City Council

River Heights City COUNCIL MEETING AGENDA Tuesday, September 10,2019 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 Cit>' Office Building at 520 S 500 E. Opening Remarks(Wright) and Pledge of Allegiance (Wilson) Adoption of Previous Minutes and Agenda Report and Approval of Payments(Mayor, Council, StafO Public Comment Adoption of an Ordinance to Adopt Changes to the Cit>' Code of River Heights City, Utah Adoption of a Resolution to Declare the River Heights City Property at 443 South 500 East as Surplus —Drseusg Changes to the River-Huighls Cil}' ALCUuiiling PiuLesses and Pioccduics Adjourn Poste^jthis 4^ day of September 2019 Sheila Lind, Recorder Atiachments 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 auxiliary communicative aids and serv ices) during this meeting should notify Sheila l.ind.(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 September 10, 2019 6 7 8 Present: Mayor Todd Rasmussen 9 Council members: Doug Clausen 10 Robert"K" Scott 11 Elaine Thatcher 12 Dixie Wilson 13 Blake Wright 14 15 Recorder Sheila Lind 16 Public Works Director Clayten Nelson 17 18 Excused: Finance Director Cliff Grover 19 Treasurer Wendy Wilker 20 21 Others Present: Cindy Schaub, Heather Lehnig 22 ^4 The following motions were made during the meeting: 25 26 Motion #1 27 Councilmember Thatcher moved to "adopt the minutes of the council meeting of August 27, 28 2019 and the evening's agenda, as amended." Councilmember Scott seconded the motion, which 29 passed with Clausen, Scott, Thatcher, Wilson and Wright in favor. No one opposed. 30 31 Motion #2 32 Councilmember Thatcher moved to "pay the bills as listed, including the DWA bill in the 33 amount of $23,917.66." Councilmember Clausen seconded the motion, which passed with Clausen, 34 Scott, Thatcher, Wilson and Wright in favor. No one opposed. 35 36 Motion #3 37 Councilmember Thatcher moved to "adopt Ordinance 5-2019, An Ordinance to Adopt Changes 38 to the City Code of River Heights City, Utah." Councilmember Wright seconded the motion, which 39 carried with Clausen, Scott, Thatcher, Wilson and Wright in favor. No one opposed. 40 41 Motion #4 42 Councilmember Clausen moved to "adopt Resolution 3-2019, A Resolution to Declare the 43 River Heights City Property at 443 South 500 East as Surplus." Councilmember Scott seconded the 44 motion, which carried with Clausen, Scott, Thatcher and Wright in favor. Wilson opposed. lUvftf 1 !>)' i Uj' 11> i ■■ 520 South 500 East River Heights, Utah 84321 Phone & Fax(435)752-2646 47 Proceedings ofthe Meeting: 48 49 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in 50 the River Heights City Building on Tuesday, September 10, 2019 for their regular council meeting. 51 Opening Remarks and Pledge of Allegiance: Councilmember Wright opened the meeting with 52 a prayer and Councilmember Wilson led the group in the Pledge of Allegiance. 53 Mayor Rasmussen informed that he will remove the Accounting Processes and Procedures 54 from the evening's agenda, and plans to discuss it at the next meeting. 55 Adoption ofPrevious Minutes and Agenda: Minutes for the August 27,2019 meeting were 56 reviewed. 57 Councilmember Thatcher moved to "adopt the minutes of the council meeting of August 58 27,2019 and the evening's agenda, as amended." Councilmember Scott seconded the motion, 59 which passed with Clausen, Scott, Thatcher, Wilson and Wright in favor. No one opposed. 60 Reports and Approval of Pavments CMavor. Council. Staff): 61 Mayor Rasmussen informed that Engineer Rasmussen is reviewing the bill from DWA for the 62 1000 East sidewalk project, which is substantially higher than their original bid. For now,the city will 63 pay the original amount. 64 65 Public Works Director Nelson 66 • They spent last week finishing up the 1000 East sidewalk project, which turned out veiy nice. 67 • Providence City has installed new asphalt on River Heights Boulevard next to the southeast 68 part of the cemetery. It is a great improvement for River Heights. 69 • Mr. Nelson presented a purchase request to pay for a climbing net replacement at Ryan's Place 70 Playground,from InCord, in the amount of$1,120. Each council member gave their consent. 71 • He has taken state required water samples from the lower well and will soon be taking them at 72 the upper well. 73 74 Finance Director Grover was absent. 75 76 Treasurer Wilker was absent. 77 • In the absence of Ms. Wilker the council reviewed the emailed list of bills she had previously 78 sent out. P WD Nelson requested the addition of a bill from DWA for the 1000 East project, in 79 the amount of$23,917.66. 80 81 Councilmember Thatcher moved to "pay the bills as listed, including the DWA bill in the 82 amount of $23,917.66." Councilmember Clausen seconded the motion, which passed with 83 Clausen, Scott, Thatcher, Wilson and Wright in favor. No one opposed. 84 85 Councilmember Thatcher 86 • At the request of the mayor,she has checked on the possibility ofincreasing the crossing 87 guard's pay. She has figured an increase, but it would overspend the budget by $1,000. PWD 88 Nelson had suggested the increase in hopes it will keep them employed longer. Currently they 89 earn $9/hour. They discussed which budget it could come out of. Ms. Thatcher is considering 90 bumping them up to $10-12. She would like to find the money and get them a raise. 91 • There are two more parades, one of which is Ridgeline's Homecoming tomorrow night. She 92 asked for volunteers. River Heights City Council Meeting, 9/10/19  Councilmember Scott 95 • The COG review board has rejected funding for 800 South since the street isn't considered a 96 collector road and isn't wide enough to meet their criteria (lacks 6 feet). Mayor Drew from 97 Providence pushed for it. Mr. Scott said River Heights can dispute it or try to find another 98 mayor on the committee to be an advocate for the project. Engineer Rasmussen will look into 99 finding out who else is on the committee to see who might support it. Mr. Scott informed that 100 400 South might be eligible for funding. 101 • Councilmember Wright discussed a comment made at the last meeting about the possibility of 102 400 South becoming a raceway if it's repaved. He remembered years ago that the council 103 ■ approved moving the stop signs at the intersection of400 South 500 East so the traffic on 400 104 South would have to stop. For some reason, it never got changed at that time. 105 • Mr. Scott said Engineer Rasmussen has said grinding the top ofthe 400 South road and 106 repaving might only be an 8-10 year fix, because ofthe type of ground iii the area. A full 107 constructionjob with property maintenance should last almost forever. With no maintenance it 108 should last 25-30 years. Councilmember Clausen asked what would happen ifthe bids came in 109 at $600,000-800,000. It was suggested they could do halfofthe project at this time, Mr. Scott 110 suggested it could wait for a couple years. They talked about putting it out for bid this 111 November. PWD Nelson said bids are coming in very high right now because contractors are 112 so busy. 113 ' ' ' 114 Councilmember Clausen didn't have anything. - 11 Councilmember Wilson 117 • She informed, at the next meeting they will discuss some revisions to the pavilion policy, 118 involving inflatables. 119 • Councilmember Clausen asked about the RAPZ reimbursement. Mayor Rasmussen has sent in 120 the request and will check with the county to see if they have everything they need. He sent 121 one for tennis courts RAPZ grant and another one for the city's share of the RAPZ tax. 122 123 Coimcilmember Wright didn't have anything. 124 125 Recorder Lind 126 • She asked who was planning to contribute to the city's October newsletter. Councilmembers 127 Thatcher and Wilson plan to submit, as well as Mayor Rasmussen. 128 129 Mayor Rasmussen 130 •He explained the turn ofevents on the church owned property, east of the church on 600 East. 131 The due diligence contract has expired with the developer because they were concemed it 132 would be held up in referendum voting in Providence. They want it sold and plan to put it up 133 for sale again. He indicated he had invited Craig Winder(Visionary) to visit with the city 134 attorney to see if they would agree to build exactly what the council would approve,in 135 exchange for the council allowing the property to be disconnected from River Heights and 136 annexed to Providence. Councilmember Clausen wasn't sure Providence would allow the —7 development to access Providence roads. Mayor Rasmussen pointed out to Commission Chair 0 Schaub that the timing ofthe General Plan revisions will be important so potential buyers know River Heights City Council Meeting, 9/10/19 139 what type of development the city will allow. He also pointed out that there is a prescriptive 140 easement along the north side of the church property, which a potential property owner could 141 take over. Mr. Clausen made it clear that he wants the property to stay in River Heights. 142 Councilmember Thatcher said it makes sense to her to have it go to Providence, if the property 143 won't be accessing River Heights roads. 144 145 Public Comment: There was none. 146 Adoption of an Ordinance to Adopt Changes to the Citv Code of River Heights Citv. Utah: 147 Mayor Rasmussen explained that the city attorney has suggested removing some language in the city 148 code, which could raise questions. Currently it states,"The city does not enforce private restrictive 149 covenants ..." Attorney Jenkins felt there may be situations that arise where it would be a benefit for 150 the city to become involved and recommended they reserve the right to enforce any restrictions as they 151 see fit, on a case by case basis. Councilmember Wright said, in most cases, restrictive covenants are 152 between property owners. In few cases, the city may be party to them. Rewording the code, as 153 presented, would allow the city to be involved when needed. Councilmember Wilson asked if the city 154 could override CCRs. Mayor Rasmussen explained, the proposed code changes would allow the city 155 to enforce restrictive subdivision covenants. He pointed out this change doesn't have anything to do 156 with the Saddlerock Phase 3 final plat. 157 Councilmember Wright explained the revisions and the process by which the planning 158 commission came up with them. 159 Councilmember Thatcher moved to "adopt Ordinance 5-2019, An Ordinance to Adopt 160 Changes to the City Code of River Heights City, Utah." Councilmember Wright seconded the 161 motion, which carried with Clausen, Scott, Thatcher, Wilson and Wright in favor. No one 162 opposed. 163 Adoption of a Resolution to Declare the River Heights Citv Property at 443 South 500 East as 164 Surplus: Mayor Rasmussen stated their motion at the last meeting needed to be done by resolution. 165 Councilmember Scott asked if all potential buyers of the property would be made aware of the 166 city's rights on the property. Mayor Rasmussen said, yes. 167 Councilmember Clausen moved to "adopt Resolution 3-2019, A Resolution to Declare the 168 River Heights City Property at 443 South 500 East as Surplus." Councilmember Scott seconded 169 the motion, which carried with Clausen, Scott, Thatcher and Wright in favor. Wilson opposed. 170 Discuss Changes to the River Heights Citv Accounting Processes and Procedures: Postponed. 171 The meeting adjourned at 7:50 p.m. 172 173 ^ 174' 175 Sheila Lind, Re^ 176 0 177 178 179 Todd A. Rasmussen, Mayor River Heights City Council Meeting, 9/10/19  River Heights City Bills To Be Paid 9/10/2019 Payee Description Admin. P&Z Parks/Rcc Pub. Safety Com. Aff. Roads Water Sewer Total JUNES 1 2 3 4 5 6 7 JULYS 8 1 LLC Labor for concrete Tennis Courts $4,385.00 $4,385.00 9 Cache Valley Publishing Planning Public Hearing Notice $45.72 $40.37 $86.09 ID Caitlyn Ogden Apple Days Spray Adhesive $18.94 $18.94 11 Caselle, Inc. Monthly Support $91.69 $91.66 $91.65 $275.00 12 Ferguson Blue Stake Paint $45.17 $45.18 $90.35 13 Holbrook Asphalt Co. Billed to Dan Hogan $6,082.45 $6,082.45 14 Intermountain Traffic Safety, Inc. 10th East Signs $53.76 $53.76 15 Larisa Mendenhall Apple Days Spray Paint & Supplies $39.10 $39.10 16 Lowe's Potholes & Signs, Tennis Courts $38.66 $197.74 $236.40 17 Peterson Plumbing Supply Hillside Park Sprinklers $951.62 $951.62 18 Rooter Rooter Soccer Porta Potty $100.00 $100.00 19 Sam's Club Office Supplies and Apple Days Supplies $29.98 $64.28 $94.26 20 Secure Instant Payments, LLC Monthly Service Fee $13.32 $13.32 $13.31 $39.95 21 Sprinkler Supply Co. Inc. Tennis Courts $790.86 $790.86 22 Square One Printing Note Cards $133.86 $133.86 23 Thomas Petroleum Fuel for City Vehicles $19.46 $19.48 $19.48 $19.48 $77.90 24 Thurcon, Inc. Water Leak Repairs/Parks $167.63 $167.62 $335.25 25 Verizon Wireless City Cell Phones $57.00 $57.00 $57.01 $171.01 26 Xerox Corporation Monthly Copies & Support $183.84 $183.84 27 l6W7 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 1 SubTotals $555.41 $6,122.82 $6,453.23 $122.32 $270.98 $394.25 $226.63 $14,145.64 Page 1 Total Amount to be Paid $14,145.64  Ordinance 5-2019 AN ORDINANCE TO ADOPT CHANGES TO THE CITY CODE OF RIVER HEIGHTS CITY, UTAH The River Heights City Planning Commission held a duly noticed public hearing on September 3, 2019, after which,the River Heights City Council adopted the following changes to the River Heights City Code. 10-1-3: INTERPRETATION The provisions of this title are in addition to all other city ordinances,the laws of the state, the laws of the United States, and applicable common law. The ordinances shall not supersede any private land use regulations in deeds or covenants which are more restrictive. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law. Tho city does not onforco privoto rostrictiVG covenants, nor shall any such covenant have the offoct of modifying the regulations heroin. (Ord., 1-22-2002) 11-1-2: INTERPRETATION The provisions of this subdivision title are in addition to all other city ordinances, the laws of the state, the laws of the United States, and applicable common law. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law. Tho city dooG not onforco private restrictive covonants, nor shall any such covonont havo tho effect of modifying tho regulations heroin. (Ord., 8-12-2003) ll-4-3:C. Final Plat Requirements 3. Conditions. Covenants and Restrictions (CCRs): CCRs shall be approved by the planning commission, together with the final plat, and approved bv the citv council. The CCRs will thereupon be recorded with the final plat. (Move current 3 and 4 to become 4 and 5.) 11-4A-5: CONDITIONS. COVENANTS AND RESTRICTIONS fCCR) PROTECTIVE COVENANTS Protective covenpnts CCRs shall be approved by the planning commission,together with the final plat, and approved thereafter by the city council. The covenants CCRs shall thereupon be recorded with the final plat, of all minor subdivisions and shall include at least the following: At—A statement indicating that the developer must provide minimum fire protection as outlined in section 11 ^lE of this article. &T—A statcmont informing lot owners that the required improvements must be in place before any of the lots will bo eligible for building permits; €t—A statement informing lot owners that any further divisions of the improved lots will be prohibited;  D. A description of thoso areas or GasomontG to be dcsignQtod for storm droinago and utilities; E. A statomont indicating that the lot owners will bo rocporiGiblQ for all road maintonQnco and sorvicoG rolatcd to all intorior roads which arc not dodicQtod; and f,—All nondcdicatod strcots must bo idontifiod as such and romain the roGponGibility of the landownors.(Ord. 16 3 06,10 22 1996) Adopted and effective this 10^^ day of September 2019. Todd A. Rasmussen, Mayor Attest: Sheila LInd, Recorder  RESOLUTION 3-2019 A RESOLUTION TO DECLARE THE RIVER HEIGHTS CITY PROPERTY AT 443 SOUTH 500 EAST AS SURPLUS BE IT RESOLVED by the Municipal Council ofthe City of River Heights, Utah that: THE PROPERTY OWNED BY RIVER HEIGHTS CITY AT 443 SOUTH 500 EAST BE DECLARED AS SURPLUS. PASSED BY THE RIVER HEIGHTS MUNICIPAL COUNCIL,STATE OF UTAH,THIS 10"^" DAY OF SEPTEMBER 2019. Todd A Rasmussen, Mayor Attest: Sheila Lind, Recorder