property is conveyed to a Condemning Authority by a negotiated sale in lieu of condemnation, Lessee may terminate this Amended and Restated Lease by giving SITLA Notice of termination. If Lessee terminates this Amended and Restated Lease pursuant to this Section 15.1, SITLA shall refund to Lessee, on a pro rata basis, any Annual Rent prepaid beyond the date of termination. 15.2. Partial Taking. (a) If part of the Property is taken by or conveyed to a Condemning Authority and the partial taking or conveyance does not substantially interfere with Lessee’s use of the Property, this Amended and Restated Lease does not terminate and SITLA shall adjust rents and other monies owed, as appropriate, to reflect the remaining leased portion of the Property. (b) If part of the Property is taken by or conveyed to a Condemning Authority and the partial taking or conveyance substantially interferes with Lessee’s use of the Property, Lessee may terminate this Amended and Restated Lease as of the date of condemnation or sale by giving SITLA Notice of termination. If Lessee terminates this Amended and Restated Lease pursuant to this Section 15.2(b), SITLA shall refund to Lessee, on a pro rata basis, any rent prepaid beyond the date of termination. 15.3. Basis of Awards. Lessee hereby disclaims and waives all interest it may have in any award by the Condemning Authority for condemnation or conveyance of all or part of the Property. Lessee may seek recovery from the Condemning Authority for condemnation by or conveyance to the Condemning Authority of its leasehold interest and all improvements located on the Property. 16. GENERAL PROVISIONS 16.1. Amends and Restates Original Lease. This Amended and Restated Lease amends and restates the Original Lease in its entirety and all provisions that conflict with or are in addition to the terms of the Original Lease are effective as of the Effective Date and will continue for the remainder of the Term. 16.2. Notices. The parties shall send all notices, communications, and payments (“Notices”) in writing and addressed as follows: If to SITLA: School and Institutional Trust Lands Administration Attn: Assistant Director Surface 675 East 500 South, Suite 500 Salt Lake City UT 84102 Page 20 SULA 1342 City of Moab If to Lessee: City of Moab Attn: City Manager 217 E. Center Street Moab, Utah 84532 The parties shall give all Notices by (a) personal delivery, (b) deposit in the United States mail, certified mail, return receipt requested, postage prepaid, or (c) overnight express delivery service, addressed or transmitted to SITLA and Lessee at the above addresses, or to such other addresses as either party may designate to the other in a writing delivered in accordance with the provisions of this Section. All notices will be deemed delivered and effective on the date the notice is actually received, if notice is given by personal delivery or overnight express delivery service, or on the third day after mailing if notice is sent through the United States mail. 16.3. Lessee Liable for Actions of Representatives. Whenever this Amended and Restated Lease imposes obligations or liabilities on Lessee, those obligations and liabilities apply to actions or inactions of Lessee’s officers, agents, employees, sublessees, assignees, contractors, subcontractors, invitees, and concessionaires. Lessee hereby assumes all liability arising from the actions or inactions of Lessee’s officers, directors, owners, agents, employees, sublessees, assignees, contractors, subcontractors, invitees, and concessionaires on the Property or pursuant to this Amended and Restated Lease. 16.4. Survival. The following Sections survive termination of this Amended and Restated Lease: Sections 3.2 (Holding Over), 7.2 (Reclamation Obligations), 10 (Water Rights), 11 (Insurance), 12 (Indemnification and Defense), 13.2 (Remedies), 13.3 (Damages), 16.1 (Notices), 16.10 (Governing Law). 16.5. Waiver of Breach. A party’s waiver of a breach of any provisions of this Amended and Restated Lease does not constitute a waiver of any preceding or succeeding breach of the same or any other provision of this Amended and Restated Lease. SITLA’s acceptance of any money from Lessee during any period of time in which Lessee is in default in any respect other than payment of such money, does not constitute a waiver of such default. 16.6. No Third-Party Beneficiary. There are no third-party beneficiaries to this Amended and Restated Lease. 16.7. Severability. If a court of competent jurisdiction finds any provision of this Amended and Restated Lease invalid, such determination will not affect the validity of any other provision of this Amended and Restated Lease. 16.8. Construction. The titles following the number of each Section are used for convenience only and do not affect the interpretation or construction of such provisions. The parties acknowledge that each party and its counsel have reviewed and revised this Amended and Restated Lease. This Amended and Restated Lease must not be construed for or against SITLA or Lessee. 16.9. Successors. Subject to the restrictions in Section 9 (Assignment and Subletting), this Amended and Restated Lease constitutes a covenant running with the land and is binding on and inures to the benefit of the successors and assigns of SITLA and Lessee. Page 21 SULA 1342 City of Moab 16.10. Governing Law; Venue; Governmental Immunity. This Amended and Restated Lease is governed by the laws of the State of Utah without regard to its choice or conflicts of laws principles that may refer the interpretation of this Amended and Restated Lease to the laws of another jurisdiction. SITLA and Lessee agree that all disputes arising out of this Amended and Restated Lease may only be litigated in the Third Judicial District Court for Salt Lake County, Utah, and Lessee hereby consents to the jurisdiction of such court. Lessee may not bring any action against SITLA without exhaustion of available administrative remedies and compliance with applicable requirements of the Utah Governmental Immunity Act. By executing this Lease, neither SITLA nor Lessee waive, limit, or modify any sovereign immunity from suit except as specifically provided herein. 16.11. Broker’s Commission. Lessee and SITLA represent and warrant to each other that there are no claims for brokerage commissions or finder’s fees in connection with this Amended and Restated Lease. 16.12. Time is of the Essence. Time is of the essence of this Amended and Restated Lease and in the performance of all of the covenants and conditions. 16.13. Relationship of the Parties. The relationship of the parties is that of lessor and lessee, and SITLA is not in any way, or for any purpose, a partner or joint venturer of Lessee and neither party owes fiduciary duties to the other. 16.14. Time Periods. If the time for the performance of any obligation or the taking of any action under this Agreements expires on a Saturday, Sunday or legal holiday, the time for performance or taking such action shall be extended to the next succeeding day that is not a Saturday, Sunday or legal holiday. 16.15. Tax and Zoning Immunity. SITLA does not intend by any provision of this Amended and Restated Lease to waive any applicable laws providing tax and zoning immunity to state property or any interest therein or income therefrom. 16.16. Entire Agreement. This Amended and Restated Lease sets forth all the promises, inducements, agreements, conditions, and understandings between SITLA and Lessee relative to the Property, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between them other than are set forth therein. No subsequent alteration, amendment, change, or addition to this Amended and Restated Lease are binding upon SITLA or Lessee unless in writing and signed by each of them. 16.17. Counterparts and Electronic Signatures. The parties may execute this Amended and Restated Lease in counterparts, each of which when taken together will be deemed one and the same document. The parties may execute this Amended and Restated Lease by exchange of electronic signatures and such electronic signatures are enforceable against the signing party. The parties agree that an electronic version of this Amended and Restated Lease, as amended, has the same legal effect and/or enforceability as a paper version as per Utah Code Ann. § 46-4-201. [Signature page follows] Page 22 SULA 1342 City of Moab The parties have executed this Amended and Restated Lease on the dates indicated below. CITY OF MOAB By: Joette Langianese Its: Mayor Date: ________________________, 20__ STATE OF UTAH, SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION By: Its: Date: ________________________, 20__ Attest: Approved as to form: Sean D. Reyes, Attorney General By:__________________________________ Sommar Johnson, City Recorder By: Special Assistant Attorney General Page 1 Exhibit A SULA 1342 EXHIBIT A TO SPECIAL USE LEASE AGREEMENT NO. 1342 LEGAL DESCRIPTION OF THE PROPERTY The Property is located in Grand County, Utah and is within Township 26 South, Range 22 East, Section 34, SLB&M and described as follows: Commencing at the East ¼ corner of Section 34, T26S, R22E, SLB&M, from which the Northeast corner of said Section 34 bears N0°01'15"W 2643.93 ft., and proceeding thence S40°31'14"W 1311.99 ft. to a corner and the true Point of Beginning, thence S37°08'09"W 305.83 ft. to a corner, thence N64°59'58"W 294.83 ft. to a corner, thence N29°20'37"E 298.78 ft. to a corner, thence S65°10'58"E 336.50 ft. to the true Point of Beginning and containing 2.16 acres, more or less. Page 1 Exhibit B SULA 1342 EXHIBIT B TO SPECIAL USE LEASE AGREEMENT NO. 1342 MAP OF THE PROPERTY Moab City Council Board and Committee Appointments and Reappointments Rani Derasary: SE Utah Riparian Partnership EMS Special Service District Moab Tailings Steering Committee Grand/San Juan County System of Care Resource Advisory Committeee Grand Water and Sewer Agency Board ?? Grand County SSD Water Admin Control Board ?? Kalen Jones: Solid Waste SSD County Travel Council Advisory Board Moab Area Housing Task Force Moab Dark Skies UDOT Transit Committee Community Renewal Agency Board City/County Joint Committee Tawny Knuteson-Boyd: Canyonlands Health Care SSD Museum of Moab Housing Authority of SE Utah Luke Wojciechowski: Homeless Coordinating Committee County Trail Mix Planning Commission Liaison Moab Area Watershed Partnership Jason Taylor: County Airport Board Chamber Commerce Board EMS SSD (Community Member) County Travel Council Advisory Board (Community Member) Mayor: Association of Governments Moab Tailings Steering Committee (Community Member) Canyonlands Health Care SSD (Community Member) City/County Joint Committee Moab City Council Agenda Item Meeting Date: January 25, 2022 Title: Walnut Lane Bond Proceeds Presenter: Ben Billingsley Attachment(s): - Cash Flow Analysis Possible Motion: I move to return the proceeds of the Series 2021 Sales Tax Revenue Bonds in the amount of $6,500,000 plus accrued interest to the bond purchaser. Summary: Typically proceeds from bond issuance experience negative arbitrage, which is the difference between the interest earned on bond proceeds and the stated interest paid on the bond. Negative arbitrage is an opportunity cost as the project experiences delays, the asset is not being capitalized. The timing of the need for the bond proceeds is unclear, so the Council is considering returning the proceeds of the bond. Staff Recommendation: As the timing for the utilization of the bond proceeds is unknown, and the housing fund has the means to proceed with Phase 1 without using the bond proceeds, staff recommends returning the proceeds of the bond. Fiscal Note: The total cost of bond issuance plus paid and accrued interest is $167,000. Preceding Action: The return of bond proceeds has been a point of discussion since the summer of 2021, and this decision was tabled in the Council meeting on January 11. Subsequent Action: If bond proceeds are returned, the next decision point for Council is to determine the allocation of ARPA NEU (Non-Entitlement Unit) proceeds that will be dedicated to the housing fund, as well as provide guidance to staff on proceeding with the compilation of a bid package. Walnut Lane Cash Flow Analysis Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 2022 Jan-23 Feb-23 Mar-23 Cash Flow From Operations Inflows Rent Proceeds - Trailers 10,770 10,770 10,770 10,770 10,770 10,770 10,770 10,770 10,770 10,770 10,770 10,770 129,240 10,770 10,770 10,770 Rent Proceeds - Development - - - - - - - - - - - - - - - - Contra-Rent - Vacancy - - - - - - - - - - - - - - - - Outflows Operating Expenses (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (12,924) (1,077) (1,077) (1,077) Capital Reserves (323) (323) (323) (323) (323) (323) (323) (323) (323) (323) (323) (323) (3,877) (323) (323) (323) Management Fees (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (1,077) (12,924) (1,077) (1,077) (1,077) Cash Provided by Operations 8,293 8,293 8,293 8,293 8,293 8,293 8,293 8,293 8,293 8,293 8,293 8,293 99,515 8,293 8,293 8,293 Cash Flow From Development Site and Utility Improvements - - - (547,023) - - - - - - - - (547,023) - - - Construction - - - - (320,000) - - - (1,120,000) - - (1,440,000) - - (160,000) Cash (Used) by Development - - - (547,023) (320,000) - - - - (1,120,000) - - (1,987,023) - - (160,000) Cash Flow From Financing ARPA - NEU Funds - - - - - 631,520 - - - - - - 631,520 - - - ARPA - Local Match - - 613,061 - - - - - - - - - 613,061 - - - Land Acquisition Debt Service - - - - - - - - - - (148,198) - (148,198) - - - Phase 1 Bond (Accrued Interest+Issuance) (75,999) - - - - - - - - - - - (75,999) - - - Phase 2 and 3 Bond Cash Provided (Used) From Financing (75,999) - 613,061 - - 631,520 - - - - (148,198) - 1,020,384 - - - Change in Cash (67,707) 8,293 621,354 (538,730) (311,707) 639,813 8,293 8,293 8,293 (1,111,707) (139,905) 8,293 (867,124) 8,293 8,293 (151,707) Ending Cash Position 1,565,524 1,573,817 2,195,171 1,656,441 1,344,734 1,984,547 1,992,840 2,001,133 2,009,426 897,718 757,814 766,107 766,107 774,400 782,692 630,985 Moab City Council Agenda Item Meeting Date: January 25, 2022 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: Cory Shurtleff, Planning & Zoning Administrator Attachment(s): Exhibit 1 Draft Development Agreement Moab City 011922 Recommended Motion: “I move that the Moab City Council 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 of the Rezone Section from RA-1 Agricultural-Residential Zone to the R-3 Multi-household Zone (the “Rezone Request”) 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. 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 as defined above. “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 4827-5593-8558, v. 3 3 Active Employment Units. The Active Employment Units shall be: (1) roughly proportional by number in type (e.g. studio, one bedroom, two bedroom) and size (square footage) to the free market units; and (2) of a quality, both aesthetically and with respect to the standard of construction, that is not materially different from the free market units. Satisfaction of the proportionality requirement shall be determined by the Planning Commission as part of the Site Plan approval process for the Project. 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 Request, and all parties that obtain any interest in any dwelling within the 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 of land requesting rezone, and the land and improvements constituting the Active Employment Units, and, for the benefit of the City, shall encumber the Rezone Section 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 4827-5593-8558, v. 3 4 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. 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. 5. 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. 6. 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. 7. Payment of Fees. 7.1. 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. 7.2. 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. 7.3. 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. 4827-5593-8558, v. 3 5 8. Vested Rights. 8.1. Vested Rights. If the Rezone Request 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. 8.2. Contingency. If the City Council does not approve the Rezone Request, this agreement shall be considered null and void. 8.3. 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 change and its applicability to the Project under the compelling, countervailing public interest exception to the vested rights doctrine. 9. Infrastructure and the Provision of Municipal Services. 9.1. 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. All such infrastructure shall be constructed in accordance with applicable City standards. Developer may be required to enter into a Development Improvements Agreement and be required to dedicate all public infrastructure and associated property interests to the City as provided in Moab City Code 17.67.070. 4827-5593-8558, v. 3 6 9.2. Third Party Service Providers. The Parties understand and acknowledge that 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. 9.3. 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. 9.4. 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) all City services to such properties that it provides from time to time to other residents and properties within the City at the same levels of service and on the same terms and at the same rates as provided to other similarly situated properties in the City. 10. 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 submitted and development that has occurred within the Project notwithstanding the termination of this Agreement. 11. Successors and Assigns. 11.1. 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. 11.2. 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. 12. Default. 12.1. 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. 12.2. Contents of the Notice of Default. The Notice of Default shall: 4827-5593-8558, v. 3 7 12.2.1. Claim of Default. Specify the claimed event of default; 12.2.2. 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; 12.2.3. Specify Materiality. Identify why the default is claimed to be material; and 12.2.4. 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. 12.3. 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. 12.4. Remedies. If, after meeting and conferring, the Parties are not able to resolve the default, then the Parties may have the following remedies: 12.4.1. 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. 12.4.2. 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. 12.4.3. 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. 12.5. 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. 12.6. 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 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. 4827-5593-8558, v. 3 8 12.7. 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. 12.8. Cumulative Rights. The rights and remedies set forth herein shall be cumulative. 12.9. 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. 13. Indemnification for Legal Costs. In the event that any third party files any litigation against the City regarding this Development Agreement, the status of the Active Employment Units, or the Rezone Request, Developer agrees to indemnify, defend, and hold the City harmless from all attorney’s fees and litigation costs incurred by the City in connection with such action. In the event that litigation is filed by a third party, Developer will assume primary defense of such litigation, and the City agrees to cooperate with Developer in the defense thereof. The City shall retain legal counsel of its choosing for that defense. 14. 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 4827-5593-8558, v. 3 9 Any Party may change its address or notice by giving written notice to the other Parties in accordance with the provisions of this Section. 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. 4827-5593-8558, v. 3 10 10. Governing Law. This Agreement and the performance hereunder shall be governed by the laws of the State of Utah. 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 Joette Langianese 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: January 25, 2022 Title: Consideration and Possible 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: Cory Shurtleff, Planning & Zoning Administrator 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 1: Draft Ordinance 2021-15 Exhibit 2: Vicinity Map with surrounding zoning Exhibit 3: Vicinity Map with Proposed Zoning Exhibit 4: RA-1 Zone Regulations 17.54 Exhibit 5: PUD Code regulations 17.66 Exhibit 6: R-3 Regulations 17.48 Exhibit 7a: Public Comments received Exhibit 7b: Molly Taylor Public Comment Exhibit 8: Minutes of the August 26, 2021 Planning Commission Meeting Exhibit 9: Draft Development Agreement 011922 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 that the Moab City Council 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 2 subject parcel zone from RA-1 Residential-Agricultural Zone to R-3 Multi-Household Residential Zone. 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 review 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. 3 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 9. 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 2 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 the 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 2 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 3 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. 4 A. Was the existing zone for the property adopted in error? Applicant: No. 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. 5 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 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 7a, 7b, and 8 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: 6 “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. 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 7 Golf courses Group homes Home Occupations One-household dwellings and accessory uses 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. 8 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. 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 January 25, 2022. SIGNED: ________________________________ Joette Langianese, 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 �' 1 11 111 : I i 1 1 rT 1 1 1-_--1i X44 1 11 1 1 ,- .1;_11.1 1 I 1 t1.1 I 1I 1I 1 ! 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@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. 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 of the Rezone Section from RA-1 Agricultural-Residential Zone to the R-3 Multi-household Zone (the “Rezone Request”) 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. 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 as defined above. “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 4827-5593-8558, v. 3 3 Active Employment Units. The Active Employment Units shall be: (1) roughly proportional by number in type (e.g. studio, one bedroom, two bedroom) and size (square footage) to the free market units; and (2) of a quality, both aesthetically and with respect to the standard of construction, that is not materially different from the free market units. Satisfaction of the proportionality requirement shall be determined by the Planning Commission as part of the Site Plan approval process for the Project. 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 Request, and all parties that obtain any interest in any dwelling within the 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 of land requesting rezone, and the land and improvements constituting the Active Employment Units, and, for the benefit of the City, shall encumber the Rezone Section 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 4827-5593-8558, v. 3 4 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. 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. 5. 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. 6. 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. 7. Payment of Fees. 7.1. 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. 7.2. 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. 7.3. 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. 4827-5593-8558, v. 3 5 8. Vested Rights. 8.1. Vested Rights. If the Rezone Request 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. 8.2. Contingency. If the City Council does not approve the Rezone Request, this agreement shall be considered null and void. 8.3. 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 change and its applicability to the Project under the compelling, countervailing public interest exception to the vested rights doctrine. 9. Infrastructure and the Provision of Municipal Services. 9.1. 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. All such infrastructure shall be constructed in accordance with applicable City standards. Developer may be required to enter into a Development Improvements Agreement and be required to dedicate all public infrastructure and associated property interests to the City as provided in Moab City Code 17.67.070. 4827-5593-8558, v. 3 6 9.2. Third Party Service Providers. The Parties understand and acknowledge that 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. 9.3. 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. 9.4. 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) all City services to such properties that it provides from time to time to other residents and properties within the City at the same levels of service and on the same terms and at the same rates as provided to other similarly situated properties in the City. 10. 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 submitted and development that has occurred within the Project notwithstanding the termination of this Agreement. 11. Successors and Assigns. 11.1. 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. 11.2. 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. 12. Default. 12.1. 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. 12.2. Contents of the Notice of Default. The Notice of Default shall: 4827-5593-8558, v. 3 7 12.2.1. Claim of Default. Specify the claimed event of default; 12.2.2. 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; 12.2.3. Specify Materiality. Identify why the default is claimed to be material; and 12.2.4. 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. 12.3. 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. 12.4. Remedies. If, after meeting and conferring, the Parties are not able to resolve the default, then the Parties may have the following remedies: 12.4.1. 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. 12.4.2. 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. 12.4.3. 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. 12.5. 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. 12.6. 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 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. 4827-5593-8558, v. 3 8 12.7. 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. 12.8. Cumulative Rights. The rights and remedies set forth herein shall be cumulative. 12.9. 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. 13. Indemnification for Legal Costs. In the event that any third party files any litigation against the City regarding this Development Agreement, the status of the Active Employment Units, or the Rezone Request, Developer agrees to indemnify, defend, and hold the City harmless from all attorney’s fees and litigation costs incurred by the City in connection with such action. In the event that litigation is filed by a third party, Developer will assume primary defense of such litigation, and the City agrees to cooperate with Developer in the defense thereof. The City shall retain legal counsel of its choosing for that defense. 14. 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 4827-5593-8558, v. 3 9 Any Party may change its address or notice by giving written notice to the other Parties in accordance with the provisions of this Section. 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. 4827-5593-8558, v. 3 10 10. Governing Law. This Agreement and the performance hereunder shall be governed by the laws of the State of Utah. 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 Joette Langianese 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: January 25, 2022 Title: Utility Collection Policies Presenter: Marcy Mason Attachment(s): - Ordinance 2022-01 An Ordinance Amending Moab Municipal Code 13.24 Rates and Charges - Title 13 Chapter 13.24 Rates and Charges - Redline Recommended Motion: I move to adopt Ordinance 2022-01 as presented in Rates and Charges – Redline, an ordinance amending Chapter 13.24 Rates and Charges. Background/Summary: The Treasurer’s office goes to great lengths to prevent utility shutoffs. Currently, the Code requires that an account be 60 days in arrears prior to shutoff. Most municipalities, including other utility service providers within Grand County, have a shutoff period shortly following the due date of the first bill. We have found that an excessive time frame is a disservice to our residents, as the accrued past due balance can become unbearable. It is also important to note that as long as a past due resident commits to a payment plan, the utilities will not be turned off. The intent of this adjustment is to decrease the amount of shutoffs initiated by the treasurer’s office by bringing the past due balance to the customer’s attention more quickly. The proposed amendment also cleans up some of the billing code, including the water leak credit. 1 CITY OF MOAB ORDINANCE #2022-01 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE TITLE 13 CHAPTER 24 RATES AND CHARGES WHEREAS, the City has adopted Title 13 Chapter 24 of the Moab Municipal Code, which establishes the rates and charges for the City; and, WHEREAS, the Moab City Council finds that updating the code to reflect current practices and updated disconnect services to better serve the community. NOW THEREFORE, the Moab City Council hereby ordains that Title 13 Chapter 13.24, Rates and Charges be amended as displayed in Exhibit A: PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect immediately upon passage. SIGNED: Joette Langianese, Mayor Date ATTEST: Sommar Johnson, Recorder Ch. 13.24 Rates and Charges | Moab Municipal Code Page 1 of 4 The Moab Municipal Code is current through Ordinance 21-14, passed July 13, 2021. Chapter 13.24 RATES AND CHARGES Sections: 13.24.001 Definitions. 13.24.005 Deposit required--Delinquent accounts policy. 13.24.020 Sewer rate schedule. 13.24.030 Special rates for unusual consumption. 13.24.040 Billing procedure. 13.24.050 Failure to pay charges. 13.24.060 Failure of meter to register. 13.24.070 Water meter reread charges. 13.24.080 Reserved. 13.24.001 Definitions. For the purposes of this chapter: “Average monthly winter water usage rate” is defined as the water usage rate in thousands of gallons, calculated annually by averaging the water usage in the four months of November through February. “Commercial establishment” is defined as any retail, service or business establishment, including all businesses that provide overnight accommodations. “Governmental entity” is defined as any legislative, judicial, administrative or regulatory entity. “Institution” is defined as including schools, churches, hospitals, nursing homes and similar institutional establishments. “Multiple dwelling” or “multiple unit residential complex” is defined as any group of residential units used for domestic purposes, served by one water meter, including, but not limited to multiple-household dwellings, apartment unit complexes, townhouse and condominium complexes, and trailer and mobile home parks. “Single-household residential dwelling” is defined as any single-household dwelling unit used for domestic purposes, served by one water meter. (Ord. 19-13 § 21 (part), 2019; Ord. 95-10 (part), 1995) Ch. 13.24 Rates and Charges | Moab Municipal Code Page 2 of 4 The Moab Municipal Code is current through Ordinance 21-14, passed July 13, 2021. 13.24.005 Deposit required--Delinquent accounts policy. A deposit is required for all City water, sewage and trash service accounts. The amount of the deposit is itemized in Chapter 3.50, the Master Fee Schedule. A. All deposits made with the Citycity are noninterest bearing. After one year the account may be reviewed and the deposit refunded if payment history shows twelve current consecutive payments. B. The City will disconnect service to any accounts sixty ten days or more delinquent. (Ord. 19-29 (part), 2019: Ord. 19-13 § 21 (part), 2019; Res. 12-90, 1990) 13.24.020 Sewer rate schedule. The sewer rate schedule shall be adopted by resolution of the City Council. If deemed necessary, the City may by resolution specify additional (or excess) sewer rates for users that discharge wastewater in excess of that defined for an equivalent residential user (ERU) as to total dissolved solids (TSS) or biochemical oxygen demand (BOD). Additionally, the City may specify an additional rate for any user which may cause the City to incur increased costs for handling and disposal of excess sewage sludge. Costs associated with treating inflow and infiltration flows into city sewer pipelines will be borne by all rate payers. (Ord. 17-30 (part), 2017: Ord. 17-25 (part), 2017: Ord. 99-17, 1999: Ord. 98-15, 1998) 13.24.030 Special rates for unusual consumption. A. The City Council may from time to time fix special rates and conditions for water and sewer users who use an exceptionally large or small amount of water upon such terms and conditions as they may deem proper. B. In the event of a water leak on the property owner’s side of the water meter, the City Treasurertreasurers department, upon approval of the City Manager, Finance Director, Public Works Director, and City Treasurer, shall issue one half of the dollar up to fifty percent of the amount of the water charge during the period in which the water leak occurred with the following conditions: 1. The property owner must provide to the City a written statement stating when the leak was discovered and providing evidence that the leak has been fixed. Shall the city be the one to notify the owner of a water leak on the property, the owner will have five business days to fix the issue to be considered for the leak relief. 2. The City waterworks superintendent Public Works Director must deter--mine that excessive usage was not caused by neglect of water lines by the current property owner. Ch. 13.24 Rates and Charges | Moab Municipal Code Page 3 of 4 The Moab Municipal Code is current through Ordinance 21-14, passed July 13, 2021. 3. The leak must have produced water usage at or above twenty thousand gallons per month higher than the previous year’s history. If usage history has not been established, evaluation by City Treasurer on accounts comparable to the resident will be made and submitted to the City Manager. 4. Refunds will be given for the maximum of two One months in which the water leak occurred. (Ord. 01- 09, 2001; prior code § 26-64) 13.24.040 Billing procedure. The City Recordertreasurer office, at the end of each month, shall mail a written statement to each water and sewer user that have selected paper billing, and upload file to the online payment portal , stating the amount of the water and sewer bill assessed against him them and when and where payable. The water service and sewer service charges shall be separately itemized but shall have a single total. (Prior code § 26-65) 13.24.050 Failure to pay charges. If any person neglects, refuses or fails to pay his water or sewer service charges within thirty days from the date of billing thereof, the City Treasurer shall notify the person in writing that the water will be turned off from his premises after ten days from the date of such notification. The City Treasurer shall issue an order to the waterworks superintendentwater department to turn the water off from the premises of such person where such unpaid charges are assessed. Before the water shall be turned on again, all delinquent water and sewer service charges shall be paid in full, plus a deposit and turn-on fee to be established by the City Council, and specified in the Master Fee Schedule, Chapter 3.50. The City Treasurer is authorized to enforce the payment of all delinquent water and sewer rates by an action in law in the corporate name of the Citycity. (Ord. 19-29 (part), 2019: Ord. 87-04 § 5, 1987: prior code § 26-66) 13.24.060 Failure of meter to register. If any water meter gets out of order and fails to register, the water user shall be charged for the time it was out of order at the average daily rate as registered by the meter when in order. (Prior code § 26-67) Ch. 13.24 Rates and Charges | Moab Municipal Code Page 4 of 4 The Moab Municipal Code is current through Ordinance 21-14, passed July 13, 2021. 13.24.070 Water meter reread charges. The rates for water meter rereads at the customer’s request, and changing of the meters, are itemized in Chapter 3.50, the Master Fee Schedule. (Ord. 19-29 (part), 2019: Res. 07-88, 1988) 13.24.080 Reserved. * Editor’s note: Ord. No. 19-29, adopted September 24, 2019, repealed § 13.24.080, which pertained to backflow inspection fees and derived from Res. No. 32-91. The Moab Municipal Code is current through Ordinance 21-14, passed July 13, 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 Page 1 of 3 January 11, 2022 MOAB CITY COUNCIL MINUTES--DRAFT REGULAR MEETING January 11, 2022 Moab City Council held its Regular Meeting on the above date. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Annotated § 52-4-207(5)(a), the Moab City Council Chair issued written determinations supporting the decision to convene electronic meetings with City Council chambers serving as a physical anchor location. Audio is archived at www.utah.gov/pmn and video is archived at https://www.youtube.com/watch?v=JnyOk4oIhuc and https://www.youtube.com/watch?v=bEqOkiBOer4. Attendance and Call to Order: Mayor Joette Langianese called the meeting to order at 7:03 p.m. Councilmembers Tawny Knuteson-Boyd, Rani Derasary, Kalen Jones, Jason Taylor and Luke Wojciechowski attended remotely. City staff participating included Acting City Manager Carly Castle, Finance Director and Acting Deputy Manager Ben Billingsley, Senior Project Manager Kaitlin Myers, Communications and Engagement Manager Lisa Church, Assistant Police Chief Bradon Palmer, Police Sergeant Monty Risenhoover and Recorder Sommar Johnson. Citizens To Be Heard: Rhianna Medina, Director of the Moab Valley Multicultural Center, stated she was glad to see the Walnut Lane project on the agenda. She encouraged Council to pursue affordable housing on Walnut Lane and stated the housing shortage is the worst she has seen. She offered her support to pursue the project. A brief exchange took place regarding potential grant funding. Consent Agenda: Motion and Vote: Councilmember Knuteson-Boyd moved to approve a consulting contract with Red Hill Strategic, Inc. for an amount not to exceed $40,000; confirmation of reappointment of Jessica O'Leary to the Moab City Planning and Zoning Commission for a full three-year term that ends December 31, 2024; and approval of minutes for the December 14, 2021, Regular Meeting. Councilmember Jones seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Taylor, Knuteson-Boyd and Wojciechowski voting aye. New Business: Reappointment of Kya Marienfeld to Planning Commission—Approved Motion and Vote: Councilmember Derasary moved to approve confirmation of reappointment of Kya Marienfeld to the Moab City Planning and Zoning Commission for a full three-year term that ends December 31, 2024. Councilmember Knuteson-Boyd seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Taylor and Knuteson-Boyd voting aye and Councilmember Wojciechowski abstaining due to a stated conflict of interest due to his personal relationship with Ms. Marienfeld. Community Organization Liaison and Board Assignments: Discussion Mayor Langianese led a discussion on upcoming Council and staff assignments to various community boards. She asked staff to forward a draft roster to Council for consideration. Mayor Pro Tem for 2022—Approved Motion and Vote: Councilmember Derasary moved to approve appointment of Councilmember Knuteson-Boyd as the 2022 Mayor Pro Tem. Councilmember Jones seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Taylor, Knuteson-Boyd and Wojciechowski voting aye. Page 2 of 3 January 11, 2022 Councilmember Responsible for Reviewing the City’s Bills—Approved Motion and Vote: Councilmember Jones moved to approve appointment of Councilmember Knuteson-Boyd to be the Councilmember Responsible for Reviewing the City's Bills in 2022. Councilmember Taylor seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Taylor, Knuteson-Boyd and Wojciechowski voting aye. Old Business: Walnut Lane Redevelopment—Discussion Senior Project Manager Myers thanked Council and the Multicultural Center Director for their support of the Walnut Lane Project and recognized the occasion of her last day as a City employee. She presented an overview of the history and timeline of the plan to redevelop the property into an affordable housing venture. Discussion ensued regarding the construction loan terms and financing. Councilmember Knuteson-Boyd expressed her support of the project. Executive (Closed) Session: Councilmember Jones moved to enter an Executive Session to discuss Reasonably Imminent and/or Pending Litigation and/or to discuss the Purchase, Exchange, or Lease of Real Property. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Taylor, Knuteson-Boyd and Wojciechowski voting aye. Mayor Langianese convened the Executive Session at 7:10 p.m. Councilmember Knuteson-Boyd moved to exit the Executive Session. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Taylor, Knuteson-Boyd and Wojciechowski voting aye. Mayor Langianese ended the Executive Session at 8:25 p.m. Walnut Lane Redevelopment—Discussion and Action Mayor Langianese led a discussion concerning options for Walnut Lane, including a Design/Build arrangement or the engagement of a Master Developer. Councilmember Jones asked about staff resources needed to carry the effort forward. Senior Project Manager Myers described a model employed by Park City involving in-house supervision of a public/private partnership. Councilmember Jones acknowledged a smaller and simpler project would have better served the emergent needs of Moab. Acting City Manager Castle stated the recruitment and hiring of a new Senior Project Manager would be imminent. Councilmember Knuteson- Boyd stated her support for rehiring the position and for the Master Developer model. Councilmember Wojciechowski spoke about displacement of residents as a pressing issue. Councilmember Derasary stated her priority would be to construct housing in the fastest way possible, and requested clarification on funding and parking concerns. Councilmember Taylor concurred with the displacement issue and stated his interest in exploring the Master Developer option. Mayor Langianese asked about American Rescue Plan Act (ARPA) funding. Finance Director and Acting Deputy Manager Billingsley described various funding mechanisms and indicated Phase I could be constructed without incurring any debt. Discussion ensued regarding whether to return the revenue bond due to construction delays. Walnut Lane Redevelopment Options—Tabled Motion and Vote: Councilmember Knuteson-Boyd moved to table discussion of options for the Walnut Lane Redevelopment until a future meeting. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Taylor, Knuteson- Boyd and Wojciechowski voting aye. Walnut Lane Sales Tax Bond Decision—Tabled Motion and Vote: Councilmember Taylor moved to table a decision on the Walnut Lane Sales Page 3 of 3 January 11, 2022 Tax Revenue Bond. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Taylor, Knuteson-Boyd and Wojciechowski voting aye. Administrative Reports: Acting City Manager Castle reported on the City’s COVID response in view of an outbreak that infected staff. She also gave a brief update on ARPA funds for which the City is eligible. She mentioned an upcoming media training for newly elected officials and noted the imminent legislative session and Local Officials’ Day, a training for the Utah Land Use Handbook, a Council workshop on the transit plan, and a team-building workshop. Communications and Engagement Manager Church described a new platform for citizen feedback called Text My Gov. Assistant Police Chief Palmer gave a presentation on the City’s AXON Equipment Lease for Tasers, body-worn cameras, evidence management and officer training. Sergeant Risenhoover was also present to answer questions. Mayor and Council Reports: Councilmember Taylor stated he attended a virtual airport board meeting. Councilmember Knuteson-Boyd had no meetings to report and thanked staff for the holiday party. Councilmember Jones reported on a meeting of the Forest Plan and noted the timeline for final approval would be in 2024. He mentioned he attended meetings regarding the Community Renewable Energy Coalition, City and County joint economic development and the Unified Transportation Plan open house. Councilmember Derasary stated she attended the swearing-in and noted it was well attended. She shared citizen feedback requesting the County Administrator to update the City Council. She also brought up proposed legislation protecting tenants evicted from affordable housing for the purposes of market-rate property redevelopment. Mayor Langianese reported she attended multiple meetings including many with staff. She announced an upcoming coordination meeting with County leaders to discuss issues of joint interest. Approval of Bills: Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills against the City of Moab in the amount of $392,128.23. Councilmember Wojciechowski seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Taylor, Knuteson-Boyd and Wojciechowski voting aye. Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting and Mayor Langianese adjourned the meeting at 9:38 p.m. APPROVED: __________________ ATTEST: ___________________ Joette Langianese, Mayor Sommar Johnson, City Recorder FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget 7/1/2021 8/1/2021 9/1/2021 10/1/2021 11/1/2021 12/1/2021 7/1/2020 7/1/2021 6/30/2022 7/31/2021 8/31/2021 9/30/2021 10/31/2021 11/30/2021 12/31/2021 6/30/2021 12/31/2021 10 General Fund Change In Net Position Revenue: Taxes SALES & USE TAXES 10-310-300 314,934 372,747 229,801 250,622 297,254 248,592 2,803,004 1,713,950 2,633,932 65% RAP TAXES 10-310-350 45,536 54,257 31,076 33,108 41,976 34,915 91,789 240,867 319,541 75% FRANCHISE TAXES 10-310-314 2,286 16,877 3,551 5,567 13,834 12,746 106,011 54,861 144,707 38% HIGHWAY TAXES 10-310-315 138,783 166,067 93,055 99,538 128,136 104,758 1,136,233 730,337 1,087,020 67% TRANSIENT ROOM TAXES 10-310-316 238,805 292,287 139,038 175,489 210,171 182,942 1,578,634 1,238,732 1,589,647 78% RESORT COMMUNITY TAXES 10-310-317 723,893 871,122 477,557 513,662 669,162 539,917 5,649,771 3,795,312 5,623,139 67% ENERGY TAXES 10-310-318 16,492 22,654 21,524 18,611 15,626 14,164 222,462 109,070 168,308 65% Total Taxes 1,480,730 1,796,011 995,601 1,096,596 1,376,159 1,138,034 11,587,906 7,883,130 11,566,294 68% Licenses and permits FLAT BUSINESS LICENSES 10-320-326 1,282 99 437 1,147 645 622 23,289 4,232 12,000 35% SPECIAL EVENT LICENSES 10-320-327 466 2,218 - - 1,286 820 10,507 4,790 6,000 80% SIGN PERMITS 10-325-300 - - - - 42 - 88 42 200 21% BUILDING PERMITS - CITY 10-325-301 3,356 2,630 5,218 909 1,888 2,753 57,020 16,754 40,000 42% BUILDING PERMITS - COMMERCIAL 10-325-302 27,314 5,927 8,148 2,866 6,965 1,620 60,856 52,839 30,000 176% 1% BLDG PERMIT CHARGE 10-325-303 306 (126) 135 39 90 (403) 281 41 500 8% PLAN CHECK FEES 10-325-304 25,433 935 15,472 585 845 780 42,219 44,051 - #DIV/0! PLANNING & ZONING ALL OTHER FE 10-325-307 1,130 719 5,731 1,325 15,879 1,068 20,257 25,851 10,000 259% OTHER LICENSES & PERMITS 10-325-309 50 25 - 1 - 25 380 101 - #DIV/0! Total Licenses and permits 59,337 12,427 35,141 6,872 27,639 7,285 214,897 148,701 98,700 151% Intergovernmental revenue PSafety - STATE LIQUOR FUND AL 10-335-380 - - - - - 28,465 28,173 28,465 28,000 102% PSafety - MISC STATE GRANTS 10-350-355 - - - - - - 9,631 - - #DIV/0! PSafety - VICTIM ADVOCATE GRAN 10-350-358 10,556 - - - 14,982 - 63,814 25,538 58,115 44% PSafety - VICTIM ADVOCATE 10-350-361 - - - - - - 4,940 - - #DIV/0! SAN JUAN CO. CONTRIBUTION 10-369-374 - - - - - - 5,000 - 5,000 0% GRAND COUNTY CONTRIBUTION 10-371-370 - - - - - - 77,948 - 38,974 0% Total Intergovernmental revenue 10,556 - - - 14,982 28,465 189,506 54,003 130,089 42% Charges for services SPECIAL SERVICES BY CITY DEPTS 10-340-301 - - - - - - 2,000 - 2,000 0% SPECIAL EVENT SERVICES BY CITY 10-340-302 - - - - - - - - - #DIV/0! SPECIAL SERVICES BY ENGINEERIN 10-340-303 - - - - - - 53,726 - 35,000 0% SPECIAL SERVICES BY TREASURER 10-340-304 - - - - - - - - - #DIV/0! GARBAGE BILLING / COLLECTION 10-345-320 16 6,895 6,901 6,946 6,949 6,733 293,906 34,439 84,000 41% REFUSE COLLECTION CHARGES 10-345-330 107,685 107,685 107,955 107,567 104,129 101,760 994,686 636,780 1,200,000 53% RECYLING COLLECTION CHARGES 10-345-340 8,130 8,166 8,162 8,236 8,120 8,140 95,596 48,954 60,000 82% PSafety - ANIMAL SHELTER FEES 10-350-330 1,545 310 360 465 530 170 5,390 3,380 6,000 56% PSafety - ANIMAL SHELTER INTER 10-350-340 7,113 900 720 540 720 360 11,134 10,353 14,500 71% PSafety - SECURITY SERVICES 10-350-351 - - - 3,144 - - 11,366 3,144 2,000 157% PSafety - SPECIAL EVENT SERVIC 10-350-352 - - - (1,300) - - - (1,300) 8,000 -16% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget PSafety - RECORDS FEES 10-350-353 809 207 3,451 230 (2,895) 110 1,435 1,912 1,000 191% PSafety - WITNESS FEES 10-350-354 - - - - - - 74 - 100 0% Late and NSF Fees 10-350-363 - - 50 - - - - 50 - #DIV/0! Total Charges for services 125,297 124,162 127,598 125,828 117,553 117,272 1,469,313 737,711 1,412,600 52% Sustainability SUSTAINABILITY GRANTS AND DONA 10-369-304 - - - - - - - - - #DIV/0! SUSTAINABILITY MONUMENT COST S 10-369-306 - - - - - - - - - #DIV/0! Total Sustainability - - - - - - - - - #DIV/0! Fines and forfeitures CODE ENFORCEMENT FINES 10-325-306 - - 650 - - - 6,420 650 - #DIV/0! PSafety - FINES & PENALTIES 10-350-360 3,633 3,270 2,510 - 2,146 40 37,786 11,598 40,000 29% PSafety - FORFEITURES 10-371-372 - - - - - - (1,776) - - #DIV/0! Total Fines and forfeitures 3,633 3,270 3,160 - 2,146 40 42,429 12,248 40,000 31% Interest INTEREST INCOME 10-361-360 - - - - - - 4,342 - - #DIV/0! INTEREST PTIF 10-361-361 2,559 2,697 2,687 2,811 2,954 3,335 30,113 17,043 20,000 85% Total Interest 2,559 2,697 2,687 2,811 2,954 3,335 34,455 17,043 20,000 85% Miscellaneous revenue PSafety - DONATIONS 10-350-356 - - - 500 - - - 500 - #DIV/0! PSafety - EVIDENCE/LOST & FOUN 10-350-357 - - - - - - 1,438 - - #DIV/0! RESTITUTION 10-350-359 - - - - - - 4,212 - - #DIV/0! PSafety - SEIZED PROPERTY 10-350-362 - - - - - - 1,778 - - #DIV/0! PARK RENTALS 10-362-320 1,075 2,030 600 360 405 30 12,830 4,500 13,000 35% PARK DEPOSITS 10-362-321 (300) 150 (750) - - - (180) (900) - #DIV/0! COVID STIMULUS (CARES/ARPA)10-395-399 315,760 - - - - - 1,011,271 315,760 315,760 100% FILM COMM - SPONSOR/DONATION 10-362-330 - - - 1,000 - - 5,000 1,000 4,000 25% FILM COMM - SPECIAL EVENT FEES 10-362-364 - - - - - - 1,349 - - #DIV/0! FILM COM. - EQUIP RENTAL FEES 10-362-365 - 600 100 50 - - 200 750 500 150% SALE OF REAL/PERS. PROPERTY 10-364-340 - - - - - - - - 5,000 0% INSURANCE REBATE 10-364-341 - - - - - - 25,036 - - #DIV/0! INSURANCE INCOME 10-369-370 - - - 15,720 - - - 15,720 - #DIV/0! OTHER 10-369-300 5 - - 84 75 25 32,369 189 17,000 1% PSafety - ANIMAL DEPOSITS NON-10-371-373 200 100 100 175 (25) (75) 1,935 475 1,000 48% ALLOWANCE ON DOUBTFUL ACCOUNTS 10-371-386 - (1,835) - - - - - (1,835) - #DIV/0! Total Miscellaneous revenue 316,740 2,880 50 17,889 455 (20) 1,097,237 337,994 356,260 95% Contributions and transfers OVERHEAD PAID FROM STORM WATER 10-390-320 8,760 8,760 8,760 8,760 8,760 8,760 84,186 52,557 105,114 50% OVERHEAD PAID FROM SEWER FUND 10-390-330 39,418 39,418 39,418 39,418 39,418 39,418 378,837 236,507 473,013 50% OVERHEAD PAID FROM CUL WATER F 10-390-335 40,538 40,538 40,538 40,538 40,538 40,538 391,747 243,228 486,457 50% Total Contributions and transfers 88,715 88,715 88,715 88,715 88,715 88,715 854,770 532,292 1,064,584 50% Total Revenue: 2,087,567 2,030,161 1,252,952 1,338,712 1,630,603 1,383,126 15,490,514 9,723,122 14,688,527 66% Expenditures: FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget General government Attorney Attorney SALARIES & WAGES 10-422-510 6,218 15,546 8,555 - - - 134,340 30,320 138,703 22% Attorney BENEFITS 10-422-513 2,357 5,221 2,804 - - - 49,713 10,382 58,729 18% Attorney SUBSCRIPTIONS & MEMBE 10-422-521 - 15 15 - - - 1,551 30 4,185 1% Attorney TRAVEL\FOOD 10-422-523 - - - - - - - - 1,000 0% Attorney OFFICE EXPENSE & SUPP 10-422-524 - - - - - - 418 - 100 0% Attorney PROFESSIONAL & TECH.10-422-530 8,029 13,982 9,498 5,752 14,241 21,659 32,705 73,161 25,000 293% Attorney PUBLIC DEFENDER 10-422-531 2,000 2,000 2,000 2,000 4,886 2,000 23,353 14,886 24,000 62% Attorney PROSECUTION SERVICES 10-422-532 3,180 - 3,000 3,000 3,000 3,000 44,187 15,180 37,000 41% Attorney EDUCATION 10-422-533 - - - - - - - - 400 0% Total Attorney 21,784 36,764 25,872 10,752 22,127 26,659 286,267 143,959 289,117 50% General General EMPLOYEE BENEFITS 10-416-513 - - - - - - 8,490 - - #DIV/0! General OFFICE EXPENSE & SUPPL 10-416-524 257 280 300 260 301 298 2,965 1,696 - #DIV/0! General UTILITIES 10-416-527 2,970 3,951 3,699 3,726 3,039 3,157 40,264 20,540 41,000 50% General TELEPHONE/INTERNET 10-416-528 3,601 5,194 3,601 4,385 4,381 4,417 51,379 25,578 41,000 62% General RENT OF PROPERTY OR EQ 10-416-529 - 723 - - - 723 2,891 1,445 - #DIV/0! General INSURANCE 10-416-551 158 10,109 608 - - - 164,441 10,875 141,000 8% General COVID19 TESTING 10-416-581 - - - - - - - - - #DIV/0! Total General 6,986 20,256 8,207 8,371 7,720 8,594 270,429 60,135 223,000 27% Executive and Central Staff Exec SALARIES & WAGES 10-413-510 4,450 17,779 16,288 16,288 16,288 16,450 160,947 87,542 198,435 44% Exec EMPLOYEE BENEFITS 10-413-513 740 2,907 2,478 2,478 2,478 2,490 26,713 13,572 31,291 43% Exec SUBSCRIPTIONS & MEMBERSHI 10-413-521 - 15 15 36 - - 14,097 66 8,500 1% Exec PUBLIC NOTICES 10-413-522 - - - - - - - - - #DIV/0! Exec TRAVEL\FOOD 10-413-523 - - 343 3,413 492 247 3,224 4,495 9,600 47% Exec OFFICE EXPENSE & SUPPLIES 10-413-524 - - - - - - 35 - - #DIV/0! Exec BLDG/GRDS SUPPL & MAINT 10-413-526 - - - - - - - - - #DIV/0! Exec TELEPHONE 10-413-528 - - - - - - - - - #DIV/0! Exec MONTHLY FUEL - GASCARD 10-413-530 - - - - 61 - 29 61 500 12% Exec PROFESSIONAL/TECHNICAL SE 10-413-531 - 20,000 - - - - 775 20,000 130,000 15% Exec EDUCATION 10-413-533 - - - 535 60 180 149 775 1,000 78% Exec OTHER 10-413-535 - - - - - - - - - #DIV/0! Exec SPECIAL DEPARTMENTAL SUPP 10-413-546 - - - 44 - - 359 44 2,400 2% Total Executive and Central Staff 5,191 40,701 19,124 22,794 19,378 19,367 206,328 126,555 381,726 33% Administrative Admin SALARIES & WAGES 10-414-510 19,471 48,677 51,522 20,910 20,582 20,744 391,026 181,906 434,311 42% Admin EMPLOYEE BENEFITS 10-414-513 10,376 19,085 17,358 8,872 8,783 8,797 171,421 73,271 189,405 39% Admin OVERTIME 10-414-515 - - - - - - - - 2,500 0% Admin UNEMPLOYMENT 10-414-516 400 347 245 - - - 11,606 992 - #DIV/0! Admin SUBSCRIPTIONS & MEMBERSH 10-414-521 73 227 107 63 - 36 3,778 507 7,470 7% Admin PUBLIC NOTICES 10-414-522 - 1,962 1,665 2,199 1,737 1,721 23,166 9,282 35,300 26% Admin TRAVEL\FOOD 10-414-523 - - 137 1,951 (183) - 8,499 1,904 9,400 20% Admin OFFICE EXPENSE & SUPPLIE 10-414-524 - 2,474 96 7 112 30 2,885 2,719 7,500 36% Admin EQUIP/SUPPLIES & MAINTEN 10-414-525 - - - - - - 181 - 1,500 0% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Admin TELEPHONE 10-414-528 217 217 167 113 - 274 2,828 988 2,500 40% Admin PROFESSIONAL/TECH. SERVI 10-414-531 - 129 741 562 165 777 63,502 2,373 15,000 16% Admin EDUCATION 10-414-533 - - 1,974 545 - - 2,943 2,519 2,500 101% Admin OTHER 10-414-535 - 222 - - - 4,380 10,151 4,602 9,500 48% Admin SPECIAL DEPARTMENTAL SUP 10-414-546 - 338 338 468 338 385 4,073 1,867 2,300 81% Admin GRANT EXPENSES 10-414-575 - - - - - - 205,617 - - #DIV/0! Total Administrative 30,538 73,678 74,349 35,689 31,533 37,143 901,677 282,930 719,186 39% Recorder Recorder SALARIES & WAGES 10-415-510 6,769 17,171 11,024 11,414 11,421 11,073 145,584 68,872 188,939 36% Recorder EMPLOYEE BENEFITS 10-415-513 5,566 8,555 6,903 7,044 7,044 7,018 89,264 42,129 106,296 40% Recorder OVERTIME 10-415-515 - - - - - - - - 1,000 0% Recorder UNEMPLOYMENT 10-415-516 - - - - - - 256 - - #DIV/0! Recorder SUBSCRIPTIONS/MEMBERS 10-415-521 75 40 40 25 - - 1,656 180 2,990 6% Recorder PUBLIC NOTICES 10-415-522 - 1,789 587 - 1,137 34 8,523 3,547 7,500 47% Recorder TRAVEL\FOOD 10-415-523 - - - - - - - - 3,400 0% Recorder OFFICE EXPENSE & SUPP 10-415-524 250 444 370 80 443 166 3,441 1,753 4,000 44% Recorder TELEPHONE 10-415-528 47 47 47 47 - 95 689 284 540 53% Recorder PROFESSIONAL & TECH. 10-415-531 7,582 1,151 1,138 2,125 1,861 1,900 18,431 15,757 25,200 63% Recorder EDUCATION 10-415-533 - - - - - - 700 - 2,600 0% Recorder OTHER 10-415-535 - - - - - - - - 100 0% Recorder SPECIAL DEPARTMENTAL 10-415-546 - - - - - - 1,037 - 1,700 0% Recorder COPIER SUPPLIES 10-415-550 217 370 260 280 - 336 3,247 1,463 5,300 28% Total Recorder 20,506 29,568 20,368 21,015 21,906 20,622 272,827 133,985 349,565 38% Information Technology Info Tech OFFICE EXPENSE & SUP 10-430-524 - 180 28 28 - - 701 236 1,500 16% Info Tech PROF & TECH SERVICES 10-430-531 8,695 8,695 8,695 8,765 8,765 8,765 104,504 52,380 119,060 44% Info Tech WEBSITE 10-430-532 - - - - 58 - 5,861 58 10,266 1% Info Tech SOFTWARE SUBSCRIPTIO 10-430-533 2,139 5,473 2,990 3,363 21,212 4,066 23,096 39,243 21,600 182% Info Tech SECURITY APPLIANCE 10-430-534 - - - - - - 2,968 - 1,500 0% Info Tech WIFI - ACCESS LICENS 10-430-535 - - - - - - - - 1,500 0% Info Tech ANTIVIRUS 10-430-536 525 525 525 525 525 525 5,750 3,150 5,700 55% Info Tech DNS MONITORING 10-430-537 375 375 375 375 375 375 4,500 2,250 4,500 50% Total Information Technology 11,734 15,249 12,613 13,056 30,934 13,731 147,380 97,316 165,626 59% Elections Election PUBLIC NOTICES 10-417-522 - - - 407 230 - - 636 3,000 21% Election PROFESSIONAL/TECH - P 10-417-531 - - - - - - - - 7,000 0% Election PROFESSIONAL/TECH - G 10-417-532 - - - 27 117 - - 144 7,000 2% Election EDUCATION - INITIATIV 10-417-533 - - - - - - - - 500 0% Election PRINTING EXPENSES 10-417-535 - - - 1,338 - - - 1,338 500 268% Election ELECTION DINNERS - GE 10-417-537 - - - - 447 71 - 518 - #DIV/0! Total Elections - - - 1,772 347 - - 2,118 18,000 12% Engineering Engineer SALARIES & WAGES 10-419-510 14,358 36,002 24,001 24,748 24,001 24,218 300,417 147,328 302,603 49% Engineer BENEFITS 10-419-513 10,776 15,744 11,972 12,169 11,905 11,921 153,509 74,488 174,876 43% Engineer OVERTIME 10-419-515 - - - - - - 98 - 500 0% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Engineer UNEMPLOYMENT 10-419-516 - - - - - - 653 - - #DIV/0! Engineer SUBSCRIPTIONS & MEMBE 10-419-521 - 40 40 3,632 - - 7,296 3,712 7,675 48% Engineer TRAVEL 10-419-523 - - - - - - - - 1,600 0% Engineer OFFICE EXPENSE & SUPP 10-419-524 250 158 512 239 240 235 3,606 1,633 5,300 31% Engineer EQUIP/SUPPLIES & MAIN 10-419-525 - 316 116 43 - - 695 475 1,000 48% Engineer TELEPHONE 10-419-528 - - - - - - 406 - 1,025 0% Engineer MONTHLY FUEL - GASCAR 10-419-530 - 160 241 162 158 146 11,387 867 1,500 58% Engineer PROFESSIONAL & TECH.10-419-531 - (11,085) 6,462 4,623 715 - 33,166 715 20,000 4% Engineer PLAN REVIEW SERVICES 10-419-532 - - - - - - 9,857 - - #DIV/0! Engineer EDUCATION 10-419-533 - 1,800 - - - 1,800 3,274 3,601 7,500 48% Engineer OTHER 10-419-535 - - - - - - 5 - 200 0% Engineer SPECIAL DEPARTMENTAL 10-419-546 - - - - - - 1,508 - 2,500 0% Total Engineering 25,384 43,136 43,344 45,616 37,020 38,320 525,878 232,820 526,279 44% Finance Finance SALARIES & WAGES 10-420-510 10,682 26,434 19,613 18,479 18,417 18,703 246,264 112,326 298,854 38% Finance EMPLOYEE BENEFITS 10-420-513 8,942 13,775 12,349 11,195 11,178 11,224 139,805 68,663 204,984 33% Finance OVERTIME 10-420-515 - - - - - - - - 1,500 0% Finance SUBSCRIPTIONS & MEMBER 10-420-521 - 341 693 38 - 1,313 3,322 2,386 4,360 55% Finance TRAVEL 10-420-523 - - 736 - - - - 736 5,500 13% Finance OFFICE EXPENSE & SUPPL 10-420-524 250 910 1,193 768 968 852 12,827 4,940 11,525 43% Finance EQUIPMENT SUPPL. & MAI 10-420-525 - - - - - 300 1,855 300 3,776 8% Finance TELEPHONE 10-420-528 75 75 75 75 - 149 972 448 2,500 18% Finance PROFESSIONAL & TECH. S 10-420-531 1,021 1,141 1,138 1,210 1,165 1,210 11,833 6,886 10,750 64% Finance EDUCATION 10-420-533 150 69 - 69 - - 638 288 3,500 8% Finance BANK HANDLING CHARGES 10-420-536 4,491 3,764 3,640 4,184 4,039 3,415 35,725 23,402 31,000 75% Finance SPECIAL DEPARTMENTAL S 10-420-546 200 - - - - 50 2,046 250 18,500 1% Finance INSURANCE 10-420-551 - - - - - - - - 1,950 0% Finance CASH OVER & SHORT 10-420-563 - - - 0 - - - 0 - #DIV/0! Total Finance 25,811 46,509 39,437 36,017 35,766 37,217 455,287 220,626 598,699 37% Human Resources Human Resources SALARIES & WAG 10-411-510 7,619 19,022 12,622 12,622 12,622 12,730 167,752 77,235 166,655 46% Human Resources EMPLOYEE BENEF 10-411-513 5,135 8,601 6,566 6,540 6,540 6,548 86,747 39,930 97,936 41% Human Resources OVERTIME 10-411-515 - - - - - - 720 - 2,000 0% Human Resources SUBSCRIPTIONS 10-411-521 - 40 40 25 250 542 2,776 897 1,000 90% Human Resources PUBLIC NOTICES 10-411-522 996 586 94 - 1,186 140 1,664 3,002 4,000 75% Human Resources TRAVEL\FOOD 10-411-523 - - - - - - - - 2,500 0% HR OFFICE EXPENSE & SUPPLIES 10-411-524 - - - - - 214 521 214 4,000 5% Human Resources EQUIP./SUPPLIE 10-411-525 - - - - - - - - 12,900 0% Human Resources TELEPHONE 10-411-528 85 85 85 85 - 169 452 508 1,200 42% HR RENT OF PROPERTY OR EQUIPME 10-411-529 - - - - - - - - 2,900 0% Human Resources PROF & TECH. S 10-411-531 1,021 43,491 11,188 1,210 2,365 1,210 27,911 60,486 102,500 59% Human Resources EDUCATION 10-411-533 - - - - - - 401 - 4,000 0% Human Resources OTHER 10-411-535 - - - 20 - - 38 20 1,000 2% Human Resources SPECIAL DEPT S 10-411-546 - - - - - - 3,076 - 3,050 0% Human Resources COPIER SUPPLIE 10-411-550 - 470 - 288 235 351 3,385 1,343 1,500 90% Total Human Resources 14,855 72,295 30,594 20,789 23,197 21,905 295,442 183,634 407,141 45% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Police Police SALARIES & WAGES 10-421-510 43,885 111,193 80,151 84,883 95,524 95,217 1,183,142 510,853 1,267,301 40% Police MOVIE\SECURITY WAGES 10-421-511 - (660) - - - - 7,173 (660) - #DIV/0! Police EMPLOYEE BENEFITS 10-421-513 41,648 67,645 55,675 53,339 61,245 60,654 776,148 340,205 871,165 39% Police OTHER BENEFITS- U/ALLOW 10-421-514 11,520 - - - - 720 17,840 12,240 17,280 71% Police OVERTIME 10-421-515 874 6,167 1,898 393 1,254 1,266 32,384 11,853 45,000 26% Police UNEMPLOYMENT 10-421-516 - - - - - - 847 - - #DIV/0! Police SUBSCRIPTIONS & MEMBERS 10-421-521 100 40 170 25 - 85 26,748 420 28,935 1% Police TRAVEL\FOOD 10-421-523 43 655 2,034 827 - 168 9,173 3,726 25,000 15% Police OFFICE EXPENSE & SUPPLI 10-421-524 496 510 928 19 194 479 5,191 2,626 10,000 26% Police EQUIPMENT-SUPPL. & MAIN 10-421-525 3,528 2,011 517 4,139 3,281 8,932 70,510 22,408 40,000 56% Police BLDG/GRDS-SUPPL. & MAIN 10-421-526 - - 400 - - - - 400 10,000 4% Police TELEPHONE 10-421-528 56 2,339 36 1,192 1,253 1,195 14,487 6,071 22,416 27% Police RENT OF PROPERTY OR EQU 10-421-529 - 704 - 352 352 352 7,415 1,760 83,484 2% Police MONTHLY FUEL - GASCARD 10-421-530 - 4,877 5,027 4,501 3,260 4,129 38,992 21,794 60,000 36% Police PROFESSIONAL & TECH. SE 10-421-531 - 498 1,150 1,198 168 230 7,763 3,244 28,300 11% Police EDUCATION 10-421-533 - 1,895 86 225 (375) (525) 7,422 1,306 20,000 7% Police DISPATCH SERVICES 10-421-536 65,643 - - - - - 115,981 65,643 128,100 51% Police SPECIAL DEPARTMENTAL SU 10-421-546 - 420 - - 113 - 12,497 533 22,365 2% Police VEST REPLACEMENT 10-421-548 - - - - - - - - 8,000 0% Police INITIAL UNIFORM GEAR 10-421-549 1,678 584 747 - - - 3,825 3,010 - #DIV/0! Police SCHOOL EQUIP/ SUPPLIES 10-421-573 - - - - - - - - - #DIV/0! Police MACHINERY & EQUIPMENT 10-421-574 - - 69,056 - - 38,094 68,766 107,150 - #DIV/0! Police JAG GRANT EXPENSES 10-421-575 - - - - 3,689 - 2,621 3,689 - #DIV/0! Total Police 169,471 198,877 217,876 151,094 169,958 210,993 2,408,924 1,118,270 2,687,346 42% Victims's Advocate Victims's Advocate SALARIES & 10-423-510 2,443 6,728 4,320 4,320 4,320 4,374 57,152 26,505 81,362 33% Victims's Advocate EMPLOYEE BE 10-423-513 1,637 2,590 1,886 1,913 1,913 1,917 23,717 11,854 28,591 41% Victims's Advocate OVERTIME 10-423-515 - - - - - - - - - #DIV/0! Victims's Adv SUBSCRIPTIONS/ME 10-423-521 - 13 13 13 - - - 38 800 5% Victims's Advocate TRAVEL 10-423-523 - - - - - 70 - 70 1,000 7% Victims's Advocate OFFICE SUPP 10-423-524 238 210 573 1,106 480 420 4,499 3,028 2,000 151% Victims's Advocate EQUIP/SUPPL 10-423-525 380 218 - - - 206 - 804 - #DIV/0! Victims's Advocate TELEPHONE 10-423-528 - 86 - 42 42 42 675 213 600 36% Victims Advocate MONTHLY FUEL 10-423-530 - 93 126 129 102 98 792 547 1,000 55% Victims's Advocate EDUCATION 10-423-533 - - - - - - - - 2,000 0% Victims's Advocate OTHER 10-423-535 - - - 469 - 88 2,731 557 3,500 16% Victims's Advocate MACHINERY &10-423-574 - - - - - - - - - #DIV/0! Total Victims's Advocate 4,698 9,937 6,917 7,992 6,857 7,215 89,566 43,617 120,853 36% Beer Tax Funds Eligible Expenses Beer Tax EQUIPMENT 10-425-574 - - - - - - 19,176 - 28,178 0% Total Beer Tax Funds Eligible Expenses - - - - - - 19,176 - 28,178 0% Animal control Animal Ctl SALARIES & WAGES 10-426-510 8,816 20,576 13,961 12,286 11,765 11,927 173,539 79,331 188,987 42% Animal Ctl EMPLOYEE BENEFITS 10-426-513 6,610 9,942 7,589 7,590 7,520 7,657 103,530 46,909 112,948 42% Animal Ctl OTHER BENEFIT - U/A 10-426-514 3,360 - - - - - 25 3,360 4,089 82% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Animal Ctl OVERTIME 10-426-515 755 1,919 1,023 384 653 1,128 9,082 5,862 6,000 98% Animal Ctl SUBSCRIPTIONS & MEM 10-426-521 - - - - - - - - 735 0% Animal Ctl TRAVEL\FOOD 10-426-523 - - - - - - 110 - 4,000 0% Animal Ctl OFFICE EXPENSE & SU 10-426-524 - - - - - - (18) - - #DIV/0! Animal Ctl EQUIP-SUPPL.&MAINT 10-426-525 256 323 365 448 525 296 2,123 2,214 10,000 22% Animal Ctl UTILITIES 10-426-527 53 649 715 592 215 518 8,425 2,742 12,000 23% Animal Ctl TELEPHONE 10-426-528 - 751 - 376 295 293 4,416 1,715 4,092 42% Animal Ctl MONTHLY FUEL - GASC 10-426-530 - 646 751 651 452 833 4,421 3,334 6,290 53% Animal Ctl PROFESSIONAL & TECH 10-426-531 - 181 - 49 332 1,011 - 1,573 1,000 157% Animal Ctl EDUCATION 10-426-533 - - - - - 300 705 300 2,000 15% Animal Ctl OTHER 10-426-535 - - - - - - - - - #DIV/0! Animal Ctl SPECIAL DEPARTMENTA 10-426-546 65 - 28 - - - 594 92 6,000 2% Animal Ctl GRANT EXPENSES 10-426-550 689 1,388 41 132 - - 8,356 2,250 - #DIV/0! Animal Ctl MACHINERY & EQUIPME 10-426-574 - - - - - - - - 4,735 0% Total Animal control 20,603 36,374 24,474 22,510 21,756 23,964 315,308 149,682 362,876 41% Streets Streets SALARIES & WAGES 10-440-510 11,677 25,912 17,717 17,461 16,115 16,526 237,782 105,408 252,872 42% Streets EMPLOYEE BENEFITS 10-440-513 10,357 16,016 12,333 12,272 11,875 11,304 179,657 74,157 215,100 34% Streets OVERTIME 10-440-515 - - - - - 124 433 124 2,000 6% Streets UNEMPLOYMENT 10-440-516 - - - - - - 10,321 - 2,000 0% Streets SUBSCRIPTIONS & MEMBER 10-440-521 - - - 185 - - 582 185 1,000 19% Streets TRAVEL 10-440-523 - - - - - - 497 - 2,500 0% Streets OFFICE EXPENSE & SUPPL 10-440-524 - - - - - - - - 500 0% Streets EQUIPMENT-SUPPL. & MAI 10-440-525 460 408 - 341 - - 570 1,210 2,500 48% Streets BLDG/GRDS-SUPPL. & MAI 10-440-526 - - - - - - 643 - 1,100 0% Streets UTILITIES 10-440-527 - 1,224 1,224 1,224 1,224 1,224 15,912 6,120 20,000 31% Streets TELEPHONE 10-440-528 25 25 25 25 - 50 670 151 2,640 6% Streets RENT OF PROPERTY OR EQ 10-440-529 - - - - - - - - 600 0% Streets PROFESSIONAL & TECH. S 10-440-531 398 130 - 1,662 250 747 9,771 3,187 32,500 10% Streets EDUCATION 10-440-533 - - - - - - - - 5,500 0% Streets OTHER 10-440-535 - - - - - - 37 - 500 0% Streets STREET LIGHTS 10-440-542 6,158 6,176 6,095 6,216 6,223 6,519 81,053 37,387 100,000 37% Streets SPECIAL DEPARTMENTAL S 10-440-546 35 30 43 - - 100 1,312 209 6,000 3% Total Streets 29,110 49,921 37,438 39,386 35,688 36,595 539,240 228,137 647,312 35% Facilities Facilities SALARIES & WAGES 10-443-510 9,362 33,160 25,595 23,157 23,157 23,604 253,575 138,035 268,440 51% Facilities EMPLOYEE BENEFITS 10-443-513 8,076 16,969 17,438 16,710 16,710 16,767 146,092 92,671 198,680 47% Facilities OVERTIME 10-443-515 - - 215 - - - - 215 500 43% Facilities UNEMPLOYMENT 10-443-516 - - - - - - (2,331) - - #DIV/0! Facilities SUBSCRIPTIONS & MEM 10-443-521 - - - - - - - - 300 0% Facilities TRAVEL 10-443-523 - - 43 220 - - - 263 900 29% Facilities OFFICE EXPENSE & SU 10-443-524 - - - - - - 61 - 300 0% Facilities EQUIP SUPPLIES & MA 10-443-525 - - - - 57 - 515 57 5,300 1% Facilities BLDG/GRDS-SUPPL & M 10-443-526 2,051 1,588 358 880 775 2,170 13,921 7,822 28,900 27% Facilities - CITY CENTER 10-443-536 - 186 - - - 10 5,321 196 - #DIV/0! Facilities - MARC 10-443-537 35 - - 79 35 - 922 149 - #DIV/0! Facilities - CENTER STREET GYM 10-443-538 - - - 14 - - 409 14 - #DIV/0! FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Facilities UTILITIES 10-443-527 - 496 496 526 496 496 6,448 2,510 5,184 48% Facilities TELEPHONE 10-443-528 148 259 261 224 - 448 2,474 1,339 3,300 41% Facilities RENT OF PROPERTY OR 10-443-529 - - - - - - - - 800 0% Facilities MONTHLY FUEL 10-443-530 - 241 283 439 387 320 3,482 1,670 3,000 56% Facilities PROFESSIONAL & TECH 10-443-531 - 5,394 2,050 - 3,103 698 15,007 11,244 19,300 58% Facilities EDUCATION 10-443-533 - - - 70 - - 40 70 800 9% Facilities OTHER 10-443-535 - - - - - - 35 - - #DIV/0! Facilities SPECIAL DEPARTMENTA 10-443-546 2 - - - 21 8 484 31 5,800 1% Total Facilities 19,674 58,293 46,738 42,319 44,741 44,521 446,455 256,286 541,504 47% Safety Safety SALARIES & WAGES 10-441-510 358 1,288 1,044 854 502 922 9,960 4,967 52,517 9% Safety BENEFITS 10-441-513 259 726 615 497 282 608 6,154 2,987 44,705 7% Safety OVERTIME 10-441-515 - - - - - - - - - #DIV/0! Safety SUBSCRIPTIONS & MEMBERS 10-441-521 - 15 15 - - - 543 30 500 6% Safety TRAVEL 10-441-523 - - - - - - 585 - 1,500 0% Safety EQUIP/SUPPLIES & MAINTE 10-441-525 - - - - - - 3,217 - 3,500 0% Safety TELEPHONE 10-441-528 - - - - - - - - 750 0% Safety MONTHLY FUEL 10-441-530 - - - - - - - - 1,000 0% Safety PROFESSIONAL & TECH. SE 10-441-531 600 240 72 1,193 166 1,105 5,271 3,377 13,000 26% Safety EDUCATION 10-441-533 - 6,205 - 585 - - - 6,790 11,000 62% Safety OTHER 10-441-535 1,868 - - - - - 724 1,868 4,000 47% Safety SPECIAL DEPARTMENTAL SU 10-441-546 354 760 4,241 1,093 - 3,474 37,279 9,922 19,640 51% Safety SAFETY EQUIPMENT 10-441-575 - - - 431 - 343 8,977 773 33,000 2% Total Safety 3,439 9,234 5,987 4,652 949 6,451 72,711 30,713 185,112 17% Vehicle Maintenance Vehicle Maintenance SALARIES &10-444-510 3,041 10,898 5,069 5,069 5,069 5,123 51,784 34,269 71,073 48% Vehicle Maintenance - EMPLOYEE 10-444-513 2,043 5,077 3,401 3,401 3,401 3,405 32,562 20,729 50,832 41% Vehicle Maintenance OVERTIME 10-444-515 - - - - - - - - - #DIV/0! Vehicle Maintenance SUB & MEMB 10-444-521 1,500 695 - - - - 2,215 2,195 2,300 95% Vehicle Maintenance TRAVEL 10-444-523 - - - - - - - - 2,000 0% Vehicle Maintenance EQUIP/SUPP 10-444-525 360 1,519 813 47 160 1,345 6,739 4,245 45,000 9% Vehicle Maintenance EQUIP MAIN 10-444-551 82 42 - 462 - - 9,893 585 - #DIV/0! Veh Maint EQUIP MAINT STREETS 10-444-552 259 1,012 3,324 584 125 335 9,258 5,639 - #DIV/0! Vehicle Maint EQUIP MAINT - FA 10-444-553 - - - - - - 1,824 - - #DIV/0! Fleet BLDG/GRDS-SUPPL & MAINT 10-444-526 - 39 - - - - 35 39 3,000 1% Vehicle Maintenance TELEPHONE 10-444-528 42 42 42 42 18 85 630 272 750 36% Vehicle Maintenance RENT OF EQ 10-444-529 - - - - - - - - 500 0% Vehicle Maintenance MONTHLY FU 10-444-530 - 253 81 81 213 117 1,217 744 2,000 37% Vehicle Maintenance PROF & TEC 10-444-531 - - - - 113 - 1,208 113 4,000 3% Vehicle Maintenance EDUCATION 10-444-533 - - - - - - - - 1,000 0% Vehicle Maintenance OTHER 10-444-535 - - - 12 - - 189 12 500 2% Veh Maint SPECIAL DEPT SUPPLIE 10-444-546 - 85 72 1,097 104 68 1,940 1,426 11,000 13% Total Vehicle Maintenance 7,327 19,661 12,803 10,796 9,203 10,477 119,494 70,267 193,955 36% Sanitation Sanitation PROFESSIONAL & TECH 10-442-531 - 107,685 107,810 107,955 107,567 104,129 1,207,443 535,146 1,200,000 45% Sanitation PROF&TECH RECYCLE 10-442-532 - 8,118 8,202 8,112 8,248 8,120 95,294 40,800 100,000 41% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Total Sanitation - 115,803 116,012 116,067 115,815 112,249 1,302,737 575,946 1,300,000 44% PW Admin PW Admin SALARIES & WAGES 10-445-510 7,671 24,775 12,888 12,888 12,888 (17,357) 160,456 53,752 116,357 46% PW Admin EMPLOYEE BENEFITS 10-445-513 4,331 9,800 6,252 6,225 6,225 (8,362) 77,367 24,472 51,187 48% PW Admin OVERTIME 10-445-515 - - - - - - - - - #DIV/0! PW Admin SUBSCRIPTIONS & MEMBE 10-445-521 - 40 40 225 - - 528 305 700 44% PW Admin TRAVEL 10-445-523 - - - - - - - - 1,100 0% PW Admin OFFICE EXPENSE & SUPP 10-445-524 - 477 - 272 481 239 3,401 1,468 6,400 23% PW Admin UTILITIES 10-445-527 47 1,533 1,179 1,226 839 828 14,112 5,652 18,500 31% PW Admin TELEPHONE 10-445-528 47 159 79 103 55 150 1,219 593 1,820 33% PW Admin RENT OF PROPERTY OR E 10-445-529 200 200 200 200 200 200 3,165 1,200 3,200 38% PW Admin MONTHLY FUEL - GASCAR 10-445-530 - - - - - - - - 1,000 0% PW Admin PROFESSIONAL & TECH. 10-445-531 - - - - - - 155 - 1,000 0% PW Admin EDUCATION 10-445-533 - - - - - - 95 - 1,000 0% PW Admin OTHER 10-445-535 - - - - - - 20 - 1,000 0% PW Admin SPECIAL DEPARTMENTAL 10-445-546 - 271 300 - - - 3,501 571 - #DIV/0! Total PW Admin 12,296 37,255 20,939 21,138 20,687 (24,303) 264,020 88,014 203,264 43% Parks O&M Parks O&M SALARIES & WAGES 10-451-510 15,187 41,087 27,388 24,255 24,615 26,332 339,122 158,864 353,335 45% Parks O&M EMPLOYEE BENEFITS 10-451-513 11,878 19,745 15,030 13,072 13,282 13,438 191,462 86,446 222,008 39% Parks O&M OVERTIME 10-451-515 - - - - - - 2,686 - 5,000 0% Parks O&M UNEMPLOYMENT 10-451-516 - - - - - - (2,024) - - #DIV/0! Parks O&M SUBSCRIPTIONS & MEMB 10-451-521 - - - - 38 - 590 38 1,020 4% Parks O&M TRAVEL 10-451-523 - - 86 879 537 - 3,279 1,503 1,900 79% Parks O&M OFFICE EXPENSE & SUP 10-451-524 - 45 - - - - - 45 - #DIV/0! Parks O&M EQUIPMENT-SUPPL. & M 10-451-525 523 - 454 586 - - 207 1,563 3,000 52% Parks O&M BLDG/GRDS-SUPPL. & M 10-451-526 1,842 1,259 4,338 3,622 1,388 2,605 24,220 15,053 21,750 69% Parks O&M UTILITIES 10-451-527 1,501 6,515 5,504 5,364 4,568 5,438 66,316 28,889 88,700 33% Park O&M Garbage and Recycling 10-451-571 - 1,764 1,314 1,314 1,634 1,650 17,078 7,674 - #DIV/0! Parks O&M TELEPHONE 10-451-528 326 337 327 328 35 646 5,001 1,999 10,735 19% Parks O&M RENTALS 10-451-529 - - - 25 - 1,300 - 1,325 750 177% Parks O&M MONTHLY FUEL - GASCA 10-451-530 - 1,482 1,675 1,249 1,093 1,263 14,943 6,762 20,000 34% Parks O&M PROFESSIONAL & TECH.10-451-531 - - 13 395 - 2,928 2,274 3,336 28,750 12% Parks O&M EDUCATION 10-451-533 - - - 140 290 - 420 430 1,250 34% Parks O&M OTHER 10-451-535 - - - - - - - - 750 0% Parks O&M SPECIAL DEPARTMENTAL 10-451-546 75 - 237 56 1,726 1,074 4,873 3,169 19,200 17% Parks O&M PARK IMPROVEMENTS 10-451-573 - - - - - - 221 - 5,250 0% Total Parks O&M 31,332 72,233 56,365 51,285 49,206 56,674 670,667 317,096 783,398 40% Inspections Inspection SALARIES & WAGES 10-424-510 3,597 8,993 5,996 5,996 5,996 6,050 81,667 36,627 80,549 45% Inspection BENEFITS 10-424-513 3,432 5,244 4,070 4,011 3,956 3,921 54,579 24,634 57,120 43% Inspection OVERTIME 10-424-515 562 703 787 787 590 450 12,079 3,878 13,000 30% Inspection SUBSCRIPTIONS & MEM 10-424-521 - 115 15 - - - 809 130 1,000 13% Inspection TRAVEL 10-424-523 - - - - - - - - 1,500 0% Inspection OFFICE EXPENSE & SU 10-424-524 - - - - - - 127 - 1,000 0% Inspection TELEPHONE 10-424-528 82 82 82 82 - 165 994 494 1,100 45% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Inspection MONTHLY FUEL 10-424-530 - 80 53 78 65 57 494 332 750 44% Inspection PROFESSIONAL & TECH 10-424-531 - 5 13,011 - - - 30,084 13,016 20,000 65% Inspection EDUCATION 10-424-533 42 - - 70 - - 264 112 1,000 11% Inspection SPECIAL DEPARTMENTA 10-424-546 - - 303 - 141 - 850 444 1,500 30% Total Inspections 7,716 15,222 24,317 11,024 10,749 10,642 181,946 79,668 178,519 45% Planning Planning SALARIES & WAGES 10-418-510 9,854 30,972 22,523 31,579 27,017 27,792 294,675 149,737 428,265 35% Planning EMPLOYEE BENEFITS 10-418-513 5,308 13,933 10,672 15,128 13,280 13,152 147,387 71,474 194,051 37% Planning OVERTIME 10-418-515 - - - - - - - - 2,500 0% Planning UNEMPLOYMENT 10-418-516 - - - - - - 466 - - #DIV/0! Planning SUBSCRIPTIONS & MEMBE 10-418-521 420 110 110 351 2,500 - 6,206 3,491 5,400 65% Planning TRAVEL 10-418-523 - 290 - - - - - 290 8,500 3% Planning OFFICE EXPENSE & SUPP 10-418-524 250 36 489 239 240 235 3,179 1,488 11,768 13% Planning TELEPHONE 10-418-528 139 144 144 147 140 - 1,617 714 480 149% Planning RENTAL 10-418-529 263 263 263 263 263 - 3,159 1,316 - #DIV/0! Planning MONTHLY FUEL - GASCAR 10-418-530 - - - - - - - - - #DIV/0! Planning PROFESSIONAL & TECH. 10-418-531 - - - - - 2,657 10,781 2,657 40,000 7% Planning EDUCATION 10-418-533 60 - - - - - - 60 8,000 1% Planning OTHER 10-418-535 - - - - - - 112 - 400 0% Planning ABATEMENT 10-418-536 - - - - - - 4,920 - - #DIV/0! Planning SPECIAL DEPARTMENTAL 10-418-546 - - - - - - 3,605 - 1,102 0% Total Planning 16,294 45,749 34,201 47,707 43,441 43,836 476,107 231,228 700,466 33% Film Commission Film Comm SALARIES & WAGES 10-428-510 3,055 7,637 5,092 5,092 5,092 5,808 66,852 31,775 34,528 92% Film Comm EMPLOYEE BENEFITS 10-428-513 1,842 2,947 2,085 2,058 2,058 2,241 27,860 13,231 14,770 90% Film Comm OVERTIME 10-428-515 - - - - - - 610 - 1,250 0% Film Comm UNEMPLOYMENT 10-428-516 - - - - - - (235) - - #DIV/0! Film Comm SUBSCRIPTIONS & MEM 10-428-521 1,800 3 723 3 3 298 7,052 2,830 3,000 94% Film Comm ADVERTISING 10-428-522 - - - 3,178 1,448 - 60 4,626 6,250 74% Film Comm MARKETING 10-428-536 - - - 47 - - 249 47 - #DIV/0! Film Comm PROMO MATERIALS 10-428-537 - - - - - - 1,977 - - #DIV/0! Film Comm TRAVEL 10-428-523 - - - - 2,475 - - 2,475 7,000 35% Film Comm OFFICE EXPENSE & SU 10-428-524 - - - 17 65 - 195 82 500 16% Film Comm EQUIP./SUPPLIES & M 10-428-525 - - - 33 - - - 33 250 13% Film Comm TELEPHONE 10-428-528 47 47 47 47 - 95 574 285 325 88% Film Comm MONTHLY FUEL - GASC 10-428-530 - - - 61 73 - 446 135 300 45% Film Comm PROFESSIONAL & TECH 10-428-531 - - - - 550 - - 550 750 73% Film Comm EDUCATION 10-428-533 - - - - - - - - 500 0% Film Comm OTHER 10-428-535 - - - - 69 - 168 69 500 14% Film Comm SPECIAL DEPARTMENTA 10-428-546 - 23 - - 33 - 1,778 56 1,000 6% Film Comm MACHINERY & EQUIPME 10-428-574 - - - - - - - - 500 0% Film Comm SPECIAL PROJECTS 10-428-575 - - - - 5,550 1,043 3,169 6,593 4,350 152% Total Film Commission 6,745 10,658 7,947 10,536 17,416 9,485 110,755 62,787 75,773 83% Community Contributions Com Contrib - COMMUNITY ORGANI 10-460-501 - - - - - - - - 55,000 0% Com Contrib - MOAB INFORMATION 10-460-505 10,000 - - - - - - 10,000 10,000 100% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Com Contrib - ARTS PROMOTION 10-460-526 - - - - - - - - 7,000 0% Com Contrib - SHELTER SERVICES 10-460-575 - - - - - - 10,000 - 10,000 0% Com Contrib - STUDENT OF MONTH 10-460-578 - - - - - - 193 - - #DIV/0! Com Contrib - GRAND COUNTY/4TH 10-460-584 - - - - - - 19,332 - 23,200 0% Total Community Contributions 10,000 - - - - - 29,525 10,000 105,200 10% Sustainability Sustainability SALARIES & WAGE 10-454-510 3,477 8,693 5,795 5,795 5,795 9,199 14,572 38,755 87,200 44% Sustainability EMPLOYEE BENEFI 10-454-513 1,593 2,936 2,162 2,189 2,189 2,193 4,745 13,263 22,721 58% Sustainability UNEMPLOYMENT 10-454-516 - 447 728 148 38 - 12,042 1,361 - #DIV/0! Sustainability SUBSCRIPTIONS 10-454-521 - 13 2,413 1,713 - - 1,741 4,138 6,760 61% Sustainability TRAVEL\FOOD 10-454-523 - - - - - - - - 1,500 0% Sustainability OFFICE EXPENSE 10-454-524 55 - - - - 29 - 84 1,500 6% Sustainability TELEPHONE 10-454-528 32 32 32 32 - 65 157 194 - #DIV/0! Sustain PROF/TECH. SERVICE 10-454-531 - - - - - - 29,167 - - #DIV/0! Sustainability EDUCATION 10-454-533 - - - - - - - - 2,100 0% Sustainability PROJECTS 10-454-570 - - 2,315 125 2,277 - - 4,717 7,500 63% Sustainability GRANT EXPENSES 10-454-575 - - - - - - - - 30,000 0% Total Sustainability 5,157 12,120 13,445 10,002 10,299 11,486 62,423 62,511 129,281 48% Transfers and contributions out TRANSFER TO DEBT SERVICE FUND 10-480-831 7,938 7,938 7,938 7,938 7,938 7,938 109,714 47,631 95,261 50% TRANSFER TO CAPITAL PROJ. FUND 10-480-861 46,057 46,057 46,057 46,057 46,057 94,271 158,623 324,556 890,183.00 36% TRANSFER TO TRAILS FUND 10-480-871 2,500 2,500 2,500 2,500 2,500 2,500 220,000 15,000 30,000 50% TRANSFER - RECREATION FUND 10-480-886 59,618 59,618 59,618 59,618 59,618 59,618 1,994,014 357,708 730,416 49% TRANSFER TO GF ASSIGNED/RESTRI 10-480-896 - - - - - - - - 319,541 0% TRANSFER TO FUND BALANCE 10-480-899 - - - - - - - - 679,250 0% Total Transfers and contributions out 116,113 116,113 116,113 116,113 116,113 164,327 2,482,351 744,894 2,744,651 27% Total Expenditures: 622,767 1,185,606 1,015,479 878,491 902,808 948,173 12,952,920 5,553,191 14,666,027 38% Total Change In Net Position 1,464,800 844,556 237,473 460,221 727,796 434,954 2,537,594 4,169,931 22,500 21 Class C Road Fund Change In Net Position Revenue: Taxes Class C TRANSPORTATION TAX 21-335-370 28,403 34,449 20,419 22,561 27,277 22,368 235,498 155,477 210,795 74% Total Taxes 28,403 34,449 20,419 22,561 27,277 22,368 235,498 155,477 210,795 74% Intergovernmental revenue Class C CLASS C ROAD FUND 21-335-360 - - 91,593 - 44,652 - 243,747 136,246 250,000 54% Total Intergovernmental revenue - - 91,593 - 44,652 - 243,747 136,246 250,000 54% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Interest Class C INTEREST INCOME 21-361-300 - - - - - - - - 5,000 0% Total Interest - - - - - - - - 5,000 0% Contributions and transfers Class C TRANS. FROM EQUITY-B.O 21-395-361 - - - - - - - - 493,834 0% Total Contributions and transfers - - - - - - - - 493,834 0% Total Revenue: 28,403 34,449 112,012 22,561 71,930 22,368 479,245 291,722 959,629 30% Expenditures: Public Works Streets Class C BLDG/GRDS SUPPLIES & M 21-400-526 - - - - - - 74 - - #DIV/0! Class C FUEL 21-400-530 - 1,354 1,371 1,618 1,266 1,226 12,817 6,835 19,500 35% Class C SPECIAL DEPARTMENTAL S 21-400-541 - 42 - 1,248 - - 14,449 1,291 27,000 5% Class C ROADBASE - PATCHING 21-400-558 620 - 1,174 - - 306 13,464 2,101 10,000 21% Class C ASPHALT 21-400-570 2,507 - - - - - - 2,507 7,500 33% Class C OVERLAY 21-400-571 - - - - - - - - 400,000 0% Class C CRACK SEALING 21-400-572 - - - - - - - - 5,000 0% Class C - SPECIAL PROJECTS 21-400-573 (6,763) 8,918 711 53,034 11,749 131 54,910 67,780 305,629 22% Class C Sidewalk/Ped Ramp Rep 21-400-576 - - - - - - 841 - - #DIV/0! Class C MACHINERY & EQUIPMENT 21-400-574 - - - - - - 18,745 - 185,000 0% TRANSFER TO FUND BALANCE 21-400-580 - - - - - - - - - #DIV/0! Total Streets (3,635) 10,315 3,256 55,900 13,015 1,663 115,302 80,514 959,629 8% Total Expenditures: (3,635) 10,315 3,256 55,900 13,015 1,663 115,302 80,514 959,629 8% Total Change In Net Position 32,038 24,134 108,756 (33,338) 58,914 20,705 363,943 211,209 - #DIV/0! 23 Recreation Fund Change In Net Position Revenue: Intergovernmental revenue GRAND COUNTY - RSSD 23-335-361 - - (50,000) - - - 50,000 (50,000) 100,000 -50% SCHOOL DISTRICT 23-335-363 - - - - - - 15,000 - 15,000 0% Total Intergovernmental revenue - - (50,000) - - - 65,000 (50,000) 115,000 -43% Charges for services CASH OVER/SHORT 23-345-318 - - 0 - - - 7 0 - #DIV/0! SUMMER CAMP 23-345-336 - - - - - - - - 4,800 0% ADULT SOCCER 23-345-339 - - - - - - - - 2,100 0% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget VOLLEYBALL - ADULT COED 23-345-340 - - - - - - - - 1,900 0% VOLLEYBALL - YOUTH SPRING 23-345-346 - - - - - - 2,637 - 3,675 0% ADULT COED SOFTBALL 23-345-363 500 (297) - - - - - 203 3,400 6% YOUTH/BASEBALL/SOFTBALL 23-345-366 80 - - - - - 11,852 80 20,332 0% YOUTH FOOTBALL 23-345-368 240 1,660 80 (838) - - - 1,142 3,040 38% SPRING YOUTH SOCCER 23-345-369 - - - - - - 5,870 - 8,865 0% FALL YOUTH SOCCER 23-345-370 280 4,820 (10) - - - 2,300 5,090 4,890 104% SOCCER CAMPS 23-345-371 - - - - - - - - 250 0% FOOT RACES 23-345-372 - - - 110 1,395 - 15 1,505 2,950 51% INDOOR SOCCER - YOUTH 23-345-374 - - - 13 440 - - 453 2,450 19% ADULT BASKETBALL 23-345-375 - - - - - - - - 800 0% JR JAZZ BASKETBALL 23-345-376 - - - 3,500 1,190 - - 4,690 5,400 87% FLAG FOOTBALL 23-345-377 - 850 (27) - - - 2,028 823 1,405 59% FLAG FOOTBALL - ADULT 23-345-379 - - - - - - - - - #DIV/0! YOUTH VOLLEYBALL 23-345-380 40 1,310 40 - - - 1,059 1,390 1,960 71% YOUTH SPONSOR/BASEBALL 23-345-383 250 - - - - - 3,500 250 12,800 2% ULTIMATE FRISBEE 23-663-573 - - - - - - - - 625 0% Total Charges for services 1,390 8,343 83 2,785 3,025 - 29,267 15,627 81,642 19% MRAC MRAC -PREPAID SERVICES 23-347-310 380 - 375 - - 100 709 855 - #DIV/0! MRAC - FITNESS ADMISSIONS 23-347-311 652 549 588 1,272 1,079 564 6,415 4,704 10,000 47% MRAC - FITNESS MEMBERSHIPS 23-347-312 2,505 1,495 2,576 1,865 2,311 2,874 18,591 13,626 43,500 31% MRAC - CITY EMPLOYEES 23-347-313 - - - - - - - - 500 0% MRAC - SILVER SNEAKERS MEMBERS 23-347-314 834 900 669 555 272 443 2,909 3,672 10,000 37% MRAC - SWIM TEAM 23-347-315 - - - 360 60 120 3 540 - #DIV/0! MRAC - SHOWERS 23-347-317 1,968 947 5,831 9,945 5,417 837 44,814 24,945 98,500 25% MRAC - CASH OVER/SHORT 23-347-318 18 20 46 22 (6) 6 8 106 - #DIV/0! MRAC - ADMISSIONS/AQUATIC 23-347-320 21,511 9,538 4,871 (375) 1,625 876 87,260 38,046 150,000 25% MRAC - ADMISSIONS/AQUAT & FITN 23-347-321 160 133 (107) 59 36 5 3,954 286 12,000 2% MRAC - RETAIL 23-347-322 2,945 946 1,032 155 455 120 12,846 5,653 12,000 47% MRAC - CONCESSIONS 23-347-330 4,769 2,097 765 330 3 (202) 9,394 7,761 - #DIV/0! MRAC - PROGRAM FEES/ AQUATIC 23-347-323 1,922 662 232 172 54 167 14,036 3,209 27,500 12% MRAC - PROGRAM FEES/FITNESS 23-347-324 562 589 884 833 632 1,186 2,258 4,686 6,000 78% MRAC - CHILD CARE FEES 23-347-325 - - - - - - 5 - 1,000 0% MRAC - MEMBERSHIPS/AQUATIC 23-347-326 3,822 1,970 1,440 1,495 710 1,435 30,987 10,872 32,000 34% MRAC - MEMBERSHIPS/AQUAT & FIT 23-347-327 10,832 3,670 2,441 5,059 6,815 11,049 46,569 39,866 85,000 47% MRAC - RENTAL FEES 23-347-328 235 325 140 140 160 185 3,863 1,185 8,500 14% Total MRAC 53,114 23,840 21,783 21,887 19,623 19,765 284,620 160,012 496,500 32% Moab arts & recreation PROGRAM FEES 23-348-310 307 - - - - - 2,115 307 11,400 3% GRANTS AND DONATIONS 23-348-330 3,675 5,000 7,500 (1,500) 2,175 3,750 92,853 20,600 18,500 111% RENTAL FEES 23-348-340 3,420 2,510 5,091 5,338 2,013 2,473 37,741 20,846 45,000 46% SPECIAL EVENTS FEES 23-348-350 955 2,257 776 3,806 290 - 4,033 8,084 7,900 102% SPECIAL EVENTS FEES - RED ROCK 23-348-351 224 (5,049) (3,192) (5,122) - - (1,365) (13,139) 33,500 -39% MARC - Retail/Concession 23-348-360 3,285 - - (291) - - - 2,995 - #DIV/0! Total Moab arts & recreation 11,866 4,718 10,176 2,231 4,478 6,223 135,377 39,692 116,300 34% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Miscellaneous revenue CENTER STREET GYM RENTALS 23-365-300 215 700 140 250 1,695 100 6,935 3,100 - #DIV/0! BALL FIELD RENTALS 23-365-301 - - - - - - 475 - - #DIV/0! OTHER INCOME 23-365-360 - - - - - - 500 - - #DIV/0! Total Miscellaneous revenue 215 700 140 250 1,695 100 7,910 3,100 - #DIV/0! Contributions and transfers CITY OF MOAB 23-335-362 59,618 59,618 59,618 59,618 59,618 59,618 1,994,014 357,708 730,416 49% Total Contributions and transfers 59,618 59,618 59,618 59,618 59,618 59,618 1,994,014 357,708 730,416 49% Total Revenue: 126,203 97,220 41,800 86,771 88,439 85,706 2,516,188 526,139 1,539,858 34% Expenditures: Parks, recreation, and public property Recreation Recreation SALARIES - DIRECTO 23-640-510 5,461 13,653 9,102 9,162 9,147 9,210 128,072 55,734 158,489 35% Recreation EMPLOYEE BENEFITS 23-640-513 4,652 7,680 6,180 6,350 6,348 6,426 70,417 37,637 81,101 46% Recreation OVERTIME 23-640-515 - - - - - 308 465 308 1,500 21% Recreation UNEMPLOYMENT 23-640-516 - - - - - - (191) - - #DIV/0! Recreation SUBSCRIPTIONS & MEM 23-640-521 - - - - - - 3,605 - 2,000 0% Recreation ADVERTISING 23-640-522 - - 1,103 560 1,638 801 1,722 4,102 3,000 137% Recreation TRAVEL 23-640-523 - 650 1,064 - - - - 1,714 - #DIV/0! Recreation OFFICE EXPENSE & SU 23-640-524 - - 65 8 3 - 969 76 2,000 4% Recreation - EQUIP SUPPLIES & 23-640-525 - 40 70 - - - 991 110 1,000 11% Recreation - UTILITIES 23-640-527 65 65 - 65 65 65 196 325 - #DIV/0! Recreation TELEPHONE 23-640-528 95 95 95 28 - 95 1,277 407 2,400 17% Recreation MONTHLY FUEL - GASC 23-640-530 - - - - - - - - 350 0% Recreation PROFESSIONAL & TECH 23-640-531 2,587 - - - - - 2,489 2,587 3,500 74% Recreation EDUCATION 23-640-533 - - 850 - - - 315 850 2,350 36% Recreation OTHER 23-640-535 - - - - - - 97 - 200 0% Recreation DIRECTOR - TRAVEL 23-640-536 - - - - - - - - - #DIV/0! Recreation SPECIAL DEPARTMENTA 23-640-546 - - - - - - 301 - 6,500 0% Recreation EASTER EGG HUNT 23-640-592 - - - 20 - - 1,146 20 2,500 1% Recreation TURKEY TROT 23-640-593 - - - - 1,081 207 1,432 1,288 - #DIV/0! Recreation TRANSFER TO FUND BA 23-950-552 - - - - - - - - - #DIV/0! Total Recreation 12,860 22,182 18,528 16,193 18,282 17,111 213,303 105,157 266,890 39% Swimming Pool MRAC MAINTENANCE SALARIES 23-452-508 552 909 1,125 2,402 2,182 1,633 40,538 8,801 43,265 20% MRAC LIFEGUARD SALARIES 23-452-509 14,057 22,970 8,981 7,684 7,308 4,949 102,886 65,948 243,556 27% MRAC SALARIES & WAGES 23-452-510 19,430 37,301 18,910 20,318 19,349 20,862 196,939 136,169 238,422 57% MRAC AQUATIC PROGRAM SALARIES 23-452-511 - - - - - - - - 29,013 0% MRAC FITNESS PROGRAM SALARIES 23-452-512 1,083 2,255 993 702 635 983 6,295 6,651 18,324 36% MRAC EMPLOYEE BENEFITS 23-452-513 10,412 13,297 8,040 8,244 8,060 7,898 104,077 55,951 116,582 48% MRAC OVERTIME 23-452-515 758 124 - 221 - - 648 1,103 500 221% MRAC UNEMPLOYMENT 23-452-516 45 - (91) (46) - - 20,801 (92) - #DIV/0! MRAC SUBSCRIPTIONS & MEMBERSHI 23-452-521 - - - - - 119 324 119 - #DIV/0! MRAC ADVERTISING 23-452-522 - 20 - - - 485 3,153 505 7,000 7% MRAC TRAVEL 23-452-523 - 265 - - - - - 265 - #DIV/0! FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget MRAC OFFICE EXPENSE & SUPPLIES 23-452-524 152 503 109 391 263 305 4,067 1,723 4,000 43% MRAC EQUIPMENT-SUPPL. & MAINTE 23-452-525 260 255 599 320 1,733 1,391 6,263 4,557 12,000 38% MRAC BLDG/GRDS-SUPPL. & MAINTE 23-452-526 1,442 358 4,440 2,045 946 3,012 19,773 12,243 22,000 56% MRAC UTILITIES 23-452-527 6,341 8,528 9,197 9,522 5,498 8,718 100,217 47,804 92,276 52% MRAC TELEPHONE 23-452-528 417 792 417 607 519 689 7,136 3,441 5,106 67% MRAC RENT OF PROPERTY OR EQUIP 23-452-529 - - - - - - - - - #DIV/0! MRAC PROFESSIONAL & TECH. SERV 23-452-531 60 40 112 60 4,467 1,693 2,310 6,432 23,100 28% MRAC EDUCATION 23-452-533 - 40 385 425 - - 1,614 850 3,000 28% MRAC INSTRUCTIONAL MATERIALS/S 23-452-534 - - - - - - 302 - 1,500 0% MRAC OTHER 23-452-535 - (25) 33 - - - 114 9 900 1% MRAC SPECIAL DEPARTMENTAL SUPP 23-452-546 - 2,274 5,409 2,502 718 3,497 49,671 14,400 30,000 48% MRAC CONCESSIONS 23-452-547 1,085 780 578 587 153 28 5,438 3,211 - #DIV/0! MRAC SUNDRY EXPENSES-MISCELLAN 23-452-561 1,434 154 - - - - 10,954 1,588 4,500 35% MRAC AQUATIC PROGRAMS 23-452-573 - - - - - - - - 1,800 0% MRAC SPECIAL EVENTS 23-452-575 - - 196 - - - 93 196 - #DIV/0! Total Swimming Pool 57,528 90,840 59,236 55,983 51,831 56,261 683,521 371,679 896,844 41% Soccer Soccer YOUTH SOCCER 23-642-501 - - - - - - 3,634 - 4,020 0% Soccer FALL SOCCER 23-642-502 - 453 1,392 (773) - - 1,058 1,073 1,200 89% Soccer ADULT SOCCER 23-642-505 - - - - - - - - 700 0% Soccer INDOOR - YOUTH SOCCER 23-642-509 - - - - - 731 - 731 1,095 67% Soccer WAGES SOCCER 23-642-510 - - - - - - - - 1,600 0% Soccer SOCCER REFEREE - WAGES 23-642-513 - - - - - - - - 255 0% Total Soccer - 453 1,392 (773) - 731 4,691 1,804 8,870 20% Summer Camp Summer Camp WAGES 23-643-510 2,632 - - 192 - - 2,064 2,825 - #DIV/0! Summer Camp BENEFITS 23-643-513 248 - - 19 - - 189 267 - #DIV/0! Total Youth Volleyball 2,880 - - 211 - - 2,253 3,091 - #DIV/0! Adult Softball COED SOFTBALL 23-644-527 - - - - - - - - 1,100 0% Total Adult Softball - - - - - - - - 1,100 0% Adult Volleyball CO-ED VOLLEYBALL 23-646-501 - - - - - - 339 - 400 0% Total Adult Volleyball - - - - - - 339 - 400 0% Basketball ADULT BASKETBALL 23-648-503 - - - - - - - - 400 0% JR JAZZ BASKETBALL 23-648-504 - - 305 417 - 547 - 1,269 2,200 58% JR. JAZZ REFEREE SERVICES 23-648-505 - - - - - - - - 3,040 0% MS BASKETBALL REFEREES 23-648-507 - - - - - - - - - #DIV/0! REFEREE SALARIES & WAGES 23-648-510 - - 77 213 - 891 - 1,180 - #DIV/0! Basketball EMPLOYEE BENEFITS 23-648-513 - - 7 21 - 129 - 157 407 39% Total Basketball - - 389 651 - 1,566 - 2,606 6,047 43% Youth Volleyball FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget YOUTH VOLLEYBALL 23-649-501 - - 174 - - - 990 174 1,065 16% YOUTH SPRING VOLLEYBALL 23-649-505 - - - - - - 1,445 - 2,300 0% Total Youth Volleyball - - 174 - - - 2,436 174 3,365 5% Youth Baseball/Softball Youth BB/SB WAGES- MAINTENANCE 23-651-511 876 779 - - - - 6,869 1,654 3,000 55% Youth BB/SB WAGES- UMP&SCORE 23-651-512 235 52 104 112 52 242 2,137 797 5,880 14% Youth BB/SB EMPLOYEE BENEFITS 23-651-513 109 81 10 11 5 24 833 240 901 27% Youth BB/SB STATE TOURN. EXP 23-651-523 - - - - - - - - 2,000 0% Youth BB/SB EQUIPMENT-SUPPLIES 23-651-525 - - - - - - 1,616 - 350 0% Youth BB/SB BASEBALL FIELD MAI 23-651-526 - - - 948 - - 256 948 1,300 73% FIELD MAINTENANCE EQUIPMENT 23-651-573 - - - - - - 146 - - #DIV/0! YOUTH BASEBALL/SOFTBALL 23-651-574 - - - 2,300 - - 16,699 2,300 15,850 15% UTAH GIRLS SOFTBALL ASSOC 23-651-577 - - - - - - - - 400 0% UTAH BOYS BASEBALL ASSOCIATION 23-651-578 - - - - - - - - 400 0% PICKLEBALL 23-651-580 (10) - - - - - 155 (10) 200 -5% Total Youth Baseball/Softball 1,209 912 114 3,371 57 266 28,712 5,929 30,281 20% Youth Football Youth Football BENEFITS 23-652-513 - - - - - - - - 83 0% YOUTH FOOTBALL 23-652-575 - 6,708 1,824 125 84 - 2,901 8,741 6,170 142% FLAG FOOTBALL 23-652-580 - - 1,557 - - - 993 1,557 1,600 97% FLAG FOOTBALL - ADULT 23-652-581 - - - - - - - - 100 0% YOUTH FOOTBALL REFEREES 23-652-586 - - - - - - - - 920 0% Total Youth Football - 6,708 3,381 125 84 - 3,894 10,298 8,873 116% Special Projects SPECIAL PROJECTS/EQUIPMENT 23-660-546 - - - - - - - - - #DIV/0! Total Special Projects - - - - - - - - - #DIV/0! Moab Arts & Recreation Center MARC SALARIES & WAGES 23-800-510 6,615 17,823 10,422 10,983 17,238 6,299 136,305 69,380 156,312 44% MARC EMPLOYEE BENEFITS 23-800-513 4,550 8,100 5,901 5,980 5,144 2,043 81,393 31,718 87,565 36% MARC SALARIES & WAGES - INSTRU 23-800-514 600 (600) - - - - 807 - 5,000 0% MARC SALARIES & WAGES OT 23-800-515 - - - 320 - - 1,439 320 2,000 16% MARC UNEMPLOYMENT 23-800-516 - - - - - - (718) - - #DIV/0! MARC SUBSCRIPTIONS & MEMBERSHI 23-800-521 16 48 15 148 - - 1,243 227 1,966 12% MARC ADVERTISING/MARKETING 23-800-522 - - - - 39 - 1,508 39 3,000 1% MARC TRAVEL 23-800-523 - 25 - - - - - 25 250 10% MARC OFFICE EXPENSE & SUPPLIES 23-800-524 214 209 280 255 299 206 2,580 1,463 3,900 38% MARC EQUIP/SUPPLIES & MAINTENA 23-800-525 - - 35 26 - 2 1,232 63 2,000 3% MARC BLDG GROUNDS SUPPL & MAIN 23-800-526 - - - - - - 622 - - #DIV/0! MARC UTILITIES 23-800-527 354 764 672 666 425 340 4,528 3,221 7,500 43% MARC TELEPHONE 23-800-528 223 223 223 223 258 313 3,535 1,462 5,395 27% MARC PROFESSIONAL/TECHNICAL SE 23-800-531 - - - - - - - - 1,000 0% MARC EDUCATION 23-800-533 - - - - - 200 - 200 - #DIV/0! MARC OTHER 23-800-535 - (635) - - - - 58 (635) 100 -635% ONLINE PAYMENT PROCESSING FEES 23-800-536 - - - - - - 574 - - #DIV/0! MARC SPECIAL DEPARTMENTAL SUPP 23-800-546 - - - - - - 3,045 - 6,000 0% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget MARC MACHINERY & EQUIPMENT 23-800-574 - - - - - - - - - #DIV/0! MARC SPECIAL EVENTS 23-800-577 670 1,378 781 446 2,434 98 17,976 5,808 35,000 17% MARC- RED ROCK ARTS FEST 23-800-579 - 418 1,451 - - - 3,335 1,869 - #DIV/0! MARC SPECIAL PROJECTS 23-800-578 675 6,599 (1,791) - 1,639 - 4,980 7,122 200 3561% Total Moab Arts & Recreation Center 13,918 34,351 17,989 19,047 27,476 9,500 264,443 122,281 317,188 39% Total Expenditures: 88,395 155,447 101,204 94,808 97,730 85,436 1,203,591 623,020 1,539,858 40% Total Change In Net Position 37,808 (58,227) (59,404) (8,037) (9,291) 270 1,312,597 (96,881) - 24 Community Development Change In Net Position Expenditures: Community Development Community development CDBG PROJECT 24-400-619 - - - - - - 98,951 - - #DIV/0! Total Community development - - - - - - 98,951 - - #DIV/0! Total Expenditures: - - - - - - 98,951 - - #DIV/0! Total Change In Net Position - - - - - - (98,951) - - 28 Trails Fund Change In Net Position Revenue: Contributions and transfers CONTRIBUTION FROM GENERAL FUND 28-332-310 2,500 2,500 2,500 2,500 2,500 2,500 220,000 15,000 30,000 50% Total Contributions and transfers 2,500 2,500 2,500 2,500 2,500 2,500 220,000 15,000 30,000 50% Total Revenue: 2,500 2,500 2,500 2,500 2,500 2,500 220,000 15,000 30,000 50% #DIV/0! Expenditures: Millcreek Projects Millcreek PROFESSIONAL/TECHNICAL 28-400-531 - - - - - - - - 30,000 0% TRAILS 28-400-589 - - - - - - - - - #DIV/0! FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Total Millcreek - - - - - - - - 30,000 0% Total Expenditures: - - - - - - - - 30,000 0% Total Change In Net Position 2,500 2,500 2,500 2,500 2,500 2,500 220,000 15,000 - #DIV/0! 30 Housing Fund Change In Net Position Revenue: Charges for services Rent/Lease Income 30-362-301 12,765 13,520 10,280 10,150 10,575 10,575 116,877 67,865 98,000 69% Total Charges for services 12,765 13,520 10,280 10,150 10,575 10,575 116,877 67,865 98,000 69% Interest INTEREST INCOME 30-361-300 2,478 2,260 2,123 2,281 2,316 2,547 13,531 14,005 20,000 70% Total Interest 2,478 2,260 2,123 2,281 2,316 2,547 13,531 14,005 20,000 70% Miscellaneous revenue Proceeds from Long Term Debt 30-361-365 - - - - - - 6,455,000 - - #DIV/0! Transfer from Housing Fund Beg 30-395-350 - - - - - - - - 6,989,909 0% Transfer From General Fund 30-391-310 - - - - - - - - - #DIV/0! Total Miscellaneous revenue - - - - - - 6,455,000 - 6,989,909 0% Total Revenue: 15,243 15,780 12,403 12,431 12,891 13,122 6,585,408 81,870 7,107,909 1% Expenditures: General government Administrative Salaries and Wages 30-464-510 46 - - - - - 27,689 46 44,815 0% Benefits 30-464-513 2 - - - - - 16,734 2 44,884 0% OVERTIME 30-464-515 - - - - - - - - 5,000 0% Development Costs 30-464-522 68 - 197 - 650 - 145,874 914 6,400,000 0% Operation & Maintenance Costs 30-464-525 - 2,412 16,812 1,165 452 435 35,363 21,275 35,000 61% O&M UTILITIES 30-464-527 50 3,254 2,965 3,339 2,962 3,969 44,731 16,539 40,000 41% Transfer to Debt Service Fund 30-464-560 - - - - - - 133,608 - 538,210 0% Total Administrative 165 5,666 19,974 4,504 4,064 4,403 403,999 38,776 7,107,909 1% Total Expenditures: 165 5,666 19,974 4,504 4,064 4,403 403,999 38,776 7,107,909 1% Total Change In Net Position 15,078 10,114 (7,571) 7,927 8,828 8,719 6,181,409 43,094 - #DIV/0! FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget 31 Debt Service Fund Change In Net Position Revenue: Intergovernmental revenue Contribution from GC Rec Distr 31-362-360 - - - - - - 50,000 - 190,000 0% Contribution from Grand County 31-362-370 - - - - - - 8,819 - 23,367 0% Total Intergovernmental revenue - - - - - - 58,819 - 213,367 0% Charges for services Lease Revenue 31-362-301 - - - - - - 59,042 - 40,231 0% Total Charges for services - - - - - - 59,042 - 40,231 0% Contributions and transfers Transfer from general fund 31-391-310 7,938 7,938 7,938 7,938 7,938 7,938 109,714 47,631 95,261 50% Transfer from housing fund 31-391-315 - - - - - - 133,608 - 538,210 0% Total Contributions and transfers 7,938 7,938 7,938 7,938 7,938 7,938 243,322 47,631 633,471 8% Total Revenue: 7,938 7,938 7,938 7,938 7,938 7,938 361,183 47,631 887,069 5% Expenditures: Community Development Community development 2018 CIB Bond - Principal 31-471-615 - - 30,000 - - - 29,000 30,000 30,000 100% 2018 CIB Bond - Interest 31-471-616 - - 16,750 - - - 17,475 16,750 16,734 100% 2019 Walnut Lane Lease - Princ 31-471-617 - - - 65,000 - - 62,000 65,000 65,000 100% 2019 Walnut Lane Lease - Inter 31-471-618 - - - 68,967 - - 71,608 68,967 63,967 108% 2021 WALNUT LANE BOND PRINCIPA 31-471-619 - - - - - - - - 262,000 0% 2021 WALNUT LANE BOND INTEREST 31-471-620 - - 72,193 - - - - 72,193 147,243 49% Total Community development - - 46,750 133,967 - - 180,083 180,717 175,701 103% Municipal Building Authority Municipal Building 2003 Sales Tax Rev - Principal 31-471-611 - - 89,000 - - - 87,000 89,000 89,000 100% 2003 Sales Tax Rev - Interest 31-471-612 - - 22,125 - - - 24,300 22,125 22,125 100% 2009 Sales Tax Rev - Principal 31-471-613 - - 191,000 - - - 191,000 191,000 191,000 100% Total Municipal Building - - 302,125 - - - 302,300 302,125 302,125 100% Total Expenditures: - - 348,875 133,967 - - 482,383 482,842 477,826 101% Total Change In Net Position 7,938 7,938 (340,937) (126,028) 7,938 7,938 (121,199) (435,211) 409,243 -106% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget 41 Capital Projects Fund Change In Net Position Revenue: Interest INTEREST INCOME 41-361-300 98 90 84 90 92 101 2,378 555 2,000 28% Total Interest 98 90 84 90 92 101 2,378 555 2,000 28% Miscellaneous revenue GRANT PROCEEDS 41-362-303 - - - - 50,000 - - 50,000 417,500 12% DONATIONS 41-362-300 - - 50 25 - - 330 75 - #DIV/0! Total Miscellaneous revenue - - 50 25 50,000 - 330 50,075 417,500 12% Contributions and transfers TRANSFER FROM GENERAL FUND 41-391-310 46,057 46,057 46,057 46,057 46,057 94,271 683,299 324,556 890,183 36% CAPITAL PROJECTS FUND BEG. BAL 41-395-361 - - - - - - - - 50,000 0% Total Contributions and transfers 46,057 46,057 46,057 46,057 46,057 94,271 683,299 324,556 940,183 35% Total Revenue: 46,155 46,146 46,191 46,172 96,149 94,372 686,007 375,185 1,359,683 28% Expenditures: General government Administrative VEHICLES 41-740-690 - - - - - - 9,852 - 9,852 0% IT - OTHER EQUIPMENT 41-740-697 3,335 - - - 10,328 - 109,264 13,663 - #DIV/0! IT - COMPUTER REPLACEMENT 41-740-696 - 2,000 - 1,632 - - 4,867 3,632 - #DIV/0! Total Administrative 3,335 2,000 - 1,632 10,328 - 123,983 17,294 9,852 176% Public safety Police POLICE EQUIPMENT 41-791-650 - - - - - - - - 38,094 0% POLICE VEHICLES 41-791-655 39,801 - - - - - 100,145 39,801 130,541 30% Total Police 39,801 - - - - - 100,145 39,801 168,635 24% Animal Shelter ANIMAL SHELTER EQUIPMENT 41-791-641 - - - - - - - - 11,163 0% Total Animal Shelter - - - - - - - - 11,163 0% Public Works PARKING IMPROVEMENTS - DISPERS 41-440-666 - - - - - 4,841 - 4,841 - #DIV/0! 400 EAST ROAD IMPROVEMENTS 41-440-686 - - - - - - - - - #DIV/0! 500 WEST/KANE CREEK IMPROVE 41-440-697 - - - - - - - - - #DIV/0! VEHICLES 41-440-691 - - - - - - - - - #DIV/0! Flood Damage Repair 41-440-699 - - - - - - - - 330,000 0% Total Public Works - - - - - 4,841 - 4,841 - #DIV/0! FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Municipal Building CENTER STREET GYM MECHANICAL 41-770-651 - - - - - - - - - #DIV/0! Total Municipal Building - - - - - 4,841 - 4,841 330,000 1% Recreation TRAIL & BRIDGE IMPROVEMENTS 41-780-625 - - - - - - - - 300,000 0% ART IN PUBLIC PLACES 1%41-780-630 - 2,451 830 675 675 7,777 21,772 12,408 37,000 34% PARK IMPROVEMENTS 41-780-644 - - - - - - 48,624 - - #DIV/0! PARKS EQUIPMENT & VEHICLES 41-780-646 - - - - - - - - - #DIV/0! Total Recreation - 2,451 830 675 675 7,777 70,396 12,408 337,000 4% Swimming Pool AQUATIC CENTER IMPROVEMENTS 41-470-670 - - - - - - - - - #DIV/0! AQUATIC CENTER SET ASIDE 41-470-671 - - - - - - - - - #DIV/0! AQUATIC CENTER EQUIPMENT REPLA 41-470-672 - - - - - - - - - #DIV/0! Total Swimming Pool - - - - - - - - - #DIV/0! Moab Arts & Recreation Center MARC BUILDING IMPROVEMENTS 41-460-672 - - 6,775 2,640 3,488 148 68,381 13,051 50,000 26% Total Moab Arts & Recreation Center - - 6,775 2,640 3,488 148 68,381 13,051 50,000 26% Municipal Building Authority Municipal Building BLDG IMPROVEMENTS 41-770-650 - - - - - - - - - #DIV/0! Total Municipal Building - - - - - - - - - #DIV/0! Transfers and Contributions RETURN OF LOAN/GRANT PROCEEDS 41-400-680 - - - - - - - - - #DIV/0! TRANSFER TO CP FUND BALANCE 41-400-690 - - - - - - - - 353,033 0% Total Transfers and Contributions - - - - - - - - 353,033 0% Total Expenditures: 43,136 4,451 7,604 4,947 14,490 12,766 362,905 87,394 929,683 9% Total Change In Net Position 3,019 41,696 38,587 41,226 81,658 81,606 323,102 287,791 430,000 67% 51 Water Fund Income or Expense Income From Operations: Operating income FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Water Operating Income WATER PENALTIES 51-363-330 2,091 4,230 2,107 1,694 1,675 2,038 20,462 13,836 11,000 126% Water SUNDRY REVENUES 51-369-300 39 35 35 - - - 39,006 109 40,000 0% Water GOVERNMENT SHOP WATER 51-369-301 - - - - - - 21,203 - 20,000 0% Water TAXABLE SHOP WATER 51-369-302 398 178 315 95 - - 76,510 987 60,000 2% WATER SALES 51-371-300 210,247 179,166 182,686 135,057 96,613 92,922 1,686,524 896,691 1,703,461 53% TAX ON SHOP WATER SALES 51-371-320 146 204 160 109 83 93 (5,453) 795 - #DIV/0! WATER CONNECTION 51-372-360 6,840 438 10,661 1,075 5,240 - 69,942 24,253 65,000 37% WATER TERMINATION 51-372-361 - - - - - - 49 - - #DIV/0! Total Water Operating Income 219,762 184,252 195,964 138,031 103,610 95,053 1,908,243 936,671 1,899,461 49% Non-Operating Items: Water Non-operating income INTEREST INCOME 51-361-300 2,392 2,181 2,050 2,202 2,236 2,459 7,380 13,520 10,000 135% WATER IMPACT FEES 51-361-311 28,703 3,138 22,370 - 956 478 164,987 55,645 70,000 79% Total Water Non-operating income 31,095 5,319 24,420 2,202 3,192 2,937 172,367 69,165 80,000 86% Total Income 250,857 189,571 220,383 140,233 106,802 97,990 2,080,610 1,005,836 1,979,461 51% Operating expense Water Operating expense Water GENERAL FUND O/H 51-500-509 40,538 40,538 40,538 40,538 40,538 40,538 391,747 243,228 486,457 50% Water SALARIES & WAGES 51-500-510 6,158 16,083 16,391 15,827 16,040 47,600 215,285 118,100 243,395 49% Water EMPLOYEE BENEFITS 51-500-513 8,391 11,078 14,418 14,334 14,147 28,970 176,478 91,339 155,533 59% Water OVERTIME 51-500-515 - 889 420 - 285 1,098 5,083 2,692 5,000 54% Water SUBSCRIPTIONS & MEMBERSH 51-500-521 - - - 560 - - 2,052 560 4,948 11% Water TRAVEL 51-500-523 - - 43 109 - - 1,657 152 3,000 5% Water OFFICE EXPENSE & SUPPLIE 51-500-524 9 - 220 - - - 59 229 - #DIV/0! Water EQUIPMENT-SUPPL. & MAINT 51-500-525 - 46 610 - 220 181 5,154 1,057 22,500 5% Water BUILDING SUPPL. & MAINTE 51-500-526 - - - - - - 5,008 - 5,000 0% Water UTILITIES 51-500-527 6,608 7,250 6,070 8,341 4,867 4,876 73,067 38,011 55,500 68% Water TELEPHONE 51-500-528 158 269 218 245 147 489 3,421 1,525 3,125 49% Water RENT OF PROPERTY & EQUIP 51-500-691 - - - - - 2,107 2,107 2,107 8,500 25% Water MONTHLY FUEL - GASCARD 51-500-530 - 1,079 1,210 1,122 1,324 867 11,383 5,603 12,600 44% Water PROFESSIONAL & TECH. SER 51-500-531 733 1,400 1,856 183 5,577 179 42,605 9,928 31,500 32% Water WATER/EDUCATION 51-500-533 - - - 70 - 125 2,005 195 5,000 4% Water OTHER 51-500-535 29 62 15 29 15 91 1,974 240 4,000 6% Water SPECIAL DEPARTMENTAL SUP 51-500-546 2,194 635 8,606 1,112 558 6,380 53,351 19,485 60,600 32% Water INSURANCE 51-500-551 - - - 1,560 - - 1,560 1,560 1,600 98% Water Sustainability 51-500-552 - - - - - - - - - #DIV/0! Water DEPRECIATION 51-500-669 - - - - - - 180,666 - 205,750 0% Total Water Operating expense 64,818 79,330 90,615 84,031 83,716 133,502 1,174,663 536,011 1,314,008 41% Water Non-operating expense Water INTEREST ON BONDS/DEBT S 51-500-682 - - 77,747 - - - 174,953 77,747 174,252 45% Total Water Non-operating expense - - 77,747 - - - 174,953 77,747 174,252 45% Total Expense 64,818 79,330 168,361 84,031 83,716 133,502 1,349,616 613,758 1,488,260 41% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Net Income 186,038 110,241 52,022 56,202 23,087 (35,512) 730,994 392,078 491,201 Water Fund Capital Budget Purchases Land 51-160-111 - 15,607 - 11,070 1,628 - 249,325 28,306 - #DIV/0! Water shares 51-160-115 - - - - - - 18,000 - - #DIV/0! Water - Public Works Building 51-160-121 - - - 12,944 - - - 12,944 25,000 52% Water System Upgrades 51-160-122 - - - - - - - - 1,571,000 0% Water wells 51-160-131 - 18,259 - 223,506 27,296 9,841 49,633 278,903 2,265,000 12% Water tanks 51-160-141 - - - - - - 475,032 - 1,163,470 0% Water lines 51-160-142 - - - - - 631,888 4,842,142 631,888 1,971,530 32% Meters 51-160-143 - - - - - - 1,491,946 - 140,000 0% Fire Hydrants 51-160-144 - - - - 557 - 82,711 557 - #DIV/0! Manhole Replacement Project 51-160-153 - - - - - - - - - #DIV/0! Equipment - general 51-160-161 - - - - - - 582,760 - - #DIV/0! Equipment - water 51-160-162 - - - - - - 455,049 - 162,000 0% Office furniture and equipment 51-160-165 - - - - - - 13,088 - - #DIV/0! Autos and trucks 51-160-171 - - - - - - 235,132 - - #DIV/0! Total Purchases - 33,866 - 247,521 29,482 641,729 8,494,818 952,597 7,298,000 13% Debt Service 2018 Water Revenue Bond 51-251-220 - - - - - - 24,334 - 25,061 0% 2021 Water Revenue Bond 51-251-226 - - - - - - - - 283,000 0% Total Debt Service - - - - - - 24,334 - 308,061 0% Total Capital Budget #DIV/0! - 33,866 - 247,521 29,482 641,729 8,519,152 952,597 7,606,061 52 Sewer Fund Income or Expense Income From Operations: Operating income Sewer Operating Income Sewer SEPTAGE PROCESSING FEES 52-362-390 36,755 25,568 13,757 15,170 12,036 15,032 138,425 118,318 100,000 118% SEWER EXISTING FACILITY FEE 52-372-300 14,824 1,304 2,210 3,190 2,271 239 72,547 24,037 80,000 30% SEWER STUDIES FEE 52-372-310 590 58 110 137 270 42 3,827 1,206 6,000 20% SEWER SERVICES CHARGES 52-372-320 151,278 139,780 141,624 128,692 126,352 118,646 1,527,248 806,371 1,489,670 54% Sewer SPECIAL SERVICES BY CITY 52-372-325 - - - - - - - - 2,000 0% Sewer GREASE TRAP SERVICES/FIN 52-372-326 376 2,188 - 47 - - - 2,611 - #DIV/0! Sewer SPANISH VALLEY SEWER 52-372-350 34,624 34,624 34,624 36,818 34,624 36,818 299,790 212,133 434,317 49% Sewer SJSPSSD SEWER 52-372-360 2,017 2,194 2,194 - 2,194 - 14,522 8,600 10,000 86% SEWER CONNECTION 52-372-370 - - - - 2,040 - 5,999 2,040 10,000 20% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Total Sewer Operating Income 240,463 205,717 194,519 184,054 179,787 170,776 2,062,357 1,175,315 2,131,987 55% Non-Operating Items: Sewer Non-operating income Sewer INTEREST INCOME 52-361-300 370 340 320 345 353 396 4,550 2,124 50,000 4% SJSPSSD SEWER IMPACT FEES 52-361-305 (1,091) - 1,284 1,284 2,567 - 57,624 4,044 50,000 8% SEWER WRF RETAINAGE 52-361-307 - - - - - - 137 - - #DIV/0! GWSSA SEWER IMPACT FEES - OFFS 52-361-308 - - - - - - - - - #DIV/0! GWSSA SEWER IMPACT FEES 52-361-309 6,418 1,284 2,567 1,284 24,982 4,660 137,052 41,195 50,000 82% SEWER IMPACT FEE INTEREST 52-361-310 392 (2) 3,000 2,000 (1,921) 371 5,662 3,840 18,000 21% SEWER IMPACT FEES 52-361-311 19,457 282 7,191 12,324 4,303 18,195 128,694 61,751 50,000 124% SEWER IMPACT FEE FINANCE INTER 52-361-313 - - - - - - 6,907 - 6,000 0% SVWSID CAPITAL ANNUAL CONTRIBU 52-361-315 - 102,207 - - - - 102,207 102,207 - #DIV/0! Total Sewer Non-operating income 25,546 104,110 14,362 17,236 30,285 23,622 442,833 215,161 224,000 96% Total Income 266,009 309,826 208,881 201,290 210,072 194,398 2,505,190 1,390,477 2,355,987 59% Operating expense Sewer Operating expense WRF Sewer GENERAL FUND O/H 52-600-509 39,418 39,418 39,418 39,418 39,418 39,418 378,837 236,507 473,013 50% Sewer WRF SALARIES & WAGES 52-600-510 7,992 20,758 13,506 13,506 13,771 13,605 190,575 83,138 184,982 45% Sewer WRF EMPLOYEE BENEFITS 52-600-513 6,876 10,951 8,425 8,452 8,795 8,669 114,898 52,169 143,820 36% Sewer WRF OVERTIME 52-600-515 182 265 - - 966 785 7,736 2,197 9,000 24% Sewer WRF SUBSCRIPTIONS & MEMB 52-600-521 - - 1,235 200 - - 3,433 1,435 5,874 24% Sewer WRF TRAVEL 52-600-523 - - - - 30 - - 30 2,000 2% Sewer WRF OFFICE EXPENSE & SUP 52-600-524 - 23 73 - 36 232 486 365 1,000 36% Sewer WRF EQUIPMENT SUPPL. & M 52-600-525 726 30,223 233 35,165 - 140 22,357 66,488 30,000 222% Sewer WRF BUILDING SUPPL. & MA 52-600-526 1 480 31 - 194 224 1,615 929 1,600 58% Sewer WRF UTILITIES 52-600-527 13,337 15,832 15,342 15,183 14,426 12,212 159,531 86,331 160,000 54% Sewer WRF TELEPHONE 52-600-528 223 635 223 470 433 433 5,099 2,418 5,000 48% Sewer WRF RENT OF PROPERTY & E 52-600-529 - - - - - - - - 2,000 0% Sewer WRF MONTHLY FUEL - GAS C 52-600-530 - 19 138 76 63 178 2,578 473 3,500 14% Sewer WRF PROFESSIONAL & TECH.52-600-531 11,411 7,599 22,562 17,477 14,855 15,259 159,668 89,164 157,000 57% Sewer WRF EDUCATION 52-600-533 - - 309 200 - - 4,550 509 3,000 17% Sewer WRF SHIPPING\FREIGHT 52-600-535 1,694 2,730 2,410 2,705 1,395 697 19,234 11,632 8,000 145% Sewer WRF SPECIAL DEPARTMENTAL 52-600-546 5,874 19,968 14,805 11,169 16,647 3,721 102,083 72,183 81,700 88% Sewer DEPRECIATION 52-600-669 - - - - - - 167,256 - 220,000 0% Total WRF 87,734 148,901 118,710 144,021 111,028 95,573 1,339,936 705,967 1,491,489 47% Sewer Collection System Sewer COLLECTION SALARIES & WA 52-610-510 4,603 12,742 8,339 8,392 8,392 8,500 85,686 50,968 107,528 47% Sewer COLLECTION EMPLOYEE BENE 52-610-513 3,616 6,240 4,617 4,643 4,612 4,632 46,501 28,359 72,707 39% Sewer COLLECTION OVERTIME 52-610-515 380 711 517 357 238 283 6,636 2,486 8,000 31% Sewer COLLECTION SUBSCRIP & M 52-610-521 - - - 184 - - - 184 4,752 4% Sewer COLLECTION TRAVEL 52-610-523 - - - - 60 - - 60 4,500 1% Sewer COLLECTION OFFICE EXP & 52-610-524 - - - - - - 23 - 900 0% Sewer COLLECTION EQUIP SUPPLIE 52-610-525 2,364 1,853 70 - 205 134 16,593 4,627 28,000 17% Sewer BLDG/GRDS SUPPLIES&MAINT 52-610-526 - - - - - - 138 - 500 0% FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Sewer COLLECTION UTILITIES 52-610-527 300 273 73 294 234 390 2,670 1,565 2,000 78% Sewer COLLECTION TELEPHONE 52-610-528 90 90 90 90 - 179 1,087 538 3,000 18% Sewer COLLECTION RENTALS 52-610-529 - 450 196 - - - - 646 6,000 11% Sewer COLLECTION MONTHLY FUEL 52-610-530 - 678 752 493 437 376 4,378 2,737 5,000 55% Sewer COLLECTION PROFESSIONAL 52-610-531 2,271 6,890 1,557 3,289 7,854 312 57,389 22,172 337,250 7% Sewer COLLECTION EDUCATION 52-610-533 - 61 319 100 360 - 1,675 840 5,850 14% Sewer COLLECTION OTHER 52-610-535 - 29 47 115 71 - 910 261 5,450 5% Sewer COLLECTION SPEC DEPT SUP 52-610-546 1,052 544 2,851 1,205 1,432 1,089 30,814 8,173 44,000 19% Total Sewer Collection System 14,676 30,561 19,427 19,162 23,896 15,895 254,499 123,617 635,437 19% Sewer Non-operating expense Sewer INTEREST ON SEWER BONDS 52-600-682 - 37,736 147,683 - - - 287,636 185,419 208,114 89% Total Sewer Non-operating expense - 37,736 147,683 - - - 287,636 185,419 208,114 89% Total Expense 102,410 217,198 285,820 163,183 134,924 111,469 1,882,071 1,015,003 2,335,040 43% Net Income 163,599 92,628 (76,939) 38,107 75,149 82,929 623,119 375,473 20,947 1792% Sewer Fund Capital Budget Purchases Sewage treatment facilities 52-165-110 - - - - - - - - - #DIV/0! Sewer lines 52-165-120 - - - - - - - - - #DIV/0! Manhole Replacement Project 52-165-130 - - - - - - 1,940 - - #DIV/0! Equipment - general 52-166-110 - - - - - - - - - #DIV/0! Equipment - sewer 52-166-130 - - - - - - - - - #DIV/0! Office furniture and equipment 52-166-165 - - - - - - - - - #DIV/0! Autos and trucks 52-167-110 - - - - - - - - - #DIV/0! Total Purchases - - - - - - 1,940 - - #DIV/0! Debt Service 2017 Water Reclamation Facility 52-225-220 - - 650,000 - - - 643,000 650,000 650,000 100% 2018 Sewer Bond 52-225-260 - 138,000 - - - - 109,666 138,000 112,939 122% Total Debt Service - 138,000 650,000 - - - 754,606 788,000 762,939 103% Total Capital Budget - 138,000 650,000 - - - 756,546 788,000 762,939 103% 53 Storm Water Utility fund Income or Expense Income From Operations: Operating income Water Operating Income FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget STORM WATER DRAINAGE FEE 53-364-350 28,823 28,744 28,778 28,782 28,766 28,733 344,833 172,625 285,190 61% Total Water Operating Income 28,823 28,744 28,778 28,782 28,766 28,733 344,833 172,625 285,190 61% Total Income 28,823 28,744 28,778 28,782 28,766 28,733 344,833 172,625 285,190 61% Operating expense Water Operating expense Storm wtr GENERAL FUND O/H 53-400-509 8,760 8,760 8,760 8,760 8,760 8,760 84,186 52,557 105,114 50% Storm wtr FUEL 53-400-530 - 473 507 208 314 443 3,451 1,946 19,260 10% Storm wtr PROFESSIONAL & TECH.53-400-531 - 11,085 4,623 - 1,964 3,129 2,500 20,800 25,000 83% Storm wtr SPECIAL DEPARTMENTAL 53-400-546 - 3,396 - - - - - 3,396 - #DIV/0! Storm wtr DEPRECIATION 53-400-669 - - - - - - 6,917 - - #DIV/0! Storm wtr SPECIAL PROJECTS 53-400-675 - 240 - - - - 591 240 - #DIV/0! Total Water Operating expense 8,760 23,953 13,889 8,968 11,037 12,332 97,645 78,939 149,374 53% Total Expense 8,760 23,953 13,889 8,968 11,037 12,332 97,645 78,939 149,374 53% Net Income 20,063 4,790 14,888 19,814 17,729 16,401 247,188 93,685 135,816 69% Storm Water Fund Capital Budget Projects: Storm Water System Upgrades #VALUE! Total Projects #DIV/0! Purchases Equipment - General 53-166-110 - - - - - - - - - #DIV/0! Total Purchases #DIV/0! Debt Service Total Debt Service #DIV/0! Total Capital Budget #DIV/0! 55 Transit and Parking Fund Change In Net Position Revenue: Charges for Services Transit Fares 55-372-310 - - - - - - - - - #DIV/0! Total Charges for Services - - - - - - - - - #DIV/0! Contributions and transfers FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget UDOT Hotspot Contribution 55-362-310 - - - - - - - - 500,000 0% Grand County Contribution 55-362-320 - - - - - 20,000 - 20,000 250,000 8% CONTRIBUTION FROM GENERAL FUND 55-332-310 - - - - - 37,500 - 37,500 37,500 100% Federal Transit Authority Cont 55-362-330 - - - - - - - - - #DIV/0! Transfer from Transit Fund Beg 55-395-310 - - - - - - - - - #DIV/0! Total Contributions and transfers - - - - - 57,500 - 57,500 787,500 7% Total Revenue: - - - - - 57,500 - 57,500 787,500 7% Expenditures: General Expenditures Transit Operator Contract 55-400-510 - - - - - - - - 250,000 0% Transit GENERAL FUND O/H 55-400-509 - - - - - - - - 45,000 0% Marketing and Branding 55-400-511 - - - - 3,500 - - 3,500 17,500 20% Transit Professional & Tech 55-400-531 - - - - - - - - - #DIV/0! Transfer to Fund Balance 55-400-899 - - - - - - - - 475,000 0% Total General Expenditures - - - - 3,500 - - 3,500 787,500 0% Total Expenditures: - - - - 3,500 - - 3,500 787,500 0% Total Change In Net Position - - - - (3,500) 57,500 - 54,000 - 61 Health Insurance Fund Change In Net Position Revenue: Charges for services Health Reimb Arrgmt Premiums 61-341-310 42,881 42,881 43,183 39,548 37,913 36,277 549,338 242,684 675,547 36% Dental Premiums 61-341-311 3,536 3,509 - - - (345) 42,843 6,700 50,000 13% Health Savings Account Premium 61-341-312 - - (5,445) 6,027 692 (969) 3,678 306 120,000 0% Medical Insurance Premiums 61-341-313 65,766 64,612 45,636 45,530 47,648 47,595 904,955 316,786 1,296,000 24% Life Insurance Premiums 61-341-314 2,369 3,429 (6) - 40 (0) 7,945 5,832 14,000 42% Vision Insurance Premiums 61-341-315 - - - - - - 16,214 - 14,500 0% Employee Health Savings Accoun 61-341-316 - - (1,794) 1,994 (62) - 7,513 138 240,000 0% Employee Supplemental Insuranc 61-341-318 - - - - - - - - 24,000 0% Employee Life Insurance Premiu 61-341-319 - - - - - - - - 11,500 0% Short Term Disability Premiums 61-341-320 (1,087) (940) (2,340) - - - (1,108) (4,367) 16,800 -26% Total Charges for services 113,465 113,491 79,235 93,100 86,231 82,558 1,531,377 568,081 2,462,347 23% Total Revenue: 113,465 113,491 79,235 93,100 86,231 82,558 1,531,377 568,081 2,462,347 23% Expenditures: General government FY22 Month by Month MOAB CITY CORPORATION 50% of the Fiscal Year has expired Fiscal Year 2021-2022 Financials GL Code July August September October November December FY21 Actual FY22 YTD FY22 Budget % Budget Administrative Third party administrator 61-415-651 49 49 159 159 159 184 1,078 759 - #DIV/0! Health Reimbursement Arrangeme 61-415-652 23,571 50,433 32,385 24,114 40,415 54,253 383,546 225,171 574,215 39% Dental Expenses 61-415-653 1,560 2,708 4,972 1,671 2,182 960 33,735 14,053 45,000 31% Health Savings Account Funding 61-415-654 - - - - - 138 (581) 138 120,000 0% Medical Insurance premiums 61-415-655 78,652 68,418 70,565 85,022 84,665 155,570 907,818 542,893 1,296,000 42% Vision Insurance premiums 61-415-656 - - - - - - 9,540 - 14,500 0% Life Insurance premiums 61-415-657 2,366 2,371 - - - - (584) 4,737 14,000 34% Assistance Program (EAP)61-415-658 329 329 329 329 329 329 3,003 1,974 3,720 53% TeleMedicine 61-415-659 408 - 1,632 398 - 383 4,529 2,820 5,508 51% Wellness Program 61-416-661 - 5,865 - - - 4,095 23,544 9,960 12,000 83% Employee Health Savings Accoun 61-416-662 - - - - - 138 (1,834) 138 240,000 0% Employee Supplemental Insuranc 61-416-663 - - - - - - 22,278 - 24,000 0% Employee Life Insurance premiu 61-416-664 - - - - - - 13,351 - 11,500 0% Short Term Disability 61-416-665 - - - 1,113 - 972 - 2,084 16,800 12% Transfer to Fund Balance 61-426-665 - - - - - - - - 85,104 0% Total Administrative 106,934 130,174 110,042 112,806 127,750 217,023 1,399,423 804,728 2,462,347 33% Total Expenditures: 106,934 130,174 110,042 112,806 127,750 217,023 1,399,423 804,728 2,462,347 33% Total Change In Net Position 6,531 (16,682) (30,807) (19,706) (41,518) (134,465) 131,955 (236,648) - #DIV/0!