City Council - Regular Meeting

all right let's do this okay everybody I know you are so excited for ethics training so I have got a fantastic presentation for you tonight to teach you all about ethics let's get started so As council members, you all are giving a tremendous amount of your time and your energy as you serve Draper. And so the reason for ethics rules, they're sort of threefold. They're going to protect you personally from liability, from reputational harm, and from the unintended violations that could follow you beyond your time on the council. but it is also going to protect the city from legal exposure, from financial risk, and for the loss of public trust, which that ultimately affects every program and service that we deliver. They also keep the public trust strong, and you will have noticed that in 2024, we have a state law update that came through with regard to clearer annual disclosure obligations and stronger transparency requirements. So we have those in effect as well. So I did a little research, and the good news for you is that there is high trust in state and local governments. Now, this is a national... poll done by Gallup in September of last year, and it shows that a solid majority of Americans expressed trust in their state and local governments. So right now we've got 59% of Americans trust their state government to handle state problems and 65% trust local governments to handle local problems. So you are the beneficiaries of the highest trust level by the public in government. So if you look at these graphs here, you can see that they went back to the 70s, and it shows that trust level in state government has gone down by 12 points since the 1970s. But if you look at the graph for local governments, you can see that since the 1970s, it's maintained some stability in the trust level there. So this is going to be different to what you will see in federal government. So according to two different ones, one by Gallup, one by the Pew Research Center, just back in last year, fall and winter of last year, there's very low trust in the U.S. federal government right now. So we've got Americans trust in various federal government. This is all institutions, so this is all branches. remains at five-decade lows. 17% of Americans say they trust government in Washington to do what is right just about always. Sorry, 2%, and then most of the time it's 15%. So as you can see, trust in the federal government is low. All right, so let's talk about ethics and define them. It comes from, the English word is rooted in the ancient Greek word ethos, and it means character and personal disposition. It's also a moral philosophy, and you can get into a lot of philosophical discussion on what is ethics. It's a discipline concerned with what is morally good and bad, morally right and wrong, and it's applied to any system or theory of moral values and principles. But for purposes of our training, we are talking about moral principles that govern a person's behavior. And it's a code that establishes the minimum level that is expected in terms of conduct practiced by a person or group of people. So we're going to talk about both the state ethics, the municipal ethics, ethics law for the officers and employees, and also the Draper ethics code as well. All right, so I just found a fun quote there by a civil rights activist, James Baldwin. I often describe ethics as a bridge. On one side is power, and on the other is trust. If that bridge breaks, people may see government as powerful but not fair. With ethics through transparency, accountability, integrity, we reconnect the two. You will see in the language of these statutes that public trust is a high concern and one of the sort of basic premises of why we have ethics laws. Okay, we just talked about this. This is the applicable laws that are going to govern you, the Municipal Officers and Employees Act in 10-3. We've got the Utah Public Officers and Employees Act. We won't go into that one as much, and then we've got the Draper City Municipal Code as well. All right. So just as a quick overview, our ethics laws aim to prevent conflicts of interest. They ensure the public trust by prohibiting officials from using their position for personal economic gain. And the core prohibited actions in these laws, you'll see it prevents self-dealing, accepting improper gifts, misusing confidential information, and participating in transactions where you have a private financial interest. So those are kind of the core issues that you're going to see covered in ethics laws. Let's talk about the purpose. Usually I take a look at the statute just to see how the legislature and how the statute itself has been drafted. So the purpose for the state law, this one here, is to establish standards of conduct for municipal officers and employees to require these persons to disclose actual or potential conflicts of interest between their public duties and their personal interests. So there's the purpose for the state law. Now, the Draper Code is quite a bit more extensive than the state law is. And perhaps that is partly why you see a higher level in local governments as opposed to state governments, because our code is more restrictive than the state law is. So we won't go into, like, word by word on the goals for Draper City, but you can see that they have... There's a lot more verbiage here. And so it talks about how there needs to be a proactive approach in strengthening the emphasis on ethics and in guiding city elected officials and employees in upholding them. And essentially, as you go down to the bottom of this here, of Part A of our code, it talks about how... We want your disclosures to be made publicly and regularly. So there's a goal for Draper. Now under B, we've got additional goals here. And I just kind of highlighted the main points of these if you look at the specific goals. The code wants a comprehensive approach to ethics. It wants to promote public confidence in you as officials. It wants to ensure your compliance with local, state, and federal laws. It wants to centralize the laws and regulations that apply to us. It wants to heighten your knowledge and understanding of the ethical principles and laws that are inherent in your obligations as officials. It wants to establish a system to train you and to provide for periodic review. to enact an ethics officer system that will provide guidance and education to all city departments, and then to avoid the appearance of impropriety. So there are some additional goals in our code. Lastly, because we have a lot of goals, it talks about through this comprehensive ethics code and the related goals, the city will strive to elevate the level of ethics in local government to provide honest and responsible service to the citizens of Draper and to maintain the confidence and trust of the public that the government serves. So you're going to see this theme over and over, and it is about public trust and confidence in you. All right. Okay. So with all of these goals in place, what could possibly go wrong? Because nothing bad ever happens here. Our citizens are amazingly well-behaved. They would never engage in anything problematic. None of us would. But here we go. Let's talk about... Some of you will know what that's from. Okay. Let's talk about conflicts of interest. So defined a conflict of interest is a situation where an individual organization has a competing personal financial or professional interest. These competing loyalties make it difficult to remain impartial and it creates risk that your professional judgment or duties will be compromised by your secondary interest. So there you go. With that kind of in mind, we'll have four main types that you'll run into. It can be financial, It can be relational, as in like you're giving family or social favoritism. It can be organizational. And it can be informational. So those are your types of conflict of interest. All right, so let's talk about, let's go with the information one. One of the ways in which you can have a conflict of interest or you can violate our ethics laws. So the disclosure or use of confidential information. Now, you'll see that the Utah law and the Draper Code are very similar here. So these ones are so close. It's basically an offense if you disclose or use information. Now, they use private, controlled, and protected. That is the categories that are classified in grandma, too. So that language is specific. When you're using that information to... Further substantially, your personal economic interest or to secure special privileges or exemptions for the officer or employee or for others. So there's where you've got the state code. Again, our Draper City Code, very similar with regard to disclosure of confidential information. That is a way in which you can violate our ethics code. It is also a violation to use or attempt to use your official position. So in Utah, under state law, it's worded to further substantially the officer's personal economic interest or secure special privileges for the officer or for others. And then Draper City just makes a point of saying we follow the state law on this one. So state law here controls, and you can see that's kind of how they define how to use the violation of attempting or using your official position. for your personal economic interest. Okay, as you look at our city code, it goes on to say, this is kind of one of the portions of it, that city officers and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold and impartially carry out federal, state, and city laws. They are bound to observe in their official acts the highest standards of performance and to discharge faithfully the duties of their office, regardless of personal considerations. Recognizing that the public interest must be their primary concern, their conduct in both their official and private affairs should be above reproach. Now, normally, this is quite a high standard. So I wanted to call this out as a difference between what you see in the state law in terms of how they talk about what's allowed and in the city code, because the city is definitely a higher standard than the state law. All right, so the state is going to allow certain things that Draper does not allow. So I wanted to go over these really quickly. They will allow certain things with written disclosure. Now, if you were in a different city that followed the state law, this would be more applicable to you. But you can do things like you can be compensated for when you represent a business or person in a transaction involving your city. You can be employed or own an interest in that business entity that's regulated by the city. You could be employed or own an interest in a business that does business with the city, and you could have a personal interest or investment that creates a conflict in your duties, as long as you disclose it. So if you disclose this by filing a written statement to the mayor that gets recorded with the recorder, those are things that people are, it is allowed under state law. However, Draper does not let you do this. So this is where we diverge you can see that our city prohibits this. So under acquisitions of interest or interest in a contract or transaction, I've kind of gone through and tried to underline this because it is, again, quite wordy, but no officer with respect to any contract, which is or may be subject to an official act of the city, shall acquire an interest in such transaction or contract at a time when you believe or have a reason to believe that it will directly or indirectly affect an act of the city. So you have to abstain, and unless you have, then from participating. No city officer has the power or duty to perform an official act or action related to that contractor transaction. Now you can't acquire an interest in the contractor transaction. You can't have an interest in any business representing or appearing on behalf of, whether paid or unpaid, any person involved in such contractor transaction. Then we're talking about solicited present or future employment with a person. You can't have done this in any entity involved in a contractor transaction by voting on that. You can't, like, to solicit, accept, or grant a present or future gift, favor, service, or thing of value. That's really broad. This is a little bit different than what the state law allows, and we can talk about this in a little bit more detail. And then there's a little caveat here. You can get a business license building permit or conditional use permit. But you can see under 19.2.020 that you are prohibited from having an interest in contracts or transactions. Okay, but what happens if you do? So, because sometimes this does happen. If you have an interest, then what you need to do as the Draper City Council member is disclose the nature and extent of that interest on the record during the meeting, leave the room during the discussion, and not participate or vote. So there is, if you do have some kind of interest, make sure that you take this action here. Okay. Okay. Now, speaking of disclosures, as you know, under that 2024 update to the state law, you have to do annual disclosures. And you have all done this. It's posted on our website right now. You have to do this between January 1st and 31st of every year you hold office. And then within 30 days of starting new employment or a significant change. in value or ownership of any covered business entity. So if that happens, make sure you update those disclosures with us. And then this gets submitted to the city recorder. It gets posted on our website. You can go in there and see it for all of you. All of it's posted. It remains public until you leave office. And these statements are going to be considered public records. So... If they get requested, we do disclose them. And if you fail to do this, it is a Class B misdemeanor. It's only a $100 fine, and it will get reported to the AG's office. So there you go on the penalties for failing to abide by the annual disclosures. So we've got the laws under there that all of the state law and our city code both deal with annual disclosures. Okay. Again, more additional draper restrictions. So it does talk about in our code that you can't engage in private employment or render services for a private interest when that employment or service is incompatible with proper discharge of official duties or would tend to impair your independence or judgment or action in the performance of those duties unless otherwise permitted by law. All right, then you also can't appear on behalf of a private person other than yourself, your spouse, or a minor child before any city body. can, as a member of the city council, appear before city bodies on behalf of a constituent in the course of official duties as a representative of the electorate or in the performance of public or civic obligations. Can you think of an instance where that would be okay? I was trying to come up with, like, where would this be, where could you do this? Yeah, Troy.

Yes.

Yes. As I was trying to think of, what? So you can, yeah, and it's before the city bodies. So that's why I was thinking, like, can you, just the way that this is set up, I was like, I'm not quite certain how, when this would ever happen. in the course of official duties as a representative of the electorate. Right. And I think when you're doing that as their constituent, like they're coming to you with a concern and they're saying, here's something that I'd like to see done. If you can see how, okay, I can see how this particular request could benefit everybody in the city, right? Like, you could see a public need for it, and you want to represent that to the city council of, hey, this is something that we should do. You know, I think this is where you would find some cover with that, right? Sort of expected. Yeah. Okay, and let's talk really quickly about gifts. So this does happen. You are not allowed to take gifts of substantial value under the state code or substantial economic benefit tantamount to a gift. And the state statute gives these two examples of things that are basically tantamount to a gift. So if you were to get a loan at a rate that's way lower than a regular rate, or if you were to get compensated For a private service at a rate substantially exceeding like the normal like fair market value that there were some examples that the state Gives in the statute That would be considered a gift I kind of went through and thought about other ways that you know other things you could get that would be tantamount to a gift things to just be concerned about and if you get major discounts on things if you get favorable terms on deals and If you get free or preferential use of different property facilities or equipment, debt forgiveness, investment or business opportunities on preferential terms, substantial entertainment, like if they're going to fly you out in their helicopter or something like that to take you to dinner and they have a pending item before the city council, stuff like that. So there's all these other ways I think that you could find economic benefits that would be tantamount to a gift that are prohibited by the code. Okay, so here's what you could ask yourself. If you're gifted anything, under looking at our code, I thought, okay, would the gift tend to influence a reasonable person in your position to depart from the impartial discharge of your public duties? Like, are they giving it to you? And would somebody who is a reasonable person in your position? think that this was meant for me to depart from my impartial duties, right? And then also, is the gift something a reasonable person in your position knows or should know under the circumstances that it's given to you for the purpose of rewarding you for official action taken? So let's say you do something like you allow a certain rezone to happen and then the developer comes in afterwards and they're like, oh, you're so great. I'm going to give you this huge present, right? There you go. That's something that they're rewarding you for and that would be considered a gift and a violation, right? All right, but there's exceptions. And this is something, and again, I think this is something that we all see. So exceptions to the gifts rule is an occasional non-pecuniary gift having a value of less than $50. So if they bring in like some cookies, like under 50 bucks, right? And I don't know that a reasonable person would look at like something like a box of cookies and say, I'm expected to like depart from my impartiality based on them giving me I don't know that that would influence most people. We do sometimes get, like, little treats, right? Like, they'll bring into City Hall, and if it's under $50 and it doesn't have a pecuniary, like, value, it's not money, it's going to fall into the exception. If you get an award that's publicly presented in recognition of public services, that's okay. Any bona fide loan made in the ordinary course of business and any political campaign contribution is not a gift, so that's a specific carve-out. Those are okay. All right. Yes, and that's okay. So, okay, but under Draper's Code, there are a couple of other things that we go beyond the state law. And so there's a couple things that I thought I would bring to your attention on ways in which you might be considered or asked to violate our ethics code. So if somebody comes to you and they want to be appointed as a city officer and they ask you either directly or indirectly, that is an automatic disqualification under our city code. No, it's like, I think they're coming to you personally and they're saying, I want you to appoint me as like the chief of police. Right. I'm like, they're soliciting you and saying, I want to do this. Like, I want to be appointed. Right. Yeah. Yes. Yes. So appointment to a city service. But we will you do see this happen sometimes where people will approach you where they're like kind of sniffing around to be like, hey, like there's a vacancy kind of interested, like, right, you might see that come your way. um another thing you can't now this seems pretty obvious to me this is even a constitutional violation if you appoint or remove if you favor or discriminate against any appointed office because of the person's race color age religion sex national origin or functional limitation if they're otherwise qualified that would violate our like equal um protection part of our city code okay But then the other thing to really pay attention to is that it specifically says you cannot give special treatment or advantage, and this is verbatim, to any citizen beyond that which is available to every other citizen. So that is one thing that you need to keep in mind when you are approached by somebody. Would you be willing to do this for any other citizen that's asking you the same thing, right? That's asking you that. So like you will see people. Here comes your voter. They need a favor. They're going to give you their sad, cute eyes. They're really, really going to lean on you to do something for them. And here's what you want to pay attention to. Because they're going to say certain things, and this is going to cue you to where this becomes a problem. If they start talking about a citation has been issued, a ticket has been issued, they've gotten a summons, they've been arrested, the prosecutor's involved, the police are involved. When you start to see some of these words, from a city standpoint, I want you to realize... Am I getting involved in a case that's already before a magistrate? Has this been filed in our court? If it has, you've got to be real careful. If the prosecutor's involved, at this point when there's a code enforcement issue going on, I sometimes myself have gotten approached by people where they say, listen, I don't like what your prosecutor's doing. I have a valid defense. It's ABC. I think you should just, like, rein this in and dismiss out the ticket. And I was like, that sounds like a fantastic defense. Tell it to the judge, right? She's the one who's going to make that decision. I'm not going to do that. I'm not going to yank this case away from the prosecutor. I'm going to let this magistrate handle it in the appropriate judicial process. So keep this in mind. But we also have under our criminal laws, under 77726 in the state law, so this specifically, because it's such a problem, when people especially get involved in traffic citations, so like if there's already been a ticket issued on something, it is unlawful and official misconduct for any peace officer, so that's a police officer, or other officer or public employee to dispose of a notice to appear or traffic citation and to do so without the consent of the magistrate before whom the arrested person was to appear. So keep that in mind that like you are starting to delve into official misconduct when that happens. So that's one thing that you just sort of want to keep as like this is the ceiling and this is where it can be taken too far. So this one is going to be a class B misdemeanor under those facts right there. Okay. Yes.

that he owns himself, and he has some equipment and trucks that he stores on that open lot, and it's his own, but code enforcement has come and has issued a notice of it, and he's called me saying, what can be done about that?

Yeah, exactly. You're, you're getting right. They're going around the official channel and they're going to you to try and do it, get them a favor. Right.

So that'd be one of those. What I'm doing is I'm going to forward it to Mike to discuss it and look into it. But is that a similar type situation? Like you're talking here?

Yeah. So like if, if somebody has come to you and they've like, they said, I have gotten cited, that means like code enforcement has gone in and done something. And, um, You don't want to get involved in that unless you as a council decide that you want to hear these things. If you go back to our code, no special treatment or advantage to any citizen beyond that which is available to every other citizen, I suppose you could decide as a council, hey, we want to start fielding this stuff from people. Like, we want to let them come to us. I don't know why you would do that. But, I mean, you'd be opening a whole Pandora's box. But I think that you need to, like, keep in mind, we generally tell people if it's gone through, like, that citation process, you can just tell them, hey, like, I can't be involved. Let's have you talk to the city manager instead.

Yes. Or even if a citation hasn't been issued, if there's any type of enforcement matter, I would not get involved. I, meaning you as a council member, should not get involved.

But we can send it to you. Absolutely. What if someone wants us to help them get a job? I know you went over this a minute ago. Can we send that to you too and say, hey, I don't have anything to do with hiring or firing. If you want more information, contact us.

Yeah. I mean, if it's a postage rate proposition, is that like you're saying they're coming to you and they're saying, hey, I saw that they're hiring you. I just send it to Mike Barker. So, I mean, and that's something that I think you could expect to feel when they say, hey, I want to hear about like this, you know, what's this position here? And I mean, I think you could even say like, oh, we really need help. Talk to, you know. Yeah. Right. Right.

Yeah. I had a similar situation like that, Tasha, this spring where someone was looking for an internship to do events. So I forwarded the information to Kelly and David. Yeah. Yeah.

Yeah. Yes. Yeah. Yeah. You do. And so you do have to use your discretion to some degree because, like, you're trying to figure out, are they approaching me in good faith? Is this just simply, like, an innocent question of, like, hey, I'm expressing interest. How do I go about, like, you know, going through this process versus, hey, I need a favor from you. Like, I specifically need you to do something for me, you know.

And remember, Tracy's here to field any ethical questions. So that's part of her duties in our code is to render opinions. So don't ever hesitate to ask her.

Yes. You can send it to me if it's an ethical dilemma. So I have been appointed as the city ethics officer. So that is part of my function. So, yes. We'll get into that, actually, a little bit more. So... Yes, you are going to be approached sometimes. Like, there are going to be things where, like, you're going to have to use your discretion in certain things. Where it's like, what is the purpose of the person coming to me and asking me for this thing or telling me this thing? Now, one of the things I can tell you from experience, and I suspect that every other city, like, director, department director could tell you this too. We will often get approached. either by a resident or could even be like somebody else, that's bringing a complaint, right, about something that's happened to them in the city. Like, somebody did this. Your police officer did this to me. Your, you know, whatever. They're making a complaint. And I have found I never get the whole story. Like, I have never gotten the whole story ever. So just realize that when you get approached, you're getting a very, like, customized and I want to say even curated version of what has happened. So just because it's going to put you in a difficult spot, I think you can always just punt it back to the city manager if you're just unclear about like what's going on. So you know, that sounds really concerning. I'm so sorry that that's happened. Let's have you talk to the city manager about this. So that's kind of how I would sort of generally guide you. Okay. So there's also things in our ethics code that it prohibits. These are in some respects kind of like you would think self-evident. You can't use city vehicles, equipment, materials, or property for personal convenience or profit unless it's available to the public generally or provided per policy for official business. So like, I don't know, you couldn't come in and like borrow like the microphone system and say, hey, I'm going to have this party and I want to use it for it. You know, like that would be something that you're not allowed to do. You also, as city council members, can't bid on property offered for sale by the city. So that's the other way in which you're sort of prevented. So keep that in mind if the city does one of those auctions. You, as city council members, cannot bid on it. Okay. Also, no private employment or services rendered if incompatible with proper discharge of official duties or would tend to impair your independence or judgment or action in the performance of those duties. That's another specific kind of call out in our code. It also says, and again this is a super high bar to hold you to, all city officials and employees should avoid even the appearance of conflict between their public duties and private interests. So keep that in mind. Avoid the appearance of conflict. And then in terms of political activity, here's some things that you cannot do. You can't use city equipment while you're engaged in campaigning or other political activity. You couldn't coerce, command, or advise an employee to contribute to your campaign. You can't make somebody's employment status dependent on their support of you or their lack of support for you or for a political party. So kind of along those lines, you can't do that. You can't solicit contributions, political contributions, on city property. And you cannot promise appointments as a reward if you win. So those are things that you specifically cannot do according to our city code.

My recollection is that last issue came up in our last election, who was running for office and inadvertently said, basically if you drop out of the race, and end up getting prosecuted for it. Yeah.

Okay. All right. Under the state law, if you are to induce an officer employee to violate any of the ethics laws, that is a class A misdemeanor. And I suspect it's a class A to take it out of the city's jurisdiction. That's going to go up to the county. And then let's talk about the penalties for violation. So you can be removed from office. Employees can be dismissed from their employment if you knowingly and intentionally violate. And it can be a felony, a second degree felony, if the total value of the compensation or conflict is over $1,000. That's actually not that hard to get over that amount any longer. And then it's going to be a third degree felony if it's greater than $250 but less than $1,000. So we're talking felony categories here. Um. That is real. The felony charges are real. So keep that in mind. Especially for these numbers, I think it is just not even worth it. There was a point in my career when I was with the AG's office where I had fielded enough. I want to say, you're going to receive bribery attempts when you're ever prosecuting sometimes. And I think the good ones are ones where you don't know for certain if that's what they're doing. The bad ones are the ones where they're specific about, hey, how do I make this go away? Do I need to take you to lunch? And I thought to myself... I was like, what is my price? And I'm like, I'd have to undo my whole life. I think take $20 million. Like, $20 million is my price. And then I am willing to violate, like, the law here to do you this favor. Because the price I'm going to have to pay for this is just, it's not worth it. So just decide internally what your price is and make it worth it. So there you go. It's a Class A if it's over $100, but it's less than $250. It's going to be super easy to get over $100. And it's a Class B if it's $100 or less. Okay. And then the other things that the city could do, like you could get a judgment, an enjoinder or relinquishment of any prohibited interest. Any contract or transaction where there's been a conflict is voidable at the city's option, right? So if we were to find out later that because of this, that one of you were conflicted and you didn't disclose it, we could go in and actually void out that contract. We could consider, like, you know, what's the impact of that? Is that in the city's best interest? Does it harm people beyond, like, you know, ways that we'd want to harm them? But it could be voided. And again, knowing an intentional could be a dismissal from employment or removal from office. And then an intentional false reporting of an ethics violation is also a class B misdemeanor. So if you decide to drum up a fake report of an ethics violation, you're looking at that possibility there too. Okay, so just a couple of things to cover really quickly. Some odds and ends, so to speak. So just to keep in mind, you as elected officials are prohibited from accepting employment with the city for two years following the termination of your term of office. So you could, at some point, two years after your term is over, come and work for the city. And I don't know that that would be such a bad idea because you know the city so well, right? But there has to be this two-year cooling-off period in place before you could do that.

Trace, I'm sorry, what about volunteering with one of the committees? Oh, volunteering is fine. Yeah, totally fine.

And then the hiring of relatives is generally prohibited. This is going to be nepotism unless the city manager determines that it serves the best interest of the city. It does not create a conflict of interest. It does not create the appearance of impropriety. So you've got a little bit of a caveat around that as well. Okay. Okay. Now, if you do have an actual ethics complaint, there is a process. So we have not, as a city by ordinance, established an ethics commission. So we don't have that. If that's something that you wanted to have in the future, then we would have to pass an ordinance. We could put together a municipal ethics commission. So it's like a panel of people, as opposed to just me. Because right now, under our code, the city attorney is the one who is in charge of accepting ethics complaints. Now, if for some reason you feel like I'm not up to the task or somehow I even myself am compromised, you can file with the State Political Subdivision's Ethics Review Commission. Right? So if you're like, I don't think it should go to her, then you can file it with them. And I have tried to contact them before. They are very hard to reach. I don't know if has anybody had any experience with them at all?

We sure have.

Okay.

Yes, we have.

Comment or no comment? No further comment?

No further comment.

All righty. Okay, so we've talked about ethics, corruption. That's just a whole other ballgame, okay? So this is going to be bribery, offering a bribe, receiving or soliciting bribes, threats to officials, official misconduct like inside trading, unauthorized action. something that you do that you're not allowed to do as a city council member, or failure to do something that you know will harm somebody, unofficial conduct. Now, all of those things are going to be crimes, right? Those first one, two, three, five things right there on the bullet points. Then you get into unofficial misconduct, and I looked up that in the statute. That's basically not taking the oath of office, failing to execute or file the bond, acting beyond your term, like if your term expires and you continue to do duties, or if you're removed and you continue to act as a city council member, if you withhold or you destroy documents. So those are things that would be considered unofficial misconduct. Yeah. Okay. Yeah. Mm-hmm.

Oh, that's right. He was abusing employees.

He was verbally harassing. And that seems to be...

But yeah, when we get into corruption, we're talking about actual criminal acts there. And so that's going to be prosecuted differently. And that just goes beyond ethics. So I wanted to bring that up. Anyway, just to kind of end, I was thinking about how, again, the public trust in you as, you know, public servants and as us as like city running a city and public employees i think we really are striving to maintain that public trust and you can see it in those poll results that it really is with local governments that people trust in the most um i think that that's something where we really want to preserve and protect that public trust in us And so I just brought up a couple of quotes that have to deal with the concept of trust and that credibility is fragile. So I think we all kind of are familiar with the concept that trust will take years to build and it's seconds to break and forever to repair. So we will be, right, if somebody, we can be paying for the mistakes of past council members as well for a long time. And so we want to make sure that we maintain that public trust. All right, that's all I have in terms of our ethics of training. We have completed it and we can check the box. We have done this. Do you have any other questions or concerns that you'd want to discuss?

I would just like to give a shout out to Linda because I think we've built a lot of trust within the city through our transparency and our communication. I think over the last eight or nine years since Green and I have been on the council, that has just improved like a thousand fold, especially with Linda's direction. And I think residents are getting answers really quickly and we're being really upfront with what we're doing. I think that's made tremendous difference.

Any other comments? OK, well, thank you very much. We do need to cover, and this is a whole other topic, land use, open space, and police, just liability concepts in general. But I just figured that's enough of a subject on top of ethics. I didn't want to put that into two. So we will cover that another day, but we will go over it.

So yeah, so consider yourself trained on ethics.

All right. Thank you. Thank you. That's all I got.

Thank you. Good work. All right, Rhett, now is your time.

I figure it's been about an hour and a half since we just opened a new park, so now it's time to get on to the next one. I know, an hour and a half break. Tonight I wanted to talk to you a little bit about a proposed park. We've been calling it Hidden Canyon Park. It doesn't necessarily have to be the name, but it is in the Hidden Canyon development. Many of you are aware or asked when we're going to do it or had residents asking about it. So I just wanted to have a discussion with you tonight. If you remember, this park was funded at the level of $500,000 in just this last current budget adoption. But there's a few things that I thought would be important to share with you. So to start with, I just wanted to kind of orient you just a little bit. This is all Suncrest for the most part. It doesn't show all of Suncrest, but in reality, you can see we have one area park for all of Suncrest that we built a couple of years ago. It's a great park, but it does create quite a few challenges for a lot of the residents. to get to. We do have a couple of pocket parks in Suncrest. They are very small, not real ability to use them for much other than just little passive recreation. So Hidden Canyon Park, as you probably know, is located right over close to Peakview Trailhead, right close to where the home slid down the canyon. And all of this new development, So to zoom into that area a little bit more, these are homes that have all been built within the last few years. This is Peak View right here. Yeah, that's our trailhead with all the bike trails and everything going off of it. So yeah, in Hidden Canyon, the state's area would be this proposed area. Also just to help orient you, this is Hog Hollow. road octoon baby bike trails couple other trails that all come up right here this is the tunnel that would go into the park site so just to recap a little bit uh it's kind of hard with all the the lines but this would be the site and originally planned for a quarter mile paved walking trail in this site. And also remember, all of the bottom part is marshy. It's wet. It's stormwater. It's got a lot of phragmites and foxtails. So not really usable, a lot of this site. But we wanted to use what we could. So we would certainly want to put a walking trail and a little small playground. And we said small. We did not plan for a very big playground. They're quite expensive. This was going to be just a neighborhood park. um a picnic shelter let's go through these a little bit of grass the terrain's really challenging but a little bit a quarter acre of grass not a ton and that's what we funded in this last budget year however as we got looking when the snow melted and brad and i got up in there and had a chance to really look around there's a lot more that I guess I'll throw a personal opinion at you, but I think this area would benefit from a little bit more than a standard neighborhood park, meaning you saw kind of the map at the first. There are a lot of homes that have been built in the area with a lot of younger families and kids and several hundred homes, and a lot of them are separated by Suncrest Drive or some other big roads, and it's hard to get to some of the other parks. So I think there's good reason why we may want to make this an upgraded neighborhood park. So I'd just like to show you some of the concepts that we would like to present to you. These are just accesses that we need to maintain a little bit better, but they don't give great play value or anything to the park, but they do have a little bit more extra cost. This is one I'd be really excited about. We made the path bigger so it goes through a lot of the scrub oak and a lot of the native vegetation up there. It'd be a really neat path utilizing some of the terrain, the trails. We would have to do two bridges, which are also a fun feature on a walking path to go over some of the drainages. But again, this would be paid for exercise and just neighbors to congregate and walk together. We've seen the popularity with our primitive loop trails. You saw the one at Jensen Farm today, so we would do a primitive loop trail. This would be very similar, this bike trail, to the one we just did at Jensen. We have a huge problem. Every park we have, almost, it gets beat up and torn with a lot of the e-bikes and tight bikes. So the more we can... plan for it and put them where we want them and not where we don't, then it's certainly helpful. So a bike flow trail we would plan in this park. Certainly a larger playground. I know they've certainly increased in price, but a larger playground is certainly worth this park's consideration and a swing set and a couple more picnic shelters. And instead of one little small area of grass, we would bump it to three which would be you could access it from both sides, both roads, both neighborhoods, and put in some other amenities like fencing and some picnic tables and benches. So when we look at all doing that, the part I know you love, but we've pretty much doubled our costs. So we're looking at about a million dollars, which is about average. You know, when you look at Jensen that we just did today, it's roughly a million dollars an acre developed And so this would be under that. This is certainly, you know, about an acre total of what would be developed. And then the last thing I wanted to present to you was going a little bit further. When we took this concept, which we always like to do to our Parks, Trails, and Recreation Committee, they really loved it and Wanted to recommend to you as a council to do all of the amenities that I just showed you but also to Add a restroom in a drink about and a couple reasons for that number one It is like I I would say I'd call it an upgraded neighborhood park Typically none of our pocket parks or neighborhood parks have a restroom but this this one is in a little different situation with the residents that it would serve. It's also right at the top of Hog Hollow and some major flow bike trails. People come through here all the time. And even right now, you'll notice there's kind of a primitive path that they'll ride before going to Peak View and hitting some of the other trails. So I think this would be a restaurant that would be very worthwhile, not only for the park, but for some of the bikers that come through here. It'd be a single stall. That would include all the site work, the utilities, everything. So the restroom and then also add a bunch of trees and shrubs and stuff to really beautify the area. And that's about an extra $200,000. So right now it's funded at $500,000. The ask would be if you wanted to do the entire park at this level, it would be an additional $700,000 that would need to be budgeted. for a total CIP budget of 1.2 million for this park. Again, the reason would be it's not quite an area park. To do an area park in our park system, it would need to have a large parking lot and a large soccer field, football field, similar to what you saw this afternoon. So we wouldn't suggest that, but it does give a little carve-out for... for being a more than just a neighborhood park. This area needs it with its limitation by some heavy roads like Suncrest Drive, Traverse Ridge Road, getting to Suncrest Park can be challenging and still pretty far away. So with all the new homes, plus all the new homes from Mercer Mountain that are going to be going in here soon, it certainly gives opportunity for a little bit bigger park. So I wanted to share that with you. If you so chose, here are some of the next steps that we could do. We need to determine which funding level. We can leave it as it is now and build it at a $500,000 project. That's completely fine. But if you chose to go with some of the options that I've just shown you, we just need to decide that. So again, just to remind you, those are what we would be looking at. And really the difference between middle and the top option is the restroom. The restroom and the included extra trees.

Can I kind of interject on that? Sure. I'm restating a lot what you said with the Parks and Trail Committee. That restroom really seemed like it would be, I don't want to say vital, but if you look where that park's going to be, it's going to be so far. When people come there and they're bringing their children to that playground and everything, it's... To me, that restroom is as important as having a drinking fountain or something. I agree.

I think it would be very wise for us to add one there.

I echo that. One of the reasons why I don't use the trails as much as I use, like, lower drapers, because I always have to go to the bathroom. And so I think this would be great. I do have a question, though, if that's okay to ask right now. I like the idea that it is kind of a neighborhood park that people can walk to. But I also know that, you know, like, even when my kids were little, we liked to go visit different parks around the city. So could we add just a few spots of parking or carve out a little bit where they can pull over on the side of the road in case somebody was not in walking distance?

It does have on the road. It would have quite a few on-road parking spots for it on the east side. We could look at doing maybe some angled parking for sure.

Maybe go back to the map and kind of just show on arrow if you would where that parking would be. Because I had this similar.

Even if it was just, like, carved out a little bit so it was technically off of the road?

We could certainly look at it. Right now, this sidewalk is not finished, but I understand the city has plans to finish that. But we could look at parking there. But if the sidewalk is finished, we still have quite a bit of curb parking on the shoulder that wouldn't impact the road.

Aren't plans?

Sure. This one?

Yeah. So I guess the big question for me is, do we have money for this? Is there money in the park impact fees?

In May, end of May, we had $2.7 million in our park impact fee. We did allocate some money. I would need to double-check what our balance is right now. I could get with finance. I don't want to give you a wrong number, but I do feel we would have sufficient to cover this project. But we'd want to get with finance to confirm.

And then we all know that it's not just building the park, but it's also the maintenance of the park with staff up there mowing and weeding. Do you have sufficient staff to maintain another giant park?

That was a discussion I actually had with Mr. Barker earlier, but... I did commit at that point that this is one that, yes, we would be able to commit to doing with our current staffing level, meaning that we wouldn't build it and then come back and say, well, now we need more staff. We could accommodate this with our current staffing. And we can't keep doing that park after park after park with none.

Because I know we do get complaints that some parks aren't getting weeded. We don't want to overextend you with more parks.

I appreciate that concern, and it is valid, but this park, I wouldn't say it's not, you know, there's no maintenance because there certainly is, but it wouldn't be as high as some of our other parks that we have.

I think the maintenance is my concern on the same thing. If you put in a large, so just looking at when we're doing our tax increase, we're talking about the cost of... maintaining and updating our playground structures, and that's getting more expensive. So putting in a bigger playground structure, does that sort of create a long-term, larger cost?

Well, yes. Playgrounds have to be replaced at 15 to 18 years. So down the road, we would have another playground that would need to be replaced. So certainly that cost... would come into play 15 to 18 years from when we install it. But every month we do playground inspections that we're required to do from Irma, our insurance, that we have a full-time staff member that does all of our inspections and different park inspections. And this would certainly be, the playground need to be inspected as would the chain link and the soft fall and all that stuff. So there is maintenance components to it for sure.

This would obviously be an amazing park. I do have a little bit of concern that just very recently we put in another really gorgeous and very expensive park in the Suncrest area. Are there any other parts of the city that are maybe not getting as much attention that have been waiting a long time for a park? Do we have any data on that?

Yeah, if you call our 2023, the most recent Parks, Trails, and Rec master plan, The two biggest holes we have in the city, this is one of the two. And the other one is right up here in Old Draper, which I think we've pretty much lost our opportunity there. And another one would be over by Kimball's Junction area. Those were our biggest holes to fill, or where they've been waiting the longest for a park. So this is certainly one of the three. We do have a different separate CIP to kind of expand Honey Bee Park and also expand the trail in that area that would help some of that area over by Kimball's. But that is one of the areas as well as this one and Old Draper.

Red, is this... How does this fit in with the Phoebe Brown expansion? Is it a different funding source, or are they competing for the same pot of money?

Well, it would all be, if we're looking at strictly park impact fees, then, yeah, it would be the same pot of money. But if we chose to use general fund or anything else. I guess I did want to show you one option here. These were some options that I just put in. And in reality, it all always needs to be funded to completion in its entirety. But if you see that option B, we would have opportunity to apply for some grants that I would feel pretty good we would have a good shot at, especially with the trail component. But some of the Utah outdoor recreation grants, I think, would have some good money and some good opportunity there. I would feel pretty confident that we would get some TRCC grant money. But just a few weeks ago, it dawned on me that this park is actually in Utah County Draper. So that probably wouldn't be an option. However, I am familiar with a lot of the Utah County cities, Lehigh and American Fork and Pleasant Grove, that have been getting money from Utah County, which we I've never utilized because we haven't really had a project there, but I'd certainly love to at least try our hand and see how that went. This might even be our last chance to do that on the Utah County side. So certainly would be open to applying for some of those funding sources and helping whittle down the city cost.

Is option A, should that be bid out winter 2026?

No, it would be winter, like January 20, 27. Oh, I see.

Okay, thank you.

Yeah. Tasha, the Parks and Trails Committee, too, kind of talked about, like, that need for where a park should go and stuff because it kind of asked a similar question you did. And I think most of the people on the committee really did feel that this is an area that really could benefit having a nicer park there. Because they don't really have anything much right where they're located.

No, and it is a really growing area with lots of young families with small kids. I know it would be greatly appreciated. I think it would be phenomenal if we could get half of it paid for with a grant. We've certainly been able to do that in the past. I would feel a whole lot better about it if we could get some grant funding in.

It's also possible, I wonder, like with the trails, like the dirt trail, I wonder if the foundation would maybe help with that portion too, possibly.

Yeah. I think, you know, if you were to fund it, and we could even do it like we did Jensen Phase 2, that we funded it in its entirety, but with the caveat that that we don't spend it until we know the outcome of the grants that we applied for, which did pay for half of it.

So we have $500 already set aside. Right. So we would need additional $700, right? Correct.

So I would be really open to doing the phases dependent on the funding coming through. I don't really want to fund something that we aren't sure we have the money to pay for.

For most of the grants, they work on a reimbursement. So we would have to fund it, but with the understanding that we're not going to expend the money and we're not going to build it unless we get the grants we're looking for, if you're comfortable with that.

I think I might be...

Because we always have to pay for it. And then we submit to the funding grant agency for reimbursement.

I love the idea of Utah County kicking in a little bit. I would actually love to try it. Long overdue.

Yeah, I agree. And I wonder if we could put on the agenda for the next parks and trails meeting to talk about the dirt trail as well.

I know the loop trail we would plan to do in-house. That's one that our crews could do. No, the paved one would need to contract, but the one a little lower than that, we would do that. And we'd probably get one of our regular flow trail contractors to help with the upper one. But maybe the foundation's interested in helping with that one. Okay. So I do feel that there are some outside funding sources we could apply to. if you like the idea of this concept and going forward with it. And then it'd just be a question if you were interested, we could either fund it next month when you do your final budget, or we'd have to bring it back at a different time in a budget amendment. And either would be fine.

I think it looks beautiful and like there is a need up there and I agree that getting grant funding to make it work would be awesome.

I know I've got several emails. I know several of you have got emails and then asked when we intend to do it. So it's something that residents would love and it is a need in that area of our city for sure.

I'm just fresh off Jensen Farms. That is such a beautiful park. And what that's done for that whole neighborhood and stuff is amazing. Yeah, they've all been really supportive and really excited.

I think the west side was really waiting for us to put some more amenities up. Very well received. I just want to bear in mind that with the tax increase and saying better maintain parks and trails, I really want to make sure we're putting that as a priority before we're adding on. We have to maintain what we currently have.

Certainly. Definitely agree with that.

I mean, I think we should just fund it and go with the additional amenities and restrooms. We have the money now and the park impact fees. I think we just go. And then if we can get some, if we can get the grants, then great. But I think we should just execute on it at this point.

Is that a motion, sir?

Not a motion, but a direction?

Is there a direction? That sounds as one. I think let's, I'm sorry, go ahead.

To your point, don't we also need to look at the expenses for Phoebe Brown? Yes. Okay, so I just want to make sure there's actually enough funding there.

I think the next step would be to look at those funding sources, come back and say here are the possibilities, and then give additional direction. Let's do that.

I can put together a list of possible funding sources and grants.

Do you at least want to do that?

Can I ask one more question, though? Sure. Is it possible to do, you know, kind of as you did with Jensen Farm, to do phases so we could do something that was, you know, maybe closer to the $500,000 level and then add to it as needed, or...?

Yeah, that's always possible. It gets a little trickier. Like, we've already kind of started with our contractor... since the first part has been funded. It just depends on what we're going to ask him to help design, whether it's the whole thing or just a small portion of it. So it can be a little tricky. If we wanted to do the whole thing, I'd rather have the beginning with them so that it flows better. But if that's your direction, we could break it up.

I just think we have to be really careful with money because we're doing a tax increase and we're saying we don't have enough money to pay for public safety, but then we're spending a bunch of money on a park, which parks are great. I love this park. I love this idea, but let's make sure we actually have the money for it.

All right, so three of you want to have them look at some funding sources and come back?

Yeah.

Okay, thanks, Rhett. All right, we've got a few minutes before 7 o'clock. If you want to take a break and come back at 7.

Is this working?

All right. All right, ladies and gentlemen, I'd like to welcome you to our city council meeting this evening. Get it started. Our first item is the pledge, or our second item is the Pledge of Allegiance, and we're going to have that by Mr. Jake Sorensen, our IT director. Go ahead, sir. Thank you, Jake. The next item on our agenda is an opportunity for people to make a general public comment. If you're here for an item that is on our agenda for public hearing, there's a few. We ask that you wait until that public hearing if that's what you want to talk about so we can keep everything coherent. But if you have a general public comment, is there any here that would like to make a general public comment? All right, seeing no general public comments, we'll move on to item number four, which are items for a consent vote by the council. Item 4A would be to approve the July 7th, 2026 city council meeting minutes. Item 4B would be to approve resolution 2636, a resolution reappointing Jamie Pogue as a member of the Draper Parks, Trails, and Recreations Committee. Is there a motion?

Mr. Mayor, I'd like to make a motion to approve the consent calendar.

All right, motion by Tasha to approve the consent calendar is second.

I'll second.

Second by Brynn. Is there any further discussion? We're hearing no Tasha. How do you vote?

Yes.

Brynn?

Yes.

Catherine?

Yes.

Mike? Yes. Fred? Yes. Item's passed unanimously, five to zero. Item five is next. These are items for council consideration. Item 5A is a public hearing for the providing of local consent for a limited service restaurant license for Bear Tracks Holdings LLC DBA Black Bear Diner. And we'll have our report by Travis DeYoung. Go ahead, Travis.

All right. It's a limited service restaurant license for Bear Tracks Holdings LLC. Here's the overview. They're at State Street 12057 South. They want a limited service restaurant license, which allows restaurants to store, sell, and serve wine, beer, and heavy beer alongside a food purchase. Here are the requirements they have to meet as far as the distance. They have to be 300 feet away from the nearest community location measured by shortest pedestrian route or they can't be within 200 feet measured by a straight line from the entrance to a community location. Here is the 300-foot distance requirement. They're more than 2,000 feet away from the nearest community location, which is this church center up there in school. And the straight line requirements, they're nowhere near a community location. So they meet that requirement as well. The action is to provide local consent or deny. And our code says there's no limitation that the city can place on the number of limited service restaurant license we have in the city.

Any questions for Travis, council members?

I have a couple of questions. So I notice that this is a restaurant that serves breakfast. Is there a time when the alcohol can be started to be served or can it start when they open early in the morning?

I'm not familiar with time restrictions. There might be. We'd have to check the code.

Okay, and then my other question would be, are there other restaurants that are open in the morning who have these licenses in Draper?

The one that comes to my mind is the Hash Kitchen has at least a full service or a limited service restaurant license.

Okay.

They've approved. There's quite a lot.

I'll add that any time restrictions are in city code. They're going to be in state code.

Council Member Johnson? Yes. If Google AI is correct, I'm giving that caveat. It says that restaurants can serve from 10.30 a.m., 11.30 on the weekend, and 11.30 on weekdays until midnight, provided drinks are ordered with food, which is the type of license that they're requesting.

Okay, thank you.

So I think they do, but they're open for lunch and dinner. So it's not just, I don't think it's just morning service.

Any other questions for Travis? Thank you, Travis. This is a public hearing item, item 5A. It's providing a local consent for a limited service restaurant license for Bear Tracks LLC, DBA Black Bear Diner. Is there anyone that would like to address the council in public hearing on this item? Come on up. Give us your name and address, if you would, please.

Hi there. My name is Fred Razzo. I'm with Black Bear Diner. I'm a regional director of operations. My address is 1905 West Bridgecrest Circle in Salt Lake City. That's my personal.

You're the applicant. Okay, go ahead.

Go ahead. Okay, so I wanted to speak to you. I would be following the state rules and state laws, 1030 and 1130. in the morning and really the whole point of the alcohol license is for someone in dinner to be able to get a beer or lunch and on the weekends mimosas. So that's basically it.

That's all I wanted to say. Do you have any questions for the applicant since he's up here? All right. Thank you. So anybody else would like to make a public comment? All right, seeing none, close public hearing. Is there a motion?

Can I ask one quick question? It's probably for the applicant. I'm curious if other black bear diners have this limited service, and is that in Utah, if there are other ones that are serving alcohol already? Okay.

So there's 168 diners in the nation. All of them except for Utah have beer and mimosas. They also do wine. And the Layton is the first one in Utah. Well, I take that back. St. George serves the mimosas and the beer. Layton also does. And we're working towards all of them doing that.

Thank you.

Mm-hmm.

Mr. Mayor, I'd like to make a motion.

Go ahead.

I'd like to approve local consent for limited service restaurant license for Bear Tracks Holdings.

I have a motion by Tasha to approve the limited restaurant license. Is there a second? I'll second. Second by Fred. Any further discussion? Hearing none, Tasha, how do you vote?

Yes.

Fred? Yes. Brynn?

Yes.

Mike? Yes. Catherine?

Yes.

Items approved unanimously, five to zero. Right. It takes us to item number six. This is also a public hearing. It's order number 1731. It's an ordinance amending the official zoning map of Draper City for approximately 1.08 acres located approximately 265 east, 132 75 south, otherwise known as the Adamo zoning map amendment request of a staff report by Nick Whitaker. Nick, go ahead, sir.

Thank you. So yes, this is the Adamo zoning map amendment. Here's a vicinity map. The property here is in blue in the middle. And here is an aerial map of the property. A land use map. The current land use designation is residential medium density. And here is the zoning map. It's currently zoned as RA1. And as you can see, the surrounding neighborhoods have slowly turned to RA2. Here's the applicant's proposal. The current zone, of course, as I mentioned, is RA1. The requested zone is RA2. So an overview and definition. So RA1 requires a 40,000 square foot minimum lot size. RA2 is half of that. It's a 20,000 square foot minimum lot size. The definition is actually, both definitions are exactly the same in our code. In terms of land use compatibility, the current zoning actually is not compatible with the land use. The proposed zone, RE2, is compatible. And because of that, a land use amendment is not required. Planning Commission voted for a positive recommendation on June 25th. Here is a photo of the property. Any questions or comments?

Any questions for Nick? Thank you, Nick. We might have you back. This is a A public hearing, it's Ordinance 1731. Is the applicant here? I'd like to come up and give us your name and address and go ahead and make whatever presentation you want to make.

My name is Mike Adamo. I live at the subject address 265 East, 13275 South in Draper. Essentially, most of the adjoining parcels have turned from RA1 to RA2. We're like one of the only like three left. As Nick said, the land use actually isn't compatible with how it is right now. So I just ask if you guys have any questions.

Anybody have any questions for the applicants? It doesn't appear so. Thank you. Thank you. You can have the last word after the public hearing if you want. All right, this is a public hearing. It's Ordinance 1731. Is there anyone that would like to address the council on this item, 5B? All right, seeing no public comment, we'll close the public hearing. We'll get back to the council.

Mr. Mayor? Yes, sir. Will we adopt Ordinance 1731 and amend the official zoning map of Draper City?

By most of my Mr. Green, to adopt Ordinance 1731 is our second.

I'll second.

Second by Ms. Lowry to do it. Is there any further discussion? All right, hearing none, Mr. Green, how do you vote?

Yes.

Ms. Lowry? Yes. Stalin?

Yes.

Ms. Johnson?

Yes.

Mr. Lowry? Yes. Items approved unanimously 5-0. Item 5C is a public hearing. It was Ordinance 1732 and 1733. The applicant is asked to continue that. I'd ask for a motion to continue it out. We have to have it within 45 days, but a motion to continue would be in order. So moved. Mr. Green is moved to continue. Is there a second?

I'll second.

Second by Mr. Green, or first motion by Mr. Green, second by Ms. Johnson. And any further discussion? Mr. Green, how do you vote? Yes. Ms. Johnson?

Yes.

Mr. Lowry?

Yes.

Ms. Lowry? Yes. Ms. Dolan?

Yes.

Items approved unanimously to be continued 5-0. That takes us to item number 5D, and this is an ordinance of Draper City amending the text of Title VI and IX of the City Municipal Code related to short-term rentals, and we'll have our staff report on this by Mr. Todd Draper. Go ahead, sir.

Thank you. And I am filling in for Todd Taylor, who did all the work on this but is not able to be with us today. So as you stated, this is the short-term rental text amendment. Just a little bit of background here. There were work sessions that were held with the council on those four dates starting last year and into this year. Some of the goals that came from that were we wanted to prove public safety, protect the neighborhood character, provide some clear operating rules, ensure that we got our tax collection, and that we could enable some tracking and enforcement of of these short-term rentals. So with that, we have a couple of requirements that are put together in this ordinance. One is that they would need to obtain a business license and also a short-term rental permit. So two things that they would have to renew annually. So the process that's laid out in this ordinance, the application would have owner or owner's agent, known as a host, They would have to provide us with a floor plan, the site plan, and what their proposed maximum occupancy would be. We have some other details in the ordinance about how to kind of help determine what that occupancy should be based kind of on the bedroom count and the size of the bedrooms. These would be administratively approved by the zoning administrator. Like I mentioned, they'd be renewed annually. And they could be revoked for any of those things there, false information on application, not operating as described, if they're out of compliance with the conditions that were set, if they refuse inspection, if they are delinquent on their taxes, or if they get two citations or charges within a 12-month time period, or if they're just found to be a nuisance by the court. Something that has been added to this since the Planning Commission meeting is a violation section with a fine of $1,000 for operating without a permit. These would be allowed in all residential districts. They could be all or a portion of a unit. They could be in a detached ADU with a valid permit. They would not be allowed on a property that already has an internal accessory dwelling unit. So no kind of double dipping two units plus the main unit. These wouldn't be allowed in tents, trailers, campers, RVs. For the same similar reason as the IAUD, we're not going to allow these in the unit with the long-term rental. So it's not kind of switching back and forth and not for commercial purposes. A couple of occupancy rules, short-term rental, one per residential unit, one renter at a time, so you're not going to be dividing these up into every single bedroom with a different renter. The renter needs to be 21 years old. Per your suggestions, we've added that in that they stay a minimum of three consecutive nights, and they need to be less than the 30 consecutive days, so 29 consecutive days or less. The maximum occupancy is, again, set on that bedrooms and parking that's available. And then there are a couple of exemptions because it's kind of already built into those for RV parks, manufactured mobile home parks, bed and breakfast inns, hotels, motels and motor lodges, which are already regulated and have that transient tax. The minimum standards here, of course, two persons per bedroom. 70 square feet per bedroom. That's kind of a building code issue or size. And then for every additional 50 square feet, they could have an additional person. And then you'll see the chart there for the parking. Two spaces is kind of the starting point. And then an additional half space for every bedroom or sleeping area in excess of the two. And those always do round up, as you see. So when we hit the 4.5, we're hitting five and so forth. A couple of other aspects here. We wanted to have the ability of the host to urgently respond if needed. So the host needs to have either them or a person designated that can be available by telephone 24-7 and be at the property within 30 minutes. These are the things that were kind of added in after the Planning Commission discussion. The ability to evict guests upon notice, failing to comply with the applicable law or on two or more occasions. And notice would be sent to the immediately surrounding property owners, including those directly across from a street or right away, the Draper Fire and the Draper Police. They would still have to comply with regular ordinance as far as noise, health department regulations, things like that. And then they need to post inside their short-term rental, the rental dwelling permit, the business license, the number for the urgent response hotline, the applicable rules, and a set of good neighbor guidelines that we've also put together that are the following resolution on your agenda. And this is just what those neighborhood guidelines are. And then one additional thing that was added was to post on the outside of the short term, near the front door, name and phone number for that urgent response line. But with the smaller sign, maximum eight and a half by 11, or eight by 11 maximum size, no advertising on that, just the contact information. As far as health and safety goes, these would still have requirements and would be checked, of course, at inspection, fire extinguishers, smoke alarms, carbon monoxide. And then if they have fire sprinklers, they would comply with their annual inspection requirements. The electrical panel would need to be labeled and clear and accessible, and then they would need to have their address and the house numbers visible. As far as maintenance, just adhering to the typical city standards for maintenance that would be required for any residential property. And then in the listing online, that they include both their number or their permit of their short-term rental permit and their business license. And then inspections would be allowed as needed to ensure compliance. So that could be periodic or just as needed or as upon complaint. And that is most of the presentation. Planning Commission did hear this at their May 28th meeting, and they'd recommend, give a positive recommendation to the council on a 5-0 vote. And if you have any other questions for me, sorry.

I have a couple questions, if that's okay. Can you just clarify about where a short-term rental is permitted inside of a dwelling unit? Is it an internal ADU or just a room or a section of the home?

So generally it would be a section. It would not be an internal ADU. If it met the criteria for an internal ADU, then it would be an internal ADU.

And those are not permitted to be short-term rentals?

No. Yeah, if it meets those criteria, then the state already set that that needs to be a long-term rental rented longer than 30 days.

Okay. And then I noticed that they can be issued citations for violation. Are there any fees or fines associated with those?

Jennifer might know better.

It would just follow our general code enforcement fee and process. So there is the $1,000 fee if they're caught operating without the permit and license. But if there's violations, then it just goes through our normal code enforcement process.

Okay, thank you. And sorry, my last thing is I noticed that it said eight by 11. Yeah. She papers eight and a half by 11.

I know. We should probably look at that. I thought it was eight and a half by 11 myself, so.

Yeah. I'm just a big scrapper girl, so I know, you know.

Any other questions for Todd? Right. This is a public hearing, so we'll take public comment. I have one card from Aaron Kirkham. Mr. Kirkham, if you'd like to come up, give us your name and address, please. If you haven't done public comment here in our city. Our rules are fairly simple. There's a clock to my right, your left. It's set at three minutes. We give everyone an equal amount of time, but we don't give anybody extra. So if you get to three minutes and it beeps, your turn will be up. Just make your comments. You can ask rhetorical questions. We're not going to engage you in a conversation. So go ahead, sir.

Thank you very much. Aaron Kirkham. I live at 1212 East 8280 Sandy, Utah. I'm a manager for Conmigo Vacation Rentals here representing a home at 1267 Hickenlooper. Really, my comments are generated towards the three-day minimum. Really, it's my recommendation for the council to put consideration on this. Salt Lake City just passed a similar thing of two days, and it has already been put on hiatus that they're not accepting permits because there's been such a pushback, and they have a two-day minimum. Three-day, I anticipate the data suggests that it's to diminish parties and removing some of those dynamics. When you already have a violation process in place, that if there is a party, they'd get an associated violation and thus remove it. I'd also remind the court that in McCall, Idaho, and La Lava Hot Springs, Idaho, there was both similar regulations put in place, to which both went to the state level, lost at the Supreme Court. and that same consideration of people are being active within the short-term rental community to ask for our associated rights for property usage. I can't think of another business where you can only accept people for an extended period or a minimum if the same thing was applied for other hospitality-based things, a bed and breakfast or a hotel. They equally would have challenges doing three-day blocks when it falls amongst the same dynamic. Those are my comments. Thanks so much for your time.

Thank you, sir. Is there anyone else who would like to make a public comment on Ordinance 1721 to the council? All right. Seeing no further public comment, I'll close the public hearing. Council members.

Mr. Mayor, I move that we adopt Ordinance 1721.

Just a moment. So as we were reviewing this, we need a quick correction to this. Just under a review of state statute under 103704, the form of an ordinance, it needs to have under subsection 6 and 7 a statement indicating the penalty for violation of the ordinance and a reference to that, as well as a penalty for violation of the ordinance to include the, like, if it includes the possibility of imprisonment. So we need to do some technical corrections to this just to make sure if you could include that with what?

Do you want to continue this or do you want me to adopt it with the corrections pursuant with state law?

Yeah.

Okay. Your motion to continue it. Mr. Mayor, I just move to continue it and then we'll get the right resolution in front of us to get notice to the public. Your motion is to continue it for technical edits by the staff?

Yes, Mr. Mayor. Is there a second? Second. I'll second. All right. We have a motion and a second to continue this item for some technical edits.

And that will just be an action item for council action? Yes. Public hearings done.

That should include also the correcting of the size for the posting to be 8 1⁄2 by 11 instead of 8.

Any further discussion on that?

Can I ask, I had a couple people reach out and talk about their concerns with parking enforcement in general. And as we're doing this, if we're looking at trying to make this, make short-term rentals more affordable, Effective for the neighborhood and things like that then then I I think I Appreciate the parking and occupancy standards that we're putting in place. I think that's a really important part about this But there are also other parking issues that we have in some of the areas where we have problems with the short-term rentals in my neighborhood and and a couple near me and and if we can um i think we need to be fair with parking we should be um if we're going to to emphasize uh enforce them at the short-term rentals i think we should also be enforcing them um in the neighborhoods where there are already existing standards

Okay. Anybody else? All right. Mr. Green, how do you vote? Yes. Mr. Lowry? Yes. Ms. Johnson?

Yes.

Ms. Lowry? Yes. Ms. Dolan?

Yes.

All right. Items have passed and continued for technical edits at 5 to 0. That takes us to item 5E. This is an action item. It's resolution number 2633. It's a resolution of the City Council adopting the Draper City short-term rental good neighbor guidelines.

We can go through these and then since they're related to the last one, you may want to either continue them or if you want to adopt them now and then Wait for the corrections on the rest of it. So really, these are just the good neighbor guidelines that we would ask to be posted in a short-term rental. They deal with how to contact the police for emergencies and for the host, explaining where the fire safety is, the fire extinguisher, smoke detectors, carbon monoxide, asking them not to tamper with them. Again, reminding them there's no commercial events that are permitted. And then the noise ordinance, quiet hours, 10 p.m., 7 a.m. And then just reminding them to park where they've been asked to park or where they should be asked to park by the host so they're not blocking the driveways and mailbox sidewalks and neighboring properties. and then reminding of the occupancy limits, maintenance, and picking up after themselves, and then explaining just kind of some of those regulations for pets if they do bring them. So that is what those consist of, and we're just looking for adoption of the resolution to coincide with the ordinance.

Same motion, Mr. Green.

Yes, Mr. Mayle, let's combine this.

Can you back it up? Can I look at it one more time? Yep, sorry.

There's nothing in this that needs to be changed based upon the tech edit?

Nope.

Your motion to approve? I'll move to approve it, Mr. Mayor.

All right, motion by Mr. Green to approve. Is there a second?

I'll second.

All right, second by Ms. Dolan. Is there any further discussion?

I think these are great good neighbor guidelines. I think a lot of people in a lot of neighborhoods could benefit from these, and in their homes, too.

All right, anybody else? Mike, how do you vote? Yes. Catherine?

Yes. Tasha?

Yes.

Brynn?

Yes.

Fred? Yes. That was approved unanimously, five to zero. It takes us to item 5F. It's also an action item. It's resolution 2636, a resolution amending the consolidated fee schedule of Draper City. We'll have a staff report by John Veidt. Go ahead, sir.

This is just a change to the consolidated fee schedule to include the short-term rentals. I don't know if you want to postpone this until we adopt next week. Go ahead. You can adopt the fee without having to.

mechanism to charge it yet?

So it's adopting those fees. It also adopts the adjusted fees for the solid waste pickup that we discussed previously. So $19 for base cans and then $10.50 for additional garbage and recycling cans. So those are the changes to the consolidated fee schedule. Coincide with the solid waste contract?

Correct.

Okay. All right. Is there questions or discussion or a motion?

Mr. Mayor, I make a motion that we approve item 5F, resolution 26-37. All right.

A motion by Brins or a second? I'll second. Second by Tasha. Any further discussion? Hearing none, Brynn, any vote?

Yes.

Tasha? Yes. Catherine?

Yes.

Mike? Yes. Fred? Yes. The item is approved unanimously 5-0. Item 5G is next. This is an action item, Ordinance 1734. It's an ordinance amending Title III of Draper City Municipal Code governing the structure and procedures of the planning commission as required by state law. Spencer? Go ahead, sir.

I'm going to feel like I should be on an episode of Curb Your Enthusiasm here because I'm going to ask that we continue this. And we noticed this and the ordinance was ready and then we had some internal discussions, decided that we wanted to look at a few things. So I would ask that the council make a motion to continue this item.

Is there a motion?

So moved.

Motion by Mr. Green to continue. Is there a second? Second.

I'll second.

Seconded by Ms. Johnson. Is there a further discussion? Hearing none, Mr. Green, how do you vote? Yes. Ms. Johnson?

Yes.

Mr. Lowry? Yes. Ms. Lowry? Yes. Ms. Dolan?

Yes.

Items approved unanimously and continued 5-0. That takes us to item number 6.

Motion to adjourn.

Is there any... Did you have something to bring up?

Yeah, we didn't have any council manager minutes at all.

We don't have a second yet, so... All right, is there any council manager items?

A huge shout-out to David Wilkes and Kelly and Rhett and all of our city staff. I'm just so amazed at everyone's hard work and effort to Draper Days. So thank you to all of them. And to our police and fire, I mean, their presence for the last several weeks has been great. So thank you.

I would just echo that, and I've asked people how they're feeling, if they're recovered, and they all say no. So I think they've really worked really hard last week, and I definitely appreciated it.

I thought it was one of the best Draper days the whole way through. The rodeo was fantastic, well done. It was great. I enjoyed it thoroughly. Anybody else?

I heard a tremendous number of compliments, and it's just such a great feeling of community. It really brings us together in a way that we otherwise don't, and it's such a unique and special once-a-year event. I truly appreciate all the hard work that goes into that. I know it was many sleepless nights for some of our staff. You guys are seen and appreciated. We couldn't do it without you.

I would just add I have heard lots of positive feedback about the new configuration. I look forward to hearing discussions about that. But all the feedback I got was really positive about that new setup.

Thank you. Anybody else have anything else to bring up? I have one. Ours might be the same. Just for clarification, so with respect to personal firework use, is that what you were going to bring up, Mr. Barger? All right. Well, then I'll delve in. As you know, on the 4th of July, the governor issued an executive order that allowed municipalities to enact a ban on the discharge of personal fireworks statewide. His order was based upon the Forester's determination that the whole entire state was in extreme fire danger, which it was. As we got closer to the 24th, we've been waiting as a league for direction from the governor as to what he was going to do. We'd really like to have had it last week. It would have been a lot easier to communicate, but it's not how it happens. So what happened this time... in a nutshell, is the governor has issued another order, but because the entire state is not in extreme fire danger, the southern part of the state has received some significant rain in certain areas. It changed the overall extreme fire danger statewide. So the new order allows the municipality with allowing mayors. It's still an emergency order, so the mayors have executive authority. So the order requires the mayor and the fire chief to consult and decide if the conditions in the community warrant either a full ban or a partial ban based upon some amendment of the historic map that we've all used over the years. As you all know, I've reached out to all of you asking you for your input, and you all agreed that It would be good to listen to our fire chief. And as Clint and I have consulted with each other and Mr. Barker and Tracy, and as we've looked at the conditions in Draper City, the fact that we have a significant number of homes, a number of our neighborhoods in the WUI, or the Wildland Urban Interface, The conditions are not better in Draper. They have gotten worse. They're drier. The fuels are worse than they were on the 4th. It made sense to ban them on the 4th, and it makes absolute sense to ban them on the 24th. And so based upon that analysis by Chief Smith, myself, and all of us, we've applied to the state forester. So the process was made... I would say ridiculously complicated for something that was so easy on the fourth. This required cities to make an application today by two o'clock to the state forester with our reasons for whatever ban we wanted to do. And then the state forester was going to grant the, the order and allow us to do what we asked the State Forestry to do. So if you just wanted to use your old map that we all set up on May 1st, you didn't have to do a thing. You could have just let it go and your old map would be in force. If you wanted to change your map, make it tighter, make it bigger, whatever you wanted to do, you had to apply by 2 o'clock today. If you wanted to enact a full ban in your community, you had to apply by 2 o'clock today. We all applied. The order just came out while we've been sitting here. I got it by email, and it lists. It's interesting to look at. It lists each municipality statewide, and it lists exactly what they're doing, and it lists their reasons for doing it. So it's now out. It has been approved. So for the record, personal firework discharge for the normal period of the 24th of July are banned in the city of Draper. There are no personally used fireworks allowed anywhere in the city of Draper. They're all banned, with the exception of sparklers that are provided for in the code. But any other type of firework, it's banned in the city of Draper for the discharge period, which I believe starts tomorrow and goes through the 25th. Again, it would have been nice to have had this information out last week, but nonetheless... Even, and just to address quickly, even though some parts of the city last night got some rain, including my house, the amount of rain that we got and the level of fuel dryness that we have, the rain didn't do anything. It didn't make a difference. It would take significant rain on continuous period of time to make these fuels more or less dangerous than they are. Our view of it is, between Chief Smith and I, that this makes the most sense. My view of it is if I have the power to do it and I want to err on the side of extreme caution, I don't want anyone to lose their home. I don't want to lose the neighborhood, and I don't want to lose our open space to careless fireworks. We had tremendous compliance on the 4th. Our citizens were fantastic. They adhered to it. We only wrote one citation and one warning. I hope it's just as good coming up this time because the best way to help each other out is take care of each other is not start any fires. Anyway, that's an update on that. That's all I have. Does anybody have anything else? Mike, go ahead.

I did. I wanted to address a topic that came up last meeting regarding the non-emergency number as well as looking at it and expanded what some cities call a 3-1-1 program. So earlier this... I was going to say it wasn't this week, it was last week. John, Rich, Kelly, Linda and I met to talk about... current constraints that we might have in the city and how we could utilize our resources that we have to try and provide better service in this area. We're trying to encourage the public and so we've changed our website to highlight within the police department during business hours to call a different number, not the 4,000 number at VEC. We talked about putting together a public service campaign to educate the public on how to contact us, and I'll be having that conversation with department directors in our department director meeting tomorrow to see how people are communicating with them and what numbers they're using. Are they using email? Are they filling out online forms? That type of thing. And then I think John was going to talk to Jan and McKenna, who are the women that staff our finance presence in the lobby, to see what types of calls they're fielding, just to see how we can route things and provide better service in this area. So it's an ongoing process. We've taken a few initial steps, but we'll return with a more comprehensive plan in the future.

Anybody else?

Thank you, Mr. Barker. That sounds great. I think just pushing out to residents the actual numbers and emails so it's more clear who they can actually call for exactly what they need. I think that would be a huge step.

That way people aren't trying to call VAC or 911 for a you know, a broken sprinkler head in the park, something or something like that. Yeah. I looked at the statistics, and I believe it was VAC receives, and I've sent them the same stats to Council Member Johnson, but I think VAC receives almost half a million non-emergency calls a year, which is about twice as many 911 calls. So they hear about 200 and some odd thousand 911 calls. So Actually, their non-emergency lines are the ones that have the most calls but aren't being serviced, obviously with 911 being a priority. But they do receive a lot of calls there, and it would be nice if we could pull some of that burden away from them if we have the resources to address that.

Right. There's nothing else. Clinton Rich, thank your folks for all their good work. And to have that many people in the community and have no major medical issue and no arrests, no incidents, fantastic. Is there a motion to adjourn? So moved. Motion by Mr. Green. Second?

I'll second.

Second by Ms. Johnson. All in favor say aye. Aye. Are there any opposed? We are adjourned.