All right, we'll go ahead and start. I'm Mike Green. Mayor Pro Tem for tonight's meeting. Tuesday, May 20, 2025. We have a 6 p.m. session. The first point on our agenda is our open public meetings. Epic training by City Attorney Tracy. All right, great. I know you are all so excited. How long do I have? All day. I hope. OK. We're council managers, so just. OK. Remember what the state statute requires. We'll do what the state statute requires. OK, so tonight's screening is on the Open and Public Meeting Act. So to get it started, we're just going to do some fun quizzes. I hope you're ready. OK, does anybody know where this comes from? Absolute power corrupts absolutely. Probably all heard this before. Aristotle. Aristotle. Socrates. Socrates. Any other guesses where this saying comes from? It's very famous. OK. It comes from Lord Acton. He is a former member of parliament in England. And he's kind of a mucky muck. He was a Catholic historian. He's writing a letter to an Anglican bishop. That's where this quote comes from. But it's sort of a long quote. He's essentially arguing that power tends to corrupt, and absolute power corrupts absolute. And notice his last sentence there. There is no worse heresy than that the office sanctifies the holder of it. So he's basically saying that if you are acting with absolute power, you're going to become corrupted. Moving on, anyone know who said this famous quote? Sunlight is said to be the best disinfectant. Any guesses? We're on the right track, Mike Green. Hey, it is Louis Brandeis, US Supreme Court Justice. Now, I thought he said this in a Supreme Court decision. He actually made this quote to Harper's Weekly in 1913. He said, publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best disinfectant electric light That is where you get the genesis of what is called Sunshine Laws. So Sunshine Laws are basically the regulations that promote transparency by requiring public access to government agency meetings and records. So its basic premise is to prevent fraud, corruption, and inequality. It holds government agencies accountable to the public, and it ensures that citizens can observe and understand how your decisions are made. And it basically fosters the public trust and their participation in democratic processes. OK, so open and public meetings laws are also known as sunshine laws. And sort of the history behind them, the intent of our Open and Public Meetings Act is state agencies and political subdivisions take actions and conduct their deliberations openly. This is, from a historical standpoint, it's not traceable to common law tradition with England, which a lot of our laws are, or even the founding of our country. So I guess until about the mid-1800s, Parliament did everything in secret. So it was actually closed to public. And if you publish those debates, that was a punishable offense. And then even in America, the sessions of the Continental Congress and Constitutional Convention were held in secret. And so you'll notice like Lord Acton's quote in 1887 until the mid-1800s kind of coincides with that. And then you'll see that the Freedom of Information Act, which is our federal law, was enacted in 1966. And then all states in the United States have enacted open meetings laws by 1976. So they've been in effect for nearly 50 years at this point. So that's kind of a more recent transition if you're considering the sort of law in general facing back to England. OK, so let's talk about the Open and Public Meeting Act in Utah, which is the technical code is 524-101. We're going to go into some quizzes here just to test your knowledge of What is the legislative intent of the Open and Public Bodies Act? OPMA or OPMA? Any preferences or have you heard before you've heard of it? It's the acronym. The government loves acronyms. OPMA? OPMA. OK. OK. Let's go with OPMA then. All right. So what is the intent for public bodies? Is it to act civilly, respectfully, openly, or transparently? All right, it's openly. So the law specifically says in 102, subsection 2, it's the intent of the legislature that the state, its agencies, and political subdivisions take their actions openly and conduct their deliberations openly. So keep that in mind. That is the intent of the legislature, is to do these meetings in the open. OK, true or false? AFMA does not technically require a public official to behave civilly or respectfully. City council members can be rude and disrespectful to others during public meetings when representing the city. False. What do you think? Should? Rude. But they probably should. I've seen it. OK. It's false. So we're going to look at two things, which is our city council's policies and procedures. kind of regulate you guys as a city council. And then we've got Utah Code 103-6. So let's go to Utah Code first. It just says, rules of order and procedure means a set of rules that govern and prescribe public meaning, parliamentary order and procedure, ethical behavior, and civil discourse. So I think you could make an argument as to what is civil discourse, but to treat people with rudeness and disrespect is probably not meeting state law. And then obviously, if we look at our own rules of conduct for city council members, the city council on a majority vote may expel any member of the city council for disorderly conduct. So if any of you get into disorderly conduct, the other ones can expel you from the meeting. Now, disorderly conduct, if you want a technical violation or a technical definition of this, this is the state code on that. It's essentially just behavior that's likely to disrupt the public peace or offend the public decency. So it's a pretty... high, I think you're going to have to be acting really kind of crazy to get ejected as a city council member. Right? So my favorite part in this is so when you look at this statue, these are the ways in which you conduct disorderly conduct. My favorite was section three, if you go and make unreasonable noises in a private place, it can be heard in a public place or at an official meeting. So don't run off to like this conference and start with the crazy sound effects. I think that's, I don't know all the ways that you could do unreasonable noises in a private place, but there you go. Your house is next door to the party. That's right. Define unreasonable. Define unreasonable. The jury decides. Yeah. OK, so moving on to our quiz section here. How is a quorum defined in Awkwa? Is it a simple majority of the membership of a public body? Is it B, three or more members of the public body? C, a minimum number of the public body needed to hold a ballot meeting? Or D, the number of people needed to conduct official business of the public body? Any guesses? Chief Ferguson goes with three. Okay. It is technically a simple majority of the membership of a public body. So it's A. And you can look at the state code. It says quorum means a simple majority of the membership of the public body, unless otherwise defined by applicable law. And under our city council meeting rules and procedures 3.3, we have defined it as three of five. So there you go. And just keep in mind, a little note here, that the mayor may meet at any time with up to two council members without the formation of a quorum. A minimum of three votes, which constitutes the majority of the city council. meet with up to two of you. All right. How soon do approvals get posted for the public? A, within three business days after approving the written minutes of an open meeting. B, within 30 days after holding the meeting. C, within seven calendar days after approving the minutes. Or D, as soon as reasonably possible. Any guesses? No guesses? Come on, recorder. It's A. OK. So within three business days after approving the written minutes. The law just requires that within three business days after approving those minutes of the open meeting, they must be posted and made available to the public. And then also keep in mind that 3.6 of our rules requires a reporter to prepare the draft minutes as soon as practical and for approval within 45 days. What is a justifiable reason to hold a closed meeting? There's some delineations in APMA about this very issue. A, discussion regarding a controversial recommendation from an advisory board. B, to learn confidential details about a recent crime in the city that happened. C, interview a person applying to fill an elected position or midterm vacancy. Or D, strategy session to discuss pending or reasonably eminent litigation. Good job. It's D. OK. So D is the strategy session to discuss pending or reasonably eminent litigation. that is a permissible reason to go into a closed meeting. But you've got a couple of other reasons that are also allowed to go into closed meetings. The ones that apply to cities are A through G. Now, there's a whole lot more that they set forth in that statute, but H through T are not really common for cities. So really look to A through G on the reasons why cities can go into closed meetings. So it's to discuss the character or competence, the physical or mental health of an individual, Strategy sessions for collective bargaining. Strategy sessions to discuss imminent litigation. Now, notice it's reasonably imminent litigation. Imminent usually means like the release due. Yes. Not like way off in the future. OK. Strategy sessions to discuss the purchase, exchange, or lease of real property. There's good reason for you to go into closed session for that. Strategy sessions to discuss the sale of real property, so both the purchase and the cell is permissible. And then F, you've got the deployment of security personnel devices or systems. You don't necessarily want the public to know about that. And G, investigative proceedings regarding allegations of criminal misconduct. So that one's pretty specific, but keep that in mind for criminal misconduct if there's been allegations and you've got something going on. OK. How much time is required to notice a public meeting? A, 24 hours. B, annual, C, not less than 24, or D, all of the above? OK. It's actually all of the above. So the way that it's worded in is we've got not less than 24 hours. We've also got, as public bodies, we hold regular meetings, then an annual meeting scheduled, and then also for at least 24 hours. So we've got all of it. I think if you keep in mind 24 hours, that's How often are you all required to be trained on AAPMA? It's obviously C. It's obviously C. Okay, it's annually. You are required by law to undergo this training that I am giving you tonight. So the presiding officer of the public body shall ensure that the members of the public body are provided with an annual training on the requirements of this chapter. And I noticed in the statute as I was reading through it, the training must be available in an online web-based format. OK, what is something that does not need to be recorded in the official minutes? A, date, time, and place. B, names of members present and absent. C, a record of the vote taken. D, the verbatim dialogue of all matters. Good job. OK. All right, the verbatim dialogue. So yes, all of those other things are required. Date, time, and place. Names of the members present. And then note three, the substance of all matters proposed, discussed, or decided by the public body, which may include a summary of comments made by members of the public body. And then you've got a record of your vote. It needs to be in there. The name of each person who basically makes public comment. So make sure whenever you have somebody approach to make public comment that they at least state their name. And then you've got some additional requirements there. But I think as long as you're doing Summary of the topics discussed. You're going to be covered. OK. Which of these are not required for electronic meetings? We did have to do this. So A, adoption of a resolution, rule or ordinance that would be in use of electronic meetings. B, always have an anchor location where the public may attend. C, give public notice in an electronic meeting in accordance with state code. Except for unanimous vote, all votes shall be taken by roll call. So which of these is not a requirement for electronic meetings? Can you guess? B. Confusing. B. Can you believe that? K. B. It's a law that was passed two or three years ago. So basically, except what it says in Subsection 5, public body that conducts an electronic meeting shall provide space and facilities at an anchor location for members of the public to attend the open portions of the meeting. We've got this exception. This does not apply if the chair determines that conducting the meeting presents a substantial risk to the health or safety of those present or who would otherwise be present at the anchor location. And the location where the public body would normally meet has been ordered closed to the public for health or safety You've got this exception that would allow you to not have to provide an anchor location. Basically, I think we all learned. Okay, which of these would not be a public meeting regulated by AHMA? A, council members a chance gathering in the grocery store. Brand new run into Marcia at Harman's. And maybe also Tasha is there too. D, a social gathering at the city holiday party. D, Draper days when a quorum of the public body is in attendance, the Draper days. Maybe you're all at the rodeo. Or D, all of the above. So which is not a public meeting? All of the above. All of the above. So it used to say in 524208 that chance of social meetings used to be, it was a carve out. So if it was just by chance that you ran into each other or it was a social meeting, then it was not, it was, just carved out and it wasn't considered a requirement to be open. But this changed in May of 2024. So they took that out. And now it says, basically, that members constituting a quorum of a public body may not act together outside a meeting in a confident and deliberate way to predetermine an action to be taken by the public body at a meeting on a relevant matter. So does anybody know who this is in the picture? Right? Do you all know what happened with him? What? So, many of you don't know, I worked at a firm in Indiana, and the partner's uncle was at the Board of Trustees, and so he was part of this. And so I got a little bit of the inside story on what happened. But essentially what happened is that they took all the trustees, and they had some kind of social gathering where they met with... They didn't meet the quorum, but they took four. I think there's nine on their board of trustees. And so they did four in one room. And then he went over to the dining room, and he talked to four. And then they all decided that's how they were going to outspot Knight. And so they tried to work around this. And anyway, they ended up finding out what had happened, I think, through some of their FOIA requests, like what their equivalent is of our grandma requests. But he had a lawsuit against them for that. And so that is kind of a big deal. But yeah, that's how they tried to get a consensus on what they were going to do. You can read all about it if you want to. Was he successful? The short answer is yes. True or false, a meeting of the city council with a quorum present to tour a new city facility would be a public meeting regulated. Yes, and we've got this is what a meeting, how it is defined. So it's public body with a quorum present. It's convened by an individual with authority to convene. It follows the process. And for the express purpose of acting as a public body or specified body to receive public comment, to deliberate about the matter, and to take action on that. So there you go. There's the definition of a meeting. What needs to be included on the agenda? A, reasonable specificity about the topics to be considered. B, dress code. items de-pledgeably. There we go. Reasonable specificity about topics to be considered. So as long as we've got reasonable specificity on the topic, that is an absolute requirement. So as long as we've got that, the topic shall be listed under an agenda item on the meeting agenda. OK. So our city council meeting policies and procedures defines a study meeting. You can do an agenda review. You can review items on the agenda. There is the order of business. It's the call to order by the mayor, the Pledge of Allegiance, general public comment, which is three minutes. And you don't have to take any formal action. In fact, you can't. But you can ask staff to follow up if somebody makes a public comment. Four is consent items. These are routine, but they require final approval. And then five is agenda items. We'll go into that a little bit more. So agenda items, the way our city council meeting of policies and procedures have it defined, that the council may wish to discuss or for which members of the public may wish to respond or for which a presentation will be made must be listed as an agenda item. So a written agenda for each regular meeting shall be prepared under the direction of the mayor. In the event that any member of the governing body desires to add or delete an item to a prepared agenda, then consent must be obtained from the mayor and one city council member, two city council members. So it's either the mayor and one council member or two council members. Upon receiving your request from one of those options, then the city manager can add or delete items to the prepared agenda as requested. OK, items, hearings and action items. Those must be approved by a majority. Discussion items are just policy, procedural, or other legislative or consensus building deliberations. So no formal action is ever required on those, on discussion items. You've got presentation items, which are also informal and kind of the same as discussion items, treated the same. You've got report items. Final reports are updates of programs by staff. There's no formal action required on those. And then any council or manager reports is just information only, and then you can adjourn. That's sort of the outline that we have in our city council meetings. Okay, true or false? City council members may not text or email each other during a public meeting. It's true. So read this carefully. Word 20. OK. So nothing in this chapter may be construed to restrict a member of a public body from transmitting an electronic message to other members of the public body at a time when the public body is not convened in a meeting. So that means you can do it any other time, but not when you're convened in a meeting. So keep that in mind that that's what says. Yeah. OK. Now you know. This is why we have to do annual training. OK, which of the following is false? Council actions require a motion. A motion fails if it does not receive a second. Motions to amend don't need permission from the maker. The motions to table do not need to be scheduled for future consideration. Which is false of these? Three or two? Any ideas? question mark on this. Motions to amend 2 need permission from the maker for a second. This is what our rule says. Motions to amend. So let's say somebody makes a motion. It gets seconded. Any motion being considered by the city council may be amended by permission of the maker of the motion, or the motion in concurrence of the second, or by a motion to amend a second and at least three affirmative votes. So let's talk about this. Somebody makes a motion, and you want them to amend it. Ask for their permission. You can do that. And the second. So the second needs to weigh in, too. So if you've got a motion, and it's been seconded, and you want to amend it, you need to get the permission from the maker and the second of that motion if you want to amend it. Or you can do a motion to amend. You get a second on your motion to amend, and at least three of your fellow council members vote in favor. There you go. Which of the following is true? I'll try to go fast here. These are kind of like some technical things within our own city council rules. Of these, the city council may approve a motion to continue any item for further discussion or consideration to a specific date not beyond 45 days. B, the applicant can ask for continuance any time at least seven days in advance of the scheduled meeting, and it will be granted. C, if they do that less than seven days, the mayor will determine if there is sufficient reason to continue. And if not, there's not sufficient reason. It stays on the agenda. If yes, there is sufficient reason, then the council will select the date the item is to be rescheduled by motion. D, if made in meeting, the council decides if there is sufficient reason. So that's the motion to continue. And you've seen this happen before. where an applicant comes up and they say, I think I'd like this to be continued, because they just got the staff presentation, and then they got just reamed by the public on it, and they know it's probably going to fail. So I know that you've seen this before. And then E, if they make that motion in the meeting, sorry, I didn't mean to skip over this, the council decides if there is sufficient reason to continue. And then E, if it's made in the meeting and without sufficient reason to continue, and then they withdraw in lieu of the proceeding, cannot be considered into a new application file . OK. Any idea which one of these is true? OK. Here we go. Actually, all of them. There you go. All the question trunks is which one? This is a trick question. I'm a little bit tricky. Which is true. I would win that. Yes. So just going back to that, all of those are true. So that kind of just gives you a little bit of an outline on some of this stuff. So all is true. All right. The singular verb is true. OK. We've got a bonus question for you on the quiz of the evening. What is the criminal penalty for a closed meeting violation? So if somebody violates it, is it A, an infraction and removal from your elected appointed position? C. Is it cost B? Is it death? That's obvious. It's in the public square. Is it a $1,000 fine? Well, the answer will surprise you. It's death. It says capital punishment for closed meeting violations. Notice, in addition to any other penalty under this chapter, a member of a public body who knowingly or intentionally violates or knowingly or intentionally offends or advises a violation of any of the closed meeting provisions of this chapter is guilty of a capital felony. I'm just kidding. It's a classic. So that is the criminal penalty. Anyway, so class B misdemeanor on this one, so just keep that in mind. Yeah, that's what we've got. There you go. Your training is completed. So congratulations. Any questions, feel free to ask me any time. All right, that brings us to our next agenda item, which is council manager reports. Who would like to go first? where a couple members of the public that live over by Soccer City came in and complained about It does appear that it would seem like maybe some of those events are maybe exceeding the number of people that would be allowed in that building. I don't know. But how can we advise the residents on what's their best step of action? Because I can appreciate what they're experiencing. We've met his staff. Jen, do you want to? Yeah. We've met his staff and reviewed their approvals when it was originally approved, within the next week or so. Jen, is there a standard for a soccer field that has, usually it's like a park or something, right? And you have a specific number of... Yeah, so... So is this letter just basically asking if their current operations is compliant with this traffic study? Or is it also issuing a warning is the right word, but basically stating that their operations But it's asking for updated information on their operations and an updated parking set. Showing what kind of parking you need. So will that show, like, this is how many people were having come to the facility? Okay. Thank you. That's all I have. Very pro tip. Thank you, Mr. Lowry. business license and the payment gateway and the other license don't talk very smoothly. So if there is a way to make that software integration smoother, I think Kelly had an issue, too, she talked about. So I'd like to make it, when you log in to get your business license, it's a very smooth, one-step process. I want Draper to be business friendly. And I think being in the 21st century with IT, there is a way to do it, if there's a cost to do it, I'd like to figure out how to do it. Sorry, Jake, I'm out of the spot. No, you're fine. It's on the spot. Yeah. I could, yeah, we can look into it. We'll look at that. If there's a smoother way, great. If there's not, this is what we have to do, then I'm okay. But I want to figure out if there is a way to make that work. What are the current steps there? submitted it, so we received your application, we received an email, if you're missing documentation, and then you have to do another thing for your reference code to pay. And I'm wondering why I just can't in one fell swoop. Like the state one, I log in, click, click, click, click. Yeah, but technically the state one, you fill out your stuff and then you pay, at least for their tax. You submit the application, but you also have to complete the fire inspection too, right? Right. Yeah, you need to submit it. It has to be. I'm just saying the payment should be taken at the time. Yeah, I think it is. Yeah, and then go in again. Yeah, I think it is. the application wasn't approved, you wouldn't want them to pay until you had a chance to approve the application, is that? We'll have to look and see what the fail rate is, if there is a fail rate. I mean, if there's no fail rate, then taking the payment up front might be the better methodology. But if the fail rate's Let's look at that and see what we can come up with. I heard the same complaint from Ms. Draper's today. So it's a different system. But they said when they were applying for their scholarships for the program that they all had to submit their payment like four times. I'm not sure. I don't know why that was difficult. They said that was the hardest part was processing their $25 payment. Barring any other issues, we'll adjourn until 1900, 7 o'clock. We'll have our regular meeting. Yeah, just so everybody's aware, because of the little noticing glitch on the regular meeting agenda, we're going to run the CRA agenda first and then adjourn into the regular business meeting. So it'll be that. I'm... The acting mayor pro tem tonight, council member, will excuse Mayor Walker and council member Lowry this evening. Our first order of business is a pledge of allegiance will be handed by Scott Cooley, our public works director. THAT BRINGS US TO OUR SECOND ORDER OF BUSINESS, ITEM NUMBER FOUR ON THE AGENDA, WHICH IS THE INTRODUCTION OF MS. DRAPER 2025. TONIGHT WE WOULD LIKE TO WELCOME OUR 2025 MS. DRAPER ROYALTY. THE PURPOSE OF THE MS. DRAPER SCHOLARSHIP PROGRAM IS TO SUPPORT ACADEMIC-MINDED YOUNG WOMEN WITH THEIR EDUCATIONAL GOALS THROUGH COMMUNITY SERVICE. THE PROGRAM STRIVES TO DEMONSTRATE THE DIFFERENCE ONE CAN MAKE BY SERVING THE COMMUNITY AND DEVELOPING INITIATIVES THE MISS DRAPER ROYALTY LEAVES A MARK ON THE HEART OF OUR DRAPER COMMUNITY. THE MISS DRAPER SCHOLARSHIP PROGRAM PROMOTES AND EXEMPLIFIES EDUCATION, LEADERSHIP, SERVICE, REFINEMENT. WE WOULD LIKE TO RECOGNIZE THE PROGRAM DIRECTOR, ANDREA PAGE. IS ANDREA HERE? OH, HI. HI, LISA. COULDN'T BE HERE TONIGHT. SO LISA ARMSTRONG, THE FORMER DIRECTOR OF MISS DRAPER AND YEARS-LONG VOLUNTEER ALONG WITH KELLY, OUR ASSISTANT CITY MANAGER, LINDA PETERSON, OUR COMMUNICATIONS DIRECTOR. SO WE THANK YOU FOR YOUR TIME AND SERVICE TO DRAPER CITY AND THE MISS DRAPER PROGRAM. IT IS NOW MY HONOR TO RECOGNIZE THE NEWLY SELECTED MISS DRAPER ROYALTY. THEY WERE CROWNED ON MAY 10TH, SO PLEASE COME UP WHEN I CALL YOUR NAME. OUR NEW MISS DRAPER 25 IS CAMERON STEWART. Cameron is the daughter of Alex and Stacia Stewart and deeply values the opportunity to give back to the Draper community that has supported her journey. She's a dean-less student at the University of Utah, on track to graduate a year early in 2026 with a bachelor's degree in marketing. A 2023 valedictorian at Corner Canyon High School with a 4.0 GPA, she continues to demonstrate excellence in both academics and leadership through her collegiate career. Thank you. The new 2025 Royalty Attendants are Skyler Zamaloa. Skyler is the daughter of Branch. Skyler is the daughter of Branch and Dana Pratt. She's a graduate of Corner Canyon High School and then went on to earn a Bachelor of Science in Business and Marketing from the University of Utah and is currently pursuing a Master's Degree in Business at the U of U. Our next attendant is Myla Taylor. Myla is the daughter of Andrea and Brian Taylor and enjoys giving back to her community. Myla is currently a junior at Corner Canyon High School, where she maintains a 3.8 GPA while challenging herself with concurrent enrollment courses. She's on track to graduate with an honors diploma and enough credits for her associate's degree. She hopes to get into Utah State University or the University of Utah in the 2026 fall semester. Go Aggies. Our next attendant is Kiana Conrad. Kiana was born and raised in Utah. Is born and raised in Utah and is proud to call Draper her home. Her parents are Tanya and Lance Conrad. Kiana loves exploring the beautiful city of Draper and giving back to community. She's currently attending Brigham Young University where she's studying psychology with a pre-med focus. Her dream is to work as a doctor in the emergency room and make a difference in the lives of patients during their most critical moments. Should we have everyone come up and get a photo then? and then we'll all come down and get a picture as a council. You guys want to get a picture down there? THAT BRINGS US TO OUR NEXT AGENDA ITEM. FOR THE RECORD, WE DID NOT DO THE ACKNOWLEDGMENT OF PEER COURT GRADUATES BECAUSE IT'S SENIOR DINNER DANCE NIGHT. OKAY, SO OUR NEXT ITEM IS NUMBER FIVE, PUBLIC COMMENT. IS THERE ANYONE HERE THAT WOULD LIKE TO MAKE A GENERAL PUBLIC COMMENT ON SOMETHING THAT IS NOT ON THE AGENDA? Our rules are simple. You have three minutes. Talk about whatever you want. Okay. Seeing no one here, I'll close the public comment and move on to our next item, item number six, our consent items. Do I have a motion? Item 6A, our May 6, 2025 council meeting minutes. Item 6B, approval of resolution 2523, a resolution. appointing Mark Vincent and Oliver Herrera-Schuster to fill the vacancies on the Draper City Special Events and Arena Committee. Mr. Mayor Pro Tem. Yes, Ms. Faudrey. I move we approve the consent items. I'll second. Are there any other questions? Seeing none, Ms. Faudrey, how do you vote? Yes. Mr. Lowry. Yes. Ms. Johnson. Yes. And I'll vote yes as well. That item passes 4-2-0. That brings us to our next item, which is item 7A, a public hearing providing local consent for an off-premises beer alcohol retailer license for Draper Hotel Holdings LLC DBA Homewood Suites. We'll have a staff report by Travis Dijon. So Upper Miss Bear Retailer License for Draper Hotel Holdings. This is where it is. We're by 6 West Bangor Highway. I don't know why this is cut off. Okay, so it's at 437 East, 123 South. Off-premises beer retailer license allows the license holder to engage in the retail sale of beer to patrons for consumption off-premises. So there's one rule for this type of alcohol license. Basically, the establishment selling the beer has to be $300. from the nearest community location by shortest pedestrian route. And the community locations include schools, churches, public libraries, public playgrounds, and parks. So here's the distance map. So 300 feet away. It's more than 3,000 feet away from the Jordan River Parkway. So they meet that standard. There are... some limitations to how many off-premise beer licenses we can give out as a city. So it's basically one per 1,000 residents. Right now, according to the state, we have 49,602 residents, so we can get 49 total licenses out. So currently we have 24 active off-premise beer licenses, so we could approve an additional 25. I also have some information on, like, some state statistics. So we were looking through some state data, and we counted up that there are a total of about 60 hotel-type places that have this kind of license. So 10 are RV parks, 5 are general stores at resorts, and 45 are hotels. what we have here with Homewood Suites in case you're interested in that. Here's the current licensees in Draper that have an off-premise beer. And we have action to approve local consent or deny local consent. An applicant is also here if you have any questions for her about this license. Thank you, Travis. Does anyone on the council have questions for Travis? I do. As far as the hotels who have these kind of permits, do you know what percentage of hotels in the state have these kind of, you said 45, but how many hotels do we have in the state? Oh, I don't know. I have no idea, unfortunately. Probably way more than 45. Maybe the applicant can answer that question. Do you want to come forward and Good evening, commissioners, or your council members. I'm Tanner Leonard. I'm an attorney. I work with hotels, restaurants, and I speak before the DABS commission about every month. So you guys have been much nicer than you than they do, by the way. The answer to how many hotels have this type of license compared to other licenses, the state of Utah has about 80 hotel licenses that are licensed hotels so when I'm talking about license I'm talking about liquor licensing that means that they have bars restaurants everything there's probably a lot more hotels in the state but some hotels don't have kitchen facilities they don't qualify for a restaurant license they don't want to have sit-down that's not there that's not just what not what they're wanting so I would say The percentage-wise of people who are licensed as a hotel by the DABS and also are licensed as this off-premise license, you're probably looking at maybe half choose to have this. There's another license that's also available that they are not asking for, which is a full package agency license. That would let them sell hard alcohol, wine, and heavy beer. This is just for the light beer. So there's another set of hotels that go for that higher percentage as well. Thank you. We may have you come back to answer any questions after public comment. All right, this is a public hearing. Is there anyone here from the public that would like to make input regarding providing local consent for Draper Hotel Holdings LLC? Seeing no one from the public, I'll close the public comment and bring it back to the council. Does the council have any questions for the applicant? I do. Sorry to make you come back up, but would they only be allowed to sell this to hotel guests, or would it be open to the public? It is open to the public because it's a small retail store. They do not anticipate the public coming to the property, but if they do, they will be able to be served, just like if you went into a grocery store or other facility that has this license. I'm curious, are rooms considered off-premise or what is defined as the premise? Yes, so you're correct. When we submit the application to the state DABS and also when I submitted to Travis, we have a floor plan and the premises is where the alcohol is allowed to be sold, which is just the small retail footprint on the main entry floor of the hotel. And then as soon as you go out of there, that's off the premises of sale. In other words, this would authorize somebody to purchase in the lobby and go to their room? That's correct. That is instead of them purchasing it from the nearest gas station, which is about a mile away. Okay. Anyone else? Any other remaining questions? Staff? Staff? All right, I'll bring it back to the council. Is there a motion? Mr. Mayor, I make a motion that we approve item 7A. I have a motion by Mr. Lowry. Is there a second? I'll second. And a second from Ms. Lowry. Are there any other discussion to the motion? Seeing no further discussion, Mrs. Lowry, how do you vote? Sorry, Mrs. Vaudrey. So Tasha, I hear it. Yes. Mrs. Johnson. Yes. And Mr. Lowry. Yes. I will also vote yes. That item passes four to nothing. Our next item is another public hearing. It's the fiscal year 2025-2026. Kind of the budget. This is an opportunity for the public to comment on the fiscal year 2025-2026 budget prior to its adoption. We have a staff report by John. So I'm just going to review the slides that I presented last week to the council. I also have an additional couple of slides to focus on some questions that I've received from the council. So again, the total city budget, including all funds, is $169,312,600, which is an increase over the FY25 budget, which was $161,477,800. The general fund budget increased from 49,721,600 to 52,188,900. And you can see the revenue. In the revenue section, there is a large portion that is coming from the appropriation of fund balance. The city currently has a healthy fund balance. We're projecting it to be above 30% at the end of fiscal year 25, and then we will use some of that in the FY26 budget. THIS IS AN EXAMPLE OF THE EXPENSES BY THE DIFFERENT TYPES. YOU CAN SEE THAT THE LARGEST PORTION OF THE CITY'S BUDGET IS FOR PERSONNEL COSTS, 30 MILLION. AND THEN YOU CAN SEE THE SUBSEQUENT CATEGORIES BELOW THAT AS WELL. AND THEN ALSO BREAK IT DOWN BY DEPARTMENT. SO YOU CAN SEE EACH OF THE DEPARTMENTS. I WILL NOTE THAT IF YOU LOOK AT THE GENERAL OBLIGATION BONDS, THAT LINE ITEM IS NOW ZERO BECAUSE THAT BOND HAS BEEN PAID OFF. AND I'M GOING TO BACK UP TWO SLIDES AND YOU'LL SEE THAT ON THE REVENUE SIDE, WE ALSO SHOW A DECREASE IN THE BOND REVENUE, IN THE PROPERTY TAX WHERE THAT BOND REVENUE IS COLLECTED. SO THE CHANGES TO THE GENERAL FUND. Here you see that geo bond removal and then on this side the addition of the geo, I mean the removal of the expense as well. You can see that we had a one time sale of the land and that budget line item, we'd love to have that in there every year but since we sold the land we can't do that every single year so we're pulling that out of the budget. And then you can see also that we've reduced a few positions and added other positions. I highlighted the positions in blue. Some of the council members really wanted to look at those positions and so I highlighted those so that you can note the increases and the decreases in the positions within the upcoming budget, proposed budget. The police officer and the trellis technician also have a vehicle assigned to them and those budgets THE BUDGET FOR THE VEHICLE WAS APPROVED IN OUR LAST BUDGET OPENING, AND SO THAT FUNDING HAS BEEN TRANSFERRED TO FLEET, AND SO FLEET HAS THE FUNDING TO BE ABLE TO PURCHASE THOSE VEHICLES, BUT WANTED TO MAKE SURE THAT YOU UNDERSTOOD THAT IT INCREASED OUR FLEET. SO FROM A PROPERTY TAX STANDPOINT, DRAPER'S PROPERTY TAX RATE WAS .001022 for FY, for calendar year 24, which was budget year FY 2025. Based on the proposed budget, that will decrease to .000971 with the elimination of the GO bond. So there's some language that I'm going to talk about here in a moment to be able, that would propose increasing the rate back to the .001022 and I'll talk to that motion in a few couple of slides. So council questions that I received, just to go over some of those, what options does the council have? Well at this point you as a council can do with the budget what you would like. So that means you can approve the tentative budget or you can make changes to the tentative budget. Those changes can include additions or reductions, and those additions or reductions can be from personnel, staffing, or for any other line item that you would like to make a change to. The council could adopt the budget, but give guidance to the administration on direct or direction for different things that you would like to see happen either within the FY20, SIX BUDGET OR FOR FUTURE BUDGET PREPARATION. THE GUIDANCE COULD BE PROVIDED INFORMALLY OR COULD BE DONE AS PART OF A BUDGET ADOPTION. SO, NOW TO THE POINT THAT I SPOKE A LITTLE BIT TO EARLIER, WHAT IS THE IMPACT OF THE GEO BOND EXPIRING? I'M GOING TO BACK UP ONE SLIDE. AN AVERAGE MEDIAN HOME IS VALUED AT $764,000 IN DRAPER. THAT MEDIAN HOME PROPERTY TAX WITH A DECREASE FROM .001022 TO .000971 WOULD BE AN ANNUAL DIFFERENCE OF $21 SAVINGS TO THE RESIDENT OR $1.79 PER MONTH. I'LL MAKE MY SLIDES GO THE RIGHT WAY. SO IT'S BEEN TALKED WHETHER WE SHOULD INCREASE THE GEO, INCREASE GENERAL OPERATIONS PORTION OF THE SALES OF THE PROPERTY TAX TO THE .001022 RATE. THAT IS SOMETHING THAT THE COUNCIL COULD DO. IT WOULD RESULT IN A NET. THERE WOULD BE NO DECREASE IN THE PROPERTY TAX. SO IN INDIVIDUALS, AND THIS IS ALL ASSUMING THAT PROPERTY VALUES REMAIN THE SAME BECAUSE THE RATE IS REALLY BASED ON THE VALUE OF THE PROPERTY. And as those go up or down, the rate will change. So most likely, we will see a decrease in the rate based on property value appreciating. But there should be no impact to the residents by adopting an increase to the general operations portion of that $520,000. Questions on that? How much additional revenue would that generate? Because that rate now, instead of going to the bond, it would be able to go to the... So that would move that $520,000 that we budgeted for the bond into the general operations. And the motion that would need to be made would include that language. So I put in on the next slide, you could say, I move that the council adopt the tentative budget, including increasing the general obligation tax rate include the amount directed to the general obligation bond in FY 2025. This will result in an increase to the general operations of Draper City of $520,000 from the general obligation portion of the FY 2025 sales tax rate. So that would need to be done as part of the motion and would That would result in a truth in taxation hearing because we are changing the general operations tax rate, not a tax rate increase in total, but within the general operations tax. We don't need to make that decision today. No, that would be part of the adoption that we would do, which is scheduled for the 3rd. THERE WERE SOME OTHER THINGS THAT SOME OF THE COUNCIL MEMBERS TALKED ABOUT AND YOU COULD DO THOSE AS PART OF THE ADOPTION AS WELL. YOU COULD ASK THE CITY ADMINISTRATION TO INVESTIGATE THE EFFECTIVENESS OF THE CURRENT BUDGETING MODEL AND REPORT TO THE COUNCIL HOW THE CITY CAN BETTER BUDGET IN THE FUTURE. YOU COULD ASK THE ADMINISTRATION TO REVIEW THE CURRENT FLEET PLAN AND DETERMINE POSSIBLE REDUCTIONS THAT CAN BE MADE AND BRING TO THE COUNCIL AN UPDATED POLICY FOR REVIEW. AND ONE OF THE COUNCIL MEMBERS TALKED ABOUT THE FUNDING THAT'S BEING DEDICATED TO THE HISTORIC PRESERVATION COMMITTEE AND WANTED TO TALK ABOUT WHETHER WE COULD DO A FOLLOW-UP. AND SO YOU COULD DO THAT ALSO FORMALLY AS WELL. ALL RIGHT. AS PART OF THE TENTATIVE BUDGET, THERE IS A RATE INCREASE PROPOSED TO WATER RATES. THAT IS AN 8% TO BOTH THE VARIABLE RATE AND A 15% to the base rate. And you can see in this slide where those rates are going. So you can see the 24 and 25 and then the proposed 26 in the tan shaded area. I showed this slide last time, but the water fund operations is operating in the red and so this rate increase will help us to get closer to being in the black. And we don't want to get... As we change water rates, we also see a change in the water usage. And so we want to do that slowly so that we don't overchange, so that we don't... A change in the rate really is going to drive some consumption reductions, and so that may... take care of some of our operational needs. And so we don't want to overestimate and come in where we're going to be too high in that operational rate. So that's really why we haven't proposed to eliminate the red in the current budget. And we'll look where that goes and then make some adjustments again next fiscal year. This is showing where the average, the difference that people can see. Most people sit in Zone 1, and most people use between 5,000 and 20,000 gallons. And so you can see the rate increase could be anywhere from $6 to $12 in a monthly basis. And then this is the commercial rate that will be changed as well and where that would go. So just to be clear on what we're looking at, tonight is a public hearing and that really is all that it is tonight. You can certainly speak to different points if you would like. The adoption is scheduled for our next meeting on June 3rd. The budget can be adopted as presented or the council can make changes to the tentative budget. If a rate change is proposed, the truth in taxation would need to be scheduled. WHICH WE HAVE A TENTATIVE DATE OF AUGUST 13TH FOR TRUTH AND TAXATION. THAT IS MY PRESENTATION. TURN IT BACK TO YOU FOR PUBLIC COMMENT. THANK YOU, JOHN. IS THERE ANYONE FROM THE PUBLIC HERE THAT WOULD LIKE TO MAKE A PUBLIC COMMENT ON THE FISCAL YEAR 2025-2026 TENTATIVE BUDGET PRIOR TO ITS ADOPTION? ALL RIGHT. SEEING NONE, I'LL CLOSE THE PUBLIC HEARING. move on to our next item item seven C which is a public hearing on ordinance number sixteen fifty one. This is an ordinance amending the text of the land use and development code of Draper municipal city regarding new districts permitted uses and development standards in the Draper point mixed use commercial special district. We have a staff report by Todd Taylor. Hi Todd. Thank you. This is a vicinity map showing the location of the Draper Point Mixed Use Commercial Special District north of Bangor Highway and west of I-15. You can see that outlined in red. And the proposal also really looks at affecting a single area, which is shown in the orange. This is an aerial, again, of the boundaries of the commercial special district and the subject properties that would be impacted by the proposal. And a zoomed-in aerial of that property. You can see the Park West Apartments to the west, the former Academy Mortgage building to the east, and Bangor to the south. This is a site photo looking south at the western edge of the subject property, looking again to the south from the eastern edge of the property, and from the southwest corner looking north of the subject property. You can see the Park West Apartments on your left and the Academy Mortgage Office building on the right. This item was presented to the Planning Commission on their April 24th hearing. Staff brought up concerns of the appropriateness of several of the proposed uses that the applicant was requesting. The Planning Commission recommended approval with a vote of five to zero with the following modifications, that the following proposed uses be removed from the permitted uses table, limited manufacturing, general printing and limited wholesale and warehousing uses. And also that the proposed text and exhibits be modified to not include limited manufacturing in the name of the new district. The presentation tonight reflects those Planning Commission changes and the ordinance that is before you also reflects the changes recommended by the Planning Commission. So looking at the proposed text, The proposal looks at including new permitted uses in the permitted uses table. So these would be added to the existing list of permitted uses of business equipment, rental and supplies, caching services, grooming service, medical or dental laboratory, office warehouse, repair service, research service, second hand or thrift store, small tattoo establishment, trade, vocational school, and veterinary service. Again, this doesn't list the three uses that the applicant requested of limited manufacturing, general printing, and limited wholesale and warehousing. The proposed text also includes development standards for these new districts. The full text is in your ordinance, and I'm going to be highlighting the unique standards that are different from other existing standards already in the CSD. So for the office warehouse district, it proposes that all uses shall be entirely with an enclosed building. The rear building facades, which face the truck Drive aisles will have roll-up doors with materials complementary and include transparent glass panel inserts. The buildings shall not exceed 30 feet in height. There will be wall extensions to screen the truck docks with a 12-foot high wall, materials that will match the buildings and landscaping. and the secondary pedestrian entrances will have some features of overhangs, lighting, and landscaping. For the vertical mixed-use district, outside storage would be prohibited. The buildings will not exceed two stories in height. There will be a requirement that They'd be mixed use, so they'll have retail or service commercial or restaurant space on the first floor, or personal services and business services, and then on the second floor would be office space. The buildings would be positioned to face 13490 South. There'd be a pedestrian friendly design, so having wider sidewalks, shaded seating and gathering areas, and separating the pedestrian paths from the vehicle areas. There are proposed landscaping standards to minimize the noise impacts of truck traffic. So that would be wherever the office warehouse district is adjacent to a residential use. There'd be a landscape buffer of 25 feet in width, which would be planted with different evergreen trees and hedges. And then in the parking standards, there's an encouragement for shared use parking between the uses. So this is a proposed exhibit again showing that subject property and the proposed districts in that new H area. And here's a conceptual site plan. So I'm sorry, this is the north over here. and then Bangor Highway to the south, so you have the vertical mixed-use building oriented towards 13-490 south with the office warehouse buildings in the rear to the south. There are proposed exhibits with sample buildings, so this is the office warehouse buildings, and here are samples of the vertical mixed-use building. That concludes my presentation, and I'm available if you have any questions. Thank you. Does the Council have any questions for staff? So just so that I'm understanding, the Planning Commission suggested that we not have the first image that you showed. Is that correct? So in your last two slides, the first with the office slash warehouse. This one? Is this, is that what they said to remove? So their recommendation was, so the applicant's proposal is that these be office warehouse limited manufacturing district buildings, which would include limited manufacturing, general printing, and limited, sorry I keep getting this one mixed up. Wholesale and warehousing. But the Planning Commission eliminated that and their recommendation was to remove the permitted uses of limited manufacturing, general printing, limited wholesale and warehouse uses, correct? That's correct. But this is office slash warehouse is different. That would still be allowed. because that was a use that wasn't removed from the list of permitted uses in the recommendation from the Planning Commission. So it may... Sorry, this is Jen. It may be helpful to distinguish between those different uses. So an office warehouse use, under the definition, requires, I believe, 30% office space and then allows the rest of the building to be in warehousing use. So the intent is you have your administrative office and then some warehousing uses. The wholesale warehousing is more of a distribution type center where you have large amounts of storage, warehousing, and you're distributing it to other locations. Okay, thank you. That helps clarify. Any other questions for staff? Is the applicant here? Does the applicant want to make a presentation? or any questions. We'll also give you the final word. Great. Do you want my name, address, and all that good stuff? Joe Johnson, 1946 East Claiborne Avenue, Salt Lake City, Utah, 84106. Todd did a great job talking about the project. Many of you know we've met with a lot of you over the years. We've talked about this project for quite some time. It's gone through quite a few different iterations. You know, we had a big appetite in the beginning for some multifamily here, but since, you know, you can see we've come back and tried to stick with a office retail theme here. Trying to stick with, provide something up front, you know, a retail office component that adds to the community, adds to the neighborhood, the growth that's happening around this area, everything to the west. And so we have provided this front building that is retail. It's got a drive-through with some office on top. So that's a great mixed-use building. And then we've worked diligently with Draper staff, Todd and Todd, and Jennifer over the last, it feels like, year and a half to really drill down and find the right verbiage, the right mix of a product that... allows businesses to thrive in Draper City and we feel like this is a great spot in your community for businesses to land and thrive in this neck of the woods that's not planted down in the neighborhood. So we feel good about it. We've worked really hard to get to this point and so as was mentioned, we went before Planning Commission and we still And then we brought it back even before tonight, as Todd mentioned. We got rid of things and felt good about our planning commission, gave us the approval, felt good about moving forward within these constraints. And so we're excited about the project and hope we can see it through and bring some good businesses to Draper City. Thank you. Thank you. All right, this is a public hearing. IS THERE ANYONE THAT WOULD LIKE TO MAKE A PUBLIC COMMENT ON ORDINANCE 1651, AMENDING THE TEXT AND LAND USE DEVELOPMENT CODE ON THIS, ON THE DRAPER POINT MIXED USE COMMERCIAL SPECIAL DISTRICT? ALL RIGHT, SEEING NONE, I'LL CLOSE THE PUBLIC COMMENT, BRING IT BACK TO THE COUNCIL. DOES ANYONE FROM THE COUNCIL HAVE ANY QUESTIONS FOR STAFF OR THE APPLICANT? I JUST WANT TO CLARIFY TO MAKE SURE IF WE MAKE A MOTION HERE, DO WE NEED TO REFERENCE planning commissions also modifications about the proposed tax about removing those permitted uses because we just want to make sure that we're consistent with what the planning commission if we were to make this I would want to be consistent with what the planning commission had recommended I would say that you could reference it the ordinance that is attached to the staff report does already include those changes so but no harm in mentioning it. You could reference it. Okay. Thank you, Don. Any other questions, or do we have a motion? Mayor Pro Tem, I make a motion that we approve Ordinance 1651 with the following modifications to the proposed text that the Planning Commission had also recommended as far as that the following proposed uses be removed from the permitted uses, the limited manufacturing, general printing, and limited wholesale and warehouse uses, and that the proposed text and exhibits be modified to not include limited manufacturing in the name of the new district. Thank you, Mr. Lowry. Is there a second? I'll second. We have a second by Mrs. Johnson. Any discussion to the motion? Seeing no discussion. Mrs. Vaudrey, how do you vote? Yes. Mr. Lowry, how do you vote? Yes. And Mrs. Johnson, how do you vote? Yes. And I'll vote. An ordinance amending the official zoning map of Draper City for approximately .85 acres from CPB Business Manufacturing Park to M1 Light Manufacturing, located at approximately 13488 South 200 West within Draper, otherwise known as the Granite Construction Zoning Map Amendment. We'll have a staff report by Todd Draper. Thank you. This one is pretty straightforward. It's just south of the last one on the other side of Bangor Highway. It is a rezone request. The address is a little confusing. The property address for some reason is 134 88 south, 200 west, but it's actually just north of 138th. It is a small strip of land about 50 feet wide. I believe it's about 0.85 acres in size as well. And here's the area where you can kind of see where Academy is just there to the north on the other side of Bangor. Of note, the property owner owns the other two parcels here to the west that are currently zoned M1. And this request is to take this one piece that's zoned CBP and rezone it to M1 as well. SO YOU'LL SEE THE LAND USE IS BUSINESS LIGHT MANUFACTURING HERE, WHICH IS CONSISTENT WITH AN M1 ZONE, AND THE CURRENT ZONE IS, FOR WHATEVER REASON, A NICE LITTLE TINY STRIP OF CBP. REALLY JUST A COMPARISON HERE, IF THERE'S ANYTHING YOU'RE INTERESTED REALLY IN LOOKING AT, THE THINGS IN THE LIGHT ORANGE ARE THINGS THAT ARE NEW, AND THAT WOULD BE M1 ZONE. CBP, anything in white over here is being removed. Anything that's in green is really the same. So if there's any of those particular ones, what the applicant is looking to do is actually combine those three parcels into a construction sales and service yard under a separate application. And then here are a couple of site photos and just the pictometry from the county because I think it kind of gives a better aerial view of where we're at there. just north of the point, kind of near the pork chop or whatever we call in the middle there of Bangor. And then you'll see Academy over here and some of the other office buildings and things here to the east. Again, here's just a photo looking towards the north. You'll see kind of a fence line here. That's kind of the 50 feet right there, more or less, that would be rezoned. And then here's just a photo looking kind of towards the east, kind of from that freeway banger on ramp, if you will. Planning Commission did hear this at their April 24th meeting and gave a positive recommendation on a unanimous 5-0 vote. And I'm available if you have any other questions. Are there any questions for staff at this time by anyone in the council? All right, this is a public hearing. Oh, yeah, is the applicant here? Sorry. Hi, for the record, Tina Mudd, Granite Construction. We have no presentation to give because it's pretty clear and straightforward, but if you have any questions for us, we'd be happy to answer them and just thank staff for their time on working with us on this. So, thank you. Thank you. All right, this is a public comment or a public hearing. Is there anyone from the public that would like to speak on ordinance number 1652, an ordinance amending the official zoning map of Draper City from CBP to M1? Seeing no one from the public, I will close the public hearing and bring it back to the council. Is there a motion or discussion? Mr. Mayor Pro Tem. Yes, Mrs. Bowery. I move we approve ordinance number 1652. I have a motion to approve Ordinance 1652. Do I have a second? I'll second. I have a second from Mrs. Johnson. Any discussion to that motion? Seeing none, Mrs. Vaudrey, how do you vote? Yes. Mrs. Johnson, how do you vote? Yes. Mr. Lowry, how do you vote? Yes. And I'll vote yes, four to zero. For the record, I believe that that makes a lot of sense to continue moving the M1 zone. The existing use doesn't seem to be working with the surrounding areas, and the existing use should be M1. It matches its adjacent units, so I agree with that. That brings us to our next item, which is item eight, action items, which is approval of ordinance 1653, an ordinance of the Draper City Council amending title 75 of the Draper Municipal Code to align with Utah State Code. 1146303 regarding the management exemption of community cats, a staff report by Gunnarson. All right, thank you. Can you hear me all right from here? Yes. Okay. So the purpose of this action item is the proposed amendments to city code section 75130, which is animals running at large, and 75160, which is harboring stray animals. And the goal of these amendments is to align the city code with the the Utah Animal Welfare Act, and then specifically the Community Cat Act, which is a part of the Animal Welfare Act. So just a little background for you as a reminder. The key terms from the Utah law, the Community Cat Act, it defines what a community cat is, it defines what a community cat caretaker is, and then a community cat program. So these are specific definitions in the state code. And then key provisions of the state law is that community cats are exempt from licensing requirements and from feeding bans. And so you can't put a feeding ban on these animals, like maybe you could with deer. And then community cats can be released to a sponsor before the five-day shelter hold period, and then the caretakers are not considered to have legal custody of the cats. So that protects those caretakers from cruelty law. So part of the Community Cat Act is that local ordinances must be at least as restrictive as the state law on this matter. So our current city code as it stands right now. So if we look at section 75130. I'm just going to scroll down here. OK, this is our animals running at large. of our code. So the current text holds owners or caretakers liable for animals running at large and the issue that that presents is that it doesn't exempt community cats or their caretakers which conflicts with the state law exemption. So I've gone ahead and just made a red line there which basically creates an exception for community cats participating in a community cat program as it's defined in our definitions which has just been lifted straight from the state law and put into our city code. So we've got that change there and then this way you know we avoid the risk of non-compliance for the people who are participating in doing community cat programs and our current code might be considered penalizing towards them and the caretakers which would violate state law. So then we've got oh and I'm sorry and this is also harboring stray animals as well so Essentially, I've made some revisions there in the red lines, which essentially says it's unlawful for any person except the animal shelter, the sponsor, and a community cat caretaker to harbor or keep the lost animals. So it also allows those cats to be released from the animal shelter to a sponsor that's operating a program prior to the five-day hold period that they are normally required to comply with. So, right, we've got an exemption for community cats to the animals running at large. And then we've also got an exemption that allows sponsors and cat caretakers to harbor community cats. And then it ensures compliance, I think, especially with the part of the code that says that we are still at least as restrictive as what the state code is. So we're in alignment with that as well. And then you can kind of see with regard to this particular text amendment, there is some changes or additions to the definition section so you can see these are now defined terms under 7510. So we've got those there in the red line. We've got ear tipping which is a defined term under state code. You've got feral which is a defined term under state code. And then sponsor is also defined as well. And keep in mind too that if you are a community cat caretaker generally if you're participating in a TNR program you are, if you're vaccinating those animals, you're required by law to keep records of that vaccination for three years. Okay, so because of the changes to those two sections with regard to harboring stray animals and animals running at large, had to make just a couple of updates to the rabies vaccination section of our Code 2, which is 7570. and that's just to make sure that community cats are sort of exempted out. They have a one time vaccination for rabies requirement, but then if they've been ear tipped as part of that program, they're not going to pick up those cats again, and so that's why there's only a one time rabies vaccination as opposed to ongoing. But I made sure to do an exclusion for the community cats on that particular section of code. So the benefits of the amendments that we're making to to our city code sections here is that it aligns with the welfare animal Welfare Act. It avoids potential legal conflicts. It recognizes that community cat programs are currently in place right now in Draper and operating. It encourages their TNR programs. Their goal is to reduce feral cats and populations humanely. It protects the caretakers from the penalties, which promotes community participation from them. And it could conceivably reduce the shelter burden by early release of the feral cats to decrease the euthanasia rates of our animal services. there are a couple of concerns with regard to making this change that you should be aware of um there is potentially an impact on public safety and nuisance issues that this can create to city residents so keep in mind that they try to address this by making sure that the cats are sterilized and vaccinated with that goal of like dealing with the health risk and population growth um but the colony sizes can grow if they're not actively managed so if you have cat caretakers who are not actively going in and trapping, neutering, vaccinating, releasing, you can have colonies that will tend to grow in size that comes from dumping by public and it's called immigrants when other animals basically migrate into the colony so they join, join in the game basically. So you've got that issue if they're not actively managing these TNR programs. And then you also have to consider that there are people who are going to consider community cats to be nuisances. because they can sometimes cause damage. And there are people who are bird enthusiasts who think that these cause a lot of damage to the bird population. So you've got some opposition from bird conservationists. So that's definitely present as well. So keep in mind, those are a couple of concerns. I think that one of the ways that we've tried to sort of, and this is in the state law too, is that there's clear definitions, especially like with regard to ear tipping, So it helps animal control identify you know who the community cats are. They should have a clip taken out of their ear so you can tell that's that's been neutered and fixed and vaccinated already. Alright, so basically that is the amendments that we would need to conform with the state law and to support the humane animal management by the current TNR cat programs. And so at this point you can take action to the proposed text amendment to sections 75130 and 75160 and then a couple of those definitions in the. rabies section. Do you have any questions? I do have a question. It sounds like we are just trying to be compliant with what the state says, but we aren't actively promoting or encouraging people to create these or to harbor these animals and create these colonies for the cats. We just know that they exist in Draper. and wanna make sure we're being compliant with state code and allow those who are taking care of these animals not to be penalized for doing so, is that correct? Yes, that's correct. All right, thank you. Are there any other questions for staff? Okay, seeing none, I'll bring it back to the council for a motion. Mr. Mayor Pro Tem, I make a motion that we approve ordinance number 1653. We have a motion from Mrs. Johnson approving Ordinance 1653. Is there a second? I'll second. A second from Mrs. Vaudrey. Any further discussion? Seeing no further discussion, Mrs. Johnson, how do you vote? Yes. Mr. Lowry, how do you vote? Yes. Mrs. Vaudrey, how do you vote? Yes. And I'll vote yes as well. That item proves or passes four to zero. Mayor, thank you, Tracy, for your research on that to address this. because I think it was important we did something. So thank you. You're welcome. Yes, thank you. All right, now we have a – we need to go into the Community Reinvestment Agency meeting. I'll make a motion that we move to the Community Reinvestment Agency. We have a motion by Mr. Lowry. Do we have a second? I'll second. Second by Mrs. Johnson. Mr. Lowry, how do you vote? Yes. Mr. Johnson, how do you vote? Yes. Mrs. Vaudrey, how do you vote? Yes. And I'll vote yes as well. All right, that brings us to our call to order for the Community Reinvestment Agency agenda. Our first item is to a motion for approval of the May 6, 2025 Community Reinvestment Agency meeting minutes. We have a motion. So moved. We have a motion by Mrs. Vaudrey. Is there a second? I'll second. A second by Mrs. Johnson. Any further discussion? Seeing none, Mrs. Vaudrey, how do you vote? Yes. Mrs. Johnson, how do you vote? Yes. Mr. Lowry? Yes. I vote yes as well. That item passes 4-0. Our next item is a public hearing regarding fiscal year 2025-2026 Community Reinvestment Agency tentative budget. This is an opportunity for the public to comment on the fiscal year 2025-2026 Community Reinvestment Agency tentative budget prior to its adoption. We have a staff report by John. So again, I'm gonna go over the presentation that I gave last council meeting. Again, total city budget listed here with the CDRA being the second line with a budget of 12,297,900 in the proposed tentative budget. The majority of that comes from taxes and with another portion coming from Fund balance appropriation, the miscellaneous revenue is from interest earnings within the CDRA. We're also budgeting some expenses. Most of those are contracted services to be able to accomplish some of the projects that we have outlined previously and are just carrying forward into the coming fiscal year. Did have some questions. regarding the CDRA from council members. That question was specifically regarding the Sand Hill CDRA. That CDRA has expired. In the general fund budget, we recognize some additional revenue because that revenue will now come, the revenue that was being set aside and given to the CDRA is now going to all of the taxing entities SO DRAPER CITY IN THE GENERAL FUND WILL RECEIVE THEIR PORTION AND OTHER TAXING ENTITIES WILL ALSO RECEIVE THEIR PORTION OF THAT FORMER CDRA MONEY. WITH THAT, THERE IS STILL A CURRENT FUND BALANCE WITHIN THE SAND HILLS CDRA. THAT FUND BALANCE IS AT APPROXIMATELY 3.4 MILLION. THE EXPIRATION OF THE CDRA MEANS THAT WE ARE NO LONGER COLLECTING TAXES. but we still have the ability to be able to spend those taxes. The fund balance that is remaining there within the same projects and initiatives that were within the original scope for the CDRA. So just to clarify what the expiration and remaining fund balance would be. And back to what we're doing tonight, again, is a public hearing. The budget adoption, again, is scheduled for June 3rd. and the council can adopt as presented or make changes to that tentative budget. I'm here for questions. Thank you, John. Seeing that this is a public hearing, is there anyone from the public here that would like to make a public comment regarding the Community Reinvestment Agency tentative budget for FY 25-26? Seeing none, I'll close the public comment and bring it and go to agenda item number three, which is an adjournment to city council. Do I have a motion? So moved. I have a motion by Mrs. Johnson. Do I have a second? Second. Second by Mrs. Vaudrey. Any further discussion? Seeing none, Mrs. Johnson, how do you vote? Yes. Mrs. Vaudrey? Yes. Mr. Lowry? Yes. I'll vote yes as well. We're back to city council meeting, which brings us to our final item, which is an adjournment. Do I have a motion? So moved. That is a non-debatable motion. All in favor say aye. Aye. We are now adjourned.