City Council

River Heights City COUNCIL MEETING AGENDA Tuesday,July 20,2021 Notice is hereby given that the River Heights City Council wilt 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(a)riverheights.org (by noon on the date of the meeting). Discussion with River Heights Youth Ambassadors Adoption of Previous Minutes and Agenda Reports and Approval of Payments(Mayor, Council, Staff) Public Comment Public Hearing to Adopt an Ordinance Providing for the Compensation of Elected and Statutory Officers of River Heights City Approve an Ordinance to Adopt Changes to the City Code of River Heights, Utah (Regarding the Repeal of the Mixed-Use Zone) Discuss Changes to the PUD Ordinance Discuss a $2 Reduction in Sewer Rates Adjourn To join the Zoom meeting: https://us02web.zoom.us/j/82744216852 Dial: 1 346 248 7799, Meeting ID: 827 4421 6852 Postedthis 15*^ day^f July 2021 Sheila Lind, Reoorder 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 Lind,(435) 770-2061 at least 24 hours before the "I'inl iiiu 520 South 500 East River Heights, Utah 84321 Phone 8c Fax (435) 752-2646  River Heights City 1 2 3 Council Meeting 4 July 20, 2021 5 6 7 Present: Mayor Todd Rasmussen 8 Council members: Doug Clausen 9 Sharlie Gallup 10 Nancy Huntly 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 Wllker 18 City Attorney Jonathan Jenkins 19 20 Others Present: Kaylinn, Wren and Vivian Gallup, Robert and David Astle, 21 Olivia Brown, Vern Fielding, Cindy Johnson, Mike Jablonski, 22 Commissioners Cindy Schaub, Noel Cooley and Heather 23 Lehnig, Mary Barrus, Bob Ellis, and Janet Matthews 24 25 26 The following motions were made during the meeting: 27 28 Motion #1 29 Councilmember Wright moved to "adopt the minutes of the council meeting of July 6, 2021 and 30 the evening's agenda." Councilmember Gallup seconded the motion, which passed with Clausen, Gallup, 31 Huntly, Milbank, and Wright in favor. No one opposed. 32 33 Motion #2 34 Councilmember Clausen moved to "pay the bills as listed." Councilmember Milbank seconded the 35 motion, which passed with Clausen, Gallup, Huntly, Milbank, and Wright in favor. No one opposed. 36 37 Motion #3 38 Councilmember Clausen moved to "adopt Ordinance 5-2021, An Ordinance Providing for the 39 Compensation of Elected and Statutory Officers of River Heights City." Councilmember Milbank seconded 40 the motion, which passed with Clausen, Gallup, Huntly, Milbank, and Wright in favor. No one opposed. 41 42 Motion #4 43 Councilmember Wright moved to "adopt Ordinance 4-2021, An Ordinance to Adopt Changes to 44 the City Code of River Heights, Utah." Councilmember Clausen seconded the motion, which passed with 45 Clausen, Gallup, Huntly, Milbank, and Wright in favor. No one opposed. uiMei* I leighM Lity Louweil ivieetmg, 520 South 500 East River Heights, Utah 84321 Phone & Fax (435) 752-2646 46 Proceedings of the Meeting: 47 48 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in the 49 River Heights City Building on Tuesday,July 20, 2021 for their regular council meeting. 50 Adoption of Previous Minutes and Agenda: Minutes for the July 6, 2021 meeting were reviewed. 51 Councilmember Wright moved to "adopt the minutes of the council meeting of July 6,2021 and 52 the evening's agenda." Councilmember Gallup seconded the motion, which passed with Clausen, 53 Gallup, Huntly,Mllbank, and Wright In favor. No one opposed. 54 Discussion with River Heights Youth Ambassadors: David Astle said they would like to spruce up 55 around the Ryan's Place Playground sign on August 11. They were willing to pull weeds, plant flowers and 56 add wood chips. Councilmember Gallup said they will work on getting donated wood chips. PWD Nelson 57 pointed out they use a specific color of wood chips that they get at a certain place. He was willing to pick 58 up the chips for the ambassadors to use. Councilmember Mllbank will check with Craig Adams to see if he 59 was still going to bring a crew for Ryan's Place Park cleanup day. Perhaps the two groups could 60 coordinate. 61 Reports and Approval of Payments(Mayor. Council. Staff): 62 Public Works Director Nelson 63 • The generator has stopped communicating with the well. Precision Power will come next week to 64 do a maintenance overall on it which will likely be expensive. 65 • Councilmember Clausen asked how the reservoir levels have been this summer. Mr. Nelson said 66 water usage has been the same as previous summers. He continues to test and keep track of the 67 levels. He is using a little less water on the parks this year than is typical. 68 • The company maintaining the city's roads will be here to start the HA5 on Sunday. They will start 69 with crack seal and do some of 700 South on Sunday. They will do other areas Monday and 70 Tuesday. They will get notices out to residents before the work starts. 71 • He informed that a homeowner along 600 South planted trees in the park strip a couple years ago 72 which are now fully blocking the school flashers. He recommended the city buy a new solar 73 powered one and locate it near the retention pond where it will be more visible. Both school 74 flashers have been having some issues and need to be replaced. To replace both would cost 75 $5,780. The city either needs to replace the flasher or have the property owner remove their 76 trees. The question was raised on how reliable the solar powered lights are. Mr. Nelson pointed 77 out that the one on 1000 East had been there for several years. There is $3,000 in the signs 78 budget this year. The Council suggested checking with Logan City to see how they like their solar 79 powered lights and then get one ordered to replace the east side for now. 80 FD Grover 81 • He discussed the Capital Projects list. An adjustment was made for the Stewart Hill Park. 82 • He explained and discussed the Financial Summary. Budgets are tracking fairly close. 83 Councilmember Huntly 84 • She wili report at the next meeting about her upcoming meeting with the city engineer. 85 Councilmember Milbank 86 • He and Councilmember Wright met with BioWest and the city engineer to discuss the concept 87 plan for Stewart Hill Park. BioWest presented plans. The city's input included less natural 88 landscaping. Mr. Milbank presented and discussed the plans, after adjustments were made. They 89 are hoping to get utilities installed with a restroom stub and the pathways installed this year. He 90 discussed the plan with the Providence Cemetery sexton Ryan Snow, who thought there would River Heights City Council Meeting,7/21/21  91 not be a problem with connecting pathways to the cemetery but would have to get official 92 approval from Providence's council and mayor. They discussed placing a bollard, so cars do not 93 try to drive through. Ryan was fine with this idea. The water lines would be connected from east 94 to west later when there is more money in the budget. Engineer Rasmussen convinced him that 95 the cost for water lines should be shared between the water and parks budgets. Councilmember 96 Huntly reminded that ARPA funds are available for water. Councilmember Clausen asked if the 97 requests have been turned in since the deadline is coming up. FD Grover said he is working on the 98 applications. Mayor Rasmussen asked why the plan was changed from more natural environment 99 to more grass which uses more water. Mr. Miibank replied that the natural landscaping would 100 require more maintenance and they felt the community would enjoy more of the green grass look 101 and feel. Ms. Huntly suggested there are other types of grass that don't require as much water. 102 Mr. Miibank showed and discussed examples of restrooms and pavilions. Mayor 103 Rasmussen voted for the shed roofs. Depending on how they were facing, they could be usable 104 longer in the season and the sun could heat the bathrooms. They also discussed the play area 105 equipment, which would be made from tree trunks and logs. 106 • Councilmember Clausen asked if the city received the RAPZ grant they applied for. Mr. Miibank 107 affirmed it had been awarded. The city has 2-3 years to spend the money. 108 Treasurer Wllker 109 • She presented and answered questions regarding the list of bills to be paid. 110 Councilmember Clausen moved to "pay the bills as listed." Councilmember Miibank 111 seconded the motion, which passed with Clausen, Gallup, Huntly, Miibank,and Wright in favor. No 112 one opposed. 113 Councilmember Gallup 114 • She received information from FEMA regarding the flood insurance study of Cache County. She 115 checked with Engineer Rasmussen to see if the bridge installation in Providence would affect River 116 Heights at all. The engineers replied that until the bridge is installed or there is a plan to review, 117 River Heights cannot propose any changes to the flood plan. Once Impacts become apparent, we 118 can send revisions to the state, but as of now there are none. 119 Councilmember Wright 120 • He thanked Councilmember Clausen and Gallup forthe BBOthey organized and prepared last 121 week. 122 Recorder LInd 123 • She asked for a council volunteer to set up the council water booth at Apple Days. 124 Councilmember Gallup agreed to take care of it. Mayor Rasmussen suggested asking Culligan If 125 they would donate a watering station for the event. 126 Public Comment: There was none. 127 Public Hearing to Adopt an Ordinance Providing for the Compensation of Elected and Statutorv 128 Officers of River Heights Citv: Mayor Rasmussen opened the public hearing. Mike Jablonski had reviewed 129 the salaries and felt they were fine If anything they were too low. He hoped full-time employees received 130 benefits, such as retirement, and paid vacation. 131 Councilmember Clausen moved to "adopt Ordinance 5-2021, An Ordinance Providing for the 132 Compensation of Elected and Statutory Officers of River Heights City." Councilmember Miibank 133 seconded the motion, which passed with Clausen, Gallup, Huntly, Miibank,and Wright in favor. No one 134 opposed. River Heights City Council Meeting,7/21/21 135 Approve an Ordinance to Adopt Changes to the City Code of River Heights. Utah (Regarding the 136 Repeal of the Mixed-Use Zone): Mayor Rasmussen said at the last meeting this was done informally. At 137 this meeting they had an official ordinance in front of them. 138 Councilmember Wright moved to "adopt Ordinance 4-2021, An Ordinance to Adopt Changes to 139 the City Code of River Heights, Utah." Councilmember Clausen seconded the motion, which passed 140 with Clausen, Gallup, Huntly, Milbank, and Wright in favor. No one opposed. 141 Discuss Changes to the PUD Ordinance: Mayor Rasmussen introduced Attorney Jenkins, in 142 attendance to answer questions and explain any ramifications regarding their decisions on the PUD 143 ordinance. 144 Mayor Rasmussen asked, if the city decided to leave the Riverdale zoning as R-1-12 and the 145 developer did not like It, what are the chances they could disconnect? Attorney Jenkins explained they 146 would need to have 50% of the property owners affected request a disconnection from the city. If they 147 have 50% then the request could come before the council for a decision. If they exhaust all their avenues 148 with the city, then they can take their request to the district court. The district would address a number 149 of questions and then make a ruling. It is premature to know how a judge would rule. 150 Councilmember Clausen asked if there was not 50% of property owners requesting to disconnect, 151 could they petition the other city and go to court? Attorney Jenkins said this would not put them in a 152 position to start the process. 153 Mayor Rasmussen asked how boundary line adjustments compare to disconnections. Attorney 154 Jenkins said boundary adjustments require both cities to come to an agreement. Councilmember Clausen 155 asked if boundary adjustments would involve only the residents in Riverdale or would it also involve 156 residents in Logan. Attorney Jenkins answered, only those in River Heights that would be affected. 157 Mayor Rasmussen felt there were two parts to this discussion: Is the PUD ordinance good and 158 where will the zone be applied. 159 Attorney Jenkins clarified that a petition for disconnection needs to include the names, addresses 160 and signatures of owners of more than 50% of private real property in the area proposed for 161 disconnection. 162 Mike Jablonski asked how property owner's rights would be protected in a boundary adjustment. 163 Attorney Jenkins said he would need to check the law closer. Mr. Jablonski understood that disconnected 164 property would need to go into Cache County, but it would create an island and the county does not allow 165 islands. Attorney Jenkins said this gets impractical and would probably not be approved. 166 Commissioner Cooley pointed out that there are two landowners adjacent to Logan City and if 167 they wanted to disconnect, they would have 100% of their property owners making the request. Attorney 168 Jenkins affirmed this would be possible. 169 Mary Barrus informed that the Lundahl/Davis disconnection created an island, and the judge on 170 the bench did not care. She felt there is never anything cut and dried. Attorney Jenkins agreed, but if it 171 comes to that, he will represent the city. 172 Councilmember Wright led a discussion reviewing the ordinance draft. He and Commissioner 173 Cooley worked together for hours and did a lot of research to pull it together. They learned a lot about 174 how it would come together and how it would be administered. At certain points in the document, they 175 refer to the subdivision ordinance for how a PUD would be approved. 176 The question was raised, how many units would the ordinance allow in the Riverdale area. Based 177 on roughly 10 acres of a PUD equaling 5.5 units/acre, gross, and there being 7 acres in Riverdale, there 178 could be 50-55 units. 179 Councilmember Wright explained the setbacks and lot widths. River Heights City Council Meeting,7/21/21 180 Mr. Wright asked the opinion of the council concerning the design standards for single-family 181 detached versus the rest of the development. He prefers differences In design rather than all the 182 buildings looking the same. Councilmember Gallup agreed with style diversity in the single-family 183 buildings within the PUD. The rest of the council agreed. 184 Councilmember Wright said the city attorney, engineer and public works director have not given 185 their input yet. They will probably need a couple weeks. If their changes are substantial another public 186 hearing may be needed. 187 Discussion was held on a homeowner's association (HOA)ownership versus city. Councilmember 188 Gallup remembered they were desirous to have open space in the Riverdale area for the use of all 189 residents of River Heights. Attorney Jenkins said there may be a problem allowing all residents to use 190 private property owned by an HOA. Ms. Gallup reminded that the Planning Commission wanted to 191 preserve the riverbank area and have walking trails for all. Mayor Rasmussen said that designation will be 192 addressed in the general plan. Mr. Wright said he will work through this with the attorney during his 193 review. 194 Councilmember Wright asked if the council wanted to pursue a conservation easement option. 195 Mike Jabionski informed, to be approved for a conservation easement, the property needs to have a 196 natural feature and a minimum amount of property. It was agreed to remove the section from the 197 ordinance because, while It might work in the Riverdale area, it wouldn't in other areas of the city. 198 Discussion was held on in-lleu substitutions for open space. The question was raised if this section 199 should stay in or be removed. Djscussion led to it being useful in certain unforeseen cases. 200 Councilmember Clausen asked for clarification on individual water meters or one to the whole 201 development. Attorney Jenkins said it would be up to the city. Commissioner Cooley said there is usually 202 one. The HOA would set a base rate for each unit and if there were overages,they would raise the 203 resident's rates. Mr. Clausen was concerned by the HOA being responsible for all the utilities and the 204 maintenance. Attorney Jenkins suggested looking at a handful of developments to find out how they do it 205 so River Heights doesn't have to reinvent it. PWD Nelson explained how the connections works in a PUD. 206 The main lines are all located outside of the PUD, which the city would be responsible for. At the 207 entrance of the PUD a meter would be placed, and smaller lines would feed Into the development and 208 then to the units. He recommended they have one meter for all the units and separate one for the 209 common areas. Discussion was held on how utilities are generally billed to an HOA. River Heights can 210 decide to bill each individual dwelling,just one bill to the HOA or somewhere in between. Mr. Clausen 211 was concerned about the possible failure of the HOA,and the city needing to take over the maintenance 212 of the infrastructure. Mayor Rasmussen suggested they take time to think about it. Mr. Clausen will do 213 some research with other cities and report back at the next meeting. 214 Councilmember Clausen asked for stronger language on what will happen if the HOA fails, and the 215 city has to take over maintenance. Attorney Jenkins was confident they could come up with language 216 that will work, along with the current ordinances the city has. 217 Councilmember Clausen asked how property taxes were charged in a PUD. Attorney Jenkins will 218 check with the county on how this is done. 219 Attorney Jenkins agreed to investigate the state code regarding boundary adjustment protest 220 rights, as well as disconnections creating peninsulas. 221 Councilmember Wright suggested looking at the adoption of a moratorium at the next meeting. 222 The council needs a few meetings for continued discussion. He didn't foresee them needing to take 6 223 months to wrap things up. River Heights City Council Meeting, 7/21/21 224 Mayor Rasmussen said the bulk of the next discussion will be whether to allow HOAs or have city 225 owned utilities, roads, and parks. Attorney Jenkins will explain protest rights and have suggestions 226 regarding maintenance standards. 227 Discuss a $2 Reduction in Sewer Rates: Counciimember Clausen reminded that the city's sewer 228 output to Logan has gone down substantially, which has decreased the bill. A couple of years ago he 229 asked for a $2 rate increase to cover the large bills at that time. Now that River Heights has fixed some of 230 the infiltration Issues the bill has gone down, and Logan City is not going to raise the sewer rates this year. 231 Because of these two things he would like to lower resident's bills. FD Grover agreed that sewer expenses 232 have gone down. Mayor Rasmussen said the sewer rate setting committee has mentioned they don't 233 plan on raising rates, but they don't know for sure until a vote is taken at their next meeting in January. 234 PWD Nelson reminded it Is a very dry year right now and if they go to a really wet year, the infiltration w|ii 235 go up. Mayor Rasmussen suggested a $1 decrease. FD Grover suggested waiting until January to see if 236 there was going to be an increase from the rate setting committee. Commissioner Milbank asked if the 237 variables in rates from the past could happen again. PWD Nelson said, yes, if it was a wet year. Mayor 238 Rasmussen will find out if a rate increase is going to be presented in January. PWD Nelson said they 239 repaired a lot of infiltration in the manholes and will continue to do so when they see problems. 240 At the next meeting they will discuss sewer rates again, hold a public hearing for a moratorium 241 and discuss the PUD draft. 242 The meeting adjourned at 9:45 p.m. 243 244 245 246 Sheila Lind, Re( 247 248 249 250 Todd A. Rasmussen, Mayor River Heights City Council Meeting,7/21/21  River Heights City Bills To Be Paid July 20, 2021 Payee Description Admin. Pi&Z Parks/Rec Pub. Safety Com. Aff. Roads Water Sewer Total 1 JUNE $ $0.00 Water Coliform Testing $40.00 $40.00 2 Bear River Health Department 3 Bio-West Parks & Rec Professional Services $1,995.75 $1,995.75 4 Foresight Land Surveying Stewart Hill Topo & Drone $1,840.00 $1,840.00 5 Hydro Specilaties Municipal Well Chlorinator Repairs $578.66 $578.66 6 Rocky Mountain Power Electricity $359.74 $67.07 $24.31 $1,179.17 $5,178.68 $29.72 $6,838.69 7 Watkins Printing Emergency Preparedness $1,959.97 $1,959.97 8 Whitaker Construction 800 South Storm Drain $315.27 $315.27 9 10 11 12 13 14 15 16 17 18 JULY $ 19 All-Tech Monthly Billing $24.32 $24.32 $24.32 $72.96 20 Cache Valley Publishing Ads $68.56 $68.56 21 Logan City Water Consumption $146.06 $146.06 22 Mountain Peak Builders Roof Repair School $468.00 $468.00 23 Peterson Plumbing Supply Service Line Repairs Mountain View Dr. $217.30 $217.30 24 Robertson Utility Products Mountain View Drive Service Repairs $182.00 $182.00 25 Roto Rooter Soccer Porta Potty $100.00 $100.00 26 South Fork Hardware Shop Supplies $35.22 $35.22 $35.22 $35.21 $140.87 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SubTotals $920.62:1^ lii$4,038.04 $1,984.28 $1,529.66 $6,402.24 $89.25 $14,964.09 Page 1 Total Amount to I I $14,964.09  River Heights City Bills To Be Paid July 20, 2021 Payee Description Admin. P&Z Parks/Rec Pub. Safety Com. Aff. Roads Water Sewer Total 1 JUNES $0.00 2 American General Life Cameron Life Ins. Premium $203.00 $203.00 $203.00 $203.00 $812.00 3 Cindy Schaub Planning Commission Stipend $72.00 $72.00 4 Daines & Jenkins Legal Fees $850.50 $850.50 Heather Lehnig Planning Commission Stipend $72.00 $72.00 5 800 South Storm Drain $245.00 $245.00 6 Incredible Concrete 7 Lance Pitcher Planning Commission Stipend $72.00 $72.00 8 Lehnig, Heather Seminar $15.00 $15.00 9 Levi Roberts Planning Commission Stipend $72.00 $72.00 10 Noel Cooley Planning Commission Stipend $72.00 $72.00 11 Thomas Petroleum Fuel $35.52 $35.53 $35.53 $35.53 $142.11 12 13 14 15 16 17 18 JULYS 19 Darrell Simmons Pavilion Rental Deposit Refund $50.00 $50.00 20 Freedom Mailing Services, Inc. Monthly Billing $148.92 $49.64 $49.64 $248.20 21 Marie Hadfield Pavilion Rental Deposit Refund $50.00 $50.00 22 Peterson Plumbing Mtn. View Drive Service Line $1,547.20 $1,547.20 23 Thomas Petroleum Fuel S27.45 $27.45 $27.45 $27.44 $109,79 24 Travis McNeely Pavilion Rental Deposit Refund $50.00 $50.00 25 Xerox Monthly Fee $26.79 $26.79 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ■ Page 1 SubTotals $1,026.21 $375.00 $415.97 $510.98 $1,862.82 $315.61 $4,506.59 Page 1 Total Amount to b $4,506.59  Enter Journal Amounts River Heights City Journal: CASH DISBURSEMENTS 7/19/2021 Period: 07/21 Page: 1 ♦Date; . Reference Account . Account,"ntte' DesCTlptlon Debit/Vnount • Credit Amount 07/31/2021 1.0001 01-1010 Checking - General Zions Visa July 2021 .00 1,808.09- 07/31/2021 2.0001 10-54-25 Emergency Preparedness Zions Visa July 2021 143.76 .00 07/31/2021 3.0001 10-54-25 Emergency Preparedness ZIons Visa July 2021 96.28 .00 07/31/2021 4.0001 10-54-25 Emergency Preparedness Zions Visa July 2021 1,129.82 .00 07/31/2021 5.0001 10-54-25 Emergency Preparedness Zions Visa July 2021 165.76 .00 07/31/2021 6.0001 10-48-70 Royalty/Ambassadors Zions Vrisa July 2021 6.37 .00 07/31/2021 7.0001 10-44-79 Internet Zions Visa July 2021 72.00 .00 07/31/2021 8.0001 10-70-75 Gas Zions Visa July 2021 48.52 .00 07/31/2021 9.0001 10-60-50 Gas, Oil & Vehicle Repair Zions Visa July 2021 48.52 .00 07/31/2021 10.0001 51-40-50 Gas, Oil, & Vehicle Repair Zions Visa July 2021 48.53 .00 07/31/2021 11.0001 52-40-50 Gas, Oil & Vehicle Repair Zions Visa July 2021 48.53 .00 1,808.09 1,808:09- 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 06/30/21 Sewer 10,000.00 ? Total FY 2020-21 60,000.00 FY 2021-22 Administrative Old School Stair Repair and Ramp 12,000.00 08/01/21 09/01/21 Administrative Master Plan City Square 10,000.00 07/01/21 10/01/21 Parks Stewart Hill Park 200,000.00 04/01/21 07/22/22 Sidewalk and Park Strip 400 South (600 East to Roads 500 East) 70,000.00 Roads 400 South Sidwalk Right of Way Acquisition 65,000.00 Roads Sidewalk Repairs City-wide 50,000.00 07/01/21 06/30/22 Sidwalk and Park Strip 400 South (500 East to Roads 400 East) 45,000.00 Roads Road Seal 40,000.00 08/01/21 10/15/21 Roads Sidewalk Identified by Paint 1,200.00 07/01/21 08/30/21 Roads Sidewalk Identified by Paint 1,200.00 07/01/21 08/30/21 Sewer New Shop 120,000.00 02/01/22 04/15/22 Sewer New Truck 35,000.00 07/01/21 11/15/21 Water Upgrade Lower Well 200,000.00 06/01/21 08/15/21 Upgrade Water Line Lower Well to River Water Heights Bivd 90,000.00 08/15/21 10/15/21 Water Lower Well Property Aquisition 15,000.00 06/01/21 08/01/21 954,400.00 River Heights City Financial Summary - Updated June 30,2021 05/31/21 06/30/21 Net Change % of Total General Fund 341,208.29 301,998.19 (39,210.10) 12.95% Capital Projects Fund 95,110.66 381,307.08 286,196.42 16.35% Water Fund 878,796.83 873,492.10 (5,304.73) 37.46% Sewer Fund 971,412.28 775,251.85 (196,160.43) 33.24% Total Cash Balance 2,286,528.06 2,332,049.22 45,521.16 100.00% %0f %0f Unexpended Budget Time YTD Actual Annual Budget Budget Incurred Incurred Revenue 1,205,278.86 1,169,850.00 (35,428.86) 103.03% 100.00% Expenditures Administrative 182,515.29 182,690.00 174.71 99.90% 100.00% Office 17,696.85 23,050.00 5,353.15 76.78% 100.00% Community Affairs 15,342.53 16,050.00 707.47 95.59% 100.00% Planning & Zoning 1,743.82 1,805.00 61.18 96.61% 100.00% Public Safety 92,155.27 104,215.00 12,059.73 88.43% 100.00% Roads 98,983.86 128,200.00 29,216.14 77.21% 100.00% Parks & Recreation 56,068.18 73,150.00 17,081.82 76.65% 100.00% Sanitation 172,515.51 150,000.00 (22,515.51) 115.01% 100.00% School Building 23,824.63 24,600.00 775.37 96.85% 100.00% Transfer To CP Fund 430,000.00 430,000.00 - 100.00% Total Expenditures 1,090,845.94 1,133,760.00 42,914.06 96.21% 100.00% Net Revenue Over Expenditures 114,432.92 36,090.00 (78,342.92) y. " . Xapitai Projects Fund ; v ' b"'' Revenue 186.59 3,000.00 2,813.41 100.00% Reimbursement income 171,779.39 177,532.00 5,752.61 Transfer From General Fund 430,000.00 430,000.00 - Expenditures Administrative - - 100.00% Parks & Recreation 4,985.75 51,200.00 46,214.25 100.00% Roads 389,687.27 390,000.00 312.73 100.00% - - - 100.00% Total Expenditures 394,673.02 441,200.00 46,526.98 100.00% Net Revenue Over Expenditures 207,292.96 169,332.00 (37,960.96) .V ^ WateirFund; ^ ' ^ ^ -■ Revenue 353,502.55 474,000.00 120,497.45 74.58% 100.00% Expenditures 308,429.85 475,340.00 166,910.15 64.89% 100.00% Net Revenue Over Expenditures 45,072.70 (1,340.00) (46,412.70) 1 Sewer Fund ' . \ ^ ' / j f ^ » Revenue 375,740.82 394,700.00 18,959.18 95.20% 100.00% Expenditures 604,730.93 641,990.00 37,259.07 94.20% 100.00% Net Revenue Over Expenditures (228,990.11) (247,290.00) (18,299.89) Combined-All Funds Net Revenue Over Expenditures - Combined 137,808.47 (43,208.00) (181,016.47)  ft ii RIVER HEIGHTS CITY PARK 87S Stewart Hill Drive, River Heights RESTROOM EXAMPLES Exterior Options: Rooflno Options: Brick Siding Metal Roofing Tan Block Tile Roofing Multi-Textured Colored CMU Block Stucco Siding Notes: Cedar Board and Batten Siding Cedar Board Siding Steel posts, tieams, doors, etc, can Log Siding be painted or powder coated any Steel Siding color. River Rock Wainscot Romtec Inc. Modd:2022 Romtec Inc. Model: 2024 PAVILION EXAMPLES o Romtec Inc. Romtec Inc. 0e Model: 2022 or 2024 Model: 3021 Approximate Cost Estimate: S60k - 80k Approximate Pavilion Cost Estimate: CO 5 -c (Cost Includes; Design and Manufacturing; $40k - 50k 1e NOT Delivery and Installation) (Cost includes; Design and Manufacturing; O1 NOT Delivery and Instaliaticm) III t ^ I Si UJ lO > Ss en PflOJCC! OWhti^ RIVER HEIGHTS cmr RCV WTC 0€SC«PTION Romtec inc. Romtec Inc. Model: 2022 or 2024 Model; 3021 single slope Pavilion Approximate Cost Estimate: S60k - 80k Approximate Cost; S40k - 50k (Cost includes; Design and Manufacturing; (Cost includes; Design and Manufacturing; NOT Deliv^v and Installation) NOT Delivery and Installation) OftmM gf; SO ^TC; JUMC 30. 20ai SITE AMENITIES snen iMNircR: NATURE PLAY AREA EXAMPLES A. O a "I X E Of 111 t: Nature Play Area Example taken from Three Creeks Confluence Nature Play Area Example taken from Three Creeks Confluence X I Salt Lake City, Utah Salt Lake City, Utah XS til MtOJCCT omtflfc RIVER HEIGHTS crrr UtMklMM RCV. DATE oacfmoh CXCKCD tr; CS CUTE; AINC 3Q. 2021 SITE AMENITIES SHC£T OCK^CR; Nature Play Area Example taken from Sprlnglake Nature Playground Nature Play Area Example taken from Kew Gardens Mount Barker, Australia Richmond, UK  ORDINANCE 5-2021 AN ORDINANCE PROVIDING FOR THE COMPENSATION OF ELECTED AND STATUTORY OFFICERS OF RIVER HEIGHTS CITY NOW,THEREFORE,BE IT ORDAINED BY THE RIVER HEIGHTS CITY COUNCIL THAT: 1. Repealer. All previous salary of compensation ordinances regarding elected and statutory officers hereby are repealed. 2. Compensation. The monthly compensation of the elected and statutory officers shall be as follows: Mayor $1,000.00 Council members 400.00 Council member over zoning 500.00 Finance Director 1,200.00 Treasurer 23.50/hr Recorder 25.00/hr Compliance Officer 22.00/hr 3. Payment. The treasurer shall pay each elected official and the Finance Director monthly. All other statutory officers will be paid bi-weekly. Payments will be by automatic deposit or by delivery of a check drawn on the mimicipal checking account. 4. Per Diem. Each member ofthe governing body shall receive mileage and per diem for all trips approved by the governing body according to the schedules adopted by the Utah Department ofFinance. 3. Effective Date: July 1,2021 Adopted this 20 day of July, 2021. Todd A Rasmussen, Mayor Attest: Sheila Lind, Recorder ] Ordinance 4-2021 AN ORDINANCE TO ADOPT CHANGES TO THE CITY CODE OF RIVER HEIGHTS. UTAH The River Heights City Council voted to repeal the following sections from the River Heights City Code: 10-7 Mixed Use Zone Remove column "M" in 10-12-1 Effective and adopted July 20, 2021 by the River Heights City Council. Todd Rasmussen, Mayor ATTEST Sheila LInd, Recorder  TITLE 10 CHAPTER 10 RESIDENTIAL PLANNED UNIT DEVELOPMENT ZONE SECTION: 10-10-1 Intent 10-10-2 Regulations 10-10-3 Procedure 10-10-4 Requirements 10-10-5 Open Space 10-10-6 In Lieu Substitutions for Open Space Requirements 10-10-7 Development Agreement 10-10-8 Water, Sewer and Road Requirements 10-10-1: INTENT . The intent of this zone is to encourage efficient ulfl^tion of land that is suitable in size, location and character, to develop a sense of community and to ensure compatibility within the surrounding neighborhoods and environment. This is accomplished by allowing greater diversity of lot design, flexibility in the placement of buiiaings, clustering of dwelling units, amenities, well-planned circulation, the creation and consolidation of open spaces, and attractive entrances. These provisions are intended to create more attractive and desirable environments within River Heights City while ensuring compliance with the intent, objectives and purposes of this title and the city's general plan. v. 10-10-2: REGULATIONS A. The following uses are permitted in the Residential Planned Unit Development (R- PUDj.2one: 1. Single|f#mily detached housing 2. Single-famfly duplex housing 3. Single-family atfached housing 4. Multiple family attached housing {shall not exceed four (4) units per building) 5. Parks and Recreation B. A minimum of 65% of all dwelling units In a R-PUD shall be single-family detached housing. C. Ail buildings shall be limited in height to two stories above grade Draft July 19, 2021 D. Lot Regulations: Minimum Project Size 5 acres Minimum Density^ 6 dwelling units per acre Maximum Density^ 9 dwelling units per acre Minimum Lot Area Single-Family Detached 5,000 sq ft Duplex 7,500 sq ft Multiple family 10,800 sq ft Minimum Lot Width Single-Family Detached 60 feet\ Single-Family Attached (street garage access) 110rfeet'^ Single-Family Attached (alley garage access) Duplex {^ibjD'feetv Multiple Family M20 feet.\ Setbacks (Single Family Detached, Duplex)^ \\ Front Yard (street garage access) 20 feet minimum^ Front Yard (alley garage access) x 10 feet minimum Rear Yard (street garage access) 10 feet>minimumN;J\ Rear Yard (alley garage access) n20 feet'minimum \ i. Side Yard J,:5 feet minimum Side Yard on a Street "1'5Teet minimum adiacent to street Setbacks (Singe Family Attached,^Multiple Fanilly)x Front Yard (street garage access)\ "X. X ^20 fedtlj^Jqimum Front Yard (alley^garage^ccess)VX .lO^et minimum Rear Yard (stree1fgarage\access) \\ ylOTeet minimum Rear Yard (alleyllarage access) / 20 feetfminimum Side Yard \' 10 feet minimum Side Yard on a Sffeet, /-i \\ 15 feet minimum adiacent to street Maximum^Structure^Heigtit \ \ 35 feet Off^Street-Parklnq XA <f xXx ^in'gfe-Family Detached NiX 4 per dwelling unit Sih^gle-Family Attached 2 per dwelling unit + 0.5 guest/unit Dupfefe^ \ 2 per dwelling unit MultipIe>Ramilv (2+bedrooms) \.> 2 per dwelling unit + 0.5 guest/unit \ gross project acreage minus acreage dedicated to rights- ^ Density = Hcw^lng unitsjper of-way and m'lQ^s acreage dedicated to open space. 10-10-3: PROCEDURE The application, review and approval procedures for a R-PUD development are described in Title 11, Chapter 4 (Review and Plat Requirements) of this code. Additional requirements are described In this Chapter. 10-10-4: REQUIREMENTS A. In addition to items required for the site analysis (11-4-1 C.), the developer shall provide a written statement that describes the impact the development will have on Draft July 19. 2021  natural features of the area. Include any measures taken to mitigate negative conditions that occur as a result of the project. B. In addition to items required for the sketch plan submission (11-4-1 F.), the conceptual site plan shall show approximate building locations, proposed road layouts, general parking layouts, proposed open spaces, anticipated public and private amenities and their locations. C. In addition to items required for the preliminary plat submission (11-4-2 B.), the developer shall Include dimensions and locations of areas to be reserved for vehicular and pedestrian circulation, proposed parking, ingress, affd^egress. Proposed circulation patterns including private driveways, public and private streets, and pedestrian and bicycle paths shall also be included. D. In addition to Items required for the prelimina^^plat subng|ssjon (11-4-2 B.), the developer shall submit preliminary architectural plans^nd landscape^plans. The architectural plans shall comply with the architectural star^da^s'described below.^The preliminary landscape plan shall show general location and tjjpfi^of plants to be installed-as well as preliminary calculations demonstrating that landscapjlyequlrements have beerl met. E. The final plat submittal shalj;iinclude fully ci^|jgde,^and engineereci^B|awings for the site plan (including a parkif^|p]|m), architeclu^^ians, landscape plan and parking plan, with these plans meeii^^ll^e^requirenif^^p outlined herein and which may be added as a condition of the?|ke'tch:,plan (conceptual) or preliminary plat approval. This Is in addition fo any plat arii^s^onstru&ion drawlngs^whlch are required as part of the subdivlslplKSf|prpperty described ln/Tltle'1vT Cliapter 4. F. Modlficatioris^ahd Conditij^s May b^ Imposed. Tne^planning commission and city council may impos^ moJffications and-eonditions such as: street capacities of the area, ingress anfegress^t§%djpining Streets, internal traffic, signs, lighting, building bulkflarciTijEectural styjaja^^ and'open space characteristics, as stated in ilieifeive^ SuMiyision Ordinance.^ G. Th^development'^ust be?:ip|anned as one complex land use rather than as an aggravation of individtlaj and%|>ejated buildings and uses. '6^ H. Proposed^g^PUDs adjacent to existing single-family homes must place single-family homes adja^||} to thejexjsting homes unless otherwise buffered by a 100-foot-wide open space aPd^ilandscaped buffer. Architectural Desigo^Standards jfbTalhhous'inmMdePt si'nglerfamili^^^^^^ 1. All new buildings must incorporate a defined architectural style 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 a. Exterior Materials. All exterior materials shall be suitable for the climate and exposure in which the development is located and shall, to the greatest extent possible, be maintenance free. Primarily durable, materials including stucco, brick, fiber cement, decorative block or other materials as approved by the 3 Draft July 19,2021  city. River Heights City reserves the right to reject any proposed building material it feels is not in harmony with this requirement. b. Elevations. For buildings over one story, vertical separation elements to differentiate levels may be appropriate. These may Include change of materials, dormers, cornices, or other elements, as approved by the city. Architectural wail variation between units to differentiate dwellings may also be appropriate. These may Include vertical articulation, variation of materials or other elements, as approved by the city. Trim and/or shutters Is required on ail front and side elevations windows unless the design of the building is such that trim and/or shutters is not compatjble^with the overall architectural style. c. Roofs. Pitched roofs are encouraged.j^ -r, ^'kh d. Garages (1) Each single-family detacKed'^unit, single-famiiy^dupjex unit and singie- family attached unit is required to have a minlmum'^twoj^car garage which shall be attached to the rnalrhstructufe^and shall'^beVof the same or complimentary architectural materialsa's-the primary resi(^dnce. (2) Multiple family uhits'^are^encouraged to^^have garages, but garages are not required provided iqai^a^least^one (if'ep^ered parking space is provided for each_ dwelling uriit.^arages^^ b^aftached or detached from the primary^sB^ueture, but\he use^of attacl^d,\^essed garages Is strongly enc^uragedl^Front-Ioad^Bs^arages^m^^a^^ protrude beyond the front piahe^.pf the mam buildingTagade by mofdHhan ten (10)feet. 2. Accessory Buildlngsf Accessory buildings privately owned by an individual y^'hoiriepyi/ner^all^tjbVp'e^ commonly held area. ^'3,"^"Porches, Dlck§ an^^Overhar^s.^To provide architectural variety to the \,>~'development]^thdvuse Vfi^covered porches, decks and overhangs is encouraged. ^Such porches,'decks anApyerhangs shall be integrated into the design of the struSure to avoid\he^appe^farice of "add-on" elements. J. Landscape^! 1. Show plantihg/an^/irrigatlon plans for the entire site, specifically those areas which will be helld in common ownership. The landscape plans shall include all requirements outlined in this chapter. 2. The developer shall submit a landscape documentation package, which shall be prepared by a licensed landscape architect. The package shall Include planting and irrigation plans for the entire site, specifically those areas which will be held in common ownership. The landscape documentation package shall be submitted to and approved by the city prior to the issue of any permit. The documentation package shall consist of the following: a. Project Data Sheet. The project data sheet shall contain the following: 4 DraftJuly 19. 2021  (1) Project name and address; (2) Applicant or applicant's agent's name, address, phone and fax number; (3) Landscape designer's name, address, phone and fax number; and (4) Landscape contractor's name, address, phone and fax number, if known. b. Landscaping Plan. A detailed landscaping plan shall be drawn at a scale that clearly identifies the following: (1) Location of all plant materials, a legend with botanical and common names, and size of.plant materials;f|h \ (2) Property lines and street nam§s|i (3) Existing and proposed bdjldings, walls, fences, utilities, paved areas and other site improvements; (4) Existing trees andip.lant materialsitojbelremoved and retained; (5) Designation of lan^scape^zones; and^^ (6) Details and specification for fre^staking (treesj^ess than a two-inch caliper mustjtfiefp&uble stakedS^until ^'t'^es mature to two-inch caliper), soil pre'|iaratfe:^and other plan^ng.wo'f^ ^^ c. Irrigation^lan. A detailed irrigation plan shall be drawn at the same scale as the plantingiiplan.a&shall^contai^^^ following information; the^irrigation'^sy.stein^and a legend summarizing the type and siz^df'all com'prpnents of thdisystem; 0(2)Static water\pressu|^>jn pounds per square inch (psi) at the point of ^IlivConnectlonNtoMhe puVlic water supply; V) per minute and design operating pressure in psi for (3)'^RjpW rate in/galions e^ll-yalve'an^ precipitation rate in inches per hour for each valve with sprinklers; a.ri^ (4) Installation details for irrigation components. d. Grading Plan. A grading plan shall be drawn at the same scale as the planting plan and shall contain the following Information: (1) Property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements; (2) Existing and finished contour lines and spot elevations as necessary for the proposed site improvements; Draft July 19, 2021  (3) Grade shall slope away from the structure as required by the International Building Code. K. Landscaping Standards 1. All required landscaping shall be installed prior to River Heights City issuing any certificate{s) of occupancy for structures in the development, unless seasonal conditions make installation unfeasible, In which case the applicant shall provide cash security or its approved alternative for all landscaping, which landscaping shall be Installed by the following May 31st. a. Applicability. This section applies to all/rbht/slde and rear yard landscaping as well as any common area landscapinglwhich is referenced herein. \\ b. Materials. Landscaping shall be/p.lanted with substantial live plant material including plants, shrubs, trees,ysod, etc., for the\purpose of buffering, screening, and improving the^visual quality of the site. VVherever possible on the project, developers are encouraged to use Low-lmpact\Development(LID) techniques and materials. (1) Plant SeIection.NRIa^5s>^lected f6r»||pdscape areas shall be well suited to the climate andSSil^on^tions attjfte project site. Plants with similar water needs shall €^^grouj)ed^togetlT5e'^° as much as possible. Drought tolerant,|^ants are encouraged. Areas witeslppes greater than twenty-five percen|!''(^^^^^ shall Bb''landscaped With dee^^rooting, water-conserving plants^for^'rosion controlbnd'soil'stabilization. VI V'/ (2) MulcrtfjAfter completion of all^lanting, all irrigated non-turf areas shall be coverefewith.,a;miini^^ fobr-inch layer of mulch to retain water, inhibit v^,eed grbv^5^^Bd^mob^ soHJemperature. (3) Siz^of.Tt;ee^>^e following-standards apply to trees used in the required landscaping of the'development. % \\ \ X'\(A)Deciduous.trees shall have a minimum caliper size of two inches (2"). ^ \\ (B)10rnamental trees shall have a minimum caliper size of one and one- "^^h^lf inctW(1.5"). (C)Evergf'een trees shall have a minimum height of six feet (6'). (D)Xenscaping. The developer is encouraged to use xeriscaping for a portion of the required landscaping. (4) Vegetation Protection. The property owner must protect existing significant vegetation during any development activity. Development plans must show all significant vegetation within twenty feet of a proposed development. (5) Removal. No landscaping may be removed without replacement of equal 6 Draft July 19,2021  quality. This shall Include the installation of healthy plant materials as well as a tree for tree replacement as governed by this ordinance. Utility contractors and others that disturb landscaped areas shall restore disturbed landscaping to previous condition. L. Mailboxes. The developer shall coordinate placement of clustered mailboxes with the United States Postal Service. Miscellaneous Site Development Standards 1. Walkways and Paths. Each development shall ipClude common area pedestrian- friendly walkways and paths. Where possible,;'Such walkways and paths shall connect to a larger trail system. The genlral''location and design of such walkways and paths shall be presented^^a^|art^bf^he preliminary site plan. The construction type, size and exact locatjoqjshall be^part of the final development of each phase. All walkways and patlT^shall be provided with adequate safety lighting. 2. Fixtures and Appurtenances. type bcation fixtures or appurtenances (lighting, benches, blk^i:acks,j^|gi) shall be si^b^ltted as part of the final development oT^ach phase and^shaljibe approved by tl^clty. 3. Public Infrastructure. AlP(juBlic^mfr^structure;*lt3iprovements shall be constructed according to the River Heigfjjs City^ design standards and specifications. 4. Lighting. T^lSi^taln the ^^enhaT^SH^ct^^ shining on-tdj^notheri?,residence shield the lighting from a development governed by thes^'^|a^dards\hbll be DarJ<;,S^^compiler compllInFand comply with the Outdoor 9, Chapters. 5. A^SIghSg1g>^ll sighage.;shalFcomply with the River Heights City sign ordinance. 10-10-5i^fOPEN SPACEs A. R-PUD^;shall provide'^ ijiinlmumbpen area for residents and/or occupants of such \n\ff developm"$iL Open space shall be land areas that are not occupied by buildings, structure^papldng arekskincludlng private driveways), streets or alleys. Said open space shall'^ljli^devofed'to landscaping, preservation of natural features, open pavillons, and'^f^reatibnal areas. Required "base" open space areas shall be contiguous, not a CQllection of remnants. B. The open space requirement for a R-PUD is twenty-five percent(25%) of the gross acreage. C. The open space should be large enough for the use of all residents of the project or the general public. Such spaces 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 buildable, such as Draft July 19, 2021  canyons or slopes, rldgelines, wetlands, river, stream or creek corridors, utility corridors, wildiife habitat, geologicaily sensitive areas, and significant views and vistas. E. Open Space Amenities. An R-PUD with 40-100 dwelling units must provide a playground. An R-PUD with more than 100 dwelling units must provide a playground and pavilion. Alternate amenities of equal value and utility may be provided, if approved by the city. F. Piayground. A playground area provided for children twelve years old and younger to play on shall be provided. Each playground must:'include features that appeal to children within the above age group including somds-ofthe following: slides, monkey bars, ladders, tunnels, climbers, bridges, ramps.^latforms, etc. All playground equipment must be of commercial grade. EacH playground must include a minimum of six (6)features. G. Type of Ownership Allowed for Open/Space 1. General. Open space in the R-PUp>zone shall^remain X'" uf^diy^ed and may be owned and managed by a homeowner^' ajsso'ciation or the c^y. A narrative describing ownership, use^^and maintenance responsibilities sK||J^be submitted for ail common and ^[|u|iiGxiniprovem\ntsg(^ utilities and open space within undivided lands. If, at ap^Jtinfexthe owneronip of open space is changed to another form of ownersfi1^js^i6v\^dxJierein°%tfe change must be approved by the city and tfi^^citylriust^be provided^the first right to accept or acquire the..o"^ni%)ace. 2. OwnerstiifD^tandarcis^Open sjDaKi^within a'^^velopment shall be owned, administere'S^nd maintained by ahyof the following methods, either Individually or in combinMion, and'slibiect to approval by the city. tXa>^Offe^bf®edicatibn: The city.shall have the first and last offer of dedication of undivided^fands fe^iie^vent saidjand is to be conveyed. Dedication shall take the form oTa fee sirnjaje^ownership. The city may, but shall not be required to, ^accept undivid^ lands|^rovided, that: IT^Such land is accessible to the residents of the city; I \ (2) Thef^is np^ost of acquisition other than any cost incidental to the transfer of ov^rfer/hip'iuch 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 fifty percent (50%) of the actual cost of installation of said improvements. b. Homeowners' Association (HOA). The open space (undivided lands) and associated facilities may be held in common ownership by a homeowners' 8 Draft July 19.2021  association. (1) The HOA shall be responsible for maintenance of insurance and taxes on undivided lands, enforceable by liens placed by the city. (2) The members of the HOA shall share equitably the costs of maintaining and developing such open space (undivided lands). Fees shall be determined by the association and approved by the city. The fees assessed shall then be deposited In an escrow account. Shares shall be defined within the HOA bylaws. (3) The developer of the subdivision shall^endow the newly formed HOA with funds equivalent to ten percent development cost for all common Improvements which shali§be^ used by the HOA to operate, maintain and insure the HOA fpr'tf^^irst yfar^hat the association begins to operate independently of thejdeveloper. Funds shall be deposited in the checking account in the nam^of the HOA wlthinsten (10) days after the day which the HOA begin^tg^perate independShti^c^of the developer. (4) in the event of a proposed transfer of ogfef^space (undlvjcied lands) by the HOA to the city,<notice of such action^fiall be given to alllbnoperty owners within the developrnerit.^ (5) All Improvements t6|thp opi^space (uhdiVigled lands) held In common or intendedjto^be held ir|cpmrnbn^-'the HO^'shall be approved by the city, instal|^^brT\pIeted ariSs^ccepted,prior to^the beginning of the second pha||9(5f'^bnstructlon, o^^l^the/proje^^ prior to sale of all ibti^llf phasii^i'pf the Impravements to'TS'e^open space (undivided lands) is iSq&lrpd byjthe developer,"^all incomplete improvements for the open space^'fbndivige^^^^ shallpe secured through a bond posted by the vSj^^eypioper^JTh^^^ 150% of the cost of the Incomplete 1m proyem ents>v ^ (6) The HO'^-shali hav^e^pr hire adequate staff to administer common facilities and' properiy>and cbntinualiy maintain the open space (undivided lands). c- ConsefVatioii EasementI;A conservation"¥isement may be,established t^ provide'per;manent preservation Of the open space'(undivided lands), the easement shall benndicated on.the recorded plat and'state\the ownership p| the easement and; reference the maihtehance'agreernent.also,recorded with tee^fihal^piat-^sta^t^ngThe.:Sta^da^ds of'upkeep'as;definedMn4hese:regulatiQnsij h. TransT^df Easements lo^Private Conslrvatidn Organization. With^thej Recommendation of the planning comrhission;and the perrnjssiQn of the cliy^ council', an owner rhay transfer easements or ownership to aipriyate nonprofit organization, among whose Purposes it is to conserve open space (undivided lands): provided; that; (1) Thetofaahization is a^eptable to the city, and is a bOnOde conservation' Rirganization with perpetual existence; Draft July 19, 2021  '(2)^The,coTiveyance- corSTs appropHate -pmvi^ibn for propeFl-everting^ "retransfer .to the HOA or the city" in the event the organization becomes, unwiiling.or unable to-contihue carrying out Its functions: and 'OrA rhaintenance aareeThent acceptable'to the citv is entered into by the Ijeveioper and the organizationr 3. Maintenance Standards a. The owner of the open space (undivided lands) shall be responsible for maintenance and the raising of all monies required for operations, maintenance and physical Improvements to the open space '(undivided lands) through annual dues, special assessments, etc. The/-maihtenance organization shall be authorized, under its bylaws, to place^lienpo^.the property of residents who fall delinquent in payment of such dues, assessmenti^etc. b. In the event the maintenance organization, or any successor organization, shall, at any time after establishment^a'^evelopment containin^open space(undivided lands), fail to maintain the operrspace (undivided lands) injeasonable order and condition in accordance with the^d|velopn^efirplan, the city^^ay serve written notice upon the owner'-of record, settingTbrt1i>the manner in wtjich the owner of record has failed to\maiqtain the open^pace (undivided lands) in reasonable condition. S'f"'' ^ c. Failure to adequately maint^n thevqpen^pace,!,(undivided lands) in reasonable order and^pditipii constitiSt^s^a viojatioiVoTthis titleJ"he city is hereby authorized to giveliStibK'by^pVsonal delive^^dr by'Uriit^^l^Jates postal service,to the owner or occuplpt, as tbejcase may'^be, of'-any violation, directing the owner to remedy the sarri^^jthin twenty (20) days. Farther, the city shall be authorized to assume rnaintenancdbf the-'open-space (undivided lands) in such a manner as it deems J,^d. Should an^?bills for.^^aintenance-of'the open space (undivided lands) by the city be unpaid by■banuary^'Jqf each year, a lien shall be filed against the premises in ^^"' pHhe same manner as other^municipal claims. A late fee of fifteen percent (15%) ^K.aSinually shall be added to'such bills, and the city shall be entitled to recover any 5dats,.and attorney fees incurred collecting or recovering any such amounts due to e. Access by^PdbliC'Upon Completion of Improvements within Undivided Lands. The public shairHav^ access, when mutually agreed to 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 access 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. f. The following standards shall be fulfilled and shall be recorded on the face of the final plat: "River Heights City shail have the right, but not the duty, to require, and if necessary, perform, at the organization's expense, 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 10 DraftJuiy 19, 2021  overimprovements or maintenance tasks by an organization. The city council may also take such action when it determines the need based on a historical pattern of lack of care 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 of River Heights City" 10-10-6: IN LIEU SUBSTITUTIONS FOR OPEN SPACE REQUIREMENTS A. Purpose. If the city finds that land in other location^giay be better suited to meet the open space requirements consistent with the geaeral/plan, the city may, at its sole discretion, allow a developer to provide a cash^|^ljgu substitution. B. Cash in Lieu. The city may, at its sole discre|lon, accept cash in lieu of open space or amenity requirements where such funff^can be mor^'^effectively used to acquire land or amenities at a more appro^fatj^br significant locatipn consistent with the general plan and the parks and recr^bhon master plan. CasH-i,l^ieu payments shall not be accepted until a qualified appraisal is provi^d by th^cjty^at the cost of the applicant, Identifying the value of the original lan^^ol^hich the iriMieu substitution is proposed, based on the uspt^iat will be ^e|mittp|jif the open spaci|fequlrement is removed, and for which casfi|^lieu shall be^^^ed. The city shall have the option to use in lieu funds for usesT^^a^^^^^^ 0. Approval Required Prior to Repprdation.^Recordatib^o^ a final plat for a R-PUD utilizing a cashjiq|i^^L|bstitutiohjnay notocc^r-until inilieu substitution is approved, finalized and^SlcTlw' 10-10-7: DEVELOPMENT-AGREEMENT The developerfand^^the city'^shallJehte'r^lhtOsa development agreement, approved by the City attorneyflhat'rfiSudes|h^ollov\^ ^ A. Webdeveloper sHalKconstfuct and complete the project in accordance with the apprb;p^d plans andUiX^ccordance with city ordinances. The terms of the contract shall D%lbindlnq upon upomaiKsuccessors of the R-PUD. B. A landscaping^plan shall) be provided to the city and approved before occupancy permits arelllued. Th% landscaping shall be completed as part of the project. C. A perpetual, irrevboable homeowner's association (HOA) shall be established prior to any occupancy permits are issued. The owner/developer shall constitute a pseudo- HOA until sufficient occupants are available to establish an association according to covenants, conditions and restrictions. D. The developer shall provide covenants, conditions and restrictions (CC&Rs) of the HOA, 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 recording the final plat. The CC&Rs will be recorded by the city 11 DraftJuiy 19, 2021  attorney at the county recorder's office at the time of the filing of the final plat. The HOA shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development. Membership In the HOA is automatic (mandatory)for all purchasers of residences or lots 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. The HOA shall be responsible for the following: j-pno) 1. Maintenance of all water works In the r^PUD/The fire line shall be the responsibility of the City. The developer wjll 'provide to the city a right-of-way to access fire hydrants for flushing and reparrs,;> /'\ ^ V \ 2. A separate agreement will be generated.with the cityTorsTights-of way, easements and a method of payment for repairs,/ \ \. 3. Maintenance of sewer lines, clearing>epair and^controllingThe-sewer out fall from the R-PUD. 4. Maintenance of grounds,.plants, trees, shrub's, sod, etc. in accordance with the landscaping plan. V' 5. Maintenance of streets, parking lots, sidewalksj, playgrounds and other Items described in^fl5§^C&Rs. ^ H. Collection andipayment ofscity utility,^billings and other billings as designated by the CC&R declaratibh'^f management poHcfes, covenants and restrictions setting forth the^ponsibilitfes^_^duties:o^ renters, or occupants within the R-PUD. jCfhpftJHSUhT^tsJhatHhe^^^ to carry out the intent of this title. Fees.are charqea4h'accordance V . N. with a fee schedule set by the city council. 10-10-8: WATER^^SEWER AND ROAD REQUIREMENTS The design and cohslfuction of improvements in a R-PUD shall comply with the design standards In Title 11, Chapter 6io addition to the following. A. Water Systems 1. Culinary Water System a. The culinary water system shall be serviced by one master meter. Exception: If a public road divides an approved R-PUD then, two master meters shall be used. b. All master meters shall be set in the public right-of-way. c. All service lines shall be protected by an approved backflow prevention 12 Draft July 19,2021  assembly on the service side of the meter. d. All dwelling units shall be individually protected by an approved backflow prevention assembly. e. All water lines shall be located, maintained, repaired and governed by approved CC&Rs from the service side of the meter to the shutoff valve in the dwelling unit. f. Individual dwelling units shall have the following minimum items: (1) Supply shutoff both inside and outside.<i! (2) Pressure reducer. (3) Backflow prevention assemWyi| (4) Expansion tank. (5) Supply lines will not pass through, ovep^f^under anotheRdwelling unit. 2. Sprinkler System for Outisifelrrigation a. The outdoor sprinkler system-'Shall^e approved by the city. b. Each sys;^^shall be ser^i^ed by ^sOMrate n¥et^r. c. Each^ilstem shali-be serviced,by ah approVed^backflow prevention assembly designeq^r sprinkle^systemsi^\ ^:^i?^^b^^back^^^^te'ctiorn sHalKbe registered with the city and have a "^'"'"^"^rtifie^Sitest submitted to^tH.^city^'annually prior to the start of the irrigation season.'^^^\ e^Each sprinklersysterrFs^an be designed by an approved agency and sized in Xacpordance with "the adopted plumbing code. f. Sprinkler systejns jthat have the option of being connected to a non-potable water\tipply are-plegal except as approved. ■ 3. Storm Water SyStem a. Storm water systems shall meet the requirements of the subdivision ordinance and city standards. b. The HOA shall be responsible for repairs and maintenance of all privately- owned storm water infrastructure. B. Sewer Systems 1. A sewer system will be installed to service a R-PUD in accordance with city 13 Draft July 19,2021  standards. 2. No R-PUD shall be approved without connecting to the River Heights City public sewer system. All units must be connected to the system. 3. In addition to the city sewer ordinance, this section will provide specific requirements: a. Each dwelling unit shall be served with a building sewer line which will not be less than four (4) inches in diameter. b. A dwelling unit drain/sewer shall go directly t^the common area and will not pass through, under or over any other dwelling unit or building. c. A dwelling unit sewer shall be seryiced by a^jommon sewer. The common sewer may service more than one'^^welling uniiShowever, the common sewer will be sized according to the presently adopted plumbing code. d. A dwelling unit clean out shall be^provided as oer the adopted plumbing code. Clean outs for the common sewe^n'shall al^^be accordir^o the plumbing code with the addition, a clean but\wiffea brass cap at property line. There will also be a-;cl|aJ}>.out at the^faftj|est upstream end of the pipe. This clean out shall be In^tffev^mnTons arei|aqd shall also have a brass cap. Additional clean outs m^.be^r^uired bas'ed.on length and bends as per the plumbing code. \\ \ e. Each.dwelling unltwill be provided with a'backwater valve as per the plumbing code\ iC XV./ C. Monthly Billing for^Servicesr'^ ^T.#,Monthly-Billing for VVater and SewersServices. xra. Each dwelling\unlt wllbbe assessed a base rate established by the current ^^V.ate schedule\~" ^/T^te schedule.\The HOA^will receive the billing and be responsible for bayment. b. Any^structure other than a dwelling unit will be billed to the HOA. Fees will be based^di^^the current established rates. c. Overage criaiges for water service will be based on current established rates and will be billed to and paid by the HOA. d. Any sewer pretreatment fees will be billed to and paid by the HOA. e. Fees for the outdoor sprinkler systems will be billed to and paid by the HOA. 2. Monthly Billing for Storm Water. Storm water fees will be based on the current rate schedule. The HOA will receive the billing and be responsible for payment. D. Right-of-Way (ROW): Public and Private 14 DraftJuly 19, 2021 1. Public ROW. All public ROWs will be designed and constructed In accordance with city specifications for public ROWs. 2. Private ROW. Private ROWs may be allowed In a R-PUD subject to the following requirements. a. All private ROWs must meet public safety and fire code requirements. b." A R-PUD must provide for pedestrian traffic, either In connection with the ROW or in another suitable location within the"^R-PUD. c. A R-PUD must plan for storm water generMed by ROWs. Failure to Comply with Regulations. In case or raiiure or neglect to comply with any and all conditions as established by law and the supporting documents of the R-PUD, the city will refuse to Issue additional building permits and stop construction until violations or noncompllant conditions have been eliminated. if"' 15 DraftJuly 19. 2021