We do close to around a development.

Yes.

And I was standing on the case.

Right, ladies and gentlemen.

Um we do have a need for a closed meeting for two items, one um land acquisition and development during the discussion real estate.

Is there a motion to close the meeting?

So the motion by Fred Second.

Second.

By Catherine.

Catherine?

Yes.

Joshua.

Yes.

All right.

We have three to go in the phone to go into an 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 heavily.

And it's kind of a sticky point between like parents who want the 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 trends start off and just give you a sense for what's been going on just in the past two years between 2023 and 2025.

Um 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 cities as well.

Um I don't want to do his presentation for him.

Is he here?

Oh, okay, great, come on up.

You're kind of just filling down here.

Uh hello, my name's Lee Chaplin, I'm the crime analyst for paper PD.

Um, so Chief Ferguson asked me if you want to go to look into this topic of electric vehicle accidents.

Um primarily looking at scooters.

Um so for context, we looked at uh January 2023 through December 2025, just a month and a half ago at this point almost.

Um we had twenty-nine accidents involving electric vehicles, obviously not including parts.

Um twenty-five of the twenty-nine, which is obviously the vast majority were electric scooters.

Um these accidents were distributed evenly throughout this city.

Um there was no concentration in school zones or residential neighborhoods, uh, which is kind of surprising given that they are primarily German by adolescents.

Um the ages of the individuals involved in all these accidents was nine to fifty-eight years old.

Um so wide range, however, mostly written again by juveniles.

Um twelve of the accidents involved, children fifteen years old or younger.

An additional five were between sixteen and seventeen years old.

So that's 17 of the uh twenty-five that were driven by juveniles total.

In terms of fault, um, reading the reports and looking at the uh body cams, at least 12 of the accidents in uh looking at the evidence were due to the scooter occupant driving recklessly uh with access speed.

And I say at least flow because I think it's more than that, but that's how many were it was obvious.

Similar to car accidents, it's very difficult for a police officer to determine that after the fact, uh, unless you have witnesses or um traffic cameras.

Uh sixteen accidents occurred in the crosswalks.

Again, that's the vast majority.

Um 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.

Um in terms of uh sorry, personal map.

As you can see, our primary campuses in Draper are Corner Canyon, only three in that area.

Um the vast majority happened actually at one twenty-third in State Street.

Um there's another dot hidden behind that one to the left.

There's actually seven in that area alone of one twenty-third in State Street.

Um so seven again of the twenty-nine.

All those in red had injuries, which was sixteen total.

That's get that is scary to think you'd have someone under 15 years of age in that high traffic area on a scooter.

So why are they happening in crosswalks?

Is the scooter crossing the crosswalk?

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

Um but they're the scooters in the crosswalk.

Yes.

Okay, just John.

And again, 16 of the 29 that currently crosswalks.

Um other locations where parking lots had a few.

Um the sidewalk um sidewalks had I want to say three.

But the primary uh location was crosswalks.

And again, all those in red are injuries.

Um excuse me, it was 14 resulted in injuries.

So of the 29 total accidents, 14 resulted in injuries.

Thankfully, we have not been had not had anything that was catastrophic or fatal.

Um that said seven of those fourteen were significant enough that the rider was actually transported to the hospital.

Um, everything from broken bones, broken teeth, to um obviously scrapes and bruises.

Um, this is just an example.

Um the chief actually uh saw this while driving home about is in 2024.

Um a 15-year-old rider was he estimated 25 miles per hour.

Um this particular model can go about 40, so it's very likely he was going faster than that.

It actually he didn't crash into a car or a car was not involved at all.

He actually just lost um his balance and crashed into a crashed in the sidewalk and then narrowly missed hitting the curve of his head.

Um and the damage was significant enough that the scooter was actually total completely.

So that'll go 40 miles an hour.

Yeah.

That scooter right there.

Yep, that's crazy.

Um, we've heard of cases where if they have governors are taking them off.

We've heard of cases where if you have pedals to make it look like it's assisted, they're adding them just for show.

So maybe that's just a scooter, that's not trying to fake out how to do a bike.

It's just 40 mile per hour scooter.

Right.

Um in terms of a little bit more context in terms of time, why we chose the dates 23 to 20 uh five, 2023 to 2025.

Um, this was not an issue several years ago.

In 2023, of those 29 accidents, only four occurred in 2023.

15 occurred in 2024, and then 10 in 2025.

So obviously 25 was a better year, but still a significant issue in Draper.

Um that's all I got.

Um, 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 Draper PD.

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

Um I don't I'm sure they are because we use the same reporting system that they don't have prime analysts like we do.

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

Yep.

I mean 10 and 25, so almost one a month, and then in 2024, over one a month.

We we had one yesterday, but and after hitting the the car, he fled.

So the estimated be about 14, 15 or 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 uh electric motorcycles, electric bikes, and also gas motorcycles as well.

Um we had a suspect or a 14 year old who lived in Bluffdale, and yet you've 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.

Just a couple questions.

Is it against the law to ride the scooters in the crosswalk?

So I don't 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.

You can write it in the crosswalk.

They're not being reasonable and that's what the statute.

Okay.

That's trace will show the code is quite convoluted, like if it goes way beyond my comprehension.

So it's um a gray area for scooter.

Okay.

So my my other question is is there an age for scooter electric scooters in the code?

Is there an eight?

Like, do you have to be a certain age?

It's eight.

It's for a sort of it's not a good thing.

Well, it is it's for the one that wrecked.

You can ride it as an eight-year-old in the street.

Wow.

Which how much do those weigh?

Wow.

They're heavy.

That means that that was really difficult to pick up.

So maybe a hundred pounds or the eight-year-old problem.

Yeah, yeah.

Well, it was the 14-year-old lost control, right?

And he wasn't dodging a car.

I mean, it was just his own error.

He was riding down Banger and I saw a crash and he's got speed wobbles and whatnot.

But if you had hit the corner of the curve of the head, it'd have killed him.

So you got very lucky.

Those electric serons will go 100 miles an hour.

Especially if they take the government off of them.

They'll do 80 government.

And you can't hear them.

And you can't hear them.

That's yeah.

Yeah.

Thanks, Lee.

No problem.

So just to kind of get into sort of the um the law itself, um, these were convoluted.

I'll use a scientific term of hot mess.

It is like all over the place.

So just really quickly, um, in my mind, scooters was always a little razors that you saw 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, handlebars to exceeding um design allowed allowing propulsion by human power alone.

So design allowing it, but I think in practicality, you don't really see people like just doing this by human propulsion alone.

Um, and then maximum 20 on paid level surface.

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 things that bicycles have to follow.

So driver's licenses, certain lights and corn and mirror requirements for bikes.

Um, they're not entitled to full lane entitlement.

That's actually going to stay the same, at least at the current law that I'm looking at that are 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 a motor on.

And um right now the law says on public property, highways, paths, or sidewalks, but the way the law is being written right now, it that would convert to on a highway only.

But we're retaining our ability to regulate it on sidewalks.

We didn't touch that part of the statute.

Um carrying more to passengers than designed for.

You probably see some of those kids riding where they're like super stacked up, like on the scooters, and um they're not supposed to go over 15 miles per hour, not allowed in public parking structures or area post is prohibiting a bicycles.

So, Catherine, to your question, they are allowed in crosswalks if operated safely.

Um, but I think what we're seeing is that's not being operated safely.

You've got kids that are just really.

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 bicycle um.

So when it has the motor off, it's considered non-motorized, um, unless it's locally prohibited.

And just really quickly, I wanted to introduce to you, Jenny Johnson, our new city prosecutor who has been dealing with um 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 going to 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 uh 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 handle in a prosecution type setting.

Um so what we'll be asking you all to think about as we get to the point where we're getting ready to write some code is uh really clearly objective identifiable criteria that we can look to and that our officers can look to for deciding what's a violation and what's not thank you right now.

That's just an infraction level, speaking of violations, and then the way that state law is written right now is that it allows cities to regulate um scooters to some degree, including sidewalking kind of speeds, and that's being retained in the proposed as well that we can regulate this on our sidewalks if we want to.

Okay, so speaking of sidewalks, um it's only allowed on sidewalks if the um 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 riding these on sidewalks all the time.

Well, this is how it is right now.

So this is the current law, and yeah, so the current code and um we do not, like I said, we don't have an ordinance that allows kids to write these.

I think we've understood that they were allowed on sidewalks.

I did understand that.

Yeah.

So we don't it we just don't have a code that allows it.

And then um, 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 you want them in the streets?

Now you'll see with some proposed law change, maybe that will factor into your decision, like on how you want to treat that.

Um but just generally speaking, we have adopted the state traffic code.

Um, we have generally prohibited motorized vehicles in our parts, trails and wreck areas in Title 15, and it's unlawful to use scooters or similar devices in a dangerous center or two that start otherwise.

So that's just kind of the city, the what we speak to scooters about.

Um 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 unstage one encryptor, it's in disrepair.

But you probably notice that you're running into parents who get really agitated when the police start um kind of stalking 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 the scooters.

So um I wanted to let Chief uh Bergerson kind of take it from here, just after um, so he can kind of sum up here because one of the things that we have seen is that Representative Cutler has sponsored HP 381, which is now on its second substitute.

So we're seeing some changes because this is it is a problem, right?

So uh I think a lot of cities have different approaches to how they've been trying to regulate scooters, but the new um proposed bill would allow eight to fifteen-year-olds to operate scooters and e-bikes 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 crosswalks.

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 conference.

Right what that means.

Um, it will allow 16-year-olds to operate it without adult supervision or the stating certificate, and then it does impose a helmet requirement for anyone under 21 years of age unless they're ranking at like one of those line scooters situations, um, and then cities can still prohibit e-motorcycles and the high power e-devices on sidewalks and trails as well.

So I'll 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 you are you wanting to start a wanting to approach this?

So, Tracy, if we prohibit e-motorcycles on sidewalks and trails, that basically prohibits them in the city.

Because if they're not won't be allowed on a sidewalk and trail, they're not street legal to be allowed on the street.

Correct, right?

So where would they be allowed off road where they're intended to go?

I mean, they're they're intended to be in West Desert vehicle, not in West Desert or somewhere where where they can ride on Cottonwood Heights of course.

It wouldn't be forcing easier if you wanted to go in that direction.

So I'll just sit here, but um the the things that we're looking for is something actionable by the council.

I mean, I read through the the 1350 lines of the new proposed law, and it it gets really confusing, but um things like 21 and under have to have a helmet, that's pretty easy for us to look and say I think that guy looks like he's 15, he doesn't have a helmet, I can pull them over.

But when we start getting into some of the other things, um it gets really gray area for us 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 on like right down here in the city trails.

Um and if we want that, do you want to create some there?

I didn't see anything in Cutler's bill about um giving an audible before you overtake a citizen or a pedestrian from behind.

Do you want something like that?

If we don't want them on our sidewalks, then you have to consider this, and this is something that I battled in provocate is we want to 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?

Um if they're in entering into a crosswalk where we're seeing the majority of our accidents, they're entering the roadway at twenty miles an hour plus.

Um do you want them to get off it and walk across it?

Um 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.

Um, Tracy and um we put together some things here, so we'd we would cite them and prosper them under city code.

Yes.

Yeah.

We come up with our own code.

Yeah, and you we could all work together to find out.

Sandy City, for instance, adopted one sixteen and under camp random, period.

That's their easy way out.

But believing also that sixteen and over are probably gonna get a driver's license to drive a car anyway.

Um has it worked?

Their chief told me so so, but it makes it easier to enforce.

You're talking infractions in the city code and like maybe an excalator to get three in a year because on the e motorcycles, they're not insured, they are causing accidents, they are fleeing from us, and we do when we do pull them over, we have an impact when they send it for us.

But they are a big burden in the city, and you're seeing a lot of people.

When they flee, are you able to catch them?

We'll find them later.

Um 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 and we watch them, you know, with a drone or something, pull and dismiss and then they 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's just we don't chase them.

This is some 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 every day.

It causes problems in the parking lot, it causes problems in the the you know, there's a lot of traffic coming, um, and and so it's definitely a problem.

And and I I love the idea of you know, easy actionable, requiring a helmet, requ like if they're gonna be riding them.

I think the real worship 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 um, so I think that's a big question.

What about in front of those electric motorcycles when they're at school?

Was will the district work with us to let you go on the um 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 in pound the bike.

But the scooters no.

Not working about the e-motorcycle.

The motorcycles we can do.

The motorcycles are yeah.

Um 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 off, and you just don't see a problem with those.

And those are allowed on our trails.

Any questions?

Do you want to propose some city code that's with some actionable stuff to bring back?

We can do that.

We'll continue to just monitor the bill as it goes through and see what they do.

But so we wanted to put it on your radar to just kind of highlight the existing deficiency, the proposed fixes, the issue that we're dealing with in the city, things you might want to consider what you want to see, you know, going forward.

Like how do we the city want to start treating this to make sure that we're you know keeping kids safe?

And I I think that's probably you know the overarching goal here is the policy document.

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 twelve or thirteen at the or even older.

But I'm just saying Sandy's banned the scooter or you just ban it under sixteen.

I mean that's under sixteen no scooters or anything I mean that might be something we might want to consider there's gonna be a lot of parent pushback um from that we have um those parents who like give their kids a five thousand dollar scooter to drive to school like I'm not saying they're right.

I'm just gonna bring back to it is the traffic accidents we've had and that's been that 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're not for 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 and just say no can't do that.

They have to commit it a violation in front of us.

It has to be reasonable cause and it has to depends on the national fourth amendment's not all that important across the board.

Um still is here in the state of you if if they pass it 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 afoot.

I'm just getting it a lot of a lot of the kids that we deal with are very respectful um they just they just want to get to school.

I'd be comfortable with like 14 15 yeah but not really any requirement it's scary in terms of in and under required period.

Require helmet Yeah.

But then if you want them on the sidewalk the biggest thing is sidewalks and crosswalks.

If we do sidewalks there has to be a speed limit I would think.

Yeah the bike speed right now there's no speed limit.

So bike speed limits fifteen on a trailer well what was the speed limit University of Utah put on theirs.

Probably 10 some something their trails?

No they did a speed limit on their sidewalks a couple years ago.

Yeah that's what I mean trails are sidewalked as some it's like 15 or under at least that's what I understand bikewise.

Unless there's no one on it you know but it's a people around then you gotta do an audible pass on the left and call out but even fifteen's pretty fast if there's people it's very slower than 40 though.

So the safety certificate we don't know what that's gonna be yet right but we can make our requirements more stringent.

You like you could put a speed limit on the sidewalk and you could say you know 10 months per hour as your you could require the audible as you overtake somebody.

They can make it more stringent not less it's gonna be hard for a prosecutor to enforce a speed limit but if she has enough witnesses that say I think it was this that might work but but no helmet easy.

No audible call probably easy well easier but not really I think they should get off to use the crosswalk.

I think you're really unsafe that they're squeeze a great way to slow down.

Right if you have it should be the same as a bike.

Well we have data to really bike yeah I I do I make the kids do it.

Yeah but I think the other thing don't want it's we don't want it to trail the right so do you want to leave it prohibited or do you want to put them but they I think that's where a lot more complex I don't want kids that are under four to not use them.

So that's gonna cut out a big chunk of regulation right yeah that's good Josh easy to prove do has the has Cutler's bill made it out of committee yet?

It did I don't know yeah it's unopposed wasn't it didn't it say that you feel you said it's between the stat the status how do we feel about the age I I'm good with fourteen I'm good with over eight.

I wonder like it would be interesting to see the difference I I think fourteen you basically cut out the junior high because kids turn fourteen and eighth grade or to a certain extent and and I think that could help a lot but but I do think um like at Baker Park and and the other schools we have so many kids who don't qualify for a bus who don't want and so there are a lot of people who I think rely on that.

I would be interested in like if we set the 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 I would run like vehicles on the roadway.

Yeah.

But that's the part where you trust the hope that the parent is gonna use judgment through obviously it's only to state creative.

Well, that's why I'm saying you would hope, but you don't see that.

It's helpful through the world.

Yeah, it's on third reading.

So it's I just don't think to school, I guess.

Oh, the next item we got the issues thank you, Tracy.

Let's let's go ahead and take Lindows out of the reason.

Chapman, thank you.

Thank you.

Thank you for PDF for a few months.

Uh power.

Uh I have two policy.

I have a couple of items for you tonight.

I'll try to be as brief as possible.

We have a communications policy that has been drafted and would be coming to you soon for approval at a council meeting.

This expands on what has been in place for creative city with communications.

There was an existing social media policy to some degree, and um also touching on employee use of social media, and um what was 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.

I know of three or four cities currently that are looking at implementing a communication policy because they have nothing, and they're currently dealing with contention among council, mayor, and public image issues.

So um the reason it matters is because we communicate constantly and we have a variety of audience uh residents, businesses, media, partner agencies, and our employees.

And every email press release, post and public statement reflects the city's credibility.

So if there's a mistake, it can be spread far and wide and really affect the image and um credibility of the city.

So a policy that's comprehensive ensures that those messages are clear, consistent, lawful, and trustworthy.

Um a main area of focus is consistency and accuracy because without a policy, messaging can become fragmented as different departments or leaders are saying different things about the same topic.

And a policy defines who speaks for the city and how information is approved and what standards apply.

Um consistency prevents confusion, reduces rumors, and helps residents understand what the need what the city is actually doing.

Legality is a huge part of this.

Um 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.

Um this coming April, the federal government is we have a deadline for accessibility uh requirements that will go into place, and so we're really looking at everything now as to how to comply with that.

Um so that that is part of it, and it reduces the risk of unauthorized statements and misinformation or legal exposure, and that protects the city and the elected officials.

So for you as elected officials, uh, you have a unique role as public leaders and communicators.

The policy clarifies when officials are speaking on behalf of the city and when they're um speaking in a personal or political capacity, and it doesn't restrict free speech.

That's one of the criticisms that communications policy sometimes gets.

Um it just provides guardrails so that officials can communicate confidently, accurately, and fairly, and ensure that residents receive the same core information.

So some practical examples that uh of things we want to avoid.

We want to avoid contradictions, 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.

People know where to go to central official um channel, and this prevents confusion and preserves public confidence in the city leadership.

Another example with media, reporters contact multiple employees or officials for comment if there's inconsistent answers, 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 and 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 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.

Yeah.

Thinking about that.

Um the crisis plan can be into either integrated with the communication policy, or it can be an appendix to our emergency operations plan, and that's a decision that we'll have to make.

And so the reason why this is happening, or why we're proposing this, is because it is a best practice.

Um, as I mentioned, there's a lot of cities dealing with issues because they don't have a policy in place, and there are entities dealing with issues because they haven't followed the policy.

So it's not about control, it's about keeping that trust that we have with the community, um, 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.

Um effective communication is essential to effective governance.

Um there are any questions.

I feel like you've talked all about policy, but I haven't seen a policy.

Are you going to do that?

Yeah, I actually for the sake of time, you don't want to like go through it step by step, but I do have it in the file if you want me to pull it up and just kind of show you the headings and the sections of kind of what it covers, if that's helpful.

You want to see that?

So it's not a good idea.

Well, we we have had the social media policy to some degree.

Um that one okay, and this was adapted from a combination of other cities and of situations that have come to our attention while dealing with questions and concerns in drapers.

So it's not something that doesn't exist out there among other cities, it's very common.

Um I can't really make you okay.

So there's a section that covers social media, defines what that is, what the purpose is for the city using social media, the policy for who can be an administrator on the different city social media sites, um a lot of times we get requests internally for certain departments to start their own Facebook page or that type of thing, and it's more effective for us to stick with them a main city account rather than diversifying among you know 10 different departments because people typically don't want to follow 10 different pages.

So we get requests like that.

Um it establishes groups versus pages, um, how we can keep track of everyone's logger IDs and login IDs and passwords so that if someone leaves employment, we're not left with no access to the account, which has happened.

We also have city-sponsored groups who have asked for accounts like Draper Arts Council, and we've tried to funnel them through our main city accounts again for the same reason.

Um we've also had incidents where volunteers, for example, the Ms.

Draper program years ago, used to have every new Miss Draper each year starting Instagram, and then when they are done being the straper, we have like five different Draper City misdraper accounts.

So that becomes problematic because for just clear communication and city image, we don't want to have all these unmonitored accounts hanging out there.

Um this covers I think we've already talked about all this, and you know, following the related laws for public records and HIPAA, making sure that accounts are official, it's blue check mark type of thing, direct messages, whether they're allowed or not, uh monitoring content.

Then we have a social media use policy, and this tends to address more from the user side.

Um as you know, First Amendment wise, we can't delete comments, but there's certain things that we've outlined with the help of our legal staff uh are not appropriate for the page where we might be able to hide the comment and um make sure that the content stays appropriate to our audience.

So this outlines all of that, and this is linked to all of our social media accounts, and then we talked about copyrighted material.

There's a section about employee use of social media, what's appropriate.

I'm just going fast for the sake of time, and you will see this full copy when it comes before you, but just to give you an idea, um, like social media use at work, um talking about city matters on personal social media pages.

Um there's a section for elected officials with recommendations like best practices for elected officials on social media.

Primarily what you want to um considering.

I'm uncomfortable with a lot of this.

Okay, these are just recommendations, it's not a must do.

Um because sometimes in cities, um, city council members or other officials have created unofficial pages and have talked about matters that are coming before the city in a way that created problems.

So our recommendation has always been to do official government pages separate from your personal Facebook and other social media accounts, make sure it's verified.

Um, make sure it's clear that this your this is your city council member page and you're not speaking for the city, those types of things.

Um I think some of this I think entails more than just like yeah, you mind going up.

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

Which one were you looking at?

Well, like the what was your question about it?

I'm just reading through the can trying to I do think I just don't need to, I don't know.

Um D 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, like legally I can do that on my yeah, none of this is saying that you can't legally do this.

You sort of just recommendations on issues that have come up publicly in other places, and this was all put together from other a combination of other cities in Utah and nationally this.

Yeah, I I don't really want this section on elected officials and what we should or should not do.

I don't think really I want you telling me what I can or cannot do on my social media page.

Okay.

And it's not you can't, it's just but if this is out there, then people are gonna say, well, this is against the best practice.

Okay.

Does anybody else have opinions about this section?

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 we had is does this belong in the policy or should it be a separate document that's more like uh recommendations when someone's new newly elected and we go through training and we just you know do a media training and say, you know, these are some recommendations based on issues.

I think it could be part of training in other stuff.

But I don't think it should be in any sort of actual part of the case.

But I like the idea of at least giving us direction, you know.

I think about when I first started, and I think for you, Catherine, you know, the reason why you want to maybe avoid certain things and yeah.

I mean, I think you probably never understood you didn't intergauce with the planning commission before.

Right.

I mean, and so yeah, no, I think that but I don't like it in this context.

Well, we're laying out policy for the city.

Yeah, that was one of our questions.

So if I think there's somebody that way out.

So we can take this out of this, like I said, and just put it as a documentary.

And it probably needs to be rewritten so that it's much more of a recommendation and then it is a policy.

Yes.

I I think like the um instead of or encouraged, but like obviously like elected officials are their own person and have their first amendment rights, these are some recommendations.

I mean, like yeah, yeah, like so that 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 but 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 planning 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 they're having cases where people coming in new didn't really understand the boundaries and you know just put themselves and the city in that position for liability.

Like that's a good one.

I mean it obviously I don't think any of us would do that, but you can't just assume no one would do it.

Which one you would I mean that that happens, people create aliases and down here can do it.

Yeah, there's been an incident Utah years ago with that.

Um stick winter.

Yeah.

Sorry, I'm not trying to comment.

So okay.

If everyone's uh in agreement with that, then we can pull this and use that more as 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 and what isn't, so that we don't put ourselves in a go on our council rules part of the we don't get ourselves in trouble.

Yeah.

But also I do think that's something that you know, in your 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 l say to an elected like you can't say certain things if you because they they are saying, Well, I'm beholden to the voters, not too and that wouldn't be intentional.

Yeah, these are just no, I I just think that's this should come out of this completely.

Okay.

Um, and then we go into like the website, website policy, um branding public records aspects related to the website, public notices, privacy policy terms and conditions.

What do we do with this option?

Um uh Mike's discretion, he's still reviewing it, and um we were talking about we can put the lecture and stuff in our own rules we have for ourselves in our reading, so what's uh let's go to the takeout.

Let's go to the we got the last thing on here.

What we do we have two things left?

Uh we got less than 15 minutes, so I was wanting to move on.

Um, quick thing on the on the branding.

Oh, do you have that?

I can have all that really quick for me.

Oh, sorry.

That's a PowerPoint right.

Yes.

Oh.

So we've got to get to the next thing.

So we okay.

So a couple of or a few council members had approached Mike um to follow up on a brief discussion we had last budget season about city signage related to branding, and so I'll just really quickly go through this.

Um the current welcome monuments are pictured here in the top row.

There's three that I'm aware of, and those are the locations underneath.

And then here's an example of part signage.

I was thinking Rhett would be here, and I was gonna give him a minute, but he is in the process of doing an inventory of all the park signs that have the previous logo on it, and he was intending with the budget um requests to include a request to update all of those signs.

And he was intending with the budget requests to include a request to update all of those signs.

Yeah, but just like welcome in 1980.

Yeah.

And so these signs here are an example of some of the park signs that are more like rules and um you know closing signs, and there's one here that's been updated with the new logo.

But one of the questions we want to 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 um replacing that can be you know quite a lot.

So um just something for future discussion and consideration would be like what is appropriate to put the logo on.

Um, for example, our lamp posts out here in front of City Hall, you know, how this logo or this um engraving on them.

I don't know, I don't know if you know, Scott, how widespread that is throughout the city, but my understanding is that the developer cost and subdivisions to put in the lamp posts, and I don't know if they're all being done.

They don't put even this one.

Uh I don't think so.

Okay.

Even those as developer costs, um, we need to consider like do we need it on lamp posts?

Because every time the logo changes, then you have these outdated lamp posts, and you're not gonna want to pull the lamp post every time you logo.

Yeah, that's iconic.

So, as an example, uh Riverton 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 main entrances to the city, it can create a strong impression in the sense of you know, your home.

There's also studies that have shown that it increases economic development.

It creates a more professional image for the city, and that's more attractive to businesses.

Um there's also the wayfinding signage, directional signage that helps point out different attractions um in the city, and it's been shown to improve traffic flow and safety, even though we use our GPS's.

I like that concept.

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 you see the sign, 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 cohesive, it creates a very nice impression.

Um, all these different types of signs are in Riverton now.

And this is just like a smaller welcome sign that they put at every boundary around the city, it's less expensive and it still defines the city boundary.

Um, and then there's the question of digital signage, which we've talked about before, um, which David Wilkes and I are in favor of, and and Rhett, um, because we feel like it could be you know more effective and timely way to deliver information.

Um, there was data that showed digital captures 400% more attention than static signs, and we can use them for emergency alerts and all kinds of uses.

So this is one of the examples in Harriman, and I'm sure if you've been through Harriman, 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.

Um, five years ago when Riverson did their project um for just the landmark signs and the wayfinding 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.

Um they're on state contracts, and they said it would be um around 400 to 500,000 for two.

That was a ridiculous.

So sorry, I didn't do that.

So, you know, there's benefits to it that I'm sure you can recognize and are aware of, so it's just a matter of priority and cost, and how soon you would want to look into that.

Thank you, Linda.

Okay, can we come because I got the statement here?

Is that fine?

Please skip you.

Oh, yeah, I'm wrong.

I'm good.

Okay.

Okay, um, and David, you can come out here to a couple weeks ago, David and I met with fire because we were hoping um that we could somehow, you know, Draper Park is so small for Draperties.

Can you pull up the branding?

Um 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.

So we all met, yeah, the buffer one.

Um, 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 um uh the firework guy thinks it'll be great that the everybody at the park should be able to see it very well, and that our insurance is very happy that we would have it at an off site where we're not um discharging by spectators.

So the 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 uh Pat was in the meeting, he loved it.

He said our insurance company uh yeah, really and Clint.

Right.

They fire approved of it too.

Um so then we start thinking, okay, now we have this whole west side of the park, and then Rhett's not here, but then 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.

Um, and then um 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.

Um, 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 want to be where all the people are for the concert.

So yeah, but couldn't you move some of them over in the parking by the playground too?

I don't know.

Yeah, but probably um that's a great suggestion, perhaps.

But parking's at such a critical uh we have so few parking spots that's really not an option if we do that.

Um so there we have some pros and cons, but we would open up that north parking lot for city vehicles, parks, emergency vehicles, we guys would park there, and then we would open up the south to the public.

Um 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.

Um 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.

Um they would get an additional day of sales, they could be there Thursday.

Um we have a lot of complaints from the vendors that the band is so loud they can't talk to people during uh 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.

Um and then for fireworks, 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 activities.

Um spectators, we talked about safety there.

PD looked at it and they thought it was um safer for the line of sight.

Pat was Pat liked that one a lot.

Um parking on the north side for you guys and the city vehicles.

Um we talked about that, but we we left it right there for now.

We we talked about moving, maybe moving the business vendors because it's kind of uh that's so congested down there, but right now we have it in that same park.

Um the hill by the tree, it's kind of a natural seating area, and then the next thing Brett's not here, but we'll talk about um Friday night.

We're considering a drone show and only doing Saturday fireworks on Saturday night.

And he's got it something we can pull up later too.

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 250 and kind of make Friday night the patriotic, put America 250 up there and try the drone show.

And if people hate it, we'll just say, Well, we were trying to incorporate America 250, we'll go back to fireworks next.

Um 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 over from scratch.

Um the food vendor, we were gonna charge a little bit more to make some more money.

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

Right.

If if you want to go back to the top, Shane could be a problem too though.

Sure, we can put it a couple things in terms of just flow.

Um one is what this layout does to the Thursday event.

Now, as you recall Thursday prior to for our car show on Thursday, uh we didn't allow the handmade uh market and the car show was half a north of the creek and half south of the creek.

Now the car show Thursday is gonna be just entire area will be just an excellent place uh for that car show.

So that knocks it out of the park.

Um much better for the car show on Thursday.

And in terms of the um concerts on Friday and Saturday, this is really an excellent layout.

We'll be able to get um uh more people if that's an inducement.

Shade wise, we don't uh you know you you don't have that willow tree.

We have some shade available but but not much.

And then we struggle with the food vendors.

The food vendors represent uh a large portion of our income, they're the third highest source of income after the rodeo 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 need to move those food vendors.

Um they go to the seniors the retirement center in the parking lot there.

I know that's more parking, but for the food vendors.

Yeah, maybe that's in this yeah, well there's not great access there, isn't it?

Not great access to everybody uh the other county utilizes the facility that they're operating our hours during the R event.

That's one of the cons is the library's not going to be through.

Um just like the vendors are gonna be really happy that they don't have that noise.

You know, the library's not gonna like it.

Um it's it's a great layout, I think, for the concert has some definite con uh pros to it.

Um for the kids area too, driving down 13th east, it'll be kind of cute.

You'll see all the kids' slides and all the kind of park activity.

I do think that was kind of an upside for car show that all the people driving down for two cars, and if you tuck them away here, no one's gonna see them.

I agree.

Except for the children's parade, we'll be going on sometime, right?

That side of the park.

Um yeah.

Yeah.

Yeah, we they saw all the really cool cars, don't you?

A couple years ago, I was like, oh look, and so we went to the city.

I think a lot of people did.

Yeah.

I I did after the after talking to Mike or seeing this on the agenda, I went and just drove in 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 the shade and how we can increase some shade, but but just like this, it's a huge great area for the city.

And I think in terms of shape, the bulk of the concert audience is is in the blazing stuff.

Right, and we're not only a tiny little bit of shape.

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

I don't.

Our um our stunt shapes this year are uh racing pigs.

We got racing pigs, we have lumberjacks, we got the stunt dogs, we have hogs, dogs, and dogs.

Lumberjack show, super exciting.

They put the hundred foot pole, they chainsaws, ax thrown, all types of things.

Dog show from last years, and we have these.

So they're gonna be where the food trucks were in the past too, right?

We've moved things around tentatively.

We stuck that there.

We've got the hogs just north of the mountains.

Because like where you had the stunt team last year and the parking right.

Uh back up there for the Oh the uh BMX.

Yeah, yeah, where the BMX was last year.

Right.

You know, we didn't use that for parking.

You could put food trucks right there too, right?

That's a possibility.

That is a possibility.

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.

Um that is a good suggestion.

And you do have people to play around anyway, so there are people up there.

Yeah.

It's not a dead area of the park.

It is a long walk to the eating tent, though, but we can we can move around.

Yeah, we can move that around.

Are you good with this concept with switches up?

Yeah, I think you guys gotta talk it.

We talk it through more, but I think he kind of wants to move quickly if we can decide so we can start planning.

Hogs, logs and dogs.

Hogs logs is super excited for the stun shows this year, and should be uh great for families.

Umberjack sounds awesome.

Really thin with all Canadian lumberjacks.

Oh, as we celebrate the 250th.

One thing real quick too.

Um we need to get the parade applications out, and we um we would like to prohibit throwing candy from vehicles this year.

It's been recommended by our insurance company, and so we just want to 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 and anything just candy.

Yeah, you would use candy, you change the behavior of the spectators.

You take people who are standing on the side of the road and you're changing the behavior.

What about it?

Near disaster.

There's still would be like you could be walking the side in the thing and we have our business uh uh floats they want to walk along and hand out.

Trader Joe's gave good stuff.

Yeah, yeah.

So there'll still be the walkers, just not you guys are okay with that.

Our largest parade days of 47, the Freedom Festival.

They prohibit it.

So I can see what it's probably smart to do.

We've we've dodged a few bullets.

Yeah.

What one year we dodged a huge bullet, and it was like are you all good with that?

That'll be a that'll be some people disappointed in that, but it is what it is.

Won't be anybody run over by it then.

Well, we can have people thrown in the candidate, it just won't be us off the flow.

We do the walkers.

Yeah, yeah.

Okay, we just need to put that in application that we need to get out of if you're okay with that.

Brennan.

Yeah, okay with that.

Can I wear me with the phone?

Okay.

Um we're about two minutes from 70.

So if you want to use the restroom, let's uh we can talk more about this, I guess, later in the meeting if you want.

Um but we get the okay to move forward trying to rearrange.

Maybe Kelly's first brand on.

All right, ladies and gentlemen, welcome to our city council meeting uh this evening, February the third, 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 Charlberg.

Go ahead, Kelly.

And two of the republic, which is one nation under uh individuality and justice.

Thank you, Kelly.

All right, item number three is next on our agenda.

It's opportunity for general public comment to the council.

Um, is there anyone here that would like to make general public comment?

We're turning the library.

All right, well, come up.

Let me give you the rules.

You've been you've done it before, but yeah, three minutes, give us your name and address and start your time.

Go ahead.

I brought a friend with me today.

So I'm Sarah Brinkerhoff.

I'm here from the Draper Library to share some fun stuff we have going on there.

Um I am gonna share about our winter readings.

So we've done summer reading in the past, and we're also doing winter readings, so it runs the month of February.

You can get a free book and a five dollar fine waiver.

It's a great way to promote literacy, and it's really easy.

Just read like set a goal and do it 20 minutes, and you can get a prize.

So it's a lot of fun.

Um 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 want to invite everyone to come celebrate America 250 with us at the library.

We are um 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.

So that's a great opportunity.

I 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, and so there is a good chance you guys are how these things go in 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.

Um, and if anyone's interested, and 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 20 years old, you gotta update it to keep it running.

So thank you guys.

Thank you.

Is there anyone else like to make a general public comment to the council?

All right, seeing no more public comment, we'll go to item number four, which is uh items for consent vote on our calendar or our agenda.

Item 4A is approving the January 20th, 2026 C City Council meeting minutes.

Item 4B is approval of resolution 2607, it's resolution appointing members to the Draper City Committee Engagement and Events Committee.

4C is approval of resolution 2608.

It's resolution of the Draper City Council disposing of surplus personal property in accordance with Draper City Municipal Code 3-3150.

And those are the items for consent.

Is there a motion?

Mr.

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

Our motion by Miss Lowry to approve the consent items are second.

I'll second.

Second by Fred.

Is there any further discussion?

And Bryn, you're on, you can hear us.

Yes.

All right, sorry.

We'll welcome Councilmember Johnson from some far away land, but she has called in.

So we appreciate it.

All right.

Tasha, how do you vote?

Yes.

Fred.

Yes.

Catherine.

Yes.

Bren.

Yeah.

Items approved unanimously four to zero.

Next item is um item for consideration.

Item 5A is a public hearing.

It's uh regarding the providing of local consent for a full service restaurant license for food footillo, roll sushi ink.

I probably didn't say that right.

Travis DeYoung's gonna give us a presentation.

I go ahead, Travis.

Okay, full service restaurant license for I don't know how to say it either.

I'd say Fitoy roll sushi.

Okay, this is where it is up on Draper Parkway at 1442 East.

Um, they're looking for the full service restaurant license, which allows restaurants to store, sell, and serve all kinds of alcoholic beverage, um, like um drinks alongside a food purchase.

Um 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 um main entrance.

Um the community location includes schools, churches, public play playgrounds, and parks and public libraries.

Here's the 300 foot uh 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 or 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.

All right, thank you, Travis.

This is a public hearing.

Is there anyone from the public that would like to address the council on it number 5A?

Local consent for the full service restaurant license.

All right, seeing no public comment, close the public comment.

Prairie, bring it back to the council.

Ms.

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

All right, motion by Tasha to approval item five A is their second.

Second.

Second by Catherine.

Is there any further discussion?

All right, hearing then Tasha, how do you vote?

Yes, Catherine.

Yes, Fred.

Uh yes.

Bryn.

Yes.

I'm approved unanimously four to zero.

Item five B, also a public hearing.

Ordinance number 1699 and 1700, an ordinance amending the official land use map and ordinance amending the official zoning map of Draper City for approximately 1.87 acres of property located at 693 east, 13800 south, 703 east, 100 3800 south, and 1377 south Shadow Mountain Lane, known as the Bell Peterson Guston Land Use and Zoning Map Amendments.

Staff report by Mary Ann Pickering.

Go ahead, Mary Ann.

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 Ford 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.

This is what they want to 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 and to 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 Guston property right now has that medium density designation, and it would be um 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 R3, this orange color that would be um compatible with the proposed land use.

And then the remainder, the Bell property, the Guston, and the Peterson property here would all be zoned RA2.

The intent of the property owners is to change some uh property lines around.

I'll get to that map.

This one.

And so the Gustons 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 Gustins 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.

Questions from Marianne.

How large is that new lot?

The yellow one?

I'm the one the orange.

The orange, um I want to say it's around um 40.

It's gonna be just under an acre.

So that's why we're changing it from RA1 to RA2.

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.

I'm just curious.

What's the reasoning and why we're rezoning the red lot?

We're not rezoning that, are we?

Um, that one is RA1 right now, I believe.

No, it's RA2.

You're correct.

You're correct.

Get to that one right here.

We're changing the land use on that one.

That's all we're doing is changing.

That's all we're doing is to make them match.

I don't know why that one had the R3 compatible land use designation under it, and it has the RA2 zoning.

Okay, so we are cleaning that up.

You're correct.

Thanks.

Marianne, sorry.

Thank you.

Thank you.

Um this is a public hearing or the applicants here.

Do they want to address the council?

Come on up, give us your name and address.

David Gustin, one three seven seven seven 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 R3.

Maybe it's somewhere else for you guys to see on your screens, but the the R3 on the uh screen that it was on is already uh, I guess R3 means like one third acre.

Um that was already approved because my lot actually originally made it from that other lot that's already R3.

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 you see the orange R3.

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 R3 also, and like it's next door neighbor, so that I can add his backyard to my backyard.

That's but again, no new no new homes.

There was a home on the other parcel.

Um, 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 uh an existing home that he raised, and so again, three lots.

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?

Questions?

Any questions for the applicant council members?

All right, thank you.

This is a public hearing.

Is there anyone from the public who would like to address the council on item 5B, ordinance 1699 and 1700?

All right, seeing no public comment, I'll close a public hearing.

Council members, what's your pleasure?

Mr.

Mayor, I make a motion that we uh approve ordinances 1699 and 1700.

Our motion by Fred to approve up 5B 1699, 1700 ordinances.

Is there a second?

I'll second all right.

Second by Bryn from the Faraway Land.

Thank you.

Any further discussion?

All right, hearing none, Fred, how do you vote?

Yes, Bryn.

Yeah.

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 2609.

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.

Well, Kelly, that's yours.

Go ahead.

Um, this is the item we talked about in the study meeting.

I do have David Martinson here.

If you have any more questions, it's just cleaning up that little um 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 7th.

All right, any questions for Kelly?

All right, it's an action items or motion.

I'll second.

Very good.

All right, we have a motion from Brynn uh to approve action item five C resolution 2609, second by Catherine.

Is that right?

All right.

All right, any further discussion.

All right, Bryn, how do you vote?

Yes.

Catherine?

Yes.

Tasha?

Yes.

Fred.

Yes.

All right, 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.

Um it is a foot.

Uh they're in now week three, I think, the beginning of week three.

Um, there are a number of bills the league is tracking that have you know interesting significance to us as municipalities.

Um, 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.

Um like 400 people in every meeting going forward.

So the the league, um, I'm not up there as often, although I have testified once already.

Um, so I guess I have been up there a lot.

And sorry, this is only the third week.

Um, I testified on the UTA transit reorganization bill.

Um, there's some other stuff coming up.

There's some land use bills.

So far, um there's not any battle cries just yet, but stand by.

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.

Um trying to think there's um there is a still a chance on a 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.

But that's all I've got.

Go ahead.

Um, you may be aware that the um legislature passed HB 48 last year regarding uh the wooy and the high risk uh assessment areas.

Um, even though this is a state piece of legislation, there's a lot of discussion and um concern I guess and and desire for information of the residents of Suncrest and South Mountain.

Um if you've ever if you went on to the state website to try to figure out if your property was in the high risk area.

Uh 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 um we're proposing that we we conduct an open house here where we actually can print out a static map of you know project it and and engage with residents as to uh what HB 48 means.

Um provide, I guess our interpretation, you know.

I Chief Smith asked, should we invite the division of forestry and forest lands?

I can't remember what the name of the division is, but I prefer not to.

Um 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, uh, we can do a lot to provide uh correct information for people.

So if you're okay with that, I'll work with Kelly and we can find a an evening that um just spent an hour here to invite people to come and and um engage with them and give them information.

Consensus on that.

All right, yeah, that seems like a great idea.

Okay, 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 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.

Uh, 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 okay.

I'm in uh in 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, um 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 it's the state, um, and help give them appoint them to the the accurate resources that will help guide them through that 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 uh bill or two that's working through this current session that may play into that a little bit as well.

There's uh HP 41 is actually trying to get the updated Wu We code into into state statute.

We're working off the 2006 wooy code, which is uh pretty watered down from what uh the the 2024 code would do, which really uh when 48 was passed last year, it was really based kind of on the premise of that the updated Wu We code.

So we really need that one to get passed, even though we know there's gonna be some challenges.

We are working with Representative Peterson right now, who's running HP 41 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 slip my mind of what number it was, um, but it has to do with um uh basically authority that a city or a county um cannot basically restrict a homeowner from removing vegetation um that's on their lot within when they are within a designated wooy area, and it also actually specifically calls out HOAs in there as well.

That that's a good thing in terms of uh 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, uh the homeowner should be able to take the proper steps to mitigate that without having somebody tell them that they can't on their own property.

Um 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 realizes that doesn't mean people should should or uh or it's a good thing just to go in and clear cut their land uh 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.

Um things.

Um there's been some information being passed around up in Suncrest regarding the the shoebox property.

Um I asked uh Brian Maxfield to weigh in on what water is available.

And and Scott, if I well, I've got Brian's email here, but if Scott, if you want to add anything, but he the water zone where the shoe box 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 D.R.

Horton came in in the fall of 2024 with a concept plan for was it 172 units, Jen, roughly?

Yes.

Okay.

Um 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 172 units, which we don't even we don't have the water for that, so that's a non starter.

Um so until we see something concrete that fits our code, there's you know it it's just rank speculation, and um, I'm not sure what's motivating the discussion now.

But um what property is that again, Mike?

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

Yes, yeah.

And and it's collo, you know, the colloquialism is a shoebox, that's how it's known.

Um remind me of the code.

It it is a commercial zone.

Yeah, I think it I believe it's CR, which is a regional commercial zone.

Um that is a holdover from I I want to say like the 80s.

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

Yeah, does that regional commercial zone allow for housing?

They would need a zone change.

Even high density, correct.

Yeah, yeah.

Yeah, our code doesn't allow housing in commercial zones.

Um correct, yeah.

So there's no residential that they can build under the current zoning.

Um, so any residential would require a rezone.

So this this concept plan, which uh you look at the date, October of 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.

Yes, pre-COVID, and um was was rejected.

So um this plan required substantial cut correct bill and total alteration of the property.

But we can have 179 units, which is saying max water is 70 correct.

Yep.

So 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 this died of flaming death.

Yeah, it burned.

Yes, like a giant heap.

I'm gonna recall.

Yes, kind of.

And the issue, and the issue as much as anything we don't know who did that.

It's mystery.

It was all the cuts and fills.

That was a major point of discussion with the plan.

So you just want to 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 70, seven ERUs.

Okay.

Equivalent residential units.

Anything else?

Yes, I do have good news.

Um, so last uh May I submitted uh in the council had uh passed a resolution of support um through representative Kennedy's office um in Congress for a um I want to 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 uh for some funding to assist us with uh creating a redundant water line and and upgrading the system up there, and I got notice that we've been awarded um two million dollars.

Um and so we're in the process now of um I received an email with um you know there's there's some things we need to do to prepare to to uh receive this money, and as staff we'll be working on making sure we meet those goals so that we've um you know can use that money to um kick start that that develop or that that project.

So that was that was good news that came in.

That's all I have.

Legal does have one issue.

It's not two million dollars, but it's a lease term of unusual length.

I'll let Mr.

Duchenne speak to this.

Hi, so we have um two cell companies that are less easy on our property, uh, both of which have asked for a longer term extensions on their leases, and I'll just give you some brief details.

And I'll just give you some brief details.

They sent some over to me.

I said I would talk to council about it and get your direction before I begin any negotiations with them.

The first cell site provider is offering wants to do a five five-year terms with auto renewal for five additional terms.

So a total of a 25-year possible total extension with 30 days notice of termination on any of those five-year terms.

They would like eight-year terms with five possible uh extensions.

And that would be a 40-year overall term.

They have included in their proposed amended terms a 30-day right-of-first refusal if we receive a bona fide offer for the property on which their cell site sits.

So currently we are at uh 1815 a month for that one.

That one started back in 2015, and it was originally five-year terms.

They want to move it to eight-year terms and five of them.

Um do I have any direction from three of you about what to do next?

So 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 one point one zero percent annual increase.

Uh 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.

But are these located both at Potato Hill?

Um, no, the second one is located, you know.

Oh, it's a Galena Hills.

Are they adding any material or construction on those sites?

So they're just using the existing infrastructure just for a longer term.

Not at this time, um, but it's anticipated that that will happen.

We have 6G rolling out, that's the next thing, and the infrastructure is gonna 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 6G to stick with shorter terms, that for them it makes the most sense to try and get uh 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.

If if 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 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 you can.

And 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?

So inflation index or something.

Yeah, so we are uh we have certain limitations on what we can charge under state law.

So um we have to and that that echoes with all of the things that we charge for.

Um so we're not gonna be venturing into the realm of unreasonable here, but um 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.

Um these two cell providers, I won't say which ones they are, but they are major players.

Uh the chances are you have cell service with one of them.

So uh if they have to up and leave, sell coverage is gonna change a little bit.

So there's value in in being cooperative and working together as a partner.

I certainly will pursue as much money as is as is as is reasonable and legally permissible if that's your direction.

Yeah, I just think it's fair to get a the right amount and increase if you're gonna lock in and lock it in for 40 years.

Okay, I mean that's well it do three of you feel the same way.

That's the question.

We've got to get three ones go for it.

Okay make as much as you can.

Yes, yeah.

Any anyone else have anything else?

Mayor.

All right, sir.

Motion to adjourn.

Mayor, I have one quick thing for you over here.

Sorry.

All right.

Um, in the spirit of um just a little bit of revenue for the city, it's not the two million dollars that our city manager got, but um, we did submit through fire for what is called another uh wild energy urban interface um preparedness prevention and mitigation grant.

It's called the WUI PPM.

We actually got a grant, it's administered through Utah State's uh forestry fire and state lands.

We've got a we got a grant awarded last year for 120,000 uh for us to do the Mercer Hollow Fire Break that we're continuing uh on this year.

We submitted another grant and just got word last week um that we've been awarded 200,000 um through the WUI PPM.

Our we did a specific grant just for equipment to support our mitigation efforts.

Um so that that money will help us buy an additional chipper that'll be dedicated to fire so we can have more chipper days uh 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.

Uh but we did get that notice last week for 200,000.

So another good good ad for the city.

All right, thank you.

Is there a motion?

So moved.

Um we have a motion to adjourn.

Second, I'll second.

All right, all in favor of adjournment say aye.

Aye.

Are there any opposed?

All right, we are adjourned.

Goodbye.