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City Council

Regular Meeting

Bluffdale, UT · January 14, 2015

Agenda

Agenda

AMENDED BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING AGENDA Wednesday, January 14, 2015 Notice is hereby given that the Bluffdale City Council and the Bluffdale City Planning Commission will hold a joint meeting Wednesday, January 14, 2015 at the Bluffdale City Fire Station, 14350 South 2200 West, Bluffdale, Utah scheduled to begin promptly at 7:00 p.m. or as soon thereafter as possible. Notice is further given that access to this meeting by the Mayor and or City Council may be by electronic means by telephonic conference call. The Agenda will be as follows: BLUFFDALE CITY COUNCIL REGULAR BUSINESS MEETING 7:00P.M. I. Roll Call, Invocation and Pledge.* 2. Recognition and appreciation to Brandon Nielsen for his years of service on the Bluffdale City Planning Commission, Mayor Derk Timothy. 3. PUBLIC FORUM - (4 minute maximum per person to bring items not already on the agenda before the Council. Participants are encouraged to submit a written statement ( l copy) for items that are complex or that may require more than 4 minutes to present). 4. CONSENT AGENDA: 4.1 Approval ofthe December 17, 2014 meeting minutes. 5. Consideration and vote on a Resolution Authorizing the City Manager to Enter into Agreements Awarding a Contract for the Loumis Parkway Widening and Repaving Project and Establishing a Contingency, staff presenter, Matt Chadwick. JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING 6. Roll Call. 7. Discussion and information regarding the Clustered Residential Overlay Zone (CRO), staff presenter, Grant Crowell. 8. Adjournment of Joint City Council & Planning Commission Meeting. CONTINUATION OF BLUFFDALE CITY COUNCIL BUSINESS MEETING 9. Mayor's Report. I 0. City Manager's Report and Discuss ion. PLANNING SESSION 11. Please Note: The planning session is for identifying future items and other council discussion in accordance with Utah Code 52-4-201 (2) (a). While the meeting may be open to the public, there will not be any opportunity for public input during the planning session. 12. Closed meeting pursuant to Utah Code § 52-4-205 ( 1) to discuss the character, professional competence, or health of an individual, collective bargaining, pending or imminent litigation, strategies to discuss real property acquisition, including any form of a water right or water shares, security issues, or any alleged criminal misconduct (if needed). 13. Adjournment. Dated this 12th day of January, 2015 I HEREBY C ERTIFY THAT THE FOREGOING NOTICE AND AGENDA WAS FAXED TO THE SOUTH VALLEY JOURNAL, THE SALT LAKE TRIBUNE, AND THE DESER ET MORNI NG NEWS; POSTED AT THE BLUFFDALE CITY HALL, BLUFFDALE CITY FIRE STATION, AND THE COMMUN ITY BULLETIN BOARD AT THE BLUFFS APARTMENTS; EMAILED OR DELIVERED TO EACH MEMBER OF THE BLUFFDALE CITY COUNCIL; ON TH E C ITY 'S WEBSITE AT WWW.BLUFFOALE.COM AND ON THE PUBLIC MEETING NOTICE WEilSITE, WWW.PMN.UTAH.GOV Teddie K. Bell, MMc City Recorder Note: The Bluffdale City Council will take a recess at approximately 9:30 p.m. and will evaluate the time needed to complete items not yet heard on the evening's agenda. Items the Council determines may take the meeting past 10:00 p.m. may be removed from the agenda and re-scheduled for the next regularly scheduled meeting. In compliance with the American with Disabilities Act, individuals needing assistance or other services or accommodation for this meeting should contact Bluffdale City Hall at least 24 hours in advance of this meeting at 801-254-2200. TTY 7-1-1. *Contact the City Recorder if you desire to give the Invocation. BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, J a nuary 14, 2015 Present: City Council Members: Mayor Derk Timothy Bruce Kartchner Ty Nielsen Heather Pehrson Justin Westwood Planning Commission Members: Brad Peterson, Chair Von Brockbank Johnny Loumis, Jr. Kory Luker (arrived at 7:27p.m.) Connie Pavlakis Others: Mark Reid, City Manager Vaughn Pickell, City Attorney Grant Crowell, City Planner/Economic Development Director Blain Dietrich, Public Works Operations Manager Alan Peters, Associate Planner Jennifer Robison, Associate Planner Matt Chadwick, Assistant City Engineer Teddie Bell, City Recorder Excused: Alan Jackson Mayor Derk Timothy called the meeting to order at 7:00p.m. BLUFFDALE CITY COUNCIL REGULAR BUSINESS MEETING 1. Roll Call, Invocation, and Pledge. All Members of the City Council were present with the exception of Alan Jackson who was excused. Brandon Nielsen offered the invocation. Ty Nielsen led the Pledge of Allegiance. BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14, 2015 2. Recognition and Appreciation to Brandon Nielsen for His Years of Service on the Bluffdale City Planning Commission. Mayor Timothy recognized Brandon Nielsen who has been a faithful member of the Planning Commission. Commissioner Nielsen was the first Commission Member appointed when Mayor Timothy first became mayor. He recognized the work and expertise required to serve on the Planning Commission. The Mayor expressed his appreciation to Commissioner Nielsen for his service and awarded him a plaque in recognition of his service. Commissioner Nielsen was encouraged to continue to volunteer and be involved in the City. 3. PUBLIC FORUM. Barry McLerran was present representing Senator Mia Love' s office. He wished the City the best on their plans for a New City Hall. He reported that Congresswoman Love has been working on the Federal Regulation Accountability Act, which makes federal agencies more transparent. He stated that her office and staff are available to the City Council. Johnny Loumis, Jr. gave his address as 14315 South Loumis Parkway and commented on property Chris McCandless sold to the Church of Jesus Christ of Latter-day Saints. He stated that the Church will soon be constructing a new facility there. He made it clear that Spring View Farms will use the water shares in perpetuity and will likely pipe the ditch through the property. He wanted to make sure that the Church is aware ofthe existence of the ditch and that they will be using the water rights in perpetuity. He recommended the Church do what it can to make the ditch safe. Bruce Kartchner did not consider the ditch to be a City issue. He noted that the property owners have the right to the easement but it is an issue to be resolved between him and the landowner. Mr. Loumis understood that but wanted to make the Council aware of the situation. Von Brockbank mentioned that recently he was traveling down 3600 West into Bluffdale and observed that the roads were very clean, which was not the case in Riverton. He was proud to be from Bluffdale. Mayor Timothy remarked that the public has also been very complimentary of the City's snow removal efforts. He commended the Public Works Department for the great job they do. There were no further public comments. 4. CONSENT AGENDA: 4.1 Approval of the December 17, 2014, Meeting Minutes. Ty Nielsen moved to approve the consent agenda. Bruce Kartchner seconded the motion. The motion passed with the unanimous consent of the Council. 2 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14, 2015 5. Consideration and Vote on a Resolution Authorizing the City Manager to Enter into Agreements Awarding a Contract for the Loumis Parkway Widening and Repaving Project and Establishing a Contingency, Staff Presenter, Matt Chadwick. Assistant City Engineer, Matt Chadwick, discussed the City Engineer's memo and stated that the intent is to make Loumis Parkway safer by widening it from Redwood Road to the Riverton border. The project was recently put out to bid with an average bid amount of $2.6 million. They are seeking permission for City Manager, Mark Reid, to sign the contract with Newman Construction, who was the low bidder. They were also asking that a 10% contingency be allotted for the project. Newman Construction's bid was $2,372,855. With the 10% contingency to cover change orders the total would be $2,610,441. Heather Pehrson stated that she recently spoke to the Engineering Department about doing the project in two stages. Mr. Chadwick stated that the intent was to do it as one project. They will, however, start on the north end and then complete the south end. It was expected that if approved, work would begin within the next one or two weeks. Mayor Timothy asked if there was a time requirement for the water line that the Sewer District will be using. Mr. Reid stated that City Engineer, Michael Fazio, informed him that it has to be completed by the end of March. Mayor Timothy explained that the water line is to be upgraded from a six-inch line so that it will meet the requirements of the new Sewer District Administration Building. Council Member Pehrson observed that there had been ongoing concerns with the individuals on the south end. Mr. Chadwick stated that the City retained the services of a geotechnical firm who will monitor the situation. That cost is included in the budget but is not part of the contract. Bruce Kmichner asked if there had been any feedback from the LDS Church about the timeframe of developing the property. Associate Planner, Jennifer Robison, stated that staff has had contact with the project architect who indicated that it could happen this year. They will soon come before the Council with a request to pay their impact fees and install the infrastructure. Mayor Timothy asked if there was any mention ofUDOT's retention pond and possibly moving it further east and possibly installing a sleeve beneath the road to prevent cutting it. Mr. Chadwick was not sure what had been discussed in that regard but expected that the 10% contingency would cover such an addition. The Mayor suggested the sleeve be installed to avoid having to cut the road again. Mr. Chadwick agreed to discuss the situation with Mr. Fazio. Bruce Kartchner moved to pass a resolution authorizing the City Manager to enter into agreements awarding a contract for the Loumis Parkway widening and repaving project and establishing a 10% contingency. Ty Nielsen seconded the motion. Vote on motion: Heather Pehrson-Aye, Bruce Kartchner-Aye, Ty Nielsen-Aye, Justin Westwood-Aye. The motion passed unanimously. 3 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14, 2015 JOINT CITY COUNCIL AND PLANNING COMIMSSION MEETING 6. Roll Call. All Members of the City Council were present with the exception of Alan Jackson, who was excused. All Members of the Planning Commission were present with the exception of Kory Luker, who arrived later. 7. Discussion and Information Regarding the Clustered Residential Overlay Zone (CRO), Staff Presenter, Grant Crowell. Justin Westwood disclosed a conflict of interest and stated that this mother and family are owners of property due west of the proposed development in what has been called the Anderson property. This property is owned by his mother's family and could be part of the development. He felt he could still be objective and vote on the issue. Economic Development Director/City Planner, Grant Crowell, stated that the Clustered Residential Overlay Zone is also referred to as the CRO zone. He explained that it is an open space subdivision tool that was used previously by the City in Spring View Farms and Parry Farms. Recently a request was received from a property owner to look at properties west of Spring View Farms. The General Plan was adopted in March 201 4 and included changes to the map. They tried to specify areas they know are currently dedicated open space and areas that are currently in approved zoning for CROs. All were specified on the map. It was noted that the CRO zone allows up to 1.3 5 units per acre. Previously there was concern about the deliberation of the CRO and what it would be applicable to. The text in the General Plan now discusses the fact that the map shows only what is already existing and where the CRO is applicable. The existing CROs, such as Spring View Farms, could be expanded because of their development agreements. Mr. Crowell stated that if the City Council and Planning Commission were to entertain changes that would allow projects like Spring View Farms to occur today, there are things that would need to be considered. These include General Plan changes, zoning and text changes, and ultimately a zoning map change and subdivision approval. He recommended they contemplate the General Plan and whether they want to approach it in a broader fashion or apply the General Plan changes individually to properties as requested. In 2007, the Council removed the density bonus and went to 1.35 units per acre. As it exists today, the maximum allowable density is 0.85 units per acre and there is no bonus density allowed. In fact, if a subdivision were developed at that density a developer would likely get less than the standard zoning in most cases. Previously the lot size of Spring View Farms allows 10,000 square-foot lots to be created in the zone. The minimum lot size is now 20,000 square feet. Mr. Crowell indicated that the minimum lot size in Spring View Farms is I 0,000 square feet. He explained that in 2007 it was changed to clarify what could be counted in the density. For example, an unbuildable area could not count toward density. 4 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14, 2015 Mayor Timothy wanted to discuss why the density bonus was eliminated. Mr. Crowell stated that one was a mapping exercise to clarify what was entitled. There is an ongoing policy decision about whether bonus density and density greater than one unit per acre fits in the City' s current idea of community character. It was Heather Pehrson' s understanding that the entitlements included the adjacent area to Spring View Farms. She believed it was removed because it was still an option for the adjacent propetties. City Attorney, Vaughn Pickell, thought it was ridiculous to think that by contract the City ordinance can be violated. The ordinance would have to be changed to allow the Spring View development pattern again even with a development agreement. He explained that the Spring View Farms development agreement states that adjacent properties may be added with the consent of the City. Council Member Pehrson stated that she learned recently that not only does the City have to say yes but they have to change several things. She clarified that the City has a choice and was under that impression when she voted for the Master Plan. Bruce Kartchner clarified that the CRO Zone currently exists and it is the City' s choice to modify it to be reflective of the density. The density penalty is that under the CRO Zone the density is calculated based on the inclusion or exclusion of the roads. His recollection was that under the 1.35 density bonus, virtually everything after that time was proposed as CRO. Prior to that time the City' s density was one unit per acre. Developers had the ability to get .25-acre lots as long as they were willing to give up open space, which was frequently unbuildable propetty. The Council liked the idea of an overlay that allowed clustering but it would still be tmder the general designation of one-acre zoning. Those wanting to cluster to preserve open spaces would benefit, however, there would still be a fairly low overall density and no benefit for having property that is otherwise unbuildable. Brad Peterson agreed but thought that as the City becomes more developed there will be small unique pieces of property that are so difficult to develop that it would be impractical for a developer to buy a property that has a large portion ofunbuildable area. He wasn't in favor of allowing lots as small as .25 acre because it changes the overall demographics of the City. Bruce Kartchner questioned what becomes of the unbuildable land. He did not feel it was his job to make sure that the developer is able to profitably develop a piece of land that he purchased knowing of the restrictions that were on it and hoping to be able to get the City to change its mind and give a more beneficial zoning. Commissioner Peterson agreed but stated that the cunent CRO makes it much more diffi cult to develop those types of properties. With some give and take both can benefit and there can be a use for unbuildable parcels. Bruce Kartchner agreed that clustering makes sense. Heather Pehrson suggested that the CRO be made available in some areas of the City where it makes sense. She considered it to be an important tool that should be an option in areas where it is a needed resource, especially along the river where there are bluffs and wetlands. She stressed the importance of where it is implemented and that stipulations should be in place with respect to the 5 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14,2015 types of developments that can use it so that there are strict guidelines for the perpetual maintenance and care of the open space. Johnny Loumis, Jr. 's opinion was that it comes down to what the City wants to achieve. With regard to unbuildable land, he acknowledged that it is owned by someone. If the City works with the developer, they likely can achieve amenities such as trails, open space, and parks. He stressed that for small parcels there needs to be an incentive. Mayor Timothy agreed that Spring View Fatms is a very successful, beautiful, and well kept area. He questioned how credit should be given for land. Possible options were discussed. Commissioner Loumis suggested the City determine whether the City will benefit from a potential trail connection or open space. If so, he thought offering a property owner more lots in exchange for a parcel of land would benefit the City. Connie Pavlakis felt that unbuildable land will remain unbuildable and there is no benefit to the City. She did not think it was the City's job to give a bonus for land that is unbuildable. Brad Peterson did not want to create a situation where a new subdivision doesn' t fit the surrounding area. He suggested that changes be made according to the individual property. Mayor Timothy thought the benefit of the CRO was because part of the open space that will benefit the City is connectivity through all of the property rather than just a comer of it. The reason for offering a bonus density would be for the infrastructure it would take to add to the value of the area. Commissioner Peterson suggested that a stipulation be added to the CRO that the City can determine a minimum lot size or possibly trade property. Without a minimum lot size, the homes could be placed in one comer and the rest of the property designated as unbuildable, which would eliminate the ability to get any kind of benefit from it. Bruce Kartchner commented that the CRO is popular because it allows developers to make a profit. He noted that some CRO zones work and other do not. Heather Pehrson felt that the CRO Zone can be a good thing. Johnny Loumis, Jr. believed it comes down to planning. He did not think the City should fear density but rather be concerned about lack of planning. He stated that the success of Spring View Farms was the result of seven years of hard work. Mayor Timothy asked what the next step should be with the CRO Zone. He recognized that some developers are responsible and provide a great product while others do not. Heather Pehrson asked how it could be structured to ensure legislative control. Mr. Pickell recommended they not make the legislative and rezoning decision until a full package is provided including a site plan and a finalized development agreement. That way the City knows what they are getting at the time of the rezone. He suggested a list be compi led. Bruce Kartchner suggested parameters be set so that it is known whether what is requested is fi scally possible. Brad Peterson suggested there be a case-by-case scenario. If a maximum is set, that is what developers will choose. Connie Pavlakis thought it was a mistake for the City to go backward. She 6 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14, 2015 considered Bluffdale to be a unique and special place and the more they do what surrounding communities have done, the more Bluffdale loses its identity. She stated that the overwhelming feedback from the community is that they want more space. She did think it was necessary for the City to make concessions to make the developers more money. Johnny Loumis, Jr. did not feel that the density bonus of 1.35 units per acre was significant and was much less than what Trophy Homes got at 12 units per acre. Heather Pehrson thought the CRO would make sense in certain areas, especially in pockets around Spring View Farms. It was not, however, her intent to expand the CRO to the rest of the community. Wetland issues were discussed. Bruce Kartchner wanted to ensure that the area that is preserved benefits the City. He expressed concern with the potential to end up with a zone that is specific to a piece of property. Mayor Timothy stated that if a CRO Zone were developed on paper, it would not be awarded until the plan has been approved. The City can choose not to approve the rezone and award it based on the plan. Mr. Pickell stated that there should be criteria in the ordinance. If a developer appears to meet the criteria, however, it might be dangerous for the City to deny it. The Mayor asked if there was a way to not award the zone anywhere but specify that if they do it will be in a specific area. Mr. Pickell stated that that can be accomplished by designating a portion of the City as where the zone will be allowed. Brad Peterson questioned whether the City wants small pieces of unique propetties developed. If it is able to be developed it will become more valuable. Mayor Timothy asked if the City wants to turn a worthless piece of property into something that has more property tax value. In addition, if a product like Spring View Farms can be achieved in other areas he asked if it should be allowed. Brad Peterson thought it could be a win-win situation for all involved. Connie Pavlakis stressed the impottance of doing it based on what the citizens want Bluffdale to be and should have nothing to do with who is going to profit. Ty Nielsen struggled with the issue but also believed a property owner should be able to do what they want with their property. Heather Pehrson 's main concern was with maintaining open space areas in perpetuity. She thought that was the key and where success or failure will be determined. Bruce Kartchner stated that although Spring View Farms is successful now, the HOA could change. Council Member Kartchner stated that Chris McCandless told him that he would like the City to take all of the open space and infrastructure. Heather Pehrson's understanding was that he would like a stronger legal structure similar to an SSA. Bruce Kartchner stated that the only difference between an SSA and an HOA is that an SSA would have taxing authority. Individual property rights were discussed. Heather Pehrson asked how the City could establish something that is fair. Mr. Crowell commented that the City doesn't have much control of the administration ofHOAs. Mr. Reid reported that the Johnson-Anderson Subdivision HOA is set to expire in the next few years and was not sure how things will turn out once their HOA is no longer valid. Mayor Timothy questioned what the HOA is 7 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14, 2015 doing and pointed out that the property was zoned to prevent it from being subdivided further. Mr. Reid remarked that his point was that HOAs can expire over time and can become something different than what was originally intended. For example, HOA dues can be adjusted and lowered to the point that there isn't enough money to maintain it in the same manner it was previously. Bruce Kartchner stated that that is something that has to be considered in advance. He commented that he had never seen a City asset without an ongoing cost associated with it. Johnny Loumis, Jr. stated that when Trophy Homes was developed he fought to preserve the hillside along 1300 West. Now all that is left are walls. He attributed that to the City allowing a density of 12 units per acre. He suggested that any density bonus include a benefit to the City and property planning. Brad Peterson fe lt different about the issue now than he did prior to tonight's meeting. He wanted Bluffdale to remain rural but not at the expense of requiring one-acre lots. He was in favor of allowing greater densities ifthere is a benefit to the City. Bruce Kartchner also felt different than he had previously. He agreed with Mr. Crowell that the zoning should be allowed in specific areas and density dealt with on a case-by-case basis. Mr. Crowell stated that special districts have been referred to where the zoning would be created for the individual property. Various options were discussed in an effort to get a consensus from the group. Connie Pavlakis thought that with special districts a minimum would need to be set. The Mayor disagreed and stated that there may be some cases where there could be a small parcel between two or more other proj ects that perhaps could be developed to provide a connection. If a minimum were set in such an instance, the City would get no trail, open space, or connection. The group was most in favor of allowing special districts. Council Member Kartchner was neither for or against setting size limitations but thought the economics of each situation will automatically limit the size. Heather Pehrson stated that not all developers are interested only in profit and many also value the land. She considered that to be congruent with Bluffdale values. Brad Peterson agreed but stated that as planners they have to look at the financial aspect of each development. He used the corner of Redwood Road and Bangerter as an example. Possible ways to move forward were discussed. Mayor Timothy opened the meeting to public comment. Ross Jones gave his address as 1342 West 14550 South and stated that it was painful to hear people refer to property as "worthless". He stated that it takes a developer who is willing to spend the money to make it happen and money to preserve it. It is also necessary to have a dedicated HOA. He suggested there be a focus on certain areas such as the river corridor, which is very valuable. The County built the horse trail and he hoped to see additional open space. Last, he recommended the housing be clustered in order for the City to get the tax base. Boyd Priest, a Bluffdale Heights resident, thought it was important for the City to have tools in place to ensure that proper development occurs. Going back to the old rules will require some 8 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14, 2015 adjustment. He suggested it be based on the percentage ofunbuildable space, guidelines provided to developers, and each considered on a case-by-case basis. James Horsley, from RDM Development, reported that they value open space and have worked with Lynn Larson from Salt Lake County on the equestrian trail and the preservation of open space. Salt Lake County liked the idea of sidewalks serving as the trail as long as there is access to the co1ridor. He recommended the City work with the County. Mr. Horsley remarked that he did not consider 1.35 units per acre to be excessive density and asked that there be direction in terms of what the City wants in terms of increased density. Von Brockbank's perspective was from the viewpoint of a former developer. Johnny Loumis, Jr. , however, is concerned about the property because he lives here. Commissioner Brockbank stated that the typical developer is looking at the bottom line. He agreed that the City should offer an incentive for more than one-acre lots, however, the property must be unique enough to warrant increased density. He did not agree that a developer won't put out money for a plan. He had less trust in developers than most since he understands they are looking to make as much profit as possible. Brad Peterson ultimately wants what is most defensible by the City and what is easiest for the City to enforce and defend. Bruce Kartchner appreciated the Planning Commission taking the time to meet and discuss the issue. 8. Adjournment of Joint City Council and Planning Commission Meeting. The meeting adjourned at 9:11 p.m. CONTINUATION OF BLUFFDALE CITY COUNCIL BUSINESS MEETING 9. Mayor's Report. Mayor Timothy reported that the annual Legislative Roundup begins on Saturday, January 31 at the Jordan Valley Hospital. The Mayor indicated that he completed his term on COG and is no longer the President. Over the past two years he leamed a great deal as the President of COG and COM. He would, however, continue to serve on the Executive Committee. With regard to the letter to Loumis Village, Mr. Pickell recommended the City retain the utilities because they existed previously. The draft letter would be sent to the City Council for review and feedback. Mayor Timothy stated that Greg CU1iis has been active and in discussions with UDOT about the exchange of Porter Rockwell Boulevard and 14600 South. He believed that the difficulties could be 9 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14,2015 overcome. It will, however, require funding. He expected it to be a difficult agreement but important since it will deal with the funding of the bridge. He felt it would be difficult to get money from the Legislature if there isn' t a future clause specifying that it will be a future state road. The problem is that by state statute, Porter Rockwell Boulevard and 14600 South cannot both be state roads because of their proximity to one another. As a result, the City would have to make an exchange in order for Porter Rockwell Boulevard to be designated as a state road. The issue was that the City would not want 14600 South included in the exchange because it could cost more than Porter Rockwell Boulevard. The assumption was that the City will continue to get funding and build a bridge and road and then make the exchange. Typically when there is an exchange they flip flop 10 years of maintenance and operation on the roads. His problem was that the City should not be penalized for contributing a brand new road that they should have built. The Mayor wanted the equation to be that they give the City the money to widen the road and bring it to City standards with only the road in exchange. He stated that the City would in essence be giving them a gift that will cost a lot less than if they were buying commercial property rather than agricultural property. The Mayor explained that there are also access issues that the City doesn't want to deal with. With regard to CDBG funds, it was noted that they are the hard costs. Mayor Timothy stated that he was satisfied with how the County is doing it. He explained that the hard costs equate to about $1.5 million per year in CDBG funding. It is then allocated through the cities who allocate the monies based on their policies. He noted that CDBG funds have been depleted in recent years. HUD makes the County Mayor the sole responsible person for how it is distributed. Technically he cannot certify how it is distributed in much detail because everyone is helping him. In addition, if all of the money is gathered and put toward bigger projects, the outcome is better than several small projects. Another factor was that under HUDs rules only 1 liz% can be held from one period to the next. If more than 1 Yz% is held, that overage is deducted the following year. There was no way the County can control that. It was reported that last year's allocation was approximately $22,000. Last year the proportionate share was given to Odyssey House and The Road Home. The remainder of the allocation for the last two years was used for a sidewalk project. The Mayor indicated that he spoke to Alternate Planning Commission Member, Von Brockbank, about whether he was satisfied with remaining the alternate making and the new member permanent. Commissioner Brockbank liked that idea. The reason for this proposal is because Commissioner Brockbank serves long periods of time for his church and it is a better fit for him to serve as the alternate. His service on the Commission is very valuable, he is good at it, and he offers a unique perspective. 10. City Manager's Report and Discussion. 10 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14, 2015 Mr. Reid reported that the Arena Committee has met and is ongoing. At their most recent meeting they had a discussion with a Fortune 50 company who requested proposals from three cities, Bluffdale, South Jordan, and West Jordan to look to build a data center. He, Bruce Kartchner, and Grant Crowell, made a presentation to show the benefits of the area south of Parry Farms to be developed as a data center. Staker, the developer, in conjunction with McDougal has tried to attract this particular data center. Timing issues were discussed. Bruce Kartchner stated that a change to the zoning would be required. It was noted that currently it is in a green belt tax zone. Mr. Reid reported that VECC has hired a consultant to look at the dispatch centers going onto the same platform. That is underway now and should be resolved in the next few months. Salt Lake City, Sandy, UPD and VECC have all agreed that they should be on the same platform. He explained that Bluffdale is part ofVECC through the fire dispatch but not through police. He was hopeful that they will set aside some money to allow the City to convert in one or two years for police. With regard to the Day property, the school district purchased 47 acres in the westernmost part of Independence in the Hidden Valley area. Dave Tolman's group controls most of the land outside of the school district. It was noted that the portion to the south of the power corridor is not owned by DAI who has made a pitch to purchase it from Dave Tolman's group. They are under contract and are performing their due diligence. If they are satisfied, DAI could become the owner of the Day property. That being the case, Heather Pehrson suggested possibly revising the shooting issue. Mr. Reid reported that staff has begun looking at police vehicles. The hope for the next year is to replace the Tahoe and the Ford Explorer Sport that was formerly the fire vehicle that Shane now drives. Before the City establishes its own police force, the desire was to look at purchasing old vehicles, purchase semi-used vehicles, and lease some vehicles. This has all been done. Staff is now looking to lease at least two vehicles consisting of either F-150s or Dodge Ram 1500s to serve as the vehicle enforcement vehicle and the precinct commander's vehicle. They also received a request from the Police Department to add an additional patrol officer. Currently they are patrolling with only four officers and have asked for a fifth. Mr. Reid reported that the new contract includes the additional officer and is approximately $130,000 more than the prior year. The new contract also includes the precinct commander becoming a sergeant instead of a corporal. The change would be effective July 1, 2015. Mr. Reid stated that $50,000 was set aside to help prepare the City to have its own police force. He suggested the vehicles be purchased so that they are ready to go by July 1, 2015. The additional investigator has reduced the number of cases. They have also added a reserve officer and are close to needing a second reserve officer. An additional patrol officer is needed because currently Shane is required to serve as the backup officer one or two days per week and it is very difficult for the commander to be a backup patrolman. It was suggested that an afternoon shift be added Tuesday through Friday. 11 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14,2015 Bruce Kartchner asked how far the City is from having its own police force. Mr. Reid stated that that depends on the model being looked at. Shane's model includes 15 sworn officers. Mr. Reid's original model was 13 sworn officers. With the additional proposed officers, they will be at 8 or 9. Mr. Reid reported on City Hall and stated that staff met with George K. Baum about the different options to finance a City Hall. The option he was leaning toward included a general obligation bond, which would raise property taxes. Another option was the ability to pledge sales or franchise taxes to bond for it. The method discussed previously is called a building authority. They have looked at putting that together. The building authority would involve the City Council taking on a different role. Instead of the RDA Board or the City Council they would be the Building Authority Board. Under that scenario, Matt Dugdale came up with a unique funding source he would like to apply for. He noted that the application is due the first of February through the Community Impact Board (CIB) who has funding available at 2.5%. Mr. Reid hoped to apply and lock in the rate. Bruce Kartchner suggested staff also begin on the planning to get the building built. Mr. Reid responded that he was putting together a budget adjustment to allocate funds to begin the process of hiring an architect and constructing the building. They will put out an RFP moving forward on the assumption that the City plans to construct a City Hall. He noted that they have a good idea of where it will be built. Mr. Crowell informed the Council that staff will begin the Complete Streets Workshop Training during the February 4, 20 15, Planning Commission Meeting. He asked that at least two Council Members join the discussion which would be led by the Wasatch Front Regional Council. Mr. Crowell stated that recently a change was made to address the frontage requirements in the I-1 Industrial Zone to allow people to split their property differently and to address existing non- conformities. Applicants recently came forward to look at developing an existing project near Center Point. At that time, staff discovered that another piece of the I -1 ordinance doesn't fit in tenns of how they have done site planning for setbacks with interior roads. He asked the Council if they would be amenable to making a minor clarification to how they address setbacks on site plans in the I -1 Zone and tailor it to one they have actually done. Mr. Reid reported that a CERT class will begin next month. Those interested were encouraged to sign up. He also noted that there is a part-time opening in the Building Depatiment for someone to work at the front desk. He invited those with secretarial/communication skills to apply. Mr. Crowell stated that the desired hours would be 12:00 p.m. to 5:00p.m. five days per week. The pay range would be $ 12 to $14 per hour. City Recorder, Teddie Bell, reported that 16 City Recorders met with Salt Lake County the previous week to discuss the upcoming 2015 municipal elections. This year, the County is offering only two options. The first is vote by mail and the second involves consolidating polls with one polling location for every 4,000 registered voters. It was noted that Bluffdale currently has 4,054 registered voters. A handout was distributed detailing the scope of what the County is proposing along with 12 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14, 2015 the estimated cost. The worst case estimate of what they would charge for the election was discussed. In 2013, the worst case was $ 15,245.10 and the City actually paid $4,390.45. The reason was that they didn' t have a primary and only a general election. The other factor was that the Jordan School District included their bond election on the ballot but they paid their share of the cost for the election, which reduced the cost. Mr. Reid felt that because the City exceeds the threshold they should get two locations. Mrs. Bell's understanding, however, was that there would be only one polling location. She stated that by the end of February the City needs to decide on one ofthe two options. Ifthe Council would like the County could make a presentation on Vote by Mail to the Council. The pros and cons were discussed. Bruce Kartchner was concerned about what can happen to ballots after they are mailed. Heather Pehrson, however, had heard that with Vote by Mail the turnout is much higher. The matter was to be put on a future agenda for a vote. PLANNING SESSION 11. Planning Session. Mayor Timothy offered to get an appointment to have the City Council tour the new Sewer District Administration Building. He felt that doing so now would be meaningless since it is not yet completed and not much is there now. He informed the Sewer District that the Council will, however, eventually desire a tour. Heather Pehrson asked for an update on the Electric Sign Ordinance staff plans to bring back to the Council. Mayor Timothy explained that because there is no ordinance dealing with LED signs and because Bluffdale Elementary has installed one, he spoke to Principal Eagen about it. He suggested they be reasonable in terms of hours of operation and the brightness of the sign. He also desired feedback to assist the City in drafting the ordinance. Bruce Kartclmer asked if electric signs should be banned until an ordinance is in place. Heather Pehrson thought it should depend on what part of the City they are proposed in. She was concerned about the location of the existing sign since it is in a residential area. Mr. Crowell suggested they first address LED brightness. Heather Pehrson addressed parks and stated that the RFP included sending survey to 2,000 residents. Using the newsletter mailing list there were about 2,500 residences. There was discussion about the political and financial cost of sending it to 2,500 addresses versus every residence. She fe lt it was important to send the survey to every residence in the City. The cost would be an additional $2,750 to send it to the additional 500 people. The cost also includes the analysis of the data. Bruce Kartclmer was concerned that the effort is becoming more expensive. Mayor Timothy stated that the biggest complaint he received about the County Park was that many didn' t receive a survey. 13 BLUFFDALE CITY COUNCIL AND BLUFFDALE CITY PLANNING COMMISSION JOINT MEETING MINUTES Wednesday, January 14,2015 Mr. Reid fe lt it should go to everyone in the City but thought the cost was high. Ways to reduce the cost were to be researched further. Heather Pehrson reported that she went to LPC and discovered that Dan Mackay is insistent on pushing a piece of legislation that will create a state-wide policy for police body cams. She noted that police chiefs are very opposed to it and have stated that if the legislation passes they will stop using body cams altogether. She suggested that those with concerns discuss them with Representative Mackay and let him know that Bluffdale is comfortable with the cun·ent policy. Gas tax issues were discussed. Mayor Timothy stated that distribution was the most challenging part. All agree that it needs to happen but have different reasons for supporting it. Bruce Kattchner observed that the City has several signs that detect speed which fl ashes on the sign. There is one such sign northbound on 3600 West that has been out of service for a while. Public Works Operations Manager, Blain Dietrich, stated that the solar panel is broken. Staff agreed to have the sign repaired. It seemed to the Mayor that that specific sign had been problematic and he wondered if it would be more cost effective to purchase a new sign with fewer features to break down. It was reported that new signs cost $3,500. 12. Closed Meeting Pursuant to Utah Code §52-4-205(1) to Discuss the Character, Professional Competence, or Health of an Individual, Collective Bargaining, Pending or Imminent Litigation, Strategies to Discuss Real Property Acquisition, Including Any Form of a Water Right or Water Shares, Security Issues, or any Alleged Criminal Misconduct. There was no closed meeting. 13. Adjournment. The City Council Meeting adjourned at 10:20 p.m. City Recorder: Approved: February 1 L 2015 Approved by the Planning Commission : March 18, 20 15 14

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