30 Lindon City Policies and Procedures Manual to clarify procedures and to add needed policies to the manual. He then turned the time over to Kristen Colson, Finance Director.
2019 City Council Agendas & Staff Reports
1 Lindon City Council Staff Report Prepared by Lindon City Administration November 2, 2020 2 Notice of Meeting of the Lindon City Council The Lindon City Council will hold a meeting beginning at 5:15 p.m. on Monday, November 2, 2020 in the Lindon City Center Council Chambers, 100 North State Street, Lindon, Utah. The agenda will consist of the following: Scan or click here for link to download agenda & staff report materials: REGULAR SESSION 5:15 P.M. - Conducting: Jeff Acerson, Mayor Invocation: Jake Hoyt Pledge of Allegiance: By invitation 1. Call to Order / Roll Call (Review times are estimates only) (2 minutes) 2. Approval of Minutes: The minutes of the regular City Council meeting of October 19, 2020 will be reviewed. (5 minutes) 3. Council Reports (10 minutes) 4. Administrator's Report (10 minutes) 5. Presentations and Announcements a) Comments / Announcements from Mayor and Council members. (5 minutes) 6. Open Session for Public Comment (For items not on the agenda) (10 minutes) 7. Consent Agenda -- (Items do not require public comment or discussion and can all be approved by a single motion.) The following consent agenda items were presented for approval. (5 minutes) 8. Discussion Item -- Short-Term Rentals. The Council will continue the discussion of options for regulating short-term rentals within the City. (20 minutes) 9. Review & Action -- Discontinue Emergency Declaration, Resolution #2020-25-R. The City Council will review and consider Resolution #2020-25-R to discontinue Lindon City's emergency status. (5 minutes) 10. Closed Session -- Closed Session to Discuss the Sale or Purchase of Real Property. The City Council will enter into a closed executive session to discuss the potential sale or purchase of real property per Utah Code 52-4-205. This session is closed to the general public. (20 minutes) Adjourn All or a portion of this meeting may be held electronically to allow a council member to participate by video conference or teleconference. Staff Reports and application materials for the agenda items above are available for review at the Lindon City Offices, located at 100 N. State Street, Lindon, UT. For specific questions on agenda items our staff may be contacted directly at (801)785-5043. City Codes and ordinances are available on the City web site found at www.lindoncity.org. The City of Lindon, in compliance with the Americans with Disabilities Act, provides accommodations and auxiliary communicative aids and services for all those citizens in need of assistance. Persons requesting these accommodations for city-sponsored public meetings, services programs or events should call Kathryn Moosman, City Recorder at 801-785-5043, giving at least 24 hours-notice. CERTIFICATE OF POSTING: I certify that the above notice and agenda was posted in three public places within the Lindon City limits and on the State (http://pmn.utah.gov) and City (www.lindoncity.org) websites. Posted by: /s/ Kathryn A. Moosman, City Recorder Date: October 28, 2020; Time: 2:30 p.m.; Place: Lindon City Center, Lindon Police Dept., Lindon Community Development Lindon City Council Agenda November 2, 2020 Page 1 of 1 3 REGULAR SESSION 5:15 P.M. - Conducting: Jeff Acerson, Mayor Invocation: Jake Hoyt Pledge: By invitation Item 1 Call to Order / Roll Call November 2, 2020 Lindon City Council meeting. Jeff Acerson Carolyn Lundberg Van Broderick Jake Hoyt Mike Vanchiere Randi Powell Staff present: __________ Item 2 Approval of Minutes Review and approval of City Council minutes: October 19, 2020 4 2 The Lindon City Council held a regularly scheduled meeting on Monday, October 19, 2020, at 5:15 pm in the Lindon City Center, City Council Chambers, 100 North State 4 Street, Lindon, Utah. 6 REGULAR SESSION 5:15 P.M. 8 Conducting: Invocation: 10 Pledge of Allegiance: Jeff Acerson, Mayor Mike Vanchiere Jeff Acerson 12 PRESENT EXCUSED Jeff Acerson, Mayor 14 Carolyn Lundberg, Councilmember Jacob Hoyt, Councilmember 16 Van Broderick, Councilmember Randi Powell, Councilmember 18 Mike Vanchiere, Councilmember Adam Cowie, City Administrator 20 Brian Haws, City Attorney Kathryn Moosman, City Recorder 22 1. Call to Order/Roll Call The meeting was called to order at 5:15 p.m. 24 2. Approval of Minutes The minutes of the regular City Council meeting of 26 October 5, 2020 were reviewed. 28 COUNCILMEMBER HOYT MOVED TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 5, 2020 AS AMENDED. 30 COUNCILMEMBER VANCHIERE SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS: 32 COUNCILMEMBER LUNDBERG AYE COUNCILMEMBER HOYT AYE 34 COUNCILMEMBER BRODERICK AYE COUNCILMEMBER POWELL AYE 36 COUNCILMEMBER VANCHIERE AYE THE MOTION CARRIED UNANIMOUSLY. 38 3. COUNCIL REPORTS: 40 Councilmember Broderick Councilmember Broderick questioned with the recent 42 range fire as the canal is shut down if water can be pumped up to assist with the fire. Mr. Cowie confirmed water can be pumped up but it comes at a higher cost and the time 44 involved to make that happen. 46 Councilmember Vanchiere Councilmember Vanchiere reported Neil Schwendiman is officially the new Director at the North Utah County Solid Waste District and Roger Lindon City Council October 19, 2020 Page 1 of 10 5 2 Harper has retired. He also reported the Planning and Zoning Department have some things coming up and everything is going well. 4 Mayor Acerson Mayor Acerson had nothing to report. 6 Councilmember Hoyt Councilmember Hoyt mentioned an email received from a 8 resident requesting a 9pm end time rather than the current 10pm time at the Creekside Park pickle ball courts due to the noise. Following some discussion, the Council was in 10 agreement to have further discussion on this matter in order to have a solution before next season. 12 Councilmember Lundberg Councilmember Lundberg reported the restroom 14 installation at Fryer Park is going well. She also noted the trees have been planted at Hollow Park for future noise mitigation at the pickle ball courts. She also mentioned a 16 letter she sent to the council regarding short term rentals noting she would like to have this issue as a discussion item on the agenda at the next meeting. Mr. Cowie confirmed 18 that discussion item is on the next agenda. 20 Councilmember Powell Councilmember Powell spoke on the recent range fire noting there was no security presence there to keep people out of the area around the water tank. 22 She also mentioned that longtime resident and former councilmember Darrell Frampton passed away. She reported she will be attending the upcoming Historical Preservation 24 Commission meeting. She also spoke about livestreaming meetings through Facebook. Mr. Cowie confirmed when the equipment upgrade is complete in the council chambers, 26 all meetings will be streamed on Facebook live. 28 4. Administrator's Report: Mr. Cowie reported on the following items followed by discussion. 30 Misc. Updates: 32 · Next council meetings: November 2nd & November 16th · November newsletter assignment: Mike Vanchiere 34 · Vote by Mail Ballots were mailed the week of October 12th · City wide Fall Cleanup: November 13th 22nd 36 · Continued discussion of Short-term rentals in November meetings · Police Chief opening has been posted. Chief Adams last day as Lindon's Chief is 38 October 31st. · Governor's orders have changed. Utah County is at a high level and he is 40 assuming the emergency declaration is still valid; he will check with the city attorney. 42 · Update on the Range Fire. · Misc. Items: 44 Councilmember Hoyt left the meeting at this time 6:50 pm 46 Lindon City Council October 19, 2020 Page 2 of 10 6 2 5. Presentations and Announcements: a) Comments/Announcements from Mayor and Council members. 4 6. Open Session for Public Comment Mayor Acerson called for any public 6 comment not listed as an agenda item. 8 Rylie Braught, Lindon resident addressed the council at this time. Mr. Braught spoke on the Norton property proposal. He stated as a resident there are reasons he 10 moved here to Lindon, one being the half acre lots. He stated the approval of 10 units per acre is the question here and this is causing real problems in their neighborhood with 12 neighbors against neighbors with different ideas of what should be developed there. They feel that 10 units per acre is too high and, in his opinion, this is not right. He asked the 14 council why they approved this plan as this is affecting their property values and he wants to know what their mindset was in making this decision. He stated he wants to be 16 part of this community, but he has a problem with this issue. He understands the council is in a tough spot and he appreciates their work, but he feels this is the wrong thing to do. 18 Mayor Acerson pointed out this is in a commercial zone not residential and the because of the property depth the owners wanted to maximize their property. 20 Councilmember Powell stated all citizens are welcome to reach out to any of the council at any time. She stated her concern was the access in and out and this was about 22 accessing off of State Street as if it were a commercial development; access was the key point for her as to not impact the existing residents. 24 Councilmember Lundberg commented that she understands the developer has met with residents and she has heard that the count has been coming down. They are trying to 26 scale back and trying to be sensitive to residents and mitigate any traffic concerns. She added she would like to look at this ordinance a little more and maybe the door is not shut 28 and to look at how this plays out. Mayor Acerson called for any further public comment. Hearing none he moved 30 on to the next agenda item. 32 7. Consent Agenda Items The following consent agenda items were presented for approval. 34 a) Resolution: Rocky Mountain Power Franchise Agreement, Resolution #2020-21-R. 36 b) Resolution: Declaration of surplus equipment, Resolution #2020-22-R 38 COUNCILMEMBER BRODERICK MOVED TO APPROVE THE CONSENT AGENDA ITEMS AS PRESENTED. COUNCILMEMBER POWELL SECONDED 40 THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS: COUNCILMEMBER LUNDBERG AYE 42 COUNCILMEMBER BRODERICK AYE COUNCILMEMBER POWELL AYE 44 COUNCILMEMBER VANCHIERE AYE THE MOTION CARRIED UNANIMOUSLY. 46 CURRENT BUSINESS Lindon City Council October 19, 2020 Page 3 of 10 7 2 8. Review & Action -- Declaration & Disposal of Surplus Real Property, Resolution #2020-23-R. The City Council will review and consider possible 4 declaration & disposal of surplus real property located at approximately 100 N 1200 E (portion of Utah County Parcel # 14:074:0202). 6 Adam Cowie, City Administrator led this item by explaining Lindon City has 8 been approached by Steven and Lisa Chudleigh whose residence is located at 94 North 1200 East. He noted Mr. & Mrs. Chudleigh are interested in purchasing real property 10 from Lindon City that is located behind their home. Mr. Cowie explained the city property is currently used for public access to the 12 Horse Transfer Station parking area, public trail access, and access to other city utility facilities. He noted the portion of city property that the Chudleigh's have interest in 14 purchasing is located on the south end of the property and consists of approximately 8,565 sq. ft. 16 Mr. Cowie indicated if this property is declared as surplus real property, the land may subsequently be sold through a standard transaction and changes to the existing 18 zoning of the property and subdivision property lines may be required by a new owner. Mr. Cowie pointed out this is an underutilized and oddly configured portion of 20 property. He noted the procedure for the disposal of parcels of real property as outlined in Lindon City Code was consulted and an official appraisal of the property by Gurney & 22 Associates Real Estate Appraisers dated September 17, 2020 found the property valued at less than $100,000 and so the disposal is not bound to the requirements listed in the city 24 code. Mr. Cowie further explained the City held a public meeting about the property 26 disposal on October 19, 2020 after mailing notice of the meeting to land owners whose property abuts the subject property. The City has received interest from an adjacent land 28 owner (Steven & Lisa Chudleigh) to purchase the property at the appraised value of $2.10 per square feet of land plus covering closing costs, cost of the appraisal, and any 30 other incidental costs of purchasing and transferring ownership and adjusting subdivision lot boundaries of the property so that Lindon City bears no direct cost for selling the 32 property. Mr. Cowie indicated that the City will also retain a storm drainage easement 34 across the surplus property for installation of a storm drainage pipe needed to carry storm water away from the remaining portions of the property. He noted if the City Council 36 determines that the property is surplus real property the proceeds will be used to benefit Lindon City for use in funding other public purposes. 38 Mit Ratsapasith, neighboring property owner addressed the council at this time. He questioned what the city will be doing with the property in the future as he also owns a 40 vacant lot adjacent to the subject property. Mr. Cowie replied that long-term the city has identified this area on the park master plan as public open space with no formal design of a 42 major park but it is identified on the park master plan; how it develops in the future is not determined yet. He noted he is aware that this area is currently a "hangout area" and the 44 police patrol there periodically. The City Attorney pointed out that area is designated as a park area and is therefore subject to the city's curfew ordinance. He encouraged anyone to 46 please call the police if there are any issues after curfew hours (10:30 pm) noting the police are happy to respond and offenders will be prosecuted. Lindon City Council October 19, 2020 Page 4 of 10 8 2 Mayor Acerson called for any further comments or discussion from the Council. Hearing none he called for a motion. 4 COUNCILMEMBER VANCHIERE MOVED TO APPROVE RESOLUTION 6 #2020-23-R DECLARING AS SURPLUS AND AUTHORIZING THE DISPOSAL OF REAL PROPERTY LOCATED AT APPROXIMATELY 100 NORTH 1200 EAST AS 8 PRESENTED. COUNCILMEMBER POWELL SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS: 10 COUNCILMEMBER LUNDBERG AYE COUNCILMEMBER BRODERICK AYE 12 COUNCILMEMBER POWELL AYE COUNCILMEMBER VANCHIERE AYE 14 THE MOTION CARRIED UNANIMOUSLY. 16 9. Public Hearing -- FY 2021 Budget amendment, fee schedule amendment; Policy Manual Amendment. Resolution #2020-24-R. The City Council will 18 review and consider city-initiated amendments to the FY2021 budget and fee schedule and review updates to the Lindon City Policy & Procedures Manual. 20 COUNCILMEMBER POWELL MOVED TO OPEN THE PUBLIC HEARING. 22 COUNCILMEMBER BRODERICK SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED. 24 Mr. Cowie opened this item by stating the City Council will review and consider 26 city-initiated amendments to the FY2021 budget and fee schedule and review updates to the Lindon City Policy & Procedures Manual. He noted a public notice of the budget 28 amendment has been advertised and a public hearing was held on October 19, 2020 regarding the needed proposed amendments. He noted it is also necessary to update the 30 Lindon City Policies and Procedures Manual to clarify procedures and to add needed policies to the manual. He then turned the time over to Kristen Colson, Finance Director 32 for her presentation. Ms. Colson, stated they approved the budget for this year in June and prepared for 34 Covid-19. She noted they have seen some really good revenues come in and the fiscal year ended better than expected with an excess fund balance. She indicated in the first 36 several months of this fiscal year good revenues are continuing to come in so the budget needs to be amended. She noted some items in this budget amendment are carrying over 38 from the last fiscal year with projects that didn't get completed and also putting some things back in the budget including the "Cares Act" federal funding that was dispersed 40 through Utah County. Ms. Colson noted the on-going budget reports indicate several budget and fee 42 schedule items which need to be adjusted to more accurately reflect actual costs associated with current projects, and revenues and expenditures that need to be updated 44 based on new information and data obtained since the budget was adopted in June. 46 Ms. Colson then went over the Budget Amendment Notes as follows: 1. Increase budgeted taxes and fees because the economy is doing better than we Lindon City Council October 19, 2020 Page 5 of 10 9 2 anticipated. With the increased revenues, expenses which were requested, but not included in the original budget will be added into the budget in this amendment. 4 2. Grants: · $7,000 grants for radios (new) · $6,000 grant for emergency management (new) · $60,300 grant carrying over from 2020FY for Creekside 6 Park 3. Decrease in interest earnings due to declining interest rates. 8 4. At the end of June, Lindon City received $837,872.68 in Coronavirus Relief Funds (CRF) from Utah County as part of the CARES Act. Fund 25 was set up to 10 track the spending of these funds on qualified expenses. There are transfers to other funds to cover capital expenses, such as work being done to the Aquatics 12 Center in order to distance patrons entering the Aquatics Center from those who are exiting. 14 5. This budget amendment includes a retroactive cost of living allowance (COLA) increase for employees. This was not included in the original budget because 16 when the budget was approved, we did not know how much Lindon's economy would be affected with the COVID-19 pandemic and quarantine. Since the 18 passing of the budget, Lindon has seen increases in revenue and the economic outlook indicates that revenues will continue to be normal or above normal. 20 The consumer price index (CPI) had an average annual increase from March 2019 22 - February 2020 of 2.0%. This is the time period that we looked at when beginning to prepare the 2021FY budget. The CPI did decline slightly in March 24 and April, but has been increasing since May. This budget amendment includes a 1.4% COLA. When combined with the 2.6% merit increase from implementation 26 of the new pay scale which was approved with the 2021FY budget, the total increase will be 4%. The new pay scale with the 1.4% COLA is included with this 28 budget amendment. The cost of the COLA is about $70,000 citywide. 30 Another payroll change is increasing on-call pay from $200/week to $235/week, but decreasing the number of employees on-call during the week from 2 to 1. In 32 the past, an employee from the Parks department is on-call from April to October. From now on, a Public Works on-call employee will cover after hour park issues 34 throughout the whole year. With this change, I also changed the on-call pay to be coded to the PW Administration department rather than coded to the whichever 36 department that the on-call employee works in. The costs in the PW Administration department are allocated equally between the General, Water, 38 Sewer and Storm Water Funds. This allows equal sharing of the on-call costs. 40 Additional payroll changes include increases for hiring more experienced water and sewer employees at higher steps than originally budgeted, as well as 42 increasing the Police temporary employee budget $20,000 to cover the intern, emergency management coordinator and reserve officers. 44 6. Travel and training expenses have been added back into the budget. 7. The police department is purchasing radios for each officer. 46 8. The City is purchasing a new software program to be used by building inspectors, planners and public works. Public works is also purchasing GPS equipment. Lindon City Council October 19, 2020 Page 6 of 10 10 2 9. The streets department is purchasing a used air compressor for $10,000 and a pneumatic asphalt roller for $38,000. This equipment will help City employees do 4 work that has been contracted out in the past. 10. The PW building need A/C repair of $8,000. 6 11. PW is purchasing a new truck with a snow plow and will surplus 2 old trucks. 12. The Parks and Recreation Director requested that these budgets be increased back 8 up to the original requested amounts. 13. The light bollards need replacing at Pioneer Park. 10 14. The improvements at Creekside Park were not completed in the 2020FY and are being carried over into 2021FY. 12 15. The parks department is purchasing a new truck. 16. An asphalt pad was put in the cemetery. 14 17. Most of the extra revenue in the General Fund will be transferred to the Roads Capital Improvement Project (CIP) fund, the new Facilities CIP fund, and the 16 Debt Service Fund. The transfer to the Debt Service fund is to make the last 3 payments of the Public Safety Building bond. This will pay off the bond in 5 18 years, rather than 15 years and save about $216,000 in interest. 18. The Aquatics Center will add a new slide with contributions from the RDA and 20 PARC tax. This was postponed from last year. 19. PARC tax will be used to install smart timers on sprinklers and benches next to 22 the pickleball courts at Hollow and Creekside parks. 20. The Fryer Park restroom was postponed from the 2020FY. 24 21. There is an opportunity to purchase property for a future park. 22. The City will contract to update the water master plan. 26 23. Water companies are increasing their water share assessments. 24. The water department is purchasing a water line repair trailer with valve exerciser 28 so that they can do more jobs in-house rather than contracting with a third party. 25. The North Union Canal piping project was not completed during the 2020FY and 30 there are some expenses carrying over into 2021FY. 26. The SCADA system is being upgraded. This expense is being shared by both the 32 water and sewer funds. Also, there was a sewer line repair and additional sewer lines will be repaired. 34 27. The sewer system is having an assessment study done. 28. The sewer TV truck software is being upgraded. 36 29. Since Lindon Days was condensed due to the COVID-19 pandemic, the revenues and expenses were less than anticipated. 38 30. The changes in revenues and expenses are balanced and offset by changes in the use of, or appropriation to, fund balances. 40 Mr. Cowie then went over the Lindon City Policies and Procedures Manual 42 summary of updates as follows: · New Telework Policy Section 5.22a TELEWORK / REMOTE WORK; This 44 policy has been created to provide opportunity for and regulate telework options within the workplace. Telework is defined as working remotely away from an 46 assigned office by use of digital technology or phone. · 6.1.2 (3) Returning Seasonal / Temporary Employees. Merit increases for Lindon City Council October 19, 2020 Page 7 of 10 11 2 returning seasonal employees and/or temporary part-time employees may be provided on a case-by-case basis as budgeted and approved by the Department 4 Head at the beginning of each season or temporary work period (i.e., start of new pool season; start of new soccer season, etc.) 6 · 2.7 Accident Injury or Loss Procedure. Definition of `loss'. For purposes of this section, `loss' shall be defined as being deprived of $100 in value or costing 8 $100 or more to repair or replace. Loss can include damage to equipment or property that is greater than $100 in value or literal lost or stolen equipment. 10 Employees shall immediately, or as soon as possible, report all accidents, personal injuries or loss to their Department Head. Department Heads shall document any 12 incidents of accidents, personal injuries or loss and report employees involved in repetitive accidents, injuries or loss to the Risk Management Committee for their 14 consideration of possible disciplinary action. · 3.3.1 Vehicles Assigned to City Administrator, Police Chief, and Public 16 Works Director. At the discretion of the City Administrator, a vehicle stipend may be negotiated in lieu of the city providing an actual vehicle for these 18 positions where such stipend is reasonable and provides benefit to the city and employee. 20 · Personal Purchases. Unauthorized personal procurements with city funds or through city accounts or obtained with city government discounted rates shall be 22 considered cause for disciplinary action up to and including termination. City officials and employees shall not use opportunity for discounted or government 24 rates to purchase goods or services for personal use, unless the supplier makes provides in writing that such goods or services are made available to all municipal 26 officials and employees on the same terms, provided the official or employee pays for such items from his or her own money, and provided that these purchases will 28 not improperly influence the officials, employees or a City department in the discharge of their duties or in making purchases of commodities. Any authorized 30 personal procurements through city accounts shall not be tax exempt. · 6.1.7 On-call. The Public Works Director, or designee, will provide 24 hour on- 32 call coverage to receive and respond to all calls after hours. The Parks & Recreation Director may also assign one parks employee to be on call during the 34 secondary water service operation and during heavy rental periods between April 1st and October 31st. 36 · 6.18 FACILITY RENTALS. Employees, Planning Commissioners and Elected Officials are entitled to four (4) free rentals of city facilities per calendar year, 38 excluding the Aquatics Center facilities. Facilities available for rent include park pavilions, Veterans Hall, and Community Center rooms. Use of free rentals of 40 City facilities is subject to availability. Free rentals are primarily intended for family or social purposes and shall not be used for profit generating business 42 ventures. · Ethical Behavior Pledge & Form - to be added. 44 Following some general discussion regarding the budget notes and policy and 46 procedures manual changes presented the Council was in agreement to approve the FY 2021 Budget amendment, fee schedule amendment and policy manual amendment as Lindon City Council October 19, 2020 Page 8 of 10 12 2 presented. The Mayor and Council thanked Ms. Colson and Mr. Cowie for their work on the budget amendment and budget notes stating they are very helpful and informative. 4 Mayor Acerson called for any public comments. Hearing none he called for a motion to close the public hearing. 6 COUNCILMEMBER POWELL MOVED TO CLOSE PUBLIC HEARING. 8 COUNCILMEMBER BRODERICK SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED. 10 Mayor Acerson called for any further comments or discussion from the Council. 12 Hearing none he called for a motion. 14 COUNCILMEMBER BRODERICK MOVED TO APPROVE RESOLUTION #2020-24-O APPROVING THE FY 2021 BUDGET AND FEE SCHEDULE 16 AMENDMENT AND POLICY MANUAL AMENDMENTS AS PRESENTED. COUNCILMEMBER LUNDBERG SECONDED THE MOTION. THE VOTE WAS 18 RECORDED AS FOLLOWS: COUNCILMEMBER LUNDBERG AYE 20 COUNCILMEMBER BRODERICK AYE COUNCILMEMBER POWELL AYE 22 COUNCILMEMBER VANCHIERE AYE THE MOTION CARRIED UNANIMOUSLY. 24 10. Discussion Item -- Cemetery Fees for Residents vs Non-residents. The City 26 Council will discuss possible changes to the Cemetery Fees for purchase of burial plots, interments, transfer of burial rights and other fees. Direction provided for 28 future fee changes. 30 Mr. Juan Garrido, Public Works Director, was in attendance to present to the council possible changes to the Cemetery Fees for purchase of burial plots, interments, 32 transfer of burial rights and other fees. Mr. Garrido began by explaining that staff did an analysis of what neighboring Cities are charging for burial plots and found out how many 34 charge Resident vs. Non-Resident plot sales. Mr. Garrido noted they found out pros and cons of such process and how time consuming it is trying to keep track of such 36 differences as follows: Pros 38 a) Discount for living and paying taxes in Lindon City. Cons 40 b) Trying to keep track of residence status at the time of death. c) Having to make changes to the burial rights and trying to collect the cost 42 difference when the family is going through the burial process. 44 Mr. Garrido stated the proposal to charge residents and non-residents the same amount is done in order to simplify tracking and eliminate misunderstandings at the time 46 of burial. He also presented the annual average number of interments and internment Lindon City Council October 19, 2020 Page 9 of 10 13 2 costs and breakdowns. There was then some general discussion regarding the information presented. 4 Following some additional discussion, the Council was in agreement there are a lot of things to consider and be thinking about on this issue and agreed further discussion 6 is needed at a future meeting. Mr. Cowie stated they will bring back a final proposal to the Council for review and possible approval. 8 Mayor Acerson called for any further comments or discussion from the Council. Hearing none he called for a motion to adjourn. 10 Adjourn 12 COUNCILMEMBER BRODERICK MOVED TO ADJOURN THE MEETING 14 AT 7:18 PM. COUNCILMEMBER VANCHIERE SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED. 16 Approved November 2, 2020 18 20 ____________________________________ Kathryn Moosman, City Recorder 22 24 _________________________ 26 Jeff Acerson, Mayor Lindon City Council October 19, 2020 Page 10 of 10 14 Item 3 - COUNCIL REPORTS: (10 minutes) A) MAG, COG, UIA, Utah Lake Comm., ULCT, NUVAS, IHC Outreach, County Board of Health - Jeff Acerson B) Police/Fire/EMS, Emergency Mgmt., Irrigation Co. Representative/Board member, City Buildings - Van Broderick C) Public Works/Engineering, Historic Commission, Administration, Building Const. & Inspection - Randi Powell D) PG/Lindon Chamber of Commerce, Economic Development, Lindon Days - Carolyn Lundberg E) Planning Commission/BOA, Planning/Zoning, General Plan, Transfer Station/Solid Waste Board - Mike Vanchiere F) Parks, Trails, and Recreation, Cemetery, Tree Advisory Board - Jake Hoyt 15 Item 4 - ADMINISTRATOR'S REPORT (10 minutes) Misc. Updates: Next council meetings: November 16th & December 7th Status update on Police Chief vacancy December newsletter assignment: Heath Bateman General Election: Tuesday, November 3rd City wide Fall Cleanup: November 13th 22nd Mayor's Thanksgiving Dinner event cancelled this year due to Coronavirus December 7th Tree Lighting 6pm Broadcast only of tree lighting; Council meeting conflict how to handle in the future? Utility billing / water meters Misc. Items 16 Item 5 Presentations and Announcements a) Comments / Announcements from Mayor and Council members. 17 Item 6 Open Session for Public Comment (For items not on the agenda - 10 minutes) ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 18 Item 7 Consent Agenda Consent agenda may contain items which have been discussed beforehand and/or do not require significant discussion, or are administrative in nature, or do not require public comment. The Council may approve all Consent Agenda items in one motion, or may discuss individual items as needed and act on them separately. There are no consent agenda items for approval. 19 8. Discussion Item -- Short-Term Rentals. The Council will continue the discussion of options for regulating short-term rentals within the City. (20 minutes) This item is for discussion purposes only. No motion will be made. 20 Lindon City 100 North State Street Lindon, UT 84042-1808 TEL 801-785-7687 FAX 801-785-4510 www.lindoncity.org Utah State Code Short-Term Rentals Utah Code 10-8-85.4. Ordinances regarding short-term rentals -- Prohibition on ordinances restricting speech on short-term rental websites. Amended in 2017 (1) As used in this section: (a) "Residential unit" means a residential structure or any portion of a residential structure that is occupied as a residence. (b) "Short-term rental" means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days. (c) "Short-term rental website" means a website that: (i) allows a person to offer a short-term rental to one or more prospective renters; and (ii) facilitates the renting of, and payment for, a short-term rental. (2) Notwithstanding Section 10-9a-501 or Subsection 10-9a-503(1), a legislative body may not: (a) enact or enforce an ordinance that prohibits an individual from listing or offering a shortterm rental on a short-term rental website; or (b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website. Utah State law regarding short-term rentals was based off the argument that advertising a short-term rental is a free speech right and that cities cannot use short-term rental websites to enforce short-rental regulations. Cities should base their enforcement off of complaints and investigations rather than using these websites as a proactive tool. The Sharing Economy "The sharing economy: an old concept made new through the internet-based sharing of underutilized space, skills, and stuff for monetary and non-monetary benefits. These companies encourage people-- and businesses--to use resources more efficiently and to share non-product assets (like time) as well as conventional "stuff." Citizens can share space in their homes (Airbnb), seats in their car (Lyft, Sidecar, UberX), places to park (Park Circa), used clothing (ThredUp), outdoor gear (gearcommons), time in the day (TaskRabbit, Instacart), and even capital (Zopa, Prosper)." Cohen, Molly and Corey Zehngebot. "What's Old Becomes New: Regulating the Shared Economy." Boston Bar Journal. April 1, 2014. https://bostonbarjournal.com/2014/04/01/whats-old-becomes-new-regulating-the-sharingeconomy/ Types of Short-Term Rentals 1. Hosted sharing, where the primary occupants of a residence remain on-site with guests; 2. Unhosted sharing, where the primary occupants of a residence vacate the unit while it is rented to short-term guests; 3. Dedicated vacation rentals, where there are no primary occupants 21 4 Types of Regulatory Approaches 1. Quantitative Restrictions limiting the amount of STR accommodations, the number of allowed visitors or days rented, and the amount of times a STR can be rented out per year. 2. Locational Restrictions confine STR's to specific locations. 3. Density Restrictions limit the number of STR's in certain neighborhoods. 4. Qualitative Restrictions define the type of accommodation (room or apartment), licensing, building code compliance. Nieuwland, Shirley and Rianne van Melik (2018): Regulating AirBnB: how cities deal with perceived negative externalities of short-term rentals, Current Issues in Tourism, DOI: 10.1080/13683500.2018.15048999 Questions Can cities prohibit or regulate short-term rentals within their community? · Yes. However, cities need to adopt appropriate ordinances in order to regulate. Can cities require a business license for short-term rentals? · Yes. The City would need to do a fee study to determine the appropriate fee to charge. Can cities require that the short-term rental be owner occupied? · Yes, cities such as Sandy and Riverton set minimum requirements for how often the home must be owner occupied vs rented during the year. · Hurricane, Utah requires that a home owner may only own one short-term rental in the city. Can cities set limits on how many individuals can rent a short-term rental? · Yes, cities like Lehi, Sandy, Riverton set limits on how many renters can stay at the rental. Do cities receive taxes for short-term rentals? · Yes, short-term rental companies remit transient room taxes to the State of Utah and then appropriate taxes are passed on to local jurisdictions. · FY 2019-2020 $2,500, FT 2018-2019 - $800. · One concern is if the short-term rental is not registered with a STR company then the State of Utah is not collecting taxes. Do short-term rentals limit affordable housing options? · Some research shows that owners earn more money off of nightly short-term rentals than long-term rentals (greater than 30 days). Of the 12 short-term rentals in Lindon that are advertised on Air BnB's website, 9 of those appear to be using separate accessory apartments. These units would typically have be used for long-term affordable housing. Comparing short-term rental sites there are between 12-25 short-term rentals listed on the web in Lindon. Is insurance typically required? · A number of cities require proof of insurance prior to issuing a rental permit or business license. · AirBnB has a host protection insurance program that provides liability coverage for up to $1 million per listing location. Hosts need to pay extra for this coverage. · Homeowners insurance policies typically provide little to no protection when renting a home for short-term rentals. For long-term renting, an insurance company can add a write-on to an existing policy. Most insurance companies require a separate policy for short-term renters due to the number of different people coming and going from the rental. 22 Short-term Rentals (STR) Short-term Regulations Rentals Allowed Orem Yes · Regulates rental by family or 4 unrelated individuals Pleasant Grove No No Provo No · Unlawful to maintain a STR in a residential or agricultural zone Lehi Yes · Home has to be owner occupied for majority of the year · not located within 600' of school · one parking stall per bedroom · limited to 10 people or as limited by parking · curfew and quiet hours from 10 pm to 6 am. American Fork No Also prohibits accessory apartments to be used as STR Springville No* No Sandy Yes · Community divided into 29 districts. Allows so many STR's per district, waiting list. · Rental allowed in main dwelling or accessory apartment · Proof of ownership · Must be owner occupied and owner must live in the home a minimum of 183 days per year · Rental limited to 182 days · Minimum of 1-night vacancy between rentals · Limited to 8 related or 4 unrelated renters · Required to provide off-street parking · Nameplate posted at entrance or rental and info packet Millcreek Yes · Allowed in specific residential zones Cottonwood Yes · Only allowed in multi-family and mixed-use zones. Heights · Only allowed in PUD or condo developments of 8 or more units with private streets. · Not allowed in single family zones. Spanish Fork Yes No Salt Lake Yes · No used for commercial purposes County · Proper site and housekeeping maintenance · Entrance nameplate and sign Riverton Yes · Owner occupied for 185 nights · Rental allowed for 150 nights · Off-street parking · 4 hours vacancy between renters · Rentals are limited to 8 renters · Proof of sales tax · Info packet at entrance Hurricane Yes · Owners can only have one STR in the City · Must have a 300' separation between STR · 3 licenses per 1,000 residents · Nuisance violations · Required parking · Required posting of rules and contact info · Maximum occupancy of 10 *Springville is in the process of possibly updating their code to allow short-term rentals Business License No No No Yes, $50 No No Yes, · $85 for special use permit. · $40 first time processing fee · $140 if gross receipt over $50,000/yr · $90 if gross receipt under $50,000 per/yr Yes, $145 Yes, $350 No Yes Conditional use Permit: $175 Yes, $100 23 Options to Consider When Regulating Short-Term Rentals Whether to regulate, prohibit, or take a "hands-off" approach. Are there benefits that Lindon City and its residents can capture by allowing STR's while also ensuring that STR's operate in a responsible way? Whether to require a business license. Whether to establish baseline levels for safety and accountability. Whether to establish location standards and spatial concentration which zones, separation, distance, cap the number of units. Good neighbor information. Colorado Springs requires that once the City gives approval, the homeowner is then required to send out a notice to surrounding neighbors letting them know they have been approved by the City for a short-term rental. The notice includes the owners contact information. Some jurisdictions also require a local representative that can respond to complaints. Whether to require proof of insurance. Whether to set parking standards. Decide if the home should be owner occupied for a period of time. · Does the City allow accessory apartments to be rented if the homeowner lives on site? Whether to set vacancy requirements. Whether to set occupancy limits. Whether to set noise, quiet hour, or nuisance limits. Whether to require entrance information postings. Whether to require a building inspection. 24 9. Review & Action -- Discontinue Emergency Declaration, Resolution #2020-25-R. The City Council will review and consider Resolution #2020-25-R to discontinue Lindon City's emergency status. (5 minutes) Sample Motion: I move to (approve, deny, continue) Resolution #2020-25-R to discontinue Lindon City's emergency status (as presented, or with changes). 25 RESOLUTION NO. 2020-25-R A RESOLUTION OF THE LINDON CITY COUNCIL TERMINATING THE DECLARATION OF A LOCAL EMERGENCY IN LINDON CITY AS PROCLAIMED BY THE MAYOR ON MARCH 23, 2020 AND CONTINUED BY RESOLUTION ON MAY 4, 2020. WHEREAS, on March 23, 2020, the Mayor proclaimed a declaration of a public emergency in Lindon City in response to the Covid-19 pandemic, and as the Lindon City Council passed Resolution 2020-10-R on May 4, 2020, extending said declaration; and WHEREAS, Resolution 2020-10-R was a continuing resolution that extended the Declaration of a Local Emergency until such time as the Lindon City Council found it reasonable and prudent to terminate the Declaration; and WHEREAS, the Utah State Department of Health has established the State of Utah's Transmission Index and has designated Utah County as a high level of transmission area, thereby establishing state mandated requirements and standards that are to be followed in Utah County in response to the Covid-19 pandemic; and WHEREAS, on October 19, 2020, Utah County terminated the County's Public Health Order previously issued on September 22, 2020, finding that the state's new Transmission Index effectively covered and replaced the County's order and finding that all individuals throughout Utah County are expected to adhere to the health orders issued by the State of Utah; and WHEREAS, the Lindon City Council finds and affirms that Lindon City residents are likewise expected to adhere to the health orders of the State of Utah; and WHEREAS, in light of the actions of the State of Utah, the Lindon City Council finds the prior declaration of a local emergency is no longer necessary and that it is reasonable and prudent to terminate the declaration so that Resolution 2020-10-R does not continue as an open-ended resolution. NOW, THEREFORE, BE IT RESOLVED BY THE LINDON CITY COUNCIL, as follows: 1. That the Lindon City Council terminates the Declaration of a Local Emergency in Lindon City proclaimed by the Mayor on March 23, 2020, and continued by resolution of the City Council on May 4, 2020. 2. That this Resolution shall take effect immediately. PASSED, AND RESOLVED by the Council of Lindon City, Utah, this 2nd day of November, 2020. ATTEST: ___________________________ KATHRYN A. MOOSMAN CITY RECORDER ________________________________ JEFF ACERSON MAYOR 26 10. Closed Session -- Closed Session to Discuss the Sale of Real Property. The City Council will enter into a closed executive session to discuss the potential sale of real property per Utah Code 52-4-205. This session is closed to the general public. (30 minutes) 27 ADJOURNMicrosoft Word 2013