City Council

South Salt Lake City Council AMENDED REGULAR MEETING AGENDA Public notice is hereby given that the South Salt Lake City Council will hold a Regular Meeting on Wednesday, December 13, 2023, in the City Council Chambers, 220 East Morris Avenue, Suite 200, commencing at 7:00 p.m., or as soon thereafter as possible. To watch the meeting live click the link below to join: https://zoom.us/j/93438486912 Watch recorded City Council meetings at: youtube.com/@SouthSaltLakeCity Conducting Natalie Pinkney, At-Large Council Chair Sharla Bynum, District 3 Sergeant at Arms South Salt Lake PD Opening Ceremonies 1. Welcome/Introductions Natalie Pinkney, At-Large 2. Serious Moment of Reflection/ Pledge of Allegiance Paul Sanchez, District 5 Approval of Minutes October 25th, Work Meeting October 25th, Regular Meeting November 15th, Work Meeting November 15th, Regular Meeting No Action Comments 1. Scheduling City Recorder 2. Public Comments/Questions a. Response to Comments/Questions (at the discretion of the conducting Council Member) 3. Mayor Comments 4. City Attorney Comments 5. City Council Comments 6. Information a. Introduction & Update on South Salt Lake’s Yasmin Abbyad Emergency Management Activities Action Items Appointments by the Mayor 1. Brie Brass – Deputy City Attorney Mayor Wood Unfinished Business 1. 2024 Council Meeting Schedule Ariel Andrus See page two for continuation of Agenda South Salt Lake City Council Regular Meeting December 13, 2023 Page 2 New Business 1. A Resolution of the City Council of South Salt Lake Josh Collins City, Utah Appointing a New Trustee to the Board of Downtown East Streetcar Sewer Public Infrastructure District Motion for Closed Meeting Adjourn Posted December 12, 2023 Those needing auxiliary communicative aids or other services for this meeting should contact Ariel Andrus at 801-483-6019, giving at least 24 hours’ notice. In accordance with State Statute and Council Policy, one or more Council Members may be connected electronically. Public Comments/Question Policy Time is made available for anyone in the audience to address the Council and/or Mayor concerning matters pertaining to City business. When a member of the audience addresses the Council and/or Mayor, they will come to the podium and state their name and City they reside. The Public will be asked to limit their remarks/questions to three (3) minutes each. The conducting Council Member shall have discretion as to who will respond to a comment/question. In all cases the criteria for response will be that comments/questions must be pertinent to City business, that there are no argumentative questions and no personal attacks. Some comments/questions may have to wait for a response until the next regular council meeting. The conducting Council Member will inform a citizen when they have used the allotted time. Grievances by City employees must be processed in accordance with adopted personnel rules. Have a question or concern? Call the connect line 801-464-6757 or email connect@sslc.gov  12 • 13 • 2023 Emergency Management Coordinator Yasmin Abbyad (Yes-MEEN)...............  2 Current Projects CEMP 1 3 COOPs Comprehensive Continuity of Emergency Operations Plan(s) Management Plan E.M. HMP 2 4 Volunteers Hazard Mitigation ● Community Emergency Plan Response Team (CERT) ● Ham Radio Group 3 Mitigation and Preparedness Activities Flooding Cyberattacks Earthquake 4 Make A Plan Ready.gov 5 6 Thank you Yasmin Abbyad Phone: 801-464-6713 Email: Yabbyad@sslc.gov This presentation template was created by Slidesgo, including icons by Flaticon & infographics & images by Freepik Below is the schedule for the City Council meetings to be held in 2024. These dates have taken into consideration the meetings of the Utah League of Cities and Towns, Federal and State holidays, and City functions. CITY COUNCIL MEETING SCHEDULE FOR 2024 TO THE PUBLIC AND RESIDENTS OF THE CITY OF SOUTH SALT LAKE Public notice is hereby given that the City Council conducts its regular Council meetings at City Hall, 220 East Morris Avenue, Suite 200, on the second and fourth Wednesdays of each month (unless otherwise noted by an*), which meetings begin promptly at 7:00 p.m. Meeting dates are as follows: January 10 and 24 February 7 and 28* March 13 and 27 April 10 and 24 May 8 and 22 June 5 and 12** July 10 and 31*** August 14 and 28 September 11 and 25 October 9 and 23 November 13**** December 11***** *FEBRUARY – Valentine’s Day lands on Wednesday February 14. Change to the first the fourth Wednesdays. **JUNE – The Certified Tax rate must be adopted by June 22. Change meeting dates to the first and second Wednesdays. ***JULY – Pioneer Day lands on Wednesday, July 24th. Change to the second and fifth Wednesdays ****NOVEMBER – Adjust meeting dates to one meeting due to Thanksgiving. *****DECEMBER – Adjust meeting dates to one meeting due to the Holiday Season.  V. LOWRY SNOW 912 WEST 1600 SOUTH, SUITE B-200 CURTIS M JENSEN ST. GEORGE, UTAH 84770 LEWIS P. REECE J. GREGORY HARDMAN TELEPHONE (435) 628-3688 MATTHEW J. ENCE* FACSIMILE (435) 628-3275 CAMERON M. MORBY* E-MAIL: sjlaw@snowjensen.com JONATHAN P. WENTZ WEBSITE: www.snowjensen.com JEFF R. MILES SEAN J. ROMNEY OFFICES IN ST. GEORGE, CEDAR CITY AND KANAB DEVON J. HERRMANN VICTORIA CARLTON KATHRYN LUSTY J. TYLER KING* REBEKAH-ANNE S. DUNCAN *Licensed in Utah and Nevada December 4, 2023 Via email jcollins@sslc.gov U.S. Mail to follow Josh Collins, City Attorney City of South Salt Lake 220 East Morris Ave., 2nd Floor South Salt Lake, UT 84115 Re: Downtown East Streetcar Sewer Public Infrastructure District Request for Appointment of New Board Member by City Council Dear Josh: As you know, our firm represents Downtown East Streetcar Sewer Public Infrastructure District (the “PID”), located in South Salt Lake City. We are writing today to request the assistance of the City Council in appointing a new member to the PID’s Board of Trustees. The Board of the PID consists of eleven members, who were previously appointed by the City Council.1 Each of these individuals represents a different property owner involved in the initial creation of the PID. Recently Jeff Gochnour of Dakota Pacific, who was also serving as the PID Chair, began a three year mission for his church and had to resign from the Board. Jeff nominated as his successor Steve Borup, also employed by Dakota Pacific. In a meeting of the PID Board held on November 6, 2023, Mr. Borup was presented to the Board for their support as Mr. Gochnour’s replacement, and the quorum of the Board present voted unanimously to support Mr. Borup’s appointment, also indicating they would elect Mr. Borup to serve as Chair should he be appointed to the Board. 1 See Resolution No. 2022-06 of the South Salt Lake City Council, Section 3 (April 13, 2022). DESSPID Request to Appoint Board 120423 mje.docx Josh Collins, City Attorney South Salt Lake City December 4, 2023 Page 2 ____________________ We therefore present Steve Borup of Dakota Pacific to the City Council for formal appointment to serve as a member of the PID Board of Trustees. As Jeff Gochnour was appointed for an initial six- (6-) year term,2 Mr. Borup would serve for the remaining years of Jeff’s term. The Governing Document of the PID, which was previously approved by the City Council, provides that the eleven Trustees on the Board are to be appointed by the City Council pursuant to the PID Act, and that all seats will be at large.3 The Governing Document provides that “any mid-term vacancy on the Board shall be filled pursuant to the [Special] District Act.”4 That Act provides for the vacancy to be filled by resolution of the creating authority when it is an appointed position, and for a notice of vacancy to seek nominations to fill the vacancy.5 However, we do not believe that there are yet any registered voters residing in the boundaries of the PID that are eligible to serve on the Board, because none of the residential projects proposed in the PID boundary6 are yet complete.7 A non-resident of a PID may serve on the Board, but according to the PID Act, only if the person is “an owner of land or an agent or officer of the owner of land within the boundaries” of the PID, and “a registered voter at the individual’s primary residence.”8 Taking all of the above together, and given that there are no residents of which we are aware that are eligible to serve on the Board of the PID, the only persons eligible to serve on the Boards are owners of land in the PID, or agents or officers designed by the owners of land in the PID. Therefore, we also believe that a notice of vacancy is not necessary. That said, on this point we defer to how you choose to advise the City Council on this action. Regardless, the Board nominates and recommends Steve Borup to replace Jeff Gochnour and serve the remainder of Mr. Gochnour’s term on each Board. Mr. Borup is hereby designated as an agent of the property owners in the PID, and as noted above is supported by the PID Board, who themselves represent various property owners in the PID boundaries. He is also a registered voter at his place of residence, and is therefore eligible to serve on the Board as a non-resident. For the information of the City Council, Mr. Borup’s curriculum vitae is as follows:9 2 See Resolution No. 2022-06 of the South Salt Lake City Council, Section 3 (April 13, 2022). 3 See Governing Document for Downtown East Streetcar Sewer Public Infrastructure District, Subsection VI.A. (April 13, 2022). All Trustee seats are to eventually transition to elected seats based on the total number of registered voters residing in the PID boundaries; however, the triggers for transitioning to elected Trustees have not yet been reached for any of the seats. See id. at Subsection VI.B. 4 Utah Code Ann. Title 17B (formerly the Local District Act) (2023). 5 Id. at § 17B-1-304. 6 For avoidance of confusion, the PID boundary we are referring to here and which is relevant to the provisions of the Special District Act and PID Act is the actual boundary of the PID as established by recorded plat, not the Annexation Area boundary from which additional properties may be added to the PID in the future. 7 This assumption is based on information previously provided to us by the City’s Community Development Department for the PID’s most recent quarterly reports to bondholders, which says that building permits have been issued for certain multifamily projects, but none has yet been completed. Please let us know if this is incorrect. 8 Utah Code Ann. at § 17D-4-202 (3)(c). 9 Adapted from https://dakotapacific.com/real-estate/real-estate-team/steve-borup/ (retrieved December 4, 2023). Josh Collins, City Attorney South Salt Lake City December 4, 2023 Page 3 ____________________ Steve is the Director of Commercial Development at Dakota Pacific Real Estate (DPRE), where he takes projects from concept to closeout, excelling at turning early concepting into executable projects by fully capturing a vision and translating that into a project plan that mitigates risks, creates financial confidence, and generates investor returns. Prior to joining DPRE, Steve was the Director of Development for Outlaw Real Estate Partners focused on delivering master planned communities and multi- family projects in Bozeman, Montana. Notable projects while working in Bozeman include a 100+ acre agrihood master planned community and a mixed use retail/residential condos project. Steve also spent 8 years in JLL’s Project and Development Services group, where he led the Rocky Mountain Region team which project managed an annual spend of $200M+. While at JLL Steve delivered a variety of project types such as Life Sciences, Industrial, Critical Environments, Hospitality, Office, and Residential. Steve also spent time working in corporate real estate and the aerospace industry acting a project management office lead. Steve uniquely combines analytical expertise with creative solutioning to help make good decisions for DPRE. Steve earned a B.A. and M.A in Accounting from Brigham Young University. We appreciate the City Council’s timely action on this request, so that the Board can continue to fulfil its responsibilities to govern the PID. In the hope that we might assist you in presenting this appointment to the City Council, we have enclosed for your use a sample resolution that you may use or not, or modify as you see fit. Thank you and we hope that you will contact us at your earliest convenience if you have any questions about this request. Very truly yours, SNOW JENSEN & REECE Matthew J. Ence Enclosure cc: Downtown East Streetcar Sewer Public Infrastructure District