City Council

River Heights City COUNCIL MEETING AGENDA Tuesday, February 15, 2022 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. Pledge of Allegiance and Opening Thought(Mayor) Adoption of Previous Minutes and Agenda Reports and Approval of Payments(Mayor, Council, Staff) Providence Annexation Request Response Discussion Public Comment Amend Ordinance 1-2022(An Ordinance Granting an Electric Utility Franchise and General Utility Easement to Rocky Mountain Power)- Section 11 Discuss Allowing the Girl Scouts to Use the City Building for their Meetings Discuss Capital Projects and Ranking of Projects that May be Completed by June 30, 2022 Determine Necessary Mid-Year Budget Adjustments Adjourn To join the Zoom meeting: https://us02web.2Oom.us/j/86118081747?pwd=K3EwTXNLSlk2VtlzUmF6bDZNMy$2UT09 Post^a this ll^'' d^y of February 2022 Sheila LInd, Rei rder In compliance with the American Disabiiities Act, individuals needing special accommodations(including auxiliary communicative aids and services) during this meeting should notify Sheila Und,(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 2 3 Council Meeting 4 February 15, 2022 5 6 7 Present: Mayor Jason Thompson 8 Council members: Shariie Gallup 9 Tyson Glover 10 Janet Mathews 11 Chris Milbank 12 Blake Wright 13 14 Recorder Sheila Lind 15 Public Works Director Clayten Nelson 16 Finance Director Cliff Grover 17 Treasurer Wendy Wilker 18 Attorney Jonathan Jenkins 19 20 Others Present: Michael Bingham, Suzanne and Rachel Karren, Mike and 21 Ruthann Nelson, Noel Cooley, Heather Lehnig, Barbara Moon, Andy and Bryson Bentley "23 Electronically Present Lance Pitcher, Katie McNabb, Cindy Schaub 24 25 26 27 The following motions were made during the meeting: 28 29 Motion #1 30 Councilmember Milbank moved to "adopt the minutes of the council meeting of February 1, 2022, 31 and the evening's agenda." Councilmember Gallup seconded the motion, which passed with Gallup, 32 Glover, Mathews, Milbank, and Wright in favor. No one opposed. 33 34 Motion #2 35 Councilmember Milbank moved to "pay the bills as listed." Councilmember Mathews seconded 36 the motion, which passed with Gallup, Glover, Mathews, Milbank, and Wright In favor. No one opposed. 37 38 Motion #3 39 Councilmember Milbank moved to "file the Protest of Notice of Certification of Annexation 40 Petition Adopted by Providence City, Utah by Resolution 035-2021, as is." Councilmember Wright 41 seconded the motion, which passed with Gallup, Mathews, Milbank and Wright in favor. Glover opposed. 42 43 Motion #4 Councilmember Glover moved to "allow Troop 538 to occupy the downstairs of the city building on Fridays from 3:30-5:30 on the conditions that they make a $100 deposit and clean up." IIIULI llLlfcllU Lll^ LUUIIUl MlLLUllls, 520 South 500 East River Heights, Utah 84321 Phone & Fax (435)752-2646 46 Councilmember Mathews seconded the motion, which passed with Gallup, Glover, Mathews, Milbank and 47 Wright in favor. No one opposed. 48 49 Proceedings of the Meeting: 50 51 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in the 52 River Heights City Building on Tuesday, February 15, 2022,for their regular council meeting. 53 Pledge of Allegiance and Opening Thought: Mayor Thompson opened the meeting by reading a 54 statement concerning prayer in public meetings. He announced he will schedule prayer or a thought at 55 each meeting on a rotating schedule. He asked PWD Nelson to lead in the Pledge of Allegiance. Mayor 56 Thompson then offered a prayer. 57 Adoption of Previous Minutes and Agenda: Minutes for the February 1, 2022, meeting were 58 reviewed. 59 Councilmember Milbank moved to "adopt the minutes of the council meeting of February 1, 60 2022,and the evening's agenda." Councilmember Gallup seconded the motion, which passed with 61 Gallup, Glover, Mathews, Milbank, and Wright In favor. No one opposed. 62 Reports and Approval of Pavments fMavor. Council. Staff): 63 Public Works Director Nelson 64 • The new truck arrived. They will clean up the old truck and put it up for sale on Gov Deals. Mayor 65 Thompson suggested KSL He and Mr. Nelson will discuss it later. 66 FD Grover 67 • He discussed the Financial Summary as of January 31. Cash has decreased by $40,000 due to 68 timing of the fire contract. 69 Councilmember Milbank 70 • BioWest is ready to discuss the construction drawings of the first phase of the Stewart Hill Park. 71 He will meet with them on Friday at 10am. 72 • He is working on a RAPZ grant application. 73 Councilmember Matthews 74 • She reported attending a Land Use seminar, in which she learned its very important for cities to 75 have written out specifically what they want so developers will already know. 76 • Councilmember Milbank said there Is a person who would like to offer their irrigation shares to 77 the city. The last shares were purchased for $250/share. He explained there is a process for 78 converting surface water into ground water, which makes it beneficial for the city to have 79 additional shares. Mayor Thompson suggested the city purchase the offered shares. This will be 80 put on the next agenda. 81 Mayor Thompson 82 • He and Councilmember Glover met with CRS Engineers about a traffic study. One of the first 83 things is to get traffic counts. PWD Nelson suggested checking with the County since they had 84 done a number of traffic studies over the last couple years. 85 • He has been meeting with people to discuss the annexation petition that has been submitted in 86 Providence. He's been working with Attorney Jenkins on a protest. 87 • He plans to meet with PWD Nelson,former council members and mayors to determine minimum 88 amounts needed in the water and sewer fund. 89 Councilmember Glover 90 • He said they are waiting for a bid on the remaining sidewalk repairs. River Heights City Council Meeting, 2/15/22  • He said the survey has been completed on 400 South so they can move ahead with property 92 acquisitions. Engineer Rasmussen will provide some exhibits for different options and cost 93 estimates so a decision can be made. 94 • He has been working with PWD Nelson and Kendrick Electric to get the Saddlerock streetlights 95 working. They are hoping to accomplish this as soon as the snow melts. 96 • He has been working on possible utility ideas for the Riverdale area. 97 • On March 1 he will be gone for military leave and plans to join council meeting through Zoom. 98 Councilmember Gallup 99 • She reminded of the emergency preparedness fair that will be held on February 26 from 6-8pm. 100 All residents will receive a flyer mailed to their home. 101 • Check social media for what the ambassadors are up to. 102 Councilmember Wright and Recorder Lind didn't have anything to report. 103 Mayor Thompson informed that the city had received a letter of acceptance for the Rocky Mountain 104 Power Ordinance so it wouldn't be necessary to amend it at the evening's meeting. 105 Treasurer Wilker 106 • She presented the bills. Councilmember Glover requested a copy of the actual bills before the 107 meeting so he could review the details. FD Grover said they could do that. 108 Councilmember Milbank moved to "pay the bills as listed." Councilmember Mathews seconded 109 the motion, which passed with Gallup, Glover, Mathews, Milbank, and Wright In favor. No one 110 opposed. 111 Public Comment: Commissioner Noel Cooley reported on the Land Use Seminar he attended. The biggest thing he heard was that words matter in an ordinance. They need to be clear. Cities are not 11j required to follow their General Plan. They can do what they want as long as it's not illegal. Design 114 standards don't need to follow an ordinance. He also discussed the Providence annexation. He was very 115 concerned about the number of entrances onto 600 South. He suggested River Heights only allow one, 116 aligned with a River Heights access across the street. He also discussed the proposed density, which he 117 was very concerned about. 118 Ruthann Nelson suggested the Providence development could have an exit near the intersection 119 of 1000 E 600 S with a 'right turn only,' which would push traffic toward Providence. She also suggested 120 all accesses to the proposed development should be on 1000 East. 121 Andy Bentley agreed 100% oh one entrance but felt we would probably have to agree to two. He 122 is under contract with the Demars property. He would like to find out what will be required of him for 123 access to the property. He plans on developing 5.5 units per acre or 29 units. He wanted to get a good 124 idea on road costs before he went ahead with the land purchase. Mayor Thompson referred him to the 125 city's subdivision ordinance. 126 Michael Bingham, of Jump the Moon,a non-profit art studio organization serving those In the 127 community with disabilities and other community organizations, explained they are looking for some 128 additional space in the community and would like to be in River Heights in a room in the Old School. They 129 'would be interested In three days a week and more as their organization grew. -130 * Barbara Moon,of the Political Issues Committee in Providence, encouraged River Heights to hold -131 firm on the number of accesses to 600 South and anything else they can do to preserve a higher quality of 132 life with less compaction on the property proposed for annexation in Providence. 133 Bryson Bentley asked questions about the process for getting on city council. Mayor Thompson explained that the mayor and council members are elected. Mayor Thompson and Attorney Jenkins explained some of the criteria required to run for city council. River Heights City Council Meeting, 2/15/22 136 Suzanne Karren asked, If Providence had access onto River Heights roads, would they contribute 137 to River Heights' road funds? She was told they would not. She also supported only allowing one access. 138 Providence Annexation Request Response Discussion: Mayor Thompson hoped to have the 139 support of the council to file a protest on the Providence annexation. He shared the four main points 140 included in the formal protest: 1) Proposition #1, as voted on November 2, 2021, rejected the annexation. 141 2)The streets surrounding the proposed annexation area, 1000 East and 600 South, were not designed for 142 substantial increase traffic. 3) River Heights Elementary and Providence Elementary cannot accommodate 143 the student capacity the density will bring. 4)The current annexation petition creates an island of 144 unincorporated area. 145 Attorney Jenkins wasn't sure if the Providence Council was on board with the annexation or not. 146 River Heights' protest puts the concerns to their city council. If they move forward with the annexation, 147 protests can go to the boundary commission. 148 Councilmember Glover asked what the objective was with the protest. What density are those in 149 favor of the protest shooting for? He questioned whether the referendum said they (Providence citizens) 150 don't want the property annexed or if it was only about density. Commissioner Cooley pointed out the 151 proposal shows single family high density. Mr. Glover said this was completely different from the life- 152 cycle zone. Attorney Jenkins felt the whole of the development, was strikingly similar. Councilmember 153 Wright pointed out that paragraph 2 calls out R-1-10 and 12 zones. Glover said he disagreed with #1. He 154 felt the proposal was a different zone and the property was not in River Heights. 155 Councilmember Gallup said Providence residents felt the density was still too high. 156 Councilmember Milbank asked if it would be legal to restrict access onto 600 South. Attorney 157 Jenkins said the city may have that right since the road is in River Heights. 158 Mayor Thompson said the protest is giving River Heights a seat at the table. Attorney Jenkins said 159 the annexation will probably still move forward but the protest gets River Heights' opinion out there. 160 Councilmember Milbank asked if the unincorporated area could be brought in along with the 161 annexation. Attorney Jenkins said It would need to be brought in as some type of zone. 162 Mayor Thompson said he will do all he can to make sure River Heights can exercise all their rights 163 and protect their citizens. 164 Councilmember Glover addressed the traffic information. He asked how it was concluded that the 165 roads were not designed for this type of development? Attorney Jenkins argued that in its current 166 condition It's not even suitable for its present use. Mr. Glover wanted to keep the attorney out of the 167 data analysis. He is working on getting traffic counts for the city transportation plan and believes these 168 statements should be made by licensed engineers and not the city's attorney. Mayor Thompson 169 responded that he wouldn't tolerate calling into question the city's professionals, especially in an open 170 meeting. 171 Councilmember Glover asked if the developers were required to provide a school capacity analysis 172 or is this the responsibility of the school district. He felt it should be in the school district's hands to work 173 through growth possibilities. Mayor Thompson responded that the City's letter is meant to be political 174 with the purpose of bringing these issues to the Providence Council. Attorney Jenkins responded that the 175 school district Is also a political subdivision and will address growth. However, if student occupancy at 176 River Heights and Providence Elementarles goes up it could cause some of our students to be transferred 177 to a school outside of our city. The school district will probably need to bond again, but that takes time. 178 Councilmember Glover agreed to filing the protest with an objective clearly stated. He fully 179 agreed with point #4. He did not agree with the way point #2 was written. Attorney Jenkins wasn't 180 against adjusting the letter. Mr. Glover would agree to #2 if it was stated that they would provide the 181 data that proves the cross section they are proposing would meet traffic demands. He said he tries to River Heights City Council Meeting, 2/15/22 4  stay away from too much government overreach and feels for the developer. He supported moving 183 forward with the protest with different verbiage. 184 Mayor Thompson thanked Attorney Jenkins for his help. He expressed concern that no reach, 185 over fear of overreach, would not be doing their duty to the public. 186 Noel Cooley pointed out that Providence has a new mayor and council. He felt the River Heights 187 protest letter was an attempt at getting the attention of the new members. 188 Mayor Thompson asked for a vote on the protest as it stood. 189 Councilmember Milbank moved to "file the Protest of Notice of Certification of Annexation 190 Petition Adopted by Providence City, Utah by Resolution 035-2021,as is." Councilmember Wright 191 seconded the motion, which passed with Gallup; Mathews, Milbank and Wright in favor. Glover 192 opposed. 193 Andy Bentley stated that Providence City felt the same way as River Heights. 194 Amend Ordinance 1-2022 fAn Ordinance Granting an Electric Utility Franchise and General Utilitv 195 Easement to Rockv Mountain Power!-Section 11: Mayor Thompson informed that Rocky Mountain 196 Power had sent a letter of acceptance for the ordinance previously adopted so this Item didn't need to be 197 discussed. 198 Discuss Allowing the Girl Scouts to Use the Citv Building for their Meetings: Mayor Thompson 199 informed that the city currently allows the boy scouts to use the building. Councilmember Milbank 200 discussed his concerns about cleaning and security. The boy scout's leader Is a city employee with a key 201 to let them in, which wouldn't be the case with the girl scouts. 202 Mayor Thompson asked FD Grover if he had concerns since his and the treasurer had their offices ", downstairs. FDGrover wasn't concerned about safety since their offices lock. He did say they work evenings sometimes, and the scouts would need to be okay with that. Suzanne Karren informed they 205 hold their meetings from 3:30 p.m. to 5:30 p.m. FD Grover suggested they be out by 5:00 to prevent staff 206 from coming back during off hours. PWD Nelson Informed that the boy scouts paid a $100 deposit. 207 Mayor Thompson proposed the same deposit and expressed the need for keeping the building clean. 208 Councilmember Gallup suggested having two adult leaders present. Ms. Karren agreed with the 209 conditions and said they also have their own insurance. Councilmember Glover suggested only allowing 210 their Troop (538) use of the building. FD Grover suggested only allowing use of the downstairs. 211 Councilmember Glover volunteered to lock up If they went past 5:00 p.m. 212 Councilmember Glover moved to "allow Troop 538 to occupy the downstairs of the city building 213 on Fridays from 3:30-5:30 on the conditions that they make a $100 deposit and clean up." 214 Councilmember Mathews seconded the motion, which passed with Gallup, Glover, Mathews, Milbank 215 and Wright in favor. No one opposed. 216 Discuss Capital Projects and Ranking of Projects that Mav be'Completed bv June 30. 2022: Mayor 217 Thompson said they would discuss capital projects but not ranking. He turned some time over to FD 218 Grover. Mr. Grover discussed his previous request that the council members review their budgets to 219 make necessary adjustments for the current year. He no longer felt this was necessary since they were so 220 far into the year. 221 Councilmember Gallup asked about the purchase requisition amount. Mayor Thompson 222 • answered'that any purchase over $1,000 required a purchase order to be approved by the council. FD 223 Grover Informed that Treasurer Wilker will present training on the process later. 224 Mayor Thompson pointed out some adjustments he made to the Weighted Capital Projects 2021- 22 list. Gray meant it wouldn't be possible to get the project done by June 30. If those were eliminated $308,000 would be saved, which would preclude the need to pull from the sewer fund. Orange reflected 227 the projects they were currently working on. River Heights City Council Meeting,2/15/22 228 FD Grover informed that the city would receive about $70,000 more from tax revenue this year, 229 which would cover the short fall. He suggested to continue working on the projects already started but 230 not spend any more on additional projects. Mayor Thompson agreed and said he planned to do a water 231 and sewer fund analysis to determine the lowest amounts needed for reserve in those funds. This would 232 help them know how much is available to spend. 233 Councilmember Glover discussed the 400 East sidewalk. He felt the right of ways could be 234 purchased by June 30. Mayor Thompson informed of the political side to the project. Before moving 235 ahead all property owners need to be on board. FD Grover didn't think it would be realistic for the 236 sidewalk right of way to be purchased by June 30. They decided to leave the $65,000 on the list and work 237 towards it. They would know by April if the project would require moving money from the sewer fund. 238 Mayor Thompson asked council members to meet with FD Grover to find out where they were on 239 their budgets. He asked that they each start creating a priority projects list for next fiscal year's budget to 240 discuss at the next meeting. 241 FD Grover gave an overview of the budget process. A public hearing needed to be held by May 1. 242 He planned to meet with each of them in April and then do an analysis with all the information. Cities are 243 required to have revenues equal expenses. 244 FD Grover asked if the lower well upgrades would require a road. Mayor Thompson said it would 245 only include a driveway. 246 Determine Necessarv Mid-Year Budget Adiustments: Cancelled. 247 The meeting adjourned at 8:30 p.m. 248 249 250 251 Sheila Lind, Recorder 252 253 Jason Thompson, Mayor River Heights City Council Meeting,2/15/22 River Heights City Financial Summary - Updated January 31,2022 12/31/21 01/31/22 Net Change % of Total General Fund 315,078.47 263,363.66 (51,714.81) 9.84% Capital Projects Fund 447,298.13 441,725.39 (5,572.74) 16.50% Water Fund 1,097,846.96 1,105,996.49 8,149.53 41.30% Sewer Fund 858,531.56 866,575.24 8,043.68 32.36% Total Cash Balance 2,718,755.12 2,677,660.78 (41,094.34) 100.00% %Of %Of Unexpended Budget Time VTD Actual Annual Budget Budget Incurred Incurred Revenue 589,493.57 969,805.00 380,311.43 60.78% 58.90% Expenditures Administrative 96,207.99 192,550.00 96,342.01 49.97% 58.90% Office 14,210.91 26,040.00 11,829.09 54.57% 58.90% Community Affairs 12,355.19 25,550.00 13,194.81 48.36% 58.90% Pianning& Zoning 541.86 3,205.00 2,663.14 16.91% 58.90% Public Safety 170,570.39 218,910.00 48,339.61 77.92% 58.90% Roads 79,284.16 146,500.00 67,215.84 54.12% 58.90% Parks & Recreation 35,533.13 73,850.00 38,316.87 48.12% 58.90% Sanitation 104,850.43 150,000.00 45,149.57 69.90% 58.90% School Building 7,762.24 33,200.00 25,437.76 23.38% 58.90% Transfer To CP Fund 100,000.00 100,000.00 - 100.00% Total Expenditures 621,316.30 969,805.00 348,488.70 64.07% 58.90% Net Revenue Over Expenditures (31,822.73) - 31,822.73 .CapitaljPrbjects Fund;, Revenue 664.92 3,000.00 2,335.08 58.90% Reimbursement income - - - Transfer From General Fund 100,000.00 100,000.00 - Expenditures Administrative _ 22,000.00 22,000.00 58.90% Parks & Recreation 13,866.05 150,000.00 136,133.95 58.90% Roads 65,319.69 272,400.00 207,080.31 58.90% - - - 58.90% Total Expenditures 79,185.74 444,400.00 365,214.26 58.90% Net Revenue Over Expenditures 21,479.18 (341,400.00) (362,879.18) '5 WbterlFuhd Revenue 337,559.71 457,003.00 119,443.29 73.86% 58.90% Expenditures 127,719.38 507,140.00 379,420.62 25.18% 58.90% Net Revenue Over Expenditures 209,840.33 (50,137.00) (259,977.33) Sewer Fund ' • . ' Revenue 224,652.90 402,703.00 178,050.10 55.79% 58.90% Expenditures 139,566.57 438,890.00 299,323.43 31.80% 58.90% Net Revenue Over Expenditures 85,086.33 (36,187,00) (121,273.33) I ■ ■ -■ ■■"-V" \ /-.i ' .'Combined-All Funds Net Revenue Over Expenditures - Combined 284,583.11 (427,724.00) (712,307.11)  February.8,2022 ,Jliver Heights.City'Bills To Be Paid P&Z Parks/Rec Pub.Safety Com\ AfT.= Roads Water Siewer Total Payee D^cription Admin. :S126:85 $126.85 $126.84 'V ]$380.54 1 . AUTech MbnAly BillingTcch. 2' Bear River Health Department Monthly Water Conform Testing $40.00 ■ '-'%0.00 Public:Hearing Ad $27.45 ^.$27.^5 3- Cache Valley Publishing Monthly Billing $91:69 $91.66 $91.65 4- Caselle^ Inc. 5 Daines & Jenkins Attorney for Nielsen Variance $62.50 .;.-'f'.:$62;56 6 IPACO Bulletin-Board for Emergency Preparedness $91.40 7- Jason Thompson MacDesktopj PhoneCase,,BIuetgpth Etc. :$1,904.44 ShMM 8 Secure'Instant_.Payments $16.74 $16.73 $16.73 , - $50.20 Arnbassador Meeting/Service.Project $118.81 *^$118.81 9 Sh^lie Gallup, Bulletin Board for Emergency Preparedness $13:14 $13.14 10 South Fork'Hardware $57.45 $57.46 $5146 ;$57.46 $229.83 11 Thomas Petroiuem Fuel for City Vehicles- 12 Yerzon Wirejess Mprithly Billing & part^pf New M^pr Ph .$125.58 $125.58 $125.62 ^ ,$376.'78 13 Young Chevrolet 202!Chevrolet Silverado $36,038;00 S36,038idd 14 15 16 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 Pagc'l;SubTotais ^7:45- $3?i6d8.0'9 '-T- .A - Pnoe l'Totfll AmnunKo lie Paid -;S39.608.09^  Invoice Report by GL Account Page: 1 River Heights.City Report dates:01^•02/22 :Feb08,2022 02:09PM Inyoice/Check Invoice Discount Netlnvoica GL Account Irivoia Sequence Description Type Due Date pate Aniount Amount CheckAmount Number Numljer 104143 85 Oalnes arid Jenkins, LLP 8222 '1 Legal Fees 10-41-43 Invoice 02/0^2022 03/02/2022 62150 -.00 pp 00 62.50 •104143 62.50 ,•00 62.50 Total 104143; '104180 623 Secure Instant Payments,LLC 01/31/2022 02/28/2022 16.74 .00 l'6.74 i0418d INV-12214 1 Split distribution Invoice 15.74 ,00 16.74 Total 104180: 104410 1045 Thompson,Jasori Invoice 01/25/202,2 6^512022 1,804.44 .00 1,904.44 104410 012522 1 Personal request for Mac Comput 1,904.44 -PQ • .1",904.44 Total 104410; 104435 iee Caselle 02/01/2022 O3/O1/2022 '91.69 •00 91,69 104435 114873 1 Monthly Support Charges Invoice 91.69 .00 91.69 Total 104435: 104452 135 Cache Valley Publishing Invoice 01/25^22 02/25/2922 27.45 ;oo 27.45 104452^ 194280 1 Public Hearing Ad 10-44:52 27.45 •00 27.45 Total ,104452:, 104478 863 Verizon Wireless Invoice 01/23/2022 02/23/2022 125.58 125.68 104478 01^22 1 Split 9?5AskAIITech LLC Invoice 0^03/2022 03/03/2022 126.85 126.85 104478 AT.23378 1 Split Tcrtai104478:, 252.43 rPO 252.43 104870 446 Gallup, Sharlie Invoice 02/05/2022 03/05/2022 118.81 .00 118.81 104870 02052^ '1 AmbasMdofs/Royalty 10-48-70 118.01 .00 118,81 Total •104870: 105425 146 IPAGO Invoice 01/31/2022 02128/2022 91.40 •Pp 91,40 105425 PS438472 1 Emergency Prepardness '10-54-2 484.South Fork Hardware-Logan #9 Invoice 02/01/2022 03/01/2022 '13:14 .00 13.14 105425 374927 1 Emergency Prepardness 10-54-2 104.54 .00 104.54. Total 105425: 106050 133 Thomas Petroleum. LLC Invoice 01/24^622 02/24/2022 42.24 .00 42.24 106050 M0.13447-iN 1 Roads Gas, Oil, Vehicle Repair Invoice 01/24/2022 02J2AI2022 15.22 .00 15.22 106050 M013448-IN 1 Roads Gas, Oil, Vehicle Repair  River Heights City Bills To Be Paid February 15,2022 Payee Description Admin. P&Z Parks/Rec Pub. Safety Com. AfT. Roads Water Sewer Total 1 AllTech Monthly Billing Tech ).32 $96.32 $95.32 $287.96 2 Bear River Health Department Monthly Water Coliform Testing $40.00 $40.00 3 Bio West Stewart Hill Park Professional Fees $2,374.29 $2,374.29 4 Cache County Corporation Semi-Annual Billing 50% Animal «&Law $10,348.50 $10,348.50 5 Daines & Jenkins Legal Fees $832.00 $832.00 6 Freedom Mailing Monthly Billing for Bill Processing $163.79 $54.59 $54.59 $272.97 7 Logan City Water Consumption $149.35 $149.35 8 NAPA Auto Parts Ice Melt and Supplies $64.95 $36.47 $36.46 $137.88 9 Rocky Mountain Power Electricity $292.69 $55.24 $24.14 $1,182.60 $2,747.87 $23.18 $4,325.72 10 West Motor Company Vehicle Maintenance $38.15 $19.07 $19.07 $76.29 11 Xerox Monthly Copier Billing $266.21 $266.21 12 13 14 15 16 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 Page I SubTotals $2,429.53 $10372.64 $1,285.70 $3,143.67 $228.62 $19,111.17 Page 1 Total Amount 1 'aid $19,111.17  Non-Profit 501c3 Established 2017 Serving individuals with disabilities and community organizations Old location on Main Common Ground Cache Employment Training Center Cache School District Special Ed Options for independence Assisted Living Centers Vocational Rehab Chrysalis, Stride § and more » plus many volunteer and service opportunities Contact: Michael J. Bingham 435 750-5066 michael@jumpthemoon.org & as  PROTEST OF NOTICE OF CERTIFICATION OF ANNEXATION PETITION ADOPTED BY PROVIDENCE CITY,UTAH BY RESOLUTION 035-2021 February 15,2022 This firm represents the interests ofRiver Heights City. As an affected entity adjacent to the proposed area of annexation, protest is filed in accordance with Utah Code Ann.§ 10-2-407(l)(a). Therefore, River Heights City protests the annexation adopted by Providence City, Utah by Resolution 035-2021. The reasons and justification for the protest are as follows: 1. Proposition #1, as Voted on November 2,2021, Rejected the Annexation. On March 12,2019,Providence City Council unanimously passed Ordinance 2019-004— "Annexation of and Zone Assignment for Parcels No.02-004-0001 & 02-004-0002". This area is on the north side ofthe Vineyard development and was formerly known as the Chugg property. It is approximately 22.13 acres. The ordinance granted an annexation petition ofthe two parcels into providence City from Cache County, modified the city boundaries and assigned a Life Cycle Residential(LCR)land use zone to the two parcels. In the November 2021 election, Proposition #1 asked,"Shall the Providence City voters approve Ordinance No.2019-004? Eighty one percent(81%)ofProvidence City voters voted against Proposition #1; rejecting the proposed annexation. However, it appears that Providence City Council by approving the annexation would allow the annexation despite strong public opposition to the annexation. In any event, the political imprudence ofProvidence City Council is not at issue. However, allowing the annexation after it was affirmatively rejected by the citizens is unconstitutional. Utah Constitution Article VI, §l(2)(b) gives citizens the right to challenge any law or ordinance "passed by the law-making body ofthe... city... to be submitted to the voters." The Supreme Court of Utah has recognized this as "the constitutional power of the people to initiate legislation." Carter V. Lehi City, 2012 UT 2,^ 3."That power is a fundamental guardian ofliberty and an ultimate protection against tyranny.!'Id. The guardian the court refers to vests "Legislative power' in 'the people ofthe State of Utah' and provides for its exercise through ballot initiatives and referenda." Id. at^ 17 {citing Citizen's Awareness Now v. Marakis, 873 P.2d 1117,112(Utah 1994). This mechanism is intended to carry the same weight as other legislative bodies and grants the people, through referendum, the right to keep elected legislatures in check.Id. at 127. Ignoring a referendum runs afoul ofthis constitutional protection and power. By adopting a resolution that substantially overrules the referendum by the citizens, Providence City impermissibly discounts the citizens' constitutional power to legislate. 2. The Streets Surrounding the Proposed Annexation Area,1000 East and 600 South, Were Not Designed for Substantial Increase Traffic. The annexation proposal submits that on the land there will be forty-three(43)active adult lots,forty- seven(47)single family lots, and twenty-nine(29)4-plex townhomes on the proposed annexation area. Therefore, a total oftwo hundred and six (206)residential units are proposed to be placed in the annexation area. With a conservative increase of one and one half 1.5 drivers per unit, that increases traffic in the area by three hundred and nine(309) drivers. Increasing the traffic in this area would result in major traffic disruptions. Not only does this increase the wear-and-tear on the road themselves, but it also causes safety concerns in the surrounding neighborhoods whenever there is an increase in traffic to residential streets. While obvious traffic would dramatically increase, Alliance Consulting Engineers, Inc's Subdivision Feasibility Summary only briefly mentions that "each ofthese roads have a 66 foot right of way and sufficient capacity for the proposed development." The Summary fails to adequately address the impact of increased traffic and additional wear-and-tear on the roads. River Heights City opposes the proposed smaller lot single family homes proposed for the 600 South 1000 East annexation area and respectfully requests the area be developed with similar zoning parameters as the developed areas north of600 South which are zoned R-1-10 and R-1-12 in River Heights, with minimum lot sizes of 10,000 and 12,000 square feet, respectively. This zoning is reasonable and effective for the mid-bench area ofthis location. A map showing the surrounding River Heights City Zoning is provided herewith. 3. River Heights Elementary and Providence Elementary Cannot Accommodate the Student Capacity the Density Will Bring. Similarly, adding two hundred and six (206)residential units to the area will create significant increases in the student population of the serving elementary schools. Currently, Providence Elementary and River Heights Elementary service the proposed area of annexation. Significantly increasing the number of students in a school limits the school's ability to provide space and resources necessary for quality education. The petition for annexation is completely devoid of any analysis as to the impact on local schooling. Currently, River Heights Elementary School has 35 more students this year than last year as of October 1,2021. This puts the school at 111.4% capacity. The school has six portable classrooms on campus allowing it to function at the current overcapacity level. Similarly, Providence Elementary School is up 14 students this year over last year as of October 1,2021. This puts the school functioning at 106.8% with no portable classrooms to accommodate the overcapacity level. The schooling impact should be a top priority for Providence City and the annexation and development of the proposed area should not proceed in its current proposal. 4. The Current Annexation Petition Creates an Island of Unincorporated Area. Utah Code Ann. § 10-2-403(5)(b) requires,"when practicable and feasible", any proposed annexation be drawn in a way "to eliminate island and peninsulas ofterritory." The current Petition for annexation creates an island of unincorporated area. See the attached map ofthe area surrounding the proposed annex area for reference. The current petition only proposes to annex two parcels(02-004- 0001 & 02-004-0002), outline in red in the diagram. The area outlined in pink is current unincorporated land that is not part ofthe unincorporated island. The area outlined in orange is River  Height City, and the area outline in green in Providence City. The area outlined in blue (parcel nos. 02-029-0051, 02-029-0052, and 02-029-0053)is the unincorporated island and, as shown by the diagram, would be surrounded by incorporated areas. Therefore, accepting the current petition would create a prohibited island of unincorporated land. Avoiding the island of unincorporated land would not be impracticable nor infeasible. It is unclear why the petitioner has not included this island of unincorporated land. However, approving the current annexation petition is improper and should be denied. CONCLUSION Allowing the annexation despite citizen rejection ofthe same is an affront to proper government in Utah. Further, the local infrastructure, including roads, bridges, and schools, cannot accommodate the proposed density ofthe annexation area. Granting the petition would also create an improper island of unincorporated land. Elected officials should take steps to protect the community and allowing the annexation is contrary to this objective. DAINES & JENKINS,LLP /s/Jonathan E. Jenkins J  Parcel Map 480S R-1-10 Cm 600 South 1000 East n Annexation Area cm - m 1:4,514 2/15/2022, 8:09:37 AM 0.11 m» Wellsville Zoning GENERAL COMMERCIAL - GC ■■ RESIDENTIAL AGRICULTURE - 5 ACRE I ■ NEIGHBORHOOD COMMERCIAL - NC CD HIGHWAY COMMERCIAL - CH CD RESIDENTIAL -1 ACRE 0.18 km ■H COMMUNITY COMMERCIAL-C1-C2 ■■ manufacturing RESIDENTIAL-1/2 ACRE uHder for ArcGIS I CopyrigW® 2013 NaHonal Geograi^MC Society, i-cubed | Nationat Geographic, Esri, Gacmin, HERE, UN tC. USGS, NASA. ESA, METt, NRCAN. GEBCO, NOAA. Increment P Corp. 1 Maxar | Earthstar Geograpttlcs iar Geographies |  1 River Height C:.ty Uninc(|rpo^Lte<| Island vidence City Proposed Annexation Are^l I- Unicorporated i*nl? m li 1 [ipi li Capital Projects Schedule Report As of June 15,2021 Start Projected Bids Bids Area Project Budget Amount Date Completion Date Required Received FY 2020-21 Parks • Stewart Hill Park 50,000.00 ? 05/30/22 Not spent Sewer 10.000.00 ? 05/30/22 Total FY 2020-21 60.000.00 FY 2021-22 Administrative Old School Stair Repair and Ramp ■12,OOQ;0& 08/01/21 03/30/22 • li,0OO Administrative Master Plan City Square 07/01/21 12/30/21 ^^,ooo Parks Stewart Hill Park 200,000.00 04/01/21 07/22/22 Roads Sidewalk and Park Strip 400 South (600 East to 70,000.00 ? ? 65,000.00 7 7 Roads 400 South Sidwaik Right of Way Acquisition Roads Sidewalk Repairs City-wide 50,000;00 07/01/21 06/30/22 5,000 Planning Roads Sidwaik and Park Strip 400 South (500 East to 45,000.00 ? ? Roads Road Sea] ^%0OO -407000:00 08/01/21 Complete "11,000 Roads Sidewalk Identified by Paint ^©0 47209:00 07/01/21 Complete Roads Sidewalk identified by Paint 47209:00 07/01/21 Complete ^00 Sewer New Shop ■3307009:60 Q1/Q1122 04/15/22 -k Sewer New Truck 35,000.00 07/01/21 Complete Water Upgrade Lower Well 200,000.00 06/01/21 05/30/22 Water Upgrade Water Line Lower Well to River 90,000.00 08/15/21 05/30/22 Water Lower Weil Property Aquisition 15.000.00 06/01/21 12/31/21 954.400.00 Huntly Milbank Gallup Clausen Wright Ranking Project Sponsor Cost Start Date Completion Date 28 9 8 27 9 16.2 Raze Old Church 250,000 1 2 1 26 1 6.2 Stewart Hill Park Chris Milbank, Blake Wright 200,000 Apr-21 Jul-22 23 1 10 1 10 9 New Shop Doug Clausen 120,000 lJun21 10ct21 2 5 4 2 4 3.4 Upgrade Lower Well Doug Clausen 100,000 1 June 21 lSAug21 20 0 7 7 0 6.8 500 East Road Surface 100,000 Removed to focus on 400 South Sidewalk Upgrade Water Line Lower Well 3 6 5 3 0 3.4 to River Heights Blvd Doug Clausen 90,000 15Aug21 15 0ct21 Sidewalk and Park Strip 400 South 27 14 18 15 13 17.4 (600 East to 500 East) 70,000 Moved up in ranking by the council 400 South Sidwalk Right of Way 26 13 17 16 12 16.8 Acquisition 65,000 Moved up in ranking by the council 8 7 13 18 2 9.6 Sidewalk Repairs City-wide Todd Rasmussen 50,000 lJuly 21 30Jun22 25 0 19 17 14 15 (500 East to 400 East) 45,000 Moved up in ranking by the council 9 8 6 6 0 5.8 500 East Water Line Upgrade Doug Clausen 40,000 Removed to focus on 400 South Sidewalk 4 0 14 4 7 5.8 Road Seal Nancy Huntly 40,000 lAug21 15 0ct21 12 0 9 8 8 7.4 New Truck Doug Clausen 35,000 1JuIy21 15NOV21 21 IS 25 25 0 17.2 800 East 30,000 10 0 42 9 0 12.2 Improvement 30,000 24 0 20 19 0 12.6 500 South) 25,000 19 0 26 20 0 13 Blvd to 400 South) 20,000 14 0 24 21 0 11.8 River Heights Blvd) 20,000 11 0 23 22 0 11.2 Summerwild) 18,000 13 0 21 23 0 11.4 700 South West side) 16,000 22 3 3 12 6 9.2 Lower Well Property Aquisition Todd Rasmussen 15,000 1 June 21 lAug21 7 11 2 11 5 7.2 Old School Stair Repair and Ramp Todd Rasmussen 12,000 1 Aug 21 1 sept 21 18 0 22 24 0 12.8 sidewalk on East side of 500 East) 12,000 16 4 15 10 3 9.6 Master Plan City Square Blake Wright, Todd Rasmussen 10,000 15 0ct21 15 Dec 21 5 12 11 13 15 11.2 Pedestrian Crossing Paint 5,000 6 0 27 14 0 9.4 Sidewalk Identified by Paint Todd Rasmussen 1,200 1 July 21 30 Aug 21 7 0 28 14 0 9.8 Sidewalk Identified by Paint Todd Rasmussen 1,200 1 July 21 30 Aug 21 Tota of All Projects 1,420,400 Top Ranked Projects 854,400 24 ■ 0 20 mm■i 19 0 12.6 $25,000.00 S0.00 So.oo ■■■ N/A N/A ^26 2^^ ^13 Sidewalk SOO East (River HcisMs $20,000.00 $0.00 SO.OO N/A N/A 14 0 24 21 0 11.8 Sidewalk 400 East (400 South to $20,000.00 S0.00 so.oo N/A N/A 11 0 23 22 0 11.2 Sidewalk 600 South (400 East to $18,000.00 $0.00 $0.00 $0.00 N/A N/A 13 0 21 23 0 11.4 Sidewalk SCO East (630 South to $16,OW.OO $0.00 $0.00 $0.00 N/A N/A 1 P^TSsr .■. , «5| r "M WRM SlSi)00.00 t;.' ■■. i'*i ■■ $12.00R00 12.8 SUewilk SOO Eait (Complctt si2j222£° $0.00 $10^.00 12 11 13 15 11.2 Pedestrian CnKSins Patm $5,000.00 $0.00 $0.00 N/A N/A $1,200.00 I'M :"sae«a>kldeMMte<>>y>»>Bt| -r-.- $1,200.00 Total of All Projects: $1,520,400.00 Raitksd Projects: $854,400.00