City Council

River Heights City COUNCIL MEETING AGENDA Tuesday, October 9,2018 Notice is hereby given that the River Heights City Council will hold its regular council meeting beginning at 6:30 p.m. in the River Heights City Office Building at 520 S 500 E. Opening Remarks(Wilson)and Pledge of Allegiance (Wright) Adoption of Previous Minutes and Agenda Reports and Approval ofPayments(Mayor, Council, Staff) Public Comment Discuss Adoption of a Commercial Parking Ordinance Adoption of a Resolution to Update Fees Discuss No-Fault Utility Claims Ordinance Adjourn PostedAhis 4^ day of September 2018 Sheila Lind, Recorder Attachments for this meeting and drafts of previous meeting minutes can be found on the State's Public Notice Website (pmn.utah.gov) In compliance with the American Disabilities Act, individuals needing special accommodations(including auxiliar>' communicative aids and services) during this meeting should notify Sheila Lind,(435)770-2061 at least 24 hours before the meeting. 520 South 500 East River Heights, Utah 84321 Phone & Fax(435) 752-2646  River Heights City 3 Council Meeting 4 5 October 9,2018 6 7 8 Present: Mayor Todd Rasmussen 9 Council members: Robert"K" Scott 10 Elaine Thatcher 11 Dixie Wilson 12 Blake Wright 13 14 Recorder Sheila Lind 15 Public Works Director Clayten Nelson 16 Finance Director Clifford Grover 17 Treasurer Wendy Wilker 18 19 Excused Councilmember Doug Clausen 20 21 Others Present: Heather Lehnig, Lance Andersen, Cindy Schaub 22 The following motions were made during the meeting: 25 26 Motion#! 27 Councilmember Scott moved to "adopt the minutes of the council meeting of September 25, 28 2018 and the evening's agenda." Councilmember Wilson seconded the motion, which passed with 29 Scott, Thatcher, Wilson and Wright in favor. No one opposed. Clausen was absent. 30 31 Motion #2 32 Councilmember Scott moved to "pay the bills as listed." Councilmember Wright seconded the 33 motion, which passed with Scott, Thatcher, Wilson and Wright in favor. Clausen was absent. No one 34 opposed. 35 36 Motion #3 37 Councilmember Wright moved to "adopt Ordinance 4-2018, An Ordinance to Adopt Changes 38 to the City Code ofRiver Heights, Utah,for a commercial parking zone with the following changes, an 39 accessory building may not exceed 1.5% of the gross land area, the applicant will be responsible to pay 40 for all necessary public improvements on streets adjacent to the property within the CP zone and that a 41 security of performance is required as described in 11-5-lB." Councilmember Scott seconded the 42 motion, which carried with Scott, Thatcher and Wright in favor. Wilson opposed and Clausen was 43 absent. 44 IViiiidr Iloighto Citij'' PilOdlirtfo 520 South 500 East River Heights, Utah 84321 Phone 8c Fax (435)752-2646 47 Motion #4 48 Councilmember Wright moved to "adopt Resolution 8-2018, A Resolution to Update Fees." 49 Councilmember Scott seconded the motion, which carried with Scott, Thatcher and Wright in favor. 50 Wilson opposed and Clausen was absent. 51 52 53 Proceedings ofthe Meeting: 54 55 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in 56 the River Heights City Building on Tuesday, October 9,2018 for their regular council meeting. 57 Onening Remarks and Pledge of Allegiance: Councilmember Wilson opened the meeting with 58 a prayer and Councilmember Wright led the group in the Pledge of Allegiance. 59 Adoption ofPrevious Minutes and Agenda: Minutes for the September 25,2018 meeting were 60 reviewed. 61 Councilmember Scott moved to "adopt the minutes of the council meeting of September 62 25,2018 and the evening's agenda." Councilmember Wilson seconded the motion, which passed 63 with Scott, Thatcher, Wilson and Wright in favor. No one opposed. Clausen was absent. 64 Mayor Rasmussen informed he has excused FD Grover and Treasurer Wilker after their 65 reports. 66 Reports and Approval ofPavments TMavor. Council. Staff): 67 68 Public Works Director Nelson 69 • 700 South Sidewalk hasn't been worked on much since the last meeting. Both contractors have 70 been very busy and are likely off on other jobs. He and Engineer Rasmussen are scheduled to 71 meet with them tomorrow morning to find out why its not being worked on. There are 72 currently a number of driveways that have been cut and are not usable. 73 • He has spent a number of hours on reports which are due to the state. 74 • They will be preparing equipment for winter. 75 • It's been two years since they ordered a new truck. Since it takes several months, he will get a 76 new one ordered soon. 77 • He would like to meet with Mayor Rasmussen and Councilmember Thatcher to discuss the 78 float and Apple Days. 79 80 Finance Director Grover 81 • He discussed the $250,000 expenditure, which was pulled from Cache Valley Bank and will be 82 deposited into the PTIF shortly. He pointed out that 25% ofthe year has passed and the budget 83 numbers are tracking pretty close. The water fiind is tracking ahead, but will probably level off 84 since summer water usage is pretty much over. 85 • Councilmember Thatcher stated she just received an Apple Days Expenditure report from 86 Treasurer Wilker. She'd like to review it before she hands it out to the council. From what she 87 can see, they came in about $1,200 under budget. She would like to spend this on Apple Days 88 signs which need replaced. 89 90 Treasurer Wilker 91 • She presented and answered questions regarding the list of bills to be paid. 92 • PWD Nelson asked to see the Logan City bill when it comes. River Heights City Council Meeting, 10/9/18  • Mayor Rasmussen asked if Caselle would be coming to a close. FD Grover said they will check with other cities who might use Quickbooks. It's very difficult for them to generate 95 certain reports in Caselle. 96 97 Councilmember Scott moved to "pay the bills as listed." Councilmember Wright 98 seconded the motion, which passed with Scott, Thatcher, Wilson and Wright in favor. Clausen 99 was absent. No one opposed. 100 101 Councilmember Thatcher 102 • She plans to work with Treasurer Wilker to understand the Apple Days budget. 103 • She has contracted with Santa for the Tree Lighting Event. Treasurer Wilker will have a check 104 ready for them that evening. 105 • She discussed the fatal accident in the last two weeks at 700 South and 100 East. She agrees 106 with others that there needs to be some action by River Heights City to work with Logan City 107 to get some traffic control at this intersection. Many people avoid it because it is too scary. 108 PWD Nelson said speed seems to be the biggest issue. Ms. Thatcher said its getting worse and 109 would like to see the Council agree on an action to pressure Logan. Councilmember Scott 110 pointed out that Mayor Rasmussen has done an excellentjob working with Logan Mayor 111 Daines during the last couple weeks. Logan did a warrant study 18 months ago, which 112 determined no action was required. They take into consideration accidents, but the recent 113 fatality was due to the victim not wearing a seatbelt, which is a factor not related to the 114 intersection itself. Mayor Rasmussen agreed that he and the council desire Logan City look into a solution and move forward. 117 Councilmember Scott didn't have anything. 118 119 Councilmember Clausen was absent. 120 121 Coimcilmember Wilson 122 • She asked if the park restrooms will be closed soon. PWD Nelson informed they will stay open 123 until the temperatures drop to freezing, since the park continues to be used until then. 124 125 Councilmember Wright didn't have anything. 126 127 Recorder Lind didn't have anything. 128 129 Mayor Rasmussen 130 • He is still waiting on Michael Ballam to meet about the Old Church. 131 132 Public Comment: There was none. 133 Discuss Adoption of a Commercial Parking Ordinance: Councilmember Wright discussed the 134 proposed commercial parking ordinance, unanimously passed on by the planning commission. They 135 heard concem from citizens that they didn't want the potential ofa commercial building in this zone. 136 Therefore, the ordinance precludes this. He briefly went through the procedure process for an applicant. River Heights City Council Meeting, 10/9/18 138 Mayor Rasmussen asked about the release of stormwater. The ordinance addresses the 139 collection, but not the release. Councilmember Wright informed, the engineer would take care of the 140 management of their system design. PWD Nelson pointed out they will need to follow the standards 141 already in place. 142 Mayor Rasmussen asked if the language was restrictive enough about the grounds maintenance 143 building; are there any limitations to size? Commissioner Schaub suggested a maximum size. They 144 discussed stating a certain percentage ofthe total property, like 1.5%. Height is already addressed in 145 the code. 146 Councilmember Wilson was concerned that the city would make provisions for an accessory 147 building that was already there. Others said it was a reasonable expectation for any parking lot. 148 Councilmember Wilson asked about the procedure. Councilmember Wright explained, after 149 the council approves the plan, the applicant will work out the rest ofthe details with public works and 150 the engineer. They will deal with small changes, but significant revisions will need to come back to 151 the council. Ms. Wilson felt any changes should come back to the council. PWD Nelson doesn't 152 foresee him approving changes. The plan will be dictated by this ordinance and the city's construction 153 specifications. Mr. Wright pointed out that the city engineer is typically hard on developers, making 154 them stick to their plan. 155 Councilmember Wilson asked if this ordinance would apply to the Sinclair station. She was 156 told it wouldn't affect it at all because the station is located in a residential zone, with a historical 157 overlay. Councilmember Wright explained the CP zone can only be located next to a current 158 commercial zone. 159 Councilmember Wright suggested addressing two additional items in the code: Responsibility 160 of upgrades to the adjacent public right of way and a security of performance bond on the public 161 improvements. Attorney Jenkins had given some suggested wording, which he read and the council 162 agreed to. Mayor Rasmussen suggested a possible bond for future improvements. PWD Nelson said 163 the road should be put in at this time because we don't want them tracking on a dirt road. The 164 proposed code states they need to have paved access to a public street. 165 Lance Anderson said they have some draft designs that show the new lot egressing into their 166 existing parking lot. 167 Councilmember Wilson asked what would happen if they ended up purchasing the next 168 property and then the next, on down. Councilmember Wright said the way to prevent it is to update 169 the general plan, showing where the city will allow the CP zone. Commissioner Lehnig pointed out 170 that the CP zone must be connected to a commercial zone. Councilmember Wilson suggested the 171 ordinance identify this zone applies to only this one piece of property. Commissioner Schaub stated, it 172 needs to be city wide, so its not a spot zone. 173 Councilmember Wright moved to "adopt Ordinance 4-2018, An Ordinance to Adopt 174 Changes to the City Code of River Heights, Utah,for a commercial parking zone with the 175 following changes, an accessory building may not exceed 1.5% of the gross land area, the 176 applicant will be responsible to pay for all necessary public improvements on streets adjacent to 177 the property within the CP zone and that a security of performance is required as described in 178 11-5-lB." Councilmember Scott seconded the motion, which carried with Scott, Thatcher and 179 Wright in favor. Wilson opposed and Clausen was absent. 180 Mayor Rasmussen felt a good decision was made. Lance Anderson felt it was a good decision 181 for River Heights. 182 Adoption of a Resolution to Update Fees: Councilmember Wright said because the 183 commercial parking zone has passed, application fees need to be set. River Heights City Council Meeting, 10/9/18 — Councilmember Wright moved to "adopt Resolution 8-2018, A Resolution to Update Fees." Councilmember Scott seconded the motion, which carried with Scott, Thatcher and 186 Wright in favor. Wilson opposed and Clausen was absent. 187 Discuss No-Fault Utility Claims Ordinance: Councilmember Wright reported he has given the 188 ordinance draft to Attorney Jenkins, who will most likely respond by the next meeting. Mr. Jenkins 189 asked him why the city would adopt this ordinance when they have an insurance policy that already 190 dictates what the city will cover in the case of a break or backup. Mayor Rasmussen said its because if 191 someone from the city makes an offer to someone in this situation, the ordinance says we canft offer 192 anything more than what the insurance will cover. Mr. Wright reviewed and answered questions 193 regarding the few changes he made since the last meeting. 194 They decided to review the draft one more time at the next meeting, in case the attorney had 195 any comments. A public hearing will likely be held on November 13. 196 The meeting adjourned at 8:10 p.m. •' ' f 197 \^\lUk 'NJaA 198 ^ ^ Sheila Lind, Recorder TodikAT Rasmussen. Mayor River Heights City Council Meeting, 10/9/18  River Heights City Bills To Be Paid ( y 10/9/2018 Payee Description Admin. P&Z Parks/Rcc Pub.Safety Com.Aff. Roads Water Scwcr Total 1 Blue Stakes E-Mail Notifications $23.63 $23.63 $24.35 ■' $71:61 2 Cache Valley Publishing P&Z Public Hearing Ad $45.89 $45.89 3 Caselle Monthly Support Fee $91.69 $91.66 $91.65 $275.00 4 Chevron & Texaco Fuel for City Vehicles $35.88 $35.90 $35.90 $35.90 ' ; -SI43158 5 Discount Tire Flat Repair $5.38 $5.38 $5.38 $16.14 6 Forsgren & Associates 1000 East, 700 South, Storm Water $9,288.70 $9,288.70 7 Freedom Mailing Bill Processing $144.20 $48.07 S48.07 ' $240.34 8 Intermountain Farmers Stump Killer $19.99 $19.99 9 McKelty Aslle October Newsletter Distribution $130.00 - $130.00 10 PTIF Transfer Funds CVB to PTIF $249,910.71 $249,910.71 11 Sams Club Late Fee (Contacted to sec ifdiey credit) $17.70 $17.70 12 Secure Instant Payments Montly Billing $14.90 $14.90 $14.90 ' ^^.$44.70 13 Specialized Pest Control/Christmas Deco Christmas Tree Lighting Services $1,088.87 $1,088.87 14 The Jumpin' Company Apple Days Entertainment $150.00 S150.00 15 Udlity Services Associates, LLC Water Line Survey and Pinpointing $1,299.00 ' $1,299.00 16 Verizon Wireless Monthly City Cell Phones $35.75 $35.75 $35.76 . . .$107.26 17 Xerox Monthly Usage Fees $22.37 $22.37 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 j,""" 1, IJ" V ' ' Pagei iSubTotals S250j67.32 $4S:89 . S3S.88 $1,238.87 $9,373.60 $1,554.29 $256.01 $262,871.86; ^ Page 1 Total Amount to be Paid' $262,871.86j  River Heights City Financial Summary September 30,2018 Cash Balance Bv Fund 08/31/18 09/30/18 Net Change %of Total / v.- General Fund 218,621.85 83,591.82 (135,030.03) 5.23% Capital Projects Fund 123,236.11 188,458.00 65,221.89 11.78% Water Fund 459,296.03 490,074.92 30,778.89 30.64% Sewer Fund 822,461.64 837,421.86 14,960.22 52.35% Total Cash Balance 1,623,615.63 1,599,546.60 (24,069.03) 100.00% %0f %0f Unexpended Budget Time YTD Actual Annual Budget Budget Incurred Incurred Revenue 144,017.46 757,030.00 613,012.54 19.02% 25.21% Expenditures Administrative 18,055.31 162,050.00 143,994.69 11.14% 25.21% Office 4,075.54 17,120.00 13,044.46 23.81% 25.21% Community Affairs 7,095.49 18,400.00 11,304.51 38.56% 25.21% Planning & Zoning 752.14 8,470.00 7,717.86 8,88% 25.21% Public Safety 7,434.56 86,400.00 78,965.44 8.60% 25.21% Roads 27,438.85 104,000.00 76,561.15 26.38% 25.21% Parks & Recreation 15,230.12 90,800.00 75,569.88 16.77% 25.21% Sanitation 41,268.70 150,000.00 108,731.30 27.51% 25.21% J Transfer To CP Fund 120,000.00 120,000.00 - 100.00% Total Expenditures 241,350.71 757,240.00 515,889.29 31.87% 25.21% Net Revenue Over Expenditures (97,333.25) (210.00) 97,123.25 Vs; ' ►B^!*:j^pital|Projecte^ C . '-.St . Revenue 180,97 400.00 219.03 25.21% Transfer From General Fund 120,000.00 120,000.00 - • Expenditures Administrative 130,000.00 130,000.00 25.21% Parks & Recreation 152,750.00 152,750.00 25.21% Roads 102,865.08 757,750.00 654,884.92 25.21% - - - 25.21% Total Expenditures 102,865.08 1,040,500.00 937,634.92 25.21% Net Revenue Over Expenditures 17,315.89 (920,100.00) (937,415.89) Revenue 139,786.31 346,130.00 206,343.69 40.39% 25.21% Expenditures 45,177.27 272,250.00 227,072.73 16.59% 25.21% Net Revenue Over Expenditures 94,609.04 73,880.00 (20,729.04) ' -'.-i Revenue 75,194.76 249,500.00 174,305.24 30.14% 25.21% Expenditures 84,958.71 310,250.00 225,291.29 27.38% 25.21% Net Revenue Over Expenditures (9,763.95) (60,750.00) (50,986.05)  4-2018 An Ordinance to Adopt Changes to the City Code of River Heights, Utah WHEREAS, River Heights desires to allow a commercial parking zone, and - WHEREAS,the Planning Commission held a public hearing on October 2, 2018 to receive comment on the proposed zone, and WHEREAS,the Planning Commission voted to pass the ordinance on to the City Council, BE IT ORDAINED by the River Heights City Council that the following ordinance be adopted. • > TITLE 10, CHAPTER 22, COMMERCIAL PARKING ZONE SECTION: 10-22-1 Intent ' 10-22-2 Purpose 10-22-3 Perrhitted Uses 10-22-4 Conditional Uses 10-22-5 Project Review and Approval Process 10-22-6 Preliminary Project Plan 10-22-7 Final Drawings 10-22-8 Design Standards 10-22-9 Landscaping Requirements 10-22-10 Fences and Screening 10-22-11 Lighting 10-22-12 Sensitive Area Overlay Zones 10-22-13 Equipment Storage 10-22-14 Time Frame 10-22-15 Restrictions 10-22-1: INTENT It is the intent of the city to establish a Commercial Parking Zone (CP), which minimizes disruptions to, and doesn't conflict with the atmosphere of, surrounding residential neighborhoods. 10-22-2: PURPOSE It Is the purpose of this chapter to establish regulations for the design and construction of additional, one-level parking area for use by any existing commercial property; said properties to be contiguous. 10-22-3: PERWllTTED USES Permitted uses in the CP zone are parking and accessory building. 10-22-4: CONDITIONAL USES No conditional uses are allowed In the CP zone. 10-22-5: PROJECT REVIEW AND APPROVAL PROCESS Prior to any formal request to rezone property to the CP zone, a preliminary project plan shall be submitted to the city for review and approval. A. Preapplication Meeting: Six (6) copies of the preliminary project plan shall be submitted to the city for the planning commission's consideration at least five (5) working days prior to its next regularly scheduled meeting. The planning commission may, if said copies of the sketch plan are not so submitted beforehand, postpone its consideration thereof until its next regularly scheduled meeting. B. If the planning commission finds the preliminary project plan to be complete and acceptable as is, or with minor modifications can be complete and acceptable for review, a project application can be submitted and a public hearing scheduled. For the city to effectively administer a public hearing, the hearing will likely be scheduled no sooner than two (2) weeks later. C. (Once the public hearing is scheduled, a rezone application may be submitted, and the project approval and rezone processes may occur simultaneously.) D. A public hearing is held to obtain community input. E. With the community input considered, the preliminary project plan is presented to the city council for its approval, conditional approval or rejection. After this review, the city will communicate to the owner or its agent appropriate comments, requirements and recommendations. F. If approved, final drawings are prepared and submitted to the city for review and approval by the city engineer and city public works director. G. The city engineer will seek input from the mayor, city attorney and other city personnel, as needed. H. Once final drawings are approved, a zoning clearance permit application may be considered for approval. I. After the zoning clearance permit is granted and property is properly rezoned, construction can begin. 10-22-6: PRELIMINARY PROJECT PLAN A. The preliminary project plan shall be professionally prepared and shall include the following: 1. The property boundaries of the proposed parking area. Include approximate total acreage of the property and the parking area to be developed, if different; 2. The names of the owner, developer, if.other than the owner, and the engineer or designer of the parking area improvements; I , 3. Boundaries of adjacent properties and names of adjacent property owners; 4. Location, width and names of existing streets within three hundred feet(300') of the parking area and of all previously platted streets or other public ways, railroad and utilities rights of way, parks and other public open space; 5. Location of all existing buildings and structures on the site, including an indication of the proposed uses; 6. The location of all parking spaces, driveways, and points of vehicular ingress and egress; 7. A contour map showing existing topography and natural drainage channels and the proposed conceptual storm and surface water drainage system; 8. A conceptual landscaping plan complying with the landscaping chapter of the zoning ordinance (10-15) and the landscaping requirements below. Show planting materials to be used together with the location offences, walls, trees, hedges, and decorative materials, etc.; 9. A map showing flood hazard areas, if any, including the 100-year recurrence interval flood; or where such data is not available, the maximum flood of record; 10. A map showing potential geographical hazards, e.g., earthquake fault lines; 11. Location and description of existing and proposed underground and above-grade utilities; 12. Present zoning; and 13. Date of preparation, scale of drawing and north arrow. B. If development of the parking area Is planned to occur in phases, the preliminary project plan shall show the entire area for which all final drawings approvals will be requested. The preliminary project plan will be a guide but will have no official standing or approval. It may be amended or modified from time to time by the owner or its agent. Only approved final drawings shall have official standing which shall permit the owner to proceed with construction.  10-22-7: FINAL DRAWINGS Three (3), fuil-size drawing sets and specifications that include the foliowing information shall be distributed to the city engineer and public works director for review and approval. A. Site layout plan and details I B. Grading and drainage plan, including stormwater management, and details C. Stormwater Pollution Prevention Plan (SWPPP), if required D. Site utility plan, if changes to existing utilities, or new utilities, are proposed or required E. Site electrical plan and details F. Construction details G. Landscape and irrigation plans and details H. Specifications 10-22-8: DESIGN STANDARDS A. Site: The CP zone site shall be designed in accordance with the River Heights Parking Ordinance: Street and Roadway Parking Standards (10-14-3) and Parking Lot Requirements (10-14-4), and the Public Works - Construction Specifications. B. Parking Lot Surface: Parking lots shall be paved with a surface material of asphalt or concrete composition, shall be graded to ensure proper drainage of stormwater and shall have paved access from a public street. C. Curb and Gutter; All parking lots shall be finished with curb and gutter around the perimeter with adequately placed stormwater inlet boxes to collect stormwater. Curb, gutter and sidewalk in the public right of way may be required as additional site improvements. ■<1 10-22-9: LANDSCAPING REQUIREIUIENTS A. Surrounding Area: The areas adjacent to a public street shall be maintained with suitable landscaping of plants, shrubs, trees, grass, and similar landscaping materials. The landscaping plan shall be approved by the city as to type, size and amount of landscaping. B. Plantings: Plantings in front setbacks shall not impede the vision of traffic. C. Parking Areas: Parking areas shall be landscaped around the periphery and at the end of parking rows In accordance with the approved landscaping plan, which shall adhere to Parking Lot Landscaping (10-15-8). ^D. Buffer: A minimum fifteen (15)foot landscaped perimeter buffer is required where the commercial parking lot is adjacent to any non-commercial zone. 10-22-10: FENCES AND SCREENING Fencing: The CP zone area shall be fenced around the periphery of the area adjacent to a residential and/or agricultural zone with a six (6)foot non-transparent architectural style fence. Style must be approved by the city. Recommended Fence Materials: Finished block, precast stamped concrete, decorative vinyl and stone. Fence Materials Not Allowed: Base vinyl, chain link with or without slats, concrete freestanding barriers, razor wire, barbed wire, highly reflective or metallic fencing or wail material. 10-22-11: LIGHTING A. Parking lot lighting shall be provided to meet industry standards for outdoor lighting of the Intended use, per the River Heights Outdoor Lighting Ordinance (9-3). B. Solar panels are permitted, according to the River Heights Solar Energy Ordinance (9-4). 0. Parking lot lighting shall be compliant with the Lighting Zone 2 of the International Dark-Sky Association Joint IDA-IES Model Lighting Ordinance (MLO). D. Adequate lighting which improves safety while mitigating unnecessary glare, sky glow and light trespass is required. The pole and base height is limited to twenty (20)feet and lumlnaire fixtures are to be concealed source, down-cast and shielded from neighboring properties. Light measurements are required to range between 0.5-4.0 foot candles, to keep areas sufficiently safe, but not excessively bright. E. Up-lighting is not permitted, except as approved through design review for highlighting signature landscape features or building elements. 10-22-J^: SENSITIVE AREA OVERLAY ZONES 'The CP zone shall adhere to the Sensitive Area Overlay Zone Ordinance, Title 10, -^'Chapter 11. 10-22-')^: EQUIPMENT STORAGE All grounds maintenance equipment(mowers,snow removal equipment, etc.) shall be stored in an enclosed building, located within the required setbacks. • 10-22-jA: TIWIE FRAME A. Failure to submit a final project plan within one (1) year from date of submission of the preliminary project plan shall terminate all proceedings and render the preliminary plan null and void. B. The parking lot must be completed within one (1) year from the date the final drawings are approved by the city. 10-22-^: RESTRICTIONS A. Only street level parking is allowed. structure or parking garage C. No RV's, heavy equipment, or other large modes of transportation are allowed. D. Parking spaces may not be used for storage of buses, vehicles, boats, motor homes, campers, mobile homes, or building materials. E. Parking areas shall be used solely for the parking of licensed, motor vehicles. In operating condition. F. It shall be unlawful to move snow from the CP Zone into the city right of way. BE IT ALSO ORDAINED that the following section be amended: 10-12-1;A USE REGULATIONS, Land Use Chart 1 and Use DescriDtlon A El 01 PR PUD MU Residential 1. Dwelling, single family detached P P P C 2. Dwelling, single family attached P C 3. Dwelling, two family P C 4. Dwelling. Multi Family P 5. Residential Facility for Elderly Persons C C p C C 6. Residential Facility for Persons with a C C p C C Disability 7. Secondary Residential Unit(may only be P P P c occupied by a related person) 8. Apartment (within owner occupied structure) P P p c 9. Flag Lot C c Accessory and Incidental Uses 20. Accessory Building P P p P p 21. Accessory Agricultural Building P 22. Private Swimming Pool C C C C C 23. Solar Panels P P P P P P 24. Livestock, Livestock Corral P 25. Off street Parking incidental to main use P P P P P P Adopted and effective this 9^ day of October, 2018, by the River Heights City Council. Todd A Rasmussen, Mayor ATTEST Sheila Lind, Recorder  TITLE 11 CHAPTER 5 PUBLIC IWIPROVEIUIENTS SECTION: 11-5-1 Construction of Public Improvements 11-5-2 Parks, Recreation Use and Other Public Spaces 11-5-3 Adjacent Streets 11-5-4 Private Lanes 11-5-5 Extension of Public Works Facilities 11-5-6 Utilities 11-5-7 Mandatory Use of City Water and Sewer Systems 11-5-8 Appeals 11-5-9 Written Agreements 11-5-10 Guidelines and Checklists 11-5-1: - CONSTRUCTION OF PUBLIC IWIPROVEWIENTS A. Construction Drav^HMs: The subc^deris engineer shall be a professional engineer licensed in the state an^hall prepare, or shall be responsible for the preparation of, all construtstion dp^ings relative to public improvements in and out of the subdivision. The suol^der's engineer shall also prepare, as part of tl^e construction documents, ary^stimate of the cost of construction of all the public improvements. All such ^wings st^II be reviewed and approved by the city, and two (2) copies. In ad^on to one reproducible set of such drawings, must be submitted with the fipal plat to the planr^ commission. One of the two (2) copies submitted will be/returned to the subdivhter with an approval mark of the city engineer. This^proved set shall be kept antie construction site. The subdivider shall coordinate all preparation and constructiohsactivities with the city engineer. The city engineer shall review the estimate of trfe. cost of construction for the purpos^f determining the amount required as security of performance. B. Security of Performance: The security of performance required by this subsection is to assure the city that all improvements are constructed in conformance with all 4^1,'XT? ■ relevant city ordinances, regulations and standards, and to assure the city that all expenses incurred for labor and materials used in the construction of the same are paid for by the subdivider. JC. Amount: The amount of the security of performance shall be equal to at least A. one and one-half (1 1/2) times the reasonable value of the improvements required herein, as determined by the subdivider's engineer and approved by the city engineer. ^ • X Methods: The security of performance required by this subsection may, at the city's sole discretion, be furnished by any of the following methods: Title 11, Chapter 5 River Heights City  I. By providing a performance, surety or cash bond in the amount specified, and conditioned upon payment by the subdivider of all expenses incurred for labor and materials used in the construction of the required improvements. This method of security is preferred by the city. By depositing the specified amount of cash in a bank account to \which the city alone has access, but only under the following conditions: to repair, replace or complete the improvements as set forth below. %. f. By providing the city with an irrevocable letter of credit issued by an acceptable financial institution naming the city as the sole beneficiary with a maturity date of at least two (2) years and three (3) months from the date of recording the final plat. Guarantee of Work: The city may h^five percent (5%) of the security of performance provided by the syfedMder until one year following the final o inspection by the city engineer, or for such other period of time less than one year as the city deems necessary to ensure compliance as set forth herein. (See River Heights City Construction Specifications/Standards.) (1-2015, p, /. Foreclosure on Security: In the event construcUdn of the public improvements is not completed, or is not completed in a/Satisfactory manner, within the negotiated time period, but not to from the date the final ^;^^^W^^approved r, the city may proceed to install improvements at the expense by foreclosing on the subdivides security of performai If said security is insufficient to pay for said imj^^iyements which the lity shall cause to be installed, then the ubdivider sh^be liable for ani deficiency and reasonable attorney fees realized by the a '5 Failure to Meet Standards: In thej^nt the public improvements fail to meet the standards as set forth in the sub^vider's written guarantee,the city shall so notify the subdivider, who shall be given a reasonable time to repair or otherwi^e^rrect as requested orthfesaty may proceed to repair or replace the isfactory improvements at the subdivider's expense by foreclosing on any security of performance still held by the city; and, in addition, the city may avail itself of any other remedy provided to it under the laws of the state and of the city. o C. Conduction and Inspection: MinimOm Improvements: Construction of public improvements shall proceed only afteMp construction drawings have been approved by all required entitles. BuHding lots may be sold by the subdivider for the proposed subdivi^n oiWafter the final plat has been recorded. The following minimum improvdients shqil be complete and in place before the city will issue a building permit for any^lot within the proposed subdivision: River Heights City Title 11, Chapter 5  Resolution No. 8-2018 A RESOLUTION TO UPDATE FEES BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF RIVER HEIGHTS, UTAH THAT:The revised fee schedule is hereby adopted and shall be in effect as of October 9,2018. ZONING CLEARANCE PERMIT FENCE $35.00 DECK 50.00 COVERING (deck/patio/porch) 35.00 SHED: Fee per building Under SO square feet no 2CP required N/C Up to 110 square feet 35.00 Up to 150 square feet 75.00 Over 150 square feet 100.00 GARAGE (Building used to store vehicles) 130.00 CARPORTS (temporary and permanent) 50.00 ADDITION TO HOUSE 150.00 HOUSE 200.00 COMMERCIAL BUILDING 200.00 SIGNS (FLAT, SUBDIVISION, NA/ALL, ETC) 35.00 SOLAR PANELS 35.00 FLAG LOT 150.00 MINOR SUBDIVISION Sketch Plan 200.00 Final Plat 400.00 SUBDIVISION/PUD Sketch Plan (all Developments) 200.00 Preliminary Plat(Ten lots and under) 1,500.00 Final Plat 500.00 Preliminary Plat(Eleven lots and over) 3,000.00 Final Plat 800.00 COMMERCIAL/COMMERCIAL PARKING LOT DEVELOPMENT Preliminary Layout and Design Review 200.00 Final Layout Submittal 400.00 SEAL COAT (subdivision/commercial)2018 $0.54/sqft Includes joint seal and preparation PETITION FOR ANNEXATION 850.00 plus costs PETITION FOR ZONE CHANGE 300.00 plus costs PETITION FOR BOUNDARY CHANGE 150.00 plus costs APPLICATION TO APPEALS AUTHORITY 150.00 plus costs RIGHT-OF-WAY EXCAVATION PERMIT 650.00(600 is refundable) WATER HOOK-UP 1,500.00 SEWER HOOK-UP Improved 1,200.00 Unimproved 1,700.00 STORMWATER 100.00 UTILITY FEES Deposit 100.00 Late fee 1.5%/mo(18% annual) Shut Off Notice Deiivery 20.00 Reconnect Water (M-F,9am-4pm) 25.00 Reconnect Water (after THime, due to unpaid utility payment) 50.00 Additional Reconnect After Hours 25.00 BUSINESS LICENSE FEES Commercial (less than 10,000 sqft) 150.00 Commercial (10,000 sqft or more) 250.00 Home Occupation 50.00 Renew 40.00 Home Occupation (fire inspection required) 80.00 Renew 60.00 Late fee (after January 31) 30.00 Solicitor (original applicant) 50.00 Additional applicants 25.00 TEMPORARY USE FEE 25.00 DOG FEES License Spayed/Neutered 10.00 Otherwise 20.00 Late 10.00 Kennel License 25.00 Impound 35.00 RENTALS City Building (residents only)-first 5 hours 100.00 Additional hours 25.00/hr Pavilion - resident 25.00 Pavilion-non-resident 50.00 Deposit 50.00 BOUNCED CHECK up to $30.00 UPDATED, PASSED and EFFECTIVE THIS 9™ DAY OF OCCTOBER 2018, BY THE RIVER HEIGHTS MUNICIPAL COUNCIL,STATE OF UTAH. Todd A Rasmussen, Mayor ATTEST: Sheila Lind, Recorder  TITLE 8 V J CHAPTER 3 NO-FAULT UTILITY CLAIMS SECTION: 8-3-1; Intent 8-3-2; Definitions 8-3-3: Administration and Establishment of Regulations 8-3-4: Reimbursement Claims, Time Limitations 8-3-5; Clams Investigation and Recommendation 8-3-6; Criteria for Payment 8-3-7; Maximum Payment 8-3-8: Payment Does Not Imply Liability, Release Required 8-3-9: Annual Budget Expenditures 8-3-10: Claims from Other Govemmental Agencies. 8-3-1: INTENT It is the city's intent to compensate persons for loss sustained as the result of a break or backup in a city-owned and maintained water main or sewer line, regardless of fault on the part of the city, within the restrictions, limitations, and other provisions of this chapter. 8-3-2: DEFINITIONS Unless the context specifically Indicates otherwise, the following terms and phrases, as used in this Chapter, shall have the meanings hereinafter designated: BODILY INJURY: Actual physical injury, sickness or disease sustained by a person, including death resulting from any of these. CITY; River Heights City Corporation, a political subdivision of the state of Utah. CLAIM; Any demand for damages from release of sewage or sudden and accidental release of potable water. DAMAGES: Monetary amounts the insured becomes legally obligated to pay to a third party as a result of bodily injury, or property damage caused by an occurrence, or personal Injury caused by a personal injury offense. Attorney fees and litigation costs are not damages. PERSON OR An individual, partnership, co-partnership, firm, company, APPLICANT; corporation, association, joint stock company, trust, estate, or any other legal entity (except the United States Government or any of its agencies, or the state of Utah and any of its political subdivisions) or their legal representatives, agents, or assigns. Title 8, Chapter 3 River Heights City 1  PERSONAL Injury, other than bodily injury arising out of a personal Injury INJURY: offense. PERSONAL Means any of the following: 1) False arrest, detention or INJURY imprisonment or malicious prosecution; 2) Libel, slander or OFFENSE: defamation of character; 3) Wrongful entry or eviction, or other invasion of the right of private occupancy. POLITICAL Any political subdivision of the state of Utah, including state SUBDIVISION: departments and agencies, cities, towns, counties, and school districts. POTABLE Water intended to be used for human consumption. WATER; PROPERTY Physical injury to or destruction of tangible property. Including the DAMAGE: resulting loss or use of that property. Also, loss of use of tangible property that is not physically Injured or destroyed. RELEASE OF An occurrence where solid, liquid or gaseous pollutants cause SEWAGE: property damage or bodily Injury by passing back through the toilets and/or drains located in the premises owned or leased by any third-party person, firm or entity relying upon the insured for sewage treatment services. Solid, liquid or gaseous pollutants which cause property damage or bodily injury by any means other than passing back through the toilets and/or drains located in the premises owned or leased by such third-party persons, firms or entities, does not constitute release of sewage and damages caused thereby are not covered. 8-3-3: ADMINISTRATION AND ESTABLISHMENT OF REGULATIONS The city hereby establishes regulations sufficient to provide for the handling of such claims and disbursement of funds set aside for payment of claims under this chapter. 8-3-4: REIMBURSEMENT CLAIMS, TIME LIMITATIONS All claims for reimbursement under this chapter must comply with the Governmental Immunity Act of Utah, Utah Code Annotated §63-30d-101 et seq., as amended, and be submitted to the city recorder within thirty (30) days after the Incident giving rise to the loss occurs. 8-3-5: CLAIMS INVESTIGATION AND RECOMMENDATION Claims received by the city recorder shall be referred to the mayor, the public works director and the councilmember assigned to water and sewer for investigation and recommendation. The recommendation may be forwarded to the city attorney for determination under the criteria of this chapter. The recommendation will be presented to the city council for consideration. All payments authorized by the city council shall be made by the City of River Heights. River Heights City Title 8, Chapter 1 8-3-6: CRITERIA FOR PAYMENT A. The determination as to whether to make payment of a ciaim submitted pursuant to this chapter shall be based on the following criteria: 1. Whether an eligible claimant suffered an otherwise uninsured property loss, caused by breach or backup of a city-owned water main or sewer line, under circumstances where the claimant acted responsibly to avoid the loss; and, 2. If so, whether the extent of the loss has been adequately substantiated. B. The following shall result in the denial of a claim: 1. Claim not timely submitted; ^ 2. Loss fully covered by private insurance ^ee 8-3-7 A. for insurance deductible consideration); ' 3. Claimant Ineiigible under the terms of this chapter; 4. Loss caused by an irresponsible act of the claimant, claimant's agent, or member of claimant's business or household; or 5. Loss or eiigibility unsubstantiated. 0. The following shall result in a reduction of payment: 1. Loss partially covered by private insurance; 2. Loss exceeds funding limits of this chapter; 3. Verification of loss inadequate or incomplete; or 4. Claimant did not cause the problem but failed to act responsibly to minimize the loss. 8-3-7: MAXIMUM PAYMENT A. Payments under this chapter shaii not exceed $5,000 per claim. Claims to pay insurance deductibles will be considered. B. -Tor budgeting purpesesr payments under this chapter shall not exceed $100,000 (the no-fault sewer and potable water aggregate limit per policy ameiidmenl lu llils sectienrHjtidget-addiLioi iaLftmds-in-any-givenTiseaLyear-by— resolution.- 8-3-8: PAYMENT DOES NOT IMPLY LIABILITY, RELEASE REQUIRED A. Any payment of a claim made under this chapter shall not be construed as an Title 8, Chapter 3 River Heights City 3  admission of, nor does It imply, any negligence or responsibiiity on the part of the city. Any payment made under this chapter is strictly voluntary on the part of the city. B. This chapter shall not In any way supersede, change, or abrogate the Government Immunity Act of Utah, and its application to the city, or establish in any person a right to sue the city under this chapter. C. Any payment of a claim made under this chapter .and accepted by the claimant shall constitute a full and complete release of any and all claims against the city, its officers, employees, and agents for any damage or loss arising from the incident. D. Any payment of a claim made under this chapter shall be expressly conditioned upon the city first receiving a written release of liability, signed and-notarized by the claimant, in a form acceptable to the city attorney. 8-3-9: CLAIMS FROM OTHER GOVERNMENTAL AGENCIES Notwithstanding any other provisions of this chapter, no claim shall be accepted from the United States or any of its departments or agencies, or from the state of Utah or any of its political subdivisions. River Heights City Title 8, Chapter 1