HomeMy Public PortalAboutPKT-CC-2015-01-13Moab City Council
January 13, 2015
Pre -Council Workshop
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL
CITY CENTER
(217 East Center Street)
CHAMBERS
Agenda
Page 1 of 112
Page 2 of 112
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
City Council Chambers
Tuesday, January 13, 2015 at 6:30 p.m.
..........................................••••••••••••••••••••••••••••
6:30 p.m.
7:00 p.m.
SECTION 1:
PRE COUNCIL WORKSHOP
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
1-1 November 25, 2014
1-2 December 5, 2014
1-3 December 9, 2014
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4:
SECTION 5:
SECTION 6:
PRESENTATIONS AND PROCLAMATIONS
4-1 Presentation of the Mayor's Student Citizenship of the Month Award for January
2015 for Helen M. Knight School
4-2 Presentation by Bo Call of the DAQ Regarding the Results of the Ozone Monitoring
and Current Particulate Monitoring
PUBLIC HEARING (Approximately 7:15 PM)
None
SPECIAL EVENTS/VENDORS/BEER LICENSES
6-1 Approval of a Class II Retail Beer License for Zachary Daniel Bynum, d.b.a. The Spoke
LLC Located at 5 North Main Street to Conduct a Restaurant
6-2 Approval of Local Consent of a Full -Service Restaurant Liquor License for Zachary
Daniel Bynum, d.b.a. The Spoke LLC Located at 5 North Main Street
6-3 Approval of Local Consent of a Limited -Service Restaurant Liquor License for Devran
Cengiz, d.b.a. Devran's Mediterranean Restaurant Located at 60 North 100 West
Agenda
SECTION 7: NEW BUSINESS
7-1 Award of the City Prosecutor Services Proposal
7-2 Approval of the City Prosecutor Services Contract
7-3 Approval of Proposed Resolution #02-2015 — A Resolution Approving an
Employment Agreement by and between the City of Moab and Rachel E. Stenta for
the Position of Interim City Manager
7-4 Approval of Proposed Resolution #01-2015 — A Resolution Encouraging the State of
Utah to Pursue a Comprehensive Transportation Funding Strategy
7-5 Request to Send Proposed Ordinance #2015-01— An Ordinance Amending the City
of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials'
Salaries to Public Hearing
7-6 Approval of Proposed Resolution #03-2015 — A Resolution Approving an Agreement
between the City of Moab and Public Employees Health Plan for the Provision of
Health Insurance Services
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: EXECUTIVE SESSION
13-1 An Executive Session to Discuss Pending or Reasonably Imminent Litigation
SECTION 14: 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 112
MOAB CITY COUNCIL
REGULAR MEETING
November 25, 2014
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 David L. Sakrison called the Pre -Council Workshop to order at
6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg
Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in
attendance were City Manager Donna Metzler, City Recorder/Assistant
City Manager Rachel Stenta, Planning Director Jeff Reinhart, City
Treasurer Jennie Ross, Assistant City Engineer Eric Johanson, Public
Works Director Jeff Foster and Police Chief Mike Navarre.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and led the pledge of allegiance. Twenty five (25) members of the
audience and media were present.
Councilmember McElhaney moved to approve the Regular Meeting
minutes of October 28, 2014. Councilmember Stucki seconded the
motion. The motion carried 5-0 aye.
There were no Citizens to Be Heard.
REGULAR MEETING &
ATTENDANCE
PRE -COUNCIL WORKSHOP
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
A Community Development Department Update was not given. COMMUNITY DEVELOPMENT
UPDATE
Under Engineering Department Update, Assistant City Engineer
Johanson reported that things were going well and that he had met with
the Lions Park architects for the final review of the project. Assistant
City Engineer Johanson also stated that he had been working on a GIS
project and had received a preliminary analysis report on the new water
tank.
A Planning Department Update was not given.
A Police Department Update was not given.
Under Public Works Department Update, Public Works Director Foster
stated that the 500 West Waterline Project was ready for approval and
the road project was under final review in the bid process. Public Works
Director Foster also stated that leaves in the street was an issue for the
Public Works Department and asked citizen to try and keep their leaves
November 25, 2014
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
Agenda
Page 1 of 4
Page 5 of 112
out of the streets.
Jon Haderlie of Larson, Rosenberger and Company made a presentation
of the Annual Audit of the City of Moab for Fiscal Year 2013-2014.
Councilmember Bailey moved to approve a Special Event License for the
Moab Area Chamber of Commerce for the Winter Light Parade and Tree
Lighting on December 5 and 6, 2014. Councilmember Peterson
seconded the motion. The motion carried 5-0 aye.
Councilmember Peterson moved to approve a Request for a Waiver of
Special Event Fees for the Moab Area Chamber of Commerce in an
Amount Not To Exceed $90.00. Councilmember McElhaney seconded
the motion. The motion carried 5-0 aye.
Councilmember Stucki moved to approve a Change of Location for a
Private Property Vendor License for Quesadilla Mobilla at 89 North Main
Street. Councilmember Ershadi seconded the motion. The motion
carried 5-0 aye.
Councilmember Bailey moved to accept the Annual Audit for Fiscal Year
2013-2014. Councilmember McElhaney seconded the motion. The
motion carried 5-0 aye.
Councilmember Stucki moved to approve Proposed Resolution #39-2014
— A Resolution Conditionally Approving a Conditional Use Permit for a
Bed and Breakfast Located on the McElhaney Property at 100 Arches
Drive in the R-2 Zone. Councilmember Peterson seconded the motion.
The motion failed 1-3 nay with Councilmember Stucki voting aye and
Councilmembers Peterson, Bailey and Ershadi voting nay and
Councilmember McElhaney abstaining.
Councilmember Peterson moved to approve Proposed Resolution #50-
2014 — A Resolution Declaring Certain Property Owned by the City of
Moab as Surplus and donating certain property to the Moab Valley Fire
Department. Councilmember Stucki seconded the motion. The motion
carried 5-0 aye.
Councilmember Peterson moved to Award the 500 West Waterline
Project to Mesquite Utah Incorporated in the amount of $386,550.
Councilmember Bailey seconded the motion. The motion carried 5-0
aye.
Councilmember Stucki moved to approve the 500 West Waterline
November 25, 2014
PRESENTATION OF ANNUAL
AUDIT
SPECIAL EVENT LICENSE
APPROVED
WAIVER OF FEES APPROVED
PRIVATE PROPERTY VENDOR
LICENSE APPROVED
ANNUAL AUDIT ACCEPTED
PROPOSED RESOLUTION #39-
2014, FAILED
PROPOSED RESOLUTION #50-
2014, APPROVED
500 WEST WATERLINE
PROJECT AWARDED
500 WEST WATERLINE
Agenda
Page 2 of 4
Page 6 of 112
Project Contract. Councilmember McElhaney seconded the motion. The CONTRACT APPROVED
motion carried 5-0 aye.
Councilmember McElhaney moved to approve Proposed Resolution #51-
2014 — A Resolution Approving a Local Government Contract by and
between the City of Moab and Horrocks Engineering for the Moab 500
West Phase 3 Road Improvement Project, for Construction Engineering
Management Services. Councilmember Bailey seconded the motion.
The motion carried 5-0 aye.
Councilmember Peterson moved to approve Proposed Resolution #53-
2014 — A Resolution Approving an Interlocal Agreement by and between
the City of Moab and Grand County, Pertaining to the Ownership,
Development, Operation and Maintenance of Lions Park, the Lions Park
Trail, the Lions Park Transit Hub, and the Colorado River Pathway.
Councilmember Stucki seconded the motion. The motion carried 5-0
aye.
Councilmember McElhaney moved to approve Proposed Resolution #52-
2014 — A Resolution Approving a Landscape Maintenance Agreement for
Lions Park by and between the Utah Department of Transportation and
the City of Moab. Councilmember Ershadi seconded the motion. The
motion carried 5-0 aye.
There was no Correspondence to be Read.
Under Mayor And Council Reports, Councilmember Ershadi stated that
she had attended a Chamber of Commerce lunch and had heard a
presentation by Rocky Mountain Power regarding the WattSmart
program and energy audits and that Theresa King had won the Business
of the Year Award. Councilmember Ershadi continued that she had also
attended a Housing Authority meeting as well as the ground breaking
ceremony for the new self-help housing project on 400 North.
Councilmember Ershadi stated that she had met with Kris Marsh of the
Small Business Development Center who was working on a proposal for
a municipal composting system and that the air monitoring results
would be available after the Thanksgiving holiday.
Under Administrative Report, City Manager Metzler stated that the
annual holiday party would be held on Saturday, December 13, 2014.
No Report was given on City/County Cooperation.
Councilmember Ershadi moved to pay the bills against the City of Moab
November 25, 2014
PROPOSED RESOLUTION #51-
2014 APPROVED
PROPOSED RESOLUTION #53-
2014 APPROVED
PROPOSED RESOLUTION #52-
2014 APPROVED
READING OF
CORRESPONDENCE
MAYOR AND COUNCIL
REPORTS
ADMINISTRATIVE REPORT
REPORT ON CITY/COUNTY
COOPERATION
APPROVAL OF BILLS
Agenda
Page 3 of 4
Page 7 of 112
in the amount of $454,864.72. Councilmember Bailey seconded the
motion. The motion carried 5-0 aye by a roll -call -vote.
Councilmember Peterson moved to Enter an Executive Session to
Discuss the Character, Professional Competence, or Physical or Mental
Health of an Individual. Councilmember Stucki seconded the motion.
The motion carried 5-0 aye.
An Executive Session was entered at 8:07 PM.
Councilmember Bailey moved to close the Executive Session.
Councilmember McElhaney seconded the motion. The motion carried
5-0 aye.
The Executive Session was closed at 8:24 PM.
Councilmember Bailey moved to adjourn. Councilmember Stucki
seconded the motion. The motion carried 5-0 aye.
Mayor Sakrison adjourned the Regular Council Meeting at 8:24 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
November 25, 2014
MOTION TO ENTER EXECUTIVE
SESSION APPROVED
EXECUTIVE SESSION ENTERED
MOTION TO CLOSE EXECUTIVE
SESSION APPROVED
EXECUTIVE SESSION CLOSED
MOTION TO ADJOURN
APPROVED
ADJOURNMENT
Agenda
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Page 8 of 112
MOAB CITY COUNCIL
SPECIAL MEETING
December 5, 2014
Moab City Council held a Special Meeting on the above date in the Council
Chambers at the Moab City Center, located at 217 East Center Street,
Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order
at 9:02 AM. In attendance were Councilmembers Kyle Bailey, Heila Ershadi,
Kirstin Peterson and Gregg Stucki. Also in attendance were City Manager
Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, Police
Chief Mike Navarre and Administrative Assistant Carmella Galley.
Councilmember Bailey moved to enter an Executive Session to Discuss the
Character, Professional Competence, or Physical or Mental Health of an
Individual. Councilmember Stucki seconded the motion. The motion
carried 4-0 aye.
An Executive Session was entered at 9:02 AM.
Councilmember Peterson moved to close the Executive Session.
Councilmember Bailey seconded the motion. The motion carried 4-0 aye.
The Executive Session was closed at 9:29 AM.
SPECIAL MEETING &
ATTENDANCE
MOTION TO ENTER
EXECUTIVE SESSION,
APPROVED
MOTION TO CLOSE
EXECUTIVE SESSION,
APPROVED
Mayor Sakrison adjourned the Special Meeting at 9:35 AM. ADJOURNMENT
APPROVED:
ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder/Asst. City Mgr.
December 5, 2014
Agenda
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Page 9 of 112
MOAB CITY COUNCIL
REGULAR MEETING
December 9, 2014
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 David L. Sakrison called the Pre -Council Workshop to order at
6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg
Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in
attendance were City Manager Donna Metzler, City Recorder/Assistant
City Manager Rachel Stenta, City Treasurer Jennie Ross, Assistant City
Engineer Eric Johanson, Police Chief Mike Navarre and Community
Development Director David Olsen.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and led the pledge of allegiance. Fifteen (15) members of the
audience and media were present.
There were no minutes to approve.
There were no Citizens to Be Heard.
A Community Development Department Update was not given.
Under Engineering Department Update, Assistant City Engineer
Johanson reported that staff were reviewing quite a few new hotels and
that the Lions Park Project would be starting in the Spring. Assistant City
Engineer Johanson then stated that Hansen Allen and Luce were looking
for funding for the Storm Water Drainage Master Plan from the Drinking
Water Board.
A Planning Department Update was not given.
Under Police Department Update, Police Chief Navarre stated that there
were threatening scam calls being placed to citizens from someone
representing themselves as the Department of Justice or the Internal
Revenue Service.
A Public Works Department Update was not given
Mayor Sakrison presented Gannon James with the Mayor's Student
Citizenship of the Month Award for November 2014 for Helen M. Knight
December 9, 2014
REGULAR MEETING &
ATTENDANCE
PRE -COUNCIL WORKSHOP
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
STUDENT OF THE MONTH
Agenda
Page 1 of 3
Page 10 of 112
School.
Councilmember McElhaney moved to Appoint Councilmember Ershadi as MAYOR PRO TEM APPOINTED
the Mayor Pro-Tem for 2015. Councilmember Peterson seconded the FOR 2015
motion. The motion carried 5-0 aye.
Councilmember Ershadi moved to Designate Councilmember Bailey as
the Councilmember Responsible for Approving Bills for 2015.
Councilmember McElhaney seconded the motion. The motion carried 5-
0 aye.
Councilmember Stucki moved to Approve the 2015 Regular City Council
Meeting Schedule. Councilmember Bailey seconded the motion. The
motion carried 5-0 aye.
Councilmember McElhaney moved to Approve the 2015 Moab City
Holiday Schedule. Councilmember Stucki seconded the motion. The
motion carried 5-0 aye.
Under Discussion Regarding Elected Official Salaries, Councilmember
Ershadi made a presentation. Discussion followed.
There was no Correspondence to be Read.
Under Mayor And Council Reports, Mayor Sakrison stated that he had
attended an Airport Board Meeting and that Great Lakes was showing
interest in coming back as the air carrier and that the airport was
proceeding with expansion plans.
Councilmember Ershadi stated that a draft business plan for a municipal
composting facility would soon be available.
Councilmember Stucki stated that the Solid Waste District was looking
for a new district manager.
Under Administrative Report, City Manager Metzler stated that the
housing incentive ordinance was ready to present to the Planning
Commission and that steady progress was being made on the General
Plan.
No Report was given on City/County Cooperation.
December 9, 2014
COUNCILMEMBER APPROVING
BILLS FOR 2015 DESIGNATED
2015 REGULAR CITY COUNCIL
MEETING SCHEDULE
APPROVED
2015 MOAB CITY HOLIDAY
SCHEDULE APPROVED
DISCUSSION REGARDING
ELECTED OFFICIALS SALARIES
READING OF
CORRESPONDENCE
MAYOR AND COUNCIL
REPORTS
ADMINISTRATIVE REPORT
REPORT ON CITY/COUNTY
COOPERATION
Agenda
Page 2 of 3
Page 11 of 112
Councilmember Ershadi moved to pay the bills against the City of Moab
in the amount of $284,269.25. Councilmember Bailey seconded the
motion. The motion carried 5-0 aye by a roll -call -vote.
Mayor Sakrison adjourned the Regular Council Meeting at 7:16 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
December 9, 2014
APPROVAL OF BILLS
ADJOURNMENT
Agenda
Page 3 of 3
Page 12 of 112
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
January 11, 2o15
Agenda ltem
#: 6-1 & 6-2
Title: Approval of a Class II Retail Beer License and Local Consent for a Full -
Service Restaurant for Zachary Daniel Bynum, d.b.a. The Spoke LLC Located at
5 North Main Street to Conduct a Restaurant
Fiscal Impact: N/A
Staff Presenter(s): Rachel Stenta, City Recorder
Department: City Recorder
Applicant: Zachary Daniel Bynum
Background/Summary: The applicant is a current licensee and is applying for
a Class II Retail Beer License and Local Consent of a Full -Service Restaurant
Liquor License for a new business. The business is located at 5 North Main
Street which is a location that has been licensed previously and poses no
proximity issues.
Options: Approve, deny or table.
1
Staff Recommendation: Staff recommends granting of the local consent.
Recommended Motion: I move to approve (insert agenda items).
Attachment(s): Local Consent Form
Class II Beer License Appliation
Page 13 of 112
DATE PAID:
AMOUNT PAID:
RECEIPT No.:
coo"
CITY OF MOAB
RETAIL BEER* LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
r // (435) 259-5121 / FAX (435) 259-4135
S13 b 0 ./ PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
❑ CLASS I FEE:
y3 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: 2.0.&[p.{"� 1064Ni`e-N �yr\v)c�
HOME ADDRESS: �O� eq. Pi....,— Irv_ J Le‘, CITY: ii\exa7
SOCIAL SECURITY NUMBER: DATE OF BIRTH:
DRIVER LICENSE NUMBER &
HOME PHONE:
STATE: 1 ZIP: g45ra.
BUSINESS INFORMATION
BUSINESS NAME: , ot.e C
r
BUSINESS ADDRESS: S • itiCh3
•
BUSINESS MAILING ADDRESS: Pd $b) Hqs'
CITY: [1\ 4:20.1)
SALES TAX ID #:I
BUSINESS PHONE: 415-(1j473-ai4ACA
STATE: GT- ZIP: a ��44...
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)
1.
6
, CLASS I
RICLASS II
, PRIVATE CLUB
❑ CLASS III
❑ CLASS IV
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 II 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)?
❑ NO *171,YEs (Requires 'Local Consent' approved by City Council prior to State approval.)
2. List brands of beer proposed tobesold 1b�y the applicant within the City o`f` Moab: y
6^v►r1v2.SS7 `eA)y).cn 1Or�'P: LuotoC-o^ hc. jsiQA1crs UiK�e�Je�Ze-� I
t e.a�1,a �c �1�,.��r A E, �Ci Ly :�ep,i5�l� r v��fv ���5:q.— 1 ��L Ales G� T )
� Wye �►
S� a
PeLA $;) (S041- �t Ulf: ,,;1 Y-v T r i3Q} 3vA4.e:st.r f wd' 1--s )
application is for 3.2% by weight only. Also requires a State license.
09121105
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Page 14 of 112
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
.07 r
Applicant's Signature
TJ ri yyt ,being first duly sworn, on his/her oath deposes and says: That
he/she is the apillicant 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.
h
Subscribed and sworn to before me on this }day of
KAREN BALLANTYNE
Notary Public State of Utah
My Commission Expires on:
August 16, 2016
Comm. Number. 658685
1 QTVA r�`
,Odl5.
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Page 15 of 112
FULL -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
rq (..y *Jo , H. City [ ] Town [] County
Inca' business license authority
hereby grants its consent to the issuance of a full -service restaurant liquor license to:
Business Name (DBA): 1 6 Spogc.
Applicant Entity/Business Owner 11•C (] oY--c_ LL G
Location Address: S- N , it,;,, fn[tx;, f Fy53 as
.7 orized Signature
204.(i3rJ0.•/ Owncr �CP r
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 1/2012
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Page 16 of 112
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
January 13, 2o15
Agenda ltem
#: 6-3
Title: Local Consent of a Limited -Service Restaurant Liquor License for Devran
Cengiz, d.b.a. Devran's Mediterranean Restaurant Located at 60 North 100 West
Fiscal Impact: N/A
Staff Presenter(s): Rachel Stenta, City Recorder
Department: City Recorder
Applicant: Devran Cengiz
Background/Summary: The applicant applied for and was granted local
consent for a full -service license previously but he would like to apply for a limited
—service license instead. The applicant is now reapplying for local consent.
Options: Approve, deny or table.
Staff Recommendation: Staff recommends granting of the local consent.
Recommended Motion: I move to approve (insert agenda items).
Attachment(s): Local Consent Form
I Agenda m
Page 17 of 112
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
M o ab , [ -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): /...) e,V ra.n.3 M e.0.0I -t'L. rran e.a.r\
Applicant Entity/Business Owner: e: V r� �'► C e- h . Z
Location Address: (00 A) / a W 0(1 o 4_6 +kT 8 y14 3 �
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
Page 18 of 112
/
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
January 13, 2015
Agenda ltem
#: 7-2
[Title: Award of the City Prosecutor Service Proposal/Approval of a Criminal
Services Agreement for City Prosecutor Services between the City of Moab and
Cowdell and Woolley, P.C.
Fiscal Impact: Approval of this contract would result in a decrease from the
current prosecution contract cost in the amount of $2,400 annually, with a total
annual cost of $36,000
Staff Presenter(s): Donna Metzler, City Manager
Department: Administration/Legal
Background/Summary: As you know, the City received a notice of resignation
on November 19, 2014 from Andrew Fitzgerald, in which he resigned as City
Prosecutor, effective December 31, 2014. The City currently pays $3,200 per
month for these services. This is the amount that Fitzgerald Law proposed for
city prosecution services when Mr. Fitzgerald took over as county attorney in
2011. The City has a contract with Fitzgerald Law stipulating this amount. From
2003 through 2010, Happy Morgan performed city prosecution services for the
City, for which the City paid $2,900 per month. Before Ms. Morgan, the City paid
Bill Benge $1,800 per month. The city prosecutor handles all of the City's Justice
Court cases, which entails all cases charged at Class B misdemeanor and below.
By state statute, the county attorney handles Class A misdemeanors, felonies,
and any lower charges that accompany these cases. These cases are handled in
District Court. The City does not pay Grand County for the services of the county
attorney.
In response to Mr. Fitzgerald's resignation notice, the City advertised a Request
for Qualifications from firms interested in performing city prosecution services.
The City also negotiated with Mr. Fitzgerald that Mr. Fitzgerald would stay on as
City Prosecutor until January 30, in order to provide time for the City to secure
services from another provider.
The City advertised for the position in our local papers and sent out
announcements to 30 firms. The Request for Qualifications was noticed in the
paper on November 27 and December 4, with a December 10 submittal deadline.
The City received four proposals by the deadline, and one proposal just after the
deadline. City staff reviewed all five proposals. While most proposals were
1
Agenda
Page 19 of 112
specific as to the proposed cost, one proposal indicated that the cost proposed
would be in addition to legal assistant services, the cost for which was not
provided. The range of the proposals was from $36,000 per year with no
additional costs to $80,000 per year plus the cost of legal assistant services. It
was estimated by staff that since the services in this contract would primarily be
performed by a legal assistant, the additional costs called for in the latter
proposal would probably range from $20,000 to $30,000 annually. The low cost
proposal was from Cowdell and Woolley, while the highest cost proposal was
from Fitzgerald Law. The average rate proposed was $82,720 annually. Cowdell
and Woolley submitted their proposal before the deadline.
Because a cost proposal that is significantly lower than all of the other cost
proposals can be concerning, City staff set about to perform background and
reference checks for Cowdell and Woolley, as well as to analyze the other
proposals. The intent was to ascertain the qualifications of Cowdell and Woolley
and to ascertain the validity of the low cost proposal (and the reason for some of
the high cost proposals). Regarding the high cost proposals, we did find through
disclosures from two of the higher cost respondents that they based their
proposal on information they obtained from Andrew Fitzgerald, who had indicated
that the rate charged for the services should be much higher than the current
contract rate.
With respect to the qualifications of Cowdell and Woolley, city staff found this
firm's proposal to be the most thorough and responsive among the five
submitted, with attention to the City's particular needs, such as availability,
experience, training provided, professionalism, customer service orientation and
file and case management. In addition, the City found through in-depth
telephone conversations with police departments and other entities that Cowdell
and Woolley is a respected law firm that performs only justice court prosecution
services as their specialty. We found that the cities and towns that we contacted
uniformly and enthusiastically provided positive reviews of Cowdell and Woolley's
performance as justice court prosecutor. Police Chief Mike NaVarre performed
the background and reference reviews, which are attached. Cowdell and Woolley
has contracts with numerous Utah cities and towns. Other cities and counties
identified the coupling of cost savings with exemplary service as the major
reason for their satisfaction with Cowdell and Woolley.
One of the reasons that Cowdell and Wooley can keep their costs low is that
they have developed processes and procedures specific to justice court
prosecution. Another reason is that the firm's contracts with other communities,
taken together, provide significant income for the firm, creating an "economy of
large numbers," such that the incremental cost of adding our cases to their
workload is low.
Cowdell and Woolley's proposal, along with their qualifications, indicated that
Cowdell and Woolley would be able to perform the services the City of Moab
Agenda
Page 20 of 112
needed at a very reasonable cost. So, city staff set up an in -person interview
with representatives of the firm and the City of Moab. City representatives in the
interview included Police Chief Mike NaVarre, City Planner Jeff Reinhart, Mayor
Dave Sakrison and me. Representatives from Cowdell and Woolley included
Chad Woolley and Aaron McKnight. Mr. McKnight was presented as the main
contact attorney for the firm's proposal. In the interview, the firm representatives
explained the process and information systems they use to provide services, and
outlined what the transition process would look like. They also reiterated that
they had researched our justice court case load and were very comfortable with
the cost they proposed to perform the services needed by the City of Moab. They
quoted the number of cases in our court, and indicated that the City' cases would
make up about 4% of their annual justice court caseload.
Cowdell and Woolley's proposal is attached. City staff members are very
comfortable with their proposal as well as the attached professional services
agreement. Cowdell and Woolley have approved the agreement, subject to the
approval of the City Council. The contract provides for a February 1, 2015 start
date.
Options: The City Council may approve the agreement as presented, approve
the agreement with changes, not approve the agreement, or postpone the
agreement pending the receipt of additional information.
Staff Recommendation: Staff recommends approval of the proposal and
services agreement with Cowdell and Woolley as presented.
Recommended Motion: "I move to approve the City Prosecutor Services
Proposal to Cowdell and Woolley, P.C." AND "I move to approve the City
Prosecution Agreement with Cowdell and Woolley, P.C. as presented."
Attachment(s): Criminal Legal Service Agreement: Cowdell and Woolley
proposal; reference and background information assembled by Police Chief Mike
NaVarre
Agenda
Page 21 of 112
COWDELL & WOOLLEY, P. C.
ATTORNEYS AT LAW
32 East Main Street, Sandy, Utah 84070
Telephone: (801) 550-3988 Facsimile: (800) 388-7054
December 10, 2014
Rachel E. Stenta
Moab City Recorder/Asst. City Manager
217 East Center Street
Moab, Utah 84532
RE: _Request for Statements ofQualifications—City Prosecutor
Dear Ms. Stenta,
Thank you for taking the time to review this packet, which constitutes our Statement of
Qualifications and our proposal. We are very interested in providing prosecutorial services for the
City of Moab.
We are a Utah law firm that provides prosecutorial services for Daggett County, Sanpete
County, South Salt Lake, the City of Taylorsville, Midvale, Draper, and Herriman. Please consider
this letter as our statement of willingness and ability to comply with all federal, state, county, and
city requirements and laws associated with the provision of services to the City of Moab.
We invite you to contact our clients about the quality of representation that we have
provided for them. Thank you for taking the time to review our qualifications.
We hope our application is favorably considered.
Yours Truly,
COWDELL & WOOLLEY, P.C.
/s/Tracy Scott Cowdell
Tracy Scott Cowdell, Esq.
Chad L. Woolley, Esq.
32 East Main Street
Sandy, Utah 84070
Phone: (801) 550-3988
Fax: (800) 388-7054
E-mail: tcowdell@me.com or cwoolley@me.com
Page 22 of 112
STATEMENT OF QUALIFICATIONS
I. NAME OF FIRM
COWDELL & WOOLLEY, P.C. is a small law firm with a broad background in municipal law,
criminal prosecution, and civil litigation. We focus exclusively on representing governmental
entities and we have impressive experience in justice court prosecution.
II. LOCATION OF OFFICE
We have offices in Sandy, the City of Taylorsville, Midvale, South Salt Lake, Draper,
Herriman, Sanpete County, and Daggett County. We hope to relocate an attorney to Moab.
III. BIOGRAPHICAL INFORMATION
All ten of our attorneys have specialized in prosecution and are in good standing with the
Utah State Bar Association. In addition, our attorneys are familiar with the statutes, court rules,
constitutional provisions, and case law relevant to municipal law. We regularly attend trainings and
conferences specific to governmental attorneys and staff, such as those held by the Utah City and
District Attorneys Association (UCDAA), Utah Association of Counties (UAC), Utah Prosecution
Council (UPC), and Utah Prosecutorial Assistants Association (UPAA), among other organizations.
Our lawyers are diverse and reflect the demographics the City of Moab. They speak several
world languages including Spanish, Portuguese, and Tagalog. They also represent a variety of
backgrounds, with attorneys from rural communities like Manti to suburban communities like
Sandy and Orem.
IV. SUMMARY OF PROSECUTION AND CIVIL EXPERIENCE
Our firm prosecutes approximately 1,200 cases in the justice courts per month (over 15,000
cases annually). Our firm is experienced in small justice courts like the courts in Ephraim, Manila,
and Moroni, and we have the resources and experience to serve as the prosecutors for large justice
courts like our clients Midvale City and the City of Taylorsville.
V. UNIQUE QUALIFICATIONS TO SERVE THE CITY OF MOAB
Our attorneys have experience representing municipalities that are comparable in size to the
City of Moab. Our attorneys understand how elected officials feel when stories run in the media.
They are also experienced in interacting with reporters. We have experience in federal, state, and
justice courts.
VI. PROPOSED FEES
a. Monthly Agreement for Prosecution Services. Our proposed monthly fee is
$3,000.00 for legal services.
b. Litigation Services. In the event that litigation counsel is needed, we can make
ourselves available from time to time to represent the City of Moab. We agree to bill
Page 23 of 112
1
the City of Moab $90.00 per hour for attorney time. We have found that $90.00 per
hour is a rate that allows us to spend the necessary time to cover issues, yet doesn't
unduly strain our governmental clients' budgets. Secretarial and paralegal time is
generally included in the $90.00 rate. If a secretary or paralegal is required to spend
more time than normal on a case, we bill their time at $50 per hour. We do not bill our
governmental clients for ordinary travel time.
VII. INCLUDED SERVICES
1. Consistency with Attorneys. The same attorneys will be in the administrative offices
and the courtroom in the City of Moab so that they develop relationships with the staff
and the City officials. This presence will also ensure that our attorneys are familiar with
the legal issues, the cases and the interests of the judge.
2. Unprecedented Communication with Court and City Attorney. Our customer
service is what separates our office from any other private prosecuting law firm. We are
willing to do whatever it takes to make sure we meet our clients' needs. To meet this
goal, we engage in frequent and consistent communication with the Court, the City
Attorney, and the City staff. We strongly encourage you to check our references. Our
references are listed below.
3. Attending Meetings. Our attorneys will attend all meetings relevant to the job.
4. Office Hours. Our attorneys will be on campus each day that Court is in session.
5. 24-Hour, 7 Days a Week Availability. Our schedule works well with the City of
Moab's hours of operation. However, we are also available 24/7 to law enforcement
and city officials. We regularly field after-hours calls by cell phone for warrant reviews,
case reviews and to talk with officers in the field who may have a question about an
arrest or search.
6. Screenings. Our firm will screen all cases and file all cases that are not e-filed.
7. Training for Police Officers and Code Enforcement. In consultation with the
city, we will conduct formal training for officers. We will also provide on -call training
for officers in the field as needed.
8. All Legal Research Materials and Books. As part of our contract, we will provide
all periodicals and research materials.
9. Prepare and File all Documentation. We will prepare and file all appropriate
documents, including, but not limited to, informations, summonses, orders to show
cause, witness subpoenas, appearances of counsel, motions, oppositions, responses,
memoranda (supporting or opposition), writs, jury instructions, and notices of appeal.
We will also prepare and review warrants and comply with all discovery requirements.
10. Legal Training. As part of the contract, we will pay for all continuing education
requirements for our lawyers and staff.
Page 24 of 112
2
1 1. Court Appearances and Plea Negotiations. We will make all Court appearances
and negotiate all plea agreements in the justice and district courts.
12. Justice Court Re -Certification Assistance. We have experience assisting justice
courts during the recertification process and are willing to and able to get involved, if
helpful.
13. Appeals. We will represent the City in all criminal appeals from the Moab Justice
Court.
14. Regular Meetings with Stake Holders. We will hold regular meetings with the
clerks, staff from the City offices, city council members, the judge, and all law
enforcement officials to determine how we can improve our services.
15. BCI and PIMS. We are BCI-certified and utilize PIMS. We can make PIMS available
to the police department and the court clerks as needed.
16. CMS System. We have a computerized system for file, document, and notes
management for the prosecutors' office. That system and calendar will be provided as
part of the contract. Portions of this program will be available to the Court and the
victim advocate's office as well for no additional charge.
17. Networking. Our office has developed a political network with local municipalities,
special districts, education leaders, the county, and key legislators. These relationships
may be helpful from time to time.
18. Travel Time. We do not bill our governmental clients for travel time.
VIII. REFERENCES. See attached Appendix A for our extensive list of references.
IX. RESUMES. Our attorneys bring a wealth of education, experience, and involvement in
their communities. See attached Appendix B for our ten attorneys' resumes below for your review.
Page 25 of 112
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Appendix A: References
Page 26 of 112
Current/Past Clients:
Russ Wall
Salt Lake City Director of Public Works and
Regional Development
2001 South State Street N4100
Salt Lake City, Utah 84190-3050
Phone: (385) 468-7050
Troy Walker
Mayor, Draper City
1020 East Pioneer Road
Draper, Utah 84020
Phone: (801) 576-6500
Chief Jim Wilberg
Mount Pleasant City Police
115 West Main Street
Mount Pleasant, Utah 84647
Phone: (435) 462-2502 ext 108
Lyn Creswell
City Attorney, South Salt Lake
220 East Morris Avenue
South Salt Lake City, Utah 84115
Phone: (801) 483-6070
Tami Larsen
Fairview & Moroni Court Clerk
P.O. Box 10
Moroni, UT 84646
Phone: (435) 436-8359
Del Craig
Former Taylorsville City Police Chief
2600 West Taylorsville Blvd.
Taylorsville, Utah, 84118
Phone: (801) 955-2000
Chief Ron Rasmussen
Ephraim Police Department
5 South Main Street
Ephraim, Utah 84627
Phone: (435) 283-4602
Larry Johnson
Mayor, Taylorsville City
2600 West Taylorsville Blvd.
Taylorsville, Utah 84129
Phone: (801) 955-2009
Kane Loader
City Manager, Midvale City
655 West Center Street
Midvale, Utah 84047
Phone: (801) 567-7225
Court Clerks:
Andrea Anderson
Ephraim City Justice Court Clerk
5 South Main Street
Ephraim, Utah 84627
Phone: (435) 283-5123
Other Government Related:
Jerry L. Knight
General Manager
Sandy Suburban Improvement District
8855 South 700 West
Sandy, Utah 84070
Phone: (801) 561-7662
Lisa Kocherhans
Victim Advocate, UPD
Phone: (385) 468-9446
David S. Doty, J.D., Ph.D.
Education Direction I A Cicero Group
Company
515 East 100 South, Suite 300
Salt Lake City, UT 84102
Phone: (801) 456-6795
Page 27 of 112
Doug Stowell
Stowell & Crayk, P.L.L.C.
525 South 300 East Suite 200
Salt Lake City, Utah 84111
Phone: (801) 944-3459
Douglas L. Neeley
1st South Main Street Suite 201
P.O. Box 7
Manti, Utah 84642
Phone: (435) 835-5055
dneeley@mail.manti.com
Lawrence H. Hunt
355 North Main Street
Richfield, Utah 84701
Phone: (435) 896-4424
lhhunt@email.com
Judge Michael W. Kwan
2600 West Taylorsville Blvd.
Taylorsville, Utah 84118
Phone: (801) 963-0268
Fax: (801) 963-0576
Criminal Defense Attorneys
Andrew B. Berry, Jr.
39 W. Main Street
P.O. Box 600
Moroni, Utah 84646
Phone: (435) 436-8200
Bruce Larsen
Larsen Larsen Nash & Larsen
1750 West Research Way
West Valley City, Utah 84119
Phone: (801) 964-1200
brandonlarsen@hotmail.com
Lindsay Jarvis
Allan & Easton
8813 South Redwood Road #B
West Jordan, Utah 84088
Phone: (801) 375-8800
LJarvis21@gmail.com
Judges
Judge No Ray Peterson
Mount Pleasant City Justice Court
115 West Main Street
Mount Pleasant, Utah 84647
Phone: (435) 283-7474
Page 28 of 112
Appendix B: Resumes
Page 29 of 112
TRA CY SCOTT CO WDELL
32 EAST MAIN STREET, SANDY, UTAH 84070 • cell: 801.550.9864 • home: 801.566.4287 • e-mail: tcowdell@,me.com
PROFESSIONAL EXPERIENCE
Partner, COWDELL AND WOOLLEY, P.C., Sandy Utah (2001-Present)
Areas of emphasis include: all areas of representation of governmental entities
• Represented public and elected officials in their official capacity
• Daily experience with negotiation, collaboration, and problem solving
• Practice includes GRAMA, Utah Open Meeting Act, Employee Ethics Act, land
use, the state procurement code, prosecution, and other governmental related
regulation
Clients include: Sandy Suburban Improvement District, South Valley Water
Reclamation Facility, and Taylorsville City.
Chief Operations Officer, Advanced IT Solutions, Inc., Sandy, Utah (1998-2001)
• Co-founder and Principal
Proficient in MS Office, the Internet, LAN/WAN management, and other
technology applications
Liaison between company management and technical support team
EDUCATION AND CREDENTIALS:
Juris Doctorate, (2001) J. Reuben Clark Law School, Brigham Young University
Faculty Award for Meritorious Achievement and Distinguished Service
Extern in Chief Judge Dee Benson's Office, U.S. District Court
• Trained in mediation, negotiation, and meeting facilitation
• Member of the Alternative Dispute Resolution Society
Bachelor of Science, (1997) summa cum laude, University of Utah
• Political science and sociology (double major) certified in criminology and
corrections
• GPA 3.93 (top one percent)
• Sociology Scholar and Scholarship
• Alpha Kappa Delta sociology honors
• Member of Golden Key and Phi Beta Kappa Honors Societies
• Research, writing, and publishing experience
PUBLIC AND VOLUNTEER SERVICE:
Member, Canyons School District Board of Education, Sandy Utah (2008-Present)
• President, Canyons School District Board of Education, Sandy Utah (2008-2012)
• Key member in creating Utah's first new school district in 100 years
Page 30 of 112
" S t r a t e g i c p l a n n i n g , i n c l u d i n g t h e h i r i n g o f t h e d i s t r i c t '