Highland City Council Preview for 5-Oct-2021

This will be an interesting meeting. Below are the agenda items which captured my attention:

• Rentable Scooters in Highland presentation
• Annual library report
• DR Horton/Lehi/Highland agreement
• Mountain Ridge Park development decision
• Mitchell Hollow Baseball Field partnership agreement

This meeting will be held at city hall but we will also stream it on our YouTube channel (click here to watch). 

You can find an abbreviated meeting agenda. The complete agenda (47 pages) which includes the staff reports associated with each item can be accessed by clicking here.

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Highland City Council Agenda
Tuesday, October, 5th 2021 at 7:00 PM

Virtual Participation

• YouTube Live
• Email comments prior to meeting: council@highlandcity.org

The time and duration listed at the end of agenda items is my guess as to the start time of

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1. UNSCHEDULED PUBLIC APPEARANCES 7:05 PM
   Time has been set aside for the public to express their ideas, concerns, and comments. Comments are limited to 3 minutes..

2. PRESENTATIONS 7:15 PM

• Bird Scooters: Mike Butler from Bird Scooters will present a proposal to furnish scooters for use within Highland City
  
• Annual Library Report – Library Director Donna Cardon

3. PLAT AMENDMENT: PHEASANT HOLLOW PLAT C Administrative. 7:45 PM
   The City Council will consider a request by Highland City to amend the Pheasant Hollow Plat A subdivision to adjust the property lines of lots 9 and 10 to create one lot and two parcels. Below is a property diagram and summary of the request:
   

• The request is for approval of a plat amendment to the Pheasant Hollow subdivision to adjust the property lines of lots 9 and 10 to create one (1) lot that is 31,226 square feet.
• Parcel A is 23,369 square feet and is to remain Highland City property as a detention basin (non-buildable parcel). The detention basin is part of the infrastructure of Canal Boulevard.
• Parcel B is 3,123 square feet and is to remain Highland City property to protect the American Fork River (non-buildable parcel).
• 39,311 square feet is being formally dedicated as public right of way for Canal Boulevard.
• It is being proposed that Lot 1 will be included back into the HOA with full rights and will adhere to all the Association’s bylaws, declarations, covenants, conditions, and restrictions thereof.
• Parcels A and B and the public right of way are not part of the HOA, nor subject to any bylaws, declarations, covenants, conditions, or restrictions
4. A TRI-PARTY AGREEMENT BETWEEN HIGHLAND CITY, LEHI CITY, AND DR HORTON INC. Administrative 8:05 PM
   
   
   The City Council will consider a request for approval of a tri-party agreement between Lehi City, Highland City, and D.R. Horton for the development of property currently located in Utah County. Highland Boulevard and 11800 North. This property has been included in the Highland City annexation policy plan. DR Horton has petitioned Lehi City for annexation of the property. In exchange for Highland City not protesting the annexation an agreement has been structured that I believe benefits Highland given that the annexation request would most likely survive any protest we make (we have the opinion of four individual attorneys plus a former chair of the county review board that the request to annex into Lehi would be almost certainly upheld should Highland contest the agreement). Also, we did have an agreement dated in 2014 between the then mayor’s of Highland and Lehi and supported by the Highland City council for Lehi to annex the 109 acres provided the property be developed at 2 lots per acres. Lehi was willing to uphold that agreement. DR Horton did present two plans to us; one with 2 lots per acre in the 109 and then higher density in the surrounding property and the plan which this agreement would allow. Of the two plans a majority of the neighboring residents preferred the plan being approved.
   
   Highlights of the agreement include the following:

• Highland shall continue to own and maintain the Highland Boulevard Section, and Lehi shall be responsible for fifty percent (50%) of the cost (the “Lehi Maintenance Contribution”) incurred by Highland to maintain and repair the Highland Boulevard Section in accordance with Highland’s roadway standards and requirements (as the same may be modified from time to time) and Highland’s bidding and contracting procedures.
  It is normally the case that the city  which owns the right of way pays for the road. In my view this was a generous concession.

• As part of the development of the Horton Property following final approval of the Annexation Petition, Horton shall install an additional traffic light or other traffic control measure along the Highland Boulevard Section at the intersection 11800 North (the “Additional Traffic Control”). The total cost for the Additional Traffic Control shall be shared by the Parties as follows: (a) Lehi and Highland shall each be responsible for thirty-three percent (33%) of such costs; and (b) Horton shall be responsible for thirty-four percent (34%) of such costs.
  Typically the adjoining cities would split the cost of a traffic signal based on the frontage. The would mean that Highland would have born 75% of the cost and Lehi 25%.

• Develop the Horton Property substantially in accordance with the Concept Plan, subject to the following density limitations for each pod of development shown on the Concept Plan (each, a “Pod”): (which Horton may increase by no more than ten percent (10%) depending on the final location and layout of proposed open spaces and roads):

  1. No more than 77 single family lots located the 45 acre Pod designated on the Concept Plan as “Estate”;
  2. No more than 95 single family lots located on the 36 acre Pod designated on the Concept Plan as “Emerald”;
  3. No more than 174 single family lots located on the 40 acre Pod designated on the Concept Plan as “Horton Plus”;
  4. No more than 249 units located on the 39 acre Pod designated on the Concept Plan as “Active Adult”; and
  5. No more than two total clubhouses (one for the single-family residences and one for the active adult units).

• Notwithstanding the foregoing, Horton may increase the total number of lots or units permitted in any Pod by up to ten percent (10%) so long as the total density of the Horton Property (the annexed 109 acres plus another 80 acres already located in Lehi) as a whole does not exceed five hundred ninety-seven (597) units.
  Here are the positives relative the to development. All single family homes except in the active adult pod. Active adult developments have significantly lower impact on traffic and schools than standard residential. 42% of the development will be active adult.

• Incorporate the recommendations set forth in that certain Traffic Study, dated Aug 18, 2021, prepared by Horrocks Engineers, with respect to Highland Boulevard.

• Set the minimum lot size of any subdivision of the Horton Property directly adjacent to the boundary with Highland shown on the Concept Plan to be no less than one-half (1/2) an acre.
  The western border of Dry Creek Highland backs up to DR Horton property that is currently in Lehi and was not subject to the 2014 1/2 acre lot agreement. 

• Include a trail connection to the Dry Creek area of Highland as part of the development of the Horton Property so long as the intervening landowner(s) have granted an easement to Highland for trail purposes.

5. OPEN SPACE PURCHASE AGREEMENTS Legislative 8:30 PM
   

   The City Council will consider a purchase contract template for the open space purchases approved by the Council on June 15th, 2021. This template will be used for all open space parcel purchases. The city has engaged a surveyor for all properties approved. To date ~20 out of 53 properties have been surveyed. The purchase price is $2.74 per square foot as established in Resolution 2021-09.
   The terms of the contract include:

   • The entire purchase price be paid in full, and the Earnest Money Deposit be applied toward the total purchase price.
   • No financing.
   • The buyer shall pay all surveying costs to survey the property and to prepare a legal description and deed.
   • The buyer shall pay all costs charged by the title company/closing office for its
     services in the settlement/closing process.
   • Any special conditions regarding sprinkler plans that are approved by the Parks Superintendent.

6. MOUNTAIN RIDGE PARK Administrative 8:45 PM
   The City Council will consider the process for the future construction of Mountain Ridge Park. The council has not landed on how to configure the all-abilities/inclusive playground or the north-western section of the park which was formerly planned to have a park maintenance building. However, the council does wish to start developing the park. The goal of this item is to provide staff guidance on how to proceed with the construction of the park. The picture below depicts what was formerly planned to be phase 1.
   
   

7. DISCUSSION: MITCHELL HOLLOW PARK AND HERITAGE PARK BASEBALL FIELD PARTNERSHIP Administrative 9:30 PM
   
   

   The City Council will review the Mitchell Hollow Park Baseball Field Partnership with a possible expansion to include improvements to the baseball field at Heritage Park. This item is being presented for information and direction only.

   On October 20, 2020, the City Council approved a public/private partnership to convert
   the Mitchell Hollow Baseball Field grass infield to an artificial turf infield and directed staff to draft an agreement with Mr. Chad Christopherson. Further the Council allowed Mr. Christopherson to proceed at his own risk (without an agreement) to meet construction time frames. Ultimately, it was decided that an artificial turf infield was cost prohibitive. The partnership allowed Mr. Christopherson to use the field in exchange for these improvements.
   
   In the May 2021, Mr. Christopherson approached the city regarding converting the grass infield to a high school quality dirt infield. This was communicated with the Council, who were supportive of the project. The equipment from his construction company was also available before needed at the next job site. As a result, Mr. Christopherson was granted permission to begin construction. The Council was informed of the progress of the construction throughout the summer.
   
   Over the summer there has been damage to the field from dirt bikes and kids playing on
   the infield when it was wet. The infield had to be regraded and repaired. Because of the
   damage it is being requested that the field be enclosed, and the use potentially restricted. The Council has expressed concern with enclosing and restricting use of the field.
   
   There are several proposed remaining improvements. These include a pitching mound,
   GPS grading, another layer of special infield dirt, batters eye blackout, fencing, moving
   the backstop further back (this will allow the field to accommodate different age groups), and a new storage shed. Mr. Christopherson is also willing to add special dirt to the Heritage Park Fields and do other field improvements. Due to vandalism, there is a reluctance to invest in additional improvements.
   
   The draft agreement has been amended to include a reduction in use of the field by a team supported by My Christopherson from 50% to m October 2020 is a reduction in the use of the field from 50% of the time to 2-3 times per week from April through August in exchange for improving the field.

8. DISCUSSION: ETHICAL BEHAVIOR STATEMENT Administrative 9:50 PM
   The Council will discuss implementation of an ethical behavior statement as recommended by the State Auditor’s Fraud Risk Assessment. This item is being presented for discussion only to fulfill requirements of the State Auditor’s Office, formal action will not be taken.
   
   The Utah State Auditor developed a Fraud Risk Assessment that outlines best practices for fraud detection for local governments. The Auditor’s office does not require, but recommends that cities do their best to implement these best practices. Cities are required to complete the assessment and present it to the City Council prior to the end of the fiscal year. The report must then be submitted to the State Auditor.
   
   An ethical behavior statement has been prepared to remind the City’s elected officials and staff of the ethics standards contained in State and City code including, but not limited to: improper use of official position, accepting gifts or loans, disclosing privileged information, retaining a financial or beneficial interest in a transaction, nepotism, misuse of public resources or property, outside employment, political activity, fair and equal treatment, and conduct after leaving office or employment. The fraud risk assessment recommends that officials and staff acknowledge the ethical behavior statement in writing annually.
   Highland City Municipal Code – Standards of Conduct; Conflict of Interest
   State Municipal Employees’ Ethics Act

9. MAYOR/COUNCIL AND STAFF COMMUNICATION ITEMS 10:05 PM

1. Staff Project List – City Administrator/Community Development Director Nathan Crane
2. Future Meetings
• Oct 5, City Council Meeting, 7:00 pm, City Hall
• Oct 19, City Council Meeting, 7:00 pm, City Hall
• Oct 20, Lone Peak Public Safety District Board Meeting, 7:30 am, City Hall
• Oct 26, Planning Commission Meeting, 7:00 pm, City Hall
• Nov 9, City Council Meeting, 7:00 pm, City Hall
• Nov 10, Lone Peak Public Safety District Board Meeting, 7:30 am, City Hall
• Nov 16, Planning Commission Meeting, 7:00 pm, City Hall
10. CLOSED SESSION 10:30 PM
    The City Council may recess to convene in a closed session to discuss the character, professional competence, or physical or mental health of an individual, pending or reasonably imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated §52-4-205

ADJOURNMENT 12:00 AM

Links:

• Agenda packet for the 5-Oct-2021 council meeting
• Highland City YouTube channel
• Utah’s Highland YouTube channel (Two-Minute Tuesday videos)