HomeMy Public PortalAboutPKT-CC-2015-06-23Moab City Council
June 23, 2015
Pre -Council Workshop/Presentation
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
CITY CENTER
(217 East Center Street)
Agenda
Page 1 of 85
Agenda
Page 2 of 85
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
Moab City Council
Regular Council Meeting (REVISED)
City Council Chambers
Tuesday, June 23, 2015 at 6:30 p.m.
6:30 p.m.
7:00 p.m.
SECTION 1:
SECTION 2:
SECTION 3:
SECTION 4:
SECTION 5:
SECTION 6:
SECTION 7:
Agenda
PRE COUNCIL WORKSHOP
Discussion Regarding Visioning
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
1-1 May 12, 2015
CITIZENS TO BE HEARD
PRESENTATIONS
PROCLAMATIONS
4-1 Mayoral Proclamation of July 1- 7, 2015 as Independents Week in Moab
PUBLIC HEARING (Approximately 7:15 PM)
5-1
Solicitation of Public Input on Proposed Resolution #23-2015 —A Resolution
Amending the City of Moab Fiscal Year 2015-2015 Budget
SPECIAL EVENTS/VENDORS/BEER LICENSES
6-1 Approval of a Class II Beer License for Christopher Beitner d.b.a. Paradox Pizza
Located at 702 South Main Street
6-2 Approval of Local Consent of a Limited Service Restaurant Liquor License for
Christopher Beitner, d.b.a. Paradox Pizza, Located at 702 South Main Street
6-3 Approval of a Class III Retail Beer License for Chelsea Birdwell, d.b.a. Dave's Corner
Market Located at 401 Millcreek Drive
6-4 Approval of an Extension of Special Use of Swanny City Park and a Special Events
License for WabiSabi to Conduct a Free Lunch Program at Swanny City Park through
July 6, 2015
NEW BUSINESS
7-1 Approval of Proposed Ordinance #2015-06 — An Ordinance Amending the City of
Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials' Salaries
7-2 Approval of Proposed Resolution #23-2015 — A Resolution Amending the City of
Moab Fiscal Year 2015-2015 Budget
Page 3 of 85
7-3 Approval of Proposed Resolution #21-2015 — A Resolution Adopting Changes In The
City of Moab Sewer Rate Structure
7-4 Approval of Proposed Resolution #13-2015 — A Resolution Approving Lease
Amendment No. 2 to Contract No. 11-0870, a Lease Agreement With the State of
Utah, Division of Facilities Construction and Management for Tenant Space at the
Moab City Center for the School and Institutional Trust Lands Administration (SITLA)
7-5 Award of 2015 Crack Seal Project
7-6 Approval of 2015 Crack Seal Project Contract
7-7 A Resolution Approving A Lease Amendment No. 2 To Contract No. 06-0525, A Lease
Agreement With The State Of Utah, Division Of Facilities Construction And
Management For Tenant Space For At The Moab City Center For The Department Of
Corrections, Division Of Adult Probation And Parole
7-8 Approval of Proposed Resolution # 25-2015 — A Resolution Approving the
Improvements Agreement For The Homewood Suites Hotel At 132 North Main
Street Including Acceptance Of Cash -In -Lieu For The Construction Of Improvements
To The Sanitary Sewer Conveyance System
7-9 Consideration of Ordinance #2015-07 Approving a Zoning Map Amendment for
Property Located at 889 North Main Street from R-2 to C-4 as Referred to Council by
the Planning and Zoning Commission
SECTION 8: MAYOR AND COUNCIL REPORTS
SECTION 9: READING OF CORRESPONDENCE
SECTION 10: ADMINISTRATIVE REPORTS
SECTION 11: REPORT ON CITY/COUNTY COOPERATION
SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 13: ADJOURNMENT
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
Agenda
Page 4 of 85
MOAB CITY COUNCIL
REGULAR MEETING
May 12, 2015
The Moab City Council held its Regular Meeting on the above date in
the Council Chambers at the Moab City Center, located at 217 East
Center Street, Moab, Utah.
Mayor Pro Tem Heila Ershadi David L. called the Pre -Council Workshop
to order at 6:00 PM. In attendance were Councilmembers Heila Ershadi,
Gregg Stucki, Kyle Bailey and Doug McElhaney. Mayor David L. Sakrison
and Councilmember and Kirstin Peterson arrived at 6:08 PM. Also in
attendance were City Manager Rebecca Davidson, City
Recorder/Assistant City Manager Rachel Stenta, Deputy Treasurer
Chantel Lindsay, Police Chief Mike Navarre, Public Works Director Jeff
Foster, City Planner Jeff Reinhart and Planning Assistant/Zoning
Administrator Sommar Johnson. Two members of the audience and
media were present.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and led the pledge of allegiance. Thirteen (13) members of the
audience and media were present.
There were no minutes to approve.
Under Citizens to Be Heard, Arne Holdquist spoke on behalf of the
Moab Area Watershed Partnership in reference to Proposed Ordinance
#2015-05. Mr. Holdquist read a written statement in opposition to the
proposed ordinance.
Kara Dohrenwend spoke as the Chair of the Grand Conservation District
regarding Proposed Ordinance #2015-05 and stated that the Grand
Conservation District is interested in working with the City to develop a
regulatory ordinance that addresses the issue but is not punitive.
REGULAR MEETING &
ATTENDANCE
PRE -COUNCIL WORKSHOP
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
Under Community Development Department Update, Community COMMUNITY DEVELOPMENT
Development Director Olsen stated that he would be applying for a UPDATE
Community Impact Board Grant to help fund the Wastewater
Treatment Plant Upgrade that would require a public hearing.
Community Development Director Olsen stated that there would be a
Mobile Active Transportation Tour on June 1 and 2, 2015.
Community Development Director Olsen stated that the Arbor Day
Foundation paid for him to attend a meeting in Nebraska to represent
all of the small cities in the U.S. and to receive a tree growth award.
May 12, 2015
Agenda
Page 1 of 4
Page 5 of 85
Under Engineering Department Update, Acting City Engineer Johanson
stated that City Engineer interviews had been completed and that there
would be a meeting the next day regarding the proposed water tank.
Acting City Engineer Johanson stated that staff had reviewed the Lions
Park specifications and would require that the Contractor compensate
for the removal of the trees at Lions Park.
Under Planning Department Update, Planning Director Reinhart stated
that staff was still working on the General Plan update and had gotten
much closer to a 2015 plan. Planning Director Reinhart stated that a
public process would be conducted for the General Plan. Planning
Director Reinhart stated that staff had started an assessment of the
Floodway to identify and locate City structures as well. Planning
Director Reinhart then gave a brief overview of the upcoming Planning
Commission meeting.
A Police Department Update was not given.
Under Public Works Department Update, Public Works Director Foster
stated that the 500 West Project was complete. Public Works Director
Foster stated that the Lions Park project was making good progress.
Public Works Director Foster continued that staff had been working on
safety hazards at City Parks and that he had attended site visits to help
with the selection of a process for the new WasteWater Treatment
Plant.
Mayor Sakrison presented Ammon Jackman with the Mayor's Student
Citizenship of the Month Award for May 2015 for Helen M. Knight
School.
Councilmember Ershadi moved to approve a Performance Permit for
Moab Drumm In' to perform Taiko Drumming Located at 90 North Main
Street on the Second Saturday of Every Month from June to November
2015. Councilmember McElhaney seconded the motion. The motion
carried 5-0 aye.
Councilmember McElhaney moved to approve the Moab Arts Festival,
Located at Swanny City Park on May 23 and 24, 2015 as follows:
1. Approval of a Special Event License for Moab Arts Festival
2. Approval of a Special Use of Swanny City Park for Moab Arts
Festival
Councilmember Peterson seconded the motion. The motion carried 5-0
aye.
May 12, 2015
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
STUDENT OF THE MONTH
PRESENTATION
PERFORMANCE PERMIT FOR
MOAB DRUMM IN',
APPROVED
MOAB ARTS FESTIVAL EVENT
PERMITS, APPROVED
Agenda
Page 2 of 4
Page 6 of 85
Councilmember Bailey moved to approve a Request for an Amplified
Music Event at Old City Park by the Humane Society of Moab Valley to
Conduct the Annual Dawg Days of Summer on Saturday, June 27, 2015
from 5:00 to 8:00 PM. Councilmember Stucki seconded the motion. The
motion carried 5-0 aye.
Councilmember Peterson moved to send Proposed Ordinance #2015-05
— An Ordinance Amending the City of Moab Municipal Code, Chapter
17.33, FC-1 Flood Channel Zone, Specifically Referencing Fencing,
Structures for Public Transportation, Vegetation and Penalties to Public
Hearing. Councilmember Ershadi seconded the motion. The motion
carried 5-0 aye.
Councilmember Peterson moved to approve Proposed Resolution
#16-2015 — A Resolution Supporting Rocky Mountain Power's Blue Sky
Program and Endorsing the Efforts of the City of Moab to Apply for a
Blue Sky Grant. Councilmember Bailey seconded the motion. The
motion carried 5-0 aye.
Councilmember Stucki moved to approve Proposed Resolution #17-2015
— A Resolution by the Moab City Council to Adopt the City of Moab
Tentative Budget for Fiscal Year 2015-2016 and Set a Public Hearing for
Review of the Final Budget on May 26, 2015 at 7:15 p.m.
Councilmember Bailey seconded the motion. The motion carried 5-0
aye.
Councilmember Peterson moved to approve the Center Street Gym Roof
Project as follows:
1. Award of the Project Bid to Heritage Roofing
2. Approval of the Project Contract in the Amount of $90,550
Councilmember McElhaney seconded the motion. The motion carried
5-0 aye.
Under Mayor And Council Reports, Councilmember Bailey stated that
the level of Ken's Lake was up slightly but that there was still a
deficiency.
Mayor Sakrison asked Councilmember Stucki if the Solid Waste District
would be emphasizing composting in the future.
Councilmember Ershadi stated that the League of Women Voters events
were starting the following weekend. Councilmember Ershadi then
stated that she attended a housing subcommittee meeting to discuss
essential housing needs of the community. Councilmember Ershadi
then stated that she participated in Envision Utah phone meetings and
May 12, 2015
AMPLIFIED MUSIC EVENT AT
OLD CITY PARK FOR THE
HUMANE SOCIETY OF MOAB,
APPROVED
PROPOSED ORDINANCE
#2015-05 SENT TO PUBLIC
HEARING
PROPOSED RESOLUTION
#16-2015 APPROVED
PROPOSED RESOLUTION
#17-2015, APPROVED
CENTER STREET GYM ROOF
PROJECT AWARDED TO
HERITAGE ROOFING
MAYOR AND COUNCIL
REPORTS
Agenda
Page 3 of 4
Page 7 of 85
attended the Grand Conservation Committee meeting.
Mayor Sakrison stated that he had attended a Division of Water Quality
(DWQ) meeting the previous week and that there was over $38 million
available in funds and that a grant application would be a good idea for
the new water tank project. Mayor Sakrison stated that DWQ was very
motivated to award the money as more would be coming. Mayor
Sakrison stated he also attended the Governor's Rural Partnership
meeting today and that he spoke to the Lt. Governor regarding the Utah
State University Moab Campus.
There was no Correspondence to be Read.
Under Administrative Report, City Manager Davidson stated that she
had met with all full-time City employees and that it had been very good
and very enlightening. City Manager Davidson stated that she had also
been meeting with businesses as well as other government agencies.
City Manager Davidson stated that she would be bringing back an
agreement for the Bazil/Todd property.
A Report on City/County Cooperation was not given.
Councilmember Bailey moved to pay the bills against the City of Moab
in the amount of $398,821.56. Councilmember Stucki seconded the
motion. The motion carried 5-0 aye by a roll -call -vote.
Mayor Sakrison adjourned the Regular Council Meeting at 7:55 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
May 12, 2015
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORT
REPORT ON CITY/COUNTY
COOPERATION
APPROVAL OF BILLS
ADJOURNMENT
Agenda
Page 4 of 4
Page 8 of 85
C
CITY OF MOAB
INDEPENDENTS WEEK
JULY I JULY 7,20I5
Whereas, Independents Week provides a time to celebrate the independence of the members of the
community of Moab and the entrepreneurial spirit represented by our core of local independent businesses;
and
Whereas, the individual decisions every community member makes today affect the future of Moab; and
Whereas, Moab's local independent businesses help preserve the uniqueness of the community and give us a
sense of place; and
Whereas, Moab's core of independently -owned businesses give back to this community in goods, services,
time and talent; and
Whereas, the health of Moab's economy depends on our support of businesses owned by our friends and
neighbors; and
Whereas, Moab's independent business owners and employees enrich community members' shopping
experiences with their knowledge & passion;
Therefore, as we celebrate Independents Week 2015, we acknowledge that the ability to choose the direction of
Moab lies within each of us.
NOW, THEREFORE, I, David Sakrison, Mayor of Moab, do hereby proclaim the week of June 30-July 6,
2014, as: "Independents Week" and salute our community members and locally owned independent businesses
who are integral to the unique flavor of Moab and honor their efforts to make Moab the place we want to live
and work.
„Ty 0,
David L. Sakrison, Mayor June 19, 2015 Rachel Stenta, City Recorder June 19, 2015
y
Page 9 of 85
r
/
MOAB CITY COUNCIL MEETING
June 23, 2025
/
,agenda item
#: 6-1, 6-2
/
/
Title: Approval a Class II Beer License of for Christopher Beitner d.b.a. Paradox Pizza
Located at 702 South Main Street and Local Consent of a Limited Service Restaurant
Liquor License
Fiscal Impact: All applicable fees have been paid by the applicant.
Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager
Department: Recorder/Treasurer
Applicant: Christopher Beitner
Background/Summary:
Paradox Pizza has experienced a change in ownership. This application is for a Class II
Beer License and Local Consent, which entitles the Licensee to sell Beer in the original
containers, on the premises for consumption on the premises, in accordance with the
State of Utah Liquor Control Act and ordinances of the City of Moab. Staff has
determined that a formal background check is not required for this type of license. The
Police Chief has reviewed this application and has determined that the application is in
order. This location has been licensed previously.
Options: The City Council may approve, approve with conditions, deny or postpone
the item.
Staff Recommendation: City staff recommends approval of this application.
Recommended Motion:
"I move to approve item #6-1 and #6-2"
Attachment(s):
Application materials
Agenda
Page 10 of 85
DATE PAID: 1,9 `12:15
O�
AMOUNT PAID. 2W
RECEIPT No.: 154,409
CITY OF MOAB
RETAIL BEER* LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 1 FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
❑ CLASS I FEE:
CLASS II FEE:
❑ PRIVATE CLUB
❑ CLASS III FEE:
❑ CLASS IV FEE:
LICENSE #:
$200.00
$200.00
$720.00
$90.00
$90.00
APPLICANT'S PERSONAL INFORMATION
FULL NAME: rn,IrtfASTOPREL.. er-
HOME ADDRESS: 53D "ROVNJW (.4�Ct,E
HOME PHONE: (got) zitg-'1201
CITY: tAcSTATP' r
SOCIAL SECURITY NUMBER: DATE OF BIRTH:
DRIVER LICENSE NUMBER He S
P: ?4,s- 3 2_
BUSINESS INFORMATION
BUSINESS NAME: 7hi~ALooK 7: 4A
BUSINESS ADDRESS: 102. Sol --A Mi111.1 51-14X-1-
BUSiNESSMAILINGADDRESS: -"e• O. •60)( iSZy,
tAc AB; tr g�1531
CITY: 1,4006
SALES TAX 1D #: 1
BUSINESS PHONE: (�;s)
STATE: Ur ZIP: 1,1-s- 3 Z.
WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE
LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS!
CONTACT THE STATE NOW!
THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE)
❑ CLASS I
Er/CLASS II
Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and
in original containers, for consumption on or off the premises, in accordance with the Liquor
Control Act and the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises
for consumption on the premises, in accordance with the Liquor Control Act and Ordinances
of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose
primary purpose is the dispensing of food.
❑ PRIVATE CLUB Same conditions as Class I and Class II Beer Licenses.
❑ CLASS III
❑ CLASS IV
Retail License shall entitle the Licensee to sell Beer on the premises licensed in original
containers, for consumption off the premises in accordance with the Liquor Control Act and
the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and
in original containers, for consumption on the premises in accordance with the Liquor Control
Act and the Ordinances of the City limited to the dates specified.
Will you als9-serve liquor, wire or heavy beer (over 3.2% by weight)?
❑ NO r YES (Requires `Local Consent' approved by City Council prior to State approval.)
2. List brands of beer proposed to be sold by the applicant within the City of Moab:
C+d..f-t t t T til O WADA, NEW liet,ii tiM he 103 PAT Tt e-0 1 1 is RCM I hn3 ( )(Pdf-r tAra��
(ALT13iE4 lj UmiTA t3G�Wtirll� Loh�1pR-N1 C11or n1DTC.�k [�' bi 711$okrpALe Ate}; vA• •51 kRt�
//�3 t-tvpt$ ��.4.4 1 AYE Ar►&Pic WREAT BIG, t{ovSE RLb M4D i1_ Wtr4E-
*Beer application is for 3.2% by weight only. Also requires a State license. 09/21M5
Agenda
Page 11 of 85
3. Heyou ever been convicted of any offense other than a minor traffic violation?
No In YES (If yes, list offenses along with an explanation. Include locations and dates.)
4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State
of Utah if required for Class 1, II, Private Club and Class IV.
THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN
APPOINTMENT.
HEALTH INSPECTOR
(435) 259-5602
575 Kane Creek Blvd
DATE OF INSPECTION
APPROVED ❑ DISAPPROVED ❑
REASON:
SIGNATURE
MOAB CITY COUNCIL
AGENDA DATE:
❑ APPROVED
O DISAPPROVED
REASON(S):
SPECIAL CONDITIONS:
Agenda
Page 12 of 85
RETAIL BEER LICENSE APPLICATION
Submit completed application and attachments to the City Treasurer for processing.
The applicant represents that they possess all the qualifications of a licensee as set forth
in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully
comply with and have faithfully complied with the Utah Liquor Control Act.
This application is submitted to the City of Moab as an inducement for the issuance of a
retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah
Code Annotated 1953. The undersigned applicant hereby agrees and promises that if
such beer license is granted, the applicant will faithfully comply with all provisions of the
Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted
pursuant thereto, and the ordinances of the City of Moab, and in particular that they will
faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to
reporting and payment of excise tax, and with regulation 4 relating to advertising,
regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair
competition and unlawful practice.
Applicant's Signature
STATE OF UTAH
COUNTY OF GRAND
eN)(6\i)Nne,e-- je.k�rr� , being first duly sworn, on his/her oath deposes
anti says: Thhe/she is the applicant above named; that he /she has read the
foregoing application, and knows and understands the contents thereof; that the same is
true to his/her own knowledge.
Subscrie�d and sworn to before h me on this \2-4day of
P
otary Pubtrc
Page 13 of 85
LIMITED -SERVICE RESTAURANT LIQUOR LICENSE
Local Consent
PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control
Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow
the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance
reducing the proximity requirements
AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206
1n a ab C`*4-7 , VI. City [ 'Town [ ] County
Local business license authority
hereby grants its consent to the issuance of a limited -service restaurant liquor license to:
Business Name (DBA): PiAf-APa FIZZA
Applicant Entity/Business Owner: 0,144-1516144fi- 13f-trid61.-
Location Address: -702. SoUrt1 MAikl STUA-T MoAB OAR 84532.
Authorized Signature
Name/Title Date
LOCAL CONSENT FOR PROXIMITY VARIANCE
In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the
proximity of this establishment relative to a public or private school, church, public library, public playground,
or park.
Authorized Signature
Name/Title Date
This is a suggested format. A locally produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at
801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408
DABC Local Consent (RL) 1/2012
Agenda
Page 14 of 85
MOAB CITY COUNCIL MEETING
June 21, 2015
Agenda ltem
#: 6-3
Title: Approval of a Class III Beer License for Chelsea Birdwell, d.b.a. Dave's
Corner Market located at 401 Millcreek Drive to Conduct a Retail Sales Business
Fiscal Impact: n/a
Staff Presenter(s): Rachel Stenta, City Recorder
Department: Recorder/Treasurer
Applicant: Dave's Corner Market, Chelsea Birdwell
Background/Summary: Class III Retail Beer License shall entitle the licensee
to sell beer on the premises described in such license in original containers for
consumption off the premises in accordance with the Alcoholic Beverage Control
Act of Utah and the revised city ordinances. Dave's Corner Market has a new
owner and Class III Beer Licenses are non-transferrable. This location has been
licensed previously for a Class III Beer License. Class III licenses are not
regulated by the state of Utah. Staff have reviewed the proposed application and
finds that it meets City requirements.
Options: The City Council may approve, deny or postpone this item.
Recommended Motion: "I move to approve item 6-3."
Attachment(s): Class III Retail Beer Application
Agenda
Page 15 of 85
DATE PAID:
AMOUNT PAID:
RECEIPT NO.:
pb
40
1541.02A4
CITY OF MOAB
RETAIL BEER* LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 1 FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
❑ CLASS I FEE:
• CLASS II FEE:
❑ PRIVATE CLUB
CLASS III FEE:
❑ CLASS IV FEE:
LICENSE #:
$200.00
$200.00
$720.00
$90.00
$90.00
APPLICANT'S PERSONAL INFORMATION
}
FULLNAME: e kets .t ,l tue(I
HOME ADDRESS: ? 5 2. liti fmn i rl VI.7i,u drive
HOME PHONE:
CITY: Alt Oa? STATE. is T
SOCIAL SECURITY NUMBER: DATE OF BIRTH:
DRIVER LICENSE NUMBER & STATE:
?� -2.6v-`tzq
71P: QyS37
BUSINESS INFORMATION
BUSINESS NAME: live Ce Lei I IOLeLe
BUSINESS ADDRESS: Li0 I M4 I Creek. dri Ve BUSINESS PHONE:
BUSINESS MAILING ADDRESS: 401 ICIree "ve
CITY: 114,9
SALES TAX I D #:
t( 35 - Z52 - 6 `q7
STATE: IA ZIP:
WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE
LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS!
CONTACT THE STATE NOW!
THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE)
❑ CLASS I
❑ CLASS II
❑ PRIVATE CLUB
9LASS Ill
❑ CLASS 1V
Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and
in original containers, for consumption on or off the premises, in accordance with the Liquor
Control Act and the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises
for consumption on the premises, in accordance with the Liquor Control Act and Ordinances
of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose
primary purpose is the dispensing of food.
Same conditions as Class I and Class 11 Beer Licenses.
Retail License shall entitle the Licensee to sell Beer on the premises licensed in original
containers, for consumption off the premises in accordance with the Liquor Control Act and
the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and
in original containers, for consumption on the premises in accordance with the Liquor Control
Act and the Ordinances of the City limited to the dates specified.
Will you also serve liquor, wine or heavy beer (over 3.2% by weight)?
J.A0 ❑ YES (Requires 'Local Consent' approved by City Council prior to State approval.)
2. List brands of beer proposed to be sold by the applicant within the City of Moab:
*Beer appl ication is for 3.2% by weight only. Also requires a State license. 09/21/05
Agenda
Page 16 of 85
3. Have you ever been convicted of any offense other than a minor traffic violation?
lylo O YES (If yes, list offenses along with an explanation. Include locations and dates.)
4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State
of Utah if required for Class 1,11, Private Club and Class IV.
THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN
APPOINTMENT.
HEALTH INSPECTOR
(435) 259-5602
575 Kane Creek Blvd
DATE OF INSPECTION
APPROVED ❑ DISAPPROVED ❑
REASON:
SIGNATURE
MOAB CITY COUNCIL
AGENDA DATE:
❑ APPROVED
❑ DISAPPROVED
REASON(S):
SPECIAL CONDITIONS:
Agenda
Page 17 of 85
RETAIL BEER LICENSE APPLICATION
Submit completed application and attachments to the City Treasurer for processing.
The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32,
Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully
complied with the Utah Liquor Control Act.
This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business
beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned
applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply
with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission
adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully
comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of
excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising,
and regulation 5 relating to unfair competition and unlawful practice.
STATE OF UTAH
: ss
COUNTY OF GRAND
66trf, ,being first duly sworn, on his/her oath deposes and says: That
he/she is the applicant above named; that he /she has read the foregoing application, and knows and
understands the contents thereof; that the same is true to his/her own knowledge.
Subscribed and sworn to before me on this `I day of
JAMIE HULCE
Nay/ Public
Mao of UM
Comm. No. 662071
eV Comm Wm Fir .2. nu
Notary Public
Agenda
Page 18 of 85
MOAB CITY COUNCIL MEETING
June 21, 2015
Agenda item
#: 6-4
Title: Approval of time extension of permits for WabiSabi Free Lunch
Fiscal Impact: None
Staff Presenter(s): Rachel Stenta
Department: Recorder/Treasurer
Applicant: WabiSabi
Background/Summary: The Special Use of City Parks and Special Event
Business License for WabiSabi Free Lunch was approved by City Council on
March 24, 2015. The original permits were approved through June 22, 2015.
The applicant is requesting to extend their use of Swanny City Park along with
the Special Event License through July 6, 2015. Staff finds no issues with this
extension.
i
Options: The Council may approve, approve with conditions, deny or postpone
the item.
Staff Recommendation: Staff recommends approval of the extension.
Recommended Motion: I move to approve (insert name of agenda item).
Attachment(s):
Letter of request from WabiSabi
Agenda
Page 19 of 85
June 16, 2015
Dear Moab City Council,
WabiSabi is writing to request permission to extend our use of Swanny City Park for our "Lunch in the
Park" program for an additional two weeks. On March 24, the council granted WabiSabi a fee waiver for
park usage every Monday from noon to 1 PM from April 6th through June 22"d. Between April 6th and
June 15th we have served 891 nutritious lunches at no cost to attendees. In the process we have not only
fed the community, but also supported local farmers and fostered good spirits among local residents.
Many attendees have commented that they eat more veggies on Monday than any other day of the
week, while others have thanked us for providing an inviting space to engage and network with their
community.
Due to the popularity of the program, as well as generous donations from the community, WabiSabi
would like to offer this free lunch service for an additional two weeks, with the new intended end date
to be July 6th, 2015. We hope that the Moab City Council will allow us to continue to use the park for
these two weeks with waived fees. If we are able to extend the program until July 6th, we expect to
serve, in total over 1000 free or by -donation healthy lunches to the community.
Thank you for your support of the program, and we appreciate your consideration of our request for
extension of the WabiSabi Lunch in the Park program.
Sincerely,
A
Alexandra Yesian
WabiSabi Meals Manager
Agenda
Page 20 of 85
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
June 21 2015
Agenda ltem
#: 7-1
Title: Public Hearing on Proposed Ordinance #2015-06 — An Ordinance
Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt
and Elected Officials Salary
Fiscal Impact: This ordinance will enact a 1.5% increase to wages citywide.
Staff Presenter(s): Rachel Stenta, City Recorder
Department: Recorder
Applicant: n/a
Background/Summary: The City adopts a new compensation chart annually to
accommodate the Cost of Living Adjustment (COLA) for city wages. The COLA
increase this year was estimated at 1.5%, based on the Consumer Price Index
for last year. The wages proposed in this Ordinance reflect the 1.5% COLA
increase.
This Ordinance also includes a slight pay increase for the position of Mayor ($25
per month) which was necessitated by changes to the Utah Retirement System
eligibility rules which raised the threshold of pay for elected officials.
Planning commission wages are included as part of attachment B as well as all
Exempt positions in the City of Moab, including the position of City Engineer.
Options: Approve, Deny or Postpone
Staff Recommendation: Approve.
Recommended Motion: I move to approve (agenda item) as presented.
Attachment(s): proposed ordinance #2015-06
Agenda
Page 21 of 85
ORDINANCE NO.2015-06
AN ORDINANCE AMENDING THE CITY OF MOAB CLASSIFIED HOURLY
PAY RATE SCHEDULE AND EXEMPT AND ELECTED OFFICIALS'
SALARIES
WHEREAS, the Moab City Personnel Policies and Procedures Manual allows that pay
ranges may be adjusted periodically to accommodate increases in the cost of living; and
WHEREAS, the Moab City Personnel, Policies and Procedures Manual calls for using
standard state and national measures to determine cost of living adjustments; and
WHEREAS, the Utah Bureau of Labor Statistics showed that the Cost of Living Increase
for the State of Utah from 2013-2014 was greater than 1.5%; and
WHEREAS, the 2014/2015 Fiscal Year Budget Shows a 1.5% Cost of Living Increase
for all employees covered by the Pay Rate Schedule; and
WHEREAS, the proposed "City of Moab Classified Hourly Pay Rate Schedule" is
attached to this resolution as Attachment A, respectively; and
WHEREAS, Moab Municipal Code Section 2.44.010 states that all salaries of the
elective and appointive officers of the City and the other employees of the City shall be
fixed by motion or resolution of the City Council as in accordance with existing law.
NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB
RESOLVE TO ADOPT The City of Moab Classified Hourly Pay Rate Schedule
(Attachment A) and Exempt and Elected Official Salaries (Attachment B) as referred
herein effective July 1, 2015.
DATED this 23rd day of June 2015.
ATTEST:
Rachel E. Stenta
City Recorder
SIGNED:
David L. Sakrison
Mayor
Ordinance #2015-06
Agenda
Page 22 of 85
June 23, 2015
COLA 1.5%
Attachment A
2015-2016 Compensation Chart
Ordinance 42015-06
Grade
Min
A
B
C
D
E
F
G
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
i
1
10.45
10.77
11.09
11.44
11.77
12.14
12.49
12.87
13.26
13.65
14.05
14.48
14.91
15.37
15.82
16.28
16.79
17.3
17.81
18.34
18.9
19.47
20.05
20.66
21.26
21.9
22.57
2
10.99
11.32
11.63
11.98
12.34
12.72
13.11
13.51
13.9
14.32
14.73
15.19
15.64
16.11
16.6
17.1
17.61
18.15
18.69
19.23
19.81
20.41
21.03
21.66
22.3
22.97
23.67
3
11.48
11.81
12.19
12.55
12.91
13.31
13.7
14.1
14.54
14.97
15.42
15.87
16.37
16.86
17.37
17.89
18.42
18.97
19.54
20.13
20.74
21.35
22.01
22.66
23.33
24.04
24.77
4
12.05
12.39
12.78
13.15
13.56
13.95
14.37
14.81
15.25
15.71
16.17
16.66
17.17
17.68
18.21
18.77
19.33
19.89
20.5
21.12
21.76
22.4
23.08
23.77
24.47
25.21
25.96
5
12.6
12.98
13.37
13.77
14.19
14.62
15.05
15.5
15.96
16.45
16.94
17.46
17.98
18.51
19.07
19.65
20.23
20.84
21.46
22.12
22.78
23.46
24.17
24.89
25.64
26.4
27.2
6
13.21
13.59
14
14.43
14.85
15.32
15.76
16.23
16.73
17.23
17.74
18.28
18.83
19.42
19.98
20.58
21.19
21.83
22.48
23.16
23.85
24.57
25.32
26.09
26.88
27.67
28.5
7
13.85
14.28
14.69
15.12
15.59
16.07
16.54
17.03
17.57
18.09
18.65
19.17
19.75
20.35
20.97
21.6
22.24
22.9
23.59
24.29
25.02
25.78
26.54
27.34
28.16
29.01
29.88
8
14.5
14.93
15.39
15.84
16.32
16.83
17.33
17.83
18.38
18.93
19.5
20.09
20.7
21.28
21.93
22.61
23.27
23.96
24.71
25.43
26.2
26.98
27.79
28.61
29.48
30.37
31.27
9
15.19
15.65
16.11
16.6
17.11
17.62
18.15
18.7
19.24
19.82
20.42
21.04
21.67
22.31
22.46
23.68
24.37
25.11
25.86
26.62
27.43
28.26
29.1
29.97
30.89
31.8
32.75
10
15.89
16.38
16.88
17.39
17.91
18.44
18.99
19.58
20.15
20.76
21.38
22.01
22.69
23.36
24.05
24.79
25.51
26.28
27.06
27.89
28.71
29.58
30.47
31.38
32.32
33.29
34.3
11
16.67
17.18
17.69
18.22
18.78
19.33
19.9
20.51
21.13
21.77
22.4
23.08
23.78
24.48
25.23
25.98
26.74
27.56
28.4
29.25
30.14
31.04
31.98
32.95
33.93
24.18
24.9
12
17.47
17.99
18.52
19.08
19.66
20.25
20.85
21.47
22.13
22.78
23.45
24.17
24.89
25.64
26.41
27.21
28.02
28.88
29.73
30.61
31.54
32.48
33.46
34.47
35.5
36.57
37.67
13
18.31
18.86
19.44
20.01
20.61
21.21
21.86
22.53
23.19
23.89
24.61
25.34
26.1
26.89
27.68
28.51
29.38
30.27
31.17
32.09
33.06
34.05
35.08
36.13
37.22
38.34
39.48
14
19.16
19.74
20.33
20.94
21.58
22.22
22.85
23.57
24.28
25
25.76
26.51
27.31
28.14
29.01
29.87
30.75
31.66
32.62
33.61
34.61
35.65
36.71
37.81
38.94
40.12
41.33
15
20.09
20.69
21.28
21.92
22.59
23.27
23.96
24.69
25.43
26.2
26.97
27.78
28.62
29.48
30.38
31.27
32.21
33.18
34.18
35.19
36.25
37.33
38.45
38.52
40.79
42.01
43.28
16
21.02
21.65
22.33
23
23.71
24.4
25.12
25.89
26.64
27.48
28.31
29.14
30.02
30.93
31.86
32.79
33.78
34.8
35.84
36.93
38.03
39.18
40.36
41.56
42.81
44.09
45.42
17
22.05
22.72
23.4
24.11
24.83
25.56
26.34
27.12
27.94
28.81
29.65
30.54
31.45
32.39
33.37
34.38
35.41
36.47
37.58
38.68
39.84
41.03
42.26
43.53
44.84
46.18
47.58
18
23.1
23.8
24.5
25.25
25.99
26.8
27.58
28.42
29.28
30.15
31.05
31.98
32.95
33.93
34.95
35.99
37.07
38.18
39.34
40.53
41.75
43
44.28
45.62
46.99
48.41
49.86
19
24.21
24.93
25.7
26.45
27.25
28.07
28.93
29.81
30.66
31.59
32.55
33.52
34.53
35.57
36.62
36.65
38.86
40.04
41.24
42.48
43.76
45.07
46.42
47.81
49.24
50.72
52.24
20
25.36
26.12
26.92
27.73
28.55
29.4
30.31
31.2
32.15
33.1
34.1
35.12
36.17
37.25
38.38
39.52
40.71
41.94
43.18
44.49
45.83
47.19
48.61
50.07
51.58
53.14
54.72
E1
26.56
27.37
28.22
29.06
29.93
30.82
31.75
32.68
33.68
34.68
35.73
36.78
37.9
39.04
40.21
41.43
42.67
43.94
45.25
46.63
48.03
49.47
50.95
52.48
54.06
55.68
57.36
E2
27.85
28.67
29.55
30.44
31.35
32.29
33.26
34.24
35.26
36.34
37.41
38.53
39.71
40.9
42.12
43.38
44.67
78.33
47.4
48.82
50.28
51.8
53.35
54.95
56.6
58.3
60.04
E3
29.18
30.06
30.97
31.9
32.86
33.82
34.84
35.88
36.96
38.07
39.23
40.41
41.6
42.86
44.14
45.46
46.81
48.22
49.67
51.19
52.72
54.3
55.93
57.6
53.96
55.57
57.25
E4
30.56
31.49
32.41
33.4
34.4
35.42
36.5
37.6
38.7
39.88
41.06
42.3
43.56
44.88
46.21
47.61
49.04
50.51
52.03
53.59
55.21
56.85
58.56
60.32
62.12
63.99
65.9
E5
32.02
32.99
34
34.99
36.04
37.13
38.25
39.41
40.58
41.79
43.05
44.33
45.66
47.04
48.44
49.89
51.4
52.94
54.53
56.17
57.86
61.38
63.2
65.1
67.06
69.06
71.13
S1
8.12
8.34
8.61
8.85
9.14
9.4
9.67
9.98
10.27
10.58
10.88
11.22
11.55
11.89
12.26
12.62
13
13.39
13.79
14.22
14.65
15.08
15.54
16.01
16.49
16.98
17.5
S2
8.23
8.49
8.73
8.99
9.28
9.54
9.82
10.13
10.42
10.75
11.06
11.4
11.74
12.1
12.45
12.83
13.23
13.61
14.01
14.44
14.87
15.33
15.77
16.25
16.74
17.23
17.75
S3
14.64
15.07
15.53
16
16.48
16.96
17.49
18.01
18.54
19.09
19.67
20.25
20.87
21.5
22.14
22.81
23.48
24.19
24.92
25.67
26.44
27.24
28.05
28.9
29.77
30.65
31.58
S4
14.86
15.33
15.77
16.24
16.74
17.23
17.74
18.28
18.83
19.42
19.99
20.58
21.19
21.83
22.49
23.17
23.85
24.57
25.31
26.08
26.87
27.66
28.49
29.35
30.23
31.14
32.07
S5
26.43
27.22
28.03
28.89
29.74
30.63
31.56
32.52
33.48
34.49
35.54
36.59
37.69
38.81
39.97
41.19
42.42
43.7
44.99
46.36
47.75
49.18
50.65
30.62
31.55
32.5
33.47
S6
26.86
27.65
28.47
29.34
30.21
31.13
32.05
33.02
34.02
35.04
36.09
37.17
38.29
39.43
40.61
41.82
43.08
44.38
45.71
47.08
48.49
49.94
51.43
52.98
54.57
56.22
57.9
Updated on: 5/22/2015
Page 23 of 85
R:\Budget\2016\Salaries and benefits fy 2015-2016 with step and grade.xlsx
Moab City Recorder's Office
ATTACHMENT B
Exempt and Elected Official Salaries
Section 1. Yearly salary range for the following exempt positions only:
City Manager $85,000 — $149,000
Police Chief $70,000 — $120,000
City Engineer $70,000 — $90,000
Public Works Dir $55,000 — $92,707
Recorder $55,000 — $90,000
Treasurer $45,000 — $75,000
Section 2. Yearly salary rates for the following elected official positions:
Mayor $12,300
Councilmembers $ 8,400
Planning Commission Members $50 per meeting
Information about all Moab City financial transactions can be found at:
http://www.utah.goy/transparency
Ordinance #2015-01— Attachment B
Agenda
Page 24 of 85
RESOLUTION # 23-2015
A RESOLUTION AMENDING THE FISCAL YEAR 2014/2015 BUDGET
WHEREAS, the City of Moab has proposed to amend the 2014/2015 fiscal year budget for the various funds;
NOW, THEREFORE BE IT RESOLVED THAT THE 2014/2015 FISCAL YEAR BUDGET SHALL BE AMENDED AS
FOLLOWS:
Amended Fiscal Year 2014/2015 Budget
1. General Fund
2. Capital Projects Fund
3. Enterprise Fund (Water & Sewer)
Amended Amended
Revenue Expenditures
$9,981,013 $9,981,013
$2,597,760 $2,597,760
$2,560,446 $1,678,480
2014/2015 Fiscal Year Budget Amendments
FUNDS REVENUES EXPENDITURES
General Fund ($1,420,000) $1,420,000
EXPENSES
Sanitation — Prof & Tech Services $20,000
Transfer to Capital Projects Fund $1,400,000
REVENUES
Refuse Collection Charges ($20,000)
Transfer from Beg. Fund Balance ($1,400,000)
Capital Projects Fund ($1,400,000) $1,400,000
EXPENSES
USU Building Project $150,000
Increase in Fund Balance $1,250,000
REVENUES
Transfer from General Fund ($1,400,000)
Enterprise Fund (Sewer)
EXPENSES
Overtime
Subscriptions & Membership
Travel
Office Expense & Supplies
Equip Supplies & Maint
Bldg/Grounds supplies & maint
Utilities
Rent of Equip or Property
Monthly Fuel
($45,400)
$45,400
$3, 250
($700)
($900)
($50)
$10, 900
$1,950
($6, 000)
$100
$11, 500
Resolution #23-2015
Agenda
Page 25 of 85
Page 1 of 2
Professional & Technical $8,800
Other $2,050
Special Departmental Supplies $14,500
REVENUES
Beginning Fund Balance ($45,400)
Enterprise Fund (Water & Sewer)
Capital Budget
Impact Fee — Sludge Dewatering ($131,607)
Impact Fee WWTP Facilities Plan $131,607
Sewer Lines — Minor ($40,441)
Sewer Lines — Willows Project ($66,386)
Water Line — 500 West Kane Creek $106,827
PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of
Moab this 23rd day of June, 2015.
ATTEST:
Rachel E. Stenta
City of Moab
David L. Sakrison
Mayor
Resolution #23-2015
Agenda
Page 26 of 85
Page 2 of 2
FY 2014-2015 Budget Year End Closing
Summary of Changes
Year End Closing Changes
Account # Account Name
Adjustment Amount
Revised Budget
Description -
General Fund
10-34-430
Refuse Collection Charges
$ 20,000.00
$ 900,000.00
Increase in sanitaiton billing
10-442-31
Sanitation Prof & Tech
$ 20,000.00
$ 900,000.00
Increase in sanitaiton billing
10-39-940
Transfer from Beg Fund Balance
$ 1,400,000.00
$ 1,693,475.00
Reduction in Fund Balance to meet state standards/funding of future
capital projects
10-480-97
Transfer to Capital Projects Fund
$ 1,400,000.00
$ 1,700,000.00
Reduction in FB to meet state standards/funding of future capital
projects
Captial Projects Fund
41-39-222
Transfer from General Fund
$ 1,400,000.00
$ 1,700,000.00
Reduction in FB to meet state standards/funding of future capital
projects
41-400-90
Increase in Fund Balance
$ 1,250,000.00
$ 1,250,000.00
Reduction in FB to meet state standards/funding of future capital
projects
41-790-47
USU Building Project
$ 150,000.00
$ 150,000.00
Transfer to USU Setaside fund for future project
Water & Sewer Fund
Capital Project
Impact Fee - Sludge Dewatering S
$ (131,607.00)
$ 96,786.00
decrease in budget to reflect actual costs
Capital Project
Impact Fee - Wastewater Facilitie
$ 131,607.00
$ 166,607.00
Increase in budget to accommodate new task orders
Capital Project
Sewer Lines - Minor
$ (40,441.00)
$ 59,559.00
decrease in budget to reflect projects not completed
Capital Project
Sewer Lines - Willows Project
$ (66,386.00)
$ 3,614.00
decrease in budget to reflect actual costs
Capital Project
Water Line - 500 West Kane Creel
$ 106,827.00
$ 456,827.00
Increase in budget to accommodate approve change order
Budget Adjustments for WWTP Operational Issues
Operations Budget
see resolution
$ 45,400.00
Updated on: 6/22/2015
J:\2014\Budget 2014-2015\4 r�d170PAing\summary of changes.xlsx Moab City Recorder's Office
RESOLUTION # 21-2015
A RESOLUTION ADOPTING CHANGES IN THE CITY OF MOAB SEWER RATE
STRUCTURE
WHEREAS, the City of Moab is planning for an upgrade and expansion to the City's Wastewater
Treatment Plant; and
WHEREAS, the current sewer rate will not provide sufficient revenues to pay debt service on
loans obtained from the State of Utah that will be needed to pay for the upgrade and expansion;
and
WHEREAS, in order to receive low interest loans or grants from the State of Utah, the City must
show that sewer system users pay a reasonable monthly charge for sewer services, in an amount
to cover system costs, but not to exceed 1.4% of Median Adjusted Gross Household Income
(MAGI); and
WHEREAS, the City of Moab's MAGI is $32,620, based on the 2010 census; and
WHEREAS, the City's current average residential sewer rate is $16.90, or 0.62% of MAGI, which
is considered too low by the state for the City to qualify to receive grants or the lowest interest
loans; and
WHEREAS, the sewer rate should be raised progressively over the next several years to bring
the rates closer to 1.4% of MAGI; and
WHEREAS, the proposed rate structure would raise the average residential sewer rate to $20.28,
which is an approximate 20% increase over the current average residential sewer rate.
NOW, THEREFORE BE IT RESOLVED, that the following sewer rates structure shall be adopted
by the City of Moab:
A. Standard Rates
Account Type
1. Single Family Residential Dwellings
2. Multiple Unit Residential Complexes
3. Commercial Establishments
Monthly Rate
$12.00 and $1.40 per thousand gallons of the
average monthly winter water usage rate
$12.00 per unit and $1.40 per thousand gallons of
the average winter water usage rate
$15.90 plus $1.55 per thousand gallons of water
used
Resolution #21-2015
Agenda
Page 28 of 85
June 23, 2015
4. Governmental Entities and Institutions $15.90 and $1.55 per thousand gallons of water
used
5. Single Family Dwellings Not Connected to $20.30
the City Water System
6. Multiple Unit Residential Complexes Not $20.30 per unit
Connected to the City Water System
7. Commercial Establishments Not $76.80
Connected to the City Water System
8. Governmental Entities and Institutions Not $60.00
Connected to the City Water System
9. Spanish Valley Water and Sewer District
Sewer Hook-up/Connection Type Monthly Rate
Residential (per connection)
Small Commercial (per connection)
Large Commercial (per connection)
Trailer Spaces (per space)
Motels (per room)
B. Individual Rate Calculation
$9.25
$10.60
$18.50
$5.00
$2.00
In cases in which the City Manager determines that the standard rate or formula as defined in this
chapter produces an inaccurate or inappropriate charge, the City Manager may calculate an
individual sewer rate based on other available information, providing that the rates calculated
must be equitable with respect to other users in the system.
PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City
of Moab this 23rd day of June, A.D., 2015. This ordinance shall take effect on July 1, 2015. Rates for
Spanish Valley Water and Sewer District will take effect July 1, 2015.
ATTEST:
Rachel E. Stenta
City of Moab
David L. Sakrison
Mayor
Resolution #21-2015
Agenda
Page 29 of 85
June 23, 2015
Resolution #13-2015
A RESOLUTION APPROVING A LEASE AMENDMENT NO. 1 TO CONTRACT NO. 11-0870, A LEASE
AGREEMENT WITH THE STATE OF UTAH, DIVISION OF FACILITIES CONSTRUCTION AND
MANAGEMENT FOR TENANT SPACE FOR AT THE MOAB CITY CENTER FOR THE SCHOOL AND
INSTITUTIONAL TRUST LANDS ADMINISTRATION (SITLA)
Whereas, the governing body of the City of Moab desires to enter into an agreement with the
state of Utah, Division of Facilities Construction and Management for Tenant Space at the Moab
City Center for the School and Institutional Trust Lands Administration (SITLA); and
Whereas, the Contract Amendment has been presented to this meeting of the City Council.
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE
CONTRACT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL,
AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of Moab City in open session this
23rd day of June, 2015.
Attest:
Rachel E. Stenta
City Recorder
CITY OF MOAB
By:
David L. Sakrison
Mayor
Resolution #13-2015
Agenda
Page 30 of 85
Page 1 of 1
STATE OF UTAH
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF FACILITIES CONSTRUCTION AND MANAGEMENT
CONTRACT NO.11-0870
AMENDMENT NO.1
TO BE ATTACHED TO AND MADE A PART OF the above numbered
contract by and between the City of Moab, a municipal corporation, hereinafter referred to
as "LANDLORD," and the STATE OF UTAH, DIVISION OF FACILITIES
CONSTRUCTION AND MANAGEMENT hereinafter referred to as the "TENANT" for
the use of State of Utah, School and Institutional Trust Lands Administration, hereinafter
referred to as the "Occupying Agency".
WITNESSETH
THAT WHEREAS, LANDLORD and TENANT have heretofore entered into that
certain Lease Agreement (Contract No. 11-0870) for 929 square feet of space on the second
floor known as Suite 230 in the facility located at 217 East Second Street, Moab, Utah,
which Lease Agreement commenced July 1, 2005, which Lease Agreement No. 11-0870
currently expires June 30, 2015; and
WHEREAS, LANDLORD and TENANT are mutually desirous to renew the
subject Lease Agreement for an additional five (5) years renewal or extended term; and
NOW THEREFORE, for and in consideration of the mutual covenants,
conditions, and agreements herein contained, and other good and valuable considerations, it
is covenanted and agreed between the parties that the aforesaid Lease Agreement be
modified and amended as follows:
PARAGRAPH 1. RENEWAL OR EXTENDED TERM
1.1 This Lease Agreement is hereby renewed and extended for an additional
term of five (5) years which term shall commence July 1, 2015, and shall expire June 30,
2020, and shall continue thereafter on a month -to -month rental basis, if option to renew is
not exercised by TENANT as provided for in Paragraph 2 of this Lease Amendment No. 1,
until terminated by either party by giving thirty (30) days advance written notice to the
other party.
^4mwakNpwpddshavAd01988811110870 Trust Lands Moab Cby A1.doc
ed 6119l2014
Agenda
Page 31 of 85
PARAGRAPH 2. OPTION TO RENEW
2.1 Tenant is hereby granted 1 (one) five-year options to renew and extend the
term of the original Lease.
2.2 All options to renew may be made in the sole discretion of the Tenant and
there is no representation that Tenant will exercise any option.
2.3 A renewal option may be exercised by Tenant by sending written notice to
the Landlord, by U.S. Mail, or by email with a confirming response, indicating the
exercising of the renewal option, at least 120 calendar days prior to the date on which the
subject renewal option period would commence. The written notice shall be sent to the
last known physical address or email address made available to Tenant by Landlord in the
original Lease or as otherwise specified and delivered in writing to the Tenant by the
Landlord at least 180 calendar days before the subject renewal option period would
commence. If sent by email, a confirming email from the Landlord at least 120 calendar
days prior to the date on which the subject renewal period would commence, shall be
evidence that the email was properly sent.
2.4 The first renewal option, if exercised by Tenant, will commence July 1,
2020, and end on June 30, 2025. The monthly rent will be $936.00 per month throughout
this complete term.
PARAGRAPH 3. CONSIDERATION
3.1 For the renewal or extended period beginning July 1, 2015, and ending
June 30, 2020, the sum of the annual base rentals shall be payable by the Occupying
Agency to LANDLORD for the 929 square feet of space according to the following table.
The Occupying Agency shall pay such annual base rentals in two equal semi-annual
installments, each on July 1 and January 1 during the term hereof. If the day upon which
the term of the Lease shall commence is other than the Commencement Date above, then
the rentals shall be apportioned accordingly.
Agenda
Page 22 of 85
All other covenants, terms and conditions of the subject Lease Agreement not
modified by this Lease Amendment No. 1 will remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto sign and cause this Lease Amendment
No. 1 to be executed.
TENANT LANDLORD
State of Utah City of Moab
Lee Fairbourn Date Dave Sakrison
Real Estate and Debt Manager Mayor
Division of Facilities Construction
and Management
Date
Kevin S. Carter Date Rachel Stenta
Director City Recorder
State of Utah
School and Institutional Trust Lands Administrator
Approved as to Form
Alan Bachman
Deputy Attorney General
APPROVED:
Utah Division of Finance
Date
Agenda
Page 3/3 of 85
STATE OF UTAH
)
§
COUNTY OF GRAND )
On the day of , 2014, personally appeared before me Kevin S. Carter
who, being duly sworn, did say that he is the Director of State of Utah School and
Institutional Trust Lands Administration, and that the foregoing instrument was signed on
behalf of said agency by statutory authority, and that the aforesaid agency executed the
same.
My Commission Expires: NOTARY PUBLIC
Residing at:
Agenda
Page A of 85
SITLA RENT SCHEDULE
929 Square feet
FISCAL YEAR
Rate/Sq.
Ft.
Monthly
Payment
Full
Payment
Semi-
Annual
Payment
Year 1
July 2015 - June 2016
13.44
1040.48
12485.76
6242.88
Year 2
July 2016 - June 2017
13.44
1040.48
12485.76
6242.88
Year 3
July 2017 - June 2018
13.44
1040.48
12485.76
6242.88
Year 4
July 2018 - June 2019
13.44
1040.48
12485.76
6242.88
Year 5
July 2019 - June 2020
13.44
1040.48
12485.76
6242.88
Agenda
n: 6/22/2015 J:\Agreements\SITUAkTAA§lease schedule.xlsx Moab City Recorder's Office
City of Moab
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Mayor:
Council:
David L. Sakrison
Kyle Bailey
Heila Ershadi
Doug McElhaney
Kirstin Peterson
Gregg W. Stucki
- INTEROFFICE MEMORANDUM -
Date: June 12, 2015
To: Rachel Stenta — City Recorder/Assistant City Manager
From: Jeff Foster— Public Works Director
Subject: 2015 Crackseal Project Bid Award
We have completed the Bid process for the 2015 Crackseal Project and received 7
bids. The apparent low bid was from Top Job LLC, of which we have not used nor do
we have any history with their performance and abilities with this type of project.
The second lowest bid was from Superior Asphalt, who we have used before and
had excellent results from in the past.
As a result of these circumstances, I recommend that we award the bid to Superior
Asphalt in the amount of $27,510.
Agenda
First EPA Green Power Community in the Nation
Page 36 of 85
1
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
MOAB CITY 2015 CRACKSEAL PROJECT
5/29/15 3:00:00 PM
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Present at Bid Opening:
Name:
G1Vini-e i ACiS i
Gomm e7/e - �� /A, /
K&ob Le
Sig e:
5/29/2015
Agenda
Page 37 of 85
City of Moab Recorder's Office
CONSTRUCTION CONTRACT
This CONTRACT is made and entered into this �3rd day of June, 2015, by and between CITY
OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the
Contract Documents referred to as the "City" and Superior Asphalt herein referred to as the
"Contractor".
WITNESSETH:
WHEREAS, the City advertised that sealed Bids would be received for furnishing all labor,
tool, supplies, equipment, materials and everything necessary and required for the Project
described by the Contract Documents and known as 2o15 Roadway Crack Sealant Project; and
WHEREAS, the Contract has been awarded to the above named Contractor by the City, and
said Contractor is now ready and able to perform the work specified in the Notice of Award, in
accordance with the Contract Documents.
NOW, THEREFORE, in consideration of the mutual promises and performances stated
herein, the sufficiency of which all parties acknowledge, it is agreed as follows:
ARTICLE J.
Contract Documents. It is agreed by the parties that the following list of instruments,
drawings, and documents which are attached and incorporated by reference constitute and shall
be referred to either as the Contract Documents or the Contract, and all of said instruments,
drawings, and documents taken together as a whole constitute the Contract between the parties:
a. Bid specifications for the Project;
b. official design prints and specifications furnished by or to the Contractor and approved
by the City;
c. change orders, approved written instructions, and written contract amendments; and
d. General and Supplementary Conditions.
e. Notice of Award
ARTICLE z
Definitions. In accordance with Article 1, the definition of items provided in the General
2014 Crack Sealant Project CC-1
Agenda
Page 38 of 85
Contract Conditions applies to their usage in the Contract and other portions of the Contract
Documents.
ARTICLE 3
Contract Work. The Contractor agrees to furnish all labor, tools, supplies, equipment,
materials, and all that is necessary and required to complete the tasks associated with the Work
described in the Contract Documents, as limited to those items as indicated in the Notice of Award.
Contractor warrants that all construction shall be completed in a workmanlike manner and in
accordance with all plans, specifications, and applicable building codes.
ARTICLE 4
Contract Time and Liquidated Damages. The Contractor hereby agrees to commence work
under the Contract on or before the date specified in a written Notice to Proceed from the City, and
to substantially and fully complete the work within the time specified in the Special Conditions. In
the event that the work is not completed in the times set forth and as agreed upon, the Contractor
further agrees to pay Liquidated Damages to the City as set forth in the Special Conditions.
Special Conditions: The Contractor shall complete the Work no later than
2015. Liquidated damages in the amount of $200
per day shall be assessed against the Contractor in the event that the Work is not
completed by the agreed completion date.
ARTICLE 5
Contract Price and Payment Procedures. The Contractor shall accept as full and complete
compensation for the performance and completion of all of the work specified in this Contract and
the Contract Documents, the sum of $27,51o.00. The Contract Price has been lawfully appropriated
by the City Council of the City of Moab for the use and benefit of the Project. The Contract Price
shall not be modified except by written change order executed by the City.
a. Partial payments shall be made proportionate to the progress of the work according to
the following schedule:
Requests for payments shall be prepared by the Contractor and approved by the Project Manager.
b. Contractor shall obtain written lien and payment waivers as specified in Exhibit A,
attached, from all laborers, subcontractors and material suppliers contemporaneous
with each payment advanced to those persons under this Contract. Upon final
completion of the Contract, or upon tender of the final payment to each such
2014 Crack Sealant Project CC-2
Agenda
Page 39 of 85
subcontractor or material supplier, Contractor shall obtain a final lien and payment
waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver
all such waivers contemporaneous with each disbursement pursuant to the Contract.
The failure of any party to enforce against another party any provision of this Contract
shall not constitute a waiver of that party's right to enforce such a provision at a later
time, and shall not serve to vary the terms of this Contract.
ARTICLE 6
Contractor shall provide a Certificate of Insurance as outlined in the following insurance
requirements:
The limits of liability for the insurance required by the Contractor shall provide coverage for not
less the following amounts or greater where required by law:
Workers' Compensation
1. State:
2. Applicable Federal:
3. Employer's Liability:
Comprehensive General Liability:
Statutory
Statutory
State Insurance Requirements
i. Bodily Injury:
i,000,000 CSL Each Occurrence
i,000,000 Annual Aggregate,
Products and Completed Operation
2. Property Damage:
i,000,000 CSL
i,000,000
Each Occurrence
Annual Aggregate
3. Property Damage Liability Insurance shall provide Explosion, Collapse, and
Underground coverage where applicable.
4. Personal Injury, with employment exclusion deleted.
i,000,000 CLS
Comprehensive Automobile Liability:
1. Bodily Injury:
i,000,000 CSL Each Person
2014 Crack Sealant Project CC-3
Agenda
Page 40 of 85
i,000,000 CSL
2. Property Damage:
i,000,000 CSL
Each Accident
Each Occurrence
The Comprehensive liability insurance shall include completed operations insurance. All
of the policies of insurance so required to be purchased and maintained (or the
certificates or other evidence thereof) shall contain a provision or endorsement that the
coverage afforded or canceled, materially changed, or renewal refused until at least
thirty days prior written notice has been given to OWNER by certified mail. All such
insurance shall remain in effect until final payment and at all times thereafter when
CONTRACTOR may be correcting, removing, or replacing defective work.
Property Insurance:
Coverage as needed for his on -and off site materials.
ARTICLE 7
Contract Binding. The City and the Contractor each binds themselves, partners, successors,
assigns, and legal representatives to the other party hereto in respect to all covenants, agreements
and obligations contained in the Contract Documents. The Contract Documents constitute the
entire agreement between the City and Contractor and may only be altered, amended or repealed
by a duly executed written instrument. Neither the City nor the Contractor shall, without the prior
written consent of the other, assign in whole or in part his interest under the Contract and
specifically, the Contractor shall not assign any monies due or to become due without the prior
written consent of the City.
ARTICLE 8
Warranties. Unless otherwise expressly disclaimed in these Contract Documents, the
Contractor warrants to the City that all the construction performed under this contract shall be free
from defects of workmanship, labor, and materials, for a period of one year from the date of final
completion of the improvements, or as expressly provided in the bid specifications in the Contract
Documents.
ARTICLE 9
Extensions. For good cause shown, the City may grant a reasonable extension of time for
the completion of improvements pursuant to this Contract. Good cause may include acts of God,
severe weather disturbances, floods, strikes, riots, or other acts or causes which are unforeseen and
beyond the Contractor's control.
All extensions shall be approved in writing.
2014 Crack Sealant Project CC-4
Agenda
Page 41 of 85
ARTICLE io
Legal Compliance, Indemnity.Contractor hereby warrants that it is licensed and authorized
to do business in the State of Utah; that it maintains complying policies for workers compensation
coverage and that said coverage shall be in place for the duration of its performance under this
Contract; that it maintains a suitable policy of motor vehicle and comprehensive general liability
insurance and that said policy shall be in place for the duration of this Contract; and that it shall
perform this Contract in compliance with all applicable local, state, and federal laws.
a. Contractor hereby agrees to indemnify and hold the City, its officers, employees,
and agents harmless from all demands, claims, suits, or liability, including costs of defense, as result
of damages or losses to persons not a party to this agreement and deriving, directly or indirectly,
from the actions, omissions, or breach of duties under this agreement by the Contractor, its
officers, agents, employees, or subcontractors.
ARTICLE 11
Venue, Choice of Law. The place of performance underthis Contract is Grand County, Utah.
In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to
jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed
in accordance with the laws of the state of Utah.
ARTICLE 12
Costs and Damages. In the event of any legal dispute concerning the subjects of this
contract, the substantially prevailing party shall be entitled to recover its reasonable attorney's fees
and court costs, together with all actual damages from breach. It is understood that in no event
shall the City be liable to Contractor for consequential damages.
ARTICLE 13
Notice of Breach, Limitation of Actions. In the event of the occurrence of any material
breach of the terms of this contract the non -breaching party shall deliver written notice of same to
the other party not more than forty five (45) days from the discovery of the act, omission, event, or
default constituting breach. Failure to provide notice of breach as provided herein shall result in
any such claim being barred. Any legal action pursuant to this contract shall be filed not more than
one year from the date of written notice of breach.
a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class
mail as follows:
City Recorder
2014 Crack Sealant Project CC-5
Agenda
Page 42 of 85
City of Moab
217 East Center Street
Moab, Utah 84532-2534
Contractor:
Superior Asphalt
IN WITNESS WHEREOF, the City of Moab, Utah, has caused this Contract to be subscribed
by its Mayor and sealed and attested by its City Recorder in its behalf; and the Contractor has signed
this Contract as set forth below.
City of Moab, Utah
Date: By:
Mayor David L. Sakrison
ATTEST:
City Recorder Rachel E. Stenta
Contractor:
Date: By:
Title
State of Utah
County of
On the
g
day of , personally appeared before me
, who duly acknowledged to me that they executed the same.
My Commission Expires:
Notary Public
Residing in:
2014 Crack Sealant Project CC-6
County
Agenda
Page 43 of 85
Exhibit A
ARTICLE 1- PAYMENT AND LIEN WAIVER
This payment and lien waiver is made and executed this day of ,
20 by ("Subcontractor") in favor of the City of Moab, a Utah
municipality ("City"), and ("Contractor"). Subcontractor
acknowledges receipt of the sum of $ , check number , in partial
satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract
between Contractor and Subcontractor in connection with the ,
project owned by the City and located at (address).
Upon receipt of the funds referenced herein, Subcontractor waives any and all rights
against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect
to the sums paid, or for labor, materials, or construction services provided through the date of this
release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and §
14-1-19, as amended. This release does not apply to labor, materials, or construction services
provided subsequent to the date referenced above.
By:
Subcontractor
Title:
2014 Crack Sealant Project CC-7
Agenda
Page 44 of 85
Resolution #26-2015
A RESOLUTION APPROVING A LEASE AMENDMENT NO. 2 TO CONTRACT NO. 06-0525, A LEASE
AGREEMENT WITH THE STATE OF UTAH, DIVISION OF FACILITIES CONSTRUCTION AND
MANAGEMENT FOR TENANT SPACE FOR AT THE MOAB CITY CENTER FOR THE DEPARTMENT OF
CORRECTIONS, DIVISION OF ADULT PROBATION AND PAROLE
Whereas, the governing body of the City of Moab desires to enter into an agreement with the
state of Utah, Division of Facilities Construction and Management for Tenant Space at the Moab
City Center for the Department of Corrections, Division of Adult Probation and Parole; and
Whereas, the Contract Amendment has been presented to this meeting of the City Council.
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE
CONTRACT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL,
AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of Moab City in open session this
23rd day of June, 2015.
Attest:
Rachel E. Stenta
City Recorder
CITY OF MOAB
By:
David L. Sakrison
Mayor
Resolution #26-2015
Agenda
Page 45 of 85
Page 1 of 1
DF9
STATE OF UTAH
LEASE OBLIGATION RECORD
Contract Number
06-0525
Amendment Number
2
Date Prepared
02/25/2015
DFCM Contact
Tom Shaw
Phone
801-538-3322
Fax
801-538-3267
Department
Corrections
Division
Adult Probation & Parole
Agency Contact
Jerry Jensen
Phone
801-557-1223
A. LAND AND BUILDING INFORMATION
1
Address
217 East Center Street, Suite 140
2
City
Moab, UT 84532-2431
County Grand
3
Type of Space
Office
4
Number ofFTE
5
5
Parking Spaces
Adequate
6
Square Feet
1,551
Changed From
N/C
7
Cost/Sq Ft/ Year
$13.13
Changed From
$12.87
8
Annual Rent
$18,678.00 (YEAR 1)
This % Inc/Dec
2% INCR
Monthly Rent
$1,698.00
9
Commencement Date
10/1/2008
10
Amendment Date
7/15/2015
Future Rate Change
N/C
11
Expiration Date
07/31/2020
Building Number
10466
12
ADDAG Compliance
Yes I X1 No I I Commodity Number 97145
13
Federal ID Number
Vendor Number
58062A
14
Utilities:
Heat X Lights X Water X Air Conditioning
X Custodial I X
B. OTHER LEASE INFORMATION
1
Lessor:
Moab City Corporation (Donna Metzler, City Manager 1-435-259-5121)
Address:
217 East Center Street
City:
Moab, UT
Zip Code
84532
Phone
435-259-5121
Fax
2
Periodic Pmts: $$1,698.00
Frequency:
Monthly
3
List of Fiscal Year lease payments below.
% of Discount
FISCAL YEAR
DISCOUNT AMOUNT
ANNUAL
PAYMENT
YEAR 1
July 15, 2015 — July 31, 2015
on Month)
$832
YEAR 1
August 1, 2015 — June 30, 2016
(11 Months)
$18,678.00
YEAR 2
July 1, 2016 — June 30, 2017
(12 Months)
$20,739.00
YEAR 3
July 1, 2017- June 30,2018
12 Months
$21,157.00
YEAR 4
July 1, 2018 — June 30, 2019
12 Months
$21,577.00
Agenda
Page 46 of 85
YEAR 5
July 1, 2019 — June 30, 2020
12 Months
22,008.00
YEAR 6
July 1, 2020 — July 31, 2020
1 Month
$1,837.00
TOTAL
$106,828.00
B OTHER LEASE INFORMATION
4
Contingencies that may change Rental Payments:
5
Terms of Renewal Options or Escalation Clauses:
Two five year renewal options with 180
day written notice..
6
Restrictions Imposed: None
7
Other Features: None
8
Does ownership transfer to the State when lease Terminates?
Yes
No
X
9
What is the estimated useful life of the leased assets?
Years
40 years
10
Does the lease contain a purchase option?
Yes
No
X
A: If Yes,
1. What is the date that the option may be exercised?
2. What is the amount of the purchase Option?
3. Is the option to purchase considered a
`Bargain' purchase?
Yes
No
Don't
Know
11
What is the Fair Value of the Asset at the inception of the lease:
(What would it have cost if you had purchased the asset instead of
leased it?
$1,500,000
12
What is the Imputed Interest Rate in the lease payment (if known)?
13
Are there any subleases:
Yes
No
X
A: If Yes,
1. What is the Sublease Period?
2. What is the total Sublease Amount?
3. Who is the Sublessee:
14
Can the lease be canceled by either lessor or lessee
for a reason other than non -appropriation or
legislative act?
Yes
X
Due to Judicial Intervention
and Damage or Destruction of
the Premises.
15
For Enterprise and Internal Service Funds Only:
Is the asset depreciated on your records:
Yes
j No 1
If yes, what method is used?
DIVISION OF FINANCEUSE ONLY:
Ownership transfers to Lessee?
Bargain Purchase?
Lease is 75% or more of the economic life of the asset?
Imputed Interest
Rate:
%
Present Value of Future Minimum Lease Payments
Present Value of Future Minimum Lease Payments is 90% of the fair value?
Capital Lease
Operating Lease Not Disclosable
Agenda
Page 47 of 85
STATE OF UTAH
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF FACILITIES CONSTRUCTION AND MANAGEMENT
CONTRACT NO.06-0525
AMENDMENT NO.2
TO BE ATTACHED TO AND MADE A PART OF the above numbered
contract by and between the CITY OF MOAB, hereinafter referred to as "LANDLORD",
and the STATE OF UTAH, DIVISION OF FACILITIES CONSTRUCTION AND
MANAGEMENT hereinafter referred to as the "TENANT" for the use of The Department
of Corrections, Division of Adult Probation and Parole, hereinafter referred to as the
"Occupying Agency".
WITNESSETH
THAT WHEREAS, LANDLORD and TENANT have heretofore entered into that
certain Lease Agreement (Contract No. 06-0525) for 1,551 square feet of office space in
the facility located at 217 East Center Street, Suite 140, Moab, Utah, which Lease
Agreement commenced July 15, 2005, and was partially amended by Amendments No. 1,
which Amendment No. 1 currently expires July 14, 2015; and
WHEREAS, LANDLORD and TENANT are mutually desirous to renew the
subject Lease Agreement for an additional five (5) years renewal or extended term; and
NOW THEREFORE, for and in consideration of the mutual covenants,
conditions, and agreements herein contained, and other good and valuable considerations, it
is covenanted and agreed between the parties that the aforesaid Lease Agreement be
modified and amended as follows:
PARAGRAPH 1. RENEWAL OR EXTENDED TERM
1.1 This Lease Agreement is hereby renewed and extended for an additional
term of five (5) years which term shall commence July 15, 2015, and shall expire July 31,
2020, and shall continue thereafter on a month -to -month rental basis, if option to renew is
not exercised by TENANT as provided for in Paragraph 2 of this Lease Amendment No. 2,
until terminated by either party by giving thirty (30) days advance written notice to the
other party.
PARAGRAPH 2. OPTION TO RENEW
2.1 Tenant is hereby granted two (2) five-year options to renew and extend the
term of the original Lease. All options to renew may be made in the sole discretion of the
Tenant and there is no representation that Tenant will exercise any option.
C:bwwridvpwixfashanM02577551060525 APP Moab AP) doc
al5/11/2015 Page 48 of 85
Agenda
2.2. A renewal option may be exercised by Tenant by sending written notice to
the Landlord, by U.S. Mail, or by email with a confirming response, indicating the
exercising of the renewal option, at least 120 calendar days prior to the date on which the
subject renewal option period would commence. The written notice shall be sent to the
last known physical address or email address made available to Tenant by Landlord in the
original Lease or as otherwise specified and delivered in writing to the Tenant by the
Landlord at least 180 calendar days before the subject renewal option period would
commence. If sent by email, a confirming email from the Landlord at least 120 calendar
days prior to the date on which the subject renewal period would commence, shall be
evidence that the email was properly sent.
2.3 The first renewal option, if exercised by Tenant, will commence August 1,
2020, and end on July 31, 2025. The monthly rent will be $1,929.00 per month
throughout this complete term.
2.4 The second renewal option, if exercised by Tenant, will commence August
1, 2025, and end on July 31, 2030. The monthly rent will be $2,025.00 per month
throughout this complete term. All other terms and conditions of the original Lease will
remain in full force and effect.
PARAGRAPH 3. CONSIDERATION
3.1 For the renewal or extended period beginning July 15, 2015, and ending
July 31, 2020, the sum of the annual base rentals shall be payable by the Occupying
Agency to LANDLORD for the 1,551 square feet of office space according to the
following table. The Occupying Agency shall pay such annual base rentals in twelve equal
monthly installments, each on the first day of every month each year during the term
hereof. If the day upon which the term of the Lease shall commence is other than the
Commencement Date above, then the rentals shall be apportioned accordingly.
Period Begins
Period Ends
Rent/SF/Yr
Monthly Rent
Annual Rent
15-Jul-2015
31-Jul-2015
$12.87
$832.00
$832.00
1-Aug-2015
31-Jul-2016
$13.13
$1,698.00
$20,376.00
1-Aug-2016
31-Jul-2017
$13.39
$1,731.00
$20,772.00
1-Aug-2017
31-Jul-2018
$13.66
$1,766.00 .
$21,192.00
1-Aug-2018
31-Jul-2019
$13.93
$1,801.00
$21,612.00
1-Aug-2019
31-Jul-2020
$14.21
$1,837.00
$22,044.00
Total
$106,828.00
Agenda
Page 29 of 85
All other covenants, terms and conditions of the subject Lease Agreement not
modified by this Lease Amendment No. 2 will remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto sign and cause this Lease Amendment
No. 2 to be executed.
TENANT
State of Utah
Lee Fairbourn
Real Estate and Debt Manag= Y
Division of Facilities Constratifon
and Management
Rollin Cook
Executive Director
Department of Corrections
Geri Miller -Fox
Director
Adult Probation and Parole
Department of Corrections
Date
ham., 6 /3 h s
#t., Gary Sessions Date
Manager
Budget and Accounting
Department of Corrections
APPROVED:
Utah Division of Finance
LANDLORD
Moab City
• David Sakrison
Mayor
ATTEST:
▪ • Rachel Stenta
▪ •
▪ • City Recorder
Date
Date
Agenda
Page 80 of 85
Agenda Summary
MOAB CITY COUNCIL MI=SING
PL-15-034
June 23, 2015
Agenda ltem
#: 7-8
Title: Approval of Council Resolution #25-2015 Approving an Improvements Agreement for the
Homewood Suites Project Located at 132 North Main Street
Staff Presenter(s): Jeff Reinhart, City Planner
Department: Planning and Zoning
Applicant: Justin Mabey of East VH Moab, LLC
Background/Summary:
The attached development agreement with Justin Mabey is necessary for the issuance of a building
permit. The project site plan was approved by the Planning Commission on March 12, 2015 and this
agreement will help make available adequate sanitary sewer conveyance due to the increase in
impacts to the system. The applicant will provide money in -lieu of construction and the funds will be
used when the 100 West project is undertaken.
Staff Recommendation: Staff recommends that the improvements agreement between the city and
the applicant for development of the sanitary sewer be approved.
Recommended Motion: I move to approve Resolution #25-2015, approving the Improvements
Agreement between the City and East VH Moab, LLC, as written for the Homewood Suites Hotel
project sanitary sewer improvements.
Attachment(s): Copy of Improvements Agreement
Copy of Council Resolution #25-2o15
p:\planning department \2015\correspondence \p1-15-34 cc homewood suites ss agreement.docx
l
Agenda
Page 51 of 85
CITY OF MOAB
RESOLUTION #25-2015
A RESOLUTION APPROVING THE IMPROVEMENTS AGREEMENT FOR THE HOMEWOOD
SUITES HOTEL AT 132 NORTH MAIN STREET INCLUDING ACCEPTANCE OF CASH -IN -LIEU FOR
THE CONSTRUCTION OF IMPROVEMENTS TO THE SANITARY SEWER CONVEYANCE SYSTEM
WHEREAS, Mr. Justin Mabey of East VH Moab, LLC, with offices at 1001 Cypress Creek Road, #203 Cedar
Park, TX 78613, as the "Owner" of record of a 1.49 acres parcel of land located in the C-3 (Central Commercial
Zone) at 132 North Main Street, Moab, Utah, has applied for the approval of a commercial site plan on said
property; and
WHEREAS, Owner is proposing to construct a 96 room Homewood Suites Hotel and parking as permitted in Moab
Municipal Code (MMC) Chapter 17.24; and
WHEREAS, Owner provided the City of Moab with the necessary documents, plans and drawings to complete the
application for review of the commercial site plan as required in Code Chapter 17.09.660; and
WHEREAS, the City of Moab Engineering and Public Works Departments, through a study of the sanitary sewer
system conveyance system, determined that the impacts of said hotel project on the sanitary sewer necessitated
mitigation; and
WHEREAS, Owner has voluntarily proposed that a cash -in -lieu of construction is a preferred means to proceed
with the development and will submit payment upon approval of Resolution #25-2015; and
WHEREAS, the Applicant provided the City with the necessary documents, plans, drawings and Improvements
Agreement to proceed with the approved project; and
NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #25-2015, hereby
approves the submitted Improvements Agreement for the Homewood Suites Hotel at 132 North Main Street and the
Council directs the Mayor to sign the Agreement.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab
City Council on June 23, 2015.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel Stenta, Recorder
Agenda
Page 52 of 85
IMPROVEMENTS AGREEMENT
The CITY OF MOAB, a Utah municipality (City), and East VI I Moab, LLC (Developer)
mutually referred to as the Parties, hereby enter into the following Improvements Agreement:
><. RECITALS.
A. City has exercised its zoning powers with respect to a land use project undertaken
by the Developer.
B. Developer intends to develop a hotel at 132 North Main Street, Moab, Utah,
currently referred to as the Uomewood Suites Project (the "Project").
C. Developer has submitted, and the City has approved. all construction plans and
specification for the Project.
D, The Parties have identified certain deficiencies in the l00 West sewer which
would be impacted by the Project, and which would ordinarily require that
Developer upgrade same in conjunction with its planned construction of the
Project.
E. The City plans to undertake additional upgrades of the 100 West sewer lines for
reasons unrelated to the Project, and the parties agree that a cash contribution by
Developer should be applied toward the cost of the 100 West Sewer Project,
which will encompass improvements which would otherwise be required by
Developer.
II, AGREEMENT
1. Incorporation of Recitals. This Agreement incorporates the Recitals above. For valuable
consideration, the receipt of which is hereby acknowledged, it is agreed as follows.
2. Covered Property. The Project is legally described in Exhibit A, attached.
3. Developer Deposit. In lieu of being required to upgrade the 100 West sewer adjacent to
the Project, the Developer agrees to pay, and the City agrees to accept the sum of twenty
thousand dollars ($20,000.00) from Developer (the Payment in Lieu). This sum will paid
contemporaneous with approval of the final Site Plan for the Project, but in any event no
later than thirty (30) days from the date of execution of this Agreement by all parties.
d. Application of Payment in Lieu. The City shall apply the Payment in Lieu towards the
following: replacement of one manhole and approximately two hundred fifty (250) feet of
eight inch (8") sanitary sewer within 100 West Street to the intersection with Walnut
Lane. The work shall be undertaken by the City without further cost to the Developer.
The timing and conduct of the construction shall be at the discretion of the City.
5. Approval. Upon receipt of the Payment in Lieu the City shall be deemed to have
approved all plans and specifications for the Project and Developer shall be authorized to
commence construction of the Project in accordance with the submitted plans and
specifications.
1�
Page 53 of 85
Page Z of 3
6, Other Obligations. Nothing in this Agreement shall be deemed to abrogate Developer's
obligation to pay applicable impact fees, connection fees, building permit, or other
similar fees which may apply at later stages of the Project.
7. General Provisions. This Agreement shall be binding on and inure to the benefit of the
successors and assigns of Developer in the ownership or development of all or any
portion of the Project or the Covered Property. Prior to assigning any .or all of his rights
and duties under this Agreement Developer shall obtain from any transferee a written
assumption acknowledging and agreeing to be bound by this Agreement.
(a)
This Agreement is the product of mutual bargaining. All terms shall be
construed in accordance with their plain meaning, regardless of the extent to
which either party participated in the drafting.
(b) Failure of a party to exercise any right under this Agreement shall not be deemed
a waiver of any such right, nor shall any course of dealing or previous action or
inaction be deemed a waiver of any rights or claims arising with respect to later
or subsequent breaches, acts or omissions.
(c) The term "Agreement" includes this Improvements Agreement, and all related
design drawings, which documents shall constitute the sole and complete
Agreement between the parties. The Agreement shall supersede all prior
Agreements or representations, however evidenced, pertaining to the matters
covered herein. No modifications to any of the terms of this Agreement shall be
binding, unless reduced to writing and lawfully executed by both parties.
(d) The place of performance of this Agreement is Grand County, Utah. In the event
of any legal dispute concerning the subjects of this Agreement, the parties
stipulate to venue in the Seventh Judicial District Court, Grand County, Utah_ In
any such proceeding the parties waive trial to a jury on all claims and agree that
the action shall be tried to the court.
(e) In any legal proceeding concerning, the terms of this Agreement the substantially
prevailing party shall be entitled to recover its reasonable attorney fees and court
costs in addition to any other relief authorized herein.
(f) This Agreement shall be governed by Utah law.
(g) This Agreement does not create any third party beneficiary rights. It is
specifically understood by the parties that;
(i) the Project is a private development;
(ii) the City of Moab has no interest in, responsibilities for, or duty to third
parties concerning the Project, unless otherwise provided in this
Agreement;
(iii) except as otherwise provided herein, Developer shall have full power and
exclusive control of the Covered Property.
(h) The provisions of this Agreement are severable, and if any portion should be held
to be void or unenforceable, then the remainder of this Agreement shall be
construed to be in full force without reference to the invalid provision.
In the event of any legal dispute concerning this Agreement neither party shall be
liable to the other for consequential damages, lost profits, or delay related
(i)
Page 54 of 85
Page 3 of 3
damages of any kind.
(j) All notices under this Agreement shall be given in writing by first class or
certified mail, postage prepaid, and delivered to the following addresses:
To the City of Moab:
City of Moab
217 Fast Center Street
Moab, Utah 84532
Attn: City Manager
To Developer:
East VH Moab, LLC
Cyprus Creek Road, !#203
Cedar Park Texas 78613
Attn: Justin Mabey.
(k) Notice may be delivered to such other parties or addresses as the parties may
designate in writing from time to time.
(1) All parties acknowledge that this is a fully valid and binding agreement, entered
into after having obtained all necessary authority.
Approved and accepted on the date(s) set forth below.
CITY OF MOAB:
Mayor David L. Sakrison Date
ATTEST:
Rachel Stenta
City Recorder
Attachment:
Exhibit A, Covered Property Description
Date
�c- f g-15
Date
Page 55 of 85
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ORDINANCE #2015-07
AN ORDINANCE AMENDING THE ZONING FROM R-2 TO C-4 ON A PORTION OF THE WANG
ORGANIZATION, LTD. PROPERTY LOCATED AT 889 NORTH MAIN STREET AND
AMENDING THE CITY OF MOAB OFFICIAL ZONE MAP
WHEREAS, Ms. Christina Sloan, Esq., with offices at 76 South Main Street, Moab, Utah 84532, as the
representative for the Wang Organization, Ltd., the Owner of Record, with offices at 168 East Center
Street, Moab, Utah 84532, has applied to rezone an approximate 3.1-acre portion of the property owned
by the Wang Organization, Ltd, and located at 889 North Main Street, Moab, Utah; and
WHEREAS, through no action of the Wang Corporation, the property was split zoned with the
commercial zoning extending south into the parcel a distance of approximately twenty-five feet; and
WHEREAS, Owner wishes to amend the zoning of the subject property from R-2, Single Family and
Two Family Residential Zone, to C-4, General Commercial Zone; and
WHEREAS, Owner is requesting a change in zoning for the property as logical and justifiable; and
WHEREAS, the Planning Commission ("Commission") held a duly advertised public hearing on May 14,
2015 to receive comment and determine the appropriateness of the proposed Map Amendment; and
WHEREAS, the Commission reviewed the character, objectives, and Use Regulations of the R-2 and C-4
zones and discussed the suitability of the C-4 application to the subject property in accordance with Code
Section 17.04.060, Map amendment approval criteria, could not reach a consensus; and
WHEREAS, subsequently, the Commission voted on a motion to send the application to Council with a
recommendation to deny but the motion died due to a 2-2 tie vote and no recommendation is being offered
by the Commission; and
WHEREAS, Council, in a public meeting held on June 23, 2015 voted to approve the request and found
that the request complies with the criteria in Chapter 17.04 and determined that the change in zoning was
in agreement with the Moab Municipal Code and found that the review standards in Moab Municipal
Code chapter 17.04.060, Map amendment approval criteria, have been met as follows:
A. Changes in the area have occurred including new growth trends and a need for development
transitions,
B. The proposed zoning classification is compatible with the majority of surrounding uses and
any impacts from development can be mitigated,
C. Adequate facilities are available to serve the type and scope of development suggested by the
proposed zoning classification,
D. The residential uses to the west and south will be buffered from the commercial development,
E. The application conforms to provisions of the Moab general plan and the Land Use Code; and
NOW, THEREFORE, BE IT ORDINAINED by the City of Moab, that effective upon the signing of this
Ordinance, the rezoning request for 889 North Main Street as submitted by the Wang Organization, Ltd.,
is hereby approved and Council directs staff to amend the Official Zoning Map for the City of Moab.
Passed and adopted by action of the Governing Body of the City of Moab in open session this day
of , 2015.
Ordinance #2015-07
City of Moab
Page 1 of 2
Page 57 of 85
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Mayor David L. Sakrison
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City Recorder
Ordinance #2015-07 Page 2 of 2
Page 58 of 85
MOAB CITY COUNCIL MEETING
�JUNE 23, 2015�
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` MOAB
PL-15-29
Agenda item.
#: 7-9
Title: Consideration of Ordinance #2o15-o7 Approving a Zoning Map Amendment for Property
Located at 889 North Main Street from R-2 to C-4 as Referred to Council by the Planning and
Zoning Commission
Staff Presenter(s): Jeff Reinhart
Department: Planning and Zoning
Applicant: Christina Sloan, Attorney, acting for the Wang Organization, Ltd
Background/Summary:
The applicant has requested a zoning amendment for a 3.1 acre portion of the property located at
889 North Main Street. This parcel is situated south of the Super 8 Motel lot and consists of 4.4 acres.
Currently, the property is split zoned between R-2 (Single Family and Two Family Residential) and C-4
(General Commercial). The C-4 commercial zoning extends approximately 25 feet into the subject
parcel.
In accordance with the comments from the city council, the applicant is proposing to set aside the
westernmost 1.3 acres of the parcel to provide a buffer for the residential uses adjacent to and on the
west side of 50-70 feet of the 500 West Street right-of-way. The 1.3 acres will be used for residential
development at a later date. All of the property is currently undeveloped and, in spite of the
residential zoning, the entire parcel has been classified and taxed as "commercial" by the county for
over two decades.
The attached narrative from the applicant addresses the review criteria from MMC 17.04, Zoning Map
Amendments and Text Amendments, for rezoning of the property.
On May 14, 2015, the Planning and Zoning Commission held a public hearing on the zone amendment
application to hear comments from the public. Subsequent to the hearing, the commission held a
vote to send the application with an unfavorable recommendation to council. The 2-2 vote killed the
action. Two of the commissioners felt that the findings in the draft Planning Resolution #05-2015
were correct:
1
A. The existing zone for the property was adopted in error,
B. Changes in the area have occurred including new growth trends and a need for development transitions,
C. The proposed zoning classification is compatible with the majority of surrounding uses and any impacts
from development can be mitigated,
D. Adequate facilities are available to serve the type and scope of development suggested by the proposed
zoning classification,
E. The residential uses to the west will be buffered from the commercial development, and
F. The application conforms to provisions of the Moab General Plan and the Land Use Code
One felt that the zoning was not adopted in error; that the changes on Main Street were too far
Page 59 of 85
Page z of 3
Moab City Council
PL-i5-z9
Wang Organization, Ltd.
Zoning Map Amendment
Rz to C4
889 North Main Street
June 23, 2015
removed from the property; and the proposed zoning classification was compatible with some, but
not a majority, of the surrounding uses. The fourth commissioner felt that the need for "affordable
housing" outweighed any of the arguments of the applicant.
Six citizens, representing 5 households, spoke at the meeting. One was in favor, one did not care one
way or the other, and the remaining speakers were opposed. Several letters in support and some in
opposition to the application were received and they are included for your review. Some of the
comments and concerns are addressed in the attached technical review.
Options:
Council can:
1. Vote to establish a date and time for a public hearing;
2. Adopt Ordinance #2015-07 and approve the zone change and amend the Official Zoning
map,
3. Vote to not adopt Ordinance #2015-07, stating the reasons, and deny the zone change;
4. Table the application until a later date and request additional information.
Staff Recommendation: Based on the comments of Council to establish a buffer and the willingness
of the applicant to address the issues, staff recommends approval of the application to rezone the
subject parcel to C-4.
Possible Motion: I move to adopt Ordinance #2015-07 approving the request for a change in the
zoning of the property located at 889 North Main Street from R-2 to C-4.
Attachment(s): Draft Ordinance #2015-07
Narrative
Supporting Documents
Aerial with Zoning
Location and Zoning Map
Pictures
MMC Section 17.04, Zoning Map Amendments and Text Amendments
Technical Review
Letters received from residents
Update:
Based on the comments from the residents attending the planning commission meeting, the property
owner has taken the following steps:
Page 60 of 85
Page 3 of 3
Moab City Council
PL-i5-29
Wang Organization, Ltd.
Zoning Map Amendment
R2 to C4
889 North Main Street
June 23, 2025
1. The first phase of clean-up of the property was completed June 12 by Moab Landscape
Maintenance. Weeds were hand -pulled and 30 cubic yards of debris was hauled away. A second
clean-up is planned for August.
2. Three signs were installed on Friday, June 12 at the entrance off Main Street into the
vacant lot and a second entrance to the south was barricaded with a "Do Not Enter" sign and a row of
rocks. "No Camping and No Trespassing" signs with "Parking for Super 8 Motel Guests Only" were
installed directly west of where the entrance pavement ends. (See attached pictures.)
3. The Super 8 Motel management has been directed to not allow any public use of this lot
except overflow parking.
4. The Wang Organization is researching the best downcast lighting for the south and west
sides of the Super 8 Motel. These should be installed this summer — or at the time the facilities
expansion is built at the latest (since the same downcast lighting will be installed on the facilities
expansion once approved/built).
p:\planning department \2015\correspondence \p1-15-29 cc wang rezone no 2.docx
Page 61 of 85
City of Moab
Planning Department
Interoffice Correspondence
PL-15-30
TECHNICAL REVIEW MEMORANDUM
Request to Rezone Property Located at 889 North Main Street
For Presentation: June 23, 2015, Meeting of the Moab City Council
Date Prepared: June 16, 2015
Prepared By: Jeff Reinhart, Planner
Subdivision: N/A
Name and Address of the Owner(s) of Record:
Wang Organization, Ltd.
168 East Center Street
Moab, Utah 84532
Name and Address of Representatives:
Christina Sloan, Esq.
76 South Main Street
Moab, Utah 84532
Summary of Significant Issues
1. The City Council must determine if the application to rezone is compatible with the surrounding
zoning and if adequate measures are proposed to mitigate any readily identifiable impacts.
2. The City Council must determine if the proposed lodging accessory uses agree with the surrounding
uses and aspects of the General Plan.
3. The City Council must evaluate the impacts of traffic from the proposed commercial and residential
development on existing streets.
Base Information
Size and Location:
The property is 4.4 acres in size and is located south of the Super 8, adjacent to and east of 500 West
Street, adjacent to and west of North Main Street and is 135 feet north of Marcus Court. The
surrounding land uses include the Super 8 Hotel, Denny's, Raven's Rim Zip Line, Riverside Inn, and
Sunset Grill. Except for the frontage of one residential lot that is adjacent to Main Street, but fronts on
the cul-de-sac in Marcus Court, the property is adjacent to the C-4 Zone and in close proximity to the C-1
commercial zone to the southeast. Single-family residential uses in an R-2 Zone are adjacent to the
property along the south boundary. These dwellings are currently buffered by a Moab Irrigation
Company easement of about twenty feet and a row of trees that was planted by the applicant quite
some time ago. Residential uses, also in the R-2 Zone, are located to the west across the 50-70 foot
right-of-way width of 500 West.
Page 62 of 85
P&Z - TECHNICAL REVIEW
Wang Organization, Ltd.
Zoning Amendment
June 16, 2015
PL-15-30
Page 2
Legal Description for the 4.4 acre parcel:
Beginning at a point 39.8 feet East of the W4Corner of Section 36, Township 25 South, Range 21 East,
Salt Lake Meridian; Running thence North 0°43' East 181.8 feet; thence North 90° 56'30" East 588.6 feet
to Highway Right of Way; thence South 44°05' East 372.8 feet the Northeast Corner of Lot 8, Block B,
UTEX SUBDIVISION, Plat "A" (before amendment); thence South 89°56'30" West 847.997 feet; thence
North 0°43' East 86.07 feet to the place of beginning.
Proposed Uses and Present Zoning:
The property is currently undeveloped and the proposed use is for an expansion of the Super 8
amenities that include a breakfast area, a fitness area, and conference facilities. These facilities were
shown on the concept plan submitted with the previous application in March 2015. However, a new
concept plan has not been submitted due to the proposed boundary line adjustment. The majority of
the property is zoned R-2 but has a C-4 overlap along the northern boundary of 20-25, effectively a split
zone.
The applicant is proposing a boundary line adjustment to create a 1.34 acre R-2 residential buffer
between the commercial property and the residential uses that are 50-70 feet across the 500 West
Street right-of-way. This will be developed at a later date and not necessarily by the Applicant.
Review of Submittal Requirements
The applicant has submitted the required documents as established in 17.04.040, Application for zoning
map amendment or text amendment, and listed below:
1. The name, address, and telephone number of the applicant;
2. A description of the requested change or amendment and a description of the property to be
affected by such request by a metes and bounds legal description;
3. A title certificate or report from a licensed title company or attorney listing the name of the
property owner(s) and all liens, easements, judgments, and encumbrances of record that affect the title
to the subject property;
4. A statement from the county treasurer showing payment in full of all real property taxes due on
such parcel;
5. A boundary survey of the land area to be rezoned, which shall include a depiction of existing zoning
district boundaries, real property boundaries, existing structures, and public roads existing within three
hundred feet in all directions of the subject property boundary;
6. A list of surrounding property owners and their legal mailing addresses for all properties within
three hundred feet of the exterior boundary of the parcel proposed for a zoning map amendment;
7. A statement by the applicant explaining the rationale for the zoning request relative to the
standards imposed by this chapter;
8. A filing fee in accordance with the fee schedule adopted by resolution of the city council; and
9. A narrative or concept plan describing why this property is suited for the intended purposes and
stating what development and/or construction is planned by the applicant.
Agency Comments
Page 63 of 85
P&Z - TECHNICAL REVIEW PL-15-30
Wang Organization, Ltd.
Zoning Amendment
June 16, 2015 Page 3
The city did not receive comments from utility providers or agencies outside of the city but the applicant
contacted Moab Irrigation Company (MIC) about the pipeline through the south edge of the property.
MIC required that the property owner grant them an easement for their line that is extended near the
southern boundary of the property.
Compliance with Review Criteria
The City Council is required to consider the criteria in Moab Municipal Code (MMC) section
17.04.050 Map amendment policy declaration, when reviewing a zoning map amendment. The
declaration follows:
"Zoning map amendments shall only be approved if the applicant establishes that one or more of the
following standards apply to the subject real property:
A. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the
policies and goals of the city's General Plan.
B. The area for which a map amendment is requested has changed or is changing to such a
degree that it is in the public interest to encourage a redevelopment of the area.
C. The proposed map amendment is necessary in order to provide land for a use which was
not anticipated at the time of the adoption of the city's General Plan, and that such change will be
consistent with the policies and goals of the Plan. Special consideration shall be given to existing
conditions on and around the area in question, including the changing nature of the area, land uses,
densities, and the height and scale of both existing and proposed structures. (Ord. 08-03 (part), 2008)
MMC 17.04.060, Map amendment approval criteria, contains the elements that council shall consider in
reviewing a proposed map amendment:
A. Was the existing zone for the property adopted in error?
Similar to "A" above, this question has been argued both ways in both public hearings. It can be
argued that in 1954, shortly after Steen's big uranium find, when the area was zoned residential
it was the correct application. The city extended little beyond the boundaries of the original
townsite, the highway was a two-lane road at the time, and the population was only beginning
to swell above 1,300 residents with additional uranium prospectors and their families. However,
it is highly unlikely that few imagined the potential of Moab to become such a well-known star
on the national and international tourism stages. Even under current R2 zoning, the
circumstances will not allow development of attainable housing unless it is heavily subsidized.
The value of the property, if it were to be sold, and the development costs, coupled with the R-2
limit to 2 units per lot, will not lend the property to any affordable housing but could be upper
end dwellings that would stretch from Main Street to 500 West. To subdivide beyond the
immediate adjacency to Main and 500 West Streets will require an additional street. The
dedication of right-of-way, fifty feet in width, will consume approximately 25% of the property
reducing the availability of home sites. So the big question is what type of development will
actually work for this property if commercial development, as an extension of the existing hotel,
is unacceptable.
Page 64 of 85
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Wang Organization, Ltd.
Zoning Amendment
June 16, 2015
PL-15-30
Page 4
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?
The development of additional properties on the east side of Main Street across from the
subject property includes Raven's Rim Zip Line and public facilities include the concrete bike
trail. More development in the area is proposed for the near future as the pressure builds to
provide lodgings for increasing numbers of visitors.
C. Is there a need for the proposed zoning within the area or community?
There may not be a need for additional C-4 but conference facilities would be a welcome
addition. The other amenities will serve the hotel and be enjoyed by the guests. The change in
the zone would be a logical amendment and provide continued successful development on
North Main Street.
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?
The change in the zoning is compatible with the existing surrounding uses on the north and east
sides. Adverse impacts can be minimized and some effort has already been made by the
property owner with the row of trees planted along the southern boundary. Unfortunately, the
trees are not evergreens and lighting was brought up in the planning commission public hearing
as being a problem for the southern neighbors. The Super 8 was constructed prior to the
adoption of the site plan regulations in MMC 17.09.660 and 17.09.665 that established that a
lighting plan must be submitted with the type of lighting consisting of "...a full cutoff, fully
shielded, downward directed type of light. Internal or external shielding may be used to
prevent glare toward other properties or into the roadway." (MMC 17.09.660 H) Wall mounted
flood lights that direct outward toward other properties and roadways are now prohibited.
Other requirements of the site plan regulations will be helpful in mitigating impacts for any new
development on the property.
E. Will benefits be derived by the community or area by granting the proposed zoning?
The benefit to the community is that retail sales elsewhere in the city made to guests using the
facilities will generate revenue for restaurants and other local businesses. The benefits to the
immediate area will be less impact from unauthorized uses on the property during events due
to an increased managerial presence and control of the property. Weed and dust were also
mentioned as problems for residential neighbors. As it stands now, the area to the south of the
property is somewhat a "backyard" to the Super 8. However, during the past couple of years the
city has seen a greater effort by the owner to manage the weeds and debris on the property but
regular inspection is necessary.
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?
Utilities are available for the proposed uses on this property.
G. Does the application conform with the provisions of the Moab General Plan, the Land Use Code,
and applicable agreements with affected governmental entities?
Page 65 of 85
P&Z - TECHNICAL REVIEW
Wang Organization, Ltd.
Zoning Amendment
June 16, 2015
PL-15-30
Page 5
The application has met the submittal requirements of MMC Title 17, Zoning. The applicant has
also presented a narrative that addresses the requirement of applying the General Plan to the
application and supports the zone amendment with specific sections of the Plan.
The Utah Department of Transportation (UDOT access permit manager will need to be
consulted as to the adequacy of the drive access for any development on the property. This is all
part of the site plan review process, a separate application process at the Planning Commission.
Known Existing Impacts
1. Glare. This was discussed in the public hearing and is more of a development issue than zoning.
As mentioned above, when the Super 8 was constructed the lighting restrictions were not in
place. However, because this was brought to the attention of the owner, steps are now being
taken to address the issue of glare and light encroachment onto other properties.
2. Noise and dust. A mother remarked that the noisy partying, drinking, and cussing was upsetting
because small children reside in her home on Marcus Court. She explained that she had called
the police about the noise on occasion but had not received any satisfaction. A couple who lives
on Marcus Court expressed their concerns about the noise and also had issues with the drinking,
urinating, and cussing by the revelers. They had not notified the police or the hotel in the past
but reported that they had spoken with police about issues occurring the weekend of the car
show.
3. Traffic on 500 West. One speaker had issues with semi -trucks parking on 500 West and felt that
additional access to the street by commercial development would change the character of the
street. Traffic has increased on this collector street and will continue to do so because of
residential and commercial infill.
4. Heat. One resident said that her front yard (that faces west) is 20 degrees hotter than her
backyard. She stated that it is because of the reflection of the sun off of the hotel's wall along
500 West.
Zone Comparison
The following table is a listing of the uses in the R-2, C-1, C-2, and C-4
R-2
C-1
C-2
C-4
One and two-family
dwellings
One and two-family dwellings
One and two-family dwellings
Dwellings -CUP
Accessory uses
Office buildings
Office buildings
Office buildings
Clinics
Clinics
Public buildings and parks
Funeral establishments
Funeral establishments
Funeral establishments
Churches
Churches
Churches
Churches
Recreation buildings
Gymnasium
Gymnasium
Gymnasium
Page 66 of 85
P&Z - TECHNICAL REVIEW
Wang Organization, Ltd.
Zoning Amendment
June 16, 2015
PL-15-30
Page 6
Agriculture
Agriculture/pasture
Retail/wholesale >3,000 sqft
Retail/wholesale >3,000 sqft
Retail establishments
Temporary buildings for
construction projects
B&Bs
Testing labs
Home occupations
Home occupations
Home occupations
Home occupations
Day care centers
Schools
Schools
Schools
Secondary dwellings
Hospitals
Hospitals
Hospitals
Other public facilities -CUP
Public buildings
Public buildings
Public buildings
Parks
Parks
Day Care
Day care
Rest homes
Rest homes
Research establishments
Banks
River running companies
Warehouses
Assembly of appliances
Assembly of appliances
Service enterprises
Service establishments
Apartments
Apartments -CUP
Fraternity
organizations/lodges
Fraternity
organizations/lodges
Eating establishments>2,000
sqft
Eating establishments
Commercial parking lots
Commercial parking lots
Green houses/nurseries
Farm equipment sales
Lodging establishments >ten
units
Lodging establishment
Pet shops
Manufactured home sales -
CUP
Veterinary clinics
Taxidermy shops
Taxidermy shops
Electrical appliance shops-
wholesale
Electrical appliance shops
Plumbing shops
Plumbing shops
Carpentry shop
Carpentry shops
Hardware stores
Hardware stores
Stone and monument sales
stone and monument sales
Service stations
Auto body shops
Car sales
Engraving/printing
Engraving/printing
Employee housing
Wholesale sales
Trucking company -CUP
Manufacturing
RV courts
Garages
CUP- Conditional Use Permit
Page 67 of 85
Wang Organization Rezone
Letters of Support, Summary
FROM THE NEIGHBORHOOD:
1. Evan Clapper , 630 Palisade Drive, dated May 11, 2015
2. Ken Moody, 390 Marcus Court, dated May 11, 2015
3. Ryan Barnum, 408 Marcus Court, dated May 11, 2015
4. Mike and Kelly Shumway, Marcus Court/McGill Avenue/500 West, dated May 11, 2015
5. Dave and Jana Knowles, Andrea Court, dated May 11, 2015
6. Pat and Pete Byrd, 850 Byrd Avenue, dated May 27, 2015
7. Devran Cengiz, 395 Marcus Court, dated May 28, 2015
8. Tiffany Tibbetts Gill, James Gill, and Marilyn Tibbetts, 347 and 371 Marcus Court, dated
June 1, 2015
FROM THE COMMUNITY:
9. Joe Kingsley, dated May 5, 2015
10. Danette Johnson, dated May 7, 2015
11. Susie Taylor, dated June 12, 2015
12. Karen Green, dated June 12, 2015
13. Curtis King, dated June 15, 2015
14. Dr. Michael Duehrssen, dated June 15, 2015
15. Helen Knight, dated June 16, 2015
16. Brian Ballard, dated June 17, 2015
Page 68 of 85
dma
International, Inc,
Box 189
Moab, Utah 84532
Moab City Council
217 East Center Street
Moab, UT 84532
RE: Zone Change for Super 8 Motel
Dear City Council,
1-800-842-6622
(435) 259-5693
Cell (435) 260-1824
Fax (435)259-5930
May 5, 7015
I strongly recommend adoption of this zone change request by the Wang Organization for the following
reasons:
1. This property has been effectively a commercial property for decades
2. When the property was sold it was sold as a commercial property and there is a high probability that
an error was made in the recordation in that it was sold and accepted as a commercial property.
3. All traffic from the commercial property will be funneled to Highway 191 minimizing impact on the
community and 500 West.
4. Insisting on the residential use of any of this land is increasing conflicts between residential and
commercial activities.
5. All the neighbors in this area have accepted the fact that this property has been commercial since
1977.
6. All of the property to the north and east was zoned C4 in 1978 and by accident the residential partial
was not included in the rezoning of the parcel.
I strongly advocate affordable housing and recognize the need for monthly rentals. But prolonging or
replicating errors made in the past does not solve this problem. Therefore, [ strongly recommend the
original request, but this compromise shows that the Wang Organization wants to work with the City of
Moab; therefore please approve this compromise.
Thank you for your consideration on this request of this rezoning compromise.
Sincerely,
Joe Kingsley
President
SUBSIDIARIES: Glo Germ CompanyTm
La Sal Escrow Company
Castle Valley River Ranchos
Sore No More"n"
Avalanche Rescue System
Page 69 of 85
May 7, 2015
City of Moab
217 E. Center Street
Moab, UT 84532
Re. Support for the Wang Organization Rezone Application
Planning Commission and City Council:
Please accept this letter as support for the revised rezone application submitted by the
Wang Organization, Ltd. on April 24, 2015. The new configuration makes sense. The R-2
zoning will protect the residences to the south and west, but the highest and best use of the
eastern half of the property is commercial.
I write to you as a realtor and property manager who has lived and worked in Grand
County for over 20 years. I both list and show homes in the neighborhoods surrounding the
Super 8 Motel consistently, if not on a weekly basis. I support protecting the existing
neighborhoods to the south and west. However, I do not think the entire parcel needs to be
or should be developed as residential land.
First, land along the highway is best used for commercial purposes. Second, while
increasing our housing stock is important, there are approximately 20 houses under
$250,000 on the market right now. Under the City's Code, the current proposal will allow
approximately 18 two-family dwellings (for a total of 9 duplexes) to be built on the eastern
portion of the property, which would be a significant development and increase in our
housing options.
I appreciated the City carefully reviewing all rezone proposals, but this one makes sense
given the recent development to the north and need for a transition between the C-4 zoning
to the north and east and residential development to the south and west.
I urge the City to support the Wang Organization's revised rezone request.
Sincerely,
Danette Johnson
Moab, Utah
(435) 260-0130
Page 70 of 85
May 11, 2015
Jeff Reinhart
Sommar Johnson
City of Moab
217 E. Center Street
Moab, UT 84532
VIA EMAIL
Re. Letter of Support - Wang Organization Revised Rezone Request
To Jeff and Sommar, and the City of Moab:
I live just to the west of the Super 8 Motel on Palisade, and I support the revised rezone request
submitted by the Wang Organization that preserves residential land to the west and rezones
the land to the east along the highway C-4.
First, the commercial use is anticipated. I think most folks in the neighborhood considered that
parcel as commercially zoned; or, if they knew it was R-2, they assumed commercial use was
inevitable given the location and frontage along Main Street. l also think that seasonal
commercial use creates less noise and traffic on the neighborhood than most types of
residential development that would occur on this property.
Second, the property is a long narrow piece located between 500 West and Main Street. While
some residential development is good, I don't think the property size or location lends itself to
natural residential development. And, with the USU campus in the works, I think future
housing demand will likely be to the south anyway.
The Applicant has promised to donate a trail easement along the southern boundary of the
vacant parcel, and I plan to use this trail segment. I believe the width of 500 West, the 215' of
R-2 zoning from west to east, and the 10' setback between commercial and residential
development protects the neighborhoods to the West. And, I think the width of the trail
easement, North Ditch 1, RMP powerlines and the existing row of trees is a sufficient buffer to
protect the neighborhoods to the south.
Thank you for your consideration,
Evan Clapper
630 Palisade Drive
Moab, Utah 84532
Page 71 of 85
Ryan Barnum
408 Marcus Court
Moab, Utah 84532
May 11, 2015
City of Moab
217 E. Center Street
Moab, UT 84532
Re. Support for the Wang Organization Rezone Application
City of Moab:
Please accept this letter of support for the revised rezone application submitted
by Wang Organization, Ltd. for its vacant property just north of my house. I live
on the north side of Marcus Court, adjacent to this property.
I like the revised request as it preserves some residential land and use, but
allows commercial development where it is anticipated along the highway. In
addition, like many of my neighbors, I think that a seasonal commercial use like
a motel will lead to less impact, noise, and traffic on my property than
residential use.
I believe the width of the North Ditch 1 easement, RMP poweriines and the
existing row of trees is a sufficient buffer to protect my property from
development to the north, but I request that the Applicant and/or Moab
Irrigation Company take steps to clean up and reduce weeds within the
easement area.
I prefer that the Applicant not donate a trail easement along the North Ditch 1
as this impacts my privacy and increases the number of vagrants already
hanging out in this area. If the City and Applicant pursue the trail easement,
hope they will do so only after building an attractive, sandstone -colored
concrete wall between Marcus Court and the easement to keep out vagrants and
weeds and protect our privacy.
Overall, supporting the revised rezone request makes good planning sense.
Please vote to approve it.
Sincerely,
Ryan Barnum
Page 72 of 85
Ken Moody
390 Marcus Court
Moab, Utah 84532
May 11, 2015
City of Moab
217 E. Center Street
Moab, UT 84532
Re. Leiter of Support for the 889 N. Main Street Rezone Application
City of Moab:
I support the revised rezone application submitted by Wang Organization, Ltd. for its
vacant property just north of my house on Marcus Court, adjacent to this property.
I support the revised request for a few reasons:
1. Commercial development is anticipated and reasonable along the highway.
2. I think that a seasonal commercial use like a motel will lead to less impact than
two-family residential use on the entire parcel. Although I'd prefer to see single
family residences on nice spacious lots with lots of trees, I know that such use is
unlikely given the location between our two biggest roads in town. As I
understand, the full residential potential of the property is approximately 62 two-
family dwelling units. Each of those will likely have 2-4 people living in each unit
with 2 or 3 vehicles. I think the noise, light, and traffic impact will be worse under
such a residential scenario than commercial — and I don't think the aesthetic
impact of 62 units is preferable over the proposed Super 8 Motel facilities
expansion or future motel/hotel use_
3. The width of the proposed trail easement, the North Ditch 1, RMP powerlines and
the existing row of trees creates a buffer between Marcus Court and the Super 8
Motel. I also understand that the City can request additional landscaping and/or a
fence to be added to this width at the site plan stage for commercial development
to further protect our privacy on Marcus Court.
4. The revised rezone request makes good planning sense. It creates a buffer
between the C-4 zoning to the north/east, and the residential zoning to the
southlwest (which is not consistent and includes some commercial use already).
I encourage the City to vote to approve it.
Si. erely,
I/ Y>14
ken woody
/)
f
L.
Page 73 of 85
May 11, 2015
City of Moab
217 E. Center Street
Moab, UT 84532
Re. Wang Organization Revised Rezone Application -- Letter of Support
City of Moab:
Please accept this letter of support for the revised rezone application submitted by
Wang Organization, Ltd. for its property just south of the Super 8 Motel. We live on
McGill, sold a house on Marcus Court in May of 2015, to the South, and own additional
property on 500 West.
During the public hearing on the original rezone request for this property in March, both
the Applicant and Planning Commission Member Wayne Hoskisson stated that they
talked to folks in the surrounding neighborhoods who would rather see this property
developed for commercial use rather than residential use. I am one such neighbor.
We always assumed this property was zoned commercial, given its location.
Commercial use seems both reasonable and inevitable given the frontage onto Highway
191 and shared boundary with the Super 8 Motel. We believe all land along Highway
191 should be zoned commercial — to both maximize the highest and best use of these
properties, but also to create orderly growth patterns in town. Residential use along
Main Street does not benefit the City or its residents and will lead to conflict in use.
I appreciate the Applicant revising its request to help provide a thoughtful transition
between the existingneighborhoods to the south and west, like mine, and the C-4
development to the north and east.I urge the City to support the remised rezone request.
Sincerely,
Mi e a d elly S m. y
Marcus Court/Mc I Ave1500West
Moab, Utah 84532
Page 74 of 85
01/03/2008 06:06 8155729082
LOST RIVER PAGE 01
May 11, 2015
City of Moab
217 E. Center Street
Moab, UT 84532
Re, ,Support for the Wang Organization Rezone Application
Moab Planning Commission and City Council:
We own property to the south of the Wang Organization's property located at 889 N. Main
Street and known as the Super 8 Motel on Andrea Court. We are writing to express support for
the revised rezone proposal which requests rezoning only the 3.01 acres to the east on Main
Street as commercial.
We are also local business owners, and as such, we support commercial development in this
location as natural and complimentary to existing planning along Highway 191, In addition, we
support local businesses upgrading and expanding their facilities, and this rezone trust pass
before the Super 8 Motel can add breakfast, conference, and exercise roam amenities to the
existing hotel. Let's not build more motels on 191; let's help the existing ones we have stay
competitive.
We also Relieve commercial development on a portion of property will impact the
neighborhood less than likely residential development proposals on the property in terms of
traffic and noise given the seasonal nature of Moab's tourist seasons.
I urge the City to support local business owners and this revised rezone request.
Thank you,
avid and Jana Knowles
Andrea Court
Moab, Utah 84532
Page 75 of 85
May 27, 2015
City Council
City of Moab
217 E. Center Street
Moab, UT 84532
Re. Support for the Wang Organization Rezone Application
Dear City Council:
We are writing to express our support for the revised rezone application submitted by
Wang Organization for vacant property just south of the Super 8 Motel. We support the rezone
request because it is reasonable, anticipated, and promotes the highest and best use of the entire
property by retaining R2 zoning to the west along 500 West and allowing commercial
development to the east along Main Street.
Our family has lived on and owned property just west of the Super 8 Motel for
generations — and our family owns additional property in the surrounding neighborhoods,
including the Preserve Subdivision. We love this area, and only want to see it developed in a way
that preserves its character. This proposal does that. We believe the most suitable portion of the
property for residential development that is desired by the community is that along 500 West --
not the highway. The land along the highway should be commercial and developed as such. In
addition, the proposal provides a transition between the existing R-2 neighborhoods to the south
and west and growing C-4 development to the north and east.
For these reasons, We hope the City will approve the rezone request.
Sincerely,
Pat and Pete Byrd
850 Byrd Avenue
Moab, UT 84532
Page 76 of 85
Devran Cengiz
395 Marcus Court
Moab, Utah 84532
May 28, 2015
Moab City Council
217 E. Center Street
Moab, UT 84532
Re. Support for the Wang Organization Rezone Application
City Council:
Please accept this letter of support for the revised rezone application submitted by
Wang Organization, Ltd. for its vacant property just north of my house. I live on the
south side of Marcus Court and this property.
The revised request is reasonable, and I support its approval by the City. It preserves
residential land and use along 500 West, but allows commercial development where it is
anticipated along the highway. In addition, like many of my neighbors, I think that a
seasonal commercial use like a motel will lead to less impact, noise, and traffic on my
property than residential use.
I believe the width of the North Ditch 1 easement, RMP powerlines and the existing row
of trees is a sufficient buffer to protect my property from development to the north. And,
I understand that the Applicant is taking several steps to improve the property as a
response to the neighborhoods comments during this public process. I understand that
the Wang Organization has entered into a landscaping contract through November to
clean up and maintain the vacant lot; is in the process of installing signs to restrict all
public use of the lot; and intends to replace the existing lighting on the south and west
sides of the Motel to downcast lighting to decrease impact to the neighbors.
Please vote to approve the rezone of the eastern portion of the property to C4.
Sincerely,
Devn Cengiz
Page 77 of 85
June 1, 2015
City of Moab
217 E. Center Street
Moab, UT 84532
Re. Wang Organization Revised Rezone Application — Letter of Support
City of Moab:
As property owners of two lots to the South on Marcus Court, please accept this
letter of support for the revised rezone application submitted by Wang Organization, Ltd.
for its property just south of the Super 8 Motel.
We support the proposal because it allows the Owner to develop land along the
highway as commercial while preserving 113 of the property along 500 West as
residential. Commercial use seems both reasonable and inevitable given the frontage
onto Highway 191 and shared boundary with the Super 8 Motel. Residential use along
Main Street does not benefit the City or its residents and will lead to conflict in use.
We also support the proposal because we believe the Moab Irrigation Company
easement together with the Owner's row of trees is a sufficient buffer to protect Marcus
Court from impact associated with commercial development of the property.
We understand the Owner is taking steps to minimize impact to Marcus further
this month, including better maintenance of the vacant lot and restricting public use and
camping on the lot. We appreciate these steps. At the same time, the biggest impact to
Marcus Court is highway 191, not the Owner's development to the north.
Finally, the property is located between our two major roads in town, 500 West
and Main Street. This property does not seem desirable for single-family use across the
entire property, and we understand that it could be developed into approximately 62
two-family units under the current zoning allowances in the R2 zone. We also believe
that traffic and noise impacts will be worse with a high density two-family residential
development than commercial development, especially motel use.
The proposal provides a thoughtful transition between the existing
neighborhoods to the south and west, like mine, and the C-4 development to the north
and east, we urge the City to support the revised rezone request.
tts Gill ;
347`.n71 Marcus Court
Moab, Utah 84532
James Gill : - Nlarilyn Tibbe
Page 78 of 85
June 12, 2015
City Council
City of Moab
217 E. Center Street
Moab, UT 84532
Re. Support for the Wang Organization Rezone Application
Dear City Council:
I am writing to express my support for the revised rezone application submitted by Wang
Organization, Ltd. for property located at 889 N. Main Street, just south of the Super 8 Motel. I
support the rezone request because it promotes the highest and best use of the entire property by
retaining residential land to the west along 500 West while allowing commercial use along Main
Street.
I own the Branding Iron, another local business that depends on Highway 191, and a Grand
County native. Allowing commercial use along the highway not only makes good planning
sense, but it has long been anticipated for this property. I can remember when Mr. JJ Wang
bought this property in the 1980s, and we certainly all assumed the entire three parcels were
uniformly zoned commercial.
Thus, I support the rezone configuration that preserves enough R21and to develop a number of
single or two-family dwellings on the west side while allowing commercial development along
the highway. I agree with Applicant that the proposal provides a transition between the existing
R-2 neighborhoods and growing C-4 development along the highway and should be approved.
Sincerely,
ie Taylor
2971 Highway 191
Moab, UT 84532
Page 79 of 85
June 12, 2015
City Council
217 E. Center Street
Moab, UT 84532
Re. Letter of Support for the Revised Rezone Application for 889 N. Main
Dear Moab City Council:
Please accept this letter of support for the revised rezone application for the western 3.01
acres of property known as 889 N. Main Street/Super 8 Motel submitted by the Wang.
Organization.
I have watched this rezone approval process with interest. I do not understand how the
entire strip along Highway 191 north and east of this property was zoned commercial, but
this particular parcel, cut off from the neighborhoods to the south by the North Ditch 1, was
left out. And, so I was disappointed and surprised that the Council voted to deny Mr.
Wang's original rezone request earlier this year.
I hope you will vote for the revised rezone request as it is a good compromise. It preserves
the eastern portion of the property as R-2 but allows commercial development along Main
Street. This proposal is reasonable and consistent with good planning principles, and the
development of the City of Moab to date. It also allows Mr. Wang to improve the Super 8
Motel and keep his business, locally owned and operated, competitive.
For these reasons, I urge the City to vote to approve the revised rezone request,
Thankiyou for your consideration,
aizen Green
17 La Sal Road
Moab, Utah 84532
Page 80 of 85
Curtis King
3270 Roberts Drive
Moab, UT 84532
June 15, 2015
City of Moab
217 E. Center Street
Moab, UT 84532
Re. Support for the lung Organization Revised Rezone Request for 3.01 Acres on
Main Street
City of Moab:
As the manager of a local business on Main Street, we write to lend support to the Wang
Organization's rezone request for the southern parcel of property located 889 N. Main Street.
We support this proposal for a number of reasons. First, property along Main Street should be
developed as commercial property. Period. The highest and best use along a highway is
commercial, not residential.
Second, the rezone request is reasonable and promotes good planning practices. The Wang
Organization has offered to preserve 31 % of the property as residential along 500 West. This is a
big concession that should be appreciated by our City Council, which provides sufficient land to
preserve housing stock in that area. It also helps create a transition between the commercial property
to the east and north and residential land to the south and west.
Third, the rezone request is a proportionate request for the goals of the Wang Organization: to build
a facilities expansion to the Super 8 Motel to stay competitive; and to bring the zoning up to match
the commercial tax rate it has paid since 1985.
The City can show its support for local business owners along Main Street, who act in the
community's best interest, by voting to approve the rezone request.
Page 81 of 85
June 15, 2015
City Council
City of Moab
217 E. Center Street
Moab, UT 84532
Re. Support for the Wang Organization Rezone Application — 889 N. Main Street
Dear City Council:
I am writing to express my support for the revised rezone application submitted by Wang
Organization, Ltd. for property located at 889 N. Main Street, just south of the Super 8 Motel.
I support the rezone request because it promotes the highest and best use of land along
Main Street while preserving 1/3 of the property for residential development. The argument of
highest and best use is supported by the commercial tax assessed by the County against this
property since the Wang Organization bought it in 1985. Basic planning principles also support
the argument that the highest and best use of the bulk of this property is for commercial
development.
The City Council should scrutinize rezone applications, and it should take steps to
preserve residential property where appropriate. Here, it can do both and still approve this
rezone request, which preserves 1/3 of the property as R-2 along Main Street. The most suitable
portion of the property for residential development that is desired by both the neighbors and
potential purchasers is that along 500 West — not the highway.
Please vote to approve the revised rezone proposal as a good compromise that provides a
transition between the existing R-2 neighborhoods to the south and west and growing C-4
development to the north and east. It preserves enough R2 land to develop a number of single or
two-family dwellings on the west side while allowing commercial development along Main
Street.
Sincerely,
Dr. Michael Duehrssen, MD
HC 64 Box 2201
Castle Valley, UT 84532
Page 82 of 85
June 16, 2015
City Council
217 E. Center Street
Moab, UT 84532
Re. Letter of Support for the Revised Rezone Application for 889 N Main
Dear Moab City Council:
Please accept this letter of support for the revised rezone application for the
western 3.01 acres of property known as 889 N. Main Street/Super 8 Motel submitted
by the Wang Organization.
I was born and raised in Moab and live near this property on 300 North in the
City limits. I wish to see development that makes good sense, and I feel that this split
zone proposal, which preserves the western portion of the property as R-2 does so. It is
reasonable, consistent with good planning, and meets the expectations of folks living
nearby.
Residential housing does not belong on Main Street and is incompatible with the
noise and congestion of Highway 191. Land along Main Street should be developed
commercially.
For these reasons, I urge the City to vote to approve the revised rezone request
and support our local business owners.
Thank you for your consideration,
Helen Knight
130 E. 300 N.
Moab, Utah 84532
Page 83 of 85
Page 1 of 2
Christina Sloan
From: "Jeff Reinhart" Leff@moabcity.org>
Date: Wednesday, June 17, 2015 11:10 AM
To: <brian.gvc@frontiemet.net>
Subject: Re: Wang Organization I Rezone
Thanksyou Brian. We passed this on to council.
Jeff Reinhart, AICP
On Wed, Jun 17, 2015 at 6:33 AM, brian.gvc@frontiemet.net <brian.gvc@frontiernet.net> wrote:
June 17, 2015
City Council
via Email
217 E. Center Street
Moab, UT 84532
Re. Letter of Support for the Revised Rezone Application for 889 N. Main
Dear Moab City Council:
Please accept this letter of support .for the revised rezone application for the western 3,01
acres of property known as 889 N. Main Street/Super 8 Motel submitted by the Wang
Organization.
As a local property owner, contractor, and developer, I am interested in good planning
within the City limits. In the split -zone proposal, which preserves the eastern portion of the
property as R-2, but allows commercial development along Main Street, is reasonable and
consistent with good planning principles.
This lot was not appropriately zone originally to reflect good planning principles for
residential zoning. Residential housing does not belong on Main Street or Highway 191. Nor
does it belong along a commercial corridor as 500 West meets Highway 191. As the
remaining undeveloped land on the north side of Moab is built -out, the marketing and sales
of homes along the highway will suffer. This will increase conflict between residential and
commercial zones.
The affordable housing debate that surrounds this application should not apply to this
property. Affordable housing should not equate with sub -standard housing. Low-income
households should not be forced to live along the highway and endure the noise and
congestion as a means to affordably shelter their families.
Is it fair for the city's Planning Commission and Council to deny this re -zone because the
city wants more affordable housing? The Wang Organization should not be burdened with
the city's housing crisis, or to be forced to develop a neighborhood that would offer a sub-
standard lifestyle along a noisy traffic corridor.
Page 84 of 85
6/17/2015
Page 2 of 2
Our low-income families deserve more than this.l believe there are better ways to provide
healthy homes that our hard-working families can afford.
Even Mr. Wang is aware of low-income needs. He has been providing scholarships to our
students, to pave a way for their future success. He has provided housing for employees.
For these reasons, I urge the city to vote to approve the revised re -zone request.
Thank you for your consideration,
Brian Ballard
"Wag to go, Moab!"
Page 85 of 85
6/17/2015