AMENDED City Council Meeting - ARCHIVED

SOUTH JORDAN CITY CITY COUNCIL MEETING October 17, 2023 Present: Mayor Dawn R. Ramsey, Council Member Patrick Harris, Council Member Tamara Zander, Council Member Brad Marlor, Council Member Don Shelton, Council Member Jason McGuire, City Manager Dustin Lewis, Assistant City Manager Jason Rasmussen, City Attorney Ryan Loose, Director of Commerce Brian Preece, Director of Strategy & Budget Don Tingey, Fire Chief Chris Dawson, Director of Administrative Services Melinda Seager, Director of Public Works Raymond Garrison, Director of Recreation Janell Payne, CFO Sunil Naidu, Director of Planning Steven Schaefermeyer, City Engineer Brad Klavano, Police Chief Jeff Carr, Communications Manager Rachael Van Cleave, GIS Coordinator Matt Jarman, Senior Systems Administrator Phill Brown, IT Director Jon Day, City Recorder Anna Crookston, Meeting Transcriptionist Diana Baun, Planning Commissioner Laurel Bevans, Long Range Planning Analyst David Mann Absent: Others: Susanna Bruening, Travis Ferrin, Alicia Fairbourne, Ray Loo, Lephidar Leo, Brandon Crookston, Audrey Cullimore, Denise Woods, David Cannen, Kathie Johnson, Sam Bishop, Bryce Wilcox, Amanda Covington 6:40 P.M. REGULAR MEETING A. Welcome, Roll Call, and Introduction to Electronic Meeting - By Mayor Dawn Ramsey Mayor Ramsey welcomed everyone and introduced the meeting. B. Invocation – By Director od Strategy & Budget Don Tingey Director Tingey offered the invocation. C. Pledge of Allegiance – Director of City Commerce Brian Preece Director Preece led the audience in the Pledge of Allegiance. D. Minute Approval D.1. September 19, 2023 City Council Study Meeting D.2. September 19, 2023 Combined City Council & Redevelopment Agency Meeting South Jordan City 2 City Council Meeting October 17, 2023 D.3. October 3, 2023 City Council Study Meeting D.4. October 3, 2023 Combined City Council & Redevelopment Agency Meeting D.5. October 10, 2023 City Council Special Meeting Council Member McGuire motioned to approve the following minutes: - September 19, 2023 City Council Study Meeting - September 19, 2023 Combined City Council & Redevelopment Agency Meeting - October 3, 2023 City Council Study Meeting - October 3, 2023 Combined City Council & Redevelopment Agency Meeting - October 10, 2023 City Council Special Meeting Council Member Marlor seconded the motion; vote was unanimous in favor. Council Member Harris motioned to amend the agenda to switch Items H.1. and H.2. in order, as well as appoint Council Member Marlor as Mayor Pro Tempore when Mayor Ramsey has to leave the meeting tonight. Council Member Zander seconded the motion; vote was unanimous in favor. E. Mayor and Council Reports Council Member Jason McGuire - Attended the Special City Council Meeting on October 10. - Arts Council had a meeting where they started looking at the budget for the next fiscal year. - Was unable to attend, but shared about the Dueling Pianos Event hosted by the Arts Council. - LPC. Council Member Tamara Zander - In addition to the events mentioned by Council Member McGuire, she attended a dinner at Council Member Shelton’s home with the mayor, council and chiefs of staff. - Yesterday attended the South Valley Mosquito Abatement District Board Meeting. Last month a new manager was installed, and things are going well. Council Member Brad Marlor - Architectural Review Committee Meeting on October 11, with only one item on the agenda for a law firm. - Closed meeting previously mentioned. - Ribbon cutting for the Western States Corporate Office Grand Opening down on the river front. - Dinner at the Shelton’s as well. - Talked about his son Remington’s large pumpkins, weighing in at over 100 pounds. South Jordan City 3 City Council Meeting October 17, 2023 Council Member Patrick Harris - Attended the dinner at the Shelton home. - Special work session with the rest of the council. - Met with a developer looking at potentially developing in District 1. - Trunk or Treat at the Taekwondo Dojo. Council Member Don Shelton - Traveled up Big Cottonwood Canyon, saw the eclipse. - Judged a lip sync competition at the Sagewood Retirement Community, which was held to raise money for the Alzheimer’s Association. - Zion’s Bank 150 year anniversary at the local branch. - Jordan River Commission. - Discussed legislation around modifying zones to include riparian areas. - Association of Municipal Councils, LPC, and other meetings already mentioned by other council members. Mayor Dawn Ramsey - Attended the dinner at the Shelton home. - South Valley Chamber’s Congressional Event, meeting with some of our congressional delegation. - Zion’s Bank 150th Anniversary. - Western States ribbon cutting. - Joint Policy Advisory Committee - Major Brent Taylor Foundation Board Meeting, asked by the foundation if the city was still interested in hosting one of the future 9/11 events. - Jordan Valley Water Conservancy District, many good things happening there. - League Board Meetings. - She is no longer on the official executive committee for the League of Cities and Towns. However, due to her ex-officio role representing the UEOC on the board she still goes with the executive committee to meet with anyone at the legislature, governor’s office, etc. - Live podcast on LinkedIn. - Met with several different organizations. - Utah Aerospace and Defense Launch Kickoff for the rebranding of G-47, the future of Utah’s Aerospace and Defense. - With so many other things happening in our city in the near future, she made the decision to not go on the trade mission with the state to Ukraine. She had already committed to some future events here in the city and she does not want to miss those. - Many meetings with staff, with lots of good work going on. South Jordan City 4 City Council Meeting October 17, 2023 F. Public Comment Mayor Ramsey opened the public comment portion of the meeting. Ray Loo (Resident) – Provided paperwork to the council (Attachment A). I am here representing Cherry Grove Housing, LLC, located here in the City of South Jordan. The title of my memo is “Violations of my Fifth Amendment and Fourteenth Amendment Rights in an ADU case.” I bought the property in 2020 at 2532 W. Cherry Grove Way, South Jordan, and since then I have a short time and longtime rental business going on without having any problems or issues, my neighbors were okay, I never had any issues at all. This year in July, I was notified by the code compliance department about permits and plans being required, a valid building permit must be obtained for construction work completed on the property, including the accessory structure which is in the back; that it was unlawful to engage in any business without a license. According to state law and county law this petition is unlawful because I am not mandated to have a license within the city because of the housing crisis and the state law commands that. I met with Inspector Audrey Cullimore in July and she informed me that I have to apply for a permit application in order to keep the detached ADU, which I bought in 2020. Everything with the ADU on the back of my property was there at the time when I bought the property. I informed her about this and she told me that she is unaware of that. I told her I was aware of a permit application from the previous owner in 1997, and she told me she was unaware of that, but very condescendingly told me that if I liked, I could apply for a GRAMA record in regards to that. After I had been provided with a document, she told me that even though there was a permit, I have to apply for two permits; for a detached ADU and a building permission, even though I bought the property the way it was with the detached structure in place already. I told her that because of my lack of knowledge on this and because I didn’t want to have any legal contingencies within the City of South Jordan, where I reside, I asked her how I could get into compliance. She practically forced me to apply for permits that she knew, because of the outdated zoning ordinance, would be rejected. Before I went into the application process I mentioned to her whether I could go for the variance, because I knew this was going to be rejected and the variance would be my best option at the time. She told me no, you have to start from the beginning, applying for a building permit, an ADU permit, and we will see after that. She told me in a meeting that she was going to be flexible and work things out with me. After applying for my permits I was notified that they cannot grant the permits because of the outdated ordinances that are in place here. Again, as state and county law command, the creation of ADUs in the whole State of Utah are allowed in order to help mitigate the housing crisis. There is a list of cities that, at this moment, are updating their ordinances in an effort to get in compliance, and those are Salt Lake, Lehi, Cottonwood Heights, and the list goes on. I tried to follow the recommendations, and at some point she told me she doesn’t have anything else to talk with me about, and if I like I can communicate with the zoning and planning department to get my case addressed. I have been in contact with Greg Schindler through two phone calls, informing him about the state and county law. He told me that he is unaware as well about this new state and county law, and that if I like I can send him information about that. I sent him the information, and after that he never replied back to my emails, phone calls or voicemails. I got in contact with David Mann in the planning department and he told me they are going to have a meeting on October 3, in which they are going to try to update the ordinance in an effort to get in compliance South Jordan City 5 City Council Meeting October 17, 2023 with the state law. He told me that I should be aware that there are more red flags, or properties in the same situation, within the State of Utah. I told him I have to get in compliance and he told me that I shouldn’t be worried because they are going to close my case. On October 4, I received a letter from Inspector Cullimore saying that my four options are to destroy, remove, uninstall or start legal action against the city. I got in contact again with Mr. Mann and I expressed to him what happened, I was told the same thing and said that he never told me that my case would be closed or something like that. At this very moment I feel like my rights were violated, I feel like there is a discrimination case here because there is more properties within the area that have the same issue and have detached structures, including my neighbor, but they are using them as a scapegoat in order to make this outdated ordinance be fully enforced. I am coming to you today, in an effort to express to you that I didn’t make the mistake to come to this meeting without talking with a lawyer before, I talked already with six different lawyers and each of them are interested and willing to take my case. However, I felt that I should come today and talk with the city council about my case, in order for you to take serious consideration of my case and behave according to law. I have a deadline of tomorrow to get into compliance, so I don’t know if you guys can grant me an extension, or what the process would be until you can work with me to resolve this situation, but this is what’s going on right now. Mayor Ramsey thanked Mr. Loo and noted that they will read through the information presented in Attachment A. He will either hear back from the City Manager or the City Attorney if he is working with legal counsel. City Manager Dustin Lewis noted that since Mr. Loo is working with an attorney, it would be in the best interest of the city to have the city attorney’s office reach out and make contact. City Attorney Ryan Loose told Mr. Loo to provide his attorney’s information and his office would get in contact with that lawyer. Mr. Loo asked about an extension or the deadline that is coming due tomorrow. Mayor Ramsey responded that is not something that can be done during public comment, and it’s not an agenda item. She asked him to give his information to Attorney Loose and his office will be in contact with Mr. Loo’s attorney. Mayor Ramsey closed the public comment portion of the meeting. G. Presentation Item G.1. Recognition of City Recorder, Anna Crookston, for obtaining the Certified Municipal Clerk (CMC) Certification and UMCA State Certification. (By UMCA Board Members) Alicia Fairbourne and Denise Woods recognized and presented Anna Crookston with her certifications. South Jordan City 6 City Council Meeting October 17, 2023 H. Action Items H.1. Resolution R2023-47, Authorizing a purchasing policy exemption for the procurement of a city contract for water sampling testing for the Pure SoJo project without competitive bidding. (By Director of Public Works Raymond Garrison) **Continued to Item H.2. first, as amended previously in the meeting** Director of Public Works Raymond Garrison reviewed background information from the Council Report. Council Member Shelton asked what the downsides would be of an open bid process. Director Garrison responded that staff looked into that with a lot of discussions on how this could be bid. There are many difficulties with bidding this out because of the wide range of samples required, and the fact that not one lab can do all of them at once. They also want to make sure the lab has the credentials to do the samples with experience on projects similar to ours. They also have to ensure that the Division of Drinking Water is okay with the labs selected. Council Member Shelton motioned to approve Resolution R2023-47, Authorizing a purchasing policy exemption for the procurement of a city contract for water sampling testing for the Pure SoJo project without competitive bidding. Council Member Zander seconded the motion. Roll Call Vote Yes – Council Member Shelton Yes – Council Member Zander Yes – Council Member McGuire Yes – Mayor Pro Tempore Marlor Yes – Council Member Harris Motion passes 5-0, vote in favor. H.2. Resolution R2023-53, Authorizing the Mayor to sign an agreement with the various Daybreak Corporations for the Third Amendment to the Master Development Agreement for the Kennecott Master Subdivision #1 Project. (By City Attorney Ryan Loose) City Attorney Ryan Loose reviewed background information from the Council Report. Council Member Zander motioned to approve Resolution R2023-53, Authorizing the Mayor to sign an agreement with the various Daybreak Corporations for the Third Amendment to the Master Development Agreement for the Kennecott Master Subdivision #1 Project, as amended by City Attorney Ryan Loose. Council Member McGuire seconded the motion. South Jordan City 7 City Council Meeting October 17, 2023 Roll Call Vote Yes – Council Member Zander Yes – Council Member McGuire Yes – Council Member Harris Yes – Council Member Marlor Yes – Council Member Shelton Motion Passes 5-0, vote in favor. Mayor Ramsey left the meeting and Brad Marlor stepped in as Mayor Pro Tempore as voted on previously in the meeting. The meeting continued with Item H.1. I. Public Hearing Items I.1. Resolution R2023-49, Approving the 2022 Consolidated Annual Performance and Evaluation Report and authorizing submittal to the U.S. Department of Housing and Urban Development and Community Needs Hearing for the 2024-25 Program Year. (By Long Range Planning Analyst David Mann) Long Range Planning Analyst David Mann reviewed background information from the Council Report and his prepared presentation (Attachment B). Mayor Pro Tempore Marlor opened the public hearing for comments. There were no comments and the hearing was closed. Council Member Harris motioned to approve Resolution R2023-49, Approving the 2022 Consolidated Annual Performance and Evaluation Report and authorizing submittal to the U.S. Department of Housing and Urban Development and Community Needs Hearing for the 2024-25 Program Year, along with opening an additional public hearing in February of 2024. Council Member McGuire seconded the motion. Council Member Shelton asked about the ADA ramps and reasons for not doing any this year. Planner Mann responded that he believes staff was more focused on completing the Yorkshire project, since it has been on the books since 2020. He did receive an inquiry from the city’s engineering department, checking in on how much funding was left for the ADA ramps and an update was given to them at that time. Council Member Shelton noted that he saw something in the report about senior services and housing, and asked if any of these funds can be used for anything related to that. South Jordan City 8 City Council Meeting October 17, 2023 Planner Mann responded that a few years ago when upgrades were being considered for the current senior center, they looked at using CDBG funding. They then discovered that if the building was used for anything else that didn’t qualify for CDBG funding it would have to be repaid to HUD. Council Member Shelton asked if any of these funds could be used for the new senior center that has been announced. Planner Mann responded that can be looked at and discussed in the future. Council Member Shelton asked if city staff is being used for installation of the ADA ramps versus contracting it out. Planner Mann responded that typically that is contracted out. Roll Call Vote Yes – Council Member Harris Yes – Council Member McGuire Yes – Mayor Pro Tempore Marlor Yes – Council Member Shelton Yes – Council Member Zander Motion passes 5-0, vote in favor. I.2. Zoning Ordinance 2023-04-Z, Rezoning property located at 11050 S. Bangerter Highway from A-1 Agricultural Zone to the OS-P Park Open Space Subdistrict Zone. (By Director of Planning Steven Schaefermeyer) Director of Planning Steven Schaefermeyer reviewed background information from the most recently published Council Report (Attachment D) and his prepared presentation (Attachment C). Mayor Pro Tempore Marlor opened the public hearing for comments. There were no comments and the hearing was closed. Council Member McGuire motioned to approve Zoning Ordinance 2023-04-A, Rezoning property located at 11050 S. Bangerter Highway from A-1 Agricultural Zone to the OS-P Park Open Space Subdistrict Zone. Council Member Shelton seconded the motion. Council Member Zander asked about the High Pointe Park Pavilion, and whether it was an HOA Park. Director of Engineering Brad Klavano responded that it is a city park. South Jordan City 9 City Council Meeting October 17, 2023 Council Member Zander asked about the Welby High Pointe Trail System, who maintains that trail. Director Klavano responded that the city does. Mayor Pro Tempore Marlor asked about lighting, and if this was solely intended for use during daytime hours. Staff responded that it is intended solely for use during the daytime hours. Roll Call Vote Yes – Council Member McGuire Yes – Council Member Shelton Yes – Council Member Harris Yes – Council Member Zander Yes – Mayor Pro Tempore Marlor Motion passes 5-0, vote in favor. J. Staff Reports and Calendaring Items Council and staff discussed event on Thursday and the meeting time. Council Member McGuire motioned to adjourn the City Council Meeting. Council Member Zander seconded the motion; vote was 5-0 unanimous in favor. ADJOURNMENT The October 17, 2023 City Council Meeting adjourned at 7:53 p.m. This is a true and correct copy of the October 17, 2023 City Council Meeting Minutes, which were approved on November 7, 2023. South Jordan City Recorder Attachment A  Attachment B 2022-23 Annual Accomplishment Report and Community Needs Hearing Community Development Block Grant October 17, 2023 David Mann, CDBG Coordinator What are CDBG Funds? CDBG = Community Development Block Grant CDBG-CV = funding for CDBG activities that prepare, prevent, and respond to the coronavirus Through the US Dept. of Housing and Urban Development (HUD) Must be used for eligible CDBG activities that benefit low- and moderate-income (LMI) persons "To develop viable LMI = annual income ~ $82K for a household of 4 urban communities by Presumed LMI = seniors, persons experiencing providing decent housing and a suitable living environment, abuse, disabled adults, homeless persons, and by expanding illiterate adults, persons living with AIDS, and economic opportunities, principally for low- and migrant farmworkers moderate-income persons." 2020-24 Con Plan Goals Correct accessibility deficiencies Increase access to affordable housing Maintain existing housing Improve senior facilities and services Provide improvements in deficient neighborhoods Support services for vulnerable populations Support mental health programs and resources Support training, prevention, and education programs Support COVID-19 response efforts as needed 2022-23 AAP Goals Correct accessibility deficiencies Increase access to affordable housing Maintain existing housing Improve senior facilities and services Provide improvements in deficient neighborhoods Support services for vulnerable populations Support mental health programs and resources Support training, prevention, and education programs Support COVID-19 response efforts as needed ADA Ramp Project Map Yorkshire Drive Sidewalk Installed sidewalk, consolidated 2 school crossings into 1, and relocated existing fencing and utilities. 2022 SUCCESSES Need Help Now? Next Steps Open public hearing for comment on the CAPER needs for the upcoming 2023-24 program year Continue public comment through November 20 (30-day period) Anyone can submit a comment via email, mail, or phone to the CDBG Coordinator Submit final CAPER to HUD HUD reviews and approves the CAPER. They may request revisions RUSHTON BIKE PARK REZONE 11050 S. Bangerter Hwy  Attachment C 10/23/2023 2  Site Plan Oceano Dune Ct High Pointe Park Pavilion 10/23/2023 3  Existing Site Conditions 10/23/2023 4 Attachment D