City Council

River Heights City COUNCIL MEETING AGENDA Tuesday, July 6, 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 office@riverheights.org (by noon on the date of the meeting). Adoption of Previous Minutes and Agenda Reports and Approval of Payments(Mayor, Council, Staff) Public Comment Discuss an Ordinance to Adopt Changes to the City Code, Regarding PUD Zone Discuss Changes to the General Plan Land Use Map Adjourn To join the Zoom meeting: https://us02web.2Oom.us/j/84397026888 Dial; 1 346 248 7799, Meeting ID: 843 9702 6888 Posted^t|^is r* day oJ^Ji^ly 2021 Sheila Lind, Recosfder Attachments for this meeting and previous meeting minutes can be found on the State's Public Notice Website (https;//www.utah.gov/pmn/). In compliance with the American Disabilities Act, individuals needing special accommodations(including auxiliary communicative aids and services) during this meeting should notify Sheila Ltnd,(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 July 6, 2021 5 6 7 Present: Mayor Todd Rasmussen 8 Council members: Doug Clausen 9 Sharlie Gallup 10 Nancy Huntly 11 Chris Mllbank 12 Blake Wright 13 14 Recorder Sheila Lind 15 Public Works Director Clayten Nelson 16 Staff Tech Joseph Johnson 17 18 Excused: Treasurer Wendy Wilker 19 Finance Director Clifford Grover 20 21 Others Present: Commissioners Noel Cooley, Heather Lehnig and Cindy Schaub, Bob Ellis, Mike Jablonski, Mary Barrus, Jerry Pence, Kathy Ruggeri, Vern Fielding 24 25 Electronically Present: Boyd Humphreys, Janet Matthews 26 27 28 The following motions were made during the meeting: 29 30 Motion #1 31 Councilmember Clausen moved to "adopt the minutes of the council meeting of June 15, 2021 32 and the evening's agenda." Councilmember Milbank seconded the motion, which passed with Clausen, 33 Gallup, Huntly, Milbank, and Wright in favor. No one opposed. 34 35 Motion #2 36 Councilmember Wright moved to "pay the bills as listed, as well as the ones listed on the Drive by 37 Treasurer Wilker." Councilmember Gallup seconded the motion, which passed with Clausen, Gallup, 38 Huntly, Mllbank, and Wright in favor. No one opposed. 39 40 Motion #3 41 Councilmember Gallup moved to "repeal the 10-7 Mixed Use Zone and remove column "M" in 10- 42 12-1." Councilmember Wright seconded the motion, which carried with Clausen, Gallup, Huntly, Milbank 43 and Wright in favor. No one opposed. Ad IliuLi IlLibinJ ut|i cauiuii I'lUftatmg, I'/o/ 520 South 500 East River Heights, Utah 84321 Phone &Fax (435) 752-2646 46 Proceedings of the Meeting: A1 48 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosble Council Chambers in the 49 River Heights City Building on Tuesday,July 6, 2021 for their regular council meeting. Councilmember 50 Clausen led in the Pledge of Allegiance. 51 Adoption of Previous Minutes and Agenda: Minutes for the June 15, 2021 meeting were 52 reviewed. 53 Councilmember Clausen moved to "adopt the minutes of the council meeting of June 15, 2021 54 and the evening's agenda." Councilmember Milbank seconded the motion, which passed with Clausen, 55 Gallup, Huntly, Milbank, and Wright In favor. No one opposed. 56 Reports and Approval of Payments (Mavor. Council. Staff): 57 Public Works Director Nelson 58 • They have installed the boxes and pipe for the 800 South irrigation and storm water 59 improvements. The lids are on back order. Once they arrive and are Installed, they will do a test 60 run. 61 • The rope has broken on the flagpole at the City Building. He thought replacing and updating the 62 pole would be a good eagle scout project. They will see if they can find an interested scout. 63 Councilmember Huntly 64 • She reportedly obtained agreements from Logan to use as a starting place for drafting something 65 between River Heights and Prolog Irrigation Company. She would like to invite Steve Thunell (of 66 the Irrigation company)to come to a meeting to start the discussion. Mayor Rasmussen 67 suggested she meet with him, another council member and PWD Nelson to work up a preliminary 68 draft before coming to the Council. Ms. Huntly said Mr. Thunell has requested a meeting with the 69 full council, but she will talk to him again. She believes he Is not Interested In an agreement. 70 Councilmember Milbank reminded that the city collects stormwater fees, which are to be used to 71 upgrade the system. PWD Nelson informed that every time they do a road project a lot of that 72 money goes towards ditch upgrades. The recent 400 South Road project included over $60,000 in 73 irrigation Improvements. Ms. Huntly thought It would be helpful to cut and paste from another 74 city's agreement to tailor one that would fit River Heights and Prolog. 75 • She attended a meeting In which COVID relief funds were discussed and how they can be applied 76 for. Councilmember Clausen received information as well, which he turned over to FD Grover. 77 Councilmember Clausen 78 • He is planning a city bar-b-que for next Tuesday at 7:00 pm, at the city pavilion. He was hoping 79 the Commission could meet at 6:00 and be finished by 7:00. He and Councilmember Gallup will 80 get all the food. He asked Recorder Lind to notify all who work for the city. 81 'He presented a decrease in sewer fees of $2/month and would like the Council to discuss this at 82 the next meeting. Ever since the city fixed the infiltration problems last fall, the flow has gone 83 down. He handed out data which supported his recommendation. He also portrayed how the 84 decrease would affect the budget. He felt the reduction in flow, and therefore costs, should be 85 passed on to the residents. 86 Councilmember Gallup 87 • She will check with Treasurer Wilker on some questions she had with the bills. 88 Councilmember Wright and Recorder lind didn't have anything to report. 89 Treasurer Wilker was absent. River Heights City Council Meeting,7/5/21 • Public Comment: Mike Jablonski said he and his neighbors met with Mayor Rasmussen and Councilmember Wright. Part of the discussion was the threat that the owners of the property for sale in 92 Riverdale could annex into Logan if they do not get what they want from River Heights. He suggested the 93 council members meet with an attorney to find out if this could legally happen before they vote on the 94 PUD ordinance. He requested they put off the adoption of the ordinance and extend the moratorium, to 95 allow, more time for research and due diligence. He hoped they would read all the comments he and his 96 wife, Cindy had submitted to the Planning Commission. They love living in River Heights and want to stay. 97 Cindy Schaub requested the flag by the restroom be replaced since it was looking shabby. 98 Mary Barrus reported on the Cache Valley Transit District. She has really enjoyed being on their 99 board and going to their meetings. She informed about an upcoming bus rodeo and invited everyone to 100 attend. 101 In the absence of Treasurer Wllker, Mayor Rasmussen presented the list of bills to be paid. 102 Councilmember Wright moved to "pay the bills as listed, as well as the ones listed on the Drive 103 by Treasurer Wilker." Councilmember Gallup seconded the motion, which passed with Clausen, Gallup, 104 Huntly, Milbank, and Wright in favor. No one opposed. 105 Discuss an Ordinance to Adopt Changes to the City Code. Regarding PUD Zone: Mayor Rasmussen 106 said he had talked to the city attorney today, to discuss the best direction to go with the PUD ordinance. 107 He pointed out, the moratorium is nearly up and there are not options to extend it. He suggested 108 repealing the Mixed-Use and PUD sections of the code for the time being, while continuing their work on 109 revising the PUD ordinance. If they do not get it adopted by the time the moratorium is up, the Riverdale 110 property can still be developed within the R-1-12 zone. 111 Mayor Rasmussen hoped they could cover three items tonight: 1) Discuss whether it would be best to keep a stand-alone PUD zone or offer it as an overlay zone. 2) Discuss desired density for PUDs. Ti3 3) Discuss restrictions or design standards they want to apply to the PUD. He was interested in finding out 114 the council's disagreements and then prepare to address them at the next meeting, in which the city 115 attorney will attend. 116 Councilmember Wright discussed the PUD as an overlay, which would allow a bonus density by a 117 certain percentage, based on the underlying zone. He identified the parcels that the PUD zone could 118 apply to. He guessed they could make it work as a stand-alone or overlay zone. 119 Mayor Rasmussen liked the overlay idea because development would need to match the 120 surrounding zones. He encouraged the attending commissioners to give their opinion, if they felt it would 121 benefit the council's discussion. 122 Councilmember Wright said the PUD ordinance in front of them would allow 6 dwellings per gross 123 acre. It's assumed that 20% of the area will be in roads and infrastructure. Also required is 25% open 124 space. This puts it at 9-10 units per net acre. 125 Mayor Rasmussen agreed that River Heights does not need to solve the housing crisis. He also 126 agreed that it is not ethically right to pass the Job on to surrounding communities. As homes in River 127 Heights age, they may be torn down and a PUD created. An overlay zone could smartly build out these 128 areas, which could be more affordable. Councilmember Wright said architectural standards would play a 129 big part in this idea. He noted that Just because there are 5 acres somewhere, does not mean it should 130 automatically get to have a PUD zone. 131 Mayor Rasmussen suggested by labeling the discussed properties on the general plan map as 132 residential, it would drive a developer to develop something that fits with the surrounding community, or 133 they could apply for an overlay zone. Councilmember Wright suggested they make the PUD zone tight enough to protect councils, present or future, from being arbitrary and capricious. River Heights City Council Meeting,7/6/21 135 Commissioner Cooley said the pertinent discussion is density. An overlay on a 10-acre piece, 136 would allow about 36 homes. After infrastructure is taken out, it ends up to 6 units per gross acre. If the 137 city decides on an overlay zone, it will end up as regular residential density, because the bonuses go away. 138 Mayor Rasmussen supports higher density that is done well. He does not want the city to direct 139 the PUD areas, because he would like to leave the single-family option available. He suggested applying 140 the PUD to the R-1-8 zone as an option. Commissioner Cooley reminded they were trying to getaway 141 from arbitrary approvals. 142 Commissioner Lehnig explained that after the first hearing, they received several comments on 143 how confusing the proposed PUD was. The city has wanted a park in Riverdale area for a long time. If 144 they allow a single-family zone, the park option will be lost. PUDs require open space along with 145 residential. 146 Commissioner Schaub discussed the comparison between PUD and single-family zones. She and 147 Commissioner Pitcher were not in favor of the PUD ordinance. She did not feel River Heights was 148 conducive to increased density and thought the current single-family zones were sufficient for River 149 Heights. 150 Mayor Rasmussen said he had asked the Commission to create a robust PUD that could be used 151 on all the remaining properties. He had in mind a PUD that would allow a transition from lower density to 152 higher density along the borders of the city. He asked if it would be easy enough to designate a certain 153 number of units per acre based on the current zones(8,10 and 12). 154 Commissioner Schaub asked them to look at the Increase on roads, schools, and churches. 155 Councilmember Milbank said PUDs could dramatically change River Heights but did not think the 156 feel of the area would change much by choosing a standalone PUD versus an overlay. He suggested the 157 more important question would be the design. 158 Councilmember Clausen did not think there was a big difference either. He would not mind taking 159 time to meet with the city attorney about the possibility of a boundary adjustment. He was happy with 160 how the Planning Commission drafted the ordinance and was willing to go along with it. 161 PWD Nelson pointed out the number of properties labeled as PUD, which were less than five 162 acres. 163 Councilmember Gallup said that every time the Commission met to discuss the PUD ordinance, 164 they changed it dramatically. She would like more time to go through it. Mayor Rasmussen pointed out 165 that the Commission should be commended; they did a lot of work, and they are not land attorneys. He 166 agreed that the Council could go over It more, but at the end of the day, it will need to be adopted and 167 they will not all like it. The Commission was asked to work through it and present it to the council, which 168 they did, under a short time pressure. 169 Mayor Rasmussen suggested repealing the Mixed-Use and current PUD Ordinances before the 170 moratorium was up (August 2). This would preclude developers from doing anything with higher density 171 until the Council works out the revised PUD ordinance. In the meantime, developers could apply for 172 single family zones if they wanted to move ahead. 173 Councilmember Wright liked the idea of exploring density differences surrounding residential 8, 174 10 and 12 zones, and suggested, they could spell out some things in reference to them. He offered to 175 draft something up, with the help of Commissioner Cooley. 176 Discussion was held on density. Commissioner Cooley suggested deciding if they want open space 177 or not and how to include it or not. 178 Councilmember Milbank said it is difficult to see areas of River Heights going to other cities. He 179 pointed out that large areas were lost because River Heights residents were averse to higher density and River Heights City Council Meeting, 7/6/21  now revenue is lost, and River Heights suffers the consequences. He is for well-planned increased density. 182 Councilmember Clausen said there are also infrastructure issues with higher density growth. 183 Mayor Rasmussen said the Riverdale area and residents are part of our community, which is why 184 we do not want to let them go into Logan. If they cannot come to a compromise, he is not willing to break 185 up a community to make something work. He said we need to make sure our community stays intact and 186 that we fight for our Riverdale family. 187 Councilmember Gallup asked questions regarding "65% of dwellings must be single family 188 detached." She would prefer a higher percentage such as 75%. She asked the Council if they felt the 189 100-foot buffer or would they prefer a larger one between single and multi-family. She asked who would 190 have ownership of the required open space in a PUD community. If it belonged to an HOA,then it may 191 not be available for other River Heights residents to use. She asked for clarification on the application of a 192 density bonus since it was only mentioned once in 10-10-6. She also asked for an explanation on "visual 193 amenities or development setbacks." She felt "cash in lieu of open space" should go directly to other 194 open space (current or future). Mayor Rasmussen gave some explanations. 195 Councilmember Huntly said if the reason for a PUD is to provide open space, she did not agree on 196 taking cash rather than providing open space. She wished it would be spelled out. She also did not like 197 the idea of labeling certain areas, which Include homes, as a PUD. 198 Councilmember Wright explained they are not proposing to change the zoning map, only the 199 General Plan map. They are looking at long term planning. Current ownership of properties will not 200 always stay the same. 201 PWD Nelson supported an overlay zone, rather than a standalone PUD zone. He did not like the idea of labeling properties less than 5 acres as PUD if it did not meet the code. Councilmember Wright 203 agreed to get rid of the ambiguity. 204 Mayor Rasmussen asked why the 800 South area did not get included as PUD. Commissioner 205 Cooley answered-that this area consists of several smaller parcels owned by different people. The only 206 way they would have enough acreage for a PUD is if a person bought many parcels. 207 Mayor Rasmussen would like to have a specification on the Chugg property (east of the school) so 208 there would be a general idea of what the city would allow. Councilmember Wright said he has always 209 understood that they could not label properties outside of the jurisdiction. 210 Councilmember Wright asked permission to work on figuring out how the different residential 211 zones would be impacted by an overlay. The council agreed this would be helpful. 212 Councilmember Gallup said she would prefer 75% single-family dwellings and 25% multi-family. 213 Commissioner Lehnig noted, this will mean the single family lots would be smaller. The more multi units 214 they are willing to go with, the larger single family lots could be. 215 Councilmember Clausen stated it is difficult for the planning commission to take all the comments 216 and meet all their expectations. He said they have done a lot of work and the council should not be 217 picking it apart too much. 218 Councilmember Wright gave his opinion on architectural standards. He suggested the specs 219 should be tighter. He said there are very nice designs for multi-family units that look more like single 220 family homes. 221 Councilmember Milbank asked if they considered a retirement community. Commissioner Cooley 222 said he had brought it up. Councilmember Wright was hopeful that this type of development would fit 223 within the PUD zone. They discussed scheduling the repeal of the mixed use and PUD zones in the city code. Councilmember Wright pointed out there had been no public hearing on repealing the PUD ordinance. River Heights City Council Meeting, 7/6/21 5  226 Mayor Rasmussen will ask the city attorney tomorrow if they need to post notice for a hearing, to be held 227 at the next meeting. .228 Councilmember Milbank explained that the implementation of the mixed-use zone was a reaction 229 to the development of the Lundahl/Davis property and wanting to allow space for possible commercial 230 revenue. Councilmember Wright stated that Logan's current development in the Riverdale area 231 abandoned the plan they had worked with River Heights on. He also suggested that River Heights was 232 probably over-optimistic to think retail would work a few blocks off Main Street. 233 Councilmember Milbank discussed the city's current financial situations, the cost of upcoming 234 projects and the question of whether the city was generating enough to cover it all. Councilmember 235 Wright believed the council had been very careful with the projects they have done and the amount of 236 money they have on hand. Councilmember Huntly reminded there are funds available that just need to 237 be applied for. 238 Councilmember Gallup moved to "repeal the 10-7 Mixed Use Zone and remove column "M" in 239 10-12-1." Councilmember Wright seconded the motion, which carried with Clausen, Gallup, Huntly, 240 Milbank and Wright in favor. No one opposed. 241 Mayor Rasmussen summed up what would happen next: 242 • Councilmember Wright will work on getting the density spelled out in the different zones. 243 • The city attorney will attend the next meeting to discuss ramifications. 244 • Talk with attorney tomorrow about hoiding a public hearing to repeal the existirig PUD ordinance. 245 • Council needs to be thinking of restrictions and design standards they would like to see. 246 Councilmember Clausen would like to avoid a long-drawn-out discussion on whether to have an 247 overlay zone or stand alone. Councilmember Wright anticipated that after working on it with 248 Commissioner Cooley, it will become obvious whether it should be one or the other. He hoped to have 249 their findings and suggestions to the council a few days before the next meeting. 250 Discuss Changes to the General Plan Land Use Mao: They discussed and agreed that the City 251 Office and Old School properties should be zoned Parks and Recreation, as well as the parcel in the 252 Saddlerock Subdivision with a storm water retention tank located under it. PWD Nelson suggested also 253 labeling the storm drain parks in Saddlerock as Parks and Rec. 254 Councilmember Wright said Mike Jablonski and Cindy Johnson have asked not to have their 255 property included in the PUD zone because they are looking into a conservation easement. 256 The meeting adjourned at 9:00 p.m. 257 258 259 260 Sheila Lind, Recorder 261 262 Todd A. Rasmussen, Mayor River Heights City Council Meeting,7/6/21  River Heights City Bills To Be Paid June 30,2021 Payee Description Admin. P&Z Parks/Rec Pub.Safety Com. AfT. Roads Water Sewer Total 1 Aleena.Astle Youtfi.Council Supplies $110.40 "$U(k4b 2 Cache Hiiniahe Society Clean up of Account from August 2020 $150.00 - $150.00 3 Cache Valley Publishing Planning Public Hearing Ad $48.10 $48.10 4 City of Logan 911, Sewer,.Garbage $14,829.66 $2,037.00 $11,864.00 . ^$28,730.66 5 Comcast Monthly Internet $28.24 $28.23 $28.22 ■:-^:vV$84i'69 6 Dominion Energy Gas $179.36 $10.13 $3.05 $72.88 $3.05 ■" •"$26147 7 Forsgren & Associates Inc; Consuilingj JP Subdivision, Lower Well $1,097.50 $770.00 $1.8^7150 8 Hiico Plumbing Supplies for Fixes $404.55 $404:55 9 Logan City Water Consumption $655.15 $655.15 10 Rocky Mountain Power Eiectricity $317.48 $58.39 $25.55 $1,171.22 $3,404.69 $22.28 $4 999:61 11 Roto Rooter Soccer Pona Potty $100.00 '■--5$idfod .12 Rupp Waste Container City Clean Up Dumpslers $594.00 "-•$594;6d 13 South Fork Hardware Float Supplies $31.35 -$31t35 14 Text My Gov SoRware Man^ement & Support $1,500.00 $L5bo:od 15 Thomas Petroleum Fuel City Vehicles $33.83 $33.82 $33.82 $33.82 16 Utah League ofCities & Towns One,lime Technical Assistance Assessmcn $500.00 " .ssod.od 17 Utah-Local Government Trust Annual Autos, Bldgs» Monthly Workers C $281.87 S432.94 $1,321.82 $1,674.30 $1,762.41 ' -$5,473.34 18 Xavier Hey Concert in'the Park $350.00 $350.00 19 20 21 22 23 24 y f •- 25 26 27 ■ "-f t 28 ■" 29 . I ■ 30 31 32 33 34 35 >•'" "t: 36 37 mm 38 39 7 ' 40 .1 ► i 41 42 43 44 45 46 :si8;734vii :^8:id -Oiib3^84^ ^2^12:5^ '^$i;b85;75 ;: S2329;9li^i^$6,639:07 ■ $46;003.U> Page 1 Total Amount to' Id . ,$46>003;ll;  River Heights City Bills To Be Paid July 6, 2021 Payee Description Admin. P&Z Parks/Rec Pub. Safety Com. Aff. Roads Water Sewer Total 1 JUNES $0.00 2 Blue Stakes Email Notifications Billable $43.81 $43.81 $45.15 $132.77 3 Peterson Plumbing Supply Water Repairs & Maint $894.30 $894.30 4 Lowe's Shop Supplies for smal Maint etc./Wet/dry $47.64 $47.64 $47.64 $47.65 $190.57 5 Sharlie Gallup Craft Day $73.92 $73.92 6 Verizon Wireless Monthly Cell Phones $55.01 $55.01 $55.02 $165.04 7 Secure Instant Payments Monthly Billing $17.82 $17.81 $17.82 $53.45 8 $0.00 9 $0.00 10 JULY $ $0.00 11 Caselle Monthly Billing $91.69 $91.66 $91.65 $275.00 12 $0.00 13 $0.00 14 $0.00 15 $0.00 16 $0.00 17 $0.00 18 $0.00 19 $0.00 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 1 SubTotais $208.33 $47.64', I $73.92 $47.64 $1,150.23 $257.29 $1,785.05 "" " "'M Page 1 Total Amount to 1 d $1,785.05  Logan City Sewer Rates/Gallons for River Heights Gty TflUI wiGarftdiB umoSMm i»»nBOO TVWBWWF* wa&wwii looQE^/wth IMe/100 ColrfanFw iu)-17 SiB» 0LS2 8M3558 509 051 S9.0 $673647 &j>m □A 5540824 0522 051 wnn $847826 U3fI7 7.0190 0J2 $645758 709 706000 051 $24770 }«nn $947027 «pM7 B19S9 849^000 Ofi 8744348 0J9i 619900 a*i S62S1S9 ywnw S1(X939£7 u«r» 092 8521604 62U 051 8244692 5350 5829696 iun-17 ^as^jseo 0S2 8695052 5441 051 $620821 $00 S749123 Jiil-17 7.450) 7An osz 5685440 7550 70C^ 051 8605*50 9SSS0 $944360 Aus-17 851X0 245 $1744755 OSU osuiooo 041 $6«51 S)50- S2O9720 B.29S0 25B 51740425 02B 62^000 627 $>.2W4S $350 $192790 Oa-17 8.1399 245 516SOOS 0298 6136000 ai7 $203.45 ^50 S190D6 S3SS9 245 8X352150 0250 6256000 027 860946 S3S0 $16$534< 0«c-X7 53730 6976000 -605 8X625655 509 697900 627 $661«-33 $360 $130628 i«»-U UQsa <406000 2J5 620 6tw^wnft 627 $6600 SH0 8161960 ficb-U 6)290 6129500 245 sn.g64s 6229 f*«a/ini> 027 $6C5U) SSiXD $1629428 Klar-13 &3Ba 6326000 245 8X0191820 5226 027 $6«3&Xa ywm $1249122 ApMl 67779 677750O 205 516*3685 6J77 677700 027 8)41679 $350 $152574* M»ru 61370 6337,009 Z4S 51699085 6237 633700 027 $671099 S)S0 $1623644 }u»<U 67970 6797500 US 8X693345 5797 8^0I> 027 868)529 $350 U-it 64049 5506000 255 51607020 5504 027 $10UB $B0 $1247228 60279 ^rtwiwi 62S 4<ltirtCT 5427 602700 027 $60629 $W0 $122321 S^IB 45000 6760000 25S snmrfio 676 40000 027 $628520 ynm $124770 CCi-lS 45070 4567400 258 81022X51 6SS7 65000 027 8V2h49 S3S0 $1658931 ItovlS 62560 A^njn 2-2E $6£1086 «3S0 027 SS0 $2040048 Dcc-U 35730 677340 lie «S28S1 6773 677300 027 814XU1 $350 $6SBG«?* ten-19 &6Z70 6617400 X2S S1221742 S4Z7 U270O 027 51.815 W $350 $14.27).H M>-U 5££Sa nma^tigp 628 81240948 S45S <egi^nnft 027 $65300 $)S0 $1637544 M»-19 67550 6755400 628 $1340680 5253 506000 027 5655X55 $14495.16 ApM» 66030 6600000 626 $M.»4Jn 0400 006000 027 8638618 S350 $1675324 UaytS 654J0 6745400 62S $1624320 6245 S246I8D 027 $682115 ftcnrt $17090 Am-I} 61309 34304B 62B 8X688680 623 6D60EI 627 S14S5J0 y«nn 8154(30 M-U 450» <70400 6S 8)082028 670 6706000 027 S62B41 $350 $169330 Alt-19 45740 US $1248754 6170 6176000 027 562174* $350 $130940 5«p-19 67390 6710409 6tt $1673040 423 633000 EOT $6zn0 $35,0 $130240 OS-Id •5820 6682400 351 $1141686 602 6486000 827 $625614 5360 $12.91050 Na*-19 6USD 6138400 60 $1613728 613* 027 5611*22 5X5.0 '$16400 Occ>U 15*70 6647400 258 S9446S8 3447 684700 027 $9840 SB.e $1006425 la»20 63250 .S3B4DD 754 81620640 5225 632500 027 $6*370 $350 $14,678.75 feMO 62420 62«400 7Aa $1)40028 5242 5243000 027 $6*7634 $350 $1645049 U*^«) 6IS70 6X87400 258 S124U2C 5207 60700 027 56*059 $380 S162992S A(r-20 66470 6617400 254 $1440158 5647 544700 EOT yaenn $1546*25 U(r40 SJ4ED 5346000 258 $i62soia 52*5 3^4600 027 5644252 $1673640 hia-JD 61950 6395400 648 $1637OC0 S295 •y^astm 027 $649655 $1447625 iuW 63120 8416000 353 $16».78 &31Z 027 $67024 5350 $CT4330 AiC-IO •5510 6S514D0 673 $164242) 6SS1 685100 027 $622827 S5.0 $134880 Stp-30 61330 6133400 621 619 6136000 027 $611691 $350 $124360 oa-a 64040 6404400 323 81342242 64M 640(40 027 $62>U9 $350 $132470 iia»a 60540 4454400 6)3 $114$742 4454 AfKAom 027 $609158 $380 • $122970 0(««) 67650 6766000 633 $16270.0 32B 30500. 027 8601455 $350 $163300 ilMl 69310 6911400 633 $1673143 3231 3193100 037 8X0637 8350 S114280 r«t-u 35040 340*400 321 5T0TI*TT 2404 6*3*00 037 5390 516*470 Mw» 35750 647S4n 223 $958075 35)8 erxKrr, 6*7600 027 StE)46O0 Apr-n 3J7U 6772400 323 $16H74I 6772 327700 027 $60184* mM $163810 May-Il 6451 345X400 223 564212) 2551 6*51.00 037 SS2127 8102880 Jon-ll 63430 694)409 323 51676439 6943 34*600 0 $201£1 $11,96*0 Totali 3475Z» 347423400 $65524845 347423 347476000 «l»7i<«a caainnn $789,959.76 **NatB UwSnnr CdlBilDB AaiU k« $(U7/Xino ^ bi jBt-n tbd aotf ted M this ilM n Sa4l/iai> cal **VW(vWdelMnaB En Api>17 SnRrTRatmeaVGoStiilQaAnaiydsttyMenib lOUnZOU  20X7 ?«I4 Mmtehtrp. Chaat* An 54391400 4475400 6tM USX rcb 0422400 0890000 31J2X Utr 7419400 5411400 2400000 574SX *v 8499400 5436400 0713400 8&BX Miy 64J240O 9490000 818400 1S48X Jw t w« nm O3640D 384D0 a7ix 2u1 74S010O0 OS3400 2417400 8247X Ant 8411400 54M400 3427400 6741X Sq> 0295400 5438,000 0157,000 6144X On ftlSaOOD 5457400 2411.000 39.26K Her (iw 5459400 899400 16.7IX D«C 5479400 4433400 1435400 842BX •TMzi 82463400 62,652400 20911.000 3X70X SreBfTieianart/ColltdtewAnifnAtyMciith 2018*12017 Mome X 2018 foil HHOiailgl ai8R(i An 6,103400 5439400 14834D0 IU2S r«b 6429400 6412400 093,000) -t46X Mir 5426400 7419400 (1.693400) •24.12X *cr 6,77746 i,t»4aD (1422400) •17.1tX M»r 0337400 6412400 1K400 24U( Jen 0797400 6481400 1.816.000 26JtX Ji4 5408JOO 7450000 12486400] •274SX 4S| 0017400 8412400 (3484400) 4a94X S*P «46(UOO 8455400 (3435400) -oi-en on «4S7400 8450000 0.631400] •44J9X Her 0256400 nn^nnn (24024OO) -SLSOK OK 3473400 5479400 (2306400) ^&90X rjetri 8249400 (17407400) •21J4X r1>ez6nirt#Cdteillm*af(ib bfHgntii ZOtSaVQI 2019 KW« HrtOiUtl Otua* Jin S4n40o 6.U340D (876,000) •7JSX M S46aODO USl^OOD (861.000) •742X Mar X3SS4aO 5426,000 429,000 I4SK 8f» 6408400 8.777400 (169400) •249X M>r inanrm 6445400 6437400 644X Jut 641(1000 64)7400 {6674001 ■OBIX A« 8,793400 5408400 (701400) •1297X Aei 6476400 ^027400 (149400) •246X Stp ^TKUno 4jeuiB (30000) -oeax 00 84S34<B 4,567400 115400 242M Nw 4.U6400 #456400 PIOJOO] 482X CK 3487400 3.773400 (128400) •3J4X VIDTcOl 63J09400 Mic^nnn (t98740a) .a.93X Scwtf Tieatmeet/tnCIeala Aoilpfs by Month IBUa2S19 % oatn 2019 MOmo* OlMg* bn 5kJ2S,ini ^C^OOD P02400I •04S37 Fob 5.MU0C •426000 •ooni 5407.000 5p7S^0D0 -SEOOOO -nnai»» »9t SfiOfiOO ^eOiiODD •962000 •aUS4 5446^000 546400 •1359000 4U074 JUD 5495.000 5450400 •735000 4LU99 Ad Oujno 4405400 1609000 04421 «liS «45i.oee •327000 •0467 Scp jTOtnnn <03fl00 ^97000 •01262 oa *401.000 *mao -27S0CD •00594 K9» *454400 0^400 -12000 •04198 Oec X76S4eO 3447400 U8000 04324 nOTetal SW1.fl00 63409400 {1464001 -OOOIO TiBirTn iiiiif ■r/riiiraTTriiliiJ|6iti)ffiiiiiiti 2fllv2SO im 203D NHOtflCl OlMfl Jae »ntt^niin 548400 (I4944D6) -04618 hb 34844)0 S4424DD •loaaoo 4U743 Mar 3475400 e^rer^Min •1712000 «33(D AM 3472400 sfiojm -1825000 -0332 a an wnn MW S4800B •2995000 -04546 Jba ^Qj^nnn s49S4n -24na0G -02691 id 0 0312400 0 0 8S| 0 44S1400 0 0 See 0 ^jj40p 0 0 OS 0 0 0 Hav anaannw 0 0 0 Ok 0 070400 0 0 m-Mtd 22476400 50381400 B2664C8) -outs  Proposed Sewer Rate Reduction of$2.00 per month J A.675 connections $2.00x12x675 = $16,200.00(cost to revenue)Budget is $360,000 B. Savings vs. Budget(Charges from Logan) Budget is $175,000 Estimated actual charges per year because ofless flow $12,000xl2=$144,000 Difference $175,000-$144,000=$31,000  SPEAK S-L-O-W-L-Y Public Comment for July 6, 2021, CC Meeting Last night we had a productive meeting of RIverdale residents, as requested by Councilman Blake Wright, which Mayor R. also attended. Thanks again to you both! Councilman Clausen, at the May 25 public hearing, you said "we are not attorneys," regarding boundary changes. You are correct. Given the real, implied, or imagined threat that the project proponents for a high-density development in Riverdale may make a move to transfer their property, taking others with them (against our will) from River Heights into Logan, you, all of you, as our elected officials have an obligation to exercise due diligence about this. You are our representatives; it is your responsibility. We want you to look out for our interests, as residents of River Heights, SPEAK S-L-O-W-L-Y We expect you to fully understand how a boundary adjustment works, and our standing to protest, if it comes to that, which we sincerely want to avoid. There is a remedy. The obvious thing for this governing body to do is to get a complete briefing about boundary changes, and disconnections, this from the City Attorney. We have also sought legal advice about this. So - we think all of you should get this briefing before you vote on the proposed PUD ordinance, so you know what could happen if the project proponents are unhappy with the PUD ordinance outcome and a make a move to pull out of River Heights. You must not let that real, implied, or imagined threat to influence your vote. Our review of the state law, as non-lawyers, shows that you could extend the moratorium, as you have good reason to do so. This will give you more time. You will not get Into trouble for taking time to get it right. People will say, well, you had six months. True. But I do not think you, as a governing body,fully understand the law about boundary changes and our standing to protest if it comes to that. You are within your rights, I hope and believe, to continue with your due diligence, by extending the moratorium. SPEAK S-L-O-W-L-Y As to being part of River Heights, this is the desire of all Riverdale residents. We are not the unwanted child of River Heights. I served on the Planning Commission for two years, and on the CC for four years. My neighbor, Mary Barrus, having more fortitude than me, served on the CC for two terms, eight years total. We play by the rules, and we try to be good citizens. All of us love living in River Heights. Finally, we failed to persuade the Planning Commission to go with the May 25 draft of the PUD ordinance, as opposed to the high^Sensity ordinance that they passed. We copied you on all our written correspondence. Please consider all the comments we submitted to P&Z. You have copies of our correspondence with P&Z. .iii Michael Jablonski July 6,2021 .A'  Proposed Ordinance Changes June 22, 2021 Repeal 10-7 Mixed Use Zone Remove column "M" in 10-12-1 Replace current 10-10 with the foiiowinQ: RESIDENTIAL PLANNED UNIT DEVELOPMENT ZONE SECTION: 10-10-1 Intent 10-10-2 Use Regulations 10-10-3 Special Provisions 10-10-4 Requirements 10-10-5 Open Space 10-10-6 In Lieu Substitutions for Open Space Requirements 10-10-1: INTENT AND PURPOSE The purpose of a R-PUD zone is to encourage imaginative and efficient utilization of lan<, to develop a sense of community, and to ensure compatibility within the surroundin | neighborhoods and environment. Applicents apptv-fof-theAn apoiication for specifi: zoning and density desfonattoft-tebeaoefedis made, allowino them-to-receive-the densit > eutkned herein in exchange for public amenities. Thts-is-ae€-©mf>fehed by-pfevidmglhj \ zone may provide greater flexibility in the placement the location of buildings on the lanq. the creation and consolidation of open spaces, and the clustering of dwelling units. These provisions are intended to create more attractive and more desirable environments within River Heights City. An R-PUD zone may incorporates a development theme wbiofr includinqes the elements of usable open spaces, diversity of lot design, amenities, a wel planned circulation system, and attractive entrances as part of the design.^Fh of the substantial certain public advantages of a planned unit development, it is the interit of this zone to allow development hereunder where tracts that are suitable in size, locatio and character are allowed for the select uses and structures proposed-are-plemed-ar^l developed as umts-fof ain a unified and coordinated manner. In such circumstances where municipal planning and private development may effecttvety proceed together, H- necessary and-appfopriate that there be requirements and regulations other than on a Ic by lot or subdivision basis to-provide-flexibility and innovation is allowed in site plannin | and land use relationships while also ensuring substantial compliance with the inten objectives and purposes of this title and the city's general plan. 10-10-2: SPECIAL PROVISIONS A. An R-PUD may be applied on properties designated as such in the River Heights City General Plan. B. Minimum development site: The minimum total area for an R-PUD shall be 5 acres-untess eth&fwise-approved-by-the City. C. Maximum density: The maximum density of an R-PUD Zone shall be 6 units per gross acre. D. The design of public streets within an R-PUD shall follow the applicable city standards for width of right of way and construction. All streets within an R-PUD, in a-residential zones shall be public jstreetsj (Exception would |be private drive Commented [JJl]: Public street as inmaintairredbylhe city or maintainsd by the HOA? isl4) E. Within residential zones. R-PUDs Ishould oul4incorporate walkino and biking trails, Commented [332]: What constitutes a public drive isle? and pathways for the use and enjoyment of residents, these trails and pathways Commented [333]: Should. biA mt required? may vary in width from five (5) to ten feet (10') depending on their intended use. Consideration shall be given for the+f-connectivity or inclusion into the citywide network of trails identified in the city's general plan. Where appropriate, equal consideration for trails and pathways shall be given within residential zones. F. Individual private parking stalls and parking structures shall avoid direct access to public streets classified as collector streets in the River Heights transportation master plan. Driveways serving three (3) units or more may be allowed to access such streets, provided they are located at,a minimum of two hundred feet (200') from another driveway or public street, on a collector street, when measured from the centerline of the driveway to the centerline of another driveway or street. 10-10-3: REGULATIONS The following buildings, structures and uses of land shall comply eeymplianoe-with the requirements set forth in this title: Multiple-family dwellings dshall ^...-^jominented [334]; Shc^ w not exceed four(4) units per structure), patio homes, single-family attached, single-family that are conventional dvi/ellings. A minimum of65% of ail dwelling units in a R-PUD,shall mt^be single family detached. All buildings will be limited to two stories above grade. 10-10-4: REQUIREMENTS A. Preliminary Plat Required; All R-PUDs shall require a preliminary plat and site plan. The zoning designation shall be based upon the preliminary plat. 8. R-PUDs Bwst-shall comply with all requirements contained within the of River Heights Subdivision Ordinances, as amended. C. Site Plan required: Application shall be accompanied by architectural drawings and sketches outlining the general design and character of the proposed uses and the physical relationship of the uses: The use or uses, dimensions, sketch elevations, and General locations of proposed dwellings and other structures. D. Architectural Design Standards for multi-family dwellings: All new buildings must incorporate a defined architecturale style. A recognized architectural style shall be one which is recognized by design professionals as having basis in classical, historical or academic architectural design styles. The following elements shall be incorporated into the design of each building: 1. Primarily durable, materials including stucco, brick, fiber cement, decorative  block or other materials as approved by City Council. 2. For buildings over one4 story, vertical separation elements to differentiat > levels. These may include cChange of materials, dormers, cornices, or othe • elements, as approved by the cGitv cGouncil. 3. Architectural wall variation between units to differentiate dwellings. These may include.- vertical articulation, variation of materials or other elements, a^ approved by City Council. Dimensions and locations of areas to be reserved and H for vehicular and Commented [3J5]:Whaiisk pedestrian circulation, proposed parking, ingress, and egress. Proposed circulation pattern including private driveways, public and private streets, and pedestrian and bicycle paths F. A planting plan showing proposed tree and shrubbery plantings shall be prepare for the entire site to bo developed. G. A maintenance plan which definesdefmino the responsible parties for all ope space areas and amenities shall be provided and incorporated into the development agreement, (See Section 10-10-5) H. Modifications and Conditions May be Imposed: The planning commission and ci council may impose modifications and conditions w-oonsidero suchincludinq. but not limited to -as size and location, street capacities of the are ingress and egress to adjoining streets, internal traffic, signs and lighting, building bulk and location, including residential jdensityi coverage, and open space Commented [335]: Need to be cau6cKts here on'size and characteristics as stated in the River Heights Subdivision Ordinances. f location' and 'densiV- VVhUe you may be to trade density for other land In the city, the commission and counci I. Applicants must start construction within one(1) year of the approval of the project need to follow the zoning classiTicatjons In tfte ordlrtance and and any necessary zoning district change, and complete construction, or approved cannot make modifications in violation of the ordinance. stages thereof, within four(4) years from the date construction begins, J. The development must be planned as one complex land use rather than as an aggregation of individual and unrelated buildings and uses. K, Proposed R-PUD adjacent to existing single-family homes must place single family homes adjacent to the established single-family homes unless otherwise buffered by 100-foot width of open space including a landscaped Buffer as defined within this chapter. L. Playground: an area provided for children to play on. Each Playground must be designed for children twelve and younger. A playground must include features to appeal to children within the above age group including some of the following: slides, monkey bars, ladders, tunnels, climbers, bridges, ramps, platforms, etc. All playground equipment must be of commercial grade. Each playground must Include a minimum of 6 features. 10-10-5: OPEN SPACE R-PUDs shall provide a minimum open area for residents and/or occupants of such development. Open space shall be land areas that are not occupied by buildings, structures, parking areas (including private driveways), streets or alleys. Said open space shall be devoted to landscaping, preservation of natural features, open pavilions, and recreational areas. Required "base" open space areas shall be contiguous, not a collection of remnants. The open space requirement for R-PUD zone will be 25% of gross acreage. The open space should be large enough for the use of all residents of the project or the general public. Such spaces, minimum of a half-acre, should include Improvements such as playgrounds, pathways, pavilions, play courts, and areas  of significant native vegetation. Specific improvements shall be approved by the City D. Areas with natural features worthy of preservation, which are not bulidable, such as canyons or slopes, ridgeiines. wetlands, stream or creek corridors, utility corridors, wildlife habitat, geologically sensitive areas, and significant views and vistas. E. Open Space Amenities: An R-PUD with 50-100 dwelling units must provide a playground- An R-PUD with greater than 100 dwelling units must provide a playground and pavilion. Alternate amenities of equal value and utility may be provided, as approved by the City. F. Playground Definition: an area provided for children to play on. Each Playground must be designed for children twelve and younger. A playground must include features to appeal to children within the above age group including some of the following: slides, monkey bars, ladders, tunnels, climbers, bridges, ramps, platforms, etc. All playground equipment must be of commercial grade. Each playground must include a minimum of 6 features. G. Type of Ownership Allowed for Open Space; 1. General: a. Open space in the R-PUD zone shall remain undivided and may be owned and managed by a homeowners'association, the city, or a recognized land trust or conservancy. A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, utilities and open space within undivided lands. If, at any time, the ownership of open space is changed to another form of ownership allowed herein, the ownership change must be approved by the City and the City must be provided the first right to accept or acquire the open space. b. The ownership of all or any portion of open space shall not change by transfer, deeding, quitclaim, purchase, or by any other method, without the review and approval by the City. Leasing, renting or use by any entity or person other than the homeownere' association of any portion of the open spac» shall be reviewed and approved by the City. 2. Ownership Standards: Open space within a development shall be owned, administered admmisteredadministe and maintained by any of the following methods, either individually or in combination, and subject to approval by the city. a. Offer of Dedication: The city shall have the first and last offer of dedication of undivided lands in the event said land is to be conveyed. Dedication shall take the form of a fee simple ownership. The city may, but shall not be required to, accept undivided lands; provided, that: (1) Such land is accessible to the residents of the city; (2) There is no cost of acquisition other than any cost incidental to the transfer of ownership such as title insurance; and (3) The city agrees to and has access to maintain such lands. Where the city accepts dedication of open space (undivided lands) that contain improvements, the city may require the posting of financial security to ensure satisfactory functioning and structural integrity of improvements for a term not to exceed eighteen (18) months from the date of acceptance of dedication. The amount of financial security shall not exceed fifteen percent (15%) of the actual cost of installation of said improvements. Homeowners' Association (HOA): The open space (undivided lands) and associated facilities may be held in common ownership by a homeowners' association. The HOA shall be formed and operated under the following provisions: (1) The developer shall provide covenants, conditions and restrictions (CC&Rs) of the association, including its bylaws, articles of incorporation and methods for maintaining the open space (undivided lands) The CC&Rs shall be reviewed and approved in content and form by the City. Acceptance of the CC&Rs by the City will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the City prior to filing the final plat. The CC&Rs will be recorded by the City attorney at the county recorder's office at the time of the filing of the final plat. (2) The association shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development. (3) Membership in the association is automatic (mandatory) for all purchasers of commercial spaces, restdencesresidences. or lot^ therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified in the CC&Rs. (4) The association shall be responsible for maintenance of insurance and taxes on undivided lands, enforceable by liens placed by the city. (5) The members of the association shall share equitably the costs of maintaining and developing such open space (undivided lands). Fees shall be determined by the association and assessed and deposited in an escrow account. Shares shall be defined within the association bylaws. (6) The developer of the subdivision shall endow the newly formed homeowners' association with funds equivalent to ten percent (10%)of the development cost for all common Improvements which shall be used by the HOA to operate, maintain and insure the HOA for the first year that the association begins to operate independently of the developer. Funds shall be deposited in the checking account in the name of the HOA within ten (10) days after the day which the HOA begins to operate independently of the developer. (7) In the event of a proposed transfer, within the methods herein permitted, of open space (undivided lands) by the homeowners' association, or of the assumption of maintenance of the open space (undivided lands) by the city, notice of such action shall be given to all property owners within the development. (8) All improvements to the open space (undivided lands) held in common or intended to be held in common by the HOA shall be installed, completed and accepted prior to the beginning of the second phase of construction, or if the project is not phased, prior to sale of all lots. If phasing of the improvements to the open space (undivided lands) Is required by the developer, all incomplete improvements for the open space (undivided lands) shall be secured through a bond posted by the developer.  (9) The association shall have or hire adequate staff to administer common facilities and properly and continually maintain the open space (undivided lands). (10) The homeowners' association may lease undivided lands to any other bualtfiedl person, or corporation, for operation and Commented {J37]: Must define Qualified Parsen maintenance of open space (undivided lands) by lease agreement, which shall provide: (A)The residents of the development shall at all times have access to the open space (undivided lands) contained therein; (B)The open space (undivided lands) to be leased shall be maintained for the purposes set forth in this title; and (C)The operation of facilities within the open space (undivided lands) may be for the benefit of the residents only, or may be open to the residents of the city, at the election of the developer and/or homeowners' association, as the case may be; (D)The lease shall be subject to the approval of the City and any transfer or assignment of the lease shall be further subject to the approval of the city. Lease agreements shall be recorded with the county recorder within thirty (30) days of the execution and a copy of the recorded lease shall be filed with the City. c. Conservation Easement: A conservation easement shall be established to provide a permanent preservation of the open space (undivided lands). The easement shall be Indicated on the recorded plat and state the ownership of the easement and reference the maintenance agreement also recorded with the final plat stating the standards of upkeep as defined in these subdivision regulations. d. Transfer of Easements to Private Conservation Organization: With the recommendation of the planning commission and the permission of the City council, an owner may transfer easements or ownership to a private nonprofit organization, among whose purposes it is to conserve open space (undivided lands): provided, that: (1)The organization is acceptable to the city, and Is a bona fide conservation organization with perpetual existence; (2) The conveyance contains appropriate provision for proper reverter or retransfer in the event the organization becomes unwilling or unable to continue carrying out its functions; and (3) A maintenance agreement acceptable to the planning commission and the city council is entered into by the developer and the organization. 3. Maintenance Standards: a. The following standards shall be fulfilled and shall be recorded on the face of the final plat: Heights City shall have the right, but not the duty, to Commented [338}; The City should put this at the end of thts so they have ultimate say. Part "b" should t)e first. Option require, ar)d if necessary, perform, at the organization's expense, for the City to mantam the property should t>e last. landscaping, maintenance and snow removal, as applicable, within the open space areas if the organization fails adequately to perform such. The city may take this action when asked to take over improvements or maintenance tasks by an organization. The city council may also take such action when it determines the need based on a historical pattern oflack of cam and maintenance. In the event River Heights City exercises this right, the city shall be entitled to recover any associated costs and attorney fees. This notation shall not be amended or deleted without the approval ofRiver  Heights City. The owner of the open spac^ (undivided lands) shall be responsible for maintenance and the raising of all monies required for operations, maintenance or physical improvements to the open space (undivided lands) tiirough annual dues, special assessments, etc. The maintenance organization shall be authorized, under its bylaws, to place liens on tiie property of residents who fall delinquent in payment of such dues, assessments, etc. In the event that the maintenance organization, or any successor organization, shall, at any time after establishment of a development containing open space (undivided lands), fail to maintain the open space (undivided lands) in reasonable order and condition in accordance with the development plan, the city may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the open space (undivided lands) in reasonable condition. Failure to adequately maintain the open space (undivided lands) in reasonable order and condition constitutes a violation of this title. The city is hereby authorized to give notice, by personal delivery or by United States postal service, to the owner or occupant, as the case may be. of any violation, directing the owner to remedy the same within twenty (20) days. Further, the city shall be authorized to assume maintenance of the open space (undivided lands) in such a manner as it deems appropriate. e. Should any bill or bills for maintenance of the open space (undivided lands) by the city be unpaid by January 1 of each year, a lien shall be filed against the premises in the same manner as other municipal claims. A late fee of fifteen percent (15%) annually shall be added to such bills, and the city shall be entitled to recover any costs and attorney fees incurred collecting or recovering any such mounts due to the city. Access by Public upon Completion of Improvements within Undivided Lands: The public shall have access, when mutually agreed by all parties, including the city. Lots designed with the rear facing open spaces shall be accessible at all times and all locations. At no time shall public a(xess be denied unless unsafe conditions exist or unless approved by the city. Public access within undivided lands shall be allowed only where Identified and allowed within the approval documents. 10-10-6: IN LIEUW SUBSTITUTIONS FOR OPEN SPACE REQUIREMENTS A. ^urpos^ The city finds that land in other locations may be substituted for Commented There probably should be a open space requirements where it is advantageous to preserve importar^t requirement Viat the in lieu si^stitution space be connected to the R-PUD. If it« not in the same area, the purpose of the land. For this purpose, the City may allow a developer to develop land space is frustrated avi a person could assert that required for open space if equivalent or greater land is identified and situated because the p;^pose of the open space is frustrated for the R- PUD,they are not required to comply with the statute in another location and acceptable to the city (referred to as "in lieu substitutions" or "in lieu open space substitutions" hereafter). B. Approval Required Prior to Recordation: Recordation of a final plat for a subdivision utilizing an approved density bonus and an in lieuin-liel substitution may not occur until in lieu substitutions are approved, finalized and effective. C. Hazardous Lands Not Acceptable: An application for a density bonus and for an in lieu substitution may be approved, for open space land in another  location, only when such proposed in lieu substitution of open space land is absent hazards to development such as, but not limited to, steep slopes, geologic hazards, unstable soils, floodplains, wetlands, riparian areas or water source protection areas. In no case shall such hazardous lands be used for the original development density or the bonus density. Where agricultural land is being substituted, equally productive or more productive agricultural land must be substituted. D. Use of Land Limited; For the purpose of in lieu substitutions, use of the in lieu open space land shall be limited to the following: 1. Recreation active use: play fields, parks, trails, playgrounds, related parking; 2. Recreation passive use; trails, wild lands, natural landscapes; 3. Conservation easements held by a recognized conservation organization or other type of ownership as permitted by this code; and/or 4. Visual amenities or development setbacks. E. Equal Value Required: In lieu substitutions of land intended to fulfill the requirements for open space may be allowed when it is factually established, by a qualified land appraiser that the substituted land is equal in land area and/or at least equal in value to land compared with the original development property. The city must agree to and approve the land areas to be appraised, both from the original site and the proposed substituted site, prior to the appraisal. The appraiser will be selected by and contract with the city. The fees for the appraisals will be reimbursed to the city at cost by the developer. F. Variation in Use or Substitution Not Permitted: Any land which has been dedicated, set aside, platted or otherwise approved as open space may not be substituted or used. G. Types of Open Space Substitutions Available: The following options are available to developers to satisfy approved in lieu substitutions for density bonus and open space requirements: 1. Cash in Lieu: The city may, at its sole discretion, accept cash in lieu of open space or amenity requirements where such funds can be more effectively used to aoquire land or amenities at a more appropriate or significant location consistent with the general plan and the parks and recreation master plan. Cash in lieu payments shall not be accepted until a qualified appraisal is provided by the city, at the cost of the applicant, identifying the value of the original land for which the in lieu substitution is proposed, based on the use that will be permitted if the open space requirement is removed, and for which cash in lieu shall be offered. The city shall have the option to use in lieu funds for uses for park improvements. 2. Land in Lieu: The city may. at its sole discretion, accept land in-lieu of open space requirements under the following conditions: a. The proposed land to be substituted is consistent with the General Commented [33101: AnHOAownstheland lliaris not" plan and the parks and recreation master plan; connected to the R-PUD and ttie members of the HOA do not live adjacent to tt>e open space. Members of the HOA will then b. Other land is acceptable to and approved by the city as open space in insist that the open space land be sold or deeded to the City. a location determined by the city to be a substitute site; Now the city has the burden to maintain the open space when ohginalty tlw city did not plan on that expense. Or the land Is c. Acceptable and approved land is dedicated to the city with sold and the buyer sues to remove ttie restrictions on the land unencumbered title; and because the purpose of the open space, detailed In the statute d. |Suchl_in lieu substitution for open space is retained in use and is frustrated. Perhaps cash in lieu is the orVy acceptable In lieu solution, if ownership consistent with other acceptable forms of open space any. ownership in this chapter.  RIVER HEIGHTS CITY Proposed Changes to the General Plan Land Use Map PUD = Planned Unit Development MU = Mixed Use PR = Parks and Recreation Extend the PR boundary to include the Old School R-1- and City Building. fC."'s ^AGRIC RtVER HElt :OMMERC All UJJTTI bO SCX; 3 WtT" RC AL a GENERAL PLAN LAND USE M'?