City Council

River Heights City COUNCIL MEETING AGENDA Tuesday,February 2,2021 Notice is hereby given that the River Heights City Council will hold its regular council meeting beginning at 6:30 p.m., anchored from the River Heights City Office Building at 520 S 500 E. The meeting will be held through Zoom. Those wishing to provide comment on any of the agenda items or other topics can do so by email to ofrice@riverheights.org(by noon on the date of the meeting). fovllLLp Opening Remarks(Mi4baim)and Pledge of Allegiance (■Htmdy) Adoption of Previous Minutes and Agenda Recognition of 2020 Youth Ambassadors Reports and Approval of Payments (Mayor, Council, Staff) Public Comment Re-appointment of Heather Lehnig to the Planning Commission Public Hearing to Adopt an Ordinance: Temporary Land Use Regulations Including Moratorium on Development. Building Activity and All Subdivision Applications on Lands Described Herein Within the City of River Heights Adjourn To join the Zoom meeting: https://lls02^^eb■zoom■us/[/87149994467?p\^d-WXRnYXRPS0xFVVUY2OldEUVBoNnArZ7,09 Dial: 1 346 248 7799, Meeting ID: 871 4999 4467, Passcode: 650080 Posted this 29'^ day of Januaiy 2021 Sheila Lind, Reorder Attachments for this meeting and previous meeting minutes can be found on the State's Public Notice Website (pmn.utah.gov). [n compliance with the American Disabilities Act, individuals needing special accommodations (including auxiliajy 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 February 2, 2021 6 7 8 Present: Mayor Todd Rasmussen 9 Council members: Doug Clausen 10 Sharlie Gallup 11 Nancy Huntly 12 Chris Milbank, electronic 13 Blake Wright 14 15 Recorder Sheila Lind 16 Finance Director Cliff Grover, electronic 17 Treasurer Wendy Wilker, electronic 18 19 Excused: Public Works Director Clayten Nelson 20 21 Others Present in Person: Aleena, McKelty and David Astle, Kaylinn, Wren and 22 Lawson Gallup, Avery and Everett Ball, Olivia Brown, Cami Hailing, Jack McFarland, Heather Lehnig, Lydia Walker, Brenden and Heighley Johnson, Matt Thompson 25 26 Present Electronically: Bob Ellis, Vem Fielding, Rita Minkler, Lisa Aedo,Frank 27 Howe,Barbara Farris, Levi Roberts, Cindy Schaub 28 29 30 The following motions were made during the meeting: 31 32 Motion #1 33 Councilmember Gallup moved to "adopt the minutes of the council meeting of January 19, 34 2021 and the evening's agenda." Councilmember Wright seconded the motion, which passed with 35 Clausen, Gallup, Huntly, Milbank, and Wright in favor. No one opposed. 36 37 Motion #2 38 Councilmember Clausen moved to "pay the bills as listed." Councilmember Wright seconded 39 the motion, which passed with Clausen, Gallup, Huntly, Milbank, and Wright in favor. No one 40 opposed. 41 42 Motion #3 43 Councilmember Wright moved to "adopt Ordinance 1-2021, A Temporary Land Use 44 Regulations Including Moratorium on Development, Building Activity and All Subdivision Applications on Lands Described Herein Within the City ofRiver Heights, with the addition of an's' Ri¥or Iloightd City» 520 South 500 East River Heights, Utah 84321 Phone & Fax (435) 752-2646 46 on the end of'resident' in the second paragraph." Councilmember Gallup seconded the motion, which 47 carried with Clausen, Gallup, Huntly, Milbank and Wright in favor. No one opposed. 48 49 50 Proceedings ofthe Meeting: 51 52 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in 53 the River Heights City Building on Tuesday, February 2, 2021 for their regular council meeting. The 54 meeting was held through Zoom. 55 Opening Remarks and Pledge of Allegiance: Councilmember Huntly opened the meeting with 56 a thought and Councilmember Gallup led the group in the Pledge of Allegiance. 57 Adoption ofPrevious Minutes and Agenda: Minutes for the January 19, 2021 council meeting 58 were reviewed. 59 Councilmember Gallup moved to "adopt the minutes ofthe council meeting of January 60 19,2021 and the evening's agenda." Councilmember Wright seconded the motion, which passed 61 with Clausen, Gallup, Huntly, Milbank, and Wright in favor. No one opposed. 62 Recognition of2020 Youth Ambassadors: Mayor Rasmussen recognized Councilmember 63 Gallup's efforts as the youth ambassador leader. He thanked the ambassadors for the many events and 64 activities they carried out during 2020 in the community. They were each presented with a certificate 65 and mayor's coin. Councilmember Gallup introduced and thanked Aleena Astle for being a parent 66 helper. The following ambassadors were recognized: Wren Gallup, Kaylinn Gallup, Lydia Walker, 67 Cami Hailing, Olivia Brown, Brendan Johnson, Heighley Johnson, McKelty Astle, David Astle, 68 Everett Ball, Avery Ball, and Jack McFarland. 69 Reports and Approval ofPayments(Mavor. Council. Staff): 70 FD Grover 71 • He asked the council ifthey plan to raise taxes in the next year. They agreed they plan to keep 72 them the same as last year, for now. Mr. Grover will let the county auditor know and set a 73 public hearing (in case they change their minds)for May 18, 2021. 74 Treasurer Wilker 75 • She presented and answered questions regarding the list of bills to be paid. 76 • Councilmember Clausen thought some bills were missing. Treasurer Wilker reminded she paid 77 some bills last Tuesday,the recurring ones which she has permission to pay,in between 78 meetings. 79 Councilmember Clausen moved to "pay the bills as listed." Councilmember 80 Wright seconded the motion, whiph passed with Clausen, Gallup, Huntly, Milbank, and 81 Wright in favor. No one opposed. 82 Councilmember Clausen asked FD Grover if he had a chance to look at the sewer 83 revenue to explain some ofthe questions that came up during the audit. Mr. Grover will 84 address this at the next meeting when he discusses the financials. 85 Councilmember Milbank 86 • He has been working with Councilmember Wright on a request for proposal for the 87 improvements at the Stewart Hill park area. After they finish up, he will get it to Recorder 88 Lind to publish. 89 • He asked the council to start thinking about what they want to name the Stewart Hill park area. 90 He suggested not using Stewart since there is another park nearby with this name. 91 Councilmember Huntly suggested there might be a family in River Heights, willing to donate River Heights City Council Meeting, 2/2/21  to the project, who the park could be named for. Mr. Milbank felt using the name Stewart might also suggest some exclusivity for the neighborhood. He is working on grant applications 94 and suggested applying for one for the construction drawings. Once he gets a timeline 95 together, he will pass that information on to the council. 96 Councilmembers Clausen, Huntly and Gallup didn't have anything. 97 Councilmember Wright 98 • He informed that the Planning Commission is working on the General Plan again. 99 Recorder Lind 100 • She explained that Dallas Torgersen had turned in an annexation petition for the Ron and Daina 101 Zollinger property, located east 1000 East and south of 600.,South. Their plat shows River 102 Heights taking the 1000 East road between 600 South and property. Eventually,they will want 103 to subdivide into three lots, with a private lane. Discussion was held on utilities. 104 Councilmember Wright said they will look into and discuss utilities as they go along in the 105 process. 106 Mayor Rasmussen 107 • The Cache Valley Transit District will be re-evaluating the bus routes in River Heights and 108 Millville because ridership is very low. This discussion will happen in the next year. He hopes 109 this conversation can stay alive with Mary Barrus on the board. 110 "He has been re-thinking about the silent auction idea to dispose of the Old School furniture 111 because of the cost of advertising and manning it. He would like to run a small ad for a garage 112 sale to liquidate the surplus furniture. The council gave their consent. 113 Public Comment: There was none. 5 Re-appointment of Heather Lehnig to the Planning Commission: Mayor Rasmussen said Heather Lehnig has been serving on the Commission for 3 years and has accepted to serve a second 116 term of5 years. He thanked her for her efforts. He asked for advice and consent on the appointment. 117 All gave their consent. 118 Public Hearing to Adopt an Ordinance: Temporarv Land Use Regulations Including 119 Moratorium on Development. Building Activitv and All Subdivision Applications on Lands Described 120 Herein Within the Citv of River Heights: Mayor Rasmussen noted the areas affected by the adoption 121 ofthe ordinance (listed in the ordinance). The concern for the city is that the current General Plan 122 hasn't been revised in quite a while. Due to recent developer's questions about vacant land in River 123 Heights, he wanted to make sure the General Plan was able to describe the desired vision of River 124 Heights. They don't intend for the land use restriction to go on any longer than it needs to. As soon as 125 the General Plan revisions have been adopted, it can be removed. His main concern is the protection 126 of open spaces left in River Heights. He feels an obligation for this council to look into the future and 127 make sure they are setting things up correctly. He recognized that the decisions they make will affect 128 what private landowners'can do with their property. He expressed his interest in their rights and 129 realizes finding the balance between the two is going to be difficult. 130 Councilmember Clausen asked ifthis situation has been reviewed by the city attorney. He was 131 told the city attorney drafted the ordinance and is aware ofthe issues.. 132 Councilmember Wright echoed the words of Mayor Rasmussen. They are interested in getting 133 the affected property owners around the table to work together with the city on what could work for 134 everyone into the future. If someone were to develop with the current general plan and ordinances the 135 city would be obligated to approve developments that fall within the regulations, whether they like it or 1 not. He said after the Commission is finished with their general plan review, it will come to the Council for their final approval. River Heights City Council Meeting, 2/2/21 138 Mayor Rasmussen observed that the Chugg property in Providence is now developing four 139 story apartments, which would be allowed in River Heights' current "mixed-use" zone. 140 Councilmember Wright explained that 12 years ago(when this zone was developed) there was a 141 different vision, which hasn't developed in that direction. The designated area for mixed-use is too far 142 from Main Street for light retail with apartments on top. Because of how things have developed in the 143 surrounding area in the last 12 years, they want to revisit the vision for the Riverdale area. 144 Mayor Rasmussen said there has been an offer on property in Riverdale and the potential 145 purchaser has a year for due diligence. There have also been developers interested in the Lois Weston 146 property and the area east of the LDS Church stake center. 147 Mayor Rasmussen opened the public hearing: Bob Ellis said their Ellis property in the 148 Riverdale area has been taken out of greenbelt and they can't afford to pay the taxes now. It's under 149 contract with a developer and they are in support of his plans. He likes the idea of greenspace and 150 hopes the city doesn't put off development for too long because it's costing people money. 151 Vem Fielding was concerned with property rights. He is with Parker Real Estate and is 152 working with the Ellis and Demars property owners. He discussed property rights, and recognized 153 they need to be balanced with the needs of the community. Delays increase costs. He gave an 154 example of how Bountiful lost tax revenue by taking too long. He hoped the process would move 155 quickly and smoothly. 156 Rita Minkler seconded what Bob Ellis said. 157 Mayor Rasmussen pointed out that River Heights has lost all ability to have retail tax base in 158 River Heights. He felt it would be a shame to take the last remaining property left in River Heights 159 and have it be commercial,just for the sake of money. 160 Cindy Schaub brought up the conservation of the Logan River. She hoped that compromise 161 can come to the table. Mayor Rasmussen said the potential developer is aware ofthe river and wants 162 to address it. 163 Lisa Aedo is interested in preserving the riparian zones for the habitat in this area. There are 164 also flood zones that need to be mitigated. She was grateful for the city's consideration. 165 Frank Howe, of the Logan River Restoration Task Force, appreciated the city trying to balance 166 the city's desires as well as that of property owners and hopes to be included in discussions about a 167 trail system along the river area. 168 Barbara Farris cautioned about flood mitigation. She asked what zoning was allowed west of 169 her property (west of400 East). She was told it was zoned for 12,000 square foot lots. She loves 170 living in River Heights because ofthe wildlife and great neighbors. 171 Cindy Schaub clarified the properties listed in the ordinance. 172 Levi Roberts clarified the properties are not currently zoned mixed-use. 173 The public hearing was closed. Councilmember Milbank explained that the mixed-use zone 174 allows four stories but clarified the structures would need to be 400 feet from residential properties. 175 He would support careful consideration on how the city moved forward. Commissioners Huntly and 176 Gallup agreed. Councilmember Wright also agreed with Councilmember Milbank, and pledged to 177 work with Commission Chair Levi Roberts, to get some things scheduled immediately, such as 178 workshops with the Council, Commission and property owners. He also suggested having some 179 transportation experts come to give their input since this is a big factor in the Riverdale area. He 180 intended to get things to happen quickly. He suggested starting with the Riverdale area. He didn't , 181 want to drag out their decisions any longer than they had to. He recognized there will be some hard 182 decisions ahead. 183 Mayor Rasmussen assured the city doesn't want to increase any costs or hold up the Ellis'. River Heights City Council Meeting, 2/2/21  Councilmember Wright moved to "adopt Ordinance 1-2021, A Temporary Land Use Regulations Including Moratorium on Development, Building Activity and All Subdivision 186 Applications on Lands Described Herein Within the City of River Heights, with the addition of 187 an ^s* on the end of'resident' in the second paragraph." Councilmember Gallup seconded the 188 motion, which carried with Clausen, Gallup, Huntly, Milbank and Wright in favor. No one 189 opposed. 190 The meeting adjourned at 7:55 p.m. 191 192 193 194 195 196 Sheila Lind, Reqprder 197 198 199 200 Todd A. Rasmussen, Mayor River Heights City Council Meeting, 2/2/21  February 2,2021 River Heights City Bills To Be Paid Pub. Safety Com. Aff. Roads Water Sewer Total Description Admin. P&Z Parks/Rec Payee $732.50 Office Furnace bad Motor $732.50 Bear River Heating and A/C $183.92 Office & School Cylinders $183.92 Beazer Lock & Key, Inc. $41.60 Public Hearing AD $41.60 Cache Valley Publishing $197.30 Office Supplies $197.30 Denny's Stationery $130.00 Change Admin Password $130.00 It Works $134.67 $321.98 Blinds, Cove for School, Well Repairs $187.31 Lowe's $2,160.00 $2,160.00 $8,000.00 Audit for FY20 $3,680.00 Matthew Regen, CPA $1,085.38 $1,085.38 National Equipment Services 2012 Truck Wire harness/Motor/Snow $11,297.35 $11,297.35 9 Precision Concrete Cutting Cut Sidewalks through Town $32.54 Late Fee $32.54 10 Sam's Club $15.98 $15.98 $47.95 Monthly Billing $15.99 11 Secure Instant Payments $88.82 Cleaning Supplies $88.82 12 The Clean Spot $22.55 $22.55 $22.55 $90.19 Fuel for City Vehicles $22.54 13 Thomas Petroleum $1,150.00 Stewart Hill Dirt Loads(Capitol) $1,150.00 14 Thurcon, Inc. $541.89 $541.89 15 USA Bluebook Supplies/Water $165.02 $55.00 $55.02 Monthly Cell Phone Bill $55.00 16 Verizon Wireless 17 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 $12,405.28 $2,930.09 $2,253.55 $24,106.44 $5344.98 $1,172.54 Page 1 SubTotals Page 1 Total Amount to b $24,106.44  Ordinance 1-2021 TEMPORARY LAND USE REGULATIONS INCLUDING MORATORIUM ON DEVELOPMENT,BUILDING ACTIVITY AND ALL SUBDIVISION APPLICATIONS ON LANDS DESCRIBED HEREIN WITHIN THE CITY OF RIVER HEIGHTS WHEREAS, within the City of River Heights, Cache County, State of Utah, there is a critical need to identify and establish appropriate easements, rights-of-way, for public utrftty^lihes and to establish standards and practices that protect health, safety and welfare of the resmen^of the City of River Heights, and update any necessary ordinances, which facilitate appropriate^^d orderly future development ofland within the city boundaries; and, WHEREAS, the City Council has determined and found that there is a compelling countervailing public interest to impose a temporary land use ordinance restriction in the form of a moratorium on any zoning, construction or development in certain areas of the City of River Heights until such easements, rights-of-way and plans can be established, and necessary ordinances can be adopted; and, WHEREAS, the City Council hereby imposes a six-month moratorium on any land use applications in the areas as designated below to allow time for adequate planning and a comprehensive review and revisions of the applicable ordinances pursuant to Utah Code Ann. Section 10-9a-504. NOW, THEREFORE, BE IT ORDAINED, by the Council of River Heights City, Cache County, State of Utah, as follows: 1. Effective immediately upon enactment ofthis ordinance all building, development activity, and any land use application in the area and upon the lands described below are placed on hold, postponed, and prohibited. a. The lands between 100 East and 400 East and between 300 South and 700 South, much of which is referred to as the Riverdale area; b. The lands currently zoned Agricultural adjacent to 800 South and the currently-zoned Commercial area between 100 East and 600 East; c. The lands between 600 East and 800 East and approximately 700 South and to the city boundary line to the south. This property is often referred to as the Lois Weston Family property and property owned by The Church of Jesus Christ of Latter-day Saints; and  d. Parcel 02-025-0015 between 700 East and 750 East north of 600 South referred to as the Todd Weston Family property. 2. The subdivision and development of any real property located within the above limits of River Heights City are hereby temporarily prohibited, and a moratorium on the filing and approving of any application filed before or after the date of adoption of this Ordinance. 3. The moratorium established by this Ordinance shall apply to all applications for subdivisions, zoning changes, or any land use application filed before or after the date of adoption of this Ordinance. 4. The moratorium shall be in effect for a period of six months frpm the date this Ordinance is adopted by the City Council. 5. This Ordinance shall become effective immediately upon publication or posting as set forth by State law. ADOPTED AND PASSED,by the RIVER HEIGHTS CITY COUNCIL this 2"^ day ofFebruary,2021. Todd A. Rasmussen, Mayor ATTEST: Sheila Lind, City Recorder