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OK. | 00:00:09 | |
All right. | 00:00:14 | |
Thanks for your patience. So welcome to the Holiday City Council meeting Thursday, March 7th. We'll call the meeting to order. | 00:00:16 | |
With the pledge, if everybody please stand. | 00:00:24 | |
I pledge allegiance to the flag. | 00:00:29 | |
Of the United States of America. | 00:00:34 | |
For which it stands one nation under God, indivisible, with liberty and justice for all. | 00:00:37 | |
OK. | 00:00:51 | |
We have one continued public hearing tonight, which is item number four on the creation of a public infrastructure district or | 00:00:54 | |
districts. | 00:00:58 | |
So if anybody is here to make public comment on the city action, Please wait till we get to item number 4. | 00:01:03 | |
If you are here, we have no other public hearings open right now and and they're not opening any tonight other than that continued | 00:01:12 | |
public hearing. So if you're here to address the council on any other issue, the public comment period right now is the time to do | 00:01:19 | |
that. We just ask that you approach the podium, give us your name and address and try to keep it to 3 minutes or less. | 00:01:26 | |
And Trudy, you're up. | 00:01:33 | |
Trudy always starts. She shows you how it's done. | 00:01:35 | |
Trudy from the library. We have a lot of things, so I'm only going to highlight a few. Starting on Monday, we are hosting a | 00:01:42 | |
program with the health department called Stepping On. It's a fall prevention program for older adults. They do have to register, | 00:01:48 | |
but you can get to that registration through our website. It's two hours per class and we've got two sessions. We've got a 10 AM | 00:01:53 | |
session and a 1:00 PM session, and it goes for seven weeks. | 00:01:59 | |
And it's it's a super helpful program. Also on Mondays, on the second Mondays of the month, we have game night. Board games are a | 00:02:06 | |
great way for kids to learn strategy and planning and social skills, and it's a great way to meet your fun neighbors that like to | 00:02:11 | |
play board games so you can come on in. It's from 5:00 to 8:00 and it's hosted with Derek McNab from Game Night Games. He's super, | 00:02:17 | |
he's super great and can teach you how to play anything. | 00:02:22 | |
Wednesday the 15th. Excuse me. Wednesday the 13th. I know what day that is. 7:00 PM We have slumber story time. Kids are invited | 00:02:29 | |
to wear their pajamas and do fun things there right before bedtime. | 00:02:34 | |
Monday, March 25th, we're going to be hosting a Red Cross blood drive from 1:00 to 7:00, So please sign up for a time, Come help | 00:02:40 | |
the community out. | 00:02:44 | |
And premiering this month, we have our Thrills and Chills Book club at 7:00 PM on Tuesday, March 26th. They read books that keep | 00:02:48 | |
you on the edge of your seat, and then they have really cool discussions about them. That's what we're planning. The book they're | 00:02:54 | |
reading this month is The House in the Pines by Anna Reyes. | 00:03:00 | |
And we have copies of the book at the library you can come check out. And those are just a few of the things that we're going to | 00:03:07 | |
be doing at the library. | 00:03:09 | |
Thanks for letting me talk. If you have questions, let me know. | 00:03:13 | |
Thanks, Trudy. Appreciate it. | 00:03:16 | |
Question for the City Council on topic number six. Do you want that to be addressed now or then? | 00:03:22 | |
Well, the public hearing on that is closed. So if you have comment you want to make, now would be the time, OK, I'm, I'm not a | 00:03:30 | |
member of the public, I'm a representative of the applicant. | 00:03:35 | |
I'll defer to Mr. Godfrey on this one. | 00:03:41 | |
Yeah. So now would be the time if you're going to do that. | 00:03:46 | |
So my colleague Scott Saby was here last time. And give us your name and address. My name is David Billings. I'm an attorney at | 00:03:54 | |
Fabian Van Cot. | 00:03:58 | |
The reason why I come here tonight is. | 00:04:06 | |
To bring something to to the city's attention that I think is. | 00:04:10 | |
Necessitated by the discussion about the proximity statute that is Utah, code 32B-1-2O2. | 00:04:18 | |
Support to a romanettes one and two. | 00:04:30 | |
And that is. | 00:04:34 | |
The overlay of that statute and the current zoning setup that the city has. | 00:04:37 | |
Right now. | 00:04:46 | |
If the application of the Korean Presbyterian Church of Utah is denied. | 00:04:48 | |
Would violate, in my view, the Religious Land Use and Institutionalized Person Act, also known as Arlupa, which is a federal | 00:04:54 | |
statute which preempts. | 00:05:01 | |
That state law statute and applies to municipalities like holiday. | 00:05:08 | |
And specifically. | 00:05:15 | |
The concern I have is a state law that's designed. | 00:05:17 | |
To benefit a religious institutions by keeping them away from. | 00:05:22 | |
Places serving alcohol. | 00:05:27 | |
Should not be used to harm churches by basically making it. | 00:05:29 | |
Difficult or impossible to locate in this city, and by by being a rationale to deny are the application. | 00:05:36 | |
And I also wanted to make sure the city is aware that. | 00:05:46 | |
The grounds for recommend recommending denial of the application as stated in the staff report that in the agenda. | 00:05:52 | |
Is essentially. | 00:06:02 | |
A potential future harm, A potential decrease in property value for C2 owners if they want to. | 00:06:05 | |
Have an alcohol distributing. | 00:06:14 | |
Establishment on their property. | 00:06:18 | |
But the case law and I can cite it to you if you wish, or I can provide it to the city attorney. | 00:06:21 | |
Clearly states that economic development. | 00:06:29 | |
Tax revenue and the like are not a compelling state interest that overrides. | 00:06:34 | |
The statute. | 00:06:41 | |
So. | 00:06:42 | |
And the other aspect here is the definition that the Church falls into includes. | 00:06:45 | |
Private, nonprofit, educational, religious, recreational, charitable, philanthropic institutions. | 00:06:53 | |
But. | 00:07:01 | |
The zoning as overlaid with that state statute, only applies to. | 00:07:05 | |
To private and public schools, churches, playgrounds and parks, so. | 00:07:15 | |
By definition. | 00:07:22 | |
The Church is going to be treated differently than all these other ones in. | 00:07:26 | |
This category. | 00:07:31 | |
Churches in general. | 00:07:33 | |
So because it applies to some but not all types of proper use. | 00:07:35 | |
That's pretty problematic in my view. | 00:07:39 | |
And. | 00:07:42 | |
States that governments are barred from imposing or implementing a land use regulation in a manner that treats a religious | 00:07:45 | |
assembly or institution on less than equal terms. | 00:07:50 | |
With a non religious assembly or institution. | 00:07:57 | |
So. | 00:08:01 | |
You know that that's the problem is because the city designed the zoning. | 00:08:05 | |
Have preexisting churches in P zones. | 00:08:10 | |
And not have conditional or permitted uses outside of those P zones. | 00:08:16 | |
It's essentially restricted churches to those locations and prefers existing churches over that were there at the time of | 00:08:20 | |
incorporation to churches that want to move into the area. | 00:08:27 | |
So that also might have issues with. | 00:08:34 | |
The Utah's version. | 00:08:39 | |
The Establishment Clause and the like. | 00:08:43 | |
So therefore. | 00:08:45 | |
What I would suggest is if the city is still not inclined to. | 00:08:48 | |
Grant the application as requested. | 00:08:54 | |
That it consider. | 00:08:57 | |
Changing the application. | 00:09:00 | |
To instead of. | 00:09:02 | |
Asking for AP to be put into that table. | 00:09:04 | |
To make it AC. | 00:09:07 | |
Meaning a conditional use. | 00:09:09 | |
Because that would be in conformity with. | 00:09:13 | |
I think we mentioned in the prior meetings. | 00:09:18 | |
Many, many, many other municipalities in this county that allow churches and commercial zones on a conditional use basis all over | 00:09:21 | |
the place. | 00:09:25 | |
And your zoning for alcohol establishments? | 00:09:30 | |
In C2 are also on a conditional use basis, so they be on. | 00:09:33 | |
Even bar, but I'm happy to answer any questions or talk to the city attorney separately however you guys. | 00:09:37 | |
I think we'll take this up as a discussion item prior to taking a motion on this. | 00:09:45 | |
Thank you. | 00:09:50 | |
Any other public comment? | 00:09:57 | |
All right. | 00:10:01 | |
There being none, we will close the public comment portion of on the agenda and we'll move to item number 4. | 00:10:02 | |
This is the continued public hearing regarding the creation of Public Infrastructure Districts at Royal Holiday Hills. This is an | 00:10:10 | |
item we discussed at the last council meeting. We kept the public hearing open because there was a lot of information that need to | 00:10:16 | |
be clarified prior to bringing it to a motion. I think the council is pretty up to speed on this, but for the record, I'd like to | 00:10:22 | |
be it on the record, be on the record. | 00:10:29 | |
At the last Council meeting. | 00:10:36 | |
And in our packet, we have a letter from our city manager Gina Chamness that identified a number of issues that she and and our | 00:10:38 | |
City Council had Council, Mr. Godfrey had regarding some of the items that were going to be included in the governing documents | 00:10:45 | |
for the PID. | 00:10:52 | |
Between that time and now, a lot of those items were sent via Red line have been resolved and my understanding is. | 00:11:00 | |
There's agreement that the governing documents now are acceptable to the city at this point. | 00:11:10 | |
So we've got that piece that seems to be in good order. | 00:11:18 | |
The issue that. | 00:11:22 | |
I would like to have clarified a little bit, at least from my standpoint has to do with the financial piece of this. | 00:11:25 | |
And in the governing documents, it references a ceiling of. | 00:11:35 | |
$80 million bonding capacity, they can. It's up to the city to decide what that ceiling is going to be and the documents that we | 00:11:39 | |
have, it takes that ceiling to $80 million. But the hard cost for the three parking decks, I think it's three parking decks that | 00:11:46 | |
are that are. | 00:11:52 | |
To be built with these funds. | 00:11:59 | |
Is just a little under $51 million. | 00:12:02 | |
And so it's just trying to get a comfort level on. | 00:12:05 | |
What is that extra $30 million for just so we feel like we've done our due diligence in terms of what we're going to going to | 00:12:12 | |
approve even though the city has no liability as it relates to the this bond issuance, it's with the developers and with in this | 00:12:18 | |
case the PID and the PID board. | 00:12:24 | |
So I don't know if there do we have Aaron on the line or? | 00:12:32 | |
I'm here, Mayor. Can you hear me? Yeah, we can hear you. | 00:12:39 | |
OK. So is that question go ahead. | 00:12:45 | |
I just said thank you for making this accommodation. I'm on route to the City Hall but I may not make it on time, so I appreciate | 00:12:50 | |
you guys letting me join. | 00:12:55 | |
And is Laura Lewis in the in the meeting as well? | 00:13:01 | |
No, she's not. | 00:13:06 | |
OK, OK. | 00:13:09 | |
So the one piece I wanted to, a couple of pieces I wanted to speak to on this front and I think. | 00:13:12 | |
The the main one. | 00:13:17 | |
You know there's always going to need to be a. | 00:13:20 | |
A greater borrowing than just the project. | 00:13:23 | |
You know the project cost to be funded by the bond. | 00:13:27 | |
And typically that's because there's going to be a reserve fund that gets funded with the bonds and generally that's 10% of what | 00:13:31 | |
you issue goes into a reserve fund to ensure you know debt service could be made in a in a bad year. | 00:13:38 | |
And then that the other piece is this project. | 00:13:47 | |
Deep time for the revenues to ramp up for you know, development to occur and for. | 00:13:51 | |
You know the assessor to assess the property and the district to levy the taxes and So what generally happens is. | 00:13:57 | |
The district will fund. | 00:14:04 | |
You know, a year or two years or so of capitalized interest. | 00:14:06 | |
And so that will make the first, say, two years of payments on the bond. | 00:14:10 | |
And they'll fund that up front. | 00:14:15 | |
And so in the models that bench Becker, who's the underwriter on this transaction provided? | 00:14:17 | |
You know, they did a scenario that I believe was a $56 million bond. | 00:14:24 | |
And that $56 million bond due to the 10% reserve, so five, you know $5.6 million. | 00:14:31 | |
And then capitalized interest, which I think was somewhere around $7,000,000. | 00:14:39 | |
The Ultimate Project proceeds was $42 million. | 00:14:44 | |
And so just to raise 42,000,000 for the garage. | 00:14:49 | |
They under that scenario had to issue $56,000,000 to bond. So that's the that's the primary reason. | 00:14:53 | |
And you know, the applicant can speak more to that, I would imagine. The other thing that we frequently see and the city. | 00:15:01 | |
Doesn't have to do, but like I said, we frequently see it. | 00:15:08 | |
Is some headroom. | 00:15:11 | |
You know, some contingency and just recognizing that. | 00:15:13 | |
Inflation that. | 00:15:17 | |
Happen and. | 00:15:18 | |
That we've just kind of been in a period of rapid inflation the last three years. | 00:15:20 | |
And so we've seen a number of projects that a city has approved a certain debt limit. | 00:15:25 | |
And the districts actually had to go back and request more because cost. | 00:15:30 | |
You know escalated on them and so. | 00:15:35 | |
That's another reason why they might be asking for more. Those are kind of the general reasons, but if you know if Benj is there | 00:15:38 | |
or someone from the project wanted to speak. | 00:15:42 | |
You know and I think you guys would be able to ask them any follow up questions that that you have and I'm happy to answer | 00:15:47 | |
anything as well. | 00:15:51 | |
OK, thank you. It looks like he is here so right. | 00:15:55 | |
Yeah, come on up. | 00:15:59 | |
I think and look, I think. | 00:16:01 | |
Conceptually, I think we all get it. | 00:16:04 | |
The hard cost, it's just it's just I would like to better understand like what the justification is for. | 00:16:08 | |
A 60% increase above the hard cost of the decks. Why can't that be? | 00:16:15 | |
Narrowed down a little bit and justified a little bit better in terms of those 3 variables which in the Piper Sandler documents | 00:16:21 | |
has. | 00:16:25 | |
Debt reserve fund, pardon me, capitalized interest, debt reserve and cost of issuance, I think we get all that. It would be nice | 00:16:29 | |
to have it be. | 00:16:34 | |
To have a little bit more detail other than just a statement about these, we need more money for these three things. | 00:16:41 | |
Does that make sense? Yeah. And my name is Benj Becker with Piper Sandler. I agree certainly with what Aaron Wade said. | 00:16:48 | |
A couple of considerations here. Certainly there's this first one that to create $50 million in usable revenue or usable proceeds. | 00:16:56 | |
You'll need a bond somewhere in the range of maybe 67 to 70 million because of these other costs. | 00:17:04 | |
You need three years set aside for capitalized interest to pay those bonds while the project doesn't have assessed values or | 00:17:10 | |
enough sufficient assessed values to pay those bonds. | 00:17:15 | |
So that's really the big hit. Bond buyers will require the 10%, roughly 10% of the par amount set aside for that debt reserve | 00:17:21 | |
fund. | 00:17:25 | |
So really there's just some parameters there for any bond issuance. And this is the same thing in your issuance of city bonds, you | 00:17:30 | |
have a reserve fund or a surplus fund. | 00:17:35 | |
And the other issue is just to provide some level of flexibility for increasing costs. | 00:17:40 | |
If we were to issue the bonds, maybe in two years from now maybe rates will be closer to six as opposed to seven in a in a non | 00:17:45 | |
rated bond. | 00:17:50 | |
Scenario there and you wouldn't want to be limited by the market because you've set this debt ceiling here that now you can | 00:17:55 | |
capitalize on that because you have better rates in the market and better terms you'd want to be able to to to take advantage of | 00:18:00 | |
that. | 00:18:04 | |
A key thing to remember too is that you can only issue debt on what can be used for public infrastructure. | 00:18:10 | |
So there isn't, you're not giving some sort of extra cushion there that the developer can then go use for other you know projects | 00:18:16 | |
or anything like that. You can only issue the amount of debt that is capped by the mill levy, whatever the mill levy and the tax | 00:18:21 | |
increment can generate. That's the that's the amount that you can. | 00:18:27 | |
You can issue. | 00:18:33 | |
And so when asking for the 80 when there's 50 million, it's just giving a little flexibility therefore because you need more than | 00:18:35 | |
50, right, as we talked about initially and then just for that flexibility that market conditions change. | 00:18:40 | |
Debt markets, I mean, if we were to. | 00:18:47 | |
In 2021, when you know the Fed Reserve was just print all, print all, print all. | 00:18:51 | |
You these bonds that go significantly further. | 00:18:58 | |
You have much lower interest rate, much lower coverage requirements. You could take that mill levy and probably drop it and get | 00:19:01 | |
the same amount of money as you would now today with the higher mill levy. So the point there is we want to be able to capitalize | 00:19:07 | |
if there are better markets in the future and not be limited by. | 00:19:12 | |
You know what the current market conditions are. | 00:19:19 | |
Only being able to limit. | 00:19:22 | |
To issue the amount of debt that can be reimbursed for public infrastructure. | 00:19:25 | |
So you can't. | 00:19:31 | |
There's no way you can put a number on the capitalized interest, the debt reserve and the cost of issuance. | 00:19:33 | |
You mean put a number on what we think of a beer? Yeah. | 00:19:41 | |
To issue the $50 million bond, well that will depend completely when it's issued what the market conditions are. If we were to | 00:19:47 | |
issue those today, certainly yes, they'd be higher numbers than what you're you're seeing here. | 00:19:52 | |
But it'll depend on when they issue the bonds. | 00:19:59 | |
Yeah, go ahead, Paul. That's just interesting from a. | 00:20:03 | |
Math standpoint that you can have a $50 million project. | 00:20:07 | |
But then you can issue bonds for up to 80 because you might have to capitalize some interest of the revenue catches up with it, | 00:20:12 | |
but then. | 00:20:16 | |
Taking on up to 80 million bucks in debt for a $50 million asset construct that this method is pencils out better than. | 00:20:21 | |
A bank loan, even though of the bank loans at a higher interest rate, perhaps more than likely. | 00:20:31 | |
You're still issuing it on a much bigger principle amount. | 00:20:37 | |
And so and then it's one thing to have, you know a larger balloon but but 60% larger that just seems. | 00:20:41 | |
That's big. I mean I was, I was thinking that balloon contingency that factors in what you're talking about would be closer to you | 00:20:51 | |
know 30 or 35 on the high end, but 60 just seems. | 00:20:57 | |
Wow, seems large, particularly given that the purpose of this whole thing is to access these, you know, quasi public bond markets | 00:21:03 | |
as opposed to bank financing. | 00:21:10 | |
Sure, they couldn't tell if Aaron was trying to say something there. | 00:21:16 | |
Yeah, I. | 00:21:22 | |
I think you've made a good point. The one thing I would just note for the council is this is a maximum number, but it's not. | 00:21:24 | |
Necessarily unexpected number and it's certainly not a mandate of. | 00:21:34 | |
After issue and so with you know and the other piece here where there's multiple districts is it's likely there'll be a phased | 00:21:41 | |
approach and and some of the bonds might not be issued. | 00:21:47 | |
You know I. | 00:21:53 | |
Or more. And so that might be part of it, but the, you know the district just because they have an 80 million authorization when | 00:21:56 | |
they are able to the market conditions at that time then that's when they would set their you know their par amounts. They | 00:22:02 | |
probably, you know the odds that they would issue right out of the gate an $80 million bond I think. | 00:22:09 | |
Are are are slim, but they would target their project amount at the time of issuance, so. | 00:22:17 | |
You know, Ben would do more justice than this, but they'd say, OK, we need 45,000,000. What do the other numbers look like to | 00:22:23 | |
deliver $45 million today or in today's mark? So I get it, it's an outer envelope number and we're confident that there won't be a | 00:22:30 | |
time when the PID board comes back needing to. | 00:22:36 | |
Extend that number to be something higher. Sure, Yeah, absolutely. As long and and you know, as long as it. | 00:22:43 | |
Falls under that 01/5. | 00:22:50 | |
Mill rate cap then you have you have room to do that and. | 00:22:53 | |
I just want to make sure we're thinking about this properly, because. | 00:22:59 | |
We don't have a lot. We don't have exposure here based on what we've been told from from legal counsel, it's going to be you | 00:23:03 | |
imposing the tax on yourself. | 00:23:07 | |
So why do we, as long as you stay under your cap? And I think it's important too to restate that my understanding inside the | 00:23:11 | |
governing documents, this money has to be used for a very specific use. It can't just be, well, we've got $80 million, let's Max | 00:23:18 | |
it out and then it has to be used for this infrastructure. So I don't know whether why we should, maybe one of the questions is | 00:23:25 | |
why should we be so concerned because you're going to be essentially taxing yourselves and eventually passing that. | 00:23:32 | |
Passing that burden on that expense on. | 00:23:40 | |
To the tenants if the market will allow it. | 00:23:43 | |
So I guess that's part of the piece of it, but I think it's important to have the conversation at least for me publicly that. | 00:23:47 | |
That there's an explanation for that delta between the 51 million and the 80 million that's being requested. | 00:23:52 | |
That's all I Amen. | 00:24:03 | |
Anything else for? | 00:24:07 | |
For Mr. Becker. | 00:24:09 | |
OK. Anything else there? OK, thank you. | 00:24:12 | |
With that then the public hearing is continued. We wanted to do this before continuing in case information came out that people | 00:24:18 | |
heard they wanted to comment. Is there any further public comment? | 00:24:24 | |
On the. | 00:24:31 | |
Creation of Public Infrastructure districts at Royal Holiday Hills. | 00:24:34 | |
There being none, we will close this public hearing and we'll move on to item number 5. | 00:24:41 | |
This is consideration of Ordinance 2024-02 amending the Zone Map for Property located at 2051 and 2061 E Murray Holiday Rd. From | 00:24:46 | |
Residential Multifamily to Professional Office. This was had gone through the the Planning Commission and we had a. | 00:24:55 | |
Discussion with a lot of the neighbors came in and commented on this. We've been speaking with the applicant and in this | 00:25:05 | |
particular case I think we've come to an agreement. | 00:25:11 | |
Or some some language inside of a development agreement that puts a minor restriction on a building height on this property that | 00:25:17 | |
we think I. | 00:25:23 | |
Meets the needs of both the applicant and the neighbors, hopefully. | 00:25:32 | |
That's kind of where we're at on this one. | 00:25:35 | |
And I'm happy to we've got John and Carrier here, but. | 00:25:39 | |
I'll just sum it up this way. | 00:25:43 | |
There's language that you'll probably hear inside the motion that talks about a 10 foot set back off Murray Holiday Road and a 20 | 00:25:47 | |
foot set back off Sycamore that was really inside a code that that's really not a change to what will be required of the | 00:25:52 | |
applicant. And John, I'm looking at you guys, you're going to shake in in case I. | 00:25:58 | |
Misspeak. | 00:26:04 | |
So the only change that is really occurring here is it is dropping the building height down on the north side of the property at | 00:26:06 | |
the 55% property line across the property from Murray Holiday Rd. It drops it from 40 feet down to 35 feet to help transition that | 00:26:14 | |
into the into the neighborhoods, into the neighborhood to the north. | 00:26:22 | |
It doesn't end up being a huge piece because there's already a. | 00:26:31 | |
30 foot rear set back in the PO zone, so there's a 30 foot set back from the residential property to the commercial property. | 00:26:36 | |
So what it does is it takes it, takes it at that 55% line diagonal line across the property and drops it from 40 to 35 feet, which | 00:26:44 | |
helps to. | 00:26:50 | |
Ease the transition into the neighborhood and that's really all this development agreement is going to do. | 00:26:57 | |
I have that right? | 00:27:02 | |
Any questions from council? | 00:27:07 | |
Ready for emotions? | 00:27:10 | |
All right, Mr. Mayor, I move approval of Ordinance 2024-02, amending the zone map for property located 2051 and 2061 E Murray | 00:27:12 | |
Holly Rd. From RM or residential multifamily to professional office zone. | 00:27:19 | |
Subject to and specifically conditioned on the following. | 00:27:28 | |
At the city and the developer by a date not more than 90 days from this date, approve a development agreement that a permits the | 00:27:33 | |
construction of an office building that complies with his own restrictions and steps and steps back in height such that any | 00:27:39 | |
portion of the building that is beyond 55% of the lots lots depth. | 00:27:45 | |
That's from the Marie Holiday Roadside. | 00:27:51 | |
Up to the rear set back on the combined properties is not more than 35 feet in height. | 00:27:55 | |
And that the set back for the building fronting Morality Rd. shall be a minimum of 10 feet from the right of way line. | 00:28:01 | |
For Murray holiday frontage and not less than 20 feet on the Sycamore frontage. | 00:28:07 | |
Mayor, Before a second is offered, I'd like Council Member Fotheringham to consider an amendment to his motion. | 00:28:12 | |
That the ordinance in Section 3 be the language be altered. | 00:28:20 | |
So that in the fourth line down it would read subject to the reason at a point that is 55% of the depth of the parcels as measured | 00:28:24 | |
for Murray Holiday Rd. instead of a point that is half of the depth. | 00:28:31 | |
The ordinance right now says half, which would mean 50%. Well now I said 55% in my emotion. | 00:28:43 | |
Right, but the ordinance itself says half. | 00:28:50 | |
So if you would amend the language of the ordinance in your motion to, say, 55%, then we'll be consistent with the ordinance and | 00:28:53 | |
the motion. | 00:28:57 | |
So accepted, so moved. | 00:29:01 | |
Yeah, all we're doing is saying we want to insert that language into 3B. | 00:29:06 | |
In the way the ordinance is written. | 00:29:11 | |
Needs to be what your motion says. | 00:29:14 | |
Is that clear? Do we have, is that OK, So I'm actually so we're saying that the. | 00:29:18 | |
That's under conditions of approval, though. It's not like when we say no, we're actually amending the text of the ordinance | 00:29:23 | |
because right now the text of the ordinance is inconsistent. | 00:29:27 | |
With Councilmember Fotheringham's motion, I want them to be consistent. Got it? I want them to say the same thing. | 00:29:32 | |
He wants 3B to say 55%, not half. Half. | 00:29:38 | |
So do you want that restated? | 00:29:43 | |
OK. I think it's stated clearly enough. I think we just but B doesn't talk about half anywhere or are you talking about in that | 00:29:45 | |
ordinance, it's the actual ordinance that we're voting on has in 3B it talks about half. | 00:29:51 | |
Instead of 55%. Oh, right here. | 00:29:57 | |
OK. Because I was just reading A&B not in the ordinance but in the points of the development agreement. OK. | 00:30:01 | |
So amending the motion to include altering section 3B. | 00:30:07 | |
Line. | 00:30:15 | |
For well, I'm three in the B section. | 00:30:16 | |
Amending the words that say the point that is half the depth. | 00:30:20 | |
To the point that is 55% of the depth of the parcels. | 00:30:24 | |
Second, OK, we have a motion and a second further discussion of the motion. | 00:30:28 | |
Council Member Brewer yes, Councilmember Durham, yes, Councilmember Fotheringham yes. Councilmember Quinn and Chair vote yes and | 00:30:35 | |
that. | 00:30:39 | |
Rezone is approved with the development agreement. Thank you. | 00:30:45 | |
OK, now we are on to item number six, Consideration Ordinance 2024-03, amending Title 13, point 100.010, adding quasi public as | 00:30:53 | |
permitted use in the C2 zone. This is textament to the zone. | 00:31:01 | |
We had a pretty rigorous discussion about this the last council meeting. We've got an updated umm. | 00:31:10 | |
Council Planning Commission report. | 00:31:16 | |
That kind of walk through this. | 00:31:22 | |
And does because of the issues that that Mister Billings was discussing the issues we had with text amending the C2 zone. | 00:31:25 | |
And the effects that those distances as it relates to alcohol related businesses would have on those. | 00:31:34 | |
Abutting businesses or businesses within that 200 foot line or 300 foot line or 600 foot walking distance line. | 00:31:42 | |
Was creating a burden to existing property owners. | 00:31:50 | |
As it relates to the comments made during the public comment that were legal. | 00:31:57 | |
I'm not a judge. I don't know how to deal with that kind of thing. So I I don't know how we should consider that taught. I'll have | 00:32:01 | |
to kind of defer to you on that. What I'll tell you, Mayor, is I'm familiar with the federal legislation and the case law that it | 00:32:06 | |
has spurned. | 00:32:11 | |
I have a different opinion. | 00:32:17 | |
On the effect of that on what's before the city now than Mr. Billings does, I think it may make the council more comfortable to | 00:32:19 | |
act. | 00:32:23 | |
To have an explanation of the way I view the federal legislation before you take action, if that's your desire, I think you could | 00:32:28 | |
continue this to the 21st meeting. | 00:32:33 | |
And I could have something prepared for you to look at that would explain my view of it. That's. | 00:32:40 | |
Different than what Mr. Billings sees. | 00:32:45 | |
And you could have that in your hands before you decide to take action. | 00:32:47 | |
So the suggestion is to just take a motion to continue this to the 21st. | 00:32:51 | |
I don't know why we. | 00:32:57 | |
Wouldn't do that. Does anybody have an objection to that? | 00:32:59 | |
Do we need a roll call on that? | 00:33:02 | |
To continue? No, you can actually do that just by a voice. Well, OK. | 00:33:04 | |
Would anybody like to make a motion to continue this item to March 21st? | 00:33:08 | |
Consider the the new possible new information regarding federal restrictions. | 00:33:13 | |
Second, OK, you have a motion, a second to continue to the 21st. | 00:33:20 | |
All in favor, Say aye, aye. Any opposed? | 00:33:24 | |
Motion carries unanimously, so we'll continue. | 00:33:28 | |
We'll take a look at the comments you made during public comment and then. | 00:33:31 | |
Bring it back to the Council on the 21st. | 00:33:36 | |
And I would watch on that too, because depending on what we decide. | 00:33:39 | |
I don't know if we'll open it back up for public hearing or not. We'll see what the council wants to do once we get some some | 00:33:43 | |
legal counsel on it. | 00:33:48 | |
OK. Thank you. Thank you. | 00:33:53 | |
Item number 7. | 00:34:00 | |
This is I'll just. | 00:34:04 | |
Well, this is the PID. | 00:34:07 | |
And so we don't have to read it twice. | 00:34:10 | |
Any questions or comments from the Council regarding the resolution 2024-06 before we take a motion on this? | 00:34:14 | |
There be none. I'll be happy to take a motion. Mr. Mayor, I move approval of resolution 2024-06. | 00:34:27 | |
Regarding the creation of Holiday Hills Public Infrastructure District. | 00:34:34 | |
2nd we have a motion in the second. | 00:34:40 | |
We'll go to vote on this Council Member Brewer, yes. | 00:34:43 | |
Councilmember Durham YES, Councilmember Fotheringham YES Councilmember Quinn and Chair Vote Chess and. | 00:34:47 | |
2024.06 is approved. Thank you and umm. | 00:34:55 | |
This started back in December with discussions. There's been a lot of work done. | 00:35:01 | |
To try to get this through in a timely manner, Ginas put a lot of time into this. Todd put a lot of time into it. I know our | 00:35:06 | |
council and. | 00:35:10 | |
Our financial advisors as well as those for the applicants have put a lot of time in as well, so. | 00:35:16 | |
Thanks to everybody for pushing this. Thank you. | 00:35:22 | |
OK, item number 8. This is Resolution 2024-07, Amendments to the moderate Income Housing element of the General Plan. | 00:35:25 | |
I don't think we need to spend a lot of time on this and here we've been through this three different Times Now and it's basically | 00:35:34 | |
including those nine areas that we intend to focus on as it relates to creating moderate income housing inside the city will be | 00:35:41 | |
included in the general plan Chapter 5. | 00:35:47 | |
Any questions? And do you have anything for us other than fielding questions? | 00:35:55 | |
Any questions from council? Comments? | 00:36:00 | |
Just out of curiosity, since the legislative session has just ended, do you know if? | 00:36:03 | |
This area was changed at all by any bills that have just gone through. | 00:36:10 | |
OK. I'm. I'll keep my fingers crossed. Thank you. That's good news. | 00:36:16 | |
Who's going to Mr. Mayor, I move the Council. Consider Resolution 2024-7 amending the moderate income housing element of the | 00:36:25 | |
General Plan. | 00:36:29 | |
2nd We have a motion A second from Councilmember Quinn will go to vote Councilmember Brewer yes, Councilmember Durham yes, | 00:36:35 | |
Councilmember Fotheringham, Councilmember Quinn and Chair Vote Chess and Ann. | 00:36:41 | |
Lots of work, right? | 00:36:48 | |
Thank you very much for all your hard work, Gina, You too, and the staff. | 00:36:50 | |
That was a heavy lift. | 00:36:55 | |
Now we can get to work on accomplishing those nine goals, right? | 00:36:58 | |
All right. Thank you. | 00:37:03 | |
We have a franchise, A franchise agreement we would like to approve. Todd, any comments for council, any clarifying comments on | 00:37:07 | |
the agreement that's in the packet. I will tell you this is generally the standard form you've approved previously. There are some | 00:37:11 | |
changes to it that have been. | 00:37:16 | |
Made based on concerns we've received from. | 00:37:22 | |
Respective franchisees. | 00:37:26 | |
They're non substantive in terms of the requirements for. | 00:37:29 | |
An operator they relate more to the audit provisions of. | 00:37:32 | |
Franchise agreements, which we've never exercised before, but I can recommend this to you. | 00:37:36 | |
Any questions at Todd? | 00:37:43 | |
Take a motion. | 00:37:47 | |
Mr. Chair I. | 00:37:49 | |
I move that we approve Resolution 2024-08 approving and authorizing the execution of a franchise agreement with Teleport | 00:37:53 | |
Communications America, LLC. | 00:37:57 | |
Second motion and a second council member Brewer. Yes. Council member Durham. Yes. Council member Fotheringham. Yes. Council | 00:38:04 | |
member Quinn. Yes. Chair vote yes 2024-C rights approved. Thank you. | 00:38:09 | |
And finally, Resolution 20/24/09, this is advice and consent of appointment of Brent Halliday and Connie Roller to the tree | 00:38:15 | |
committee for terms beginning now and through three, seven of 2027, three-year terms. | 00:38:22 | |
Did you get a motion? Yeah. Mr. Mayor, I move adoption of resolution. | 00:38:33 | |
2020 24-09 Granting advice and consent of the Council for appointment of members of the Tree committee. | 00:38:39 | |
2nd. | 00:38:45 | |
Motion is Second Councilmember Brewer, Yes. Councilmember Durham yes. Councilmember Fotheringham yes. Councilmember Quinn yes and | 00:38:47 | |
Chair votes yes. Those appointments are approved. Thank you Council. The consent agenda are minutes from November 16th, December | 00:38:53 | |
14th, January 4th and 11th. I miss any. | 00:38:59 | |
We got it. Some merry move, approval of the minutes on the dates listed on the agenda. | 00:39:07 | |
Second motion is second. Did we have any edits or comments? I think Drew, you had one. You sent it to Stephanie already. | 00:39:13 | |
OK, we have a motion and a second then all in favor, say aye, aye, aye. Any opposed? | 00:39:21 | |
Consent agenda is approved. | 00:39:28 | |
Thank you, Council City Manager Gina. | 00:39:30 | |
All right. I have only good news and the city manager. | 00:39:37 | |
And I have a lot of it. | 00:39:43 | |
First, our website relaunch went live on Tuesday. That is the culmination of a two year process. | 00:39:46 | |
Our website now works on mobile devices, tablets, desktops and laptops. It's going to be a continual work in progress, so if you | 00:39:56 | |
find something that isn't working or doesn't let look right, please let Stephanie know. | 00:40:02 | |
But I'm really pleased with how it turned out. I hope you are too, and I really want to thank Stephanie publicly for coordinating | 00:40:09 | |
this effort over the last two years. | 00:40:14 | |
As part of our relaunch, our website address has changed. So it's now holiday, utah.gov. | 00:40:20 | |
We're in the process of changing our emails as well for a while, both the old site the old. | 00:40:28 | |
Cityofholiday.com and our existing emails will continue to work. We think this will be at least a six month transition, but that | 00:40:36 | |
was necessitated as part of a state law last year. | 00:40:42 | |
In addition to Stephanie, a lot of staff worked on developing new content for the website folks in the Justice Court. | 00:40:50 | |
Public services and community and economic development. So I want to thank them too for updating that content and that's really | 00:41:00 | |
exciting. | 00:41:04 | |
I have a lot of really good grant news as well. We received an award that I mentioned a couple of weeks ago that we were applying | 00:41:10 | |
for, which was funding for a part-time position for a public health position. | 00:41:18 | |
For three years, and we received that award about three days after we applied for it. | 00:41:27 | |
So we'll bring you more details. I know the council had some specific questions about what that position would do and we'll be | 00:41:36 | |
bringing those to you in the next probably six weeks. | 00:41:41 | |
I think the grant becomes effective in May. | 00:41:47 | |
We also received an award of a little more than $700,000 from Safe Routes to School for phase two of our 27th East. | 00:41:51 | |
Sidewalk Project. This is the section from Warningside to Melanie. We were funded just on the West side of of the 27th East, | 00:42:03 | |
though, but this award will go a long way toward improving pedestrian access and connectivity along 27th East. | 00:42:13 | |
So phase one construction is scheduled to start later this spring and then phase two hopefully next year. | 00:42:23 | |
There is a match and I don't remember off the top of my head what it is. That's fabulous. | 00:42:32 | |
I have more good news. | 00:42:39 | |
So. | 00:42:42 | |
As of right now, our $3.6 million earmark for Highland Drive is still included in the transportation appropriation build at the | 00:42:43 | |
House of Representatives approved yesterday and hopefully the Senate should approve that in the next couple of days. This is for | 00:42:51 | |
the fiscal year, federal fiscal year 24 that started in October. We should have a federal budget. | 00:42:59 | |
Six months later. | 00:43:07 | |
Once that is approved. | 00:43:09 | |
There will still be a process before we receive the funds, but that's still on track, which is good news. | 00:43:12 | |
In addition, from the state legislature. | 00:43:20 | |
This year, we received $1.23 million in a direct appropriation also for Highland Drive. This was part of a larger transportation | 00:43:24 | |
bill that made some changes, including changes to the fifth quarter that we can talk about later, but that's an additional piece | 00:43:32 | |
for Highland Drive that is really good news. | 00:43:39 | |
Then on our trail system, WFRC earlier, well probably 2 weeks ago, it released a ranking of active transportation and trails | 00:43:48 | |
programs. | 00:43:53 | |
And we have two projects that are ranked in the top 13 on that list. I think there are about 60 projects on the list. | 00:43:59 | |
One is a multi city project along 39th South. That's the 39th South Bicycle Lane project. | 00:44:09 | |
Our section from 23rd East to Highland Dr. along the South side is likely to be a complicated and expensive part of that project. | 00:44:19 | |
So my understanding is that other sections, including a section in Mill Creek will probably come first, But it's great news that | 00:44:25 | |
that project was ranked #2. | 00:44:32 | |
And then our. | 00:44:39 | |
I215 pathway that would connect Knudsen and Big Cottonwood Trail to Highland Drive that was ranked 13th. | 00:44:41 | |
So we anticipate state funding will be available shortly and we're really excited by our rankings of these two projects. | 00:44:52 | |
Then in terms of staffing, our new emergency Manager, Allison Jester started Monday. She comes to us from Utah County. | 00:45:00 | |
Emergency Management and we're thrilled to have her on our team. You'll be meeting her in the next couple of months as well. | 00:45:10 | |
And then finally our searches is narrowing for our finance director. I had hoped to make an offer by the 1st of March, but I've | 00:45:17 | |
been a little delayed. | 00:45:22 | |
And expect that I would be making an offer by midweek, next week we have. | 00:45:28 | |
Good candidates and I hope to have someone in place there by the 1st of April. | 00:45:35 | |
Who's doing that in the meantime? | 00:45:40 | |
So we have our outside financial consultant who is processing our payroll and our accounts payable. | 00:45:43 | |
And then we've sort of divvied up. | 00:45:52 | |
The remainder of the functions, the essential functions. | 00:45:54 | |
All right. | 00:46:01 | |
Thanks. | 00:46:03 | |
I will start with you and just work our way down the Council report. | 00:46:05 | |
The only I have. I was out of town for the first since we changed since I took on the Historical Society. So I was I was absent | 00:46:11 | |
for their meeting in February. They have one coming up here in March which I'm looking forward to and I understand that this Doug | 00:46:16 | |
Wright historical series. | 00:46:21 | |
Was that the 11th or the 11th at 7:00 PM here at City Hall then? | 00:46:26 | |
But other than that, that's all that I have to report. | 00:46:31 | |
There's a tree talk at the library on Saturday at 10:30. He'll be on. | 00:46:36 | |
Planting trees that attract birds to your yard. So let your neighbors know about that. And the tree committee is busy planning a | 00:46:44 | |
Harbor Day activities. This year, they're going to be planning for trees at Morningside Elementary. | 00:46:50 | |
Which will be great. | 00:46:56 | |
They the program will be M seed by the students, so they'll want to attend April 26th at 2:00. | 00:46:58 | |
Happy Healthy Holiday is continuing to work on its strategic plan. Megan Bartley, our intern, is out doing community A community | 00:47:08 | |
needs assessment and some interviews to help inform how we would draft the the strategic plan. | 00:47:16 | |
And we have an upcoming event with. | 00:47:24 | |
Sort of the. | 00:47:27 | |
Inauguration of the new signage at the Big Cottonwood Trail. | 00:47:29 | |
That will probably be sometime in mid-May, but it's a. | 00:47:33 | |
Walk. It's a walking, running, biking trail. | 00:47:35 | |
And should be a great asset for the community, so there will be more details coming out on that. | 00:47:39 | |
A week from Saturday is the Arts Council's fine art show. We just, of course, just had our tiny art show in February, which was a | 00:47:47 | |
raging success. But our fine art show is always just as raging as success, and expect this year to be no different. | 00:47:55 | |
So our will be hung and ready to display and and for patrons to to come enjoy it starting a week from Saturday. So that's the 16th | 00:48:03 | |
I believe 16th through the following next week, so 16th through the 23rd. Usually the the Art gallery is open regular hours Monday | 00:48:09 | |
through Friday 8:00 to 5:00 and on Saturday from. | 00:48:15 | |
Of course he knew what time that. | 00:48:22 | |
Starts on Saturday. Is it afternoon? I can't remember. | 00:48:25 | |
I had it up on my phone. | 00:48:30 | |
This is which one? | 00:48:36 | |
Holiday arts. | 00:48:39 | |
I don't show on the calendar. | 00:48:43 | |
An art show? Here it is. | 00:48:50 | |
As let's see open, oh, there's a reception as well on on Saturday night. I think that's what this Saturday opening Saturday is, is | 00:49:02 | |
the evening opening reception. So if you go on Saturday the 16th opening, that's from 6:00 to 8:00 PM where they actually have, | 00:49:08 | |
you know some. | 00:49:13 | |
Hors, d'oeuvres and beverages and such. | 00:49:19 | |
And then Monday through Friday would be the nine to five enjoying it. And then the final Saturday is usually a nine to one and | 00:49:22 | |
then they start picking up the art from there. So yeah, opening Saturday would be Saturday night. | 00:49:27 | |
Hope to see you there. | 00:49:34 | |
That's all I have, OK. | 00:49:37 | |
All right. A little bit of news on the Community Renewable Energy Agency or as we have rebranded it, the Utah Renewable | 00:49:40 | |
Communities. It's a lot easier to say. | 00:49:45 | |
In the legislative session that just ended Senate Bill 214. | 00:49:52 | |
Was a bill only targeting the Community Renewable Energy Agency, luckily. | 00:49:57 | |
With good people like Todd and the Utah League of Cities and Towns. | 00:50:05 | |
It was. | 00:50:09 | |
Changed from the original intent, but it did make one change. | 00:50:11 | |
And that is that. Now new communities are able to join. | 00:50:18 | |
And I think that might even be a good thing, because I don't know if you remember. | 00:50:23 | |
Mayor, you were on the council and Paul, probably. | 00:50:29 | |
When we had to in 2019. | 00:50:33 | |
Sign our. | 00:50:37 | |
Intent to. | 00:50:39 | |
To participate. | 00:50:41 | |
And at that point soon after that it was cut off. So the this I think is going to be a positive change that. | 00:50:42 | |
Under certain conditions. | 00:50:51 | |
Hopefully if the program goes really well, more communities will want to get on board and that could be a really good thing. | 00:50:53 | |
One thing that I did find out recently at a Morningside Community Council meeting is that. | 00:51:04 | |
Let me back up. We all remember when Spring Lane was closed when that announcement was made two years ago. | 00:51:10 | |
At that point, the plan was to look next at the. | 00:51:16 | |
Schools east of where that? | 00:51:22 | |
That boundary study was made. | 00:51:25 | |
And I was surprised that we hadn't heard anything because that study will include several schools in holiday. Apparently what has | 00:51:27 | |
happened is the district felt that there was an area that that had. | 00:51:34 | |
More immediate needs, more immediate concerns, and that is that 3500 S corridor. | 00:51:42 | |
On the West side of the valley and. | 00:51:49 | |
We will be looked at a year from now instead of now, if anybody was curious about that. | 00:51:52 | |
Anyway. | 00:52:00 | |
Yeah, exactly a year respite. | 00:52:02 | |
And that's it. | 00:52:05 | |
All those community, all those. | 00:52:08 | |
Communities, we're happy to let you guys do all the hard work and get it all settled and then when they got comfortable, they said | 00:52:11 | |
they'll jump on board and join in. | 00:52:14 | |
I think that's what it's going to look like. | 00:52:19 | |
I'm being a smart aleck. | 00:52:22 | |
No, that's OK. But like I say, I think it could be a good thing because. | 00:52:24 | |
It will give us that much more money to work with, yeah, no, that was the hope initially and then a couple of big players dropped | 00:52:28 | |
out right out of the gate and. | 00:52:32 | |
Ruin some of the economies, right? But yeah, I think you're right. The more they get in there, the more the costs will be spread | 00:52:37 | |
out and lower the net cost of those that decide to participate, I think exactly. | 00:52:41 | |
OK, very quickly had a ribbon cutting Kimmy's last night and Francis and. | 00:52:48 | |
The business board Advisory Board keeps saying I'm not even going to say IT Advisory Board. | 00:52:55 | |
Had a nice showing there. There's six of them there, I think of the 8. | 00:53:03 | |
And great showing. | 00:53:07 | |
The restaurant turned out. It's beautiful. I don't know, John, if you guys have been down there to see the final TI's, but. | 00:53:09 | |
While they open it up and it's bright and it was packed and it's been packed since they opened. So spread the word. Great new | 00:53:16 | |
restaurant in holiday, great addition. | 00:53:20 | |
You guys have already mentioned just a small note. I don't know if you know Dee Hanson. Ty, do you know what Dee lives by you very | 00:53:28 | |
involved in the baseball community and they're doing a field clean up next Saturday from. | 00:53:34 | |
Looks like about 9:00 to noon. There's a few members of the youth council, I think that need volunteer hours are going to pitch in | 00:53:40 | |
if there's any. | 00:53:43 | |
Kids from the churches that want to do a little volunteer work, I think they've got a pretty good amount of volunteers. They don't | 00:53:47 | |
need a ton. But if somebody wants to pitch in, Thomas agreed to drop a trailer off Friday night. That's our participation and so. | 00:53:53 | |
We're I think we're good. We're not over committing ourselves. | 00:54:00 | |
So anyway, they're going to be getting those fields ready to go for the spring season. | 00:54:06 | |
And wow, I think that's all I have. So I think we'll just. | 00:54:10 | |
Take a recess, take a couple of minute break and then start across the hall with UPD. | 00:54:16 | |
Mr. Mayor, I move. We adjourn City Council and reconvene an work meeting in 5 minutes. Second, all in favor, say aye. We are | 00:54:21 | |
recessed. | 00:54:25 | |
You. | 00:54:34 |
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OK. | 00:00:09 | |
All right. | 00:00:14 | |
Thanks for your patience. So welcome to the Holiday City Council meeting Thursday, March 7th. We'll call the meeting to order. | 00:00:16 | |
With the pledge, if everybody please stand. | 00:00:24 | |
I pledge allegiance to the flag. | 00:00:29 | |
Of the United States of America. | 00:00:34 | |
For which it stands one nation under God, indivisible, with liberty and justice for all. | 00:00:37 | |
OK. | 00:00:51 | |
We have one continued public hearing tonight, which is item number four on the creation of a public infrastructure district or | 00:00:54 | |
districts. | 00:00:58 | |
So if anybody is here to make public comment on the city action, Please wait till we get to item number 4. | 00:01:03 | |
If you are here, we have no other public hearings open right now and and they're not opening any tonight other than that continued | 00:01:12 | |
public hearing. So if you're here to address the council on any other issue, the public comment period right now is the time to do | 00:01:19 | |
that. We just ask that you approach the podium, give us your name and address and try to keep it to 3 minutes or less. | 00:01:26 | |
And Trudy, you're up. | 00:01:33 | |
Trudy always starts. She shows you how it's done. | 00:01:35 | |
Trudy from the library. We have a lot of things, so I'm only going to highlight a few. Starting on Monday, we are hosting a | 00:01:42 | |
program with the health department called Stepping On. It's a fall prevention program for older adults. They do have to register, | 00:01:48 | |
but you can get to that registration through our website. It's two hours per class and we've got two sessions. We've got a 10 AM | 00:01:53 | |
session and a 1:00 PM session, and it goes for seven weeks. | 00:01:59 | |
And it's it's a super helpful program. Also on Mondays, on the second Mondays of the month, we have game night. Board games are a | 00:02:06 | |
great way for kids to learn strategy and planning and social skills, and it's a great way to meet your fun neighbors that like to | 00:02:11 | |
play board games so you can come on in. It's from 5:00 to 8:00 and it's hosted with Derek McNab from Game Night Games. He's super, | 00:02:17 | |
he's super great and can teach you how to play anything. | 00:02:22 | |
Wednesday the 15th. Excuse me. Wednesday the 13th. I know what day that is. 7:00 PM We have slumber story time. Kids are invited | 00:02:29 | |
to wear their pajamas and do fun things there right before bedtime. | 00:02:34 | |
Monday, March 25th, we're going to be hosting a Red Cross blood drive from 1:00 to 7:00, So please sign up for a time, Come help | 00:02:40 | |
the community out. | 00:02:44 | |
And premiering this month, we have our Thrills and Chills Book club at 7:00 PM on Tuesday, March 26th. They read books that keep | 00:02:48 | |
you on the edge of your seat, and then they have really cool discussions about them. That's what we're planning. The book they're | 00:02:54 | |
reading this month is The House in the Pines by Anna Reyes. | 00:03:00 | |
And we have copies of the book at the library you can come check out. And those are just a few of the things that we're going to | 00:03:07 | |
be doing at the library. | 00:03:09 | |
Thanks for letting me talk. If you have questions, let me know. | 00:03:13 | |
Thanks, Trudy. Appreciate it. | 00:03:16 | |
Question for the City Council on topic number six. Do you want that to be addressed now or then? | 00:03:22 | |
Well, the public hearing on that is closed. So if you have comment you want to make, now would be the time, OK, I'm, I'm not a | 00:03:30 | |
member of the public, I'm a representative of the applicant. | 00:03:35 | |
I'll defer to Mr. Godfrey on this one. | 00:03:41 | |
Yeah. So now would be the time if you're going to do that. | 00:03:46 | |
So my colleague Scott Saby was here last time. And give us your name and address. My name is David Billings. I'm an attorney at | 00:03:54 | |
Fabian Van Cot. | 00:03:58 | |
The reason why I come here tonight is. | 00:04:06 | |
To bring something to to the city's attention that I think is. | 00:04:10 | |
Necessitated by the discussion about the proximity statute that is Utah, code 32B-1-2O2. | 00:04:18 | |
Support to a romanettes one and two. | 00:04:30 | |
And that is. | 00:04:34 | |
The overlay of that statute and the current zoning setup that the city has. | 00:04:37 | |
Right now. | 00:04:46 | |
If the application of the Korean Presbyterian Church of Utah is denied. | 00:04:48 | |
Would violate, in my view, the Religious Land Use and Institutionalized Person Act, also known as Arlupa, which is a federal | 00:04:54 | |
statute which preempts. | 00:05:01 | |
That state law statute and applies to municipalities like holiday. | 00:05:08 | |
And specifically. | 00:05:15 | |
The concern I have is a state law that's designed. | 00:05:17 | |
To benefit a religious institutions by keeping them away from. | 00:05:22 | |
Places serving alcohol. | 00:05:27 | |
Should not be used to harm churches by basically making it. | 00:05:29 | |
Difficult or impossible to locate in this city, and by by being a rationale to deny are the application. | 00:05:36 | |
And I also wanted to make sure the city is aware that. | 00:05:46 | |
The grounds for recommend recommending denial of the application as stated in the staff report that in the agenda. | 00:05:52 | |
Is essentially. | 00:06:02 | |
A potential future harm, A potential decrease in property value for C2 owners if they want to. | 00:06:05 | |
Have an alcohol distributing. | 00:06:14 | |
Establishment on their property. | 00:06:18 | |
But the case law and I can cite it to you if you wish, or I can provide it to the city attorney. | 00:06:21 | |
Clearly states that economic development. | 00:06:29 | |
Tax revenue and the like are not a compelling state interest that overrides. | 00:06:34 | |
The statute. | 00:06:41 | |
So. | 00:06:42 | |
And the other aspect here is the definition that the Church falls into includes. | 00:06:45 | |
Private, nonprofit, educational, religious, recreational, charitable, philanthropic institutions. | 00:06:53 | |
But. | 00:07:01 | |
The zoning as overlaid with that state statute, only applies to. | 00:07:05 | |
To private and public schools, churches, playgrounds and parks, so. | 00:07:15 | |
By definition. | 00:07:22 | |
The Church is going to be treated differently than all these other ones in. | 00:07:26 | |
This category. | 00:07:31 | |
Churches in general. | 00:07:33 | |
So because it applies to some but not all types of proper use. | 00:07:35 | |
That's pretty problematic in my view. | 00:07:39 | |
And. | 00:07:42 | |
States that governments are barred from imposing or implementing a land use regulation in a manner that treats a religious | 00:07:45 | |
assembly or institution on less than equal terms. | 00:07:50 | |
With a non religious assembly or institution. | 00:07:57 | |
So. | 00:08:01 | |
You know that that's the problem is because the city designed the zoning. | 00:08:05 | |
Have preexisting churches in P zones. | 00:08:10 | |
And not have conditional or permitted uses outside of those P zones. | 00:08:16 | |
It's essentially restricted churches to those locations and prefers existing churches over that were there at the time of | 00:08:20 | |
incorporation to churches that want to move into the area. | 00:08:27 | |
So that also might have issues with. | 00:08:34 | |
The Utah's version. | 00:08:39 | |
The Establishment Clause and the like. | 00:08:43 | |
So therefore. | 00:08:45 | |
What I would suggest is if the city is still not inclined to. | 00:08:48 | |
Grant the application as requested. | 00:08:54 | |
That it consider. | 00:08:57 | |
Changing the application. | 00:09:00 | |
To instead of. | 00:09:02 | |
Asking for AP to be put into that table. | 00:09:04 | |
To make it AC. | 00:09:07 | |
Meaning a conditional use. | 00:09:09 | |
Because that would be in conformity with. | 00:09:13 | |
I think we mentioned in the prior meetings. | 00:09:18 | |
Many, many, many other municipalities in this county that allow churches and commercial zones on a conditional use basis all over | 00:09:21 | |
the place. | 00:09:25 | |
And your zoning for alcohol establishments? | 00:09:30 | |
In C2 are also on a conditional use basis, so they be on. | 00:09:33 | |
Even bar, but I'm happy to answer any questions or talk to the city attorney separately however you guys. | 00:09:37 | |
I think we'll take this up as a discussion item prior to taking a motion on this. | 00:09:45 | |
Thank you. | 00:09:50 | |
Any other public comment? | 00:09:57 | |
All right. | 00:10:01 | |
There being none, we will close the public comment portion of on the agenda and we'll move to item number 4. | 00:10:02 | |
This is the continued public hearing regarding the creation of Public Infrastructure Districts at Royal Holiday Hills. This is an | 00:10:10 | |
item we discussed at the last council meeting. We kept the public hearing open because there was a lot of information that need to | 00:10:16 | |
be clarified prior to bringing it to a motion. I think the council is pretty up to speed on this, but for the record, I'd like to | 00:10:22 | |
be it on the record, be on the record. | 00:10:29 | |
At the last Council meeting. | 00:10:36 | |
And in our packet, we have a letter from our city manager Gina Chamness that identified a number of issues that she and and our | 00:10:38 | |
City Council had Council, Mr. Godfrey had regarding some of the items that were going to be included in the governing documents | 00:10:45 | |
for the PID. | 00:10:52 | |
Between that time and now, a lot of those items were sent via Red line have been resolved and my understanding is. | 00:11:00 | |
There's agreement that the governing documents now are acceptable to the city at this point. | 00:11:10 | |
So we've got that piece that seems to be in good order. | 00:11:18 | |
The issue that. | 00:11:22 | |
I would like to have clarified a little bit, at least from my standpoint has to do with the financial piece of this. | 00:11:25 | |
And in the governing documents, it references a ceiling of. | 00:11:35 | |
$80 million bonding capacity, they can. It's up to the city to decide what that ceiling is going to be and the documents that we | 00:11:39 | |
have, it takes that ceiling to $80 million. But the hard cost for the three parking decks, I think it's three parking decks that | 00:11:46 | |
are that are. | 00:11:52 | |
To be built with these funds. | 00:11:59 | |
Is just a little under $51 million. | 00:12:02 | |
And so it's just trying to get a comfort level on. | 00:12:05 | |
What is that extra $30 million for just so we feel like we've done our due diligence in terms of what we're going to going to | 00:12:12 | |
approve even though the city has no liability as it relates to the this bond issuance, it's with the developers and with in this | 00:12:18 | |
case the PID and the PID board. | 00:12:24 | |
So I don't know if there do we have Aaron on the line or? | 00:12:32 | |
I'm here, Mayor. Can you hear me? Yeah, we can hear you. | 00:12:39 | |
OK. So is that question go ahead. | 00:12:45 | |
I just said thank you for making this accommodation. I'm on route to the City Hall but I may not make it on time, so I appreciate | 00:12:50 | |
you guys letting me join. | 00:12:55 | |
And is Laura Lewis in the in the meeting as well? | 00:13:01 | |
No, she's not. | 00:13:06 | |
OK, OK. | 00:13:09 | |
So the one piece I wanted to, a couple of pieces I wanted to speak to on this front and I think. | 00:13:12 | |
The the main one. | 00:13:17 | |
You know there's always going to need to be a. | 00:13:20 | |
A greater borrowing than just the project. | 00:13:23 | |
You know the project cost to be funded by the bond. | 00:13:27 | |
And typically that's because there's going to be a reserve fund that gets funded with the bonds and generally that's 10% of what | 00:13:31 | |
you issue goes into a reserve fund to ensure you know debt service could be made in a in a bad year. | 00:13:38 | |
And then that the other piece is this project. | 00:13:47 | |
Deep time for the revenues to ramp up for you know, development to occur and for. | 00:13:51 | |
You know the assessor to assess the property and the district to levy the taxes and So what generally happens is. | 00:13:57 | |
The district will fund. | 00:14:04 | |
You know, a year or two years or so of capitalized interest. | 00:14:06 | |
And so that will make the first, say, two years of payments on the bond. | 00:14:10 | |
And they'll fund that up front. | 00:14:15 | |
And so in the models that bench Becker, who's the underwriter on this transaction provided? | 00:14:17 | |
You know, they did a scenario that I believe was a $56 million bond. | 00:14:24 | |
And that $56 million bond due to the 10% reserve, so five, you know $5.6 million. | 00:14:31 | |
And then capitalized interest, which I think was somewhere around $7,000,000. | 00:14:39 | |
The Ultimate Project proceeds was $42 million. | 00:14:44 | |
And so just to raise 42,000,000 for the garage. | 00:14:49 | |
They under that scenario had to issue $56,000,000 to bond. So that's the that's the primary reason. | 00:14:53 | |
And you know, the applicant can speak more to that, I would imagine. The other thing that we frequently see and the city. | 00:15:01 | |
Doesn't have to do, but like I said, we frequently see it. | 00:15:08 | |
Is some headroom. | 00:15:11 | |
You know, some contingency and just recognizing that. | 00:15:13 | |
Inflation that. | 00:15:17 | |
Happen and. | 00:15:18 | |
That we've just kind of been in a period of rapid inflation the last three years. | 00:15:20 | |
And so we've seen a number of projects that a city has approved a certain debt limit. | 00:15:25 | |
And the districts actually had to go back and request more because cost. | 00:15:30 | |
You know escalated on them and so. | 00:15:35 | |
That's another reason why they might be asking for more. Those are kind of the general reasons, but if you know if Benj is there | 00:15:38 | |
or someone from the project wanted to speak. | 00:15:42 | |
You know and I think you guys would be able to ask them any follow up questions that that you have and I'm happy to answer | 00:15:47 | |
anything as well. | 00:15:51 | |
OK, thank you. It looks like he is here so right. | 00:15:55 | |
Yeah, come on up. | 00:15:59 | |
I think and look, I think. | 00:16:01 | |
Conceptually, I think we all get it. | 00:16:04 | |
The hard cost, it's just it's just I would like to better understand like what the justification is for. | 00:16:08 | |
A 60% increase above the hard cost of the decks. Why can't that be? | 00:16:15 | |
Narrowed down a little bit and justified a little bit better in terms of those 3 variables which in the Piper Sandler documents | 00:16:21 | |
has. | 00:16:25 | |
Debt reserve fund, pardon me, capitalized interest, debt reserve and cost of issuance, I think we get all that. It would be nice | 00:16:29 | |
to have it be. | 00:16:34 | |
To have a little bit more detail other than just a statement about these, we need more money for these three things. | 00:16:41 | |
Does that make sense? Yeah. And my name is Benj Becker with Piper Sandler. I agree certainly with what Aaron Wade said. | 00:16:48 | |
A couple of considerations here. Certainly there's this first one that to create $50 million in usable revenue or usable proceeds. | 00:16:56 | |
You'll need a bond somewhere in the range of maybe 67 to 70 million because of these other costs. | 00:17:04 | |
You need three years set aside for capitalized interest to pay those bonds while the project doesn't have assessed values or | 00:17:10 | |
enough sufficient assessed values to pay those bonds. | 00:17:15 | |
So that's really the big hit. Bond buyers will require the 10%, roughly 10% of the par amount set aside for that debt reserve | 00:17:21 | |
fund. | 00:17:25 | |
So really there's just some parameters there for any bond issuance. And this is the same thing in your issuance of city bonds, you | 00:17:30 | |
have a reserve fund or a surplus fund. | 00:17:35 | |
And the other issue is just to provide some level of flexibility for increasing costs. | 00:17:40 | |
If we were to issue the bonds, maybe in two years from now maybe rates will be closer to six as opposed to seven in a in a non | 00:17:45 | |
rated bond. | 00:17:50 | |
Scenario there and you wouldn't want to be limited by the market because you've set this debt ceiling here that now you can | 00:17:55 | |
capitalize on that because you have better rates in the market and better terms you'd want to be able to to to take advantage of | 00:18:00 | |
that. | 00:18:04 | |
A key thing to remember too is that you can only issue debt on what can be used for public infrastructure. | 00:18:10 | |
So there isn't, you're not giving some sort of extra cushion there that the developer can then go use for other you know projects | 00:18:16 | |
or anything like that. You can only issue the amount of debt that is capped by the mill levy, whatever the mill levy and the tax | 00:18:21 | |
increment can generate. That's the that's the amount that you can. | 00:18:27 | |
You can issue. | 00:18:33 | |
And so when asking for the 80 when there's 50 million, it's just giving a little flexibility therefore because you need more than | 00:18:35 | |
50, right, as we talked about initially and then just for that flexibility that market conditions change. | 00:18:40 | |
Debt markets, I mean, if we were to. | 00:18:47 | |
In 2021, when you know the Fed Reserve was just print all, print all, print all. | 00:18:51 | |
You these bonds that go significantly further. | 00:18:58 | |
You have much lower interest rate, much lower coverage requirements. You could take that mill levy and probably drop it and get | 00:19:01 | |
the same amount of money as you would now today with the higher mill levy. So the point there is we want to be able to capitalize | 00:19:07 | |
if there are better markets in the future and not be limited by. | 00:19:12 | |
You know what the current market conditions are. | 00:19:19 | |
Only being able to limit. | 00:19:22 | |
To issue the amount of debt that can be reimbursed for public infrastructure. | 00:19:25 | |
So you can't. | 00:19:31 | |
There's no way you can put a number on the capitalized interest, the debt reserve and the cost of issuance. | 00:19:33 | |
You mean put a number on what we think of a beer? Yeah. | 00:19:41 | |
To issue the $50 million bond, well that will depend completely when it's issued what the market conditions are. If we were to | 00:19:47 | |
issue those today, certainly yes, they'd be higher numbers than what you're you're seeing here. | 00:19:52 | |
But it'll depend on when they issue the bonds. | 00:19:59 | |
Yeah, go ahead, Paul. That's just interesting from a. | 00:20:03 | |
Math standpoint that you can have a $50 million project. | 00:20:07 | |
But then you can issue bonds for up to 80 because you might have to capitalize some interest of the revenue catches up with it, | 00:20:12 | |
but then. | 00:20:16 | |
Taking on up to 80 million bucks in debt for a $50 million asset construct that this method is pencils out better than. | 00:20:21 | |
A bank loan, even though of the bank loans at a higher interest rate, perhaps more than likely. | 00:20:31 | |
You're still issuing it on a much bigger principle amount. | 00:20:37 | |
And so and then it's one thing to have, you know a larger balloon but but 60% larger that just seems. | 00:20:41 | |
That's big. I mean I was, I was thinking that balloon contingency that factors in what you're talking about would be closer to you | 00:20:51 | |
know 30 or 35 on the high end, but 60 just seems. | 00:20:57 | |
Wow, seems large, particularly given that the purpose of this whole thing is to access these, you know, quasi public bond markets | 00:21:03 | |
as opposed to bank financing. | 00:21:10 | |
Sure, they couldn't tell if Aaron was trying to say something there. | 00:21:16 | |
Yeah, I. | 00:21:22 | |
I think you've made a good point. The one thing I would just note for the council is this is a maximum number, but it's not. | 00:21:24 | |
Necessarily unexpected number and it's certainly not a mandate of. | 00:21:34 | |
After issue and so with you know and the other piece here where there's multiple districts is it's likely there'll be a phased | 00:21:41 | |
approach and and some of the bonds might not be issued. | 00:21:47 | |
You know I. | 00:21:53 | |
Or more. And so that might be part of it, but the, you know the district just because they have an 80 million authorization when | 00:21:56 | |
they are able to the market conditions at that time then that's when they would set their you know their par amounts. They | 00:22:02 | |
probably, you know the odds that they would issue right out of the gate an $80 million bond I think. | 00:22:09 | |
Are are are slim, but they would target their project amount at the time of issuance, so. | 00:22:17 | |
You know, Ben would do more justice than this, but they'd say, OK, we need 45,000,000. What do the other numbers look like to | 00:22:23 | |
deliver $45 million today or in today's mark? So I get it, it's an outer envelope number and we're confident that there won't be a | 00:22:30 | |
time when the PID board comes back needing to. | 00:22:36 | |
Extend that number to be something higher. Sure, Yeah, absolutely. As long and and you know, as long as it. | 00:22:43 | |
Falls under that 01/5. | 00:22:50 | |
Mill rate cap then you have you have room to do that and. | 00:22:53 | |
I just want to make sure we're thinking about this properly, because. | 00:22:59 | |
We don't have a lot. We don't have exposure here based on what we've been told from from legal counsel, it's going to be you | 00:23:03 | |
imposing the tax on yourself. | 00:23:07 | |
So why do we, as long as you stay under your cap? And I think it's important too to restate that my understanding inside the | 00:23:11 | |
governing documents, this money has to be used for a very specific use. It can't just be, well, we've got $80 million, let's Max | 00:23:18 | |
it out and then it has to be used for this infrastructure. So I don't know whether why we should, maybe one of the questions is | 00:23:25 | |
why should we be so concerned because you're going to be essentially taxing yourselves and eventually passing that. | 00:23:32 | |
Passing that burden on that expense on. | 00:23:40 | |
To the tenants if the market will allow it. | 00:23:43 | |
So I guess that's part of the piece of it, but I think it's important to have the conversation at least for me publicly that. | 00:23:47 | |
That there's an explanation for that delta between the 51 million and the 80 million that's being requested. | 00:23:52 | |
That's all I Amen. | 00:24:03 | |
Anything else for? | 00:24:07 | |
For Mr. Becker. | 00:24:09 | |
OK. Anything else there? OK, thank you. | 00:24:12 | |
With that then the public hearing is continued. We wanted to do this before continuing in case information came out that people | 00:24:18 | |
heard they wanted to comment. Is there any further public comment? | 00:24:24 | |
On the. | 00:24:31 | |
Creation of Public Infrastructure districts at Royal Holiday Hills. | 00:24:34 | |
There being none, we will close this public hearing and we'll move on to item number 5. | 00:24:41 | |
This is consideration of Ordinance 2024-02 amending the Zone Map for Property located at 2051 and 2061 E Murray Holiday Rd. From | 00:24:46 | |
Residential Multifamily to Professional Office. This was had gone through the the Planning Commission and we had a. | 00:24:55 | |
Discussion with a lot of the neighbors came in and commented on this. We've been speaking with the applicant and in this | 00:25:05 | |
particular case I think we've come to an agreement. | 00:25:11 | |
Or some some language inside of a development agreement that puts a minor restriction on a building height on this property that | 00:25:17 | |
we think I. | 00:25:23 | |
Meets the needs of both the applicant and the neighbors, hopefully. | 00:25:32 | |
That's kind of where we're at on this one. | 00:25:35 | |
And I'm happy to we've got John and Carrier here, but. | 00:25:39 | |
I'll just sum it up this way. | 00:25:43 | |
There's language that you'll probably hear inside the motion that talks about a 10 foot set back off Murray Holiday Road and a 20 | 00:25:47 | |
foot set back off Sycamore that was really inside a code that that's really not a change to what will be required of the | 00:25:52 | |
applicant. And John, I'm looking at you guys, you're going to shake in in case I. | 00:25:58 | |
Misspeak. | 00:26:04 | |
So the only change that is really occurring here is it is dropping the building height down on the north side of the property at | 00:26:06 | |
the 55% property line across the property from Murray Holiday Rd. It drops it from 40 feet down to 35 feet to help transition that | 00:26:14 | |
into the into the neighborhoods, into the neighborhood to the north. | 00:26:22 | |
It doesn't end up being a huge piece because there's already a. | 00:26:31 | |
30 foot rear set back in the PO zone, so there's a 30 foot set back from the residential property to the commercial property. | 00:26:36 | |
So what it does is it takes it, takes it at that 55% line diagonal line across the property and drops it from 40 to 35 feet, which | 00:26:44 | |
helps to. | 00:26:50 | |
Ease the transition into the neighborhood and that's really all this development agreement is going to do. | 00:26:57 | |
I have that right? | 00:27:02 | |
Any questions from council? | 00:27:07 | |
Ready for emotions? | 00:27:10 | |
All right, Mr. Mayor, I move approval of Ordinance 2024-02, amending the zone map for property located 2051 and 2061 E Murray | 00:27:12 | |
Holly Rd. From RM or residential multifamily to professional office zone. | 00:27:19 | |
Subject to and specifically conditioned on the following. | 00:27:28 | |
At the city and the developer by a date not more than 90 days from this date, approve a development agreement that a permits the | 00:27:33 | |
construction of an office building that complies with his own restrictions and steps and steps back in height such that any | 00:27:39 | |
portion of the building that is beyond 55% of the lots lots depth. | 00:27:45 | |
That's from the Marie Holiday Roadside. | 00:27:51 | |
Up to the rear set back on the combined properties is not more than 35 feet in height. | 00:27:55 | |
And that the set back for the building fronting Morality Rd. shall be a minimum of 10 feet from the right of way line. | 00:28:01 | |
For Murray holiday frontage and not less than 20 feet on the Sycamore frontage. | 00:28:07 | |
Mayor, Before a second is offered, I'd like Council Member Fotheringham to consider an amendment to his motion. | 00:28:12 | |
That the ordinance in Section 3 be the language be altered. | 00:28:20 | |
So that in the fourth line down it would read subject to the reason at a point that is 55% of the depth of the parcels as measured | 00:28:24 | |
for Murray Holiday Rd. instead of a point that is half of the depth. | 00:28:31 | |
The ordinance right now says half, which would mean 50%. Well now I said 55% in my emotion. | 00:28:43 | |
Right, but the ordinance itself says half. | 00:28:50 | |
So if you would amend the language of the ordinance in your motion to, say, 55%, then we'll be consistent with the ordinance and | 00:28:53 | |
the motion. | 00:28:57 | |
So accepted, so moved. | 00:29:01 | |
Yeah, all we're doing is saying we want to insert that language into 3B. | 00:29:06 | |
In the way the ordinance is written. | 00:29:11 | |
Needs to be what your motion says. | 00:29:14 | |
Is that clear? Do we have, is that OK, So I'm actually so we're saying that the. | 00:29:18 | |
That's under conditions of approval, though. It's not like when we say no, we're actually amending the text of the ordinance | 00:29:23 | |
because right now the text of the ordinance is inconsistent. | 00:29:27 | |
With Councilmember Fotheringham's motion, I want them to be consistent. Got it? I want them to say the same thing. | 00:29:32 | |
He wants 3B to say 55%, not half. Half. | 00:29:38 | |
So do you want that restated? | 00:29:43 | |
OK. I think it's stated clearly enough. I think we just but B doesn't talk about half anywhere or are you talking about in that | 00:29:45 | |
ordinance, it's the actual ordinance that we're voting on has in 3B it talks about half. | 00:29:51 | |
Instead of 55%. Oh, right here. | 00:29:57 | |
OK. Because I was just reading A&B not in the ordinance but in the points of the development agreement. OK. | 00:30:01 | |
So amending the motion to include altering section 3B. | 00:30:07 | |
Line. | 00:30:15 | |
For well, I'm three in the B section. | 00:30:16 | |
Amending the words that say the point that is half the depth. | 00:30:20 | |
To the point that is 55% of the depth of the parcels. | 00:30:24 | |
Second, OK, we have a motion and a second further discussion of the motion. | 00:30:28 | |
Council Member Brewer yes, Councilmember Durham, yes, Councilmember Fotheringham yes. Councilmember Quinn and Chair vote yes and | 00:30:35 | |
that. | 00:30:39 | |
Rezone is approved with the development agreement. Thank you. | 00:30:45 | |
OK, now we are on to item number six, Consideration Ordinance 2024-03, amending Title 13, point 100.010, adding quasi public as | 00:30:53 | |
permitted use in the C2 zone. This is textament to the zone. | 00:31:01 | |
We had a pretty rigorous discussion about this the last council meeting. We've got an updated umm. | 00:31:10 | |
Council Planning Commission report. | 00:31:16 | |
That kind of walk through this. | 00:31:22 | |
And does because of the issues that that Mister Billings was discussing the issues we had with text amending the C2 zone. | 00:31:25 | |
And the effects that those distances as it relates to alcohol related businesses would have on those. | 00:31:34 | |
Abutting businesses or businesses within that 200 foot line or 300 foot line or 600 foot walking distance line. | 00:31:42 | |
Was creating a burden to existing property owners. | 00:31:50 | |
As it relates to the comments made during the public comment that were legal. | 00:31:57 | |
I'm not a judge. I don't know how to deal with that kind of thing. So I I don't know how we should consider that taught. I'll have | 00:32:01 | |
to kind of defer to you on that. What I'll tell you, Mayor, is I'm familiar with the federal legislation and the case law that it | 00:32:06 | |
has spurned. | 00:32:11 | |
I have a different opinion. | 00:32:17 | |
On the effect of that on what's before the city now than Mr. Billings does, I think it may make the council more comfortable to | 00:32:19 | |
act. | 00:32:23 | |
To have an explanation of the way I view the federal legislation before you take action, if that's your desire, I think you could | 00:32:28 | |
continue this to the 21st meeting. | 00:32:33 | |
And I could have something prepared for you to look at that would explain my view of it. That's. | 00:32:40 | |
Different than what Mr. Billings sees. | 00:32:45 | |
And you could have that in your hands before you decide to take action. | 00:32:47 | |
So the suggestion is to just take a motion to continue this to the 21st. | 00:32:51 | |
I don't know why we. | 00:32:57 | |
Wouldn't do that. Does anybody have an objection to that? | 00:32:59 | |
Do we need a roll call on that? | 00:33:02 | |
To continue? No, you can actually do that just by a voice. Well, OK. | 00:33:04 | |
Would anybody like to make a motion to continue this item to March 21st? | 00:33:08 | |
Consider the the new possible new information regarding federal restrictions. | 00:33:13 | |
Second, OK, you have a motion, a second to continue to the 21st. | 00:33:20 | |
All in favor, Say aye, aye. Any opposed? | 00:33:24 | |
Motion carries unanimously, so we'll continue. | 00:33:28 | |
We'll take a look at the comments you made during public comment and then. | 00:33:31 | |
Bring it back to the Council on the 21st. | 00:33:36 | |
And I would watch on that too, because depending on what we decide. | 00:33:39 | |
I don't know if we'll open it back up for public hearing or not. We'll see what the council wants to do once we get some some | 00:33:43 | |
legal counsel on it. | 00:33:48 | |
OK. Thank you. Thank you. | 00:33:53 | |
Item number 7. | 00:34:00 | |
This is I'll just. | 00:34:04 | |
Well, this is the PID. | 00:34:07 | |
And so we don't have to read it twice. | 00:34:10 | |
Any questions or comments from the Council regarding the resolution 2024-06 before we take a motion on this? | 00:34:14 | |
There be none. I'll be happy to take a motion. Mr. Mayor, I move approval of resolution 2024-06. | 00:34:27 | |
Regarding the creation of Holiday Hills Public Infrastructure District. | 00:34:34 | |
2nd we have a motion in the second. | 00:34:40 | |
We'll go to vote on this Council Member Brewer, yes. | 00:34:43 | |
Councilmember Durham YES, Councilmember Fotheringham YES Councilmember Quinn and Chair Vote Chess and. | 00:34:47 | |
2024.06 is approved. Thank you and umm. | 00:34:55 | |
This started back in December with discussions. There's been a lot of work done. | 00:35:01 | |
To try to get this through in a timely manner, Ginas put a lot of time into this. Todd put a lot of time into it. I know our | 00:35:06 | |
council and. | 00:35:10 | |
Our financial advisors as well as those for the applicants have put a lot of time in as well, so. | 00:35:16 | |
Thanks to everybody for pushing this. Thank you. | 00:35:22 | |
OK, item number 8. This is Resolution 2024-07, Amendments to the moderate Income Housing element of the General Plan. | 00:35:25 | |
I don't think we need to spend a lot of time on this and here we've been through this three different Times Now and it's basically | 00:35:34 | |
including those nine areas that we intend to focus on as it relates to creating moderate income housing inside the city will be | 00:35:41 | |
included in the general plan Chapter 5. | 00:35:47 | |
Any questions? And do you have anything for us other than fielding questions? | 00:35:55 | |
Any questions from council? Comments? | 00:36:00 | |
Just out of curiosity, since the legislative session has just ended, do you know if? | 00:36:03 | |
This area was changed at all by any bills that have just gone through. | 00:36:10 | |
OK. I'm. I'll keep my fingers crossed. Thank you. That's good news. | 00:36:16 | |
Who's going to Mr. Mayor, I move the Council. Consider Resolution 2024-7 amending the moderate income housing element of the | 00:36:25 | |
General Plan. | 00:36:29 | |
2nd We have a motion A second from Councilmember Quinn will go to vote Councilmember Brewer yes, Councilmember Durham yes, | 00:36:35 | |
Councilmember Fotheringham, Councilmember Quinn and Chair Vote Chess and Ann. | 00:36:41 | |
Lots of work, right? | 00:36:48 | |
Thank you very much for all your hard work, Gina, You too, and the staff. | 00:36:50 | |
That was a heavy lift. | 00:36:55 | |
Now we can get to work on accomplishing those nine goals, right? | 00:36:58 | |
All right. Thank you. | 00:37:03 | |
We have a franchise, A franchise agreement we would like to approve. Todd, any comments for council, any clarifying comments on | 00:37:07 | |
the agreement that's in the packet. I will tell you this is generally the standard form you've approved previously. There are some | 00:37:11 | |
changes to it that have been. | 00:37:16 | |
Made based on concerns we've received from. | 00:37:22 | |
Respective franchisees. | 00:37:26 | |
They're non substantive in terms of the requirements for. | 00:37:29 | |
An operator they relate more to the audit provisions of. | 00:37:32 | |
Franchise agreements, which we've never exercised before, but I can recommend this to you. | 00:37:36 | |
Any questions at Todd? | 00:37:43 | |
Take a motion. | 00:37:47 | |
Mr. Chair I. | 00:37:49 | |
I move that we approve Resolution 2024-08 approving and authorizing the execution of a franchise agreement with Teleport | 00:37:53 | |
Communications America, LLC. | 00:37:57 | |
Second motion and a second council member Brewer. Yes. Council member Durham. Yes. Council member Fotheringham. Yes. Council | 00:38:04 | |
member Quinn. Yes. Chair vote yes 2024-C rights approved. Thank you. | 00:38:09 | |
And finally, Resolution 20/24/09, this is advice and consent of appointment of Brent Halliday and Connie Roller to the tree | 00:38:15 | |
committee for terms beginning now and through three, seven of 2027, three-year terms. | 00:38:22 | |
Did you get a motion? Yeah. Mr. Mayor, I move adoption of resolution. | 00:38:33 | |
2020 24-09 Granting advice and consent of the Council for appointment of members of the Tree committee. | 00:38:39 | |
2nd. | 00:38:45 | |
Motion is Second Councilmember Brewer, Yes. Councilmember Durham yes. Councilmember Fotheringham yes. Councilmember Quinn yes and | 00:38:47 | |
Chair votes yes. Those appointments are approved. Thank you Council. The consent agenda are minutes from November 16th, December | 00:38:53 | |
14th, January 4th and 11th. I miss any. | 00:38:59 | |
We got it. Some merry move, approval of the minutes on the dates listed on the agenda. | 00:39:07 | |
Second motion is second. Did we have any edits or comments? I think Drew, you had one. You sent it to Stephanie already. | 00:39:13 | |
OK, we have a motion and a second then all in favor, say aye, aye, aye. Any opposed? | 00:39:21 | |
Consent agenda is approved. | 00:39:28 | |
Thank you, Council City Manager Gina. | 00:39:30 | |
All right. I have only good news and the city manager. | 00:39:37 | |
And I have a lot of it. | 00:39:43 | |
First, our website relaunch went live on Tuesday. That is the culmination of a two year process. | 00:39:46 | |
Our website now works on mobile devices, tablets, desktops and laptops. It's going to be a continual work in progress, so if you | 00:39:56 | |
find something that isn't working or doesn't let look right, please let Stephanie know. | 00:40:02 | |
But I'm really pleased with how it turned out. I hope you are too, and I really want to thank Stephanie publicly for coordinating | 00:40:09 | |
this effort over the last two years. | 00:40:14 | |
As part of our relaunch, our website address has changed. So it's now holiday, utah.gov. | 00:40:20 | |
We're in the process of changing our emails as well for a while, both the old site the old. | 00:40:28 | |
Cityofholiday.com and our existing emails will continue to work. We think this will be at least a six month transition, but that | 00:40:36 | |
was necessitated as part of a state law last year. | 00:40:42 | |
In addition to Stephanie, a lot of staff worked on developing new content for the website folks in the Justice Court. | 00:40:50 | |
Public services and community and economic development. So I want to thank them too for updating that content and that's really | 00:41:00 | |
exciting. | 00:41:04 | |
I have a lot of really good grant news as well. We received an award that I mentioned a couple of weeks ago that we were applying | 00:41:10 | |
for, which was funding for a part-time position for a public health position. | 00:41:18 | |
For three years, and we received that award about three days after we applied for it. | 00:41:27 | |
So we'll bring you more details. I know the council had some specific questions about what that position would do and we'll be | 00:41:36 | |
bringing those to you in the next probably six weeks. | 00:41:41 | |
I think the grant becomes effective in May. | 00:41:47 | |
We also received an award of a little more than $700,000 from Safe Routes to School for phase two of our 27th East. | 00:41:51 | |
Sidewalk Project. This is the section from Warningside to Melanie. We were funded just on the West side of of the 27th East, | 00:42:03 | |
though, but this award will go a long way toward improving pedestrian access and connectivity along 27th East. | 00:42:13 | |
So phase one construction is scheduled to start later this spring and then phase two hopefully next year. | 00:42:23 | |
There is a match and I don't remember off the top of my head what it is. That's fabulous. | 00:42:32 | |
I have more good news. | 00:42:39 | |
So. | 00:42:42 | |
As of right now, our $3.6 million earmark for Highland Drive is still included in the transportation appropriation build at the | 00:42:43 | |
House of Representatives approved yesterday and hopefully the Senate should approve that in the next couple of days. This is for | 00:42:51 | |
the fiscal year, federal fiscal year 24 that started in October. We should have a federal budget. | 00:42:59 | |
Six months later. | 00:43:07 | |
Once that is approved. | 00:43:09 | |
There will still be a process before we receive the funds, but that's still on track, which is good news. | 00:43:12 | |
In addition, from the state legislature. | 00:43:20 | |
This year, we received $1.23 million in a direct appropriation also for Highland Drive. This was part of a larger transportation | 00:43:24 | |
bill that made some changes, including changes to the fifth quarter that we can talk about later, but that's an additional piece | 00:43:32 | |
for Highland Drive that is really good news. | 00:43:39 | |
Then on our trail system, WFRC earlier, well probably 2 weeks ago, it released a ranking of active transportation and trails | 00:43:48 | |
programs. | 00:43:53 | |
And we have two projects that are ranked in the top 13 on that list. I think there are about 60 projects on the list. | 00:43:59 | |
One is a multi city project along 39th South. That's the 39th South Bicycle Lane project. | 00:44:09 | |
Our section from 23rd East to Highland Dr. along the South side is likely to be a complicated and expensive part of that project. | 00:44:19 | |
So my understanding is that other sections, including a section in Mill Creek will probably come first, But it's great news that | 00:44:25 | |
that project was ranked #2. | 00:44:32 | |
And then our. | 00:44:39 | |
I215 pathway that would connect Knudsen and Big Cottonwood Trail to Highland Drive that was ranked 13th. | 00:44:41 | |
So we anticipate state funding will be available shortly and we're really excited by our rankings of these two projects. | 00:44:52 | |
Then in terms of staffing, our new emergency Manager, Allison Jester started Monday. She comes to us from Utah County. | 00:45:00 | |
Emergency Management and we're thrilled to have her on our team. You'll be meeting her in the next couple of months as well. | 00:45:10 | |
And then finally our searches is narrowing for our finance director. I had hoped to make an offer by the 1st of March, but I've | 00:45:17 | |
been a little delayed. | 00:45:22 | |
And expect that I would be making an offer by midweek, next week we have. | 00:45:28 | |
Good candidates and I hope to have someone in place there by the 1st of April. | 00:45:35 | |
Who's doing that in the meantime? | 00:45:40 | |
So we have our outside financial consultant who is processing our payroll and our accounts payable. | 00:45:43 | |
And then we've sort of divvied up. | 00:45:52 | |
The remainder of the functions, the essential functions. | 00:45:54 | |
All right. | 00:46:01 | |
Thanks. | 00:46:03 | |
I will start with you and just work our way down the Council report. | 00:46:05 | |
The only I have. I was out of town for the first since we changed since I took on the Historical Society. So I was I was absent | 00:46:11 | |
for their meeting in February. They have one coming up here in March which I'm looking forward to and I understand that this Doug | 00:46:16 | |
Wright historical series. | 00:46:21 | |
Was that the 11th or the 11th at 7:00 PM here at City Hall then? | 00:46:26 | |
But other than that, that's all that I have to report. | 00:46:31 | |
There's a tree talk at the library on Saturday at 10:30. He'll be on. | 00:46:36 | |
Planting trees that attract birds to your yard. So let your neighbors know about that. And the tree committee is busy planning a | 00:46:44 | |
Harbor Day activities. This year, they're going to be planning for trees at Morningside Elementary. | 00:46:50 | |
Which will be great. | 00:46:56 | |
They the program will be M seed by the students, so they'll want to attend April 26th at 2:00. | 00:46:58 | |
Happy Healthy Holiday is continuing to work on its strategic plan. Megan Bartley, our intern, is out doing community A community | 00:47:08 | |
needs assessment and some interviews to help inform how we would draft the the strategic plan. | 00:47:16 | |
And we have an upcoming event with. | 00:47:24 | |
Sort of the. | 00:47:27 | |
Inauguration of the new signage at the Big Cottonwood Trail. | 00:47:29 | |
That will probably be sometime in mid-May, but it's a. | 00:47:33 | |
Walk. It's a walking, running, biking trail. | 00:47:35 | |
And should be a great asset for the community, so there will be more details coming out on that. | 00:47:39 | |
A week from Saturday is the Arts Council's fine art show. We just, of course, just had our tiny art show in February, which was a | 00:47:47 | |
raging success. But our fine art show is always just as raging as success, and expect this year to be no different. | 00:47:55 | |
So our will be hung and ready to display and and for patrons to to come enjoy it starting a week from Saturday. So that's the 16th | 00:48:03 | |
I believe 16th through the following next week, so 16th through the 23rd. Usually the the Art gallery is open regular hours Monday | 00:48:09 | |
through Friday 8:00 to 5:00 and on Saturday from. | 00:48:15 | |
Of course he knew what time that. | 00:48:22 | |
Starts on Saturday. Is it afternoon? I can't remember. | 00:48:25 | |
I had it up on my phone. | 00:48:30 | |
This is which one? | 00:48:36 | |
Holiday arts. | 00:48:39 | |
I don't show on the calendar. | 00:48:43 | |
An art show? Here it is. | 00:48:50 | |
As let's see open, oh, there's a reception as well on on Saturday night. I think that's what this Saturday opening Saturday is, is | 00:49:02 | |
the evening opening reception. So if you go on Saturday the 16th opening, that's from 6:00 to 8:00 PM where they actually have, | 00:49:08 | |
you know some. | 00:49:13 | |
Hors, d'oeuvres and beverages and such. | 00:49:19 | |
And then Monday through Friday would be the nine to five enjoying it. And then the final Saturday is usually a nine to one and | 00:49:22 | |
then they start picking up the art from there. So yeah, opening Saturday would be Saturday night. | 00:49:27 | |
Hope to see you there. | 00:49:34 | |
That's all I have, OK. | 00:49:37 | |
All right. A little bit of news on the Community Renewable Energy Agency or as we have rebranded it, the Utah Renewable | 00:49:40 | |
Communities. It's a lot easier to say. | 00:49:45 | |
In the legislative session that just ended Senate Bill 214. | 00:49:52 | |
Was a bill only targeting the Community Renewable Energy Agency, luckily. | 00:49:57 | |
With good people like Todd and the Utah League of Cities and Towns. | 00:50:05 | |
It was. | 00:50:09 | |
Changed from the original intent, but it did make one change. | 00:50:11 | |
And that is that. Now new communities are able to join. | 00:50:18 | |
And I think that might even be a good thing, because I don't know if you remember. | 00:50:23 | |
Mayor, you were on the council and Paul, probably. | 00:50:29 | |
When we had to in 2019. | 00:50:33 | |
Sign our. | 00:50:37 | |
Intent to. | 00:50:39 | |
To participate. | 00:50:41 | |
And at that point soon after that it was cut off. So the this I think is going to be a positive change that. | 00:50:42 | |
Under certain conditions. | 00:50:51 | |
Hopefully if the program goes really well, more communities will want to get on board and that could be a really good thing. | 00:50:53 | |
One thing that I did find out recently at a Morningside Community Council meeting is that. | 00:51:04 | |
Let me back up. We all remember when Spring Lane was closed when that announcement was made two years ago. | 00:51:10 | |
At that point, the plan was to look next at the. | 00:51:16 | |
Schools east of where that? | 00:51:22 | |
That boundary study was made. | 00:51:25 | |
And I was surprised that we hadn't heard anything because that study will include several schools in holiday. Apparently what has | 00:51:27 | |
happened is the district felt that there was an area that that had. | 00:51:34 | |
More immediate needs, more immediate concerns, and that is that 3500 S corridor. | 00:51:42 | |
On the West side of the valley and. | 00:51:49 | |
We will be looked at a year from now instead of now, if anybody was curious about that. | 00:51:52 | |
Anyway. | 00:52:00 | |
Yeah, exactly a year respite. | 00:52:02 | |
And that's it. | 00:52:05 | |
All those community, all those. | 00:52:08 | |
Communities, we're happy to let you guys do all the hard work and get it all settled and then when they got comfortable, they said | 00:52:11 | |
they'll jump on board and join in. | 00:52:14 | |
I think that's what it's going to look like. | 00:52:19 | |
I'm being a smart aleck. | 00:52:22 | |
No, that's OK. But like I say, I think it could be a good thing because. | 00:52:24 | |
It will give us that much more money to work with, yeah, no, that was the hope initially and then a couple of big players dropped | 00:52:28 | |
out right out of the gate and. | 00:52:32 | |
Ruin some of the economies, right? But yeah, I think you're right. The more they get in there, the more the costs will be spread | 00:52:37 | |
out and lower the net cost of those that decide to participate, I think exactly. | 00:52:41 | |
OK, very quickly had a ribbon cutting Kimmy's last night and Francis and. | 00:52:48 | |
The business board Advisory Board keeps saying I'm not even going to say IT Advisory Board. | 00:52:55 | |
Had a nice showing there. There's six of them there, I think of the 8. | 00:53:03 | |
And great showing. | 00:53:07 | |
The restaurant turned out. It's beautiful. I don't know, John, if you guys have been down there to see the final TI's, but. | 00:53:09 | |
While they open it up and it's bright and it was packed and it's been packed since they opened. So spread the word. Great new | 00:53:16 | |
restaurant in holiday, great addition. | 00:53:20 | |
You guys have already mentioned just a small note. I don't know if you know Dee Hanson. Ty, do you know what Dee lives by you very | 00:53:28 | |
involved in the baseball community and they're doing a field clean up next Saturday from. | 00:53:34 | |
Looks like about 9:00 to noon. There's a few members of the youth council, I think that need volunteer hours are going to pitch in | 00:53:40 | |
if there's any. | 00:53:43 | |
Kids from the churches that want to do a little volunteer work, I think they've got a pretty good amount of volunteers. They don't | 00:53:47 | |
need a ton. But if somebody wants to pitch in, Thomas agreed to drop a trailer off Friday night. That's our participation and so. | 00:53:53 | |
We're I think we're good. We're not over committing ourselves. | 00:54:00 | |
So anyway, they're going to be getting those fields ready to go for the spring season. | 00:54:06 | |
And wow, I think that's all I have. So I think we'll just. | 00:54:10 | |
Take a recess, take a couple of minute break and then start across the hall with UPD. | 00:54:16 | |
Mr. Mayor, I move. We adjourn City Council and reconvene an work meeting in 5 minutes. Second, all in favor, say aye. We are | 00:54:21 | |
recessed. | 00:54:25 | |
You. | 00:54:34 |