City Council - Regular Meeting

The study session to order. We do have a need for a closed meeting with for two items. One,

land acquisition and development agreement discussion in real estate.

Is there a motion to close the meeting? So I'll move. Motion by Fred. Second? Second. By Catherine. Any further discussion? My team and Fred have you vote?

Yes. Catherine? Yes. Tasha? Yes.

Alright. We have three to go.

Have one

to to go go into. Into.

Overview here. As

you know, as city council members, you've gotten some complaints from parents and neighbors in Draper about scooters. So it's an issue that we seem to be running into repetitively. And it's kind of a sticking point between, like, parents who want their kids to be able to use it, and then we've got

a

lot of safety, like, concerns around the use. So we wanted to have our crime analyst kinda start off and give you

a sense for what's been

going on just in the past two years between 2023 and 2025. And so that that way you can see, you know, what the numbers are, what the injuries, you know, kind of statistics are, where they're

happening in the city as well. I don't

wanna do this presentation for him. Is he here?

Yeah. Yeah. He's right there.

Oh, okay. Great. Come on up. Hey.

Let's see

you heard it. Sorry. You're kinda just feeling dizzy. Yeah.

I'm sorry. I'm doing okay.

You're basically saying she's doing a good job.

Yeah. Yeah. Can keep going. You're welcome. Hello. My name is Lee Chaplin. I'm the crime analyst for Shaper PD. Thank you. Chief Ferguson asked me a few months ago to look into this topic of electric vehicle accidents, accidents, primarily looking at scooters. So for context, we looked at January 2023 through December 2025, just a month and a half ago at this point almost.

We had 29 accidents involving electric vehicles, obviously not including cars. So that includes scooters, motorcycles. 25 of the 29, which is obviously the vast majority, were electric scooters. These accidents were distributed evenly throughout this city. There was no concentration in school zones or residential neighborhoods, which is kinda surprising given that they are primarily driven by adolescents.

The ages of the individuals involved in in all these accidents was nine to 58 years old. So wide range, however, mostly written again by juveniles. 12 of the accidents involved children fifteen fifteen years old or younger. An additional five were between 16 and 17 years old. So that's 17 of the 25 that were driven by juveniles total.

In terms of fault, reading the reports and looking at the body cams, at least 12 of the accidents in looking at the evidence were due to the scooter occupant driving recklessly with car accident, it's very difficult for a police officer to determine that after the fact unless you have witnesses or traffic cameras. 16 accidents occurred in the crosswalks. Again, that's the vast majority. And most of the time, the vehicle or the car drivers were saying that the scooter darted out and was not visible to them at any time. In terms of sorry.

Here's a map. As you can see, our primary campuses in Draper are Corner Canyon, only three in that area. The vast majority happened actually at 1 23rd And State Street. There's another dot hidden behind that one to the left. There's actually seven in that area alone at 1 23rd And State Street. So seven again up to 29. All those in red had injuries, which was sixteen twelve. That's that is

the scooter crossing the crosswalk?

They're primarily not looking for traffic or expecting a car to automatically stop, and they're starting out.

But there the scooter is in the crosswalk. Yes. Okay.

And, again, 16 of the 29 have occurred across the street. Other locations where parking lots had a few. The sidebar sidewalks had, I wanna say, three, but the primary location was crosswalks. And, again, all those in red are injuries. Excuse me. It's fourteen resulted in injuries. So of the 29 total accidents, fourteen resulted in injuries. Thankfully, we have nothing had not had anything that was catastrophic or fatal. Yes. That said, seven of those 14 were significant enough that the rider was actually transported to the hospital.

Everything from broken bones, broken teeth, to obviously scrapes and bruises. This is just an example. The chief actually saw this while driving home about it's in 2024. A 15 year old rider was he estimated 25 miles per hour. This particular model can go about 40, it's very likely he's going faster than that. It's actually he didn't crash into a car or a car was not involved at all. He actually just lost his balance and crashed into a crashed into the sidewalk and then narrowly missed hitting the curb with his head. And the damage was significant enough that the scooter was actually totaled completely. So

that will go 40 miles a day. That scooter. Right? Yep.

Yep. That's crazy.

Right.

In terms a little bit more context in terms of time, why we chose the dates '23 to '25 2023 to 2025, this was not an issue several years ago. In 2023, of those 29 accidents, only four occurred in 2023. Fifteen occurred in 2024, and then ten in 2025. So, obviously, '25 was a better year, but still a significant issue in Draper. That's all I got. I know it's brief, but any questions you have for me in terms of the data that we collected? And this is only the cases that obviously we heard about. So I'm certain there's way more out there that we don't know about, but these are the ones that were actually reported to.

Do you know if any other cities are gathering this data?

It's a good question. I don't

I'm sure they are because we use the same reporting system, but they don't have time now. It's like we do. It means it's absolutely the best.

So we're saying on average, at least one a month.

Mhmm. Yep. I mean, ten and twenty five, so almost one a month. Then in 2024, over one a month.

We we had one yesterday, but and after hitting the the car, he fled. So that's maybe, though, fourteen fifteen. So

I I did not include fleeing stats on this. I was primarily looking at accidents and injuries. But the fleeing, we do have fleeing, obviously, with scooters, but primarily those are the more electric electric motorcycles, electric bikes, and also gas motorcycles as well. We had a suspect or a 14 year old who lived in Bluffdale, and he actually fled multiple times over several days, And we actually didn't find that person, but 14 year old on a gas motorcycle. But most of the time, those things are motorcycles, not scooters. I

have just a couple questions. Is it against the law to ride the scooters in the crosswalk? So I know, like, technically on a bike, you're supposed to walk it across the crosswalk. What is the law for scooters?

So Tracy will go through that.

Recklessly in the process. They're not being reasonable, and and that's what the statute requires.

The statute requires that. Okay.

As Jason will show, the code is quite complicated. Like, it it goes way beyond my comprehension. So it's it's kind of a gray area for sure.

So My

my other question is is there an age for scooter electric scooters in the code? Is there an age? Like, do you have to be a certain age? Years old.

It's eight. It's eight.

Oh, because it's for a scooter. It's not Well,

it's it's it's for the one that wrecked. You can ride that as an eight year old

in the street. Wow. But you Which how

much do those weigh?

They're heavy. That means that that was really

year old lost control. Right?

It was and he wasn't dodging a car. I mean, it was just his

own error. He was riding down, banging her, and I

saw him crash. And he got

speed wobbles and whatnot. But if he had hit the

That's yeah.

Yeah. Thank you, Luke. Yeah. Thanks, Lee. No problem.

So just to kinda get into sort of the the law itself, these were for convoluted. I'll use the scientific term of hot mess. It is, like, all over the place. So just really quickly, in my mind, scooters was always the little razors that you saw in the kids, like,

the little two ones that are

super lightweight. But now as you can see, there are these, like, huge, like, enormous looking scooters. But this is the definition here. So two wheels on the ground, braking system, you know, motor under 2,000 watts, handlebar sticks, seating, design allowed allowing propulsion by human power alone. Design allowing it, but I think in practicality, you don't really see people, like, just

doing this by human propulsion alone

and then max speed of 20 on paid level service. So right now, the way that the current law is structured is that scooters are generally supposed to follow the bicycle rules. They're not considered motor vehicle, but they are exempt from a couple of things that bicycles have to follow. So driver's licenses, certain lights and horn, and mirror requirements for bikes. They're not entitled to full lane entitlement.

That's actually gonna stay the same at least at the current law that I'm looking at that they're proposing. So they don't get full lane entitlement, and then they have some specific seating rules. But then just so you know, right now, what's prohibited in the current state law is so operation by children under eight years old with the motor on. And right now, the law says on public property, highways, paths, or sidewalks. But the way the law is being written right now is it that would convert to on highway only. But we're retaining our ability to regulate it on sidewalks. It didn't touch that part of the statute. Statute. Carry more passengers than design for. You probably see some of those kids riding where they're, like, super stacked up, like, on the scooters, and they're not supposed to go over 50 miles per hour.

Not allowed in public parking structures or areas or area code prohibiting bicycles. So, Catherine, to your question, they are allowed in crosswalks if operated safely, but I think what we're seeing is that's not being operated safely. You've got kids that are just really What

we're doing is bombing down the sidewalk at 20 miles an hour through the intersection to the other sidewalk, and cars aren't expecting somebody to come flying across a crosswalk at 20 miles an hour.

And so make a right turn

or they you know? The

the biker has to get off, but the scooter person Technically, I it. Yeah.

And it does

say the state law does say they can they can operate it across the crosswalk. So there's a difference between on the. So when it has the motor off, it's considered nonmotorized unless it's locally prohibited. And just really quickly, I wanted to introduce to you Jenny Johnson, our new senior prosecutor, who has been dealing with our, you know, cases downstairs in the court. And I just wanted her to speak really quickly to, like, the challenges that she runs into, if you can mention it really briefly. So there's

there are some distinctions here that are gonna be very difficult to prosecute. One that really comes to mind is that it's what was mentioned about a lot of these are equipped with pedals. And then there's a distinction of if you're operating the pedal, then it's not considered a scooter. But if you're not operating the pedal, then it's considered a scooter. And that's the type of distinction that's very difficult to prosecute because it's just gonna come down to what somebody's claiming versus what really happened.

Super hard to to handle in a prosecution type setting. So what we'll be asking you all to think about when we get to the point where we're getting ready to write some code is really clearly objective, identifiable criteria that we can look to and that our officers can look to for deciding what's a violation. Thank

you. Right now, that's just an infraction level speaking of violation. And then the way that state law is written right now is that it allows cities to regulate scooters to some degree, including sidewalk and speed. And that's being retained in the proposed rule as well, but we can regulate this on our sidewalks if we want to. Okay. So speaking of sidewalks, it's only allowed on sidewalks. If the municipality has authorized it, which we have not. So we don't have this in our code that it's allowed on our sidewalks. But you'll notice there's kids writing these on sidewalks all the time. Well, this is how it is right now. So this is the current law.

And code.

Yeah. So the current code, and we do not like I said, we don't have an ordinance that allows kids

to ride the other sidewalks. I think we've understood that they were allowed on sidewalks.

I did understand that. Did you? Yeah.

So we don't we just don't have a code that allows it. And then so that's something that we wanted to start putting on your radar because we were like, at least if we can sort of get you thinking on some of this stuff, because where do you want these kids operating this? Do you want them on the sidewalk? Do want you them in the street? Now you'll see with some proposed law change, maybe that will factor into your decision, like, on how you wanna treat that.

But just generally speaking, we have adopted the state traffic code. We have generally prohibited motorized vehicles in our parks, trails, rec areas entitled to teen, and it's unlawful to use scooters or similar devices in a dangerous transit center or to the. So that's just kind of the city that what we speak to scooters about. And then our police officers can stop scooters if they see kids riding, like, if they've got reasonable cause for, like, these reasons. If it looks unsafe on the motor, it's in disrepair. But probably noticed that you're running into parents who get really agitated when the police start kind of stopping kids on these, and then it tends to be, you know, a challenge between enforcement and this parental, like, sort of oversight or lack of oversight

on on officers. Officers. So

I wanted to let chief Burgessen kinda take it from here just after so he can kind of sum up here. Because one of the things that we have seen is that representative color has sponsored h b three eighty one, which is now on a second substitute. So we're seeing some changes because this is it is a problem. Right? So I think a lot of cities have different approaches to how they've been trying to regulate scooters.

But the new proposed bill would allow eight to 15 year olds to operate scooters and e bikes either either under direct adult supervision. So an adult has to be supervising them or they have to obtain a safety certificate. So that actually, I think, is a really great, like, you know, proposal in terms of, like, how to get some of these kids aware of some of, like, the traffic situations that they're encountering when they're going through.

Yeah. I guess that all depends what that safety certificate entails. Right? Yeah. I have a hard time seeing an eight year old or a nine year old really comprehending Right. What that means.

Mhmm. It will allow 16 year olds to operate without adult supervision or the safety certificate, And then it does impose a helmet requirement for anyone under 21 years of age unless they're renting it from those line scooter situations. And then cities can still prohibit e motorcycles and the high power e devices on sidewalks and So trails as well. Let chief Ferguson take it from here. But, essentially, we want you to start thinking about, like, where do you want to allow scooters? Like, where how do are you wanting to start wanting to approach this?

So, Tracy, if we prohibit e motorcycles on sidewalks and trails, that basically prohibit prohibits them in the city. Because if they're won't be allowed on a sidewalk and trail, they're not street legal to be allowed on the street. Correct. Right? So That's right. Where would they be allowed?

Off the where they're intended to go. I mean, they're they're intended to be in the Desert vehicle, not in West Desert or somewhere where where they can. Right. Cottonwood Heights. Mhmm.

Wouldn't be. If you wanted to go in that direction.

So and I'll just sit here, but the the things that we're looking for is something actionable by the council. I mean, read through the the 1,350 lines of the new proposed law, and it it gets really confusing. But things like 21 and under, half that of the helmet, that's pretty easy for us to look and say, think that guy looks like he's 15. He doesn't have a helmet. I can pull him over. But when we start getting into some of the other things, it gets really Yeah. Gray area for us. Mhmm. Sidewalks. Do you want them on the sidewalks?

I can tell you I receive a lot of complaints from our citizens about almost being run over on our trails. I'm, like, right down here in the city trails. And if we want that, do you wanna create something I didn't see anything in Cutler's bill about giving an audible before you overtake a citizen or a pedestrian from behind. Do you want something like that? Mhmm.

If we don't want them on our sidewalks, then you have to consider this, and this is something that I battle in Provo too is we wanna propel these kids out into the street now. And so if we want them on the sidewalk, what speed limit do you want them to be able to go? If they're entering into a crosswalk where we're seeing the majority of our accidents, they're entering the roadway at 20 miles an hour plus. Do you want them to get off it and walk across it? That's something actionable by us. If they're riding through it, we can pull them over for it if you if you decide to go that route. So there's a lot to consider, Tracy, and we we put together some things here.

So We we would cite them in Prosper Center City code. Yes. Yeah. We come up with our own code. Yeah. You we can all work together to find that.

And the new state code is really putting a lot back on the municipalities. Sandy City, for instance, adopted 16 and under campground, period. That's their easy way out. But believing also that 16 and over are probably getting a driver's license to drive a car anyway. Mhmm. Has it worked? Their chief told me so so, but it makes it easier to enforce.

You're talking infractions in the city code? Mhmm. Like, maybe an escalator to get through in a year. Possibly. Yeah. And

on the e motorcycles, they're not insured. They are causing accidents. They are fleeing from us, and we do and we do pull them over. We have been in town, you know, when they suffer from us. But they are a big burden in the city and.

When they flee, are you able to catch them or find them later? Because there's no way to to connect them to the bike. Is that why?

We catch them if one of their friends stops and tells us who it is. We catch them if we see them another day, we watch them, you know, with a drone or something, pull and dismiss, and then we get them. But when they flee, it's not worth it. The the risk is not worth the reward to us. They're the one of these kids is going to flee and crash and kill themselves or somebody else is it's just, you know, we don't chase them. That's a good policy.

I'm on the SCC at Draper

Park Middle School, and this

is something that we talk about almost every meeting. You know, there's 40 to 60 kids who ride them to school day. It causes problems in the parking lot. It causes problems in the the you know, there's a lot of traffic coming. And and so it's definitely a problem. And and I I love the idea of, you know, easy, actionable, requiring a helmet, require like, if they're gonna be riding them, I think the the real question, they are definitely riding them on the sidewalk now, and they're 12 year old kids. Right? They're going to junior high. And so so I think that's a big question. What

about in economy and those electric motorcycles when they're at school? Was it will the district work with

us to let you go on? Man. No. The e motorcycles Right. If we we have literally had to set up spotters to watch them drive in off the roadway. And then when they get off the bike, we'll walk up to them and issue them a citation so it's safe so they don't flee and then pound the bike. But the scooters,

No. I'm talking about the e motorcycle.

The e motorcycles. The e motorcycles are yeah. We don't have a problem with I believe it's class one bikes that are pedal assisted that only go up to 20 miles per hour, and then the motor turns turns off, and we just don't see a problem with those. And those are allowed in our tracks.

Any questions? Do you wanna propose some city codes

with some actionable stuff to to do

that. So

I think we wanna put it on your radar to just kind of highlight the existing deficiencies, the proposed fixes, issues that we're dealing with at the you know, the overarching goal here is.

I would for excuse me. Like to consider at least raising that age above eight years old if we were to vary from, I think,

12 or 13

or even older. But I'm just

You're saying Sandy's banned the scooters? Or you just banned

it under 16. I mean, that's Under 16.

No scooters know anything.

Mean, that might be something you might wanna

There's gonna be a lot of parent pushback Yeah. From that. We have and those parents who, like, give their kids a $5,000 scooter to drive to school.

Do you know what mean?

Like, I'm not saying they're right.

I'm just The only thing that

I can back to is the traffic traffic accidents we've had, and that's that's what that's Yeah.

If if if Cutler's bill passes with

that provision in there, the bill takes care of that issue. They won't be driving to to middle school unless their parents with them.

Well, but they can

get this this certain license. What is

That yeah. That, I don't know how you you can't force that.

So that's not a primary offense. We can't pull them over suspecting they don't have one. We have to have another violation before just like a driver license.

You can't pull them over to say, hey.

Do have your safety certificate? They have to have committed a violation and a infraction in front of us.

And it be reasonable cause,

and it has to Well, it depends on the national view. Sometimes the Fourth Amendment's not all that important across the board. Still is here in the state of Utah.

If if

they pass that they have to have

a helmet and they don't have a helmet, can you pull them over for that? Yeah. Yeah.

Depends on if there is a sweep of foot. I'm just

No. A lot of a lot of the kids that we deal with are very respectful.

Limit University of Utah put on theirs? Probably 10. Some yeah. Something Their trails? No. They did speed limit on their sidewalks a couple years

ago. Yeah. That's what I mean.

Trails or sidewalk, it's something that's,

like, 15 or under.

At least that's what I understand. Unless there's melting on it, you know, but it's the people around. Then you gotta do an audible pass on the left and call out.

But But even 15 is pretty fast if there's people.

Yep. No audible call, probably easy. Well, easier.

Not really.

I think they should get off to

use the crosswalk. I think they're really unsafe. They're speaking. Great way to slow down too. Right? Right. If you have It should be the same as a bike.

Well, we have data too. Do

I'm good with over an eight. I wonder, like, it'll be interesting to see the difference. I I think 14, you basically cut out the junior high because kids turn 14 in eighth grade or or to a certain extent. And and I think that could help a lot. Like but I do think, like like, at Parker Park and and the other schools, we have so many kids who don't qualify for a bus, who don't and so there are a lot of people who I think rely on that. I would be interested in, like, if we set good boundaries and it was 12 instead of 14. I don't know. But I'm not, like, opposed to 14, but I but I think I'm just not sure that 12 year olds are ready to drive me I would like I

have a 12 year old, and they are definitely not.

Yeah. Yeah. I have a 14 year old who's in eighth grade, and I think he's maybe about mature enough to understand rules.

But that's the part where you trust the hope the the parent is gonna use good judgment that Honestly, it's you know, we want to escape their house.

Well, that's what I'm saying to you,

you would hope, but you don't see that.

It's house bill three zero one apparently.

Yeah. It's on third reading. So it's

I'm sorry. I just don't get Yeah.

I'm sorry. Reading calendar to school.

I don't like that. So Alright.

Run to the next item. We got the next is Thank you,

would be coming to you soon for approval at a council meeting. This expands on what has been in place for Craper City with communications. There was an existing social media policy to some degree and also touching on employees of social media. And who's the other part? Let me I just wanted to give you the background today for what we're looking at doing as far as expanding it and why it matters. Know of three or four cities currently that are looking at implementing a communication policy because they have nothing,

a huge part of this.

There's many lawsuits out there where an elected representative or a city manager or an employee has posted something publicly or made a public statement that comes back to put the city in a bad legal position. So the policy supports transparency while also ensuring compliance with public records laws, privacy requirements, and accessibility standards. This coming April, the federal government is we have a deadline for accessibility requirements that will go into place, and so we're really Problems arise when different officials or departments publicly share conflicting information. And the policy establishes official channels to receive verified information and to receive updates as the facts change or as the situation evolves. The

this is important city.

For comment if there's inconsistent answers, this it can unintentionally create the perception that there's disagreement going on and where, you know, possibly it doesn't exist. And then the policy helps ensure accurate information is shared first with the elected officials adding context and leadership perspective. Another example, an important example, is during emergencies such as a wildfire, water advisory, or infrastructure failure, well intentioned but uncoordinated social media posts or media interviews by individual employees or officials can rapidly spread outdated or incorrect information. We know in our day and age how fast information can be shared. So the policy identifies official channels during emergencies, and it aligns elected officials with the staff messaging.

And that leads to clearer communication that protects public safety. Along with the comprehensive communications plan, I drafted a crisis communication plan. So this is specific to the chain of events that would the the process that we would go through in a crisis, and that could be public safety emergency, a major service outage, a public image crisis, or any other, you know, matters that are

more urgent. Intaminated water? Yes. Think about that.

Why this is happening or why we're proposing this is because it is a best practice. As I mentioned, there's a lot of cities dealing with issues because they don't have a policy in place, and there are entity entities dealing with issues because they haven't followed the So it's not about control. It's about keeping that trust that we have with the community, coordinating effectively so that the information gets shared appropriately and accurately. And so the city speaks with one voice and supports you as elected officials and better serves our residents. Effective communication is essential to effective governance.

And this was adapted from a combination of other cities and of situations that have come to our attention, you know, dealing with questions and concerns in Draper. So it's not something that doesn't exist out for example, the Miss Draper program years ago, used to have every new Miss Draper each year starting Instagram. And then when they are done being Miss Draper, we have, like, five different Draper City, uncomfortable with a lot of this. Okay. These are just recommendations.

It's not a must do. Because sometimes in cities, member page, and you're not speaking for the city, those types of things.

I think some of this, I think, it tells more than just, like

yeah. Do you mind going up?

And I guess we can look at it when it gets released more. Uh-huh.

Which one are you looking at? Well, like, the was your question about it? I'm just reading

through it again. Trying to

Okay. I do. Like, g two. I don't know. On d, I I because they are I have not. But because I am a an elected person, I I think I can't and maybe that you're just saying, we'd sure love it if you didn't. But if I wanted to say Right. I am voting for this person or I am endorsing this person Mhmm. Like, legally, I can do that on my Yeah. None of this is saying that we can't legally do this.

These are just recommendations that have come up publicly I think if there was an elected officials section, having it be less prescriptive. I agree this is pretty prescriptive. Well, I

was given guidelines, I think, for us to consider.

But it doesn't come off like that. It sounds very much like this is a rule. That was one of the questions training and say, you know, these are some recommendations based on I think it could be part of training Yeah. And others. But I don't think it should be in any sort of actual But

but I like the idea of at least giving us the direction. You know, I think about when I first started, and I think for you, Catherine, you know, the reason why you wanna maybe avoid certain things.

And Yeah.

I mean, I

think Like, you probably never understood. You didn't gender gauge with the planning commission before. Right.

Yes. I I mean, like, the instead of or encourage it, but, like, obviously, like, elected officials are their own person and have their First Amendment rights. These are some recommendations.

You know I mean?

Like Yeah. Yeah. Like, some of the but but I do think recommendations are helpful. Like, I'm just sort of at, like, looking what other people are doing and trying to find my own way, but I but I the the planning commission is a great like, I so after I'm sworn in, people are like, yeah. You don't we don't really go to plan any meter, and and I don't know. Is there an official policy about that? I have just and so stuff like that. It's super helpful, I think, for Yeah. Because there have been cases where people come coming in new didn't really understand the boundaries and, you know, just put themselves and the city in a position for life. Like, f's

a good one. I mean, obviously, I don't think any of

us would do that, but

you can't just assume no one would do it.

Which one would be? F.

I mean, that that happens. People create aliases and don't you?

Yeah. Yeah. There's been there's been a lot of people in Utah years ago with that. That's sick winter. Yeah. Sorry. I'm not trying to comment. That's too bad. So okay. If everyone's in agreement with that, then we can pull this and use that more as a a training But

then even g, I think that's maybe something we maybe need to discuss as a council, how we how we should engage on stuff that's gonna come before the council action, like, what's appropriate, what isn't so that we don't put ourselves in them.

We like to go in our council room as

part of Yeah. So we don't meet So we don't get ourselves in trouble. Yeah.

But, also, I do think that that's something that, you know, when you're trying to be like, some people are gonna run on. I don't feel like they're communicating enough, and so they're gonna make that a priority, and they're gonna talk a lot. I think that it should be required. They should have to identify themselves, and they can say, I don't speak for the city, but this is how but I don't know that you can let's say to an elected like, you can't say certain things if you because they're they're saying, well, I'm beholden to the voters, not to And that wouldn't be intentional. Yeah.

These are just No. I I just think that's correct. This should come out of this quickly. Okay. There's three that I'm aware of, and those are the locations underneath.

And then here's an example of park signage. I was thinking Brett would be here, I was gonna give him a minute. But he is in the process of doing an inventory of all the park signage that have the previous logo on it, and he was intending with the budget request to include a request to update all of those signs.

Yeah. Put just like welcome to 1980.

That's all you do is put that.

Time travel. Yeah.

And so these signs here are an example of some

of the park signs that are more like rules and, you know, closing times. And and there's one here that's been updated with the new logo. But one of the questions we wanna pose is, how much do we want the logo on things? Because I think with with this previous logo, it's on a lot of things. And whenever there's a logo update, there's a cost to that.

And replacing that can be, you know, quite a lot. So every time the logo changes, then you have these outdated lamp posts. And you're not gonna wanna pull the lamp post every time you

get new logo. Yeah. That's iconic.

So as an example, River City shared some information with me because five years ago, they did a major signage update. And so there's a few different types. This is a a major landmark sign that they have at at main entrances to the city. It creates a strong impression in the sense of, that helps point out different attractions in the city, and it's been shown to improve traffic flow and safety even though we use our GPSs.

I like that good stuff.

I do too. Yeah. There's a lot of places we could use that.

Yeah. So even though you're you're on GPS, if if you see this line, you're

not looking at your phone,

you know, to double check you're going the right way, that can help direct people. So here, you can see when it's And then there's the question of digital signings that we've talked about before, which David Wilkes and I are in favor of and and Rhett because we feel like it could be, you know, more effective and timely way to deliver information. There was data that showed digital captures 400% more attention than static signs, and we can use them So this is one of the examples of impairment. And I'm sure if you've been to here, I mean, you've seen these.

Yeah. I think that's where you position them is the key.

Yeah. There would need to be some study to determine traffic patterns and where it would be appropriate. Of course, there's a cost to this. Five years ago, when Riverton did their project for just the landmark signs and the way finding signs, I believe it was about 350,000. So with inflation from five years ago, you can kind of estimate that way. I got a quote from YESCO for two digital signs of this type. They're on state contracts, and they said it would be around 400 to 500,000 for two. That was ridiculous. So oh, sorry.

I didn't do that.

So, you know, there's benefits to it that I'm sure you Okay. And, David, you can come

up here take you on. So a couple weeks ago, David and I met with fire because we were hoping that we could somehow you know, Park is so small for Draper. Can you pull up the branding? No. I mean, no. The buffer zone. That we could somehow move the fireworks launch site, and so we would be able to use that side of the park. The buffer zone. So we all met. Yeah.

The buffer one. A few of us met and looked at different sites. He got with our firework contractor, and we decided that this site was the best. This is all on city property, so we don't have to worry about getting permission from any adjacent neighbors. And the firework guy thinks it'll be great that the property at the park should be able to see it very well and that our insurance is very happy that we would have it at off-site where we're not discharging by spectators. So so we're that's kind of this is the first step of this this process. So we're we've decided kind of on that if you guys like this plan to move things around. And then the next one

From a safety standpoint, that is a huge standpoint. Yeah. And I think that's Rick Pat was

in the meeting. He loved it. He said our insurance company, yeah, really and Clint. Right. Clint. They fireproof of it too. So then we started thinking, okay. Now we have this whole West side of the park, and then Rhett's not here. But then Oh, this. Rhett yeah. Then that one. Then Rhett was like, why don't we what if we move the stage over to the West area? And we haven't decided yet the orientation of the stage. It could be that you're looking straight on north, so the sun isn't a factor, or it could be angled. But somewhere over there would be the stage.

And then so so there's some I have a list of pros and cons. But then we flip and move the check the children's area on the other side. You know? And David's been putting a lot of time into trying to figure out how we fit everything and if it works. The most recent move he just did today was we don't think the food vendors are gonna be happy over there. The food vendors are gonna wanna be where all the people are for the concert. So

Yeah. But couldn't you move some of them over in the parking lot by the playground too?

I don't know. Tell you. Yeah. Probably,

that's a great suggestion perhaps. But parking's at such a critical we have so few parking spots. That's really not an option

if you do that. So

there we have some present houses, but we would open up that north parking lot for city vehicles, parks, emergency vehicles. You guys would park there, and then we would open up south to the public. We think I mean, we can get can you pull up the pros and cons real quick? This is kind of some of the pros we got. The vendors so we would move the car car show over to the west side of the park as well on Thursday night. So the vendors could get in there on Thursday, which would really help the loading part. They would get additional day of sales. They could be there Thursday. But we have a lot of band is so loud. They can't talk to people during the concert.

So we think the vendors will really like it with the band on the other side. The viewing area for the concert, we think will be will be great. There'll be a lot more room. And then for fireworks, works, we think there everybody will be able to see it from that part because they're not blocked by the hill or the Willow Tree. The east side of the park, there's more built in power, so that works well for David's activity. Spectators, we talked about safety there. PD looked at it, and they thought it was safer for the line of sight. Pat was Pat liked that one a lot. Improved parking on the North Side for you guys and city vehicles. Oh, we talked about that, but we we left it right there for now.

We we talked about moving, maybe moving to business vendors because it's kind of that's so congested down there. But right now, we have it in that same park. The hill by the tree is kind of a natural seating area. And then the next thing, Brett's not here, but we'll talk about Friday night, We're considering a drone show and only doing fireworks on Saturday night. And he's got something we can pull up later to the drone. He got a couple bids, and it was, like, 15 to 17,000 instead of 30. And then we thought we could incorporate America's two fifty and kinda make Friday night the patriotic, put America two fifty up there, and try the drone show. And if people hate it, we'll just say, well, we were trying to incorporate America's two fifty. We'll go back to Fireworks. Some of the cons are just that it's a lot of extra work for David. He has us

you know, he has it all figured out.

He's he's starting off from scratch. The food vendor, we were gonna charge a little bit more to make some more money.

We don't know if we can still do that or not. Right.

If if you wanna go back to the to that to

propose Shade could be a problem too, though. Shade could

fade in. But couple of things in terms

of just flow. One is what this layout does to the Thursday event. Now as you recall Thursday prior to for our car show on Thursday, we didn't allow a handmade market, and the car show was for the car show on Thursday. And in terms of the concerts on Friday and Saturday, this is really an excellent layout. We'll be able to get more people if that's an inducement.

And after sponsorships are food vendors. If we leave them here and they're not connected to this audience, we're gonna have trouble. So we're gonna we we need to move those food vendors.

Can I go to the seniors the the

the county the utilizes the facility? They they're operating hours are doing our event. That's one of the cons is the library is not gonna be thrilled. Just like the vendors are gonna be really happy

agenda, I went and just drove in and and stood. And I do think, like, for the stage and for the concert, that is just such a great area. I I do wonder about shade and how we can increase some shade, but but just, like, this it's a huge, great area for

And I in in terms of shade, what the the bulk of that of your concert audience is

is in the blazing scene. I mean, that was

David, do you have the those motor the guys jumping the ramps?

I don't. Our our stunt shows this year are racing

Because, like, where you have the stunt team last year in the parking right. Oh, the BMX. Yeah. Yeah. Where the BMX was last year. Right. You know, we didn't use that for parking that you

could put food trucks

right there too. Right? That's a possibility. That is a possibility. You You're

not gonna lose any parking that we didn't have last year. That's a

good point. And you

could turn that into a food court, and that would have It's closer. That is a good suggestion.

Are you good with this concept of switching it up? Yeah. You guys gotta talk we

talk it through more, but I

he just yeah. He kinda wants to move quickly if we can decide so we can start planning.

Hogs, logs, and dogs.

Hogs, logs, super excited for the snatch shows this year. Should be great for families.

Lumberjack sounds awesome. Really? They're all Canadian lumberjacks.

Oh, as we celebrate the two hundred fiftieth.

One thing real quick too. We need to get the parade applications out, and we we would like to prohibit throwing candy from vehicles this year. It's been recommended by our insurance company. And so we just wanna get your take. If you're okay if we say that they that you cannot throw candy from a

float or

That includes us.

That includes you guys. You could have, like, youth council kids walking by and handing it out. Or So you can still walk the route and hand out candy, but for safety reasons, a lot of cities have gone away from throwing

Yeah. Any anything, not just candy. Right?

Yeah. Trinkets. Any trinkets or candy. When you throw candy, you change

can have people throwing the candy. It just

won't be us off

the floor. It's me or the workers. Yeah.

Yeah. K. We just need to put that in the application that we need to get out

if you're okay with that. Brent?

Okay.

We're about two minutes from seven. So if you wanna use the restroom, let's we could talk more about this, I guess, later But we definitely okay to move forward. Trying to rearrange it. Okay. Maybe Kelly.

Alright. Ladies and gentlemen, welcome to our city council meeting, this evening, 02/03/2026. I'd like to call our meeting to order. We're gonna start with the pledge of allegiance. This evening will be led by Kelly Charlbert. Go ahead, Kelly. Thank you, Kelly. Alright. Item number three is next on our agenda. It's opportunity for general public comment to the council.

Is there anyone here that would like to make general public comment? Alright, come up. Let me give you the rules. You've been you've done it before but three minutes, give us your name and address and start your time. I brought

a friend with me today. So I'm Sara Brinkerhoff. I'm here from the Draper Library to share some fun stuff we have going on there. I am going to share about our winter reading. So we've done summer reading in the past and we're also doing winter reading. So it runs the month of February. You can get a free book and a $5 fine waiver. It's a great way to promote literacy and it's really easy. Just read like set a goal and do it twenty minutes and you can get a prize. So it's a lot of fun. I'm always trying to share what fun stuff's going on. So come check it out. I really appreciate those who came out for our tiny art show. We had a lot of artwork and it was really exciting. So that was really fun. So thank you. And I have Linda here. She's one of my librarians. You might recognize her.

And I just wanna invite everyone to come celebrate America two fifty with us at the library. We are doing a program monthly. This this month, we're doing presidents. We will throughout the year be doing patriotic music. We'll highlight the 50 states. We'll do civics questions, constitution, important dates in american history, and famous places in The United States.

Thank you.

A great opportunity. Know you guys are doing stuff with that too. I also wanted to just give you a heads up. We are planning some construction of the library. So there is a good chance you guys know how these things going because construction that we will be closing for three months at the end of the year. So we'll keep you up to date on that because it will impact some of the parking lot and some of our services. So we'll let you know so the news can go out. Right now it's planned for September, October, and November, but we're waiting on some HVAC units. And if anyone's interested we have lots of plans and stuff we're doing it's not a big change to the building it's mostly to the HVAC because twenty years old you got to update it to keep it running so thank you guys

thank you is there anyone else like make a general public comment to the council Alright. Seeing no more public comment, we'll go to item number four, which is, items for consent vote on our calendar or our agenda. Item four a is approving the 01/20/2026 c city council meeting minutes. Item four b is approval of resolution twenty six zero seven. It's resolution appointing members of the Draper City Community Engagement and Events Committee.

Four c is approval of resolution twenty six zero eight. It's resolution of the Draper City Council disposing a surplus personal property in accordance with Draper City Municipal Code three dash three one five zero. And those are the items for consent. Is there a motion?

Mister mayor, I'd like to make a motion to approve the consent calendar.

A motion by miss Lowry to approve the consent items or second? I'll second. Second by Fred. Is there any further discussion? And, Bren, you're on. You can hear us?

Yeah.

Sorry. We'll welcome council member Johnson from some faraway land, but she has called in. So we appreciate it. Alright. Tasha, how do you vote?

Yes.

Fred? Yes. Catherine?

Yes.

Bren?

Yes.

Items approved unanimously four to zero. Next item is item for consideration. Item five a is a public hearing. It's regarding the providing of local consent for a full service restaurant license for Futillo Roll Sushi Inc. I probably didn't say that right. Travis DeJong is gonna give us a presentation. Now go ahead, Travis.

Full service restaurant license for I don't know how to say it either. I'd say Fitori. Roll sushi. Okay. This is where it is up on Draper Parkway at 1442 East.

They're looking for the full service restaurant license which allows restaurants to store, sell, and serve all kinds of alcoholic beverage drinks alongside a food purchase. So the restaurant has to be at least 300 feet away measured by shortest pedestrian route from a community location and it also cannot be within 200 feet measured by a straight line from the restaurant's main entrance. So the community location includes schools, churches, public playgrounds and parks and public libraries. Here's the 300 foot pedestrian route measurement. So they're more than 2,000 feet away from the nearest community location, which is that church right there.

So they meet that standard. And this is the 200 feet measurement in a straight line from the entrance and there's no community location anywhere near that so they meet that standard. Now the action is to provide local consent and deny local consent And our code says, as far as restrictions on full service restaurant licenses, we can't. There are no restrictions that the city can put on. Questions for Travis?

Alright thank you Travis this is a public hearing is there anything from the public that would like to address the council on item number five a local consent for the full service restaurant license Alright. Seeing no public comment, we'll close the public comment. Perry, bring it back to the council.

Miss Duhmeyer, I'd like to make a motion to approve local consent for a full service restaurant license.

Alright. Motion by Tasha to approve. And five a's or second?

Second.

Second by Catherine. Is there any further discussion? Alright. Hearing Natasha, how do

you vote?

Yes.

Catherine?

Yes.

Fred? Yes. Bren?

Yay.

I'm approved unanimously four to zero. On five b, also a public hearing, ordinance number sixteen ninety nine and seventeen hundred, an ordinance amending the official land use map and ordinance amending the official zoning map of Draper City for approximately one point eight seven acres of property located at six ninety three east, one thirty eight hundred south, seven zero three east, one hundred thirty eight hundred south, and 1377 South Shadow Mountain Lane known as the Bell Peterson Gustin land use and zoning map amendments staff report by Maryann Pickering. Go ahead, Maryann.

Thank you, mayor. This is a vicinity map showing the properties. There's three properties related to this application highlighted in red. This is 138, and this is 4th Street for reference. Again, here are the three properties that we're discussing as part of this one application tonight.

The current land use is split between the three properties. This one is currently zoned residential medium density, and then these two are the residential low medium density category. This is the existing zoning map that's in place today. Again, that one that has the RMD land use designation is actually zoned RA2 and the other two properties for consideration are RA1. These again are the proposed conditions or this is what they wanna have as part of their land use amendment.

What is proposed to happen is this Bell property which goes all the way back to this property line here is going to be split into be approximately about 13,000 square feet. And so it would meet the minimum for the proposed zone and then this proposed density of medium density. The Augustine property right now has that medium density designation, and it would be, the land use would be changed on that one to comply with the proposed zoning. The proposed zoning is here. The Bell property again, it would be r three, this orange color that would be, compatible with the proposed land use.

And then the remainder of the Bell property, Augustine and the Peterson property here would all be zoned RA two. The intent of the property owners is to change some property lines around. I'll get to that map. This one. And so the Augustans are going to basically be purchasing the bass back part of the Bell property here, and then there's a portion that would go to the Petersons.

The Augustans are just gonna develop that backyard area. The Bell property is gonna stay the same, and then the Peterson property here would be developed with a single family residence. And I did have a phone call from a gentleman that was just asking for additional information. His concern was that multifamily was gonna be built here, and I said it was not. And I'd be happy to answer any questions you have.

Questions for Mary Anne?

How large is that new lot?

The yellow one. I'm the

one with orange. The orange, I wanna say it's around 40. It's gonna be just under an acre. So that's why we're changing it from RA one to RA two. But there would not be enough land if they ever wanted to subdivide it. Okay.

So you're really only adding one new home.

Yeah. On that vacant lot. The home was demolished some time ago on that lot.

In the whole of the three there would be four homes total. Is that correct?

No, there would still be just three.

Oh, so on the back lot they're not

They're gonna improve it with some landscape and amenities for their home on this lot. So it's still gonna be three lots for three houses.

Okay.

Any other questions for Mary?

I'm just curious. What's the reasoning on why we're rezoning the red lot? We're not rezoning that, are we?

That one is R A 1 right now, I believe. No. It's R A 2. You're correct. You're correct. Get to that one right here. We're changing the land use on that one. That that's all we're doing is That's all we're doing is to make them match. I don't know why that one had the R 3 compatible land use designation under it, and it has the R A two zoning. Okay. So we are cleaning that up. You're correct.

The other questions for Mary Anne? Sorry. Thank you.

Thank you.

This is this is a public hearing. Are the applicants here? Do they wanna address the council? Come on up. Give us your name and address.

David Guston. 13777 Shadow Mountain Lane. Again, we're just there's three lots now. There's gonna be three lots after this. Basically, just taking my neighbor's backyard, making it my backyard. Pretty much, that's what we're doing. The you can see the R 3. Maybe it's somewhere else for you guys to see on your screens. But the the R 3 on the screen that it was on is already, I guess, R 3 means, like, one third acre. That was already approved because my lot actually originally made it from that other lot that's already R 3, the one that's it's not part of this application.

It was done earlier. And so I guess, how do I go back to that one? There we go. So the do you see the orange R 3? That one was approved when my lot was created. I built a home on it two years ago, and then so just the lot to the east. Is the next one over? I think the plan would be that one would then be R 3 also, like, it's next door neighbor so that I can add his backyard to my backyard. That's but, again, no no new homes. There was a home on the other parcel.

He's getting, like the only reason he's part of the application is because he's he needs, like, a few feet to for what he's planning to build on there. But there was an existing home that he raised. And so, again, three lots. There were three homes. There's still gonna be three lots, three homes. And so, again, just enlarging my backyard, shrinking the backyard on the house that's on 138. Any questions for me?

Any questions for the applicant council members? Alright. Thank you. This is a public hearing. Is there anyone from the public who would like to address the council on item five b, ordinance sixteen ninety nine and seventeen hundred?

Alright. Seeing no public comment, I'll close the public hearing. Council members, what's your pleasure?

Mister mayor, I make a motion that we approve ordinances sixteen ninety nine and seventeen hundred.

I motion by Fred to approve five b sixteen ninety nine seventeen hundred ordinances. Is there a second?

I'll second.

Alright. Second by Bren from the faraway land. Thank you.

Are there

any further discussion? On hearing none, Fred, how do you vote? Yes. Brynn?

Yes.

Tasha?

Yes. Catherine?

Yes.

Items approved unanimously four to zero. That takes us to item five c, which is an action item. It's approval of resolution twenty six zero nine. It's a resolution expressing Draper City's intent to adjust its common municipal boundary with Alpine City authorizing and scheduling a public hearing and providing for notice thereof. Kelly, that's yours. Go ahead.

This is the item we talked about in the study meeting. I do have David Mortensen here if you have any more questions. It's just cleaning up that little 14 foot boundary adjustment between us and Alpine that we talked about. And this is just to set the public hearing which will be April 7.

Any questions for Kelly? Alright. Some action items or motion?

I I'll

second.

Very good. We have a motion from Bren, to approve action item five c, resolution twenty six zero nine, second by Katherine. Is that right? Yes. Alright. Alright. Any further discussion? Alright. Brynn, how do you vote?

Yay.

Katherine? Yes.

Tasha?

Yes.

Fred? Yes. Alright. Items approved unanimously, four to zero. That takes us to item six unless there's any other business council members had or staff had they wanted to bring up.

I'll let council go first, but I do have a couple of things.

I I don't have anything right now. I just wanted to give you a little bit of

an update on the legislative process, if if you will. It is afoot. They're in now week three, I think, the beginning of week three. There are a number of bills the league is tracking that have, you know, interest and significance to us as municipalities. If you're attending LPC, you're getting that update. You can either go in person or hit the link. They've they've been the most attended LPC meetings in league history, like 400 people in every meeting going forward. So the the league I'm not up there as often, although I have testified once already. So I guess I have been up there a lot. It's already this is only the third week.

I testified on the UTA transit reorganization bill. There's some other stuff coming up. There's some land use bills. So far, there's not any battle cries just yet, but standby. So I can't think of anything really pressing to get the tax property tax bills are flying around in all kinds of different iterations but there hasn't been a coalition or coalescing around one particular one trying to think there's there is still a chance on the LUDMA bill where the developer side of the world would like to, you know, have their complete and total way with this state.

And then we're, of course, trying to keep some resemblance of land use authority for local government. So but I'll keep you posted. That's all I've got. Go ahead.

You may be aware that the legislature passed h b 48 last year regarding the WUI and the high risk assessment areas. Even though this is a state piece of legislation, there's a lot of discussion and concern, I I guess, and and desire for information of the residents of Suncrest and South Mountain. If you've if you went on to the state website to try to figure out if your property was in a high risk area, I I would say from an IT perspective, the it's a mess. It's it's really hard to figure out. So I've I've talked to chief Smith, and we're proposing that we we conduct an open house here where we actually can print out a static map of you know, projected and and engage with residents as to, what h b 48 means, provide, I

guess,

our interpretation. You know, chief Smith asked, should we invite the division of forestry and let forest lands. I can't remember what the name of the division is, but I'd prefer not to. I think we can handle providing the information and then direct folks to the proper agency to get additional information. But there's there's just a lot of questions as to am I in, you know, am I in this high risk area?

And if I am, what does that mean? And so I think as a city, we can do a lot to provide correct information for people. So if you're okay with that, I'll work with Kelly, and we can find a an evening that just spend an hour here to invite people to come and engage with them and give them information.

Is there a consensus on

that? Yes.

Yeah. It seems like a great idea. I think

it's a great idea, although I think there's some pieces that we don't really know yet. Correct. Like who's assessing land and

You're absolutely right. The the rulemaking process has not been completed. And so I I think the best we can do at this point is say, you know, here here here are the boundaries of the high risk area. Here's what it probably will mean to you. We we won't know how much an assessment costs or even who's going to do the assessments. Some of it may be stay tuned for more information, but I think it'll give some comfort to a lot of people, and it might raise some anxiety for other people when they find out, well, come in a you know, what what the state's been deeming or deems a high risk area. So the map is that portion is done. There's still, to your point, there there's, you know, more information that the state needs to figure out. Yeah.

Yeah. And I think acknowledging that there is some confusion still on figuring that out maybe can help alleviate some concern.

Do you have anything to add, Clint, to that?

Obviously we want to make sure that they have good information but also help them understand that this is not us, it's the state and help give them, appoint them to the accurate resources that will help guide them through that process and give them as much up to date information as we have. And there will be, depending on the timing of that, there may be another bill or two that's working through this current session that may play into that a little bit as well. There's HB 41 is actually trying to get the updated WUI code into state statute. We're working off the 2006 WUI code, which is pretty watered down from what the 2024 code would do which really when 48 was passed last year, was really based kind of on the premise of the updated WUI code. So we really need that one to get past even though we know there's gonna be some challenges.

We are working with representative Peterson right now who's running h b 41 to to try and make some of those tweaks and help give him some better understanding to try and get that updated code in place. And there's also he is also running another code or excuse me, another bill. I just had it slipped my mind of what number it was. But it has to do with basically authority that a city or a county cannot basically restrict a homeowner from removing vegetation that's on their lot when they are within a designated WUI area. And it also actually specifically calls out HOAs in there as well.

That's a good thing in terms of if insurance or someone else comes in and does an assessment on a lot and outlines some of the risk factors that have to do with vegetation on their land, the homeowner should be able to to take the proper steps to mitigate that without having somebody tell them that they can't on their own property. So we're working with representative Peterson on well as well to get that one passed. The one thing that we are obviously trying to help everyone realize is that doesn't mean people should should or, or it's a good thing just to go in and clear cut their land, as it comes to slope retention and a few other things. But I think we're in a good place on that bill as well.

Anybody have anybody else? Go ahead.

Excuse me. I've got a couple more things. There's been some information being passed around up in Suncrest regarding the the shoebox property. I asked Brian Maxfield to weigh in on what water is available. And and, Scott, if I've well, I've got Brian's email here, but if if, Scott, if you wanna add anything.

But the water zone where the shoebox is located, there's approximately 70 ERUs of water left, which is the equivalent of 70 single family detached homes on one third acre lots. Now, I think it was Doctor Horton came in in the 2024 with a concept plan for was it a 172 units, Jen, roughly?

Yes.

Okay. And they were just kicking tires. I don't know that the property's been sold, but the information being passed around is that something is imminent and that city staff is on board with a 172 units, which we don't we don't have the water for that. So that's a nonstarter. And so until we see something concrete that fits our code, there's you know, it it's just rank speculation, and, I'm not sure what's motivating the discussion now. But What

what property is that again, Mike?

That's that's this the Mitchell property, the the square rectangle.

Up on top? Yes. Yeah.

And and it's you know, the colloquialism is a shoebox. That's how it's known. It it is a commercial zone of

Yeah.

I think it I believe it's CR, which is a regional commercial zone. That is a holdover from, I I wanna say, like, the eighties.

Yeah. When Suncrest was I think there was the there was, like, gonna be a conference center up there and a hotel and some other commercial type amenities, but, obviously, those never came.

And 5,000 more homes. Uh-huh. Yeah.

Housing or they need a zone change? They

would need a zone change.

Even high density. Correct. Yeah.

Yeah. Our code doesn't allow housing in commercial zones.

Correct. Yeah. So there's no residential that they can build under the current zoning. So so any residential would require a rezone.

So this this concept plan, which, you look at the date October 2024, is eerily reminiscent of the one that came before the council. Was that pre COVID? I mean, it's been it's been It was pre COVID. Yeah. It's pre COVID and, was was rejected. So This plan required substantial cut

correct, Bill, and total alteration of the property.

But we

could have a 179

units,

but you're saying max water is 70.

Correct. Yep.

So that that that is always gonna be a constraint. Our system does not is not designed for I mean, we're that's the capacity that's left in the system to to

This died of flaming death. Yes. It burned Yes. Like a giant heap.

I don't recall.

Yes. I can't imagine. And the issue and the issue as much as anything was

I don't

know who did that.

It's a mystery.

Was all the cuts and fills. That was a major point of discussion with the the plan.

So So you just wanna make clear there's no application before the city. There's no eminent 170 units of anything. Right. It requires a zone change if there's anything gonna happen, which of course goes through the zone changing process.

Right.

And there's a maximum of 77 acre ERUs. ERUs. Okay.

Alright. Residential units. Anything else? Yes. I do have good news.

So last, May, I submitted, and the council had, passed a resolution of support, through representative Kennedy's office in congress for a, I wanna get the word right, because it used to be called a an earmark, but then now they're called community project funding. And so we had put in an application for some funding to assist us with creating a redundant waterline and and upgrading the system up there. And I got noticed that we've been awarded $2,000,000. And so we're in the process now of, I I received an email with, you know, there's there's some things we need to do to prepare to to receive this money. And as staff, we'll be working on making sure we meet those goals so that we've, you know, can use that money to kick start that that develop or that that project.

So that that good news that came in. That's all I have.

Legal does have one issue. It's not $2,000,000 but it's a lease term of unusual length. I'll let Mr. Duchene speak to this.

Hi. So we have two cell companies that are lessees on our property, both of which have asked for longer term extensions on their leases. And I'll just give you some brief details. They sent some over to me. I said I would talk to counsel about it and get your direction before I begin any negotiations with them.

The first sell side provider is offering wants to do a five five year terms with auto renewal for five additional terms, so a total of a twenty five year possible total extension with thirty days notice of termination on any of those five year terms. They also want to eliminate from the current agreement the city's prior approval for an assignment of the lease. And this is up at Potato Hill site, and the original contract date was in January 2012. The second cell site provider that's a lessee, they would like eight year terms with five possible, extensions, and that would be a forty year overall term. They have included in their proposed amended terms a thirty day right of first refusal if we receive a bona fide offer for the property on which their sell side sits.

They also have in their agreement a 10% increase for each renewal term. So currently, we are at $18.15 a month for that one. That one started back in 2015, and it was originally five year terms. They wanna move it to eight year terms and five of them. So do I have any direction from the three of you about what to do next?

So on that, they're saying that a 10% increase

after every eight year term?

Yeah. So every eight year term, we're getting 10% more for our annual for our monthly rent.

So that's like 1.1% annual increase.

Well, I'm not good at math because I went to law school, so sure.

But you're right. Like, the 10 increase for eight years is

on the lower side.

Yeah. Are these located both at Potato Hill?

No. The second one is located, you know oh, it's at Galena Hills.

Are they adding any material or construction on those sites or they're just using infrastructure just for a longer term?

Not at this time, but it's anticipated that that will happen. We have six gs rolling out. That's the next thing. And the infrastructure is going to need to change. One of the representatives that I spoke with said it doesn't really make sense for them when they're rolling out six g to stick with shorter terms, that for them, it makes the most sense to try and get sites locked down for as long as possible.

To Fred's point, is it possible to push back and negotiate a little bit for a higher rate if we're giving these long terms?

I can do that if you'd like. We've got three on board for me to go and negotiate these terms and come out to something that's agreeable.

I mean, we gotta have an agreeable

If if you give me some direction, I can I can start negotiating that way?

Get as much money as you can.

Yes. I agree. As much money as And you

I don't even know if you could if you necessarily could say a percentage, but is there some type of index or something that we could follow? Inflation index or something?

Yeah. So we are we have certain limitations on what we can charge under state law. So we have to and that goes with all of the things that we charge for. So we're not gonna be venturing into the realm of unreasonable here, but we're not like a private property owner where we can say, you know, give us the sky high rate. So governments governments typically are a little bit more targeted by cell site providers.

And to an extent, I think there's value in that for governments to be cooperative partners because what we're doing is we're providing infrastructure that people rely on all the time. These two cell providers, I won't say which ones they are, but they are major players. Chances are you have cell service with one of them. So if they have to up and leave, cell coverage is going to change a little bit. So there's value in being cooperative and working together as a partner. I certainly will pursue as much money as is reasonable and legally permissible if that's your direction.

Yeah, just think it's fair to get the right amount of increase if you're going to lock it in for forty years. I mean, that's

do three of you feel the same way? That's the question. We've got to

get three on Go for it.

Make as much as you can. Yes. Yeah. Anyone else have anything else? Mayor. Alright. Is there a motion to adjourn?

Mayor, I have one quick thing for you over here. Sorry. In the spirit of just a little bit of revenue for the city, it's not the $2,000,000 that our city manager got, but we did submit through fire for what is called another Wildland Urban Interface Preparedness Prevention and Mitigation grant. It's called the WUI PPM. We actually got a grant.

It's administered through Utah State's forestry fire and state lands. We've got a we got a grant awarded last year for a 120,000 for us to do the Mercer Hollow fire break that we're continuing on this year. We submitted another grant and just got word last week that we've been awarded $200,000 through the WUI PPM. Ours we did a specific grant just for equipment to support our mitigation efforts so that that money will help us buy an additional chipper that'll be dedicated to fire so we can have more chipper days up in our wild and urban interface area and also a pull and catch truck for that chipper program. So we're working through.

I'd previously worked with city manager and John to make sure that we could support it. If there was a match, there is ended up not being any match for the city. But we did get that notice last week for $200,000 So another good good add for the city.

Alright. Thank you. Is there a motion? So moved. Alright. We have a motion to adjourn and second.

I'll second.

Alright. All in favor of adjournment say aye.

Aye.

Are there any opposed? Alright. We are adjourned.

Goodbye.