I don't notice that we got it.

All right, let's do this.

Okay, everybody.

I know you are so excited for ethics training.

So I have got a fantastic presentation for you tonight to teach you all about ethics.

Let's get started.

So as council members, you all are giving a tremendous amount of your time and in your energy as you serve Draper.

And so the reason for ethics rules, there's they're sort of threefold.

They're gonna protect you personally from liability, from reputational harm, and from the unintended violations that could follow you beyond your time on the council.

Which that ultimately affects every program and service that we deliver.

So we have those in effect as well.

So I did a little research, and the good news for you is that there is high trust in state and local governments.

Now this is a national uh poll done by Gallup in September of last year, and it shows that a solid majority of Americans express trust in their state and local governments.

So right now we've got 59% of Americans trust their state government to handle state problems, and 65% trust local governments to handle local problems.

So you are the beneficiaries of the highest trust level by the public in government.

So if you look at these graphs here, you can see that they went back to the 70s, and it shows that the trust level in state government has gone down by 12 points since the 1970s.

But if you look at the graph for local governments, you can see that since the 1970s, it's it's maintained some stability in the trust level there.

So this is gonna be different to what you will see in federal government.

So according to two different ones, one by Gallup, one by the Pew Research Center, just back in last year, uh fall of and winter of last year, there's very low trust in the US federal government right now.

So we've got Americans' trust in various federal government.

This is all institutions, so this is all branches, um, remains at five decade lows.

17% of Americans say they trust government in Washington to do what is right just about always, only sorry, 2%, and then most of the time it's 15%.

So as you can see, trust in the federal government is low.

All right, so let's talk about ethics and define them.

It comes from the the English word is uh rooted in the ancient Greek word ethos, and it means character and personal disposition.

It's also a moral philosophy, and you can get into a lot of philosophical discussion on what is ethics.

Um, it's a discipline concerned with what is morally good and bad, morally right and wrong, and it's applied to any system or theory of moral values and principles.

But for purposes of our training, we are talking about moral principles that govern a person's behavior, and it's a code that establishes the minimum level that is expected in terms of conduct practiced by a person or group of people.

So we're gonna talk about both the state uh ethics, the municipal ethics um ethics law for the officers and employees, and also the draper ethics code as well.

All right, so I just found a fun quote there by a civil rights activist, James Baldwin.

I often describe ethics as a bridge on one side is power and on the other is trust.

If that bridge breaks, people may see government as powerful but not fair.

With ethics through transparency, accountability, integrity.

We reconnect the two.

You will see in the language of these statutes that public trust is a high concern and one of the sort of basic premises of why we have ethics laws.

Okay, we just talked about this.

This is the applicable laws that are going to govern you, the municipal officers and employees act in 103.

We've got the Utah Public Officers and Employees Act.

We won't go into that one as much, and then we've got the Draper City Municipal Code as well.

All right.

So just as a quick overview, our ethics laws aim to prevent conflicts of interest.

They ensure the public trust by prohibiting officials from using the position for personal economic gain.

And the core prohibited actions in these laws, you'll see it prevents self-dealing, accepting improper gifts, misusing confidential information, and participating in track transactions where you have a private financial interest.

So those are kind of the core issues that you're gonna see covered in ethics laws.

Let's talk about the purpose.

Um, usually I take a look at the statute just to see how the legislature and um how the statute itself has been drafted.

So the purpose for the state law, this one here is um it's to establish standards of conduct for municipal officers and employees to require these persons to disclose actual or potential conflicts of interest between their public duties and their personal interests.

So there's the purpose for the state law.

Now, the Draper code is quite a bit more extensive than the state law is, and perhaps that is partly why you see a higher level in local governments as opposed to state governments, because our code is more restrictive than the state law is.

So we won't go into like word by word on the goals for Draper City, but you can see that they have they're just there's a lot more verbiage here, and so it talks about how there needs to be a proactive approach in strengthening the emphasis on ethics and in guiding city elected officials and employees in upholding them.

And essentially, as you go down to the bottom of this here of part A of our code, it talks about how we want your disclosures to be made publicly and regularly.

So there's a goal for Draper.

Now, under B, we've got additional goals here, and I just kind of highlighted the main points of these.

If you look at the specific specific goals, so the code wants a comprehensive approach to ethics.

It wants to promote public confidence in you as officials.

It wants to ensure your compliance with local, state, and federal laws.

It wants to centralize the laws and regulations that apply to us.

It wants to heighten your knowledge and understanding of the ethical principles and laws that are inherent in your obligations as officials.

It wants to establish a system to train you and to provide for periodic review, to enact an ethics officer system that will provide guidance and education to all city departments, and then to avoid the appearance of impropriety.

So there are some additional goals in our code.

Lastly, because it we have a lot of goals.

Okay, so with all of these goals in place, what could possibly go wrong?

Because nothing bad ever happens here.

Our citizens are amazingly well behaved.

They would never engage in anything problematic.

None of us would.

But here we go, let's talk about some of you will know what that's from.

Um, let's talk about conflicts of interest.

So defined a conflict of interest is a situation where an individual organization has a competing personal, financial or professional interest.

These competing loyalties make it difficult to remain impartial, and it creates risk that your professional judgment or duties will be compromised by your secondary interest.

So there you go.

With that kind of in mind, we'll have four main types that you'll run into.

It can be financial, it can be relational, as in like you're giving you know family or social favoritism, it can be organizational, and it can be informational.

So those are your types of conflict of interest.

All right, so let's talk about, let's go with the information one.

Um, one of the thick ways in which you can have a conflict of interest or you can violate our ethics laws.

So the disclosure or use of confidential information.

Now you'll see that the Utah law and the Draper code are very similar here.

So these ones are so close.

Um it's basically an offense if you disclose or use information.

Now they use private controlled and protected, that is the categories that are classified in grandma, too.

So that language is specific.

Um you're using that information to further substantially your personal economic interest or to secure special privileges or exemptions for the officer or employee or for others.

So there's where you've got the state code, again, our Draper City Code, very similar with regard to disclosure of confidential information.

That is a way in which you can violate our ethics code.

It is also a violation to use or attempt to use your official position.

So in Utah, under state law, it's worded to further substantially the officer's personal economic interest or secure special privileges for the officer or for others.

And then Draper City just makes a point of saying we follow the state law on this one.

So state law here controls, and you can see that's kind of how they define how to use you know the violation of attempting or using your official position for your personal economic interest.

Okay, as you look at our city code, it goes on to say this is kind of one of the portions of it, that city officers and employees are agents of public purpose and hold office for the benefit of the public.

They are bound to uphold and impartially carry out federal, state, and city laws.

They are bound to observe in their official acts the highest standards of performance and to discharge faithfully the duties of their office, regardless of personal considerations, recognizing that the public interest must be their primary concern, their conduct in both their official and private affairs should be above reproach.

Now, normally this is this is quite a high standard.

So I wanted to call this out as a difference between what you see in the state law in terms of how they do how they talk about what's allowed and in the city code, um, because the city is definitely a higher standard than the state law.

All right.

So the state is gonna allow certain things that Draper does not allow.

So I wanted to go over these really quickly.

Now, if you were in a different city that followed the state law, this would be more applicable to you, but you can do things like you can be compensated for when you represent a business or person in a transaction involving your city.

Um you can be employed or own an interest in that business entity that's regulated by the city, you could be employed or own an interest in a business that does business with the city.

Um and you could have a personal interest or investment that creates a conflict in your duties, as long as you disclose it.

So if you disclose this by filing a written statement to the mayor that gets recorded with the recorder, um, those are things that people are it is allowed under state law.

However, Draper does not let you do this.

So this is where we diverge.

You can see that our city prohibits this.

So under acquisitions of interest or interest in a contract or transaction, I've kind of gone through and tried to underline this because it is again quite wordy, but no officer with respect to any contract, which is or may be subject to an official act of the city shall acquire an interest in such transaction or contract at a time when you believe or have a reason to believe that it will directly or indirectly affect an act of the city.

So you have to abstain, and unless you have then from participating, no city officer has the power or duty to perform an official act or action related to that contract or transaction.

Now you can't acquire an interest in the contract or transaction, you can't have an interest in any business representing or appearing on behalf of whether paid or unpaid, any person involved in such contract or transaction.

Then we're talking about solicited present or future employment with a person.

You can't have done this in any entity involved in a contract or transaction by voting on that.

You can't like to solicit, accept or grant a present or future gift, favor, service, or thing of value that's really broad.

This is a little bit different than what the state um law allows, and we can talk about this in a little bit more detail.

Um then there's a little caveat here, you can get a business license building permit or conditional use permit.

But you can see under 192020 that you are prohibited from having an interest in contracts or transactions.

Okay, but what happens if you do?

So, because sometimes this does happen.

If you have an interest, then what you need to do as the Draper City Council member is disclose the nature and extent of that interest on the record during the meeting, leave the room during the discussion and not participate or vote.

So there is, if you do have some kind of interest, make sure that you take this action here.

Okay.

Now, speaking of disclosures, as you know, under that 2024 update to the state law, you have to do annual disclosures, and you have all done this, it's posted on our website right now.

Um, you have to do this between January 1st and 31st of every year you hold office, and then within 30 days of starting new employment or a significant change in value or ownership of any covered business entity.

So if that happens, make sure you update those disclosures with us.

And then this gets submitted to the city recorder, it gets posted on our website.

You can go in there and see it for all of you, all of it's posted.

Um, it remains public until you leave office, and these statements are going to be considered public records.

So if they get requested, we do disclose them.

And if you fail to do this, it is a class B misdemeanor.

It's only a $100 fine, and it will get reported to the AG's office.

So there you go on the penalties for failing to abide by the annual disclosures.

So we've got the laws under there that all of the state law and our city code both deal with annual disclosures.

Okay.

Again, more additional draper restrictions.

So it does talk about in our code that you can't engage in private employment or render services for a private interest when that employment or service is incompatible with proper discharge of official duties, or would tend to impair your independence or judgment or action in the performance of those duties, unless otherwise permitted by law.

All right, then you also can't appear on behalf of a private person other than yourself, your spouse, or a minor child before any city body.

You can, as a member of the city council, appear before city bodies on behalf of a constituent in the course of official duties as a representative of the electorate or in the performance of public or civic obligations.

Can you think of an instance where that would be okay?

I was trying to come up with like where would this be, where could you do this?

Yeah, Troy.

Yes.

But as I was trying to think of um what?

So you can't.

Yeah, and it's before the city bodies.

So that's why I was thinking, like, can you just the way that this is set up?

I was like, I'm not quite certain how when this would ever happen.

I think if summer like came and asked for us to do something, then we lobbied the fair behalf.

In the course of official duties as a representative of the electric electorate.

Yes.

I need this wall overplaced or something.

Right.

And I think when you're doing that as their constituent, like they're coming to you with a concern and they're saying, um, here's something that I'd like to see done.

If you can see how, okay, I can see how this particular request could benefit everybody in the city, right?

Like you could see a public need for it, and you want to represent that to the city council of hey, this is something that we should do.

You know, I think this is where you would find some cover with that, right?

Sort of expected.

Yeah.

Okay, and let's talk really quickly about gifts.

So this does happen.

Um, you are not allowed to take gifts of substantial value under the state code or substantial economic benefit tantamount to a gift.

And the state code, the state statute gives these two examples of things that are basically tantamount to a gift.

So if you were to get a loan that you know at a rate that's way lower than the regular rate, or if you were to get compensated for a private service at a rate substantially exceeding like the normal like fair market value of that, there were some examples that the state gives in the statute, that would be considered a gift.

Um I kind of went through and thought about other ways that you know other things you could get that would be tantamount to a gift, um, things to just be concerned about.

Um if you get major discounts on things, um, if you get favorable terms on deals, if you get free or preferential use of different property facilities or equipment, debt forgiveness, um, investment or business opportunities on preferential terms, substantial entertainment, like if they're gonna like fly you out on their helicopter or something like that to you know take you to dinner and they have a pending item before the city council, stuff like that.

Um, so there's all these other ways I think that you could you could find economic benefits, you know, that would be tantamount to a gift that are prohibited by the code.

Okay, so here's what you could ask yourself.

If you're gifted anything, under looking at our code, I thought, okay, would the gift tend to influence a reasonable person in your position to depart from the impartial discharge of your public duties?

Like, are they giving it to you?

And would somebody who's a reasonable person in your position think that this was meant for me to depart from my impartial duties, right?

Um, and then also is the gift something a reasonable person in your position knows or should know under the circumstances that it's given to you for the purpose of rewarding you for official action taken.

So let's say you do something, like you allow a certain rezone to happen, and then the developer comes in afterwards and they're like, Oh, you're so great, I'm gonna give you this huge present, right?

There you go.

That's something that they're rewarding you for, and that would be considered a gift and a violation.

All right, but there's exceptions, and this is something, and and again, I think this is um something that we all see.

So exceptions to the gifts rule is an occasional non-pecuniary gift having a value of less than $50.

So if they bring in like some cookies, like under $50, right?

And I don't know that a reasonable person would look at like something like a box of cookies and say, I'm expected to like depart from my impartiality based on them giving me cookies.

I don't know that that would influence most people.

We do sometimes get like little treats, right?

Like they'll they'll bring into city hall or they're and it's if it's under $50 and it doesn't have a pecuniary like value, it's not money, it's gonna fall into the exception.

If you get an award that's publicly presented in recognition of public services, that's okay.

Any bona fide loan made in the ordinary course of business and any political campaign contribution is not a gift, so that's a specific carbo.

Those are okay.

All right.

Yes, and that's okay.

So okay, but under Draper's code, there are a couple of other things that we go beyond the state law, and so there's a couple things that I thought I would bring to your attention on ways in which you might be considered or asked to violate our ethics code.

So if somebody comes to you and they want to be appointed as a city officer and they ask you either directly or indirectly, that is an automatic disqualification under our city code.

Sound to our no, it's like I think they're coming to you personally and they're saying, I want you to appoint me as like the chief of police.

Right?

I'm like they're soliciting you and saying, I want to do this.

Like I want to be appointed.

Right.

Yeah.

Yes.

Yes.

So appointment to a city service.

But we will, you do see this happen sometimes where people will approach you where they're like kind of sniffing around and be like, hey, like there's a vacancy, kind of interested, like, right?

You might see that come your way.

Um, another thing, you can't.

Now this seems pretty obvious to me.

This is even a constitutional violation.

If you appoint or remove, if you favor or discriminate against any appointed office because of the person's race, color, age, religion, sex, national origin, or functional limitation if they're otherwise qualified.

That would violate our like equal um protection part of our city code, okay.

But then the other thing to really pay attention to is that it specifically says you cannot give special treatment or advantage, and this is verbatim, to any citizen beyond that which is available to every other citizen.

So that is one thing that you need to keep in mind when you are approached by somebody.

Would you be willing to do this for any other citizen that's asking you the same thing, right?

That's asking you that.

So, like you will see people, here comes your voter, okay?

They need a favor, they're gonna give you their see their sad cute eyes, they're really, really gonna lean on you to do something for them.

And here's what you want to pay attention to, because they're gonna say certain things, and this is gonna cue you to where this becomes a problem.

If they start talking about a citation has been issued, a ticket has been issued, this they've gotten a summons, they've been arrested, um, the prosecutors involved, the police are involved.

Um, if like when you start to see some of these words from a city standpoint, I want you to realize like, am I getting involved in a case that's already before a magistrate?

Has this been filed in in our court, right?

If it has, you gotta be real careful.

If like the prosecutor is involved, like at this point, when there's a code enforcement issue going on, like I sometimes myself have gotten approached by people where they're saying, Listen, I don't like what your prosecutor's doing, I have a valid defense, it's ABC, I think you should just like rein this in and dismiss out the ticket.

And I was like, that sounds like a fantastic defense.

Tell it to the judge, right?

She's the one who's gonna make that decision.

I'm not gonna do that.

I'm not gonna yank this case away from the prosecutor.

I'm gonna let this magistrate handle it in the appropriate judicial process.

So keep this in mind, but we also have under our criminal laws under 777 26 in the state law.

So this specifically, because it's such a problem, when people especially get involved in traffic citations, so like if there's already been a ticket issued on something, it is unlawful and official misconduct for any peace officer, so that's a police officer or other officer or public employee to dispose of a notice to appear or traffic citation, and to do so without the consent of the magistrate before whom the arrested person was to appear.

So keep that in mind that, like at a you are starting to delve into official misconduct when that happens.

So that's one thing that you just sort of want to keep as like this is the ceiling, um, and this is where it can be taken too far.

So this one is gonna be a class B misdemeanor under those facts right there.

Okay, yes.

Okay, no one has a resident, I just talked to you today, and he has a property that he owns himself, and he has some equipment and trucks that he stores on that open lot, um, and it's his own, but court enforcement has come and is issued a notice of it, and he's called me saying, hey, what can be done about that?

Yeah, exactly.

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

Right.

So that'd be one of those what I'm doing is I'm gonna forward it to Mike to discuss it and look into it.

But is that a similar type situation like you're talking here?

Yeah.

So, like, if if somebody's come to you and they've like they said, I have gotten cited, that means like code enforcement has gone in and done something, and um you don't want to get involved in that unless you as a council decide that you want to hear these things, right?

Like if you look, if you go back at to our um code, no special treatment or advantage to any citizen beyond that which is available to every other citizen.

I suppose you could decide as a council, hey, we want to start fielding this stuff from people, like we want to let them come to us.

I don't know why you would do that, but I mean you'd be opening a whole Pandora's box, but I think that you need to like keep in mind, we generally tell people if it's gone through like that citation process, you can just tell them, hey, like I can't be involved, let's have you talk to the city manager instead.

Absolutely.

Yes.

Yeah, or even if a citation hasn't been um issued, if there's any type of enforcement matter, uh I would not get involved.

I mean you as a council member should not get involved.

But we can send it to you.

Absolutely.

What if someone wants us to help them get a job?

Like some, I know you went over this a minute ago.

Can we send that to you too?

I just say, hey, I don't have anything to do with hiring or firing.

If you want more information, contact.

Yeah, I mean, like if it's if it's a posted rape proposition, is that like you're saying they're coming to you and they're saying, Hey, I saw that like they're hiring.

Yeah, I just send it to to Mike Barker.

So I mean, and then that's something that I I think you could expect to field when they say, Hey, I want to hear about like this, you know, what's this position here?

And I mean, I think you could you could even say, like, oh, we really need help.

Talk to, you know.

It seems really kind of harsh.

But I get people all the time that's helping with events, but they're not being malicious.

Right.

They just want a little bit more.

Yeah, yeah.

I had a similar situation like that, Tasha, this spring where someone was looking for an internship to do events.

Yeah.

So I forwarded the information to Kelly and David.

Yeah, so that's just passed.

Yeah, yeah.

Because they're not trained.

Okay, they're just like hoping.

Yeah.

Yes.

Yeah.

You do.

And so you do have to use your discretion to some degree because like you're trying to figure out are they approaching me in good faith?

Is this just simply like an innocent question of like, hey, I'm expressing interest.

How do I go about like you know, going through this process versus, hey, I need a favor from you?

Like, I specifically need you to do something for me.

You know, it's kind of a weird thing because we don't actually hire, like, we really influences in that way, but and remember, Tracy's here to field any ethical questions, so that's that's part of her duties in our code is to render opinions.

So don't ever hesitate to ask her, you know, to yes, you can send it to me if it's an ethical dilemma.

So I have been appointed as the city ethics officer, so that is that is part of my function.

So, yes.

Um we'll get into that actually a little bit more.

So yes, you are gonna be approached sometimes, like there are gonna be things where like you're gonna have to use your discretion in certain things where it's like, what is the purpose of the person coming to me and asking me for this thing or telling me this thing now?

One of the things I can tell you from experience, and I I suspect that every other city like director, department director, could tell you this too.

We will often get approached either by a resident or could even be like somebody else that's bringing a complaint, right?

About something that's happened in to them in the city, like your somebody did this, your police officer did this to me, your you know, whatever, they're making a complaint, and I have found I never get the whole story, like I have never gotten the whole story ever.

So just realize that when you get approached, you're getting a very like customized and I want to say, even curated version of what has happened.

Um so just because it's gonna put you in a difficult spot, I think you can always just punt it back to the city manager if you're just unclear about like what's going on.

So, you know, that sounds really concerning.

I'm so sorry that that's happened.

Let's have you talk to the city manager about this.

So that's kind of how I would sort of generally guide you.

Okay.

So there's also things in our ethics code that um it prohibits these are in some respects kind of like you would think self-evident.

You can't use city vehicles, equipment, materials, or property for personal convenience or profit unless it's available to the public generally or provided per policy for official business.

So, like, I don't know, you couldn't come in and like borrow like the microphone system and say, hey, I'm gonna have this party and I want to use it for it, you know.

Like that would be something that you're not allowed to do.

Um, you also as city council members can't bid on property offered for sale by the city.

So that's the other way in which you're sort of prevented.

So keep that in mind if the city does one of those auctions.

You, as city council members, cannot bid on it.

Okay, also no private employment or services rendered if incompatible with proper discharger of official duties or would tend to impair your independence or judgment or action in the performance of those duties.

That's another specific kind of call out in our code.

It also says, and again, this is a super high bar to hold you to all city officials and employees should avoid even the appearance of conflict between their public duties and private interests.

So keep that in mind.

Avoid the appearance of conflict.

And then in terms of political activity, here's some things that you cannot do.

Um, you can't use city equipment while you're engaged in campaigning or other political activity.

You couldn't coerce come command or advise an employee to contribute to your campaign.

Um you can't make somebody's employment status dependent on their support of you or their lack of support for you or for a political party.

And um, so kind of along those lines, you can't do that.

You can't solicit contributions, political contributions on city property, and you cannot promise appointments as a reward if you win.

So those are things that you specifically cannot do according to our city code.

My recollections, that last issue came up in our last election.

Who was running for office and inadvertently said basically if you drop out of the race, the AG, the AG candidates, and then end up getting prosecuted for it.

Yeah, yeah.

So I would be blown class with it.

Okay.

All right.

Um, under the state law, if you are to induce an officer employee to violate any of the um ethics um laws, that is a class A misdemeanor.

And I suspect it's a class A to take it out of the city's jurisdiction, that's gonna go up to the county.

And then let's talk about the penalties for violation.

So you can be removed from office.

Um, employees can be dismissed from their employment if you knowingly and intentionally violate, and it can be a felony, a second degree felony if the total value of the compensation or conflict is over a thousand.

That's actually not that hard to get over that amount any longer.

Um, and then it's gonna be a third-degree felony if it's greater than 250 but less than a thousand.

So we're talking felony categories here.

Um that is real, like the felony, the felony charges are real.

So keep that in mind, like, especially for these numbers, I think it is just not even worth it.

Like, there was a point in my career when I was with the AG's office where I had fielded enough.

I wanna say, I mean, they're you're gonna receive bribery attempts, like when you're ever prosecuting sometimes.

Like, and I think the good ones are ones where you don't know for certain if that's what they're doing.

The bad ones are the ones where they're like they're specific about like, hey, how do I make this go away?

Like, do I need to take you to lunch?

And I thought to myself, I was like, Well, what is my price?

And I'm like, I'd have to undo my whole life.

I think it'd take 20 million, like 20 million is my price, and then I am willing to violate like the the law here to do you this favor because that I'm the price I'm gonna have to pay for this is just it's not worth it.

So just decide internally what your price is and make it worth it.

Oh, there you go.

It's it's a class A if it's over 100, but it's less than 250, it's gonna be super easy to give over 100, and it's a class B if it's a hundred dollars or less.

Okay, and then um the other things that the city could do, like there we could also there, like you could get a judgment, um, an enjoinder or relinquishment of any prohibited interest.

Any contract or transaction where there's been a conflict can is voidable at the city's option, right?

So if we were to find out later that because of this, that one of you were conflicted and you didn't disclose it, we could go in and actually void out that that contract.

Um, we could consider like, you know, what's the impact of that?

Does that is that in the city's best interest?

Does it harm people beyond like you know, ways that we'd want to harm it?

But it could be voided.

Um again, knowing an intentional could be a dismissal from employment or removal from office, and then an intentional false reporting of an ethics violation is also a class B misdemeanor.

So if you decide to drum up a fake report of an ethics violation, you're looking at that possibility there too.

Okay, so just a couple of things to cover really quickly.

Um, some odds and ends, so to speak.

So just to keep in mind, you as elected officials are prohibited from accepting employment with the city for two years following the termination of your term of office.

So you could, at some point, two years after your term is over, come and work for the city.

And I don't know that that would be such a bad idea because you know the city so well, right?

But there has to be this like two-year cooling off period in place before you could do that.

And then Tracy, sorry, what about like volunteering with one of the committees like the oh volunteer?

Yeah, totally fine.

Um, and then the hiring of relatives is generally prohibited.

This is gonna be nepotism unless the city manager determines that it serves the best interest of the city, it does not create a conflict of interest, it does not create the appearance of impropriety.

So you've got a little bit of a caveat around that as well.

Okay.

Now, if you do have an actual ethics complaint, there is a process.

So we have not, as a city by ordinance, established an ethics commission.

So we don't have that.

If that is something that you wanted to have in the future, then we would have to pass an ordinance.

We could put together a municipal ethics commission.

So it's like a panel of people, as opposed to just me, because right now, under our code, the city attorney is the one who is in charge of accepting ethics complaints.

Now, if for some reason you feel like I'm not up to the task, or somehow I even myself am compromised, you can file with the state political subdivisions ethics review commission.

Right.

So if you're like, I don't think it should go to her, then you can file it with them.

And I have tried to contact them before, they are very hard to reach.

Um, I don't know if has anybody had any experience with them at all.

We sure have.

Okay.

Yes, we have.

Comment or no comment?

No further comment.

Okay.

All righty.

Okay, so we've talked about ethics, corruption.

That's just a whole nother ball game.

Okay, so this is gonna be bribery, offering a bribe, receiving or soliciting bribes, threats to officials, official misconduct like inside trading, um unauthorized action, something that you you do that you're not allowed to do as a city council member, or failure to do something that you know will harm somebody, um, unofficial conduct.

Now, all of those things are gonna be crimes, right?

Those first one, two, three, five things right there on the bullet points.

Then you get into unofficial misconduct.

Um, and I looked up that in the statute.

That's basically not taking the oath of office, failing to execute or file the bond, um, acting beyond your term, like if your term expires and you continue to do duties, or if you're removed and you continue to act as a city council member.

Um, if you withhold or you destroy documents, so those are things that would be considered unofficial misconduct.

Yeah.

Okay.

Yeah.

Mm-hmm.

That's right.

Oh, oh, that's right.

Yes, we'll do.

I guess it wasn't official misconduct as well.

Abusing employees is verbally harassing and wasn't that seems to be a concept we just watched.

But yeah, when we get into corruption, we're talking about actual criminal acts there.

And so that's gonna be prosecuted differently, and that just goes beyond ethics.

So I wanted to bring that up.

Anyway, just to kind of end, um, I was thinking about how again the public trust in you as you know, public servants and as us as like city running a city and public employees.

I think we really are striving to maintain that public trust, and you can see it in those poll results that it really is with local governments that people trust in the most.

Um, I think that that's something where we really want to preserve and protect that public trust in us.

And so I just brought up a couple of quotes where that have to deal with you know with the concept of trust and that credibility is fragile.

So I think we all kind of are familiar with the concept that you know trust will take years to build and it's seconds to break and forever to repair.

So we will be right if somebody we can be paying for the mistakes of past council members as well for a long time, and so we want to make sure that we maintain that public trust.

All right, that's all I have in terms of our ethics of training.

We have we have completed it and we can check the box.

We have done this.

Do you have any other questions or concerns that you'd want to discuss?

I would just like a shout out to Linda, because I think we've built a lot of trust within the city through our transparency and our communication.

I think you know, over the last eight or nine years since Green and I have been on the council, that has just improved like a thousand fold, especially with Linda's direction.

And I think residents are getting answers really quickly, and we're being really upfront with what we're doing.

I think that's made tremendous difference.

Any other comments?

Okay.

Well, thank you very much.

We um do need to cover, and this is a whole other topic.

Um, land use, open space, and police, just liability concepts in general.

But I just figured that's enough of a subject on top of ethics.

I didn't want to like put that into two.

So we will cover that another day, but we will go over it.

So yeah, so consider yourself trained on ethics.

All right.

Thank you, thank you.

That's all I got.

Thank you.

Good work.

All right.

Um Rhett, now is your time.

All right.

I know, hour and a half break.

Um tonight I wanted to talk to you a little bit about uh proposed park.

Uh we've been calling it Hidden Canyon Park.

That doesn't necessarily have to be the name, but it is in the hidden canyon development.

Many of you have aware or asked when we're gonna do it or had residents asking about it.

So I just wanted to have a discussion with you tonight.

If you remember, this park was funded at the level of 500,000 in just this last current budget adoption.

Um but there's a few things that I thought would be important to share with you.

So to start with, I just wanted to kind of orient you just a little bit.

This is all Suncrest for the most part.

It doesn't show all of Suncrest, but reality you can see we have one area park for all of Suncrest that we built a couple years ago.

It's a great park, but it does create quite a few challenges for a lot of the residents to get to.

We do have a couple of pocket parks in Suncrest.

They are very small, um, not real ability to use them for much other than just little passive recreation.

So Hidden Canyon Park, as you probably know, is located right over close to Peak View Trailhead, right close to where the home slid down the canyon and all this new development.

So to zoom into that area a little bit more.

These are homes that all been built within the last few years.

This is Peak View right here.

Yeah, that's our our trailhead with all the bike trails and everything going off of it.

So yeah, in Hidden Canyon States area would be this proposed area.

Also just help orange you.

This is Hog Hollow Road, Octune Baby Bike Trails, a couple other trails that all come up right here.

This is the tunnel that would go into the the park site.

So just to recap a little bit, uh it's kind of hard to follow the lines, but this would be the site, and originally we planned for a quarter mile paved walking trail in this site.

And also remember all of the bottom part is marshy, it's wet, it's stormwater, it's got a lot of phragmites and foxtels and so not really usable a lot of this site, but we wanted to use what we could.

So we would certainly want to put uh walking trail and uh a little small playground.

We said small, we did not plan for a very big playground.

They're quite expensive.

This was gonna be just a neighborhood neighborhood park.

Um a picnic shelter.

We'll just go through these, a little bit of grass, the terrain's really challenging, but a little bit of quarter acre of grass, not a ton.

And that's what we funded in this last budget year.

However, as we got looking when the snow melted, and Brad and I got up in there and had a chance to really look around.

There's a lot more that I guess I'll throw personal opinion at you, but I think this area would benefit from a little bit more than a standard neighborhood park.

Meaning you saw the kind of the map of the first.

There are a lot of homes that have been built in the area with a lot of younger families and kids and you know, several hundred homes.

And a lot of them are separated by Sun Crest Drive or some other big roads, and it's it's hard to get to some of the other parks.

So I think there's good reason why we may want to make this an upgraded neighborhood park.

So I'd just like to show you some of the concepts that we would like to present to you.

Um these are just accesses that we need to maintain a little bit better, but they don't give great play value or anything to the park, but but they do have a little bit more extra cost.

This is one I'd be really excited about.

We we made the path bigger, so it goes through a lot of the scrub oak and a lot of the native vegetation up there.

It'd be really neat path utilizing some of the train the trails.

We would have to do two bridges, which are also a you know a fun feature on a walking path, go over some of the drainages.

But again, this would be paid for for exercise and just neighbors to congregate and walk together.

We've seen the popularity with our primitive loop trails.

You saw the one at uh Jensen Farm today, so we would do a primitive loop trail.

This would be very similar to this bike trail to the one we just did at Jensen.

We have a huge problem.

Every park we have almost it gets beat up and torn with a lot of the e-bikes and type bikes.

So the more we can plan for it and and put them where we want them and not where we don't, then it's certainly helpful.

So have a bike flow trail we would plan in this park.

Um certainly a larger playground.

I know they've certainly increased in price, but a larger playground is certainly worth this park's consideration and a swing set, and a couple more picnic shelters, and instead of one little small area of grass, we would bump it to three, which would be you could access it from both sides, both roads, both neighborhoods, and put in some other amenities like fencing and some picnic tables and benches.

So when we look at all doing that, the part I know you love, but we've pretty much doubled our costs.

So we're looking at about a million dollars, which is about average, you know.

When you look at Jensen that we just did today, it's roughly a million dollars an acre developed, and uh so this would be under that.

This is certainly um you know, about an acre total of what would be developed.

And then the last thing I wanted to present to you was going a little bit further.

When we took this concept, which we always like to do to our parks, trails and recreation committee.

Um they really loved it and wanted to recommend to you as a council to do all of the amenities that I just showed you, but also to add a restroom and a drink and fountain.

A couple reasons for that.

Number one, it is like I I would say I'd call it an upgraded neighborhood park.

Um typically, none of our pocket parks or neighborhood parks have a restroom.

Uh but this one is in a little different situation with the residents that it would serve.

It's also right at the top of Hog Hollow and some major flow bike trails.

People come through here all the time, and even right now, you'll know that you'll notice there's a kind of a primitive path that they'll ride before going to Peak View and hitting some of the other trails.

So I think this would be a restroom that would be very worthwhile, not only for the park, but for some of the bikers that come through here.

It'd be a single stall, but that would include all the the site work, the utilities, everything.

Um the restroom, and then also add a bunch of trees and shrubs and stuff to really beautify the area, and that's about an extra two hundred thousand.

So right now it's funded at 500,000.

The ask would be if you wanted to do the entire park at this level, it would be an additional 700,000 that would need to be budgeted for a total CIP budget of 1.2 million for this park.

Again, the reason would be it's not quite uh an area park to do an area park in our park system.

It would need to have a large parking lot and a large soccer field, football field, uh, similar to what you saw this afternoon.

So we wouldn't suggest that, but it does give a little carve out for being a more than just a neighborhood park.

This area needs it with this with its limitation by some heavy roads like Suncrest Drive, uh Traverse Ridge Road getting to Suncrest Park can be challenging and still pretty far away.

So with all the new homes, plus all the new homes from Mercer Mountain that are gonna be going in here soon.

It certainly gives opportunity for a little bit bigger park.

So I wanted to share that with you.

If you so chose here are some of the next steps that we could do is we'd need to determine which funding level we can leave it as it is now and build it at a $500,000 project.

That's completely fine.

But if you chose to go with some of the options that I've just shown you, we just need to decide that.

So those again, just to remind you, those are what we would be looking at.

Um really the difference between middle and the top option is is the restroom.

The restroom and the included extra trees.

Can I kind of interject on that?

Sure.

I'm restating a lot what you said with the parks and trail committee.

That restroom really seemed like it would be I don't want to say vital, but it if you look where that park's gonna be, there isn't it's gonna be so far when people come there and they're bringing that children to that playground and everything.

It's to me that restroom is as important as having a drinking fountain or something.

I agree.

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

I I echo that.

I one of the reasons why I don't use the trails as much as I use like lower drapers, because I always have to go to the bathroom, and so I think this would be great.

I do have a question though, if if that's okay to ask right now or um I I like the idea that it is kind of a neighborhood um park that people can walk to, but I also know that you know, like even when my kids were little, we like to go visit different parks um around the city.

So could we add just a few spots of parking or carve out a little bit where they can pull over on the side of the road in case somebody wanted to was not in walking distance?

It does have on the road, it would have quite a few uh on road parking spots for it on the east side.

Would it be we could look at doing some maybe some angled parking for sure?

But maybe go back to the map and kind of just show on arrow if you would the where that parking would be.

Because I I had the similar even if it was just like carved out a little bit, so it was technically off of the road.

We could certainly look at it right now.

This sidewalk is not finished, but I understand the city has plans to finish that, but we could look at parking there.

But if the sidewalk is finished, we still have quite a bit of curb parking on the shoulder that wouldn't impact the road.

Sure.

This one.

Yeah.

Okay.

So I guess the big question for me is do we have money for this?

Is there money in the park impact fees?

Uh in May, end of May, we had 2.7 million in our park impact fee.

We did allocate some money.

I would need to double check what our balance is right now.

I could get with finance.

I don't want to give you a wrong number, but I do feel we would have sufficient to cover this project.

But we'd want to get with finance to confirm.

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

That was a discussion I actually had with Mr.

Barker earlier, but I did commit at that point that this is one that yes, we would be able to commit to doing with our current staffing level, meaning that we wouldn't build it and then come back and say, Well, now we need more staff.

We could we could accommodate this with our current staffing.

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

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

Can I ask on the same the I think the maintenance is my concern on the same thing if you put in a large so just looking at when we're doing our tax increase, we're talking about the costs of um maintaining and updating our our playground structures, and that's getting more expensive.

So putting in a bigger playground structure, does that sort of create a long-term larger cost?

Well, yes, playgrounds have to be replaced at 15 to 18 years.

So down the road, we would have another playground that would need to be replaced.

So certainly that cost would come into play 15 to 18 years from when we install it.

But every every month we do playground inspections that we're required to do from Irma or our insurance that we we have a full-time staff member that does all of our inspections and different park inspections, and this would certainly be need the playground need to be inspected, as would you know the chain link and the soft fall and all that stuff.

So there is maintenance components to it for sure.

This would obviously be an amazing park.

I do have a little bit of concern that just very recently we put in another really gorgeous and very expensive park in the Suncrest area.

Are there any other parts of the city that are maybe not getting as much attention that have been waiting a long time for a park?

Do we have any data on that?

Yeah, if if you call our 2023, it's the most recent parks, trails, and rec master plan.

The two biggest holes we have in the city, this is one of the two, and the other one is is right up here in Old Draper, which I think we've pretty much lost our opportunity there.

And another one would be over by uh Kimball's Junction area.

Those were our biggest holes to fill.

Um, or where they've been waiting the longest for a park.

So this is certainly in one of the three.

Um we we do have a different separate CIP to kind of expand Honey Bee Park and also expand the trail in that area that would help some of that area over by Kimball's, but that is one of the areas as well as as this one and old draper.

We have a question.

Red, is this is this um how does this fit in with the Phoebe Brown expansion?

Is it is it a different funding source or are they competing for the same pot of money?

Well, it would all be if we're looking at strictly park impact fees, then yeah, it'd be the same pot of money.

But if we if we chose to use general fund or anything else, I guess I did want to show you one option here.

Um these were some options that I just put in.

And in reality, it all always needs to be funded to completion in its entirety.

But if you see that option B, we would have opportunity to apply for some grants that I I would feel pretty good we would have a good shot at, especially with the trail component.

Um some of the Utah outdoor recreation grants, I think would have some good money and some good opportunity there.

I would feel pretty confident that we would get some TRCC grant money, but just a few weeks ago it dawned on me that this park is actually in Utah County Draper.

So that probably wouldn't be an option.

However, I am familiar with a lot of the Utah County cities, Lehigh and American Fork and Pleasant Grove that have been getting money from Utah County, which we have never utilized because we haven't really had a project there, but I'd certainly love to at least try our hand and see how that went.

So certainly would be open to applying for some of those funding sources and helping will down the city cost.

Is option A should that be bid out winter 2026?

No, it would be winter like January 2027.

Yeah.

Yeah.

Um Tosh, the parks and trails committee too, kind of talked about like that need for where a park should go and stuff, because kind of asked the similar question you did.

And I think most of the people on the committee really did feel that this is an area that really could benefit having a nicer park there.

Because they don't really have anything much right where they're located.

No, I mean it is a really growing area with lots of young families with small kids.

I know it would be greatly appreciated.

I I think it would be phenomenal if we could get half of it paid for with a grant.

I we've certainly been able to do that in the past, but that would just I would feel a whole lot better about it if we could get some grant funding in.

It's also possible, I wonder, like with the trails, like the dirt trail.

I wonder if the foundation would maybe help with that portion too.

Possibly.

Yeah.

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

So we have 500 already set aside.

Right.

So we would need additional 700, right?

Correct.

So could we I would I would be really open to doing the phases dependent on the funding coming through?

I don't really want to fund something that we aren't sure we have the money to pay for.

For most of the grants, though they work on a reimbursement.

So we would have to fund it, but with the understanding that we're not gonna expand the money or we're not gonna build it unless we get the grants we're looking for.

If you're comfortable with that.

I think I think I might because we always have to pay for it, and then we submit to the funding grant agency for reimbursement.

I love the idea of Utah County kicking in a little bit.

I would actually love to try it.

Yeah, I agree.

And I wonder if we could put on the agenda for the next parks and trails meeting to talk about the dirt trail is yeah.

From the I know the loop trail we would plan to do in-house.

That's one that our crews could do.

No, the paved one would need to contract, but the one a little lower than that.

You wouldn't need to do that.

We would do that.

And we'd probably we'd get one of our regular flow trail contractors to help with the upper one.

But maybe foundation's interested in helping with that one.

Okay.

So I do I do feel that there are some outside funding sources we could apply if you like the idea of this concept and going forward with it.

So and then it'd just be a question if we want if if you were interested, we could either fund it next month when you do your final budget, or we'd have to bring it back at a different time in a budget amendment.

And either would be fine.

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

Okay.

I know I've got several emails.

I know several of you have got emails and and then asked when we you know intend to do it.

So it is something that residents would love, and it is it is a need in in that area of our city for sure.

I know I'm just fresh off Jensen Farms.

That is so such a beautiful park.

And what that's done for that whole neighborhood and stuff is amazing.

Yeah, they've all been really supportive and really excited.

Very well received.

I I just want to bear in mind that with the tax increase and same better maintained parks and trails.

I really want to make sure we're putting that as a priority before we're adding on.

Certainly.

I definitely agree with that.

I mean, I think we should just fund it and go with the additional amenities and restrooms.

We have the money now and the park impact fees.

I think we just go.

And then if we can get some if we can get the uh the grants, then great, but I think we should just execute on it at this point.

Is that a motion, sir?

Okay, sorry.

Not a motion, but a direction is it a I think direction?

That sounds just one.

I think let's well, I'm sorry, go ahead.

To your point, don't we also need to look at the expenses for Phoebe Brown?

Yes.

Okay, so I just want to make sure there's actually enough funding there.

I I think the next step would be to look at those funding sources, come back and say, Here are the possibilities, and then get additional direction.

Let's do that.

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

At least want to do that.

Yeah.

Can I ask one more question though?

Is it possible to do you know, kind of as you did with um Jensen Farm to do phases so we could do something that was um you know, maybe closer to the $500,000 level and then add to it as needed, or yeah, that's always possible.

Um it gets a little trickier, like we've we've already kind of started with our contractor since the first part has been funded.

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

Alright so three of you want to have them look at some funding sources and come back yeah okay thanks Red we've got a few minutes before seven o'clock if you want to take a break and come back at seven different from the side all right ladies and gentlemen I'd like to welcome you to our city council meeting this evening get it started um our first item is the is the pledge or a second item is the Pledge of Allegiance and we're gonna have that by Mr.

Jake Sorensen our IT director go ahead sir for which it stands under thought individual with liberty and justice for all thank you Jake the next item on our agenda is an opportunity for people to make general public comment if you're here for an item that is on our agenda for public hearing there's a few um we ask that you wait until that public hearing if that's what you want to talk about um so we can keep everything coherent but if you have a general public comment is there any here would like to make a general public comment all right seeing no general public comments we'll move on to item number four which are our items for uh consent vote by the council item four a isn't a motion would be to approve the July 7th 2026 city council meeting minutes item 4b would be to approve resolution 2636 a resolution reappointing Jamie Pogue as a member of the Draper Parks Trails and Recreations Committee is there a motion Mr.

Mayor I'd like to make a motion to approve the consent calendar all right motion by Tosha to approve the consent calendar second I'll second second by Brins there any further discussion are hearing no Tasha how do you vote?

Yes Brian yes Catherine yes Mike yes for Ed yes items passed unanimously five to zero item five is next these are items for council consideration item five a is a public hearing for the providing of local consent for a limited service restaurant license for bear tracks holdings LLC DBA Black Bear Diner and we'll have our report by Travis DeYoung go ahead Travis all right so limited service restaurant license for bear tracks holdings here's the overview they're at State Street 12057 south and they want a limited service restaurant license which allows restaurants to store sell and serve wine beer and heavy bear alongside a food purchase here are the requirements they have to meet as far as the distance they have to be 300 feet away from the nearest community location measured by shortest pedestrian route or and they can't be within 200 feet measured by a straight line from the entrance to a community location here is it the 300 foot distance requirement um more than uh 2000 feet away from the nearest community location which is this church center up there in school and a straight line requirement um they're nowhere near a community location so they meet that requirement as well the actions to provide local consent or deny and our code says there's no limitation that the city can place on the number of limited service restaurant license we have in the city any questions for Travis council members I have a couple questions um so I notice that this is a restaurant that serves you know breakfast is there a time when the alcohol um can be started to be served or can it start at when they open early in the morning I'm not familiar with time restrictions there might be we'd have to check the code okay I guess and then my other question would be are there other restaurants that are open in the morning that who have um these licenses in Draper?

Is there a time when the alcohol um can be started to be served, or can it start uh when they open early in the morning?

I'm not familiar with time restrictions.

There might be.

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

Um the one that comes to my mind is the hash kitchen has at least a full service or limited service restaurant license.

Okay.

There's quite a lot.

I'll I'll add that um any time restrictions aren't in city code, they're gonna be in state code.

Council member Councilmember Johnson.

Yes, yes.

If Google AI is correct, I'm giving that caveat.

It says that restaurants can serve from 10 30 a.m.

Okay.

Um 11 30 on the weekend and 11 30 on weekdays until midnight.

Provided drinks are ordered with food, which is the type of license that they're requesting.

Okay, thank you.

So I I think they do, but they're open for lunch and dinner.

So it's not just I think I don't think it's just morning service.

Any other questions for Travis?

Thank you, Travis.

This is a public hearing item, item 5A it's providing a local consent for a limited service restaurant license for bear tracks LLC.

Is there anyone that would like to address a council in public hearing on this item?

Come on up.

Give us your name and address if you would please.

Hi there, my name is uh Fred Brazo.

I'm with uh Black Bear Diner.

I'm a regional uh director of operations.

My address is 1905 West Bridgecrest Circle in Salt Lake City.

That's my personal You're the applicant.

Okay, go ahead.

Yep.

Go ahead.

Okay, so uh so I want to speak to yeah, we'd be following the state uh the state rules and state laws uh 1030 and 1130 uh in the morning.

And really uh the whole point of the alcohol license is for someone in dinner to be able to get a beer or lunch and on the weekends mimosas.

Um so that's basically it.

All right, that's all I wanted to say.

Do you do anybody have any questions for the applicant since he's up here?

All right, thank you.

Thank you.

Is there anybody else who would like to make a public comment?

Right seeing none closed public hearing.

Is there a motion?

Um can I ask one quick question?

I it's probably for the applicant.

I'm curious if other brown bear black bear diners have um this limited service, and and um is that in Utah if there are other ones that are serving alcohol already?

So uh uh there's a hundred and sixty-eight diners in the nation.

Uh all of them except for Utah have uh beer and mimosas.

They also do wine.

Um and the Leighton is the first one in Utah.

Well, I take that back.

Uh St.

George uh serves uh the mamosas and the beer.

Uh Leighton also does, and we're working towards uh all of them doing that.

Thank you.

Mr.

Mayor, I'd like to make a motion.

Go ahead.

I'd like to approve local consent for limited service restaurant license for bear tracks holdings.

We have a motion by Tasha to approve the limited uh restaurant license.

Is there a second?

Second by Fred.

Any further discussion?

Okay.

Fred?

Yes.

We're in.

Yes.

Mike.

Yes.

Catherine.

Yes.

It's approved unanimously five to zero.

Right.

Take us to item number six.

This is also a public hearing.

It's orders number 1731.

It's an ordinance amending the official zoning map of Draper City for approximately 1.08 acres located at approximately 265 east, 13275 south, otherwise known as the the Adamal zoning map amendment request with a staff report by Nick Whitaker.

Nick, go ahead, sir.

Thank you.

So, yes, this is the Adamo zoning map amendment.

Here's a vicinity map.

The property here is in blue in the middle.

And here is an aerial map of the property.

Uh land use map, the current land use designation is uh residential medium density.

Um here is the zoning map.

It's currently zoned as RA1, and as you can see, the surrounding neighborhoods have slowly turned to RA2.

Uh here's the applicant's proposal.

Uh the current zone, of course, as I mentioned, is RA1.

Uh, the requested zone is RA2.

So an over you uh overview and definition.

So RA1 uh requires a 40,000 square foot minimum lot size.

RA2 uh is half of that.

It's a 20,000 square foot minimum lot size.

The definition is actually both definitions are exactly the same in our code.

In terms of land use compatibility, the current zoning actually is not compatible with the land use.

The um the proposed zone, RA2 is compatible.

Um because of that land use amendment is not required.

Uh Planning Commission, um voted for a positive uh recommendation um uh June 25th.

Here is a photo of the property.

And any questions or comments?

Any questions for Nick?

All right, thank you, Nick.

I have you back.

Um, this is a a public hearing, it's ordinance 1731.

Is the applicant here?

Like to come up, sort of give us give us your name and address and go ahead and make whatever presentation you want to make.

My name's Mike Adamo.

I live at the uh subject address 265 East, 13275 South, and Draper.

Um essentially, uh most of the adjoining parcels have turned from RA1 to RA2, um, or like one of the only like three left.

Um as Nick said, uh, the land use actually isn't compatible with how it is right now.

So I just asked if you guys have any questions.

Anybody have any questions for the applicant?

Doesn't appear so thank you.

Thank you.

You can have the last word after the public hearing if you want.

All right, this is a public hearing.

It's uh ordinance 1731.

Is there anyone that would like to address the council on this item?

5B.

All right, seeing no public comment, we'll close the public hearing.

Bring it back to the council.

Mr.

Mayor, yes, sir.

I move the adopt uh ordinance 1731 and uh amend the official zoning app at Draper City.

Second, uh second.

Second by S Lowry to do it.

Is there any further discussion?

All right, hearing number green.

How do you vote?

Yes, Ms.

Lowry, Stalin.

Yes.

Ms.

Johnson, yes, Mr.

Lowry.

Yes.

Items approved unanimously five to zero.

Item five C is a is a public hearing was ordinance 1732 and 1733.

The applicant is asked to continue that.

Ask I'd ask for a motion to continue it out.

We have to have it within 45 days, but a motion to continue would be in order.

So moved.

Uh Mr.

Green is moved to continue.

Is there a second?

I'll second.

Tasha, did you have second?

Uh Brent, sorry.

Okay, so second by Mr.

Green.

Or first a motion by Mr.

Green, second by Ms.

Johnson.

And any further discussion.

Aaron Mr.

Green, how do you vote?

Yes.

Ms.

Johnson?

Yes.

Mr.

Lowry.

Yes.

Ms.

Lowry.

Yes.

Ms.

Dalin.

Yes.

Items approved unanimously to be continued five to zero.

That takes us to item number five D.

And this is an ordinance of Draper City amending the text of title six and nine of the city municipal code related to short-term rentals.

And we'll have our staff report on this by Mr.

Todd Draper.

Go ahead, sir.

Thank you.

And I am filling in for Todd Taylor, who uh did all the work on this but is not able to be with us today.

So uh as you stated, this is the short-term rental text amendment.

Uh just a little bit of background here.

There were work sessions that were held with the council uh on those four dates, uh starting last year and into this year.

Some of the goals that came from that were we wanted to prove public safety, protect the neighborhood character, provide some clear operating rules, ensure that we got our tax collection, and that we could enable some tracking and enforcement of these uh short-term rentals.

So, with that, we have a couple of requirements that are put together in this ordinance.

One is that they would need to uh obtain a business license and also a short-term rental permit.

So two two uh things that they would have to renew annually.

So the process that's laid out in this ordinance, uh the application uh would have uh owner or owner's agent, known as a host.

Uh they would have to provide us with a floor plan, the site plan, and what their proposed maximum occupancy would be.

We have some other details in the ordinance about how to kind of help determine what that occupancy should be based kind of on the bedroom count and the size of the bedrooms.

These would be administrative approved by the zoning administrator, and like I mentioned, they'd be renewed annually, and they could be revoked for any of those uh things there, false information on the application not operating as described if they're out of compliance with the conditions that were set, if they refused the inspection, if they are delinquent on their taxes, or if they get two uh citations or charges within a 12-month uh time period, or if they're just found to be a nuisance by the court.

Uh something that has been added to this since the planning commission meeting is a violation section with a fine of a thousand dollars for operating without a permit.

These would be allowed in all residential districts.

Uh they could be all or a portion of a unit.

Uh they could be in the detached ADU with a valid permit.

Um they would not be allowed on a property that already has an internal accessory dwelling unit.

So no kind of double dipping two units uh plus the main unit.

These wouldn't be allowed in tents, trailers, campers, RVs.

Uh for the same similar reason as the IIAUD, we're not going to allow these in a unit with the long-term rental, so it's not kind of switching back and forth, and not for commercial purposes.

Um couple of occupancy rules, uh, short-term rental, one per residential unit, one renter at a time.

So you're not going to be dividing these up into every single bedroom with a different renter.

Uh the renter needs to be 21 years old per year uh suggestions.

We've added that in that they stay a minimum of three consecutive nights, and they need to be less than the 30 consecutive days, so 29 consecutive days or less.

Um the maximum occupancy is just again set on that bedrooms and parking that's available.

And then there are a couple of exemptions because it's kind of already built into those for RV parks, manufacturing mobile home parks, bed and breakfast ins, hotels, motels, or motor lodges, which are already regulated and have that transient tax.

The uh minimum standards here, of course, two persons per bedroom, uh 70 square feet per bedroom.

That's kind of a building code issue or size, and then for every additional 50 square feet, they could have an additional person.

And then you'll see the chart there for the parking, the uh two spaces is kind of the starting point, and then an additional half space for every bedroom or sleeping area in S of the two, and those always do round up as you see.

So when we hit the 4.5, we're hitting five, and so forth.

Couple of other aspects here.

Uh, we wanted to have the ability of the host to urgently respond if needed.

Uh so the host needs to have either them or or uh a person designated that can be available by telephone 24-7 and be at the property within 30 minutes.

Uh they need to uh these are the things that were kind of added in after the planning commission discussion, uh the ability to evict guests upon notice failing to comply with the applicable law or on two or more occasions, and notice uh would be sent to uh the immediately surrounding property owners, including those directly across from a street or right away, uh the draper fire and the draper police.

They would still have to comply with regular uh ordinance as far as noise, uh health department regulations, things like that, and then they need to post inside the short-term rental, the rental dwelling permit, the business license, the number for the urgent response hotline, the applicable rules, and uh set of new or good neighbor guidelines that uh we've also put together that are the uh following resolution on your agenda.

And this is just what those neighbor guidelines are.

And then one additional thing that was added was uh to post on the outside of the short term near the front door, name and phone number for that urgent response line, uh, but with a smaller sign, maximum eight and a half by eleven or eight by eleven maximum size, no advertising on that, just the contact information.

As far as health and safety goes, these would still have uh requirements and and would be checked, of course, at inspection fire extinguisher uh smoke alarms, uh carbon monoxide, and then if they have fire sprinklers that they would comply with their annual inspection requirements.

The electrical panel would need to be labeled and clear uh and accessible, and then they would need to have their address and the house numbers visible as far as maintenance, just adhering to the typical city standards for maintenance that would be required for any residential property, and then in the listing online that they include both their uh their number or their permit of their short-term rental permit and their business license.

And then inspections would be allowed as needed to ensure compliance, so that could be periodic or uh just as needed or as upon complaint.

And that is most of the presentation.

Uh Planning Commission did hear this at their May 28th meeting, uh, and they'd recommend uh give a positive recommendation to the council on a 5-0 vote.

And if you have any other questions for the um I have a couple of questions, if that's okay.

Can you just clarify about um where uh short-term rental is permitted inside of a dwelling unit?

Is it um an internal ADU or just a room or a section of the home?

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

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

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

Okay.

Um, and then I noticed that they can be issued um citations for violation.

Are there any fees or fines associated with those?

Jennifer might know better.

It would just follow our general um code enforcement fee and process.

So there is the thousand dollar fee if they're caught operating without the permit um and license, but if there's violations, then it just goes to our normal code enforcement process.

Okay, thank you.

And sorry, my last thing is I noticed that it said eight eight by eleven.

Yeah.

But she paid for eight by eight and a half by eleven, so I know.

I think we should probably look at that.

I thought it was eight and a half by eleven myself, so yeah.

You know, eight on the size of any other questions for Todd?

Right.

Um, this is a public hearing.

Um, so we'll take public comment.

I have one card from uh Aaron Kirkham.

Mr.

Kirkham, if you'd like to come up, give us your name and address, please.

Let me if you haven't done public comment here in our city.

Our rules are fairly simple.

There's a clock to my right, your left.

It's set at three minutes.

We give everyone equal amount of time, but we don't give anybody extra.

So if you get to three minutes and it beeps, it your turn will be up.

Just make your comments.

You can ask rhetorical questions.

We're not going to engage you in a conversation.

So go ahead, sir.

Thank you very much.

Uh Aaron Kirkham, I live at 1212 East 8280 Sandy, Utah.

I'm a manager uh for Cun Vigo Vacation Rentals here, representing a home at 1262nd, uh 1267 Hick and Looper.

Um, really my comments are generated towards the three-day minimum.

Uh really, it's my recommendation for the council to have put consideration on this.

Salt Lake City just passed a similar thing of two days, and it has already been put on hiatus that they're not accepting permits because there's been such a pushback, and they have a two-day minimum.

I realize that uh three-day, I anticipate the data suggests that it's to diminish parties and removing some of those dynamics when you already have a violation process in place that if there is a party, they'd get an associated violation and thus remove it.

Um I'd also remind the court that in McCall, Idaho, and Lanlava Hot Springs, Idaho, there was both similar uh regulations put in place, to which both went to the state level, lost at the Supreme Court, and that same consideration of people are being active within the short-term rental community to ask for our associated rights uh for property usage.

I can't think of another business where you can only accept people for a an extended period or a minimum if the same scene was applied for other hospitality-based things, a bed and breakfast or a hotel, they equally would have challenges doing three-day blocks when it falls amongst the same dynamic.

Um those are my comments.

Thanks so much for your time.

Thank you, sir.

Is there anyone else would like to make a public comment on ordinance 1721 to the council?

All right.

Seeing no further public comment, um, I'll close the public hearing.

Council members, Mr.

Mayor, I move that we adopt ordinance just a moment.

So as we were reviewing this, um, we need a quick correction to this, just under a review of state statute under 10 3704, the form of an odd ordinance.

It needs to have under subsection six and seven, um, a statement indicating the penalty for violation of the ordinance and a reference to that, as well as a penalty for violation of the ordinance to include the like if it includes the possibility of imprisonment.

Um so we need to do some technical corrections to this just to make sure.

If you could include that with what you want to continue this, or do you want me to adopt it with the corrections pursuant with state law?

Yeah.

Okay.

Your motion to continue it.

Mr.

Mayor, I just move to continue it and then we'll get the right uh resolution in front of us to get notice to the public.

Your motion is to continue it for technical edits by the staff.

Yes, Mr.

Mayor.

Is there a second?

I'll second.

All right.

We have a motion, a second to continue this item for some technical edits.

And that will just be an action item for public hearings done.

That should include also the correcting of the size for the posting to be eight and a half by eleven instead of eight.

Yeah.

Any further discussion on that?

Can I I ask I I had a couple people reach out and and talk about their concerns with um with parking enforcement in general, and as we're doing this, um if we're looking at trying to make this um make short-term rentals more um effective for the neighborhood and things like that, then I I think uh I appreciate the parking and occupancy standards that we're putting in place.

I think that's a really important part about this.

Um but there are also other parking issues that we have in some of the areas where we have problems with the short-term rentals in my neighborhood and and a couple near me.

And and if we can um I think we need to be fair with parking, we should be um if we're going to uh emphasize uh enforce them at the short-term rentals.

I think we should also be enforcing them in the neighborhoods where there are already existing standards.

Okay, any anybody else.

All right, Mr.

Green, how do you vote?

Yes, Mr.

Lowry.

Yes, Ms.

Johnson.

Yes, Ms.

Lowry.

Yes.

Dalin.

Yes.

All right, items have passed um and continued for technical edits at five to zero.

That takes us to the item five easy an action item.

It's resolution number 2633.

It's a resolution of the city council adopting the Draper City Short-term rental good neighbor guidelines.

Um we can go through these and then uh since they're related to the last one.

Uh you may want to either continue them or if you want to adopt them now and then uh wait for the uh corrections on the rest of it.

Whoops.

So really these are just the good neighbor guidelines that we would ask to be posted in a short-term rental.

Um they deal with how to contact the police, emergencies uh for emergencies and for the host.

Uh explaining where the fire safety is, the fire extinguisher, smoke detectors, uh uh carbon monoxide, asking not to tamper with them.

Uh again, reminding them there's no commercial events that are permitted.

Uh, and then the noise ordinance, quiet hours, 10 p.m.

7 a.m.

And then just reminding them to park where they're they've been asked to park or where they should be asked to park by the host, so they're not blocking the driveways and uh mailbox sidewalks and neighboring properties, uh, and then reminding of the occupancy limits, uh maintenance and picking up after themselves, and then uh explaining just kind of some of those regulations for pets if they do bring them.

So that is what those consist of, and we're just looking for uh adoption of the resolution to coincide with the ordinance.

Same motion, Mr.

Green.

Yes, Mr.

Mayor, we'll let's uh coach this one.

Let's just approve.

Can you back it up?

Can I look at it one more time?

Yeah, sorry.

There it is.

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

No major motion to approve.

I'll move to approve of Mr.

Mayor.

All right, motion by Mr.

Green to approve.

Is there a second?

A second.

All right, second by Miss Nolan to on that.

Is there um any further discussion?

I think these are great good neighbor guidelines.

I think a lot of people in a lot of neighborhoods could benefit from these and in their homes too.

All right.

Anybody else?

Mike Eddie vote.

Yes.

Catherine?

Yes.

Tasha?

Yes.

Bryn?

Yes.

Red.

Yes.

Items approved unanimously five.

It's a zero to them to exist to item five F.

It's also an action item.

It's resolution 2636, a resolution amending the consolidated fee schedule of Draper City.

We'll have a staff report by John Vike.

Go ahead, sir.

This is just uh change to the consolidated fee schedule to include the short-term rentals.

I don't know if you want to uh postpone this till we adopt next week or um go ahead.

You can adopt the you can adopt the fee without having the mechanism to charge it, yeah.

So it's adopting those fees.

It also adopts um the adjusted fees for the uh solid waste uh pickup that we discussed uh previously.

So $19 for uh base cans and then ten dollars and fifty cents for additional garbage and recycling cans.

So those are the changes to the consolidated fee schedule.

Coincide with the waste solid waste contract.

Correct.

Okay.

All right.

Is there questions or discussion or motion?

Mr.

Mayor, I make a motion that we approve item five F resolution 26-37.

All right, motion by Bryns or second.

I'll second.

Second by Tasha.

Any further discussion?

Hearing none, Brynn how do you vote?

Yes, Tasha?

Yes, Catherine.

Yes, Mike, yes, Fred.

Yes.

Items approved unanimously five to zero.

Item five G is next.

This is an action item ordinance 1734.

It's an ordinance amending title three of Draper City Municipal Code governing the structure and procedures of the planning commission as required by state law.

Spencer.

Go ahead, sir.

I'm gonna feel like I I should be on an episode of curb your enthusiasm here because I'm gonna ask that we continue this.

And um we noticed this, and the ordinance was ready, and then we had some internal discussions, decided that we wanted to look at a few things.

So I would ask that the council make a motion to continue this item.

Is there a motion?

So moved.

Motion by Mr.

Green to continue.

Is there a second?

I'll second.

Second by Ms.

Johnson.

Is there a further discussion?

Hearing them, Mr.

Green, how do you vote?

Yes.

Johnson?

Yes.

Mr.

Lowry.

Yes.

Lowry.

Yes.

Ms.

Dallin.

Yes.

Items approved unanimously and continued five to zero.

That takes us to item number six.

Motion to adjourn.

Is there any did you have something to bring up?

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

We don't have the second yet.

So uh is there any council manager items?

I just a huge shout out to David Wilkes and Kelly and Rhett and all of our city staff.

I I'm in just so amazed at everyone's hard work and effort to Draper days.

So thank you to all of them.

And to our police and fire.

I mean, their presence and for the last several weeks has been great.

So thank you.

I I would just echo that, and I've asked people how they're feeling if they're recovered, and they all say no.

So I think they've really worked really hard last week, and I definitely appreciated it.

I thought it was one of the best draper days the whole way through.

The rodeo was fantastic, well done.

Um it was a great it was great.

I enjoyed it thoroughly.

Anyone else?

I heard a tremendous number of compliments, and it's just such a great feeling of community.

It really brings us together in a way that we otherwise don't.

And it's such a unique and special once-a-year event.

And I truly appreciate all the hard work that goes into that.

I know it was many sleepless nights for some of our staff.

So you guys are seen and appreciated.

We couldn't do it without you.

I would just add, I um have heard lots of positive feedback about the new configuration.

I look forward to hearing discussions about that, but but all the feedback I got was really positive about that new setup.

Thank you.

Anyone else have anything else to bring up?

I have one.

Um just for clarification.

So um with respect to personal firework use, is that what you were gonna bring up, Mr.

Barker?

Oh right.

Well then I'll do I'll delve in.

As you know, um on the fourth of July, the governor issued a an executive order that allowed the allowed municipalities to um enact a ban on the discharge of personal fireworks statewide.

His order was based upon the forester's determination that the whole entire state was in extreme fire danger, which it was.

Um as we got closer to the twenty-fourth, we've been waiting as a league um for direction from the governor as to what he was gonna do.

Um we'd really like to have had it last week, it would have been a lot easier to communicate, but it that's not how it happened.

So what happened this time in a nutshell um is the governor um has issued another order, but because the entire state is not in extreme fire danger, um the southern part of you of the state has received some significant rain in certain areas.

It changed the the overall extreme fire danger statewide.

So the new order um allows a the the municipality with uh allowing mayors, it's still an emergency order, so the mayors have executive authority.

So the order requires the mayor and the fire chief to consult and decide if the conditions in the community warrant either um a full ban or a partial ban based upon some amendment of the historic uh map that we've all used over the years.

Um as you all know, I've reached out to all of you asking you for your input, and you all agreed that it it would be good to listen to our fire chief.

Um and as we as Clinton and I have consulted with each other and Mr.

Barker and and Tracy, and as we've looked at the conditions in Draper City, the fact that we have a significant number of homes, um, a number of our neighborhoods in the wooy or the wildland urban interface.

Um the conditions are not better in Draper, they have gotten worse, they're drier, they're more the fuels are worse than they were on the fourth.

It made sense to ban them on the fourth, and it makes absolute sense to ban them on the twenty-fourth.

And so based upon that uh analysis by Chief Smith and myself and all of us, we've we've applied to the state forester.

So the process was made I would say ridiculously complicated for something that was so easy on the fourth.

This required cities to make an application today by two o'clock to the State Forester with our reasons for whatever ban we wanted to do.

Um, and then the State Forester was going to grant um the the order and allow us to do what we asked the state forester to do.

So if you just wanted to use your old map that we all set up in on May first, you didn't have to do a thing.

You could have just let it go and your old map would be in force.

If you wanted to change your map, make it tighter, make it bigger, whatever you want to do, you had to apply by two o'clock today.

If you wanted to enact a full ban in your community, you had to apply by two o'clock today.

We all applied.

Um the order just came out while we've been sitting here.

Um I got it by email and it it lists um it's interesting to look at.

It look it lists each municipality statewide, and it it it lists exactly what they're doing and at lists their reasons for doing it.

So it's now out.

Um it has been approved.

So for the record, personal firework discharge from the for the normal period of the 24th of July are banned in the city of Draper.

There are no personal use fireworks l allowed anywhere in the city of Draper.

They're all banned, with the exception of fire sparklers that are provided for in the code.

But any other type of firewall, it's it's banned in the city of Draper for the discharge period, which I believe starts tomorrow and goes through the 25th.

Again, it would have been nice to have had this information out last week, but nonetheless, even and just to address quickly, even though some parts of the city last night got some rain, including my house, um, the amount of rain that we got and the level of fuel dryness that we have, the rain didn't do anything, it didn't make a difference.

Um it would take significant rain on continuous period of time to make these fuels more less dangerous than they are.

So our view of it is between Chief Smith and I that this makes the most sense.

I my view of it is if I have the power to do it and I want to err on the side of extreme caution.

I don't want anyone to lose their home.

We're I don't want to lose a neighborhood, and I don't want to lose our open space to careless fireworks.

We had tremendous compliance um on the fourth.

Um, our citizens were fantastic.

They adhered to it.

We only wrote one citation and one warning.

I hope it's just as good coming up this time because the best way to help each other out is take care of each other is not starting any fires.

So anyway, that's an update on that.

That's all I have.

Anybody have anything else, Mike?

Go ahead.

I did.

I I wanted to address um a topic that came up last meeting regarding um the non-emergency number as well as uh looking at it and expanded what some cities call a 311 program.

So earlier this I was just saying that it wasn't this week, it was last week.

Um John Rich Kelly Linda and I met to talk about current constraints that we might have in the city and how we could um utilize our resources that we have to try and and provide better service in this area.

Um Rich um has has enough well we're trying to we're trying to encourage the public, and so we've we've changed our website or our website to highlight uh within the police department during business hours to call a a different number, not the 4,000 number at VEC.

Um we talked about um putting together public service campaign to educate the public on how to contact us, and I'll I'll be having that conversation with department directors in our department director meeting tomorrow to see how people are communicating with them and and what numbers they're using.

Are they using email?

Are they filling out online forms that type of thing?

Um then I think John was gonna talk to uh Jen and McKenna, who are the women that um staff our finance um uh presence in the lobby to see what types of calls they're fielding just to see how we can route things and provide better service in this area.

So it's an ongoing process.

We've taken a few initial steps, but we'll uh return with uh a more comprehensive plan in the future.

Or to anybody else.

Thank you, Mr.

Markart.

That sounds great.

I think just pushing out to residents the actual numbers and emails so it's more clear who they can actually call for exactly what they need.

I think that would be a huge step.

That way people aren't calling trying to call VEC or 911 for a you know a broken sprinkler head in the park, something or something like that.

Yeah, I I looked at the statistics and I believe it was VEC receives and I I've sent them to the same stats to council member Johnson, but I think VEC receives almost half a million non-emergency calls a year, which is about twice as many 9-1 calls.

So they see about 200 and some odd thousand 911 calls.

So actually their non-emergency lines are the ones that have the most calls but aren't being serviced, obviously with with 911 being a priority, but um they do they do receive a lot of calls there, and it would be nice if we could pull some of that burden away from them if we have the resources to address that.

There's nothing else.

Clinton Rich, thank your folks for all their good work and to have that many people in the community and have no major medical issue and no rest, no incidents.

Fantastic.

So is there a motion to adjourn?

So moved.

Motion by Mr.

Granton second.

I'll second.

Second by Ms.

Johnson, all in favor say aye.

Are there any opposed?

We are adjourned.