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Home My Public Portal AboutPKT-CC-2012-07-31CITY OF MOAB July 31, 2012 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 79 Page 2 of 79 Moab Co►nw►unity Meetings July 2012 uiy 2012 5 M T W T F 5 5 M August 2012 T W T F 5 1 2 3 8 9 30 15 16 17 22 23 24 29 30 31 4 5 6 7 11 12 13 14 5 6 18 19 20 21 12 13 25 26 27 28 19 20 26 27 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 ;11 a, o N co Monday Tuesday Wednesday Thursday Friday Jul 2 3 4 5 6 4•00pm 6CWB 3:00pm GC Council Work 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 7:00pm GC Council 3:30pm MARC 4:00pm GCSWSSD 5:30pm MMAD 7:00pm GWSSA 9 30 11 12 13 12:30pm GCCOA 6:00pm GCAB 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD 5:00pm GCCMD 6:30pm Mod 12:00pm HASUB 6:00pm GC PC 6:00pm TSSSFD 7:00pm CV -PLUG 7:00pm TSSD 5:00pm GCLB 6:30pm Moab PC 7:00pm CVFP 16 17 18 19 20 12:00pm CJC 3:00pm GC Council Work 5:00pm SEUDHD 7:00pm GC Council 6:00pm GCSDBE 6:00pm GCRSSD 6:30pm CVTC 5:30pm MATCAB 23 24 25 26 27 12:00pm MTPSC 6:00pm GC PC 5:30pm CHCSSD 6:30pm Moab PC 30 31 Aug 1 2 3 6:30pm Moab CC Moab City Recorder's Office 1 7/13/20121:41 PM Page 3 of 79 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendar\zoiz\Community Calendar\2012 calendar entities.xlsx Moab City Recorder's Office Page 4 of 79 Moab Co►nw►unity Meetings August 0 August 2012 5 M T W T F 5 5 M September 2012 T W T F 5 5 6 7 12 13 14 19 20 21 26 27 28 1 2 3 4 8 9 10 11 2 3 15 16 17 18 9 10 22 23 24 25 16 17 29 30 31 23 24 30 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 a o 2 a ao t n .m, eo Q' v N O N m Q a Monday Tuesday Wednesday Thursday Friday Jul 30 31 Aug 1 2 3 7:00pm CV -PLUG 3:30pm MARC 4:00pm GCSWSSD 5:30pm MMAD 7:00pm GWSSA 6 7 8 9 10 4:00pm GCWB 6:00pm GCAB 3:00pm GC Council Work 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 7:00pm GC Council 12:00pm HASUB 6:00pm GC PC 6:00pm TSSSFD 7:00pm TSSD 4:30pm GCHPC 5:00pm GCLB MOpm Moab PC 7:00pm CVFP 13 14 15 16 17 12:30pm GCCOA 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD 5:00pm GCCMD 6:30pm Moab CC 6:00pm GCSDBE 6:00pm GCRSSD 6:30pm CVTC 5:30pm MATCAB 20 21 22 23 24 3:00pm GC Council Work 7:00pm GC Council 6:00pm GC PC 6:30pm Moab PC 27 28 29 30 31 12:00pm MTPSC 6:30pm Moab CC 5:30pm CHCSSD Moab City Recorder's Office 2 7/13/20121:41 PM Page 5 of 79 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendar\zoiz\Community Calendar\2012 calendar entities.xlsx Moab City Recorder's Office Page 6 of 79 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org City of Moab - Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, July 31, 2012 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 June 12, 2012 1-2 June 26, 2012 1-3 July 10, 2012 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: PRESENTATIONS SECTION 5: NEW BUSINESS 5-1 Approval of Proposed Ordinance #2012-12 — An Ordinance Amending Moab Municipal Code Sections 5.09.010, 5.20.660 and 12.20.040 Pertaining to the Serving, Sale and Consumption of Alcohol in Parks, Public Buildings and Other Public Places 5-2 Approval of a Special Event License for Canyonlands Community Recycling to Conduct a Fundraising Event on November 17, 2012 at the Grand Center 5-3 Approval of Local Consent for a Single Event Alcohol Permit for Canyonlands Community Recycling to Conduct a Fundraising Event at the Grand Center on November 17, 2012 5-4 Approval of a Special Event License for Canyonlands Community Recycling to Conduct a Fundraising Event on November 17, 2012 at the Grand Center Page 7 of 79 5-5 Approval of a Class IV Retail Beer License for Canyonlands Community Recycling to Conduct a Fundraising Event at the Grand Center on November 17, 2012 5-6 Approval of Local Consent of a Restaurant On -Premise Retail Alcohol License for Cabo Grill Located at 396 South Main Street 5-7 Request to Send Proposed Ordinance # 2012-11— An Ordinance to Amend Title 17.00 of the Moab Land Use Code, Specifically Chapters 17.15 17.42 17.45 17.48 and 17.51 and Those Sections Dealing Specifically with the Area Width and Location Requirements for Residential Use to Public Hearing 5-8 Approval of an Agreement by and between the City of Moab and Four Corners Behavioral Health Providing for the Administration of Community Development Block Grant Funds for the Expansion of the Willows Apartments 5-9 Request to Send Proposed Resolution #13-2013 — A Resolution Amending the Fiscal Year 2012-2013 Annual Budget to Public Hearing 5-10 Approval of Proposed Resolution #14-2012 — A Resolution Amending the City of Moab Health Reimbursement Account (HRA) Plan 5-11 Approval of Proposed Resolution #15-2012 — A Resolution Amending the City of Moab Cafeteria Plan SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: 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 Page 8 of 79 MOAB CITY COUNCIL REGULAR MEETING June 12, 2012 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, 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 Kyle Bailey, Kirstin Peterson, Jeffrey Davis, Doug McElhaney and Gregg Stucki; City Treasurer Jennie Ross, Police Chief Mike Navarre, City Engineer Rebecca Andrus, City Planner Jeff Reinhart, Moab Planning Commission Member Kelly Thornton, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led in the Pledge of Allegiance. Two (2) members of the audience and media were present. Councilmember Peterson moved to Approve the Regular Meeting Minutes of May 8, 2012, the Special Meeting Minutes of April 5 and May 29, 2012 and to table the Special Meeting Minutes of May 1, 2012. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. There were no Citizens to Be Heard. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Andrus stated that the 400 North Street project paving should be completed that evening and the Bartlett Street project paving should be finished the following Saturday. City Engineer Andrus then stated that Staff had been checking the progress on Cinema Court as well as working with the Utah Department of Transportation on the path project. City Engineer Andrus then stated that staff would present an amendment to an Interlocal Agreement at the next Council meeting. A Planning Department Update was not given. Under Police Department Update, Police Chief Navarre and Fire Chief Brewer gave an update on fireworks regulations in the City of Moab as well as outside of City limits. Fire Chief Brewer then gave an overview of the Code Red/Reverse 911 System. A Public Works Department Update was not given. Mayor Sakrison opened a public hearing on Proposed Ordinance #2012- 10 — An Ordinance Amending the City of Moab Classified Hourly Pay rate Schedule and Exempt and Elected Officials Salary at 7:23 PM. No public comment was given. Mayor Sakrison closed the public hearing at 7:23 PM. Councilmember Davis moved to approve the Consent Agenda as follows: 1) Request to Send Proposed Resolution #10-2012 —A Resolution Amending the 2011-2012 Fiscal Year Budget to Public Hearing; 2) Approval of the Certification of Utah Retirement System REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PUBLIC HEARING OPENED PUBLIC HEARING CLOSED CONSENT AGENDA, APPROVED June 12, 2012 Page 1 of 3 Page 9 of 79 ■ Contribution Rates for Fiscal Year 2012-2013; 3) Approval of a Special Business Event License for Raft for the Cure 2012 to Conduct a Fund Raising Event on June 29 and 30, 2012; 4) Approval of a Request for Special Use of Swanny City Park by Jason Taylor and Brian Merrill on June 29 and 30, 2012; 5) Award of the General Plan Update Proposal; 6) Approval of the General Plan Update Professional Services Agreement By and Between the City of Moab and SE Group Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. Councilmember Bailey moved to approve Proposed Resolution #08-2012 — A Resolution Adopting the 2012-2013 Fiscal Year Budget. Councilmember Peterson seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Stucki moved to approve a Moved -on Structure Permit for Big Bear of Utah Incorporated/Phantom Fireworks to Conduct a Retail Fireworks Business Located at 260 South Main Street from June 23 to July 4, 2012 and July 20 to July 24, 2012 with the condition that the applicant abide by all state firework sale regulations. Councilmember Davis seconded the motion. The motion carried 4-1 aye with Councilmember Peterson voting nay. Councilmember Bailey moved to approve Proposed Ordinance #2012-07 — An Ordinance to Amend Title 17.80.050 of the Moab Land Use Code, by Amending a Portion of the Supplementary Regulations for Large Scale Retail Developments Over Thirty Thousand Square Feet, For Parking and Landscaping. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve Proposed Ordinance #2012-09 — An Ordinance Amending the City of Moab Municipal Code, Section 17.09.530, By Amending the Number and Types of Conditional Uses in the C-5 Zone and Amending 17.30, Use Regulations, By Allowing Child Care Centers as an Allowed Use in the C-5 Zone. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve Proposed Resolution #11- 2012 — A Resolution Establishing Water Usage Rates For the City of Moab. Councilmember Peterson seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Under Reading of Correspondence, Councilmember Peterson inquired about getting speed bumps on the east side of 200 South and stated that she had received a request for a crosswalk on 400 East. Under Administrative Report, City Manager Metzler stated that she had been working on the budget and that she would be on vacation June 19 — 25, 2012. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that the City Summer Barbeque would be on July 13, 2012. Councilmember Stucki stated that the Solid Waste District Board meeting had been postponed and that he would have a report at the PROPOSED RESOLUTION #08- 2012, APPROVED MOVED -ON STRUCTURE FOR BIG BEAR OF UTAH, APPROVED PROPOSED ORDINANCE #2012- 07, APPROVED PROPOSED ORDINANCE #2012- 09, APPROVED PROPOSED RESOLUTION #11- 2012, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS June 12, 2012 Page 2 of 3 Page 10 of 79 ■ next Council Meeting. Councilmember McElhaney moved to pay the bills against the City of Moab in the amount of $572,677.53. Councilmember Peterson seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Stucki moved to adjourn. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Mayor Sakrison adjourned the Regular Council Meeting at 7:48 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED ADJOURNMENT June 12, 2012 Page 3 of 3 Page 11 of 79 MOAB CITY COUNCIL REGULAR MEETING June 26, 2012 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, 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 Kyle Bailey, Kirstin Peterson, Jeffrey Davis and Gregg Stucki; City Treasurer Jennie Ross, Community Development Director David Olsen, City Engineer Rebecca Andrus, City Planner Jeff Reinhart, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM. Eight (8) members of the audience and media were present. Councilmember Davis moved to Approve the Regular Meeting Minutes of May 22, 2012, the Special Meeting Minutes of April 17, 18 and May 1, 2012. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. There were no Citizens to Be Heard. Under Community Development Department Update, Community Development Director Olsen stated that he had just started working on the Prospector Trail as well as the Moab entry signs and had been working with City Engineer Andrus on the Rotary Park project. Community Development Director Olsen then distributed photos of the recent fire. Community Development Director Olsen then stated that he was on the selection committee for the Lions Park interpretation panels. An Engineering Department Update was not given. Under Planning Department Update, Planning Director Reinhart gave an overview of the next Planning Commission meeting agenda. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster distributed photos of several projects that were underway and completed. Councilmember Bailey moved to approve a Special Business Event License for Moab Area Chamber of Commerce to Conduct a 4t of July Celebration in Swanny City Park. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve a Request for Special Use of Swanny City Park Moab Area Chamber of Commerce on July 4, 2012. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Waiver of Fees by the Moab Area Chamber of Commerce in an amount not to exceed $1,080. Councilmember Peterson seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Davis moved to approve a Moved -on Structure Permit REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE SPECIAL BUSINESS EVENT LICENSE FOR MOAB AREA CHAMBER OF COMMERCE, APPROVED USE OF SWANNY PARK, APPROVED WAIVER OF FEES APPROVED MOVED -ON STRUCTURE PERMIT, APPROVED June 26, 2012 Page 1 of 3 Page 12 of 79 ■ for Tyson Day to Conduct a Fireworks Stand Located at 355 South Main Street from June 27 to July 6 and July 22 to July 25, 2012. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Class II Beer License for Zachary Bynum to Conduct a Restaurant Located at 16 South Main Street. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Local Consent of a Limited - Service Restaurant Liquor License for Canyonlands Inn Incorporated Located at 16 South Main Street. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve a Local Consent of a Beer Only Restaurant License for Canyonlands Inn Incorporated Located at 16 South Main Street. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to approve a Local Consent of a Full -Service Restaurant Liquor License for Canyonlands Inn Incorporated Located at 16 South Main Street. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to approve a Peddler/Solicitor License for Coleman Chase, d.b.a. The Chill Mobile to Conduct a Beverage/Good Vending Truck. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Mayor Sakrison opened a public hearing on Proposed Resolution #10- 2012 — a Resolution Amending the 2011-2012 Fiscal Year Budget at 7:16 PM. No public comment was given. Mayor Sakrison closed the public hearing at 7:17 PM. Councilmember Peterson moved to approve an Amendment to an Interlocal Agreement by and between the City of Moab and Grand County for the Lions Park Pathway Project. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to Award of the Impact Fee Study Project Proposal to Horrocks Engineering. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve the Impact Fee Professional Services Agreement By and Between the City of Moab and Horrocks Engineers in the amount of $24,944. Councilmember Peterson seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Peterson moved to approve Proposed Ordinance #2012- 10 — An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials Salary. Councilmember Bailey seconded the motion. The motion carried 3-1 aye with Councilmember Stucki voting nay. CLASS II BEER LICENSE, APPROVED LOCAL CONSENT OF A LIMITED SERVICE RESTAURANT LIQUOR LICENSE, APPROVED LOCAL CONSENT OF A BEER ONLY RESTAURANT LICENSE, APPROVED LOCAL CONSENT OF A FULL SERVICE RESTAURANT LIQUOR LICENSE, APPROVED PEDDLER/SOLICITOR LICENSE, APPROVED PUBLIC HEARING OPENED PUBLIC HEARING CLOSED AMENDMENT TO INTERLOCAL AGREEMENT, APPROVED AWARD IMPACT FEE STUDY PROJECT PROPOSAL, APPROVED IMPACT FEE PROFESSIONAL SERVICES AGREEMENT, APPROVED PROPOSED ORDINANCE#2012- 10, APPROVED June 26, 2012 Page 2 of 3 Page 13 of 79 Councilmember Davis moved to approve Proposed Resolution #10-2012 —A Resolution Amending the 2011-2012 Fiscal Year Budget. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve Proposed Resolution #12- 2012 — A Resolution Extending the Time for Use of Water Impact Fees. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Under Reading of Correspondence, Mayor Sakrison read a letter thanking City Manager Metzler, Community Development Director Olsen and City Engineer Andrus for their help on the North Corridor Project. Under Administrative Report, City Manager Metzler stated that there would be no joint City/County Council meeting this month. City Manager Metzler continued that staff would be preparing the City budget to submit to the State Auditor's office, that the City Summer barbeque would be on July 13 and that staff had been working on a lot of projects. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that he had attended the Business Summit and that it had been really well attended and had been a very good event. Mayor Sakrison also stated that he had attended the Governor's Rural Partnership on June 25, 2012. Councilmember Stucki stated that he had attended the Solid Waste District Board meeting, that Chris Conrad was elected chair and that the board was fully staffed. Councilmember Davis inquired on the status of the tabled parking ordinance. City Manager Metzler stated that it would be on the next City Council Meeting Agenda with an explanatory memo. There were no bills to pay against the City of Moab. Councilmember Bailey moved to adjourn. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the Regular Council Meeting at 7:40 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder PROPOSED RESOLUTION #10- 2012, APPROVED PROPOSED RESOLUTION #12- 2012, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED ADJOURNMENT June 26, 2012 Page 3 of 3 Page 14 of 79 MOAB CITY COUNCIL REGULAR MEETING July 10, 2012 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, 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 Kyle Bailey, Kirstin Peterson, Jeffrey Davis and Gregg Stucki; City Treasurer Jennie Ross, Community Development Director David Olsen, City Engineer Rebecca Andrus, Public Works Director Jeff Foster, City Planner Jeff Reinhart, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM. Four (4) 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, City Engineer Andrus gave an update on the Highway 191 bike path project. Under Planning Department Update, Planning Director Reinhart stated that the General Plan meetings would begin soon and the open house would be on August 1, 2012. Planning Director Reinhart then stated that he had met with Joey Allred regarding developing the MAPS property for a senior housing/assisted living complex. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that staff had dealt with some storm drainage issues, theat the annual chip seal project would start that Friday and that the sidewalk repair project would soon be underway. Councilmember Peterson moved to approve a Peddler/Solicitor License for Jonsam Enterprises LLC, d.b.a. Jonsam Ice Cream to Conduct an Ice Cream Truck Business. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve a Request by Debbie Henderson for an Amplified Music Event at Old City Park on July 14, 2012 with the condition that amplified music stop by 9:00 PM. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve a Request by Sara Hatathley for an Amplified Music Event at Old City Park on July 30 to August 3, 2012. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Request from Staff to Refer Draft Ordinance #2012-06 to Amend Title 17.09.220, Off Street parking and Loading — Number of Spaces, by Changing the Language for On - Street Parking Exceptions in the C-3, Central Commercial Zone Back to REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PEDDLER/SOLICITOR LICENSE APPROVED AMPLIFIED MUSIC EVENT AT OLD CITY PARK, APPROVED AMPLIFIED MUSIC EVENT AT OLD CITY PARK, APPROVED DRAFT ORDINANCE #2012-06 REFERRED BACK TO PLANNING COMMISSION July 10, 2012 Page 1 of 2 Page 15 of 79 the Planning Commission. Councilmember Davis seconded the motion. The motion carried 4-0 aye. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that the draft parks alcohol policy would be on the next agenda, that staff had submitted the annual budget to the State Auditor and that the City Barbeque would be on July 13, 2012. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that the Grand County Economic Snapshot was out and that he had attended a Stakeholders meeting that day. Councilmember Bailey stated that this was the last year of the water bonds from 1977 for the Grand County Water Conservancy District. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $575,486.68. Councilmember Peterson seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Stucki moved to adjourn. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the Regular Council Meeting at 7:19 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED ADJOURNMENT July 10, 2012 Page 2 of 2 Page 16 of 79 m CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-51 21 FAX NUMBER (435) 259-4135 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCKI To: Honorable Mayor and City Council From: Donna Metzler, City Manager Date: July 10, 2012 Subject: Parks Alcohol Ordinance regarding Alcohol in City Parks I have completed a draft of the ordinance dealing with alcohol in city parks. Because of the number of changes needed to the code sections dealing with this topic, it was unwieldy and confusing to provide a `strike -out" version of the code revisions that enabled one to clearly see the changes. Because of this, I have provided a summary of the amendments to the code sections below. Current city code prohibits all consumption of alcohol in public buildings, streets and parks, with the exception of private events held at the Moab Arts and Recreation Center (MARC). The draft code revisions would additionally allow the sale and consumption of alcohol at Swanny Park, the Center Street Ballfield, the MARC in a public street, and at Grand -County owned facilities if certain conditions are met. The draft code would also allow (legally) private alcohol events to happen at the Grand Center and other county facilities. The draft code amends three separate section of City Code. Section 5.20.660 deals with the details of each location and the requirements for obtaining permission to consume and sell alcohol, Section 5.09.010 deals with special event licensing, and Section 12.20.040 deals with consumption of alcohol in public parks. Section 5.20.660 provides for most of the needed regulations for the sale and consumption of alcohol. For the sale and consumption of alcohol to be permitted at Swanny Park and the Center Street Ballfield, the following requirements must be met: 1. The event sponsor obtains a State of Utah Single Event Alcohol Permit or Temporary Special Event Beer Permit and abides by all terms and conditions of the State of Utah Permit. 2. The event sponsor obtains any applicable City of Moab alcohol licenses. 3. The event sponsor obtains a City of Moab Special Event Business License that ADM-MEM-12-07-002 Page 17 of 79 provides detailed information about the event. 4. The event sponsor obtains a City of Moab Park Use Permit for Swanny Park that provides detailed information about the use of the park. 5. The event sponsor obtains a Park Alcohol Permit. 6. Permitted Alcohol Events at Swanny City Park and the Center Street Ballpark shall limit the serving of alcohol to the hours of 11:00 a.m. until 7:00 p.m. 7. Areas designated for the serving of alcoholic beverages shall be located at least 100 feet away from designated playgrounds, the Skatepark and the Moab Recreation and Aquatic Center. For the sale and consumption of alcohol at the MARC to be permitted, the following requirements must be met: 1. The event sponsor obtains a State of Utah Single Event Alcohol Permit or Temporary Special Event Beer Permit and abides by all terms and conditions of the State of Utah Permit. 2. The event sponsor obtains any applicable City of Moab alcohol licenses. 3. The event sponsor obtains a City of Moab Special Event Business License that provides detailed information about the event. 4. The event sponsor executes an alcohol event use license with Moab Arts and Recreation Center staff and agrees to indemnify and hold the city harmless from all liability associated with the serving or consumption of alcoholic beverages at the facility; 5. The event sponsor pays the rental fee for use of the facility, as established from time to time by council resolution; and 6. The event sponsor complies with all license and rental terms and policies, city regulations and code provisions, and state laws concerning the consumption and distribution of alcohol. For the sale and consumption of alcohol in a city street to be permitted (for a beer, festival, for example), the following conditions must be met: 1. The event sponsor obtains a State of Utah Single Event Alcohol Permit or Temporary Special Event Beer Permit and abides by all terms and conditions of the Permit. 2. The event sponsor obtains any applicable City of Moab alcohol licenses. 3. The event sponsor obtains a City of Moab Special Event Business License that provides detailed information about the event. 4. The event sponsor obtains permission from the Moab City Council to temporarily close the street in question to regular vehicular traffic. 5. Permitted Alcohol Events on City streets shall limit the serving of alcohol to the hours of 11:00 a.m. until 9:00 p.m. For the sale and consumption of alcohol at Grand County facilities to be permitted, the following conditions must be met: 1. The event sponsor obtains approval from Grand County. ADM-MEM-12-07-002 Page 18 of 79 2. The event sponsor obtains a State of Utah Single Event Permit or Temporary Special Event Beer Permit and abides by all terms and conditions of the State of Utah Permit. 3. The event sponsor obtains any applicable City of Moab alcohol licenses. 4. The event sponsor obtains a City of Moab Special Event Business License that provides detailed information about the event. The draft code revisions add sidewalks to the list of public places where alcohol may not be consumed, served or distributed. This was an interesting oversight in the original code. The draft code revisions also allow for private events to serve alcohol at Grand County facilities provided that Grand County approves the event. The code revisions also amend the sections of code dealing with performing arts venues. Under current code, a special event license is not required when an event is held at an established performing arts venue. The revision would require a special event license if alcohol is to be sold at such venues. The revision also recognizes that the Grand Center can be a performing arts venue. Finally, the revisions change the prohibition against consuming alcohol in public parks found in Section 12.20.040. This document is still in draft form and your input would be appreciated. I would like to put this ordinance on the City Council agenda on July 31 for approval. ADM-MEM-12-07-002 Page 19 of 79 G-I ORDINANCE NO.2012-12 AN ORDINANCE AMENDING MOAB MUNICIPAL CODE SECTIONS 5.09.010, 5.20.660 and 12.20.040 PERTAINING TO THE SERVING, SALE AND CONSUMPTION OF ALCOHOL IN PARKS, PUBLIC BUILDINGS AND OTHER PUBLIC PLACES WHEREAS, the Moab Municipal Code addresses the issue of the serving, sale and consumption of alcohol in public places in section 5.09.010 and 12.20.040; and WHEREAS, the Moab Municipal Code addresses the issue of required licensing for special events in Section 5.09.010; and WHEREAS, the Moab City Council has determined that it is appropriate to permit the serving, sale and consumption of alcohol in additional public locations, subject to certain conditions and requirements; NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB do hereby ordain the Moab Municipal Code to be amended as follows: Moab Municipal Code Section 5.20.660 shall be amended to read as follows: 5.20.660 Consumption of alcohol in public places. A. No person shall consume, serve, or distribute alcoholic beverages in a public street, sidewalk, alley, building, park, or facility, except in conformity with the provisions of this section. Violation of this subsection is a strict liability offense punishable as a Class C misdemeanor. B. No event sponsor or other person shall charge an admission fee or otherwise charge a price for alcoholic beverages served and consumed in any public place, except in conformity with the provisions of this section. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. C. The serving and consumption of alcoholic beverages may be permitted at the Moab Arts and Recreation Center at privately hosted social gatherings not open to the public, provided each of the following requirements are met: 1. The event sponsor executes an alcohol event use license with Moab Arts and Recreation Center staff and agrees to indemnify and hold the city harmless from all liability associated with the serving or consumption of alcoholic beverages at the facility. 2. The event sponsor pays the rental fee for use of the facility, as established Ordinance #2012-12 July, 2012 Page 20 of 79 from time to time by council resolution. 3. The sponsor complies with all license and rental terms and policies, city regulations and code provisions, and state laws concerning the consumption and distribution of alcohol. D. The serving, consumption and sale of alcoholic beverages may be permitted by the City Council at Swanny City Park and the Center Street Ballfeld provided each of the following requirements are met: 1. The event sponsor obtains a State of Utah Single Event Alcohol Permit or Temporary Special Event Beer Permit and abides by all terms and conditions of the State of Utah Permit. 2. The event sponsor obtains any applicable City of Moab alcohol licenses. 3. The event sponsor obtains a City of Moab Special Event Business License that provides detailed information about the event. 4. The event sponsor obtains a City of Moab Park Use Permit for Swanny Park that provides detailed information about the use of the park. 5. The event sponsor obtains a Park Alcohol Permit. 6. Permitted Alcohol Events at Swanny City Park and the Center Street Ballpark shall limit the serving of alcohol to the hours of 11:00 a.m. until 7:00 p.m. 7. Areas designated for the serving of alcoholic beverages shall be located at least 100 feet away from designated playgrounds, the Skatepark and the Moab Recreation and Aquatic Center. E. The serving, consumption and sale of alcoholic beverages may be permitted by the City Council on a public street provided each of the following requirements are met: 1. The event sponsor obtains a State of Utah Single Event Alcohol Permit or Temporary Special Event Beer Permit and abides by all terms and conditions of the Permit. 2. The event sponsor obtains any applicable City of Moab alcohol licenses. 3. The event sponsor obtains a City of Moab Special Event Business License that provides detailed information about the event. 4. The event sponsor obtains permission from the Moab City Council to temporarily close the street in question to regular vehicular traffic. 5. Permitted Alcohol Events on City streets shall limit the serving of alcohol to the hours of 11:00 a.m. until 9:00 p.m. F. The serving, consumption and sale of alcoholic beverage may be permitted by the City Council at the Moab Arts and Recreation Center provided each of the following requirements are met: 1. The event sponsor obtains a State of Utah Single Event Alcohol Permit or Ordinance #2012-12 July, 2012 Page 21 of 79 5-1 Temporary Special Event Beer Permit and abides by all terms and conditions of the State of Utah Permit. 2. The event sponsor obtains any applicable City of Moab alcohol licenses. 3. The event sponsor obtains a City of Moab Special Event Business License that provides detailed information about the event. 4. The event sponsor executes an alcohol event use license with Moab Arts and Recreation Center staff and agrees to indemnify and hold the city harmless from all liability associated with the serving or consumption of alcoholic beverages at the facility; 5. The event sponsor pays the rental fee for use of the facility, as established from time to time by council resolution; and 6. The event sponsor complies with all license and rental terms and policies, city regulations and code provisions, and state laws concerning the consumption and distribution of alcohol. G. The serving, consumption and sale of alcoholic beverages at county - owned facilities within city limits may be permitted by the City Council provided each of the following conditions are met: 1. The event sponsor obtains approval from Grand County. 2. The event sponsor obtains a State of Utah Single Event Permit or Temporary Special Event Beer Permit and abides by all terms and conditions of the State of Utah Permit. 3. The event sponsor obtains any applicable City of Moab alcohol licenses. 4. The event sponsor obtains a City of Moab Special Event Business License that provides detailed information about the event. H. The serving and consumption of alcohol at privately -hosted social gathering not open to the public may be permitted at county -owned facilities provided each of the following conditions are met: 1. The event sponsor obtains approval from Grand County and follows all applicable policies and procedures. I. A "privately hosted social gathering" shall be defined as any social, recreational, or business event for which all or a portion of the Moab Arts and Recreation Center or Grand County facility has been leased or licensed, in advance, and the event or function is limited in attendance to people who have been specifically designated, by invitation or otherwise, and their guests. Privately hosted social gatherings shall not in any case be defined to include any event to which the public is invited, whether by advertisement or otherwise, or events where an admission fee is charged. J. No city employee, agent, or volunteer shall consume alcoholic beverages or participate in the serving or distribution of alcoholic beverages at any Ordinance #2012-12 July, 2012 Page 22 of 79 5-1 gathering authorized pursuant to this chapter while on duty or acting in an official capacity on behalf of city. Nothing in this subsection shall prohibit a city employee, agent, or volunteer from consuming or distributing alcoholic beverages at an event where such person is a guest or event participant. K. To be eligible for any license or permit pursuant to this chapter, an "event sponsor" shall be a natural person twenty-one years of age or older. L. No person shall allow or permit the serving of alcoholic beverages to any person under twenty-one years of age. All persons involved in the serving or distribution of alcoholic beverages do so under the supervision and direction of the event sponsor, who shall be personally responsible for compliance with all applicable license, city code, and state law provisions. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. M. The City Manager shall be authorized to promulgate such other and additional terms and conditions upon the use and occupancy of the facilities as may be deemed necessary and appropriate, depending upon the nature of the event planned. These additional terms may include, but shall not be limited to: 1. Limitations as to hours of operation; 2. Limits on the occupancy or total numbers of guests; 3. Security requirements; 4. Parking limitations; and 5. Any conditions reasonable related to the safety of event participants and the safety and peace of the general public. N. Any city enforcement officer may enter the premises of any event permitted under this section at any time to determine compliance with all applicable laws and conditions. Any law enforcement officer who deems that an event is out of compliance with applicable laws and conditions shall have the authority to curtail the event. Moab Municipal Code Section 5.09.010 D and E shall be amended to read as follows: D. With the exception of events that entail the serving, consumption and sale of alcoholic beverages, performing arts events held at established performing arts venues, including the Grand County High School Auditorium, the Moab Arts and Recreation Center, Star Hall, and the Grand Center shall not be considered special business events, provided that the sponsoring entity follows all other licensing requirement of this chapter. All events that entail the serving, consumption and sale of Ordinance #2012-12 July, 2012 Page 23 of 79 5-1 alcoholic beverages must meet with requirements of Moab Municipal Code Section 5.20.660 regarding the consumption of alcohol in public places. E. Performing arts events held at established performing art venues, including the Grand County High School Auditorium, the Moab Arts and Recreation Center, Star Hall and the Grand Center shall not be considered special events. Moab Municipal Code Section 12.20.040 shall be amended to read as follows: 12.20.040 Consumption or possession of alcoholic beverage prohibited. Except as provided for in Chapter 5.20.660, it is unlawful for any person to consume alcoholic beverages within any public park of the City. DATED this 31 st day of July, 2012. SIGNED: David L. Sakrison Mayor ATTEST: Rachel E. Stenta City Recorder Ordinance #2012-12 July, 2012 Page 24 of 79 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-51 21 FAx NUMBER (435) 259-41 35 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCK! To: Honorable Mayor and City Council From: Donna Metzler, City Manager \� Date: July 27, 2012 Subject: Special Event Permit for Canyonlands Community Recycling The City Special Events Committee has reviewed the application for the Special Event Business License for the Feast of India Fundraiser for Canyonlands Community Recycling. We have conferred with the coordinator for the event and are of the opinion that all issues with the event have been adequately addressed. Approval of this permit would be in compliance with Ordinance 2012-12. If Ordinance 2012-12 is not adopted prior to consideration of this permit, this item should be postponed or denied. The Special Events Committee recommends approval of the Special Business Event License Application for the Feast of India Fundraiser to be to be held on November 17, 2012. ADM-MEM-12-07-003 Page 25 of 79 6-9\ DATE PAID: AMOUNT PAID: RECEIPT NO.: 7/f/`% )._ SOD.°tt CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80.00 LICENSE #: ZONE: C� NAME OF EVENT: f1 F€P sr 0 lNia ► & n1 tyi2Ar1$ E g. ibg„ CM140t.1t A pd1aP fp nlrmunt 9 E''GCAI � __ NCB iC(-1J ) DESCRIPTION OF EVENT: NW) l~A-liS I N AmNNE(+ {11Z. tVkbArg NoPar4Ft'T' O-kert4-13-6rttntJ C.CP- LOCATION OF EVENT: Cap.P(rt1) Jr- MO -MG G WT PREMISES TO BE USED: tANO b4,11 p..1(2. g_oom (} WTCerfA45 TEMPORARY STRUCTURES TO BE USED (IF ANY): NI h DATES) AND TIME(S) OF EVENT: CA :UP-0 A-y ) NOVCIrI&R-.." 1- At'TI+Rt,A)M� r ra.c4) 11- ,201E - 1-10 PIA ANTICIPATED # OF EVENT PARTICIPANTS: Ur -rt 2A0 (iv\oRA LAI C-� : t50 , tl•- j 1'.DrNt P>✓e p�tt-v y , PF.(z6R1rM bta-ACTOR EVENT SPONSORS NAME: C.Postipn►t-k-N j,4 COMM) N 111 �� C,� to 6- ( SPONSOR'SADDRESS: Qr-) qhX ql (1tDrA4: tbG $. z00 rc) CITY: IMbp,p, 't sr. zS q. 3-691 ther.Cv PHONE: lAs . 1-1 OtiR g 6 W4Jk-e STATE: (AT ZIP: $4�32- SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: laf\-1} DR.1YQ1t S t Arc Nci.— ��1 n+l S SPONSORS SOCIAL SECURITY NUMBER: DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. i-t-iN Ct INVE QAN t Ifi AS.P- E-i/4ANt .,» �hs rornrM+NACtA � HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB L SE PRIN rNAME S) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPONSOR. Signature of Sponsor State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this day of NOTARY PUBLIC 1.t) l?i Date BETH JOSEPH Notary Public Commof Utah N0.808925 ify Comm. Wines Aug 8, 2015 _„•--- SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 26 of 79 5-2 Cr4rp.o,oet•se_re.- ....re==x7mi rig '41•4i4Z,- foP- Pt F6.prsi ,17••PVT*4 (4,, 41, t4- ,• t.! Soo ivvekg t&-v- F1,45-3 2_, :41741'1'-'•°• ° ?-:-- •-• -• - .• • L-1 , • •,I !MIS= fi'A ke•41-C4E-t•1 44.11 et 1\ At.cti.tok, To, BE. coswm E-0 ONI-11 DIA ENG,- itZet0, tisoe_pE,_fy, &E,ry 1447) ..•••• ( etmtcys.),Sti swtra,s kgbi\it- CZNiSvmE._ Rig Page 27 of 79 5-2 CI OF MOAB BUSINESS LICENSE COMPLIANCE FOR 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: 0(IS VI t4� MOAB CITY CODE: ' 1 • Q 1 , A9O SIGN PERMIT: 2M) V WD MOVER -ON NECESSARY: ❑ YES No REQUIRESPLANNING COMMISSION APPROVAL ❑ YES NO REVIEWEDBY ZONING ADMINISTRATOR: DATE: 1 ' � I I (tMMvNrty t~F1ytUr3la 4.35.2113.4R414, way-ca.() NAME OF APPLICANT: IZATI k DE PhS{rc lr I PRo(�RA M Na.E C71'02 - I (.AN4aN1.104D C A. PHONE: 41v,2571 •'4-49 1 Iwnvt, YCL: : I �o S. 100 - APPLICANTS MAILING ADDRESS: ‘.469__e_ 1 Po rAn-y 94- CITY MOB STATE: 1.1,i ZIP: $4S 3v BUSINESS NAME: C-A7VIDNWa-'1)S (uMnnuNlt) W_Lic,UN.6- i(09 BUSINESS LOCATION: lb &oX- 91-- Mb,n-2 kPr S4 -32L (6\ rcol "M PdE. kit-tn j-K- 6(Znkli1 rtnsTV-9 - 1$21.)- 5-06 l>Ji ZONE: CA DETAILED DESCRIPTION OF BUSINESS ACTIVITY: f_C.L- I S. A- ntbNPR-OF-tT Q,,$ot-N 1 LA,T+ atJ wF-h3S_ M, (, n N is 4w4kh-r-4C 0(.1 SoS5Pet NcrSlLtr1 R.1 E-nneuva9-P-4r.% 1146 frbflR Canv.°r)t) 1n R•Gnurit- RfcvSri- Jr P-EC1Gk-E- • �t 5 �a-N\ q 0.E,r+C.> ka..1_E6 art- ir. Lar iotcTCO,•> —4 lity , SKCI. � . k-k E-i•rr + D 1r1c4,Pi- a Paa(r<R L1Crt-NSS.CS kn? oV- NWErncnFsr� 11' \S'£R—_ -A -;CAS-1- o- f IOD1Pi-` ,IA1"L INEppstAkt J Ao Page 28 of 79 06/16/C 5-2 LOCAL CONSENT SINGLE EVENT PERMIT Date: Utah Department of Alcoholic Beverage Control Licensing and Compliance Division 1625 So. 900 West P.O. Box 30408 Salt Lake City, Utah 84130-0408 Fax: 801-977-6889 To Whom It May Concern: ,wibPs (City)(Town)(County) hereby grants its consent to the issuance of a single event permit to (-PcNrIliv4in tom MuN ixecti�U�� for an event to be held at: Location: Gip c4rrc€� Address: Iv N . Sao w. Street (ax.) organization, t�oai: ui PO Box City State Zip On the 11-On day(s) of NoArng.Ef--- 20 tL during the hours of I oo - l r. bQ, t IA/ , pursuant to the provisions of Section 32B-9, Utah Code for the purpose of sale, storage and consumption of alcoholic beverages on the premises of the event. Authorized Signature Name/Title Eff. 7.1.11 v11.4 page 7 of 28page 29 of 79 DATE PAID: AMOUNT PAID: RECEIPT NO.: 7/// p a. so" 8u a_os CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / 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 #: $180.00 $180.0o $65o.0o $80.00 $80.o0 APPLICANT'S PERSONAL INFORMATION FULL NAME: .J04'< O�R1tS HOME ADDRESS: SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER & STATE: (4M6R.r+'A D)t-Ft'rOP_J (brN trr LIYND_ Cr.Mr,o Nht‘,, CITY: jhpLl{i DATE OF BIRTH: y 1,16, OME PHONE: tf3S , zsq. 4-6c j STATE: ULT. ZIP: $yj 3L, BUSINESS INFORMATION BUSINESS NAME: <%rNIibNI AfNc, tprArno N 111 i�flr� LA-11•361 BUSINESS ADDRESS: P-t, El or. 60- (,G,p S, foci Y t4-o MF 4P, c4„ ) BUSINESS MAILING ADDRESS: 4c on- CITY: CnuP,- SALEs TAx ID #: N i i g I I BUSINESS PHONE: 43S . 110 • tig96, STATE: UT- ZIP: g4.53 L 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. ❑ CLASS I ❑ CLASS 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 FIYES (Requires `Local Consent' approved by City Council prior to State approval.) ccbt. ov farr, k5 c`m.aeKo) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: 'V)P 1 _ NVX-rI ff )� c w>tn 8 1 vt t-I PA4 t2�� t r3 Gi MDAg tg_FVs5., *Beer application is for 3.2% by weight only. Also requires a State license. 09/21/05 Page 30 of 79 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 pplicant's Signature IkPrON t�s , being first duly sworn, on his/her oath deposes and says: That he/she is thpplicant 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 t 1 day of ,-\„},-ty Sigg '8 61111 ssedx3 1=03 Aet 5Z6909 'oN 'wwoO gun la ;MS odd kntoN Hd3SOP H139 SEM JOSEPH Notary Public Scat. of Utah Comm. No. 808925 tAy Comm. Expires Aug 8, 2015 Page 31 of 79 5-5 CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: 1‘e'In ��bt� ' .41 ..�tuRAA�( t3L*J£MRU.__ 1A-. �17� s►Q P.M. G� D (J_nYf-D� (Q:2-1J • W . MCL__ LL 8`{<3Jj toEtsT'- „R- F�ltcT- ,No%Pc- -6)Nne.Jr1Si-e- {of:.. cANuee46-t--1DS �r,u�aNE�c1L,t iNC� C.crAi J 1/ IT) R-t.! , ft+,.)A1D*J..,i 1N4. pYN�SBI fad tA0Pro, Nso fD-o�7 or,c,p&k CJkNI�Ni AaDCJ �MMt2rtfT‘f �Cf C'1-tNd I / � 1 PLu�t' Wt�vSr MICSIDN t� Fa3i4PrCttJ(� SUSrk,N P{i�U ti Ry �rnt�wrik& tl n''�?�tS r,minuvt� tU P•-�r NJ c�- 1 KEV ® ��c� - , i 1 J 2. Please provide a floor plan or detailed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; N.E.cesf- �� Aire p I.,MN . 3. Please state the purpose of the association or entity conducting the event: CAN oNt.TrSDC (amM1»vIA�,11 44.E �tal,1G 1C fr r3aN!pmf-rr ofx.�Ns11..A floes tr+o2w4r41-4'�HkN4- �19Sn i�Nt1-it1tAl Py VI0tJ1;8,1•46 "fkt6 r•,ti.a f�uN1rl 't, RFpuLi 1 P�l)Sf� -tP.F0(4E—• `liit.nuE� KAI,� G1sREA-._ 0- 4 6tl?nsui% P1,12r I 4.r�.-g S)c1kC �P�pEP- tYaaxfF C F (1,, _n�JtG WAcT4_ naav�S wF E3J(au4tkia� PCxo5fuiS {�R‘S i� l Was`; ar P,,r 9C.A,C_ R-6Ctafj 1S01 4. I gr.4-41 t..sute.fl hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on No4 . R- , lol-L , starting at I- = 00 PM, and located at "tom 6P,mNIN ttN'�R-- (tp)2- N% , hoc w J for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: STATE OF UTAH SS COUNTY OF GRAND SUBSCRIBED AND SWr TO BEFORE ME BY THIS t I DAY OF �1 , BETH JOSEPH I Notary Public 1 Stat. of Utah Comm. No. 806925 My Comm. Expires Aug 8, 2016 I DATE: -,a c biovsi-p--7 ON Page 32 of 79 Elo f�tc?-arJ tedb�q fo(� 7 tfJAxMU 33 ;Lj �.if> G.i�tt, L°t Lam` 50o �.J �� , am Lvt a �a ovra t�r,,nok>sysf Pkat4-t4„7 sE-r,.�6,-.5 c4,r4SPh We-tni : bvk tul v W,4 % 8ti- ST44,n SUI.-v"V1-.(; 7 rAlt Ora . Page 33 of 79 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 _ M aao , [ city [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a full -service restaurant liquor license to: Business Name (DBA): CAD() G-tet 1 Applicant Entity/Business Owner: coir--A- Mc_F-a,Aayvd Location Address: 39 to 5 . W1 c,;,„, y\A oo h, cat- ,rt-f53c9— - a 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 1/2012 �- 1 Page 34 of 79 Memo To: From: Subject: Background City of Moab Planning and Zoning Department Correspondence PL-12-100 July 26, 2012 Honorable Mayor and Members of Council Jeff Reinhart, City Planner Recommendation for a Call to Public Hearing for Ordinance #2012-11 to Amend Title 17.00 of The Moab Municipal Code, Specifically Chapters 17.15, 17.42, 17.45, 17.48, and 17.51 and those Sections Dealing Specifically with the Area, Width, and Location Requirements for Residential Uses, as Referred to Council by the Planning Commission The attached Ordinance #2012-11 makes slight changes to the names of the zones as well as the development requirements of area, width and location for properties located in the R-2, R-3, and R-4. In summary, this text amendment will: 1. Clarify the individual zones by using more descriptive names, 2. Establish new density regulations for the higher density multi -family residential zones, 3. Reduce the setbacks for the smaller lot sizes, 4. Establish a new lower height restriction than the current height maximum of forty feet, and 5. Reduce the minimum home size from 700 to 500 square feet. The Planning Commission held a public hearing on June 28, 2012, and reviewed the ordinance. Three individuals were in attendance who opposed the ordinance and cited solar loss and lack of sustainability as their reasons for opposing the amendment. Discussion The number one barrier to affordable housing in the country is the lot size requirement. Several studies have indicated that the costs associated with large building lots are the leading contributor to a lack of affordable housing. Smaller lot sizes serve to: 1. Reduce initial infrastructure costs 2. Reduce costs of long term infrastructure maintenance by local jurisdictions 3. Provide a more efficient use of utilities �1 Page 35 of 79 PL-12-100 Moab City Council Ordinance #2012-II R-2, R-3, R-4 June 27, 2012 Reduced setbacks allow a greater use of the more affordable lot size and reduce costs of utility extensions. Installation of fewer pipes for water and sewer means costs savings for materials and shorter distances for trenching reduces labor and equipment time costs. Page 2 of 2 The reduction in the height of structures will lessen impacts of reduced setbacks and supposed loss of solar gain and the reduction in the size of the minimum home footprint will lead to some reduction in construction costs of main structures. Recommendation Staff recommends that Council send this ordinance to public hearing. p:\planning department\2012\correspondence\p1-12-100 cc r-2-r-4 amendment.docx Page 36 of 79 DRAFT ORDINANCE #2012-11 AN ORDINANCE TO AMEND TITLE 17.00 OF THE MOAB LAND USE CODE, SPECIFICALLY CHAPTERS 17.15, 17.42, 17.45, 17.48, and 17.51 AND THOSE SECTIONS DEALING SPECIFICALLY WITH THE AREA, WIDTH, AND LOCATION REQUIREMENTS FOR RESIDENTIAL USES WHEREAS, the City of Moab ("City")adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") in an effort to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and WHEREAS, it was identified by City Staff (Staff) and the Planning Commission ("Commission") that specific area, width and location requirements for residential uses in the R-2, R-3, and R-4 zones acted as barriers to affordable housing and contributed to costly sprawl; and WHEREAS, Staff and the Planning Commission recognize that the residential districts have been established in order to secure for the persons who reside in them a comfortable, healthy, safe, and pleasant environment, sheltered from incompatible and disruptive activities and to encourage a diversity of housing options; and WHEREAS, Staff and the Planning Commission have requested from Moab City Council ("Council') amendments to code chapters 17.15, 17.42, 17.45, 17.48, and 17.51 that deal with area, width and location requirements, for the residential zones; and, WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on , 2012, to hear and decide the merits of said amendment; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff favorably recommends to Council that the suggested amendment be adopted; and, WHEREAS, Council held a duly advertised public hearing during a regularly scheduled meeting to hear public evidence and review the recommendations from Staff and the Planning Commission on , 2012; and, WHEREAS, Council desires to encourage affordable housing in our community for all residents regardless of physical or mental health, race, or socio-economic level; and WHEREAS, Council desires to encourage a compact, more sustainable type of development to reduce sprawl, inefficient use of utilities, and reduced maintenance costs to the city for infrastructure. NOW, THEREFORE, Council hereby declares and ordains that the following changes are adopted and the specified code chapters and sections are amended as noted below: CHAPTER 17.15 ESTABLISHMENT OF ZONES Sections: 17.15.010 Scope and applicability. 17.15.020 Districts established. Page 37 of 79 17.15.030 Official zoning map. 17.15.040 Zone boundaries 17.15.050 Temporary zoning of annexed territory. 17.15.060 Residential area regulations summary. 17.15.010 Scope and applicability. The regulations of this chapter shall apply to all lands located within the corporate limits of the city. All lands, buildings, structures or appurtenances thereon located within the city that are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as provided in this chapter. 17.15.020 Districts established. In order to implement the general plan and the other purposes and provisions of this title, the city, is divided into residential, commercial, agricultural, industrial, and flood hazard zoning districts. The regulations as set out herein are uniform throughout each district. (a) Purpose for Zone Districts. (1) Residential Districts. In order to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities and to encourage a diversity of housing options, the following residential districts are established. Residential Zones Abbreviated Designation Zoning District Code Chapter R-1 Single- family Residential Zone 17.42 R-2 Two-family Residential Zone 17.45 R-3 Multi -family Residential Zone 17.48 R-4 Manufactured Housing Residential Zone 17.51 RA-1 Residential -Agricultural Zone 17.54 M I/RV-1 Mobile Home/Recreational Vehicle Parks Zone 17.35 Commercial Zones C-1 Commercial -Residential Zone 17.20 C-2 Commercial -Residential Zone 17.21 C-3 Central Commercial Zone 17.24 C-4 General Commercial Zone 17.27 C-5 Neighborhood Commercial Zone 17.30 RC Resort Commercial Zone 17.31 SAR Sensitive Area Resort Zone 17.32 Agricultural Zones A-2 Agricultural Zone 17.18 Industrial I-1 Industrial Zone 17.36 Flood Hazard FC-1 Flood Channel Zone 17.33 17.15.020 Official zoning map. Page 38 of 79 A. The location and boundaries of each of the zones are shown on the official zone map of the city, and said map is declared to be an official record and a part of this title. B. Whenever amendments or changes are made in zone boundaries, such amendments or changes shall be promptly made on the official subsequent to approval by city council. No amendment or change shall become effective until after it has been properly posted and attested to on the official zone map. C. No changes of any nature shall be made in the official zone map, except in conformity with the procedure set forth in this title. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this title and punishable as provided in this title. D. Regardless of the existence of purported copies of the official zone map which may from time to time be made or published, the official zone map, which shall be located in the office of the city recorder, shall be the final authority in determining current zoning status. 17.15.030 Zone boundaries. Where uncertainty exists with respect to the boundaries of various zones, the following rules shall apply: A. Where the intended boundaries on the zone map are approximately street or alley lines, said street or alleys shall be construed to be the zone boundaries. B. Where the indicated boundaries are approximately lot lines, said lot lines shall be construed to be the zone boundaries, unless otherwise indicated. C. Where land has not been subdivided into lots, the zone boundary shall be determined by the use of the scale of measurement shown on the map. D. Where other uncertainty exists, the appeal authority shall interpret the map. (Prior code § 27-5-3) (Ord. No. 10-06, 11-9-10) 17.15.040 Residential Area regulations summary. (a) Schedule of Residential Area Regulations. The following residential area regulations schedule summarizes the regulations of this code with regard to minimum lot size, minimum yards, maximum lot coverage, minimum floor area per dwelling unit, and maximum building height of residential uses in the various zoning districts. The standards shown in the following schedule may be modified by additional provisions contained in this section or in the individual district regulations. In the event of any conflict between the text of this section and the schedule of residential area regulations, the text shall control. Page 39 of 79 s` ' Residential Area Regulations Development Standard R-1 R-2 R-3 R-4 RA-1 Single-family Dwelling Minimum Lot Area/unit (sq ft) 10,000 5,000 5,000 5,000 43,560 Minimum Front Yard (ft) 25* 20 15 15 25* Minimum Side Yard, first side (ft) 10(i) 7 7 7 10 Minimum Side yard, second side (ft) 14 7 7 7 14 Minimum Side Yard, Corner 20 15 12 12 25 Minimum Rear Yard Inter. (ft) 15 12 12 10 25 Minimum Rear Yard Corner (ft) 25+ 15 15 8 20 Max Lot Coverage (%) - 60 60 60 - Max. Height (ft) 40 30 30 25 40 Min. Lot Width (ft) 90 50 50 50 125 Minimum Ground Floor Area/Structure (sq ft) 1,200 500 500 500 1,000 Duplex or Two-family Dwelling Minimum Lot Area/unit (sq ft) - 3,000 sq ft/dwelling 2,500 sq ft/dwelling 2,500 sq ft/dwelling - Minimum Front Yard (ft) - 20 15 15 - Minimum Side Yard, first side (ft) - 7 7 7 - Minimum Side yard, second side (ft) - 7 7 7 - Minimum Side Yard, Corner - 15 12 12 - Minimum Rear Yard Inter (ft) - 12 12 10 - Minimum Rear Yard Corner (ft) - 15 15 8 - Max Lot Coverage (%) - 60 60 60 - Development Standard R-1 R-2 R-3 R-4 RA-1 Duplex or Two-family Dwellin (continued) Max. Height (ft) - 30 30 25 - Page 40 of 79 Residential Area Regulations (continued) Min. Lot Width (ft) - 50 50 50 - Minimum Ground Floor Area/unit (sq ft) - 500 500 500 - Three, Four, Five or Six -family Dwelling Minimum Lot Area/unit (sq ft) - 2,000sq ft/dwelling 1800 sq ft/dwelling - Minimum Front Yard (ft) - 15 15 - Minimum Side Yard, first side (ft) - 7 7 - Minimum Side yard, second side (ft) - 7 7 - Minimum Side Yard, Corner 12 12 - Minimum Rear Yard Inter (ft) 12 10 - Minimum Rear Yard Corner (ft) 15 8 - Max Lot Coverage (%) 60 60 - Max. Height (ft) 30 25 - Min. Lot Width (ft) 50 50 - Minimum Ground Floor Area/unit (sq ft) 300 250 - r fifty-five feet from the centerline of any public street, whichever is greater. + For dwellings having an attached garage or carport the setback shall not be less than twenty feet. (1) Total of the two side setbacks shall be at least twenty-four feet. (2) For the purpose of determining front, side and rear setback requirements any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. (3) The minimum distance between dwellings located on the same or adjoining lots shall be sixteen feet and that the total width of the two side yards shall be not less than one-third of the frontage of the dwelling or other main building. Furthermore, the title for Chapter 17.42, shall be amended to read R-1 Single-family Residential Zone. AND, the title for Chapter 17.45, shall be amended to read R-2 Two-family Residential Zone, AND, Section 17.45.030 Area requirement shall be amended to read: "An area of not less than five thousand square feet shall be provided and maintained for each one -family dwelling and uses thereto. For two-family dwellings the lot size shall consist of a minimum of three thousand square feet per dwelling. For child day care centers and foster family care homes the building site shall contain at least ten thousand square feet. An area of not less than five acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. All church buildings shall have a building site area in which the area of the building is equal to Page 41 of 79 or less than twenty percent of the total parcel size area." AND, Section 17.45.040 Width requirements shall be amended to read: "The minimum width of any building site for a one -family dwelling or other building shall be fifty linear feet, measured at a distance of twenty-five feet back from the front lot line. " AND, Section 17.45.050 Location requirements, shall be amended to read: A. Front Setback. The minimum front setback for main buildings shall be twenty feet. The minimum front setback for fences, walls and hedges which do not exceed six feet in height along those properties that front on 3rd South, 4th East, 4th North and 5th West shall be twenty feet. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided, that the minimum distance between dwellings located on the same or adjoining lots shall be ten feet On corner lots, the side yard which faces on a street shall be not less than fifteen feet or 75% of the front yard setback. feet. C. Rear setback. The minimum rear setback for any main building shall be twelve AND, Section 17.45.060 Special provisions, B. shall be amended to read: B. The ground floor area of all dwellings shall be at least five hundred square feet. AND, the title for Chapter 17.48, R-3 RESIDENTIAL ZONE shall be amended to read R-3 Multi family Residential Zone. AND, Section 17.48.030 Area requirements, shall be amended to read: An area of not less than five thousand square feet shall be provided and maintained for each one -family dwelling and duplexes or two-family dwellings All other multi -family development shall provide a minimum of two thousand square feet per unit for three-family dwellings and above. Schools, churches, boarding houses and other main buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area. An area of not less than three acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. AND Section 17.48.040 Width requirements, shall be amended to read: The minimum width of any building site for a one -family dwelling or other buildings shall be fifty linear feet measured at a distance twenty-five feet back from the front lot line. AND, Section 17.48.050 Location requirements, shall be amended to read: Page 42 of 79 A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. The minimum setback for accessory buildings shall be at least twelve feet in the rear of the main building. No accessory building shall be constructed on a lot prior to the main building. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided that the minimum distance between dwellings located on the same or adjoining lots shall be more than ten feet. On corner lots, the side yard that faces on a street shall be not less than twelve feet. feet. C. Rear Setback. The minimum rear setback for any main building shall be twelve D. The minimum side setback for accessory buildings on interior and corner lots is listed in Section 17.09.560, accessory use or structure and shall be located a distance of at least twelve feet to the rear of any dwelling. AND, the title for Chapter 17.51, R-4 RESIDENTIAL ZONE shall be amended to read R-4 Manufactured Housing Residential Zone. AND, Section 17.51.030 Area requirements, shall be amended to read: "An area of not less than five thousand square feet shall be provided and maintained for each one -family dwelling. Two thousand five hundred square feet shall be provided for each unit of a duplex or two-family dwelling and one thousand eight hundred square feet shall be provided for each unit in a tri-plex or three-family or more dwelling. For child day care centers the building site shall contain at least ten thousand square feet. An area of not less than three acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. All non-residential uses such as church buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area. The area required to meet minimum off-street parking requirements shall not be included in the calculation of the total parcel size. AND, Section 17.51.040 Width requirements, shall be amended to read: The minimum width of any building site for a dwelling shall be fifty linear feet. AND, Section 17.51.050 Location requirements, shall be amended to read: A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. The minimum setback for accessory buildings shall be at least twelve feet in the rear of the main building. No accessory buildings shall be constructed on a lot prior to the main structure. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided, that the minimum distance between dwellings located on the same or adjoining lots shall be ten feet On corner lots, the side yard that faces on a street Page 43 of 79 shall be not less than twelve feet. C. Rear Setback. The minimum rear setback for any main building shall be ten feet. On corner lots, the rear setback shall be not less than eight feet. D. The minimum side setback for accessory buildings on interior and corner lots is listed in Section 17.09.560, accessory use or structure and shall be located a distance of at least twelve feet to the rear of any dwelling. AND, Section 17.51.060 Special provisions, shall be amended to read: The following special provisions shall apply in this zone in order to protect its essential characteristics and to promote the purposes of this title: A. For the purposes of determining front, side and rear setback requirements, any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. B. The ground floor area of all dwellings shall be at least five hundred square feet. C. The maximum permitted density of planned unit developments shall be eight dwelling units per acre, up to a maximum of ten units per acre utilizing affordable housing density bonuses. D. The minimum building site for a mobile home park and mobile home subdivision shall be not less than ten acres. In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the _ day of , 2012. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Page 44 of 79 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259-41 35 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCKI To: Honorable Mayor and City Council From: Donna Metzler, City Manager k-r-----' Date: July 27, 2012 Subject: Agreement with Four Corners Behavioral Health As you know the City administers CDBG grants on behalf of other agencies within the community. This requires administration of funds, record keeping, responsibility for compliance, etc. The attached agreement contains the standard provisions for the City's administration of the Willows Apartment project on behalf of Four Corners Behavioral Health. This project was approved for CDBG funding for the 2012 Calendar Year. City staff recommend approval of this agreement. Thank you for your consideration. ADM-MEM-12-07-004 Page 45 of 79 6- Agreement by and between the City of Moab and Four Corners Behavioral Health Providing for the Administration of Community Development Block Grant Funds for the Expansion of the Willows Apartments This agreement is made and entered into by and between the City of Moab, a Utah Body Politic, (hereinafter referred to as "CITY"), and Four Corners Behavioral Health, (herein after referred to as "Four Corners"). THIS AGREEMENT is made and entered into based upon the following representations made by the parties to each other: 1. The City of Moab is a duly created and existing body politic of the State of Utah and has the legal authority and power to enter into this Agreement and to execute the same by and through the undersigned Mayor of the CITY. 2. Four Corners is a duly created and existing nonprofit corporation under the laws of the State of Utah and has the legal authority and power to enter into this Agreement and to execute the same. PURPOSE OF THIS AGREEMENT: This agreement is entered into as a result of a Community Development Block Grant (CDBG) awarded to the CITY for the 2012 calendar year on behalf of Four Corners, for the purpose of expanding the Willows Apartments (hereinafter referred to as the "PROJECT"). All provisions herein are subordinate to and in fulfillment of the contract between the Utah Department of Community and Culture, Division of Housing and Community Development (herein after referred to as STATE) and the CITY for said Community Development Block Grant. AGREEMENT PERIOD: This agreement shall be effective after the signing of this agreement and shall terminate December 31, 2013, unless terminated sooner, in accordance with the terms and conditions of this agreement, or any other contract or agreement which may be entered into for the accomplishment of the above mentioned project. ADMINISTRATION OF FUNDS: The parties herby agree that CITY shall administer CDBG funds in the amount not to exceed $ . The Moab City Community Development Director shall act on behalf of the CITY as the primary contact and administrator of said funds. The Moab City Community Development Director shall coordinate funding for the PROJECT with Four Corners to ensure that the goals and requirements of the PROJECT as established by the terms of the Community Development Block Grant contract are achieved. The City shall review all invoices for the project as submitted to the CITY by Four Corners, and then coordinate submittal and Page 46 of 79 4-5 reimbursement of qualified project expenses with the appropriate CDBG representative. The CITY will reimburse Four Corners project expenses from CDBG proceeds. ADMINISTRATION OF PROJECT: The parties agree that Four Corners will administer procurement and construction of the PROJECT in accordance with Community Development Block Grant procurement and purchasing polices and procedures. Four Corners shall be responsible for quality control of the PROJECT and to inspect and correct work of contractors as needed. Four Corners shall comply will all applicable federal regulations and provide the CITY with all documentation requested to fulfill the Community Development Block Grant requirements. The CITY assumes no responsibility or liability in case Four Corners neglects to meet said policies, procedures and regulations. MAINTENANCE OF AFFORDABILITY: Four Corners shall maintain affordability standards as set forth by the terms of the Community Development Block Grant for at least five years following the date of the close-out of the Community Development Block contract. Any lapse of the maintenance of affordability of the project shall be the sole responsibility of Four Corners and not the CITY. Any penalties assessed or funds returned to CDBG due to the lapse of affordability or any other reason shall be paid by Four Corners and not the CITY. APPROVED by the Moab City Council in open session this 31 st day of July, 2012. Attest: Rachel Ellison, Recorder City of Moab David Sakrison, Mayor Four Corners Behavioral Health (J1)6, odily, Executive irector Page 47 of 79 RESOLUTION # 13-2012 A RESOLUTION AMENDING THE FISCAL YEAR 2012/2013 BUDGET WHEREAS, the City of Moab has proposed to amend the 2012/2013 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2012/2013 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2012/2013 Budget 1. General Fund 2. Community Development Fund 3. Capital Projects Fund Amended Amended Revenue Expenditures $ 8,292,625 $ 8,292,625 $ 852,575 $ 852,575 $ 1,039,000 $ 1,039,000 2012/2013 Fiscal Year Budget Amendments FUNDS REVENUES EXPENDITURES GENERAL FUND $591,600 $591,600 EXPENSES Recorder Prof & Technical 10-415-31 $16, 600 Transfer to Capital Projects 10-480-97 $575, 000 REVENUES Beginning Fund Balance 10-39-940 $591,600 COMMUNITY DEVELOPMENT FUND $29,200 $29,200 EXPENSES Lions Park Design 24-400-07 $23,200 Signage 24-400-23 $6, 000 REVENUES Beginning Fund Balance 24-39-209 $29,200 CAPITAL PROJECT FUND $82,100 $82,100 EXPENSES USU Setaside 41-790-45 $75, 000 Increase in Fund Balance 41-400-90 $7,100 REVENUES Transfer from General Fund 41-39-222 $575, 000 Beginning Fund Balance 41-39-561 ($492, 900) Resolution #13-2012 Page 1 of 2 Page 48 of 79 5-9 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 28th day of August, A.D., 2012. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City Recorder Resolution #13-2012 Page 2 of 2 Page 49 of 79 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Honorable Mayor and Councilmembers From: Rachel E. Stenta, City Recorder/Assistant City Manager Date: 7/27/2012 Re: Cafeteria and HRA Plan Amendments Mayor: Council: David L. Sakrison Kyle Bailey Jeffrey A. Davis Doug McElhaney Kirstin Peterson Gregg W. Stucki Our transition to a Health Savings Account (HSA) has necessitated some changes to our existing Cafeteria plans. Two Resolutions are presented for your approval to accommodate these changes. Resolution #14-2012 amends our Health Reimbursement Account (HRA), also known as Premium Reimbursement, to decrease the premium amounts allocated for reimbursement. This was due to the decrease in City health insurance premiums by election of a High Deductible Health Plan . Resolution #15-2012 effectively terminates our Cafeteria Plan, also known as the Flexible Spending Account (FSA). Since we now have an HSA for employees to make tax deferred contributions to, the federal regulations do not allow contributions to an FSA as well. Effectively, the HSA replaces the FSA and we must formally amend the Cafeteria Plan to reflect that. Please let me know if you have any questions. Thanks. REC-MEM-12-07-006 First EPA Green Power Community in the Nation Page 50 of 79 5-/0 RESOLUTION #14-2012 A RESOLUTION AMENDING THE CITY OF MOAB HEALTH REIMBURSEMENT ACCOUNT (HRA) PLAN WHEREAS, the City of Moab has previously adopted an HRA Plan; and WHEREAS, certain changes are now desireable; NOW, THEREFORE, we, the Governing Body of the City of Moab do herby amend the HRA Plan in the following particulars only: FURTHER, the effective date of this amendment is June 30, 2012. 1. ARTICLE III BENEFITS is amended to read as follows: SECTION 3.1 (c) ESTABLISHMENT OF PLAN (c) The Employer shall make available to each Participant an Employer Contribution for the reimbursement of Qualifying Medical Expenses. The Employer shall contribute the following annual amount: Any Employee who opts -out of the Employer sponsored Group Health Insurance shall receive the following annual amount: (1) $5,502.00 per year per single Participant; (2) $11,904.84 per year per Participant and 1 dependent; or (3) $17,099.52 per year per Participant and family. No salary reductions may be made to this Health Reimbursement Arrangement. IN WITNESS WHEREOF, this Amendment ONE has been executed this 31st day of July 2012. Passed and adopted by action of the Governing Body of the City of Moab in open session this 31st day of July, 2012. ATTEST: Rachel E. Stenta City Recorder By: David L. Sakrison Mayor Resolution #14-2012 Page 51 of 79 5-10 410 NATIONAL BENEFIT SERVICES, LLC Customer Care • Knowledge and Expertise Organizational Excellence July 23, 2012 Rachel Stenta Moab City Corporation 217 East Center Street Moab, UT 84532 RE: Plan Amendment — HRA Benefit Change Dear Rachel Stenta, We have completed the Plan Amendment procedure as requested for the Moab City Corporation HRA Plan including: 1. Amendment: Please print, sign and return a copy to National Benefit Services, LLC by July 30, 2012 (fax to (801) 823-2207 or mail is acceptable). 2. Adopting Resolution: Please print, sign and return a copy to our office. 3 Summary Plan Description/Summary of Material Modifications: As a courtesy an updated Summary Plan Description has been provided either this form or the Summary of Material Modifications should be copied and distributed to all Participants in the Plan. Distribution of both forms is not required. If you have any questions regarding these forms or if we may be of further assistance please feel free to call Tim Jones at (801) 532-4000 ext. 154 or toll free (800) 274-0503. Gina Maxwell Document Specialist Enclosures 8523 S. Redwood Road, West Jordan, UT 84088 • (801) 5324000, (800) 274-0503 • www.NBSbenefits.com Page 52 of 79 5-10 HRA PLAN Moab City Corporation HIGHLIGHTS Moab City Corporation has established a "HRA Plan" to help you pay for your out-of-pocket medical expenses. If you received a reimbursement for an expense under the Plan, you cannot claim a Federal income tax creditor deduction on your return. GENERAL PLAN INFORMATION Plan Name: Moab City Corporation HRA Plan Address: 217 East Center Street Moab, UT 84532 Telephone: (435)259-2683 Tax I.D. Number: 87-6000248 Plan Number: 502 Plan Effective Date: 9/1/2010 Amended: 6/30/2012 Coverage Period End: December 315f Plan Administrator: Moab City Corporation Company Contact. Rachel Ellison QUALIFIED EXPENSES The plan allows you to be reimbursed for certain out-of-pocket medical, dental andvision expenses which are incurred by you and your dependents. These would include drugs obtained through a prescription. The expenses, which qualify, are those permitted by Section 213 of the Internal Revenue Code. A list of some of the expenses that qualify is available from the Administrator. The plan also allows you to be reimbursed by the Employer for qualified insurance premiums, which are incurred by you or your dependents. Insurance Premiums under a spouse's Employer can qualify unless such coverage is currently reimbursed before tax under a Section 125 or comparable benefitplan (including Dental and Vision Insurance). ELIGIBILITY If you work 30 hours or more each week for the company, you will be eligible to join the Plan following your date of employment. You will enter the Plan on the first day of the month following your date of employment. BENEFIT The maximum Employer contribution allowed each year is: Any Employee who opts -out of the Employer sponsored Group Health Insurance shall receive the following annual amount: • $5,502.00 per year per single Participant; • $11,904.84 per year per Participant and 1 dependent; or • $17,099.52 per year per Participant and family. BENEFITS PAYMENT During the course of the Coverage Period, you may submit requests for reimbursement of expenses you have incurred. However, you must make your requests for reimbursements no later than 90 days after the end of the Coverage Period. The Administrator will provide you with acceptable forms for submitting these requests for reimbursement. In addition, you must submit to the Administrator proof of the expenses you have incurred and that they have not been paid by any other health plan coverage. If the request qualifies as a benefit or expense that the Plan has agreed to pay, you will receive a reimbursement payment soon thereafter. Remember, reimbursements made from the Plan are generally not subject to federalinwme tax or withholding. Nor are they subject to Social Security taxes. Expenses are considered "incurred" when the service is performed, not necessarily when it is paid for. You can get a claim form at www.nbsbenefits.com for reimbursement. Any monies left at the end of the Coverage Period will be forfeited. You must submit claims no later than 90 days after the end of the Coverage Period. HIGHLY COMPENSATED & KEY EMPLOYEES Under the Internal Revenue Code, "highly compensated employees" and "key employees" generally are Participants who are officers, shareholders or highly paid. If you are within these categories, the amount of contributions and benefits for you may be limited so that the Plan as a whole does not unfairly favor those who are highly paid, their spouses or their dependents. Please refer to your Summary Plan Description for more information. You will be notified of these limitations if you are affected. FAMILY AND MEDICAL LEAVE ACT Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan becomes subject to the requirements of the Family and Medical Leave Act of 1993 and regulations thereunder, this Plan shall be operated in accordance with proposed Regulation 1.125-3. ADDITIONAL PLAN INFORMATION As a participant in the Plan, you are entitled to certain rights and protections under the Employee Retirements Income Security Act of 1974 (ERISA). Please refer to your Summary Plan Description for more information on your ERISA rights. Updated July 23, 2012 NATIONAL BENEFIT RVICES, LLC c.Pomer care • Knowledge end Expertise Orgnntzatinnei Ercellevice (801) 532-4000 - Salt Lake City, UT Page 53 of 79 5-10 MOAB CITY CORPORATION H R A PLAN SUMMARY PLAN DESCRIPTION Updated July 23, 2012 Page 54 of 79 5-10 TABLE OF CONTENTS I 4 ELIGIBILITY 4 1. What Are the Eligibility Requirements for Our Plan? 4 2. When is My Entry Date? 4 3. Are There Any Employees Who Are Not Eligible? 4 II 4 BENEFITS 4 1. What Benefits Are Available? 4 2. When Must Expenses Be Incurred? 5 3. When Will I Receive Payments From the Plan? 5 4. What Happens If I Terminate Employment? 5 5. Family and Medical Leave Act (FMLA) 6 6. Uniformed Services Employment and Reemployment Rights Act (USERRA) 6 7. Newborn and Mothers Health Protection Act 6 8. Women's Health and Cancer Rights Act: 6 9. Qualified Medical Child Support Order 6 III 7 GENERAL INFORMATION ABOUT OUR PLAN 7 1. General Plan Information 7 2. Employer Information 7 3. Plan Administrator Information 7 4. Third Party Claims Administrator Information 7 5. Service of Legal Process 8 6. Type of Administration 8 IV 8 ADDITIONAL PLAN INFORMATION 8 1. Your Rights Under ERISA 8 2. How to Submit a Claim 9 V 11 CONTINUATION COVERAGE RIGHTS UNDER COBRA 11 1. What is COBRA Continuation Coverage? 11 2. Who Can Become a Qualified Beneficiary? 12 3. What is a Qualifying Event? 12 4. What Factors Should Be Considered When Determining to Elect COBRA Continuation Coverage? 13 5. What is the Procedure for Obtaining COBRA Continuation Coverage? 14 6. What is the Election Period and How Long Must It Last? 14 7. Is a Covered Employee or Qualified Beneficiary Responsible for Informing the Plan Administrator of the Occurrence of a Qualifying Event? 14 8. Is a Waiver Before the End of the Election Period Effective to End a Qualified Beneficiary's Election Rights? 16 2 Page 55 of 79 5-10 9. Is COBRA Coverage Available If a Qualified Beneficiary Has Other Group Health Plan Coverage or Medicare? 16 10. When May a Qualified Beneficiary's COBRA Continuation Coverage Be Terminated? 16 11. What Are the Maximum Coverage Periods for COBRA Continuation Coverage? 17 12. Under What Circumstances Can the Maximum Coverage Period Be Expanded? 18 13. How Does a Qualified Beneficiary Become Entitled to a Disability Extension? 18 14. Does the Arrangement Require Payment for COBRA Continuation Coverage? 18 15. Must the Arrangement Allow Payment for COBRA Continuation Coverage to Be Made in Monthly Installments? 18 16. What is Timely Payment for Payment for COBRA Continuation Coverage? 18 17. Must a Qualified Beneficiary Be Given the Right to Enroll in a Conversion Health Plan at the End of the Maximum Coverage Period for COBRA Continuation Coverage? 19 3 Page 56 of 79 5-10 HEALTH REIMBURSEMENT ARRANGEMENT INTRODUCTION We are pleased to establish this Health Reimbursement Arrangement to provide you with additional health coverage benefits. The benefits available under this Plan are outlined in this summary plan description. We will also tell you about other important information concerning the Plan, such as the rules you must satisfy before you become eligible and the laws that protect your rights. Read this summary plan description carefully so that you understand the provisions of our Plan and the benefits you will receive. You should direct any questions you have to the Administrator. There is a plan document on file, which you may review if you desire. In the event there is a conflict between this summary plan description and the plan document, the plan document will control. I ELIGIBILITY 1. What Are the Eligibility Requirements for Our Plan? You will be eligible to join the Plan as of your date of employment with us. 2. When is My Entry Date? Once you have met the eligibility requirements, your entry date will be the first day of the month coinciding with or following the date you met the eligibility requirements. 3. Are There Any Employees Who Are Not Eligible? Yes, there are certain employees who are not eligible to join the Plan. They are: - - Employees who are leased employees. - - Employees who are part-time. A part-time employee is someone who works, or is expected to work, less than 30 hours a week. - - Certain non-resident aliens whose income is not considered income earned within the United States under Federal tax laws. II BENEFITS 1. What Benefits Are Available? The plan allows you to be reimbursed for certain out-of-pocket medical, dental and vision expenses which are incurred by you and your dependents. These would include drugs obtained through a prescription. The expenses, which qualify, are those permitted by Section 213 of the Internal Revenue Code. A list of some of the expenses that qualify is available from the Administrator. 4 Page 57 of 79 5-10 The plan also allows you to be reimbursed by the Employer for qualified insurance premiums, which are incurred by you or your dependents. Insurance Premiums under a spouse's Employer can qualify unless such coverage is currently reimbursed before tax under a Section 125 or comparable benefit plan (including Dental and Vision Insurance). The maximum Employer contribution allowed each year is: Any Employee who opts -out of the Employer sponsored Group Health Insurance shall receive the following annual amount: (1) $5,502.00 per year per single Participant; (2) $11,904.84 per year per Participant and 1 dependent; or (3) $17,099.52 per year per Participant and family. We will provide you with a debit or credit card to use to pay for your medical expenses. The debit card that is issued to be used in conjunction with the Plan cannot be used to purchase "over-the- counter" drugs even with a prescription. "Over-the-counter" drugs prescribed to treat a medical condition, can only be reimbursed if you have a prescription from a doctor and only by completing a manual claim form and submitting a copy of the prescription with the form. The Administrator will provide you with further details. Expenses are considered "incurred" when the service is performed, not necessarily when it is paid for. Any amounts reimbursed to you under the Plan may not be claimed as a deduction on your personal income tax return nor reimbursed by other health plan coverage including our health flexible spending account. 2. When Must Expenses Be Incurred? You may submit expenses that you incur each "Coverage Period." A new "Coverage Period" begins each January la and ends December 31st. 3. When Will I Receive Payments From the Plan? During the course of the Coverage Period, you may submit requests for reimbursement of expenses you have incurred. However, you must make your requests for reimbursements no later than 90 days after the end of the Coverage Period. The Administrator will provide you with acceptable forms for submitting these requests for reimbursement. In addition, you must submit to the Administrator proof of the expenses you have incurred and that they have not been paid by any other health plan coverage. If the request qualifies as a benefit or expense that the Plan has agreed to pay, you will receive a reimbursement payment soon thereafter. Remember, reimbursements made from the Plan are generally not subject to federal income tax or withholding. Nor are they subject to Social Security taxes. 4. What Happens If I Terminate Employment? See Article V 5 Page 58 of 79 5-10 5. Family and Medical Leave Act (FMLA) If you take leave under the Family and Medical Leave Act, you may revoke or change your existing elections for health insurance. If your coverage in these benefits terminates, due to your revocation of the benefit while on leave or due to your non-payment of contributions, you will be permitted to reinstate coverage for the remaining part of the Plan Year upon your return. If you continue your coverage during your unpaid leave, you may pre -pay for the coverage, you may pay for your coverage on an after-tax basis while you are on leave, or you and your Employer may arrange a schedule for you to "catch up" your payments when you return. 6. Uniformed Services Employment and Reemployment Rights Act (USERRA) If you are going into or returning from military service, you may have special rights to health care coverage under your Health Reimbursement Arrangement under the Uniformed Services Employment and Reemployment Rights Act of 1994. These rights can include extended health care coverage. If you may be affected by this law, ask your Administrator for further details. 7. Newborn and Mothers Health Protection Act Group health plans generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under Federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). 8. Women's Health and Cancer Rights Act: This plan, as required by the Women's Health and Cancer Rights Act of 1998, will reimburse up to plan limits for benefits for mastectomy -related services including reconstruction and surgery to achieve symmetry between the breasts, prostheses, and complications resulting from a mastectomy (including lymphedema). Contact your Plan Administrator for more information. 9. Qualified Medical Child Support Order A medical child support order is a judgment, decree or order (including approval of a property settlement) made under state law that provides for child support or health coverage for the child of a participant. The child becomes an "altemate recipient" and can receive benefits under the health plans of the Employer, if the order is determined to be "qualified." You may obtain, without charge, a copy of the procedures goveming the determination of qualified medical child support orders from the Plan Administrator. 6 Page 59 of 79 5-10 III GENERAL INFORMATION ABOUT OUR PLAN This Section contains certain general information, which you may need to know about the Plan. 1. General Plan Information Moab City Corporation HRA Plan is the name of the Plan. Your Employer has assigned Plan Number 502 to your Plan. The provisions of your Plan become effective on June 30, 2012. The original effective date of the Plan is September 1, 2010. 2. Employer Information Your Employer's name, address, and identification number are: Moab City Corporation 217 East Center Street Moab, UT 84532 87-6000248 The Plan allows other employers to adopt its provisions. You or your beneficiaries may examine or obtain a complete list of employers, if any, who have adopted your Plan by making a written request to the Administrator. 3. Plan Administrator Information The name, address and business telephone number of your Plan's Administrator are: Moab City Corporation 217 East Center Street Moab, UT 84532 (435)259-2683 The Plan Administrator keeps the records for the Plan and is responsible for the administration of the Plan. The Administrator will also answer any questions you may have about our Plan. The Plan Administrator has the exclusive right to interpret the appropriate plan provisions. Decisions of the Administrator are conclusive and binding. You may contact the Administrator for any further information about the Plan. 4. Third Party Claims Administrator Information The name, address and business telephone number of the Third Party Claims Administrator are: National Benefit Services, LLC P.O. Box 6980 West Jordan, UT 84084 (800)274-0503 7 Page 60 of 79 5-10 The Third Party Claims Administrator is responsible for the actual processing of claims on behalf of the Plan Administrator. 5. Service of Legal Process The Employer is the Plan's agent for service of legal process. 6. Type of Administration The Plan is a health reimbursement arrangement and the administration is provided through a Third Party Claims Administrator. The Plan is not funded or insured. Benefits are paid from the general assets of the Employer. IV ADDITIONAL PLAN INFORMATION 1. Your Rights Under ERISA Plan Participants, eligible employees and all other employees of the Employer may be entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code. These laws provide that Participants, eligible employees and all other employees are entitled to: (1) Examine, without charge, at the Administrator's office, all Plan documents, including insurance contracts, collective bargaining agreements, and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor, and available at the Public Disclosure Room of the Employee Benefits Security Adm inistration. (2) Obtain copies of all Plan documents and other Plan information upon written request to the Administrator. The Administrator may charge a reasonable fee for the copies. (3) Continue health care coverage for a Plan Participant, Spouse, or other dependents if there is a loss of coverage under the Plan as a result of a qualifying event. Employees or dependents may have to pay for such coverage. (4) Review this summary plan description and the documents governing the Plan on the rules governing COBRA continuation coverage rights. If your claim for a benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules. If you have a claim for benefits, which is denied or ignored, in whole or in part, you may file suit in a state or Federal court. Under ERISA there are steps you can take to enforce the above rights. For instance, if you request materials from the Plan and do not receive them within thirty (30) days, you may file suit in a Federal court. In such a case, the court may request the Administrator to provide the materials and 8 Page 61 of 79 5-10 pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Administrator. If you have a claim for benefits, which is denied or ignored, in whole or in part, you may file suit in a state or Federal court. In addition, if a Plan Participant disagrees with the Plan's decision or lack thereof concerning the qualified status of a medical child support order, he or she may file suit in federal court. In addition to creating rights for Plan Participants, ERISA imposes obligations upon the individuals who are responsible for the operation of the Plan. The individuals who operate the Plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of the Plan Participants and their beneficiaries. No one, including the Employer or any other person, may fire a Plan Participant or otherwise discriminate against a Plan Participant in any way to prevent the Plan Participant from obtaining benefits under the Plan or from exercising his or her rights under ERISA. If it should happen that Plan fiduciaries misuse the Plan's money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees; for example, if it finds your claim is frivolous. If you have any questions about the Plan, you should contact the Administrator. If you have any questions about this statement, or about your rights under ERISA or the Health Insurance Portability and Accountability Act (HIPAA), or if you need assistance in obtaining documents from the Administrator, you should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in the telephone directory or the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration. 2. How to Submit a Claim When you have a Claim to submit for payment, you must: (1) Obtain a claim foil n from the Plan Administrator. (2) Complete the Employee portion of the form. (3) Attach copies of all bills from the service provider for which you are requesting reimbursement. A Claim is defined as any request for a Plan benefit, made by a claimant or by a representative of a claimant that complies with the Plan's reasonable procedure for making benefit Claims. The times listed are maximum times only. A period of time begins at the time the Claim is filed. Decisions will be made within a reasonable period of time appropriate to the circumstances. "Days" means calendar days. 9 Page 62 of 79 5-10 Notification of whether Claim is accepted or denied 30 days Extension due to matters beyond the control of the Plan 15 days Insufficient information on the Claim: Notification of 15 days Response by Participant 45 days Review of Claim denial 60 days The Plan Administrator will provide written or electronic notification of any Claim denial. The notice will state: (1) The specific reason or reasons for the denial. (2) Reference to the specific Plan provisions on which the denial was based. (3) A description of any additional material or information necessary for the claimant to perfect the Claim and an explanation of why such material or information is necessary. (4) A description of the Plan's review procedures and the time limits applicable to such procedures. This will include a statement of your right to bring a civil action under Section 502 of ERISA following a denial on review. (5) A statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the Claim; and (6) If the denial was based on an internal rule, guideline, protocol, or other similar criterion, the specific rule, guideline, protocol, or criterion will be provided free of charge. If this is not practical, a statement will be included that such a rule, guideline, protocol, or criterion was relied upon in making the denial and a copy will be provided free of charge to the claimant upon request. When you receive a denial, you will have 180 days following receipt of the notification in which to appeal the decision. You may submit written comments, documents, records, and other information relating to the Claim. If you request, you will be provided, free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the Claim. The period of time within which a denial on review is required to be made will begin at the time an appeal is filed in accordance with the procedures of the Plan. This timing is without regard to whether all the necessary information accompanies the filing. A document, record, or other information shall be considered relevant to a Claim if it: (1) was relied upon in making the Claim determination; 10 Page 63 of 79 5-10 (2) was submitted, considered, or generated in the course of making the Claim determination, without regard to whether it was relied upon in making the Claim determination; (3) demonstrated compliance with the administrative processes and safeguards designed to ensure and to verify that Claim determinations are made in accordance with Plan documents and Plan provisions have been applied consistently with respect to all claimants; (4) or constituted a statement of policy or guidance with respect to the Plan concerning the denied Claim. The review will take into account all comments, documents, records, and other information submitted by the claimant relating to the Claim, without regard to whether such information was submitted or considered in the initial Claim determination. The review will not afford deference to the initial denial and will be conducted by a fiduciary of the Plan who is neither the individual who made the adverse determination nor a subordinate of that individual. V CONTINUATION COVERAGE RIGHTS UNDER COBRA Under federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), certain employees and their families covered under this Arrangement will be entitled to the opportunity to elect a temporary extension of health coverage (called "COBRA continuation coverage") where coverage under the Arrangement would otherwise end. This notice is intended to inform Participants and beneficiaries, in summary fashion, of their rights and obligations under the continuation coverage provisions of COBRA, as amended and reflected in final and proposed regulations published by the Department of the Treasury. This notice is intended to reflect the law and does not grant or take away any rights under the law. The Plan Administrator or its designee is responsible for administering COBRA continuation coverage. Complete instructions on COBRA, as well as election forms and other information, will be provided by the Plan Administrator or its designee to Participants who become Qualified Beneficiaries under COBRA. The Arrangement itself can provide group health benefits and may also be used to provide health benefits through insurance. Whenever "Arrangement" is used in this section, it means any of the health benefits under this Plan. 1. What is COBRA Continuation Coverage? COBRA continuation coverage is the temporary extension of group health plan coverage that must be offered to certain Participants and their eligible family members (called "Qualified Beneficiaries") at group rates. The right to COBRA continuation coverage is triggered by the occurrence of a life event that results in the loss of coverage under the terms of the Arrangement (the "Qualifying Event"). The coverage must be identical to the coverage that the Qualified Beneficiary had immediately before the Qualifying Event, or if the coverage has been changed, the coverage must be identical to the coverage provided to similarly situated active employees who have not experienced a Qualifying Event (in other words, similarly situated non -COBRA beneficiaries). 11 Page 64 of 79 5-10 2. Who Can Become a Qualified Beneficiary? In general, a Qualified Beneficiary can be: (1) Any individual who, on the day before a Qualifying Event, is covered under the Arrangement by virtue of being on that day either a covered Employee, the Spouse of a covered Employee, or a Dependent child of a covered Employee. If, however, an individual who otherwise qualifies as a Qualified Beneficiary is denied or not offered coverage under the Arrangement under circumstances in which the denial or failure to offer constitutes a violation of applicable law, then the individual will be considered to have had the coverage and will be considered a Qualified Beneficiary if that individual experiences a Qualifying Event. (2) Any child who is born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage, and any individual who is covered by the Arrangement as an alternate recipient under a qualified medical support order. If, however, an individual who otherwise qualifies as a Qualified Beneficiary is denied or not offered coverage under the Arrangement under circumstances in which the denial or failure to offer constitutes a violation of applicable law, then the individual will be considered to have had the coverage and will be considered a Qualified Beneficiary if that individual experiences a Qualifying Event. The term "covered Employee" includes any individual who is provided coverage under the Arrangement due to his or her performance of services for the employer sponsoring the Arrangement. However, this provision does not establish eligibility of these individuals. Eligibility for Plan coverage shall be determined in accordance with Plan Eligibility provisions. An individual is not a Qualified Beneficiary if the individual's status as a covered Employee is attributable to a period in which the individual was a nonresident alien who received from the individual's Employer no earned income that constituted income from sources within the United States. If, on account of the preceding reason, an individual is not a Qualified Beneficiary, then a Spouse or Dependent child of the individual will also not be considered a Qualified Beneficiary by virtue of the relationship to the individual. A domestic partner is not a Qualified Beneficiary. Each Qualified Beneficiary (including a child who is born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage) must be offered the opportunity to make an independent election to receive COBRA continuation coverage. 3. What is a Qualifying Event? A Qualifying Event is any of the following if the Arrangement provided that the participant would lose coverage (i.e., cease to be covered under the same terms and conditions as in effect immediately before the Qualifying Event) in the absence of COBRA continuation coverage: (1) The death of a covered Employee. (2) The termination (other than by reason of the Employee's gross misconduct), or reduction of hours, of a covered Employee's employment. 12 Page 65 of 79 5-10 (3) The divorce or legal separation of a covered Employee from the Employee's Spouse. If the Employee reduces or eliminates the Employee's Spouse's Plan coverage in anticipation of a divorce or legal separation, and a divorce or legal separation later occurs, then the divorce or legal separation may be considered a Qualifying Event even though the Spouse's coverage was reduced or eliminated before the divorce or legal separation. (4) A covered Employee's enrollment in any part of the Medicare program. (5) A Dependent child's ceasing to satisfy the Arrangement's requirements for a Dependent child (for example, attainment of the maximum age for dependency under the Arrangement). If the Qualifying Event causes the covered Employee, or the covered Spouse or a Dependent child of the covered Employee, to cease to be covered under the Arrangement under the same terms and conditions as in effect immediately before the Qualifying Event (or in the case of the bankruptcy of the Employer, any substantial elimination of coverage under the Arrangement occurring within 12 months before or after the date the bankruptcy proceeding commences), the persons losing such coverage become Qualified Beneficiaries under COBRA if all the other conditions of COBRA are also met. For example, any increase in contribution that must be paid by a covered Employee, or the Spouse, or a Dependent child of the covered Employee, for coverage under the Arrangement that results from the occurrence of one of the events listed above is a loss of coverage. The taking of leave under the Family and Medical Leave Act of 1993 ("FMLA") does not constitute a Qualifying Event. A Qualifying Event will occur, however, if an Employee does not return to employment at the end of the FMLA leave and all other COBRA continuation coverage conditions are present. If a Qualifying Event occurs, it occurs on the last day of FMLA leave and the applicable maximum coverage period is measured from this date (unless coverage is lost at a later date and the Arrangement provides for the extension of the required periods, in which case the maximum coverage date is measured from the date when the coverage is lost.) Note that the covered Employee and family members will be entitled to COBRA continuation coverage even if they failed to pay the employee portion of premiums for coverage under the Arrangement during the FMLA leave. 4. What Factors Should Be Considered When Determining to Elect COBRA Continuation Coverage? You should take into account that a failure to continue your group health coverage will affect your rights under federal law. First, you can lose the right to avoid having pre-existing condition exclusions applied by other group health plans if there is more than a 63-day gap in health coverage and election of COBRA continuation coverage may help you avoid such a gap. Second, if you do not elect COBRA continuation coverage and pay the appropriate premiums for the maximum time available to you, you will lose the right to convert to an individual health insurance policy, which does not impose such pre-existing condition exclusions. Finally, you should take into account that you have special enrollment rights under federal law (HIPAA). You have the right to request special enrollment in another group health plan for which you are otherwise eligible (such as a plan sponsored by your Spouse's employer) within 30 days after Plan coverage ends due to a Qualifying Event listed above. You will also have the same special right at the end of COBRA continuation coverage if you get COBRA continuation coverage for the maximum time available to you. 13 Page 66 of 79 5-10 5. What is the Procedure for Obtaining COBRA Continuation Coverage? The Arrangement has conditioned the availability of COBRA continuation coverage upon the timely election of such coverage. An election is timely if it is made during the election period. 6. What is the Election Period and How Long Must It Last? The election period is the time period within which the Qualified Beneficiary must elect COBRA continuation coverage under the Arrangement. The election period must begin not later than the date the Qualified Beneficiary would lose coverage on account of the Qualifying Event and must not end before the date that is 60 days after the later of the date the Qualified Beneficiary would lose coverage on account of the Qualifying Event or the date notice is provided to the Qualified Beneficiary of her or his right to elect COBRA continuation coverage. Note: If a covered employee who has been terminated or experienced a reduction of hours qualifies for a trade readjustment allowance or altemative trade adjustment assistance under a federal law called the Trade Act of 2002, and the employee and his or her covered dependents have not elected COBRA coverage within the normal election period, a second opportunity to elect COBRA coverage will be made available for themselves and certain family members, but only within a limited period of 60 days or less and only during the six months immediately after their group health plan coverage ended. Any person who qualifies or thinks that he or she and/or his or her family members may qualify for assistance under this special provision should contact the Plan Administrator or its designee for further information. The Trade Act of 2002 also created a new tax credit for certain TAA-eligible individuals and for certain retired employees who hare receiving pension payments from the Pension Benefit Guaranty Corporation (PBGC) (eligible individuals). Under the new tax provisions, eligible individuals can either take a tax credit or get advance payment of 65% of premiums paid for qualified health insurance, including continuation coverage. If you have questions about these new tax provisions, you may call the Health Coverage Tax Credit Consumer Contact Center toll -free at 1-866-628-4282. TTD/TTY callers may call toll -free at 1-866-626-4282. More information about the Trade Act is also available at www.doleta.gov/tradeact/2002act_index.asp. 7. Is a Covered Employee or Qualified Beneficiary Responsible for Informing the Plan Administrator of the Occurrence of a Qualifying Event? The Arrangement will offer COBRA continuation coverage to Qualified Beneficiaries only after the Plan Administrator or its designee has been timely notified that a Qualifying Event has occurred. The Employer will notify the Plan Administrator or its designee of the Qualifying Event within 30 days following the date coverage ends when the Qualifying Event is: (1) the end of employment or reduction of hours of employment, (2) death of the employee, (3) commencement of a proceeding in bankruptcy with respect to the Employer, or (4) enrollment of the employee in any part of Medicare, 14 Page 67 of 79 5-10 IMPORTANT: For the other Qualifying Events (divorce or legal separation of the employee and spouse or a dependent child's losing eligibility for coverage as a dependent child), you or someone on your behalf must notify the Plan Administrator or its designee in writing within 60 days after the Qualifying Event occurs, using the procedures specified below. If these procedures are not followed or if the notice is not provided in writing to the Plan Administrator or its designee during the 60-day notice period, any spouse or dependent child who loses coverage will not be offered the option to elect continuation coverage. You must send this notice to the Plan Administrator or its designee. NOTICE PROCEDURES: Any notice that you provide must be in writing. Oral notice, including notice by telephone, is not acceptable. You must mail, fax or hand -deliver your notice to the person, department or firm listed below, at the following address: Moab City Corporation 217 East Center Street Moab, UT 84532 If mailed, your notice must be postmarked no later than the last day of the required notice period. Any notice you provide must state: • the name of the plan or plans under which you lost or are losing coverage, • the name and address of the employee covered under the plan, • the name(s) and address(es) of the Qualified Beneficiary(ies), and • the Qualifying Event and the date it happened. If the Qualifying Event is a divorce or legal separation, your notice must include a copy of the divorce decree or the legal separation agreement. Be aware that there are other notice requirements in other contexts, for example, in order to qualify for a disability extension. Once the Plan Administrator or its designee receives timely notice that a Qualifying Event has occurred, COBRA continuation coverage will be offered to each of the qualified beneficiaries. Each Qualified Beneficiary will have an independent right to elect COBRA continuation coverage. Covered employees may elect COBRA continuation coverage for their spouses, and parents may elect COBRA continuation coverage on behalf of their children. For each Qualified Beneficiary who elects COBRA continuation coverage, COBRA continuation coverage will begin on the date that coverage would otherwise have been lost (if under your coverage the COBRA period begins on the date of the Qualifying Event, even though coverage actually ends later (e.g., at the end of the month) substitute the appropriate language, e.g. "on the date of the Qualifying Event"). If you or your spouse or dependent children do not elect continuation coverage within the 60-day election period described above, the right to elect continuation coverage will be lost. 15 Page 68 of 79 5-10 8. Is a Waiver Before the End of the Election Period Effective to End a Qualified Beneficiary's Election Rights? If, during the election period, a Qualified Beneficiary waives COBRA continuation coverage, the waiver can be revoked at any time before the end of the election period. Revocation of the waiver is an election of COBRA continuation coverage. However, if a waiver is later revoked, coverage need not be provided retroactively (that is, from the date of the loss of coverage until the waiver is revoked). Waivers and revocations of waivers are considered made on the date they are sent to the Plan Administrator or its designee, as applicable. 9. Is COBRA Coverage Available If a Qualified Beneficiary Has Other Group Health Plan Coverage or Medicare? Qualified Beneficiaries who are entitled to elect COBRA continuation coverage may do so even if they are covered under another group health plan or are entitled to Medicare benefits on or before the date on which COBRA is elected. However, a Qualified Beneficiary's COBRA coverage will terminate automatically if, after electing COBRA, he or she becomes entitled to Medicare or becomes covered under other group health plan coverage (but only after any applicable preexisting condition exclusions of that other plan have been exhausted or satisfied). 10. When May a Qualified Beneficiary's COBRA Continuation Coverage Be Terminated? During the election period, a Qualified Beneficiary may waive COBRA continuation coverage. Except for an interruption of coverage in connection with a waiver, COBRA continuation coverage that has been elected for a Qualified Beneficiary must extend for at least the period beginning on the date of the Qualifying Event and ending not before the earliest of the following dates: (1) The last day of the applicable maximum coverage period. (2) The first day for which Timely Payment is not made to the Arrangement with respect to the Qualified Beneficiary. (3) The date upon which the Employer ceases to provide any group health plan (including a successor plan) to any employee. (4) The date, after the date of the election, that the Qualified Beneficiary first becomes covered under any other Plan that does not contain any exclusion or limitation with respect to any pre-existing condition, other than such an exclusion or limitation that does not apply to, or is satisfied by, the Qualified Beneficiary. (5) The date, after the date of the election that the Qualified Beneficiary first enrolls in the Medicare program (either part A or part B, whichever occurs earlier). (6) In the case of a Qualified Beneficiary entitled to a disability extension, the later of: (a) (i) 29 months after the date of the Qualifying Event, or (ii) the first day of the month that is more than 30 days after the date of a final determination under Title II or XVI of the Social Security Act that the disabled Qualified Beneficiary whose disability 16 Page 69 of 79 5-10 (b) resulted in the Qualified Beneficiary's entitlement to the disability extension is no longer disabled, whichever is earlier; or the end of the maximum coverage period that applies to the Qualified Beneficiary without regard to the disability extension. The Arrangement can terminate for cause the coverage of a Qualified Beneficiary on the same basis that the Arrangement terminates for cause the coverage of similarly situated non -COBRA beneficiaries, for example, for the submission of a fraudulent claim. In the case of an individual who is not a Qualified Beneficiary and who is receiving coverage under the Arrangement solely because of the individual's relationship to a Qualified Beneficiary, if the Arrangement's obligation to make COBRA continuation coverage available to the Qualified Beneficiary ceases, the Arrangement is not obligated to make coverage available to the individual who is not a Qualified Beneficiary. 11. What Are the Maximum Coverage Periods for COBRA Continuation Coverage? The maximum coverage periods are based on the type of the Qualifying Event and the status of the Qualified Beneficiary, as shown below. (1) In the case of a Qualifying Event that is a termination of employment or reduction of hours of employment, the maximum coverage period ends 18 months after the Qualifying Event if there is not a disability extension and 29 months after the Qualifying Event if there is a disability extension. (2) In the case of a covered Employee's enrollment in the Medicare program before experiencing a Qualifying Event that is a termination of employment or reduction of hours of employment, the maximum coverage period for Qualified Beneficiaries other than the covered Employee ends on the later of: (3) (a) 36 months after the date the covered Employee becomes enrolled in the Medicare program; or (b) 18 months (or 29 months, if there is a disability extension) after the date of the covered Employee's termination of employment or reduction of hours of employment. In the case of a Qualified Beneficiary who is a child born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage, the maximum coverage period is the maximum coverage period applicable to the Qualifying Event giving rise to the period of COBRA continuation coverage during which the child was born or placed for adoption. (4) In the case of any other Qualifying Event than that described above, the maximum coverage period ends 36 months after the Qualifying Event. 17 Page 70 of 79 5-10 12. Under What Circumstances Can the Maximum Coverage Period Be Expanded? If a Qualifying Event that gives rise to an 18-month or 29-month maximum coverage period is followed, within that 18- or 29-month period, by a second Qualifying Event that gives rise to a 36-months maximum coverage period, the original period is expanded to 36-months, but only for individuals who are Qualified Beneficiaries at the time of and with respect to both Qualifying Events. In no circumstance can the COBRA maximum coverage period be expanded to more than 36-months after the date of the first Qualifying Event. The Plan Administrator must be notified of the second qualifying event within 60 days of the second qualifying event. This notice must be sent to the Plan Administrator or its designee and in accordance with the procedures above. 13. How Does a Qualified Beneficiary Become Entitled to a Disability Extension? A disability extension will be granted if an individual (whether or not the covered Employee) who is a Qualified Beneficiary in connection with the Qualifying Event that is a termination or reduction of hours of a covered Employee's employment, is determined under Title II or XVI of the Social Security Act to have been disabled at any time during the first 60 days of COBRA continuation coverage. To qualify for the disability extension, the Qualified Beneficiary must also provide the Plan Administrator with notice of the disability determination on a date that is both within 60 days after the date of the determination and before the end of the original 18-month maximum coverage. This notice must be sent to the Plan Administrator or its designee and in accordance with the procedures above. 14. Does the Arrangement Require Payment for COBRA Continuation Coverage? For any period of COBRA continuation coverage under the Arrangement, Qualified Beneficiaries who elect COBRA continuation coverage may be required to pay up to 102% of the applicable premium and up to 150% of the applicable premium for any expanded period of COBRA continuation coverage covering a disabled Qualified Beneficiary due to a disability extension. Your Plan Administrator will inform you of any costs. The Arrangement will terminate a Qualified Beneficiary's COBRA continuation coverage as of the first day of any period for which timely payment is not made. 15. Must the Arrangement Allow Payment for COBRA Continuation Coverage to Be Made in Monthly Installments? Yes. The health coverage is also permitted to allow for payment at other intervals. 16. What is Timely Payment for Payment for COBRA Continuation Coverage? Timely Payment means a payment made no later than 30 days after the first day of the coverage period. Payment that is made to the Arrangement by a later date is also considered Timely Payment if either under the terms of the Arrangement, covered employees or Qualified Beneficiaries are allowed until that later date to pay for their coverage for the period or under the terms of an arrangement between the Employer and the entity that provides benefits on the Employer's behalf, the Employer is allowed until that later date to pay for coverage of similarly situated non -COBRA beneficiaries for the period. 18 Page 71 of 79 5-10 Notwithstanding the above paragraph, the Arrangement does not require payment for any period of COBRA continuation coverage for a Qualified Beneficiary earlier than 45 days after the date on which the election of COBRA continuation coverage is made for that Qualified Beneficiary. Payment is considered made on the date on which it is postmarked to those providing coverage. If Timely Payment is made to the Arrangement in an amount that is not significantly less than the amount the Arrangement requires to be paid for a period of coverage, then the amount paid will be deemed to satisfy the Arrangement's requirement for the amount to be paid, unless the Arrangement notifies the Qualified Beneficiary of the amount of the deficiency and grants a reasonable period of time for payment of the deficiency to be made. A "reasonable period of time" is 30 days after the notice is provided. A shortfall in a Timely Payment is not significant if it is no greater than the lesser of $50 or 10% of the required amount. 17. Must a Qualified Beneficiary Be Given the Right to Enroll in a Conversion Health Plan at the End of the Maximum Coverage Period for COBRA Continuation Coverage? If a Qualified Beneficiary's COBRA continuation coverage under a group health plan ends as a result of the expiration of the applicable maximum coverage period, the Arrangement will, during the 180 day period that ends on that expiration date, provide the Qualified Beneficiary with the option of enrolling under a conversion health plan if such an option is otherwise generally available to similarly situated non -COBRA beneficiaries under the Arrangement. If such a conversion option is not otherwise generally available, it need not be made available to Qualified Beneficiaries. IF YOU HAVE QUESTIONS If you have questions about your COBRA continuation coverage, you should contact the Plan Administrator or its designee. For more information about your rights under ERISA, including COBRA, the Health Insurance Portability and Accountability Act (HIPAA), and other laws affecting group health plans, contact the nearest Regional or District Office of the U.S. Depat Intent of Labor's Employee Benefits Security Administration (EBSA). Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA's Web site at www.dol.gov/ebsa. KEEP YOUR PLAN ADMINISTRATOR INFORMED OF ADDRESS CHANGES In order to protect your family's rights, you should keep the Plan Administrator informed of any changes in the addresses of family members. You should also keep a copy, for your records, of any notices you send to the Plan Administrator or its designee. 19 Page 72 of 79 5-10 SUMMARY OF MATERIAL MODIFICATIONS MOAB CITY CORPORATION HEALTH REIMBURSEMENT ACCOUNT I INTRODUCTION Moab City Corporation has amended your Health Reimbursement Account Plan as of June 30, 2012. This is merely a summary of the most important changes to the Plan. It is presented to you as an addition to the Summary Plan Description. If you have any questions, contact the Administrator. A copy of the Plan, including this amendment, is available for your inspection. If there is any discrepancy between the terms of the Plan or the amendment itself and this summary of material modifications, the provisions of the Plan, as amended, will control. II GENERAL INFORMATION ABOUT THE PLAN There is certain general information which you may need to know about Amendment Number ONE to the Plan. This information has been summarized for you in this Section. 1. General Plan Information Moab City Corporation HRA Plan is the name of the Plan. The amended provisions of the Plan become effective on June 30, 2012, unless otherwise provided. Your Employer has assigned Plan Number 502 to your Plan. 2. Employer Information Your Employer's name, address and identification number are: Moab City Corporation 217 East Center Street Moab, UT 84532 87-6000248 3. Administrator Information The name, address and business telephone number of the Administrator are: Moab City Corporation 217 East Center Street Moab, UT 84532 (435)259-2683 1 Page 73 of 79 5-10 The Administrator has the complete power, in its sole discretion to determine all questions arising in connection with the administration, interpretation, and application of the Plan (and any related documents and underlying policies). Any such determination by the Administrator is conclusive and binding upon all persons. III SUMMARY OF CHANGES 1. Benefit The maximum Employer contribution allowed each year is: Any Employee who opts -out of the Employer sponsored Group Health Insurance shall receive the following annual amount: (1) $5,502.00 per year per single Participant; (2) $11,904.84 per year per Participant and 1 dependent; or (3) $17,099.52 per year per Participant and family. 2 Page 74 of 79 5-10 RESOLUTION #15-2012 A RESOLUTION AMENDING THE CITY OF MOAB CAFETERIA PLAN BY THIS AGREEMENT, Moab City Corporation Cafeteria Plan (herein referred to as the "Plan") is hereby amended as follows, effective as of June 1, 2012 except as otherwise provided: 1. The Plan is amended by adding the following provisions: WHEREAS, as of June 1, 2012 the Plan was terminated; INTERPRETATION OF AGREEMENT (a) The Employer stopped contributions and terminated the Plan as of June 1, 2012 and directed that remaining benefit payments (claim reimbursements) to Participants be made as soon as is administratively feasible. (b) The Plan is being amended in order to maintain its qualified status under ERISA and the Code. (c) All provisions of the Plan shall be construed and interpreted in a manner consistent with the stopping of contributions and the Plan's termination as of June 1, 2012. IN WITNESS WHEREOF, this Amendment FIVE has been executed this 31st day of July 2012. Passed and adopted by action of the Governing Body of the City of Moab in open session this 31st day of July, 2012. ATTEST: Rachel E. Stenta City Recorder By: David L. Sakrison Mayor Resolution #15-2012 Page 75 of 79 5-11 410 NATIONAL BENEFIT SERVICES, LLC Customer Care • Knowledge and Expertise Organizational Excellence July 18, 2012 Rachel Stenta Moab City Corporation 217 East Center Street Moab, UT 84532 RE: Plan Amendment — Plan Termination Dear Rachel Stenta, We have completed the Plan Amendment procedure as requested for the Moab City Corporation Cafeteria Plan including: 1. The Plan Amendment: Please print, sign and return a copy to National Benefit Services, LLC by July 25, 2012 (fax to (801) 823-2207 or mail is acceptable). 2. Adopting Resolution: Please print, sign and return a copy to our office. If you have any questions regarding these forms or if we may be of further assistance please feel free to call Tim Jones, at (801) 532-4000 ext. 154 or toll free (800) 274-0503. Cordially, McyLwee, Gina Maxwell Document Specialist Enclosures 8523 S. Redwood Road, West Jordan, UT 84088 • (801) 5324000, (800) 274-0503 • www.NBSbenefits.com Page 76 of 79 5-11 NOTICE TO AFFECTED PARTIES OF INTENT TO TERMINATE MOAB CITY CORPORATION CAFETERIA PLAN You Are Hereby Notified of the Following Plan Termination: (1) The name of the Plan being terminated (the 'Plan") is: Moab City Corporation Cafeteria Plan The Plan Number assigned to the Plan is 501 (2) The following is the Employer Information, along with the Employer Identification Number ("EIN") assigned by the Internal Revenue Service. (3) Contributing Sponsor: Moab City Corporation EIN: 87-6000248 If you have questions with respect to the termination of the Plan, contact: Rachel Stenta Moab City Corporation 217 East Center Street Moab, UT 84532 (435)259-2683 (4) The expected termination date of the Plan is June 1, 2012. (5) If you are a Participant in the Plan you will have until June 30, 2012 to submit receipts for claim reimbursement. Please note that claims submitted must only be for expenses incurred prior to the date of termination which is June 1, 2012. Page 77 of 79 5-11 MOAB CITY CORPORATION CAFETERIA PLAN SUMMARY PLAN DESCRIPTION MATERIAL MODIFICATIONS I INTRODUCTION Moab City Corporation has terminated your Cafeteria Plan as of June 1, 2012. This is merely a summary of the Plan and important dates regarding claim reimbursement. It is presented to you as an addition to the Summary Plan Description. If you have any questions, contact the Administrator. A copy of the Plan, including this amendment, is available for your inspection. If there is any discrepancy between the terms of the Plan or the amendment itself and this summary of material modifications, the provisions of the Plan, as amended, will control. II GENERAL INFORMATION ABOUT THE PLAN There is certain general information which you may need to know about Amendment Number FIVE to the Plan. This information has been summarized for you in this Section. 1. General Plan Information Moab City Corporation Cafeteria Plan is the name of the Plan. The amended provisions of the Plan become effective on June 1, 2012, unless otherwise provided. Your Employer has assigned Plan Number 501 to your Plan. 2. Employer Information Your Employer's name, address and identification number are: Moab City Corporation 217 East Center Street Moab, UT 84532 87-6000248 3. Administrator Information The name, address and business telephone number of the Administrator are: Moab City Corporation 217 East Center Street Moab, UT 84532 (435)259-2683 1 Page 78 of 79 5-11 The Administrator has the complete power, in its sole discretion to determine all questions arising in connection with the administration, interpretation, and application of the Plan (and any related documents and underlying policies). Any such determination by the Administrator is conclusive and binding upon all persons. III SUMMARY OF CHANGES 1. Effective June 1, 2012 the Employer, Moab City Corporation, stopped contributions and terminated the Moab City Corporation Cafeteria Plan. Participants in the Plan will have until June 30, 2012 to submit receipts for claim reimbursement. Please note that claims submitted through June 30, 2012 should be for expenses incurred prior to the date of termination, June 1, 2012. 2 Page 79 of 79 5-11