SOUTH JORDAN CITY CITY COUNCIL MEETING

February 21, 2017

Present: Mayor David Alvord, Council Member Patrick Harris, Council Member Brad

Marlor, Council Member Chris Rogers, Council Member Don Shelton, Council Member Tamara Zander, CM Gary Whatcott, Fire Battalion Chief Reed Thompson, ACM Dustin Lewis, Public Works Director Jason Rasmussen, Strategic Services Director Don Tingey, Development Services Director Brad Klavano, City Attorney Ryan Loose, COS Paul Cunningham, City Commerce Director Brian Preece, Finance Director Sunil Naidu, IT Director Jon Day, Police Lieutenant Jason Livingston, City Council Secretary MaryAnn Dean

Others: See Attachment A REGULAR MEETING – 6:00 PM

A. Welcome and Roll Call – Mayor David Alvord Mayor Alvord welcomed everyone present.

B. Invocation – By Council Member Tamara Zander Council Member Zander offered the invocation.

C. Pledge of Allegiance Quentin Sevy, Scout from Troop 1869, led the audience in the Pledge of Allegiance.

D. Minute Approval

1. February 7, 2017 Council Study Meeting

2. February 7, 2017 City Council Meeting Council Member Marlor made a motion to approve the February 7, 2017 Council study meeting minutes and the February 7, 2017 City Council meeting minutes, as printed. Council Member Shelton seconded the motion. The vote was unanimous in favor.

E. Public Comment: Jamie Rigby, Jordan lacrosse and Bingham lacrosse, said they host a tournament each year at the equestrian fields and the South Jordan field. He has been unable to secure the fields this year and has over 55 teams signed up for the tournament. He estimated that he will bring $350,000-$400,000 revenue to the surrounding businesses. He asked for help in reserving the fields.

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Loraine Andreason, said she spoke with CM Whatcott about their concerns with parking in their neighborhood from the high school students. She reviewed her concerns as well as possible solutions/expectations (Attachment B). Erin Holmquist, reviewed her concerns and solutions for the issues they are having with the drop off and pick up of middle school students on Temple View Lane (Attachment C). Loraine Holman, read a prepared statement regarding the light on 2200 W. Temple Lane. (Attachment D). CM Whatcott said he talked with the residents about having a neighborhood meeting with staff and the school administration. Kirby Justesen, 11457 S. Lucas, said he would like more freedom to build a newer design of building and loosen the restrictions with the roof pitch and the amount of concrete versus brick or rock. He noted that most commercial buildings have flat roofs and the city probably owns buildings with flat roofs and maintenance is not an issue. He said only 2 out of 9 surrounding cities have restrictive covenants on roof pitch and South Jordan’s was most restrictive. He indicated that he would send the City Council a follow up email and explain his case more thoroughly. Beth Roberts, lives on Temple View Ln., said 4-5 years ago, they spoke with the CM about issues they were having on their dead end street. The biggest problem is that you can’t go back down their dead end street without backing up. There is no shoulder in the winter. They have had mailboxes and trees taken out. They have had a child almost hit from vehicles backing up. She said a sign was put up. They have the officer from South Jordan middle school patrol the area and that makes a difference for a few days, but they need the city’s help. Ellen Mueller, 10321 Temple View Cir., said they are a prisoner in their neighborhood. She recommended a blinking red light when the school is not in session, or time it so it is 15 seconds. The light currently stays red for a very long time. Christine Bollan, 10778 Copper Rose Way, asked how the youth can help their city? Eileen Barker, 10333 S. Temple View Dr., said the kids drive fast down their street. They come in 15-20 cars at a time. She was t-boned pulling into her driveway. She was almost hit by someone pulling out of high school. The kids pull out 2-3 cars at a time during a red light. Temple View Drive is a thoroughfare. They give no consideration to anyone or anything on that street. Mayor Alvord closed the public comment period.

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Mayor Alvord said if the youth consider and live by their scout oath, law, and motto, things would take care of themselves. Do service, clean up litter and weeds, and start by beautifying their own properties. He also encouraged the youth to get involved in the Youth Council.

F. Presentation: UDOT Update on Bangerter Interchanges Project at 11400 South

Bo Hunter, indicated that he is over the public involvement portion of this project. He introduced representatives from UDOT. He said they are going to have a meet the contractor open house on March 23rd, 4-7 pm, and it will be held at the SLCC campus on 90th South. He said full scale construction of the intersection is scheduled late April to early May. It will continue until Fall 2018. They will build ramps first, and then work on bridge work, and then work on the cross streets at the end of the project. They will be removing the oval about on 11400 South and will be replacing that with 2 stop lights. Mayor Alvord asked if there will be complete shutdown of the road? Mr. Hunter said they will close lanes at times, but they intend to keep the flow of traffic on 11400 South and Bangerter. If closure is needed, the City will be given advance notice. Council Member Zander asked if it possible to have less lights on 11400 South? She is concerned about there being 3 lights between Bangerter Highway and 3200 West. Development Services Director Klavano said they have studied this issue thoroughly, and they feel this is the best solution. They can synchronize the lights to help with traffic flow. CM Whatcott said one benefit is better pedestrian access. Both streets will have a cross walk. There is some value in having the stop lights. Council Member Zander said when traffic is heading west, there are many accidents at 4000 West and 11400 South. She is concerned that there will be increased accidents heading east as well. CM Whatcott said they can synchronize the lights. He said they can take the left turn lane out of 4000 West, and that would help with safety, but it is not the most popular idea. Council Member Zander said she would like that intersection looked at again and evaluate it for safety. Mr. Hunter said they are aware of city events such as the Tour of Utah coming through. They will work with that event as well as the SOJO marathon. He said staff will be forwarding to the City Council the visual representation of the project after completion. He noted that there will be a decorative wall on the resident side. He also noted where the sound walls will be located. It was noted that construction on the oval about wouldn’t be until next year. Rocky Mountain Power can’t move the poles until December. Mr. Hunter said the timing also has to do with keeping all movements open during the project. There is complex phasing for this project. Council Member Zander asked that they consider the businesses in the area during Christmas. Mr. Hunter said they will communicate with the businesses and do their best to keep traffic flowing.

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Mayor Alvord asked if the Tour of Utah has determined their route? Administrative Services Director Lewis said they are in the process of putting that together. Mr. Hunter indicated that they will be back at future meetings to provide project updates.

G. Consent Items:

1. Rocket Express Car Wash Exception to Sign Ordinance. (By City Planner Schindler) 2. Resolution R2017-15, authorizing the Mayor to enter into an Interlocal Agreement

with Salt Lake County to receive the services of the Salt Lake County Election Division during the 2017 Primary and General Municipal Elections as an entirely Absentee Ballot (Vote-By-Mail) Election. (By City Recorder, Anna West)

3. Resolution R2017-16, revising City-Wide Policies 100-01, 200-03, 200-04, 200-06, 200-08, 200-10, and 200-12. (By COS Paul Cunningham)

Council Member Zander made a motion to remove item 1 from the Consent Items. Council Member Marlor seconded the motion. The vote was unanimous in favor.

1. Rocket Express Car Wash Exception to Sign Ordinance. (By City Planner Schindler) Planner Schindler reviewed the background information on this item. Council Member Rogers asked if the reason for the appeal is because the lower portion of the sign is included in the total signage volume? Planner Schindler said it is also appealed because of the exposed neon included in the signs. Mayor Alvord said the proposed sign is a more expensive, higher end sign. Council Member Harris said he is concerned about precedence. He does not like the neon lights and a Las Vegas feel. Council Member Zander said she is not comfortable with the sign as proposed. She said she is okay with the internally illuminated square sign. The other sign is too flashy and could be a distracting sign. Mayor Alvord reiterated that if they accept the square sign, it is a cheaper sign. Council Member Zander said she would be okay with the other sign, if the base was plain. She is okay with the logo, and is probably ok with the neon. Council Member Shelton said he is okay with the appeal, as proposed. Council Member Rogers said he is okay toning down the base of the sign, but does not want to over regulate it. Council Member Harris said he would like all neon eliminated. Mayor Alvord said he likes the style of the sign proposed and he is okay with the neon.

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Council Member Rogers said the neon is more distracting to him. He is less inclined to want to make them change the wording on the bottom of the sign. City Attorney Loose said they are appealing the height of the rocket, the electronic reader board, the base of the signs, and the exposed neon. Council Member Zander made a motion to approve the height of the rocket sign, the electronic reader board, and the words on the bottom of the square sign, but not to approve the sign with the busy words on the bottom, and to eliminate all exposed neon. CM Whatcott clarified that neon is allowed, but not exposed tubing. Mayor Alvord said there is a chance that the sign at the end will be less attractive. Council Member Marlor said the applicants can redesign the sign with unexposed neon and it can up to code. Council Member Shelton said he likes the appeal package as presented. They are over reaching to try to re-design the signs. Council Member Harris said there are reasons why there are codes in place. Council Member Marlor said he feels the sign ordinance should be put on a study session for review. Council Member Shelton concurred. Council Member Harris seconded the motion. Council Member Marlor said he is okay with neon in general. He does not understand a total prohibition of it. He agreed that the proposed sign is busy, and he is okay revamping it. He is in favor of keeping the logo intact. Council Member Zander said they can revamp the sign and bring it back, but she would like it toned down. She agreed to keep the logo intact. Planner Schindler said this is a franchise operation. Mayor Alvord said maybe they could sit down with the applicants and see if they can scale the sign back. The vote was 3-2 in favor, with Council Member Rogers and Council Member Shelton opposed.

2. Resolution R2017-15, authorizing the Mayor to enter into an Interlocal Agreement with Salt Lake County to receive the services of the Salt Lake County Election Division during the 2017 Primary and General Municipal Elections as an entirely Absentee Ballot (Vote-By-Mail) Election. (By City Recorder, Anna West)

3. Resolution R2017-16, revising City-Wide Policies 100-01, 200-03, 200-04, 200-06, 200-08, 200-10, and 200-12. (By COS Paul Cunningham)

Council Member Rogers made a motion to approve consent items G.2. and G.3. Council Member Shelton seconded the motion. The vote was unanimous in favor. The City Council took a 10 min recess.

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Council Member Rogers made a motion to do Item I., J., and then the rest of the agenda. Council Member Shelton seconded the motion. The vote was 4-0 in favor, with Council Member Zander not present for the vote.

H. Public Hearing: Resolution R2017-02, adopting the 2016 Parks, Recreation, Community Arts, Trails, and Open Space Master Plan and Amending the South Jordan General Plan. (By Associate Director, Colby Hill)

This item was done later in the meeting.

I. Public Hearing: Ordinance 2017-06, Vacate 10-foot-wide Public Utility Easement in the Dutch Hill PUD Phase 3 Subdivision, 1145 W. Koch Drive. (By City Planner, Greg Schindler)

Planner Schindler reviewed the background information on this item. Mayor Alvord opened the public hearing. There were no comments. He closed the public hearing. Council Member Marlor made a motion to approve Ordinance 2017-06. Council Member Harris seconded the motion. Roll call vote. The vote was unanimous in favor.

J. Public Hearing – Ordinance 2017-08, Vacate 10-foot-wide Public Utility Easement in the Highridge Estate Phase 2 Subdivision, 3600 West 11400 South. (By City Planner, Greg Schindler)

Planner Schindler reviewed the background information on this item. Mayor Alvord opened the public hearing. There were no comments. He closed the public hearing. Planner Schindler said the residential lots are existing. They are unsure of the proposed commercial use in the subdivision. Council Member Shelton made a motion to approve Ordinance 2017-08. Council Member Zander seconded the motion. Roll call vote. The vote was unanimous in favor.

H. Public Hearing: Resolution R2017-02, adopting the 2016 Parks, Recreation, Community Arts, Trails, and Open Space Master Plan and amending the South Jordan General Plan. (By Associate Director, Colby Hill)

Associate Public Works Director Colby Hill introduced Mark Vlasic, with Landmark Design, who reviewed the South Jordan Parks, Recreation, Community Arts, Trails, and Open Space Master Plan. (Attachment E). It was noted that because the bulk of the growth in the city is happening on the west side of Bangerter Highway, they are considering the park needs west of

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Bangerter, including Daybreak and the Welby Regional park. Mr. Vlasic said there is a 5 acre park proposed east of Bangerter Highway. He also noted that the Welby Regional park has been sited but is not included in the calculations for level of service. Mr. Vlasic said the cost estimates are based on the city contributing 10 percent of the costs for the Welby Regional Park. CM Whatcott said that will depend on the agreement they can reach with the County regarding the Welby Regional Park. They are within that 10 percent range on the first phase. Mr. Vlasic said if they don’t work out an agreement on this park, he recommends they put the acreage and the money equivalent to the 10 percent of the Welby Park into another park. He said the model used for the Welby Regional Park was Sugarhouse park. CM Whatcott noted that clustering developments has been received unfavorably by the residents. They don’t like the increased residential density. The residents would rather have less open space and larger residential lots. Mr. Vlasic said they are recommending that they focus on sports fields parks on the west side. He noted that Daybreak will continue to have parks that focus on other uses. He said in order to keep their head above water with sports fields, there is a need to focus on that. He recommended 1 sports field for approximately every 2500 people. He said 4-5 sports fields on the west side is reasonable. He noted that their current level of service is 1 sports field for every 2250 people and that is not meeting their need. He said the County no longer provides softball and baseball fields because they are too one dimensional; they are not multi-purpose and the season is short so the fields are unused a lot of the time. Council Member Zander said the residents in Daybreak pay an HOA fee to have greenspace near their home. She said all residents use their facilities. CM Whatcott said the number one request they have from residents is more trails. He said Daybreak generally embraces the entire community using their parks. Council Member Zander asked if the proposed trail system will be similar quality to Daybreak? Mr. Vlasic said they are recommending that the trail standards align and are consistent. Mayor Alvord opened the public hearing. Rulon Dutson, Daybreak Communities, 4700 W. Daybreak Parkway, commended staff and the consultant on this plan. He said the plan itself has come a long way since it was first heard with the Planning Commission. They are still disturbed with the concept of Daybreak vs non Daybreak. They are encouraged about joining with land owners and make sure the trail systems contribute to broader objectives. They were concerned that Oquirrh Lake was not mentioned, except in the survey. Other regional uses were included. They would appreciate Oquirrh Lake included as an amenity. They are interested in consideration of the city to look at a partnership for a regional trail system. They have 80 acres proposed for active parks. The plan is for 3-4 smaller parks for that 80 acres. They appreciate consideration of regional activities being

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provided. They would also appreciate Oquirrh Lake being included in the policies that the city is working toward. Janalee Tobias, 1238 W. Jordan River Dr., noted that she sent a letter to the City Council earlier. She said she would like to see historical and cultural areas preserved in South Jordan. She said if property owners are willing to work with the city, they could do some type of wheeler farm, or a smaller farm, or farms with therapy animals. She will do anything she can to help with that type of idea. Council Member Shelton asked if Daybreak wants the lake included in the plan? Just a recognition that it’s there, or the idea that the city take over the lake? Mr. Dutson said a little of both. They felt it was odd that the open space and recreation amenity of the lake was not even acknowledged. It is not different than the Jordan River Parkway or Bingham Creek. They have raised the issue with staff, the consultant, and the Planning Commission. CM Whatcott said this plan equalizes the level of service on the east side versus the west side of the city. He feels it is fair in its approach. Mayor Alvord asked about the proposed funding to cover this plan. Will they propose to raise taxes to cover the goals? CM Whatcott said it depends on the priorities of the Council. Staff is not recommending a tax increase. He said this plan maintains the current level of service for parks, as they move into the future. He said providing the same level of service will cost more in the future. But there will also be more residents to pay for it. Mayor Alvord said the plan reflects a need for more trails and more sports parks. The City Council discussed looking into grants for farm or educational property, or for historical preservation. CM Whatcott said it would be an expensive project but he is in favor of it, if it is a goal of the City Council. The County has an open space preservation fund, but the city has been unsuccessful in getting funds so far. Council Member Marlor asked about the point of including Oquirrh Lake in the plan? Mr. Vlasic said Oquirrh Lake is privately owned. They only considered public land. It is recognized in the plan as a parcel that meets part of the acreage requirement for Daybreak. It is also acknowledged in the plan in the survey that it is a popular facility. Council Member Rogers said Oquirrh Lake is recognized in the analysis of the private park system in Daybreak. CM Whatcott said the plan is updated about every 5 years. They can’t just assume that it will be owned by the city. If that happens, they can update it in the plan. It is currently privately owned. Council Member Marlor said they should acknowledge that it’s there, and maybe consider including other privately owned recreation areas, such as in Glenmoor. Strategic Services Director Tingey said they will use the table in this plan and start an analysis of how it will affect the park impact fee. The land cost is the major determinate of the fee, as well

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as the improvement costs. They don’t anticipate it will change the fees much. They will bring that analysis forward in a couple of months. Council Member Harris said he supports building sports fields out west. He asked how are they addressing the aging demographic? Mr. Vlassic said the aging demographic wants trails, indoor recreational facilities, pickle ball, tennis, and rooms to do computer work. That can be addressed in the plan for individual parks. Council Member Zander said sidewalks are included as trails. That is not what the residents are asking for in relation to more trails. CM Whatcott said trails were not planned for on the east side and now that is built out. There is better opportunity when building trails headed north/south. Council Member Harris said there is a need for a splash pad on the east side, and more trails. Mr. Vlasic said the splash pad on the east side was included in their recommendation. Council Member Marlor said he does not oppose the financial numbers that correlate with this plan, but he does not know how to fund them either. It is a plan to shoot for, but it does not impose a financial requirement on the city as a result. CM Whatcott concurred. Mr. Vlassic said the only land acquisition is for the 5 acre park in Gap 1. The city has the land for the rest. Mayor Alvord said it is nice to have a plan to guide their decisions. Council Member Marlor made a motion to approve Resolution R2017-02. Council Member Marlor expressed appreciation to staff and the consultant on this issue. Council Member Rogers seconded the motion. Roll call vote. The vote was unanimous in favor. CM Whatcott thanked the Planning Commission for their input and work on this issue. He also thanked the public for their input.

K. Public Hearing: Ordinance 2017-07, Amendment to Subsection 16.36.070 (Miscellaneous Signs) eliminating Permit and Approval Sticker Requirements for off-site Real Estate Open House Directional signs. (By Staff Attorney, Steven Schaefermeyer)

Mayor Alvord said this issue has been discussed at length. City Attorney Loose said there will be no permit fee or sticker required for real estate signs. It does not change anything about prohibiting signs in the right of way. It also does not change the size of sign or the requirement for 5 signs per house. Mayor Alvord opened the public hearing. There were no comments. He closed the public hearing.

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Council Member Rogers made a motion to approve Ordinance 2017-07. Council Member Zander seconded the motion. Roll call vote. The vote was unanimous in favor.

L. Public Hearing: Ordinance 2017-09, amending portions of Title 1 and Title 9 of the South Jordan Municipal Code to change the severity of City Code Violations from Class B Misdemeanors to Infractions and to make technical and minor changes unnecessary or repetitive in the Municipal Code. (By COS Paul Cunningham)

Mayor Alvord said this item was discussed in a work session. There have been no substantive changes since that time. Mayor Alvord opened the public hearing. There were no comments. He closed the public hearing. Council Member Harris made a motion to approve Ordinance 2017-09. Council Member Shelton seconded the motion. Roll call vote. The vote was unanimous in favor.

M. Discussion Item: Mulligan’s Debt Write Off. (Mayor & Council) Mayor Alvord said the debt was intended to be a vehicle to take money Mulligans has earned and be able to transfer the funds from the enterprise fund to the General Fund. They discussed the law the exists that if they write off the debt, they are required to notify the shareholders, which means they would need to write a letter to each resident if funds were transferred. Council Member Shelton said if we were to write off the debt, and somewhere in the future Mulligans wanted to transfer money from Mulligans to the General Fund, would they do a truth in taxation hearing? Finance Director Naidu said no. Without debt on the books, they are required to notify the shareholders which are the residents of the city. Council Member Shelton said the plan for Mulligans anticipates significant capital improvements. He has not seen any pro forma for any plan that does not require the profits to be reinvested in improving that property. There is little to no potential to use any Mulligans funds in the general fund for many years, 15-20 years would be his guess. The capital improvement costs needed will take a lot of that revenue over the next 10 years. Council Member Shelton said he would anticipate profits after 10 years approximately, after the property improvements are complete. He does not think they need to keep the gate open for this transfer of money to the general fund. He feels a letter to the residents would be more transparent. Council Member Harris said he feels this violates proper accounting practices and it lacks transparency. Council Member Rogers said keeping the debt on the books was a political decision, not an accounting decision. Council Member Shelton concurred.

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Council Member Marlor said it appears that the decision of the City Council was that there was enough money in the general fund surplus that the bonds could be paid off. Because it was done and money was appropriated to pay off the bonds, that money was to pay off that debt. It was a capital contribution, the debt should have been expunged, and they should have moved on. He said it does not make sense. Council Member Harris said it was a mechanism to transfer money back to the general fund. Council Member Marlor said that was an idea then. Today, they have committed to do funding for a large project at Mulligans that will cost all of the funds generated at Mulligans. They are beyond the point to have that debt out there. Council Member Zander said she is in favor of eliminating it. Council Member Shelton made a motion to direct staff to bring a Resolution back to write off the debt on the Mulligans property. Council Member Marlor seconded the motion. The vote was 4-1 in favor, with Council Member Harris opposed.

N. Reports and Comments: (Mayor, City Council, City Manager, and City Attorney) Police Lieutenant Livingston said there were questions about what they do with homeland security in the city. He said they have a statewide information analysis center and a statewide intelligence center that gathers intelligence from around the country and disseminates it to the various agencies. They also have a sergeant in the police department that funnels information to the department. They receive 5-8 intelligence reports a day. They spend a considerable amount of time interfacing with the FBI and DHS. They also have a detective imbedded in the DEA task force and they patrol high risk areas. Mayor Alvord asked if they ask for people’s immigration status? Mr. Livingston said no; the jail does that automatically. Mayor Alvord asked how that is different from sanctuary cities? Are those city jails not going after citizenship status? Mr. Livingston said he is unsure; the police department’s primary concern is criminal activity in the city. COS Cunningham said with current booking traditions, minor offenders don’t go to jail. He reviewed how jails and courts handle INS issues. Council Member Shelton reported on a recent meeting he had with various legislators. Council Member Rogers reported that he would no longer be able to attend the work sessions during the lunch hour, even electronically. Council Member Rogers said he would like to explore the idea of allowing people to use synthetic grasses. The code does not currently allow it. Council Member Zander asked for an update on the parkstrips. Public Works Director Rasmussen said they are working on changing the code and are looking to bring that back the first or second meeting in April.

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The City Council took a break.

O. Discussion Item: Legislative Update and Potential Action. (City Attorney Ryan Loose and Chip Dawson)

City Attorney Loose and Chip Dawson reviewed the Legislative Consent Agenda (Attachment F). They reviewed the differences between the civil asset forfeiture bills. Staff supports SB 87. They discussed a bill regarding plan checks. There will be more discussion on that bill during interim. They are not worried about the required 14-21 day timeline; the turnaround at the city is typically 3-5 days. The entire process at the city is typically 4 weeks. Because of this bill, the city will be more diligent on what plans are accepted up front. City Attorney Loose said the city has a pretty efficient process. City Attorney Loose asked that the City Council inform staff by email if there are any issues with their positions on the legislative consent agenda. Council Member Marlor asked about changes to RDA’s? Mr. Dawson said Senator Filmore’s bill will be back in committee tomorrow at 8 am. They have heard there is a substitute bill. City Attorney Loose said their understanding is that the bill won’t come out of committee as currently written. City Attorney Loose and Intergovernmental Affairs Coordinator Chip Dawson reviewed some non-consent legislative items (Attachment G). HB 304 - regarding water conservation amendments by Representative Froer. The City Council expressed support for it. HB 339 – economic development and low income housing amendments by Representative Coleman. CM Whatcott said a deal was negotiated last year, and they had agreed to the 10 percent. And now the 10 percent is being proposed to be removed. The League has a neutral position on this bill. It was noted that the County is saying they have to do 10 percent low income housing. There was concern expressed about upsetting the County. The City Council took a to be determined position on this bill. HB 298 SUB2 - Free Expression Regulation by Local Government, by Representative Thurston. City Attorney Loose said this is not a concern for him with regards to South Jordan. It will not affect the city’s sign ordinance. The City Council expressed support for this bill. SB 222 - equitable allocation of public transit district funding by Senator Mayne.

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Mayor Alvord expressed opposition to this bill. He said there is nothing wrong with putting public transit where the customers are. CM Whatcott said he feels that they need to give people transit options. Council Member Rogers said he feels UTA’s decision are more political than practical. The City Council expressed support for SB222. Mayor Alvord took a neutral position. Bills that will be reviewed at the next City Council meeting: Sb 250 – food truck licensing and regulation Sb 241 – local government plan review amendments Sb 142 – redevelopment agency amendments

Sub is being developed according to Jordan School District HB 235S1 – automated traffic enforcement safety devices

P. Executive Session: Closed meeting to discuss pending or potential imminent litigation.

City Attorney Loose said if the City Council is determined to fight the issue under any circumstances and they are set on litigating the issue, they will close the meeting. Otherwise, they should have an open front end discussion. It was noted that there was no public present to hear the discussion. Council Member Rogers made a motion to go into executive session to discuss pending or reasonable imminent litigation. Council Member Zander seconded the motion. Roll call vote. The vote was unanimous in favor. ADJOURNMENT Council Member Zander made a motion to come out of closed meeting. Council Member Shelton seconded the motion. The vote was unanimous in favor. City Attorney Loose said they have gone through the purchasing policy, and are operating within it, with regards to hiring a law firm for an issue discussed in closed meeting. Council Member Rogers made a motion to direct staff to hire the law firm associated with Mike Ostermiller and Chris Kyler for limited scope legal services as directed by the City Council in the amount of $30,000. Council Member Shelton seconded the motion. Roll call cote. The vote was unanimous in favor. ADJOURNMENT Council Member Shelton made a motion to adjourn. Council Member Rogers seconded the motion. The vote was unanimous in favor. The February 21, 2017 City Council meeting adjourned at 11:06 p.m.

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This is a true and correct copy of the February 21, 2017 Council Study Meeting minutes, which were approved on March 7, 2017.

South Jordan City Recorder

City of South Jordan Legislative Consent Agenda for February 21, 2017

H.B. 19 Civil Asset Forfeiture Reform Amendments Staff Suggested Position: Oppose ULCT: Oppose The ULCT and Law Enforcement Legislative Committee prefers Sen. Thatcher’s bill. H.B. 37 State Construction Code Amendments Staff Suggested Position: Support ULCT: Support Developed with ULCT Land Use Task Force input during the 2016 interim. H.B. 84 Water Law – Nonuse Applications Staff Suggested Position: Support ULCT: Neutral Jordan Valley water Conservancy District supports this legislation. H.B. 152 Transportation Funding Revisions Staff Suggested Position: Support ULCT: Support More flexibility for local governments to use their corridor preservation funding. H.B. 252 Disposal of Firearms Staff Suggested Position: Oppose ULCT: None SJPD currently destroy weapons and would like individual agencies to retain the ability to determine the best course of action for each agency. H.B. 263 Urban Search and Rescue Program Staff Suggested Position: Support ULCT: None Creates a program within the Division of Emergency Management to increase the state's urban search and rescue capability; and requires that appropriated funds are used only for the purchase of equipment and training for the development of a Type 3 urban search and rescue task force. SJFD Battalion Chief Reed Thompson had worked in helping to develop this program so that municipal resources are not the sole resources for a statewide USAR program. Cities will remain responsible for training their USAR members, but the state will provide for a centralized supply of USAR resources to be used in an emergency. H.B. 265 Safety Inspection Amendments Staff Suggested Position: Oppose ULCT: None Could repeal the requirement of Street-Legal OHV’s to have a safety inspection beyond the initial inspection to obtain a license plate and some other changes. OHV’s are often damaged along the trail or otherwise altered for performance; there is a need to determine these vehicles have minimal safety equipment annually. S.B. 31 Protection of Law Enforcement Officers' Personal Information Staff Suggested Position: Support ULCT: Support Makes it a crime to publish personal information of a law enforcement officer. S.B. 37 Statewide Crisis Line Staff Suggested Position: Support ULCT: Support Initially, Salt Lake County and some cities that use the 3-1-1- information number were concerned that this support line would use 3-1-1. Instead, it will use 6-1-1.

S.B. 70 Asset Forfeiture Transparency Amendments Staff Suggested Position: Oppose ULCT: Neutral Law Enforcement Legislative Committee and SJPD oppose. They prefer Sen. Thatcher’s asset forfeiture bill. S.B. 87 Civil Asset Forfeiture Revisions Staff Suggested Position: Support ULCT: Support SJPD and LELC support these revisions. S.B. 156 Local Public Safety and Firefighter Surviving Spouse Trust Fund Amendments Staff Suggested Position: Neutral ULCT: Support Amends a date requirement for line-of-duty deaths to be eligible to be covered under the Local Public Safety and Firefighter Surviving Spouse Trust Fund. The fund premiums do not actually come into play until July 1, and this bill would retroactively add costs to be covered. The premium cost increase, which will affect the FY17-18 budget already moving through City processes. There are concerns about when a benefit line is redrawn retroactively. S.B. 181 High Priority Transportation Corridors Amendments Staff Suggested Position: Support ULCT: Support Modifies the circumstances under which a municipality or county is required to notify the Department of Transportation when the municipality or county receives a land use application that relates to land located within the boundaries of a high priority transportation corridor; removes notice to the department as a condition to rights vesting in a land use application. S.B. 222 Equitable Allocation of Public Transit District Funding Staff Suggested Position: Support ULCT: Oppose Requires a public transit district to allocate funds based on access to rail lines and population distribution. S.B. 241 Local Government Plan Review Amendments Staff Suggested Position: Neutral ULCT: Support This bill was not reviewed by the ULCT’s Land Use Task Force. Would require that a submitted building plan is automatically accepted by the City is the city is unable to provide approval within 14 days. However, the legislation does not take into account the practice that many plans are often incomplete, requiring them to be returned to parties asking for additional information. If a builder submits a plan, and the plan is returned, the bill makes no allowance for that. It would at the very minimum have to be amended to address this most common issue. Further, many cities feel the arbitrary imposition of a time to review plans will require them to hire additional plan reviewers, and thus this legislation contains an unfunded mandate.  

2017 Legislative Session Update #2Ryan Loose – City Attorney

Chip Dawson – Intergovernmental Affairs

H.B. 19 Civil Asset Forfeiture Reform Amendments Staff Suggested Position: Oppose ULCT: OpposeThe ULCT and Law Enforcement Legislative Committee prefers Sen. Thatcher’s bill.

H.B. 37 State Construction Code AmendmentsStaff Suggested Position: Support ULCT: SupportDeveloped with ULCT Land Use Task Force input during the 2016 interim.

H.B. 84 Water Law – Nonuse ApplicationsStaff Suggested Position: Support ULCT: NeutralJordan Valley water Conservancy District supports this legislation.

H.B. 152 Transportation Funding RevisionsStaff Suggested Position: Support ULCT: SupportMore flexibility for local governments to use their corridor preservation funding.

H.B. 252 Disposal of FirearmsStaff Suggested Position: Oppose ULCT: NoneSJPD currently destroy weapons and would like individual agencies to retain the ability to determine the best course of action for each agency.

H.B. 263 Urban Search and Rescue ProgramStaff Suggested Position: Support ULCT: None Creates a program within the Division of Emergency Management to increase the state's urban search and rescue capability; and requires that appropriated funds are used only for the purchase of equipment and training for the development of a Type 3 urban search and rescue task force. SJFD Battalion Chief Reed Thompson had worked in helping to develop this program so that municipal resources are not the sole resources for a statewide USAR program. Cities will remain responsible for training their USAR members, but the state will provide for a centralized supply of USAR resources to be used in an emergency.

H.B. 265 Safety Inspection Amendments Staff Suggested Position: Oppose ULCT: None Could repeal the requirement of Street-Legal OHV’s to have a safety inspection beyond the initial inspection to obtain a license plate and some other changes. OHV’s are often damaged along the trail or otherwise altered for performance; there is a need to determine these vehicles have minimal safety equipment annually.

S.B. 31 Protection of Law Enforcement Officers' Personal InformationStaff Suggested Position: Support ULCT: SupportMakes it a crime to publish personal information of a law enforcement officer.

S.B. 37 Statewide Crisis LineStaff Suggested Position: Support ULCT: SupportInitially, Salt Lake County and some cities that use the 3-1-1- information number were concerned that this support line would use 3-1-1. Instead, it will use 6-1-1.

S.B. 70 Asset Forfeiture Transparency AmendmentsStaff Suggested Position: Oppose ULCT: NeutralLaw Enforcement Legislative Committee and SJPD oppose. They prefer Sen. Thatcher’s asset forfeiture bill.

S.B. 87 Civil Asset Forfeiture RevisionsStaff Suggested Position: Support ULCT: SupportSJPD and LELC support these revisions.

S.B. 156 Local Public Safety and Firefighter Surviving Spouse Trust Fund AmendmentsStaff Suggested Position: Neutral ULCT: SupportAmends a date requirement for line-of-duty deaths to be eligible to be covered under the Local Public Safety and Firefighter Surviving Spouse Trust Fund. The fund premiums do not actually come into play until July 1, and this bill would retroactively add costs to be covered. The premium cost increase, which will affect the FY17-18 budget already moving through City processes. There are concerns about when a benefit line is redrawn retroactively.

S.B. 181 High Priority Transportation Corridors AmendmentsStaff Suggested Position: Support ULCT: SupportModifies the circumstances under which a municipality or county is required to notify the Department of Transportation when the municipality or county receives a land use application that relates to land located within the boundaries of a high priority transportation corridor; removes notice to the department as a condition to rights vesting in a land use application.

S.B. 222 Equitable Allocation of Public Transit District FundingStaff Suggested Position: Support ULCT: OpposeRequires a public transit district to allocate funds based on access to rail lines and population distribution.

S.B. 241 Local Government Plan Review AmendmentsStaff Suggested Position: Neutral ULCT: SupportThis bill was not reviewed by the ULCT’s Land Use Task Force. Would require that a submitted building plan is automatically accepted by the City is the city is unable to provide approval within 14 days. However, the legislation does not take into account the practice that many plans are often incomplete, requiring them to be returned to parties asking for additional information. If a builder submits a plan, and the plan is returned, the bill makes no allowance for that. It would at the very minimum have to be amended to address this most common issue. Further, many cities feel the arbitrary imposition of a time to review plans will require them to hire additional plan reviewers, and thus this legislation contains an unfunded mandate.

H.B. 304 “Water Conservation Amendments” Rep. Froer• Modifies Utah Code 10-9a-527 to state:• “A legislative body may not require that more than 5% of a

property be landscaped with vegetation if the property is within a zoning district that is primarily intended for commercial or industrial uses.”

• Amended in Committee at suggestion of ULCT on Friday. • The bill now includes language that each retail water

provider’s existing water conservation plans shall contain water use reduction goals and measures for residential, commercial, and industrial uses.

H.B. 339 “Economic Development and Low Income Housing Amendments” Rep. Coleman• Removes the 10% housing allocation requirement for community

reinvestment project areas. • Rolls back compromise position reached in S.B. 151 (2016), the

RDA rewrite bill (down from 20% requested by SL County)• If this bill passes and the 10% housing allocation is not required,

then for Salt Lake County to participate, the County could still require a housing set aside of the increment if needed by the City to participate in a CRA.

• It is a bill in Salt Lake County that will not benefit cities; it will only benefit areas outside the county. There are concerns that it could possibly push some commercial development out of Salt Lake County and into Utah County.

H.B. 298Sub2“Free Expression Regulation by Local Government ” Rep. Thurston• Requires that a political subdivision ensure that any

generally or individually applicable time, place, or manner restriction on expressive activity on public grounds complies with certain constitutional requirements.

• Requires that, if a political subdivision imposes a generally applicable time, place, or manner restriction on expressive activity on public grounds, the political subdivision must impose the restriction by ordinance or adopt the restriction in accordance with a general ordinance.

• Has been substituted twice, and now addresses concerns from City Attorneys.

S.B. 222“Equitable Allocation of Public Transit District Funding ” Sen. Mayne• Requires a public transit district to allocate funds based on

access to rail lines and population distribution.• 17B-2a-806 (3) to read

• i “give priority to public transit services that feed rail fixed guideway services; and

• ii “allocate funds according to population distribution within the public transit district”.

• Fiscal note shows no impact to State or local governments.

Issues for Next City Council Budget MeetingFebruary 28, 2017• S.B. 250 - Food Truck Licensing and Regulation• S.B. 241 - Local Government Plan Review Amendments• S.B. 142 - Redevelopment Agency Amendments

• Substitute is being developed according to Jordan School District.• H.B. 235S1 - Automated Traffic Enforcement Safety Devices

Questions and Further DirectionThank You.