City Council

River Heights City COUNCIL MEETING AGENDA Tuesday,July 23,2019 Notice is hereby given that the River Heights Cit>' 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 (Clausen) and Pledge of Allegiance (Scott) Adoption of Previous Minutes and Agenda Reports and Approval of Payments(Mayor, Council, Staff) Public Comment Discuss Potential Trail Along ProLog Irrigation Line Adoption of a Resolution to Repeal Resolution 2-2015, A Resolution Adopting Purchasing and Expenditure Procedures for River Heights City Adjourn Posted^jhis IQ"* day of July 2019 Sheila Lind, Recorder .^itachmenis for ihis 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 auxiliarv communicative aids and services) during this meeting should notift Sheila Lind.(435)770-2061 at least 24 hours before the meeting. 520 South 500 East River Heights, Utah 84321 Phone 8f Fax (435)752-2646  River Heights City 3 Council Meeting 4 5 July 23,2019 6 7 8 Present: Mayor Todd Rasmussen 9 Council members: Doug Clausen 10 Robert"K" Scott 11 Elaine Thatcher 12 13 Recorder Sheila Lind 14 Public Works Director Clayten Nelson 15 Finance Director Cliff Grover 16 17 Excused: Councilmembers Dixie Wilson 18 Blake Wright 19 Treasurer Wendy Wilker 20 21 Others Present: Chris Milbank, Cindy Schaub 22 ; I _i The following motions were made during the meeting: 25 26 Motion #1 27 Councilmember Clausen moved to "adopt the minutes ofthe council meeting of July 9,2019 as 28 amended and the evening's agenda." Councilmember Thatcher seconded the motion, which passed 29 with Clausen, Scott and Thatcher in favor. No one opposed. Wilson and Wright were absent. 30 31 Motion #2 32 Councilmember Clausen moved to "Adopt Resolution 3-2019, A Resolution to Repeal 33 Resolution 2-2015, A Resolution Adopting Purchasing and Expenditure Procedures for River Heights 34 City." Councilmember Thatcher seconded the motion, which carried with Clausen, Scott and Thatcher 35 in favor. No one opposed. Wilson and Wright were absent. 36 37 38 Proceedings ofthe Meeting: 39 40 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in 41 the River Heights City Building on Tuesday, July 23,2019 for their regular council meeting. 42 Opening Remarks and Pledge of Allegiance: Councilmember Clausen opened the meeting with 43 a thought and Councilmember Scott led the group in the Pledge of Allegiance. 44 Adoption ofPrevious Minutes and Agenda: Minutes for the July 9,2019 meeting were 45 reviewed with the following change:"the building to be torn down and" was inserted on line 186 after "allow." PiiMUi' Hyjgluu luiijii CuMuyil Myytwjr 520 South 500 East River Heights, Utah 84321 Phone 8c Fax (435)752-2646 47 Councilmember Clausen moved to "adopt the minutes of the council meeting of July 9, 48 2019 as amended and the evening's agenda." Councilmember Thatcher seconded the motion, 49 which passed with Clausen, Scott and Thatcher in favor. No one opposed. Wilson and Wright 50 were absent. 51 Mayor Rasmussen reported that Attorney Jenkins said the city would not need to declare the 52 Old Church property as surplus if the city leased it. Tony Johnson has said that could work. A 53 drawback ofco-owning is that the city may have to assume the debt in case of default. If the property 54 was sold, the city could have a contract stating, ifthe property is sold again the city would have first 55 option to purchase. 56 Councilmember Thatcher would like to see the land and building sold and the city given use of 57 part of the building for public use. Mayor Rasmussen plans to have further discussion on the August 58 27 agenda (since Councilmember Clausen won't be in attendance at the August 13 meeting.) 59 Councilmember Clausen pointed out that the Opera Company will need enough notice for them to get 60 all of their stuff moved out. 61 Reports and Approval ofPavments(Mavor. Council. Staff): 62 Public Works Director Nelson 63 • 400 South is ready to go out for bid. Contractors have said there would be no way to get it 64 done this year. The city has a couple options: 1) Wait and bid it in the spring, or 2)Bid it out 65 in September with a completion date in the spring. The cost ofthe project keeps going up as 66 the engineers try to design around the irrigation ditch. Optimally, they wanted to drop part of 67 the road elevation, however, currently the irrigation pipe is right under the asphalt. They are 68 also struggling to get everything to fit in the park strip, due to the irrigation boxes in this area. 69 The open ditch will be piped. The road will end up being 9 feet wider than it currently is in 70 places. Councilmember Scott will decide on when to bid the project once the engineering plans 71 are finished up. PWD Nelson will bring the plans to the next meeting. Mr. Scott said they 72 need to approach the homeowners on the north and let them know they will no longer have a 73 sidewalk. The homeowners will gain the property to the curb. 74 • 1000 East sidewalk is finished except for a couple sprinklers. The grant funding is available on 75 this and the 700 South sidewalk projects. 76 • The sprinklers are finished around the tennis courts. They are hoping to get the concrete 77 poured in the next week and the court surfacing around the first week of August. 78 79 Finance Director Grover 80 • No bills were presented since Treasurer Wilker was out oftown. They will be emailed by 81 Thursday or Friday. 82 • He explained the Financial Summary. Invoices are still trailing in fi*om last fiscal year. 83 Overall, the eity is tracking close to budget. 84 • Councilmember Clausen asked how long until impact fees need to be spent. Mr. Grover said, 85 seven years. 86 87 Treasurer Wilker was absent. 88 89 Councilmember Thatcher 90 • Ms. Thatcher presented names of people the parade committee would like to recognize: 91 Citizen of the Year: Karl and Barbara Bindrup, Service to the City: Steve and Jami Thunell. River Heights City Council Meeting, 7/23/19  Cultural Arts: Carol Femey. She will email the list of other awards the committee would like j to recognize. They will go ahead with contacting these people, unless they hear otherwise. 94 • She asked if others would be willing to ride in one ofthe upcoming parades. 95 96 Councilmember Scott didn't have anything. 97 98 Councilmember Clausen didn't have anything. 99 100 Councilmember Wilson was absent. 101 102 Councilmember Wright was absent. 103 104 Recorder Lind didn't have anything. 105 106 Mayor Rasmussen 107 • He, Commissioner Schaub and PWD Nelson met with the Cache County Road Department 108 about their desire to turn their roads over to the cities. Providence has talked about taking 1000 109 East(south of600 South), due to their increase in development along the road. Between 600 110 South and the Logan City boundary would become the responsibility ofRiver Heights, which 111 will probably happen this winter. Councilmember Clausen asked about the shape ofthe road. 112 The County has said they will fix a couple spots before turning it over. Mayor Rasmussen will 113 send them a list. The County said the Zollinger property could be annexed to River Heights at """"t the same time the road comes into the city, which would allow River Heights some sales tax ^ revenue. Mayor Rasmussen pointed out that more sidewalk repair money will need to be 116 budgeted for the county sidewalks the city will end up acquiring. The County also wants to 117 give the 600 South sidewalks. Mayor Rasmussen said he will make a list of sidewalk issues 118 and get a map that is clear on which jurisdiction is over them. 119 • They are moving forward on litigation with two 1000 East fences which don't comply with the 120 final plat. Bentley and Merrill are named in the litigation. 121 122 Public Comment: There was none. 123 Discuss Potential Trail Along ProLoe Irrigation Line: ProLog President Chris Milbank 124 reminded he is trying to get council support for a trail over the irrigation line, which brings water from 125 Logan to River Heights, which the council was agreeable to at the last discussion. They are to the 126 point of approaching property owners to secure easements. He asked,if any of the council members 127 have a personal connection to the property owners he listed. Mayor Rasmussen said he was planning 128 to talk to all ofthem and will make it a priority in the next couple weeks. The property owners won't 129 lose any property. Currently there is a 16-foot irrigation easement. Mr. Milbank suggested getting an 130 additional 10 feet for the trail easement. 131 Councilmember Clausen suggested signage along the trail which would state no motorized 132 vehicles would be allowed. 133 Chris Milbank explained that the landowners have quite a bit ofsay, and may want some kind 134 of assurance regarding maintenance. He was unsure ofthe level the city wants to become involved. 135 Mayor Rasmussen felt it was important to have an area that could connect outdoor access to the 136 Riverdale area. This trail system could tie into many other trails in the valley, existing and future. He liked the idea of engaging the citizens in service ofthe trail, with the city providing leadership. River Heights City Council Meeting, 7/23/19 138 Chris Milbank said the area is currently being used as a trail; the easements would legitimize 139 and improve it. 140 After getting the property owners on board, they can move forward on drafting the easements. 141 Mayor Rasmussen and Mr. Milbank will work together. Mr. Milbank wanted to have things worked 142 out by next spring. Mayor Rasmussen was hoping to have all the homeowners on board by September 143 and then get the council on board by October. Perhaps,the city's only expense would be a crosswalk 144 to get to the trail. 145 Adoption of a Resolution to Repeal Resolution 2-2015. A Resolution Adopting Purchasing and 146 Expenditure Procedures for River Heights City: Mayor Rasmussen reminded this was discussed at the 147 last meeting. 148 Councilmember Clausen moved to "Adopt Resolution 3-2019, A Resolution to Repeal 149 Resolution 2-2015, A Resolution Adopting Purchasing and Expenditure Procedures for River 150 Heights City." Councilmember Thatcher seconded the motion, which carried with Clausen, 151 Scott and Thatcher in favor. No one opposed. Wilson and Wright were absent. 152 The meeting adjourned at 7:30 p.m. 153 154 155 156 Sheila Li 2 a7R^mussefCMa River Heights City Council Meeting, 7/23/19 River Heights City Financial Summary July 23,2019 06/30/19 06/30/19 Net Change % of Total General Fund 297,053.80 297,053.80 - 17.53% Capital Projects Fund (80,492.18) (80,492.18) - -4.75% Water Fund 616,823.03 616,823.03 36.40% Sewer Fund 861,028.96 861,028.96 - 50,82% Total Cash Balance 1,694,413.61 1,694,413.61 - 100.00% %0f %0f Unexpended Budget Time YTD Actual Annual Budget Budget Incurred Incurred .. - GeneralFund ¥ • Revenue 789,510.12 807,800.00 18,289.88 97.74% 100.00% Expenditures Administrative 153,393.69 164,060.00 10,666.31 93.50% 100.00% Office 16,307.27 18,270.00 1,962.73 89.26% 100.00% Community Affairs 14,068.16 19,750.00 5,681.84 71.23% 100.00% Planning & Zoning 4,113.73 8,470.00 4,356.27 48.57% 100.00% Public Safety 83,933.15 86,400.00 2,466.85 97.14% 100.00% Roads 94,402.29 103,500.00 9,097.71 91.21% 100.00% Parks & Recreation 60,116.34 92,050.00 31,933.66 65.31% 100.00% Sanitation 170,620.24 150,000.00 (20,620.24) 113.75% 100.00% Transfer To CP Fund 120,000.00 220,000.00 100,000.00 54.55% Total Expenditures 716,954.87 862,500.00 145,545.13 83.13% 100.00% Net Revenue Over Expenditures 72,555.25 (54,700.00) (127,255.25) ( Capital Pfojects Fund Revenue 1,944.91 2,000.00 55.09 100.00% Reimbursement Income 30,000.00 30,000.00 - Transfer From General Fund 120,000.00 220,000.00 100,000.00 Expenditures Administrative - - 100.00% Parks & Recreation 171,865.00 199,000.00 27,135.00 100.00% Roads 323,422.21 344,000.00 20,577.79 100.00% - - - 100.00% Total Expenditures 495,287.21 543,000.00 47,712.79 100.00% Net Revenue Over Expenditures (343,342.30) (291,000.00) 52,342.30 [ ^ Water Fund , Revenue 354,762.36 363,550.00 8,787.64 97.58% 100.00% Expenditures 226,250.30 233,650.00 7,399.70 96.83% 100.00% Net Revenue Over Expenditures 128,512.06 129,900.00 1,387.94 i Sewer Fund Revenue 303,712.25 269,000.00 (34,712.25) 112.90% 100.00% Expenditures 314,510.29 277,300.00 (37,210.29) 113.42% 100.00% Net Revenue Over Expenditures (10,798.04) (8,300.00) 2,498.04 1 Combined-All Funds .Net Revenue Over Expenditures - Combined (153,073.03) (224,100.00) (71,026.97) Dear Council, Thanks for considering the proposal for creating a Public Trail along the irrigation line that brings water to River Heights. As mentioned,staff from Logan Parks and Recreation, Dayton Crites from Cache Trails and Syd Crookston, who oversees Johnson Cove Development are supportive of the trail, it is likely there will be funding available through local government, park and trail groups. Currently there is a prescriptive easement established along the canal to channel water and allow access to the channel for observation and maintenance. In order for a Public Trail to be developed, a new easement allowing it to be used as a Public Trail would need to be signed by adjacent property owners. Your thoughts on the best way to present positives aspects of trail to these property owners would be valuable. If you have any acquaintance or knowledge of the owners perhaps you could play a role encouraging them to sign an easement. River Heights property owners above the proposed trail: Matthew and Crystal Wallis 585 River Heights Blvd. Jolene Jones Bingham 601 River Heights Blvd. Demont & Karen Wiser 279 Temple View Drive Robert & Diane Stewart 263 Temple View Drive Sky Dancer LLC 1150 W 360 N Apt 10 St. George (RobertStewart, 263 Temple View Drive, is caretaker ofthis property which is next to him.) Robert & Laura Cook 227 Temple View Drive Logan property owners below the proposed trail: Joseph W. and Nettle S. LInton 498 E 300 South David L. Buist 600 E 200 South The following benefits of Public Trail near property could be presented to property owners: 1. Increases Property values: 2016 Residential Values study of Ogden Trailhead cites a 1.4-1.9% increase in home values for each minute closer to a trailhead. Realtors note trail proximity as an amenity when advertising property. 2. Community Benefits: Enhanced neighborhood environment; health benefits from walking, being outside and connecting with others. 3. Reduction of vandalism and misconduct on trails: As a designated trail used with some regularity the chance for illicit activity and or vandalism decreases. The canal trail had many covered hiding spots littered with beer cans, liquor bottles, trash and sprayed graffiti. Vandalism damage to the canal has caused washouts in the past. 4. Natural terrain provides privacy: The brow of the hill, steep terrain, trees and heavy brush below your home all provide a visual and physical barrier. It is likely you or anyone on the trail would never hear or see each other. 5. Liability benefits for private landowners allowing public trails: Utah Code 57- 14. Utah Code Title 57, Chapter 14, limits landowner liability when private property is used by the public without charging a fee for recreational purposes. 6. Landowners are Welcome to place Conditions on easement: The landowner is welcome to request additional requirements if they allow an easement. Things such as, fencing, vegetation screen, signage, etc. could be negotiated. Like any negotiation, there is a level that is too much, but the landowner is in the driver's seat here. Date Property Owner Street, City, State Dear Property Owner, Thank you for continuing to evaluate the possibility of granting permission to River Heights for the purpose of establishing and maintaining a public trail on property in which you have ownership. The trail is direct connection between existing trails, Denzii Stewart Nature Park, and your River Heights Neighborhood. The property for which we are requesting permission is recorded as Cache County tax parcel xx-xxx-xxxx. The purpose of this letter is to initiate discussions on what might be included in an agreement in principle between the owners of the parcel and River Heights. Below are some conditions that could be included. Once we decide an agreement is possible we can have legal representation prepare a more formal document. • The agreement will be between Owners(Grantor) and River Heights, a Utah municipality • The Grantee shall have a non-exclusive right to use the Property for the construction and use of a public trail. The trail will be generally 5 to 8 feet in width running along the historic Canal easement. It shall be a condition of this Agreement that the Property is made available to the , public without charge in accordance with the Limitation of Landowner Liability- Public Recreation Act as set forth in Utah Code Ann.§ 57-14-1, et seq., The trail would enter the property on the western edge of the parcel. The canal alignment would take the trail generally an eastern direction before exiting the property on the eastem border. The terrain will be minimally disturbed outside of the canal and trail corridor. It is proposed that the agreement Include a temporary construction easement for improvements such as laying of crushed gravel surface and installation of manholes to facilitate im'gation water facility maintenance across that portion of the property, tax parcel xx-xxx-xxxx. After the trail is constructed GPS points can be used to define a final easement alignment for incorporation in the agreement. The Grantee has examined the Property and accepts it in its present condition, AS-IS and with all faults. Grantor makes no representation or warranty as to the present or future condition of the Property and shall not be required to perform, pay for, or be responsible for any work to ready the Property for Grantee's occupancy or any other work whatsoever throughout the term of this Agreement to repair, maintain or improve the Property. Use of the Public Trail shall be limited to running, bicycling, waiking, and snow shoeing. Only authorized vehicles are allowed on Property, including Canal company. Licensor's vehicles and equipment and law enforcement vehicles as may be needed. All improvements made to the Property shall immediately become and shall remain the property of Grantor unless othenvlse specified by Grantor. Grantee shall not be entitled to any compensation for any improvements made to the Property. This Agreement may be terminated by Grantor upon the happening of any of the following events: o If Grantee breaches any of the covenants or provisions , the Grantor, at its option, may terminate this Agreement and immediately re-enter and repossess the Property either  with or without legai process and without giving notice to quit to Grantee, which notice is expressly waived by Grantee in case of such breach. • Before Grantor exercises the right to terminate this Agreement for reasons stated above, Grantor shall provide Grantee with reasonable advance notice in writing, and shall undertake reasonably good faith efforts to work with Grantee to resolve its concerns prior to termination, which may require a change In condition, use, management, location and policing of the trail. Grantee shall have the option to relocate the trial or, if possible and reasonatily acceptable to Grantor, to modify the use of the trail to make It compatilDle with Grantor's use of its land for its purposes, all at the sole cost and expense of Grantee. Again, the purpose of this letter is to continue our discussions on request for an easement along Pro-Log canal path on your property and to propose some the conditions we need to consider at part of the agreement. I look forward to your thoughts and comments. Respectfully,  Mayor Todd Rasmussen & River Heights City Council Dear(Landowner), As Elected Officials of River Heights City we support the proposed trail under Temple View Drive which would follow the Pro-Log irrigation channel. This trail would be a beautiful asset to our City. Beginning one block North from (city park), the trail would follow a secluded hillside as it leads to Stewart Nature Park and beyond. It's a quiet secluded walk with wonderful views across the valley. To support this trail River Heights City will offer(some level of assurance and resources?) to develop and maintain the quality and safety of the trail. Mayor Todd Rasmussen /• " \ Council Members:  RESOLUTION 3-2019 A RESOLUTION TO REPEAL RESOLUTION 2-2015, A RESOLUTION ADOPTING PURCHASING AND EXPENDITURE PROCEDURES FOR RIVER HEIGHTS CITY WHEREAS, River Heights City has an Accounting Processes, Policies and Procedures Document which covers the information contained in Resolution 2-2015, and WHEREAS, having the two documents in unnecessary. THEREFORE, Resolution 2-2015, A Resolution Adopting Purchasing and Expenditure Procedures for River Heights City, is repealed as of July 23, 2019. Passed and approved this 23'"'^ day of July 2019 Y&jyS/ odd A. Rasmussen, Mayor ATTEST: Sheila Lind, Recorder