THIS AGENDA IS SUBJECT TO CHANGE WITH MINIMUM 24-HOURS NOTICE

CITY COUNCIL AGENDA

Wednesday, January 11, 2017

NOTICE IS HEREBY GIVEN that the Herriman City Council shall assemble for a meeting in the Herriman City Council Chambers, located at

13011 South Pioneer Street (6000 West), Herriman, Utah. 5:00 PM - WORK MEETING: (Front Conference Room)

1. Council Business 1.1. Review of this evening’s agenda

2. Administrative Reports

2.1. Anthem Development Plan Presentation – Gordon Haight, Assistant City Manager 2.2. West Herriman Development Agreement Presentation – Bryn McCarty, City Planner 2.3. Mobile Vendor Discussion – Wendy Thomas, Director of Parks, Recreation and Events &

Bryn McCarty, City Planner 2.4. Informational City Manager Updates – Brett Wood, City Manager

3. Adjournment

7:00 PM - GENERAL MEETING:

1. Call to Order 1.1. Invocation/Thought/Reading and Pledge of Allegiance 1.2. Council Recognitions 1.3. Mayor’s Comments

2. Public Comment

Audience members may bring any item to the Mayor and Council’s attention. Comments will be limited to two minutes. State Law prohibits the Council from acting on items that do not appear on the agenda.

3. Mayor and Council Comments 3.1. City Council Board and Committee Reports

4. Reports, Presentations, and Appointments

4.1. Presentation by the Utah Municipal Clerks Association (UMCA)

4.2. Jordan School District Report – Darrell Robinson, Jordan School District Board Member

5. Consent Agenda 5.1. Approval of Minutes for August 29, 2016, November 9, 2016 and December 14, 2016

6. Public Hearing

6.1. Public Hearing and Consideration of a resolution to amend the Herriman City 2016-2017 fiscal year budget – Alan Rae, Finance Director

THIS AGENDA IS SUBJECT TO CHANGE WITH MINIMUM 24-HOURS NOTICE

7. Discussion and Action Items 7.1. Discussion and consideration of a text change to the Land Use Ordinance to create a

Technology Manufacturing Zone (File No. 14Z16) – Bryn McCarty, City Planner

7.2. Discussion and consideration of a proposed rezone located at 13846 South 7530 West from A-1 (Agricultural one-acre) to A-.5 (Agricultural half-acre) (File No. 33Z16) – Bryn McCarty, City Planner

8. Calendar

8.1. Meetings January 19– Planning Commission Meeting 7:00 p.m. Cancelled January 19-20 – Special City Council Work Meeting 9:00 a.m.; JATC South Campus,

12723 South Park Avenue, Riverton January 25 – City Council Work Meeting 5:00 p.m.; City Council Meeting 7:00 p.m.

8.2. Events

January 16 – Civil Rights Day; City Offices Closed

9. Closed Session (If Needed) 9.1. The Herriman City Council may temporarily recess the City Council meeting to convene in

a closed session to discuss the character, professional competence, or physical or mental health of an individual, pending or reasonable imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated §52-4-205

10. Adjournment

11. Recommence to Work Meeting (If Needed)

In accordance with the Americans with Disabilities Act, Herriman City will make reasonable accommodation for participation in the meeting. Request assistance by contacting Herriman City at (801) 446-5323 and provide at least 48 hours advance notice of the meeting. ELECTRONIC PARTICIPATION: Members of the City Council may participate electronically via telephone, Skype, or other electronic means during this meeting. PUBLIC COMMENT POLICY AND PROCEDURE: The purpose of public comment is to allow citizens to address items on the agenda. Citizens requesting to address the Council will be asked to complete a written comment form and present it to Jackie Nostrom, City Recorder. In general, the chair will allow an individual two minutes to address the Council. A spokesperson, recognized as representing a group in attendance, may be allowed up to five minutes. At the conclusion of the citizen comment time, the chair may direct staff to assist the citizen on the issue presented; direct the citizen to the proper administrative department(s); or take no action. This policy also applies to all public hearings. Citizens may also submit written requests (outlining their issue) for an item to be considered at a future council meeting. The chair may place the item on the agenda under citizen comments; direct staff to assist the citizen; direct the citizen to the proper administrative departments; or take no action.

I, Jackie Nostrom, certify the foregoing agenda was emailed to at least one newspaper of general circulation within the geographic jurisdiction of the public body, at the principal office of the public body, on the Utah State Public Notice website www.utah.gov/pmn/index.html and on Herriman City’s website at www.herriman.org Posted and Dated this 5th day of January 2017 Jackie Nostrom, MMC City Recorder

S T A F F R E P O R T

DATE: January 4, 2017 TO: The Honorable Mayor and City Council FROM: Bryn McCarty, City Planner Blake Thomas, City Engineer SUBJECT: Staker Development Agreement

RECOMMENDATION: Review the draft of the proposed Development Agreement and give staff any feedback. BACKGROUND: 7300 West is shown on the City’s Transportation Master Plan as an Impact Fee Facility Road. The Master Plan anticipates the road connecting from its current terminus at approximately 14000 South to Rose Canyon Road on the south. Unified Fire Authority owns the parcel where the future road will intersect with Rose Canyon Road and a fire station is planned for this location. This road will provide access and quicker response times for emergency services into the Rose Basin area once the fire station is constructed. UFA will provide the necessary right-of-way for approximately 400 ft of future 7300 West across their property. There are five parcels in addition to the UFA parcel that will be impacted by 7300 West. One of the impacted parcels is part of the Rose Hill Development and will dedicate right-of-way for approximately 500 ft of future 7300 sometime in 2017.

DISCUSSION: The City does not currently own the right of way across 5 parcels to construct 7300 West from 14000 South to Rose Canyon Road. A developer has approached the City and offered to purchase the most impacted parcel and dedicate the necessary right of way to for approximately 580 ft of future 7300 West to the City, in exchange for granting some additional density on 2 other properties. This is an opportunity for the city to obtain the necessary right-of-way without going through the costly process of purchasing property for the future road. The developer has prepared a draft development agreement (DA) for the Council to review. The DA would grant the City approximately 0.85 acres of property for the right of way, and give the developer the right to develop 33 lots on 15 acres. The 15 acres are not adjacent to each other. They are as follows: Kimball property – 16 lots Farley property – 14 lots Pendley property – 3 lots

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This is a density of 2.2 units per acre over the combined 15 acres. Each of the lots would meet the zoning, which requires 10,000 square foot lots with 85 foot widths. ALTERNATIVES: If the Council does not wish to enter into a development agreement, it may be years before the City could afford to buy the right of way necessary to complete the road. Without the development agreement, the Kimball and Farley properties could still be subdivided. They would have to meet the density criteria of the A-.25 zone. They would both likely be able to qualify for 10-12 lots on each of the 5 acre properties. This would result in approximately 24 lots instead of the 30 lots that are being requested. FISCAL IMPACT: None

S T A F F R E P O R T

DATE: January 5, 2017 TO: The Honorable Mayor and City Council FROM: Jackie Nostrom, City Recorder SUBJECT: Approval of Minutes Please see the attached minutes: August 29, 2016; November 9, 2016; December 14, 2016

CITY COUNCIL RETREAT

WORK MEETING MINUTES

Monday, August 29, 2016 Awaiting Formal Approval

The following are the minutes of the Special City Council Work Meeting of the Herriman City Council. The

meeting was held on Monday, August 29, 2016 at 9:00 a.m. in the JATC South Campus Board Room, 12723 South Park Avenue, Riverton, Utah. Adequate notice of this meeting, as required by law, was posted in the Community Center, on the City’s website, and delivered to members of the Council, media, and interested citizens.

Presiding: Mayor Carmen Freeman Council Members Present: Jared Henderson, Nicole Martin, Craig B. Tischner and Coralee Wessman-Moser

Staff Present: City Manager Brett geo. Wood, Assistant City Manager Gordon Haight, Director of Administration and Communications Tami Moody, City Recorder Jackie Nostrom, City Attorney John Brems, Finance Director Alan Rae, Water Director Justun Edwards, UPD Chief Dwayne Anjewierden, Planning Commission Chair Clint Smith, Parks and Recreation Director Wendy Thomas, Events Manager Danie Bills, Economic Development/Senior Planner Heather Upshaw, City Planner Bryn McCarty, Arts Council Chair James Crane, and Arts Council Vice Chair Deb Taylor.

9:00 AM – SPECIAL WORK MEETING:

1. Administrative Reports 1.1. Discussion pertaining to the Arts Council – Wendy Thomas, Director of Parks, Recreation

and Events Director of Parks, Recreation and Events Wendy Thomas offered a recap of what the Arts Council planned throughout the last year, and noted that they were here to discuss how the Arts Council would operate in the future. Arts Council Chair James Crane thanked the Council for the opportunity to present, and introduced Arts Council Vice Chair Deb Taylor. Chair Crane reviewed the history of the Arts Council and recognized that the volunteers are ambassadors for Herriman City. He expressed his sincere appreciation to the Council and City for their support and collaboration. Chair Crane informed the Council of the annual events flyer that is distributed to 3,500 patrons. The quality of the productions brings numerous people to see the beauty of Herriman and support local businesses. Councilmember Nicole Martin asked what advertising venues the Arts Council utilizes. Chair Crane responded that the Council has placed ads in the South Valley Journal, on social media, advertise during live

August 29, 2016 – Special City Council Work Meeting Minutes Page 2 of 7

performances, and through the Herriman City Newsletter. Councilmember Martin suggested that a strategic plan be put in place to engage the crowd to have a more powerful impact on the patrons. She acknowledged the quality of the performances is phenomenal, and the Arts Council should begin to explore ways to get the information out into the community. Mayor Freeman recommended having a matinee production to entice attendance with a younger audience. Chair Crane responded that the Arts Council did have a matinee production for Annie and relayed the positive and negative effects of having an earlier performance. Councilmember Martin indicated that South Jordan Middle School and their community Arts Council have collaborated and created an indoor venue for both entities to utilize. Chair Crane explained that the Arts Council tries to partner with schools whenever possible when the associated rental costs are within the appropriate budget constraints. Councilmember Martin suggested that the City could reach out to the school district to see if a partnership venue could be considered. Councilmember Coralee Wessman-Moser agreed. City Manager Brett Wood noted that he would see if the school district would be supportive of the idea. Mayor Freeman asked about the Arts Council setting up a 501(c)(3). Chair Crane confirmed that the Arts Council would be willing to pursue the non-profit status. He compared the challenges and benefits from the Arts Council perspective to determine what would make the most sense. Some challenges included the lost connectivity to the City and access to City facilities. Some benefits would be utilizing the revenues and expenditures without making a request and would be having ability to market differently. Director Thomas interjected that the timing and balance needs to be addressed in connection with the community as a 501(c)(3) would ultimately change the look and feel of the Arts Council. Councilmember Craig B. Tischner questioned the loss of connectivity. Chair Crane responded that the mission of the Arts Council is to ensure that the productions are well-received by the community and the City Council. He explained that without that mission objectives, some choices may not be as family friendly. Councilmember Tischner suggested that the change in production types would only be different if a new chair was appointed. Mayor Freeman indicated that he would support the Arts Council to stay under the direction of the City if there was a consistent employee to ensure funds are being dispersed appropriately. Chair Crane expressed his passion about the arts and added that the Arts Council would love the opportunity to manage funds and not have to worry about setting up a new enterprise. Councilmember Tischner relayed his appreciation to the Arts Council for what they bring to the community, and expressed his concern about the funding mechanism for the volunteer group. Mayor Freeman indicated that a non-profit status would offer more accountability and flexibility and requested that the Arts Council look toward that direction. Chair Crane stated that the Arts Council does not feel like it is a large enough entity to commence a non-profit status and would be better-received throughout the community by having the City provide venues. He indicated that they would like to work towards the 501(c)(3), but did not have the appropriate amount of funding to make it work. Councilmember Martin questioned if the City was hoping to decrease the financial support to the Arts Council. Councilmember Moser responded that points need to be addressed relating to policy and procedures to facilitate any potential perception issues. She relayed that the intent of the Council is to provide support to the arts as it lends a tremendous value to the community, but also recognized the need to have an organized and properly maintained budget to preemptively reinforce against any reports of frustration. Chair Crane noted that the Arts Council has worked extremely hard to put a process in place and has shown a lot of improvements to tighten up communications. He indicated that the Arts Council would be willing

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to offer a financial report with any level of specificity to the Council, if desired. Councilmember Jared Henderson explained that the accountability of the Arts Council is not at the appropriate level and there should be more transparency on expenditures. Chair Crane disagreed. Councilmember Moser requested to have a full and accurate accounting of support the City has given to the Arts Council including: volunteer hours, City staff allocated hours, expenses, and revenues to be able to see the full picture and plan accordingly. Chair Crane identified several partnerships that offer support to the Arts Council and noted that he would take the request to the Arts Council. He thanked the Council for their time. City Manager Wood expressed his appreciation for the dialogue and indicated that the Arts Council have those numbers captured with the exception of exempt-status employees. Councilmember Henderson indicated that the Council would like to continue to support the arts, and would just need to have the appropriate documentation to show accountability. Finance Director Alan Rae interjected that having the 501(c)(3) status would provide less accountability financially. Councilmember Henderson requested to have a comparative analysis conducted to determine what would be the best course of action. Mayor Freeman asked about the appropriate level of City Council involvement for the Arts Council. City Manager Wood suggested that a Council representative should attend one meeting a month. Councilmember Moser suggested that Council involvement should be a future discussion to determine when it would be deemed appropriate. Chair Crane welcomed their involvement. Mayor Freeman expressed his desire to have a strategic plan developed that would outline the level of authority granted to the City Council for all boards and commissions.

1.2. Visioning discussion for the Herriman Hillside Development – Wendy Thomas, Director

of Parks, Recreation and Events Director Thomas asked the Council to envision the short, medium and long-term amenities that they would like to see implemented on the Herriman Hillside. She relayed the objectives of keeping preservation in mind while focusing on the thoughtful development of Herriman as well as the hillside as a signature community asset and economic driver through tourism, home sales, and commercial desirability. Identifying key short-term and long-term amenities that will promote an active and healthy lifestyle for recreation and leisure and identifying areas that improve non-motorized connectivity between neighborhoods and commercial centers was also highlighted. Director Thomas indicated that once a short term plan has been determined, the City could budget accordingly. Mayor Freeman indicated that county and state funding may be available. Director Thomas confirmed, and noted that a map and budgetary match funding would be necessary. She reviewed results from a survey that had been conducted with 836 respondents. The survey concluded that 92-percent of respondents would like to preserve the land in a relatively natural state for non-motorized usage. Director Thomas displayed a map outlining land purchased by Herriman City for the Army Compatible Use Buffer area. Assistant City Manager Gordon Haight interjected to note that development is very aggressive as targeted land purchased has been sold to developers. Mayor Freeman asked if there has been any further discussion regarding another initiative being on the ballot. Councilmember Moser responded that the initiative was citizen driven, and the City should maintain a neutral stance. Councilmember Martin agreed and suggested educational outreach. City Manager Wood indicated that the group putting together amenity ideas for consideration would like feedback from the Council about the types of recreation the City Council would like to have implemented.

August 29, 2016 – Special City Council Work Meeting Minutes Page 4 of 7

Director Thomas continued with the medium-term plan to consider more affordable amenities like play-scapes and nature retreats that would be easier to implement. Councilmember Martin expressed her support of the amenity as it would offer unique theme that would be cost effective. She questioned what the City would like to capture throughout this area as a fundamental selling package in the community, incorporating businesses and recreation that should be articulated from the City Council standpoint. Director Thomas noted that stakeholder planning will be conducted this year to look into amenities. Mayor Freeman recommended looking beyond the south mountain to come up with a strategic plan for financing and maintaining the perimeter. Councilmember Henderson suggested having a serious discussion to determine what the long-term goal would be first and then work towards short-term goals. Mayor Freeman noted that the City should partner with Camp Williams to help make the trail connection for the Lake Bonneville Trail. Assistant City Manager Haight observed the inability to access trailheads, and noted that having a trailhead is the key to making the amenities work. Mayor Freeman asked about the strategy for getting properties to access the trail system. Councilmember Moser requested that a comprehensive list be provided to identify parcels that could work for trailhead locations.

1.3. City Amenities – Wendy Thomas, Director of Parks, Recreation and Events

Director Thomas reviewed the proposed Utah State University Extension Bastian Agricultural Center to provide education, research and outreach focusing on local heritage and farming practices, life skills for urban populations, and to provide a dedicated space for 4-H and other youth participants to learn. She explained that the area would provide a gathering place for community and civic engagement. Director Thomas continued with the Crane Park and noted that there had been discussions relating to the island amenity. Councilmember Martin asked if there was a problem with the original bridge proposal. Director Thomas responded that the bridge would be too large to be compliant with ADA standards. Mayor Freeman relayed his desire to have patrons throughout the park during the entire year and suggested that the ice track could incorporate roller-blading during the warmer months for a multi-use area. City Manager Wood noted that there have been discussions to create a Home Owners Association or something similar for the attraction to help cover the maintenance cost of vegetation and snow removal. The additional traffic throughout the park area would bring in additional business. Councilmember Martin expressed her support to draw businesses to help pay for maintenance as the walkable area would greatly benefit surrounding businesses. Director Thomas observed the History Walk that would be installed going into the green space with a gazebo, creek, and playground structures would be incorporated into the park area and amphitheatre. Mayor Freeman asked what the slope would be around the amphitheatre. City Manager Wood responded that it would be two-percent to account for drainage, and noted that the amenity would not be a performing arts stage. Director Thomas informed the Council that the concepts are not completely finalized. Director Thomas observed the recommended improvements for the Cove at Herriman Springs to develop the area around the spawning pond that would include the installation of boardwalks, educational components, and open the area to fishing. She continued with the south end of Juniper Canyon Reservoir and Park, and noted that the City would need to purchase a five-acre parcel that is a crucial piece to ensure that this amenity will be viable long term. Director Thomas indicated that the amenity would include Pickleball courts, volleyball courts, playgrounds, and a reception/events center. Water Director Justun Edwards added that water would be pumped from the canal into the reservoir to be used for secondary

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irrigation water. He explained that the water would have to be continually cycled out of the tank to keep the reservoir water fresh. Councilmember Moser indicated that this reservoir would need to have further discussion as a parks project as the maintenance cost incurred would be substantial. Assistant City Manager Haight explained that this location could also be a recommendation for a park trailhead. Councilmember Moser agreed that there is a need for a trailhead parcel; however, would like to have all of the facts prior to allocating funds to a project. She expressed her concern about the elevation of the proposed park and reservoir. A brief discussion commenced regarding the amenities that could be implemented at the proposed project location. Mayor Freeman recommended that the item be discussed at a future meeting. Councilmember Tischner agreed.

1.4. Planning Commission Policies – Gordon Haight, Assistant City Manager & Bryn McCarty, City Planner

City Planner Bryn McCarty informed the Council that staff is in the process of updating the zoning ordinance and is looking for direction relating to the Planning Commission. Councilmember Martin indicated that she would like to see the Planning Commissioner’s roles more clearly defined. Councilmember Henderson agreed and explained that there have been instances that have arose that need clarification. Planning Commission Chair Clint Smith acknowledged that hard decisions have been made by Planning Commissioners due to an ordinance that governs requests. He relayed issues that will always arise, and the difficult situation that it puts on commissioners to require anything different. Mayor Freeman asked if the terms for the Planning Commissioners could be set at three years, and that the Mayor shall appoint the Chair. This was confirmed. Chair Smith relayed the process for the appointment of Planning Commissioners and the internal concern that have been felt by several commissioners. He explained that the Commission is committed and puts in a significant amount of time to help the community. Mayor Freeman requested that an annual review of the commission be conducted to ensure that members understand accountability and to encourage improvement. Chair Smith recommended that the Chair should be present in those types of discussions. Councilmember Moser relayed her concern of the Planning Commission Chair being a Mayor’s appointment as there is a viable nomination process that is conducted within the presiding body of the Planning Commission. She recommended removing the political pressure from the appointment. Chair Smith agreed. Councilmember Henderson asked if the commissioners are required to attend continuing education classes. Planner McCarty indicated that the requirement is not in their policy and procedures, but welcomed the suggestion. Councilmember Moser agreed, and noted that it would hold the commissioners accountable. City Planner McCarty indicated that the alternate positions would be appointed for a one-year term to get a feel if they are integrating and keeping commitments. The Council agreed. The Council discussed the interview process for appointing Planning Commissioners and determined that a staff member, Elected Official, and the Chair/Vice Chair should be in on the interviews. Mayor Freeman requested to have it as part of the written policy. Planner McCarty agreed. Assistant City Manager Haight recommended having an application on the website that would allow interested persons to apply to become a Planning Commission Member at any time. This would allow the City to have a pool of applicants to consider. The Council agreed.

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1.5. Citywide Survey – Tami Moody, Director of Administration and Communications & Nicole Martin, City Council

Director of Administration and Communications Tami Moody informed the Council that the City budgeted $15,000 to cover the cost of a citywide survey. She explained that the price of the contract would vary depending on requested options. The City is working on a formal proposal to outline specific guidelines to let firms know what type of survey will be requested to meet the needs of the community. Mayor Freeman asked how the questions would be vetted. Director Moody indicated that staff would select survey questions based on direction from Council. Director Moody reviewed the four potential firms and associated costs for each provider. She outlined common questions regarding quality of life, activities, recreation, amenities, information sources, what residents would like to know, satisfaction with City direction, satisfaction with City services, safety, and demographic questions. Mayor Freeman asked if there would be an avenue for people who would like to offer input. Director Moody noted that the survey would be random. Councilmember Martin indicated that the citizen survey would be a means of gathering public input to more accurately gauge citizen concerns and sentiment. She expressed the importance of looking into how residents feel about City policy and performance and if the City direction is aligned with citizen interest. Councilmember Martin extended her dedication to conducting this survey on a regular basis to establish appropriate City service delivery and for employees to take pride and increase productivity. Council consensus determined to conduct a full scope of work for the survey.

1.6. Community Coordinator Program – Brett Wood, City Manager & Nicole Martin, City Council

Councilmember Martin offered an overview of the community coordinator program that would allow developers to enhance communication for projects, and observed how the program works for Sandy City to establish a culture of outreach. She stated that the process would not deter development, as early feedback is solicited from impacted residents. The program would remove the City as a proponent and it could maintain a more neutral stance. Mayor Freeman expressed his concern about neighborhood outrage. Councilmember Martin confirmed that neighborhoods may become upset about a specific development, but would give the developer the opportunity to make the necessary changes early on in the vetting process prior to consideration by the Planning Commission. This program would be a bi-product of the community and offer resident involvement opportunities. Mayor Freeman expressed his concern that residents should be educated on land use and development issues as the City cannot decide what is built on each parcel. Councilmember Martin explained that the process would allow the ability to get everyone on the same page and to look at the fundamental issues. Mayor Freeman extended his support of the developers reaching out to the community and listening to concerned residents. Councilmember Henderson clarified that it would be the property owner or developer that would set up the neighborhood meetings. Councilmember Moser noted that the program would have to be researched to have full knowledge of what additional work this program may bring to the City and determine if it would require an additional employee. City Manager Wood responded that it would be researched.

1.7. Discussion relating to the Technology/Manufacturing Park – Gordon Haight, Assistant City Manager

EDCUtah Director of Business Development Erin Laney outlined the importance of having property within the City that is “shovel ready” to bring something more economically beneficial to the community.

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She indicated that property investors often seek large tracts of property to attract particular site selectors for office parks, research and development, or other technology-related companies to locate to that area. Director Laney offered a brief overview of the entitlement process, the plan for power, roads installation requirements, and what the jurisdiction zoning process entails. She explained that anchor tenants seem to look for incentives in order to locate in the area, and added that it is not necessary for the City to be aware of the name of the company in order to make a deal. Mayor Freeman expressed his concern of having knowledge of the tenants coming into the City to consider effects of water, lighting, smell, and excess traffic due to the nature of the business. Assistant City Manager Haight offered an overview of the Technology Manufacturing Park that would have businesses that complement each other. Councilmember Moser expressed her support of the zone, and acknowledged that zoning does not always dictate what businesses land there. The Council expressed their support of the Technology Manufacturing Park.

2. Closed Session

2.1. The Herriman City Council may temporarily recess the City Council work meeting to convene in a closed session to discuss the character, professional competence, or physical or mental health of an individual, pending or reasonable imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated §52-4-205

There was no closed session.

3. Adjournment Councilmember Moser moved to adjourn the City Council work meeting at 3:00 p.m. Councilmember Martin seconded the motion, and all voted aye.

I, Jackie Nostrom, City Recorder for Herriman City, hereby certify that the foregoing minutes represent a true, accurate 

and  complete  record  of  the meeting held  on August 29, 2016.   This document  constitutes  the  official minutes  for  the 

Special Herriman City Council Work Meeting.   

 

 

Jackie Nostrom, MMC 

City Recorder

CITY COUNCIL MINUTES Wednesday, November 9, 2016

Awaiting Formal Approval

The following are the minutes of the City Council Meeting of the Herriman City Council. The meeting was held on Wednesday, November 9, 2016 at 5:00 p.m. in the Herriman City Community Center Council Chambers, 13011 South Pioneer Street (6000 West), Herriman, Utah. Adequate notice of this meeting, as required by law, was posted in the Community Center, on the City’s website, and delivered to members of the Council, media, and interested citizens.

Presiding: Mayor Carmen Freeman Council Members Present: Jared Henderson, Nicole Martin, Craig B. Tischner and Coralee Wessman-Moser

Staff Present: City Manager Brett geo. Wood, Assistant City Manager Gordon Haight, Director of Administration and Communications Tami Moody, City Recorder Jackie Nostrom, City Attorney John Brems, Finance Director Alan Rae, Water Director Justun Edwards, UFA Battalion Chief Riley Pilgrim, Operations Director Monte Johnson, Parks and Recreation Director Wendy Thomas, City Engineer Blake Thomas, Events Manager Danie Bills, Chief Building Official Cathryn Nelson, Human Resources Manager Travis Dunn, Communications Tech Destiny Skinner, Communications Tech Steve Cyr, and Administrative Assistant Shelly Peterson.

5:00 PM - WORK MEETING: (Front Conference Room)

1. Council Business Mayor Carmen Freeman called the meeting to order and welcomed those in attendance.

1.1. Review of this evening’s agenda

2. Administrative Reports 2.1. 5:07:07 PM Animal Control Report – Michelle Jones, Animal Control Officer

Director of Salt Lake Animal Control Services Talia Butler offered a brief synopsis of the services that the Salt Lake County Department of Animal Services provides for member entities and turned the time over to the Animal Control Officer Michelle Jones. Officer Jones noted that she would microchip and vaccinate pets for no cost to the residents.

5:14:25 PM Councilmember Nicole Martin arrived

November 9, 2016 – City Council Minutes Page 2 of 8

Officer Jones continued with the programs that are offered by Salt Lake County relating to youth education, community programs, and pet training. She relayed the challenges that the community faces and how the programs benefit the community. Councilmember Coralee Wessman-Moser thanked Officer Jones for the collaborated effort between Salt Lake County and South Valley Services for services provided.

2.2. 5:37:00 PM Discussion of the Master Development Agreement for the Anthem Master Planned Community – Gordon Haight, Assistant City Manager

5:37:36 PM Councilmember Jared Henderson convened the meeting through electronic means.

Assistant City Manager Gordon Haight presented a video outlining the Master Plan for the Anthem Master Planned Community. Developer Doug Young indicated that he had two proposals that he would like the City Council to consider. The first proposal in the Anthem Development would be to increase the density to 343 units, install an “All Ability Park” as well as a 12 acre dog park, and integrate the development with parks and walkways. The second proposal incorporated 343 detached homes and would change the commercial zoning to generate approximately 1.8 million in tax revenue. He noted that he would like to request that 300 acres be zoned one unit per acre and tie-in Legacy Farm and Utah State, both of which would be located north of Heritage Place. Mayor Freeman recommended that a neighborhood meeting should be conducted to solicit feedback from residents that would be impacted. Developer Young agreed, and noted that he would initiate the meeting. Assistant City Manager Haight referenced the draft design guidelines that were outlined in the development agreement and pointed out the key elements of the document including: 343 Single Family Detached Units, Parks, Trails, a Concept Plan, and that at least 150 units would target senior living. He explained that the last element would require financing for the installation of infrastructure for the 50-acre commercial site that would be reimbursed through TIF funding. City Attorney John Brems informed the Council that the Development Agreement, Design Guidelines and the Financial Element proposal would be considered at the November 30, 2016 Special City Council Meeting.

2.3. 6:01:32 PM Mountain View Economic Development Commission Discussion – Carmen Freeman, Mayor

Mayor Freeman reminded the Council of the Mountain View Economic Development meeting that he attended last month, and noted that the discussions emphasized the development of the Southwest area of Salt Lake County. He explained that the plan would join the Western Growth Coalition to have a united front in an effort to appropriately plan the growth of the area and added that the City should have some “skin in the game.” Councilmember Moser asked for clarification. Mayor Freeman responded that the group would be able to have influence with State Legislatures with issues like the Utah State Prison relocation. Councilmember Nicole Martin noted that that the idea would be great if the state changed how sales tax is distributed. Mayor Freeman suggested that the contribution to the project could have a cohesive working group that would take advantage of the ZAP Tax incentives. Councilmember Moser disagreed, and expressed her concern of “backroom” deals. Councilmember Craig B. Tischner agreed. Councilmember Martin questioned the goals of the coalition. Mayor Freeman responded that the coalition would advocate and attract appropriate retail development and have a say in the dynamics of development. Councilmember Tischner asked if cities would be willing to give up commercial development. Councilmember Martin

November 9, 2016 – City Council Minutes Page 3 of 8

agreed, and added that the coalition would be a great concept if the State of Utah changed how tax monies were distributed. Mayor Freeman advocated for a united voice along the Wasatch Front and suggested that the coalition would allow input from local jurisdictions. Councilmember Moser questioned the purpose of the requested funding and explained that she was not comfortable with a contribution without understanding the intended use of the funds. Mayor Freeman indicated that he would follow up with the Western Growth Coalition.

2.4. 6:28:51 PM Discussion relating to Political Signage – Gordon Haight, Assistant City Manager

Assistant City Manager Haight asked the council for direction regarding what they would like to see in the sign ordinance. City Attorney Brems indicated that the new ordinance would not identify “political signage”. The ordinance would accommodate any signage from a specific starting date to a specific ending date. Councilmember Tischner expressed his support with placing signs along the park strips. Councilmember Moser indicated that property owners reasonably believe that they own the park strip in front of their home. Attorney Brems informed the Council that if they allow signs to be placed in the park strip, this would extend permission to place signage on any City property. Councilmember Martin stated that if the City eliminated placement of political signage, some candidates would not have the opportunity to publicize themselves. Political signs help to educate voters. Councilmember Tischner noted that Utah Department of Transportation (UDOT) adopted a policy that they will not remove political signage unless the placement poses a safety hazard. Councilmember Moser asked if the City would research the UDOT policy language for removing signage.

2.5. 6:44:34 PM Present the draft Economic Plan – Gordon Haight, Assistant City Manager Assistant City Manager Haight distributed a copy of the draft Economic Plan for the Council to review, and noted that the plan would be presented to the Council at a later date for consideration.

2.6. Informational City Manager Updates City Manager Brett Wood offered an update on the City Hall construction.

3. 6:53:53 PM Adjournment Councilmember Moser moved to adjourn the City Council work meeting. Councilmember Tischner seconded the motion, and all voted aye.

7:00 PM - GENERAL MEETING:

1. 7:06:54 PM Call to Order Mayor Freeman called the meeting to order, and welcomed those in attendance.

1.1. 7:07:56 PM Invocation and Pledge

The Invocation was offered by Scout Jeff Gerdine and the Pledge of Allegiance was led by Scout Troop #1760.

1.2. 7:12:08 PM Approval of Minutes September 28, 2016 & October 26, 2016

Councilmember Moser moved to approve the minutes of September 28, 2016 and October 26, 2016 as written. Councilmember Martin seconded the motion, and all voted aye.

November 9, 2016 – City Council Minutes Page 4 of 8

1.3. 7:09:40 PM Council Recognitions

Councilmember Moser congratulated the Herriman High School band of their five first place victories under the new conductor. Councilmember Martin recognized Providence Hall Junior High School for their media attention from the transformation of their school to the Hogwarts School of Witchcraft and Wizardry from the J.K. Rowling’s Harry Potter series.

1.4. 7:09:55 PM Mayor’s Comments Mayor Freeman offered condolences to the Andrew Drisdom family. He expressed his appreciation to the Unified Police Department for their community involved Halloween Party, and congratulated Herriman High Varsity and Junior Varsity Rugby teams on their State title. Mayor Freeman informed the audience that the Jordan School District Bond passed. Mayor Freeman noted that he would like to inform residents that with City Hall being constructed, Herriman City has approved two additional crosswalks to be installed along Herriman Main Street on each side of the new City Hall to add an additional level of safety and protection in the area.

2. 7:12:30 PM Public Comment There were no comments offered. 3. Mayor and Council Comments

3.1. 7:14:11 PM City Council Board and Committee Reports Councilmember Tischner indicated that the Wasatch Front Waste and Recycling District has requested a fee increase that will be discussed later in the meeting.

4. Reports, Presentations, and Appointments

4.1. 7:14:38 PM Introduction and Oath of Office for the 2016-2017 Youth Council – Coralee Wessman-Moser, City Council/Youth Council Liaison

Councilmember Moser informed the audience that in July 2016, Herriman City Youth Council recruited new members. The Youth Council volunteers for activities and service projects within the community. She introduced each member of the 2016-2017 Youth Council: Aaron Burningham, Abby Kynaston, Abigail Chapman, Danielle Fisher, Emily Tanner, Gabi Sudweeks, Jaden Bennett, Kala Hyte, Liam Hyte, Maddy Morgan, McKenna Ingleby, Nicholas Chevalier, Niko Chapman, Quaid Green, Rachel Hale, Ruth Barnum, Sellianda Rome, Tanner Vasica, Tate Williams, Teighan Davis, and Tyler Davis. City Recorder Jackie Nostrom administered the Oath of Office for the 2016-2017 Youth Council. Councilmember Moser extended her gratitude to the Youth Council for their service.

4.2. 7:26:21 PM Garden Chair Appreciation Presentation – Wendy Thomas, Director of Parks, Recreation and Events

Director of Parks, Recreation and Events Wendy Thomas expressed her appreciation to Garden Chair Trish Slussar for her four seasons of dedication to building up the community garden and ensuring that patrons followed through with their commitments. Ms. Slussar extended her gratitude to the Council and staff for their support of the Community Garden. She indicated that this growing season was the third year of offering donation of produce to the Riverton Senior Center. Over 100 pounds of produce had been

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donated in 2016. The Council expressed their appreciation for her service to the community. Applause was offered.

4.3. 7:31:35 PM Introduction of new Unified Police Department Officers – Dwayne Anjewierden, Chief of Police

Chief Anjewierden introduced two new officers that have been recruited to the Herriman Precinct: Patrol Officer Allison Horn and Officer Robert Osmond. Unified Fire Authority Battalion Chief Riley Pilgrim introduced Station 103 B Platoon Chief Rob Ayers, and noted that he will be a great addition to the Herriman team. Mayor Freeman thanked them for their service, and relayed that the Unified Fire Authority and Unified Police Department are an integral part of Herriman City.

4.4. 7:36:42 PM Recognition of Events and Recreation Manager Danie Bills – Wendy Thomas, Director of Parks, Recreation and Events

Director of Parks, Recreation and Events Wendy Thomas expressed her appreciation to Events and Recreation Manager Danie Bills as she submitted her formal resignation after being employed with Herriman City for over 13 years. Director Thomas displayed a presentation to honor Manager Bills. City Manager Brett Wood expressed his appreciation to Manager Bills, and recited a letter signed by Mayor Carmen Freeman. Applause was offered. The Mayor and Council thanked Manager Bills for her service to Herriman City and wished her well with her future endeavours.

4.5. 8:17:35 PM Presentation of the Herriman City Fiscal Year 2015-2016 Financial Audit – Alan Rae, Finance Director

Finance Director Alan Rae offered a brief overview of the comprehensive financial annual report and turned the time over to Auditor Rob Wood for his report. Auditor Wood informed the Council that his audit concluded a clean opinion in the unmodified report. He reviewed a technical finding that was the only finding in the budget that recognized the funding but not the refunding bonds.

Councilmember Tischner moved to reorder the agenda to have item 6.1 be discussed next. Councilmember Moser seconded the motion, and all voted aye. 5. Consent Agenda

5.1. 8:44:17 PM Approval of a resolution approving updates to the Policy and Procedure Manual – Travis Dunn, Human Resources Manager

Councilmember Moser moved to approve the consent agenda with the following modification: to strike the word “on” in the first sentence and to insert the phrase “City Attorney” after Human Resources to read “Human Resources, City Attorney, and/or City Manager as needed”. Councilmember Martin seconded the motion. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously.

November 9, 2016 – City Council Minutes Page 6 of 8

6. Discussion and Action Items 6.1. 8:35:44 PM Discussion and consideration of a resolution expressing support of a fee

increase for new homes for Wasatch Front Waste and Recycling District – Pam Roberts, Executive Director

Wasatch Front Waste and Recycling District (WFWRD) Executive Director Pam Roberts thanked the Council for the opportunity to present this resolution. She noted that Councilmember Craig B. Tischner is the Herriman representative of the WFWRD Administrative Control Board. The Board previously approved an adjustment of the fees paid by contract customers for waste and recycling services. Director Roberts presented the proposed amended fee schedule to charge contract services five dollars per container per month, one dollar per side load can per month, and enact a $50 fee for new customers to help offset the cost of waste and recycling cans furnished. She expressed her appreciation to the Council for their consideration. Councilmember Tischner moved to approve Resolution. R40-2016 expressing support of a fee increase for new homes for the Wasatch Front Waste and Recycling District. Councilmember Martin seconded the motion. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously. Councilmember Tischner thanked Director Roberts for her diligent work.

6.2. 8:48:35 PM Discussion and consideration of a text change to the Sign Ordinance for Large Commercial Signs (File No. 14Z16) – Bryn McCarty, City Planner City Planner Bryn McCarty noted that the City Council and Planning Commission have discussed making changes to the sign ordinance to allow larger signs for certain commercial projects. The Anthem Design Guidelines were recently adopted by the City Council and show several larger signs being placed along Mountain View Corridor. The ordinance now needs to be amended to allow these type of signs. The draft ordinance would allow for signs on commercial projects larger than 40 acres to be approved with Design Guidelines and an approved Development Agreement. The text change is for on-premise signs and would not permit off-premise signs. Councilmember Tischner moved to approve Ordinance No. 2016-39 approving a text change to the Sign Ordinance for Large Commercial Signs. Councilmember Moser seconded the motion.

The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye

November 9, 2016 – City Council Minutes Page 7 of 8

Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously. 7. 8:59:09 PM Calendar

7.1. Meetings

November 17 – Planning Commission Meeting 7:00 p.m.

November 30 – Special City Council Meeting 5:00 p.m.

7.2. Events

November 11 – Veterans’ Day

November 24-25 – Thanksgiving Holiday; City Offices Closed

10. 9:00:05 PM Recommence to Work Meeting (If Needed) Events and Recreation Manager Danie Bills offered event highlights for 2016.

8. 9:14:59 PM Closed Session (If Needed)

8.1. The Herriman City Council may temporarily recess the City Council meeting to convene in a closed session to discuss the character, professional competence, or physical or mental health of an individual, pending or reasonable imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated §52-4-205

Councilmember Moser moved to temporarily recess the City Council meeting to discuss the character, professional competence, or physical or mental health of an individual, pending or reasonably imminent litigation, and the purchase, exchange or lease of real property as provided by Utah Code Annotated §52-4-205. Councilmember Tischner seconded the motion. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously. The Council reconvened to the City Council work meeting at 10:18 p.m.

9. Adjournment

Councilmember Moser moved to adjourn the City Council Work Meeting at 10:18 p.m. Councilmember Martin seconded the motion, and all voted aye.

I, Jackie Nostrom, City Recorder for Herriman City, hereby certify that the foregoing minutes represent a true, accurate 

and complete  record of  the meeting held on November 9, 2016.   This document constitutes  the official minutes  for  the 

Herriman City Council Meeting.   

 

 

November 9, 2016 – City Council Minutes Page 8 of 8

Jackie Nostrom, MMC 

City Recorder

CITY COUNCIL MINUTES

Wednesday, December 14, 2016 Awaiting Formal Approval

The following are the minutes of the City Council Meeting of the Herriman City Council. The meeting was

held on Wednesday, December 14, 2016 at 5:00 p.m. in the Herriman City Community Center Council Chambers, 13011 South Pioneer Street (6000 West), Herriman, Utah. Adequate notice of this meeting, as required by law, was posted in the Community Center, on the City’s website, and delivered to members of the Council, media, and interested citizens.

Presiding: Mayor Carmen Freeman Council Members Present: Jared Henderson, Nicole Martin, Craig B. Tischner and Coralee Wessman-Moser

Staff Present: City Manager Brett geo. Wood, Assistant City Manager Gordon Haight, City Recorder Jackie Nostrom, City Attorney John Brems, Finance Director Alan Rae, Water Director Justun Edwards, UFA Battalion Chief Riley Pilgrim, Unified Police Chief Dwayne Anjewierden, Operations Director Monte Johnson, Parks and Recreation Director Wendy Thomas, City Engineer Blake Thomas, Chief Building Official Cathryn Nelson, Communications Tech Destiny Skinner, and Communications Tech Steve Cyr.

5:00 PM - WORK MEETING: (Front Conference Room) 1. 5:01:16 PM Council Business Mayor Freeman called the meeting to order.

1.1. Review of this evening’s agenda

2. Administrative Reports

2.1. 5:10:17 PM Legislative Report – Tami Moody, Director of Administration and Communications

Lobbyist Chris Bleak offered an overview of the anticipated items for the 2017 Legislative Session. Looking at the budget perspective, the state is in a strong position with budget revenues being up to $287 Million. The governor prioritized excess dollars with a significant portion going towards education and public safety. Lobbyist Bleak informed the Council that the Point of the Mountain Development Commission met to begin the draft of the master plan and transportation infrastructure to support growth of the area. He relayed the impact that the plan would have on Herriman City relating to Mountain View Corridor and

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explained that he would not anticipate seeing any legislation relating to this as the commission is in the initial stage. Lobbyist Bleak noted that there have been discussions held between cities and lobbyists regarding transportation bonds that could accelerate current projects to expand future proceeds for other projects. He added that the governor did not include any bonding on his budget proposal, and the state has done an excellent job reducing bond obligations over the last five to six years. Lobbyist Bleak suggested that there would be legislation to clarify when items could be referred, and what cities could do in light of a referendum. He thanked the Utah Leagues of Cities and Towns for working on the item and relayed how positive this piece of legislation would be viewed. Lobbyist Bleak continued with the Local Service District issue of the perspective of districts raising fees without the approval coming from the proper authority. He noted that there would most likely be a task force assigned to review this legislation as there would be different policy implications during the interim. Mayor Freeman expressed his disapproval of the proposed bill that would essentially make each district board irrelevant. Lobbyist Bleak responded that the districts create a larger efficient area by collaborating with multiple jurisdictions to get things accomplished. Mayor Freeman asked about HB 348 relating to the shortened sentences for inmates convicted of drug charges. He relayed his concern that inmates could be released prematurely and be displaced into communities without the proper rehabilitation. Lobbyist Bleak noted that there is a substantial push to look to treatment first rather than incarceration for drug crimes. The problem comes from the lack of funding for treatment which ultimately avoids the problem rather than looking for solutions. The State is aware of the need for funding.

2.2. 5:01:42 PM Discussion about Thought/Reverence – Brett geo. Wood, City Manager

City Manager Brett Wood referred to the Powers and Duties Handbook relating to prayer in public meetings, and noted that the City would like to update the policy that had been approved in 2003. He explained that Salt Lake City was challenged on the practice of opening a city council meeting with prayer. Ultimately, the court determined that prayer was a religious exercise; however, it was constitutional based on their adopted policy and neutrality. City Attorney John Brems informed the Council that this policy revision is a small portion of a larger policy for City Council Rules and Procedures, and requested feedback. Councilmember Coralee Wessman-Moser confirmed that the City should have the availability open for the public and not place staff in an awkward situation. City Manager Wood agreed. Councilmember Moser suggested that the coordination process for the Reverence should be previously scheduled. Attorney Brems added that if the individual that was going to participate in the opening ceremony does not show up, the Council should just skip that specific agenda item. City Manager Wood indicated that he would bring the policy back in January for consideration. Councilmember Moser suggested beginning to work under this guidance until formal adoption.

2.3. 5:37:40 PM Discussion pertaining to the appropriation of funds for Appraisals –

Wendy Thomas, Director of Parks, Recreation and Events Director of Parks, Recreation and Events Wendy Thomas informed the Council of the need to conduct two appraisals for ACUB purchases, and requested to utilize monies from Park Impact Fees to purchase the

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appraisals. The Council expressed their support of the transfer, and asked for Director Thomas to pursue a reimbursement of the appraisal.

2.4. 5:41:48 PM Fort Herriman Entertainment Options – Wendy Thomas, Director of Parks,

Recreation and Events Director of Parks, Recreation and Events Wendy Thomas reviewed concert options and associated costs. Councilmember Craig B. Tischner informed the Council that he has received several requests for a concert that would accommodate for an adult audience. Councilmember Nicole Martin asked if it would be possible to share a venue with a sister city to benefit two municipalities. Director Thomas indicated that the option could be viable if there was not an issue with specific dates for either jurisdiction.

5:47:29 PM Councilmember Jared Henderson arrived Council consensus determined to stay within the allocated budget this year, and possibly look into having a larger event the first year after being in the new City Hall and the community park or the upcoming 20th anniversary of Herriman City. Councilmember Tischner requested to inquire about the cost to have Peter Breinholt perform.

5:52:24 PM Mayor Freeman was excused

2.5. 5:58:28 PM McCuiston Safe Walking Route – Blake Thomas, City Engineer City Engineer Blake Thomas oriented the Council as to the location for the proposed Hamilton Subdivision and Storm Drain Project. The Developer would provide a safe walking route from 7530 West to 7300 west as well as a portion of McCuiston Road. The Storm Drain project will also include provisions for a paved walking route for the remaining portions of McCuiston Road. Engineer Thomas reviewed the project cost of $449,376 that would be reimbursed to the developer through a reimbursement agreement. The project would eliminate existing retention ponds and liability, and provide outfall for future developments. The developer would have the ability to acquire right-of-way for improvements to be installed along McCuiston road, which would enhance the safe walking route to Butterfield Canyon Elementary School. Engineer Thomas asked the Council if they would consider this item in a future budget amendment. The Council agreed.

2.6. 6:26:21 PM Planning Update – Bryn McCarty, City Planner

City Planner Bryn McCarty informed the Council that the Planning Commission voted to move forward with an investigation and schedule a public hearing to consider revoking the conditional use permit for Beef Hollow (File No. 09C09). The Planning Commission also approved the final subdivision and Planned Unit Development of 66 single-family lots located at 4700 West Juniper Crest Road, a proposed Home Occupation for a dance studio located at 6349 West Dillan Circle, the proposed Indoor and Outdoor storage facility at 16000 South 2150 West (Rockwell Landing Phase 2), and the Subdivision and Planned Unit Development for Miller Crossing pod seven. Planner McCarty reviewed the pending Planning Commission approvals including: the proposed reception center at 1400 South Rosecrest Road, the final subdivision and Planned Unit Development for 282 units known as the South Hills pod 2, the proposed convenience store at 5566 West Main Street, and the

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proposed subdivision and Planned Unit Development of 96 townhomes at 12100 South 5400 West. City Planner McCarty reminded the Council of the several changes that had been made to the text of the Land Use Ordinance to create a Technology and Manufacturing Zone. She indicated that all of their requested revisions have been incorporated into the ordinance, and will come back for approval. Planner McCarty reviewed the text change to the Land Use Ordinance to create a Low Density Agricultural Zone, and noted that this item would be discussed in further detail in January as staff is looking for more clarification.

2.7. 6:09:16 PM Engineering Update – Blake Thomas, City Engineer City Engineer Thomas reported on the Hi-Country I access concern and disseminated the note on the plans requiring the developer to provide access. The developer and the Home Owners Association are working on a solution together for the access to ensure functionality. Engineer Thomas continued with the bid opening for the Main Street Connector Phase I, and noted that bids were being reviewed with an anticipated notice to proceed in January 2017. The design for phase two of the project is 75-percent complete. Councilmember Jared Henderson asked what started the clock on the commercial construction in the area. Assistant City Manager Gordon Haight indicated that the timeframe is when the construction begins on phase two; however, there are right-of-way issues being addressed. Engineer Thomas informed the Council that segments one and two of Academy Parkway and the REAL Salt Lake Complex are paved. Segment three will be paved in the spring or early summer. The Copper Mountain Middle School proposed a High-Intensity Activated CrossWalK (HAWK) signal to benefit the middle school students, the pedestrians walking to church, as well as the access between neighborhoods and developments. The concerns that surround the proposal are that Anthem Park Boulevard is five lanes wide, the speed limit at the crossing location is 40 MPH, and the increasing number of residents living on the east side of Anthem Park Boulevard. The anticipated cost of the project is $90,000. Salt Lake County could install the signal during summer break.

2.8. 6:47:26 PM Survey Proposals for the Community Survey – Tami Moody, Director of Administration and Communications City Manager Wood presented the survey proposals and asked the Council to review and offer feedback on the community survey. He indicated that this item would be reviewed at the January 11, 2017 meeting for approval to move forward. 3. 6:51:28 PM Adjournment Councilmember Martin moved to adjourn the City Council work meeting. Councilmember Tischner seconded the motion, and all voted aye.

7:00 PM - GENERAL MEETING:

1. 7:01:29 PM Call to Order Mayor Freeman called the meeting to order, and welcomed those in attendance.

1.1. 7:02:03 PM Reverence and Pledge of Allegiance

The Pledge of Allegiance was led by City Recorder Jackie Nostrom.

1.2. 7:02:05 PM Approval of Minutes November 30, 2016

December 14, 2016 – City Council Minutes Page 5 of 13

Councilmember Martin moved to approve the minutes of November 30, 2016 as written. Councilmember Tischner seconded the motion, and all voted aye.

1.3. 7:02:23 PM Council Recognitions

Councilmember Craig B. Tischner complimented staff on the great success of the first annual Candy Cane Hunt.

1.4. 7:02:40 PM Mayor’s Comments Mayor Freeman informed the audience that he met with Miss Herriman Contestant Aubrey Mansfield and presented her Courageous award. He noted that Herriman City received $3,767.50 in recognition of completing the Trust Accountability Program. He also recognized City Recorder Jackie Nostrom for achieving the Master Municipal Clerk designation. Mayor Freeman congratulated Cody Stromberg on his promotion to Sergeant in the Unified Police Department. 2. 7:04:19 PM Public Comment Mike O’Rourke expressed his opposition to the removal of the open space on the west side of Miller Crossing pod 14. This area was the neighboring development “buffer space” between the higher density development. He also noted that the removal of the open space would also cut off access to the park directly from Turret Arch Lane. Mayor Freeman directed Mr. O’Rourke to City Planner Bryn McCarty.

3. 7:08:06 PM Mayor and Council Comments 3.1. City Council Board and Committee Reports

Councilmember Moser reported that the Unified Fire Authority extended a job offer to the chief of Jackson County Fire District No. 3 Dan Petersen effective January 17, 2017. Mayor Freeman expressed his appreciation to Councilmember Moser for the hours of dedication that she provided in the interviewing process. Mayor Freeman indicated that he met with Col. Price of Camp Williams who has instigated meetings with Mayors that surround Camp Williams to strengthen relationships with the base. He also noted that the South Valley Sewer District reported that 17 million gallons of water are cleaned up daily and are considered usable only to be deposited in the Jordan River, and Herriman residents contribute 2.2 million gallons daily. Mayor Freeman expressed his concern about wasting water because of the salt content, and encouraged everyone to use water softeners that don’t use salt. Mayor Freeman informed the audience that the Salt Lake Valley Law Enforcement Service Area (SLVLESA) will encompass a larger area as townships will be incorporated on the board. Councilmember Martin reported that she attended the first meeting of the Point of the Mountain Development Commission to discuss the master plan of the redevelopment of the prison site and surrounding acreage. She indicated that the City will take an active role to ensure that the City’s best interests are represented. She indicated that the Commission is looking for public input and encouraged individuals to share their ideas at https://pointofthemountainfuture.org/.

4. Reports, Presentations, and Appointments

4.1. 7:15:40 PM Introduction of Garden Committee Chair – Wendy Thomas, Director of Parks, Recreation and Events

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Director Thomas introduced the recently appointed Garden Committee Chair Shauna Heiner and offered a brief background. Director Thomas expressed her excitement to have Chair Heiner participate with the committee and thanked her for her service. Mayor Freeman asked how the committee determines the owner of each plot. Chair Heiner relayed the process to the Council.

4.2. 7:18:19 PM Presentation of the Economic Plan – Gordon Haight, Assistant City Manager Consultant Benjamin Becker thanked the Council for the opportunity to present the Economic Plan and reviewed the items of discussion. Significant commercial growth will be anticipated for Herriman and surrounding communities in the next five to ten years. Herriman has notable potential for residential expansion, as well as attracting headquarter facilities and major employment centers. Financial feasibility indicates that office, light industrial manufacturing, and retail uses are presently possible. Sales leakage notes significant opportunities for Herriman to capture retail spending dollars. Statistics indicate that retail possibilities for auto dealerships, sporting goods, entertainment options, and restaurant uses are viable. Several businesses have noted the need for a restaurant area. A large portion of the future development exists adjacent to Mountain View Corridor. Consultant Becker displayed the statistics for sales leakage, and indicated that rooftops precede commercial development and Herriman has been establishing the population base to show the need for commercial development. He recommended specific areas to target sales leakage including motor vehicle sales, big box retail stores, and dining services that should be pursued. The greatest emphasis for new retail and business park development should be placed upon the frontage sections of the Mountain View Corridor.

5. 7:53:14 PM Consent Agenda

5.1. Approval of the Monthly Financial Report – Alan Rae, Finance Director

5.2. Approval of an Interlocal Cooperative Agreement with Salt Lake County for Traffic Signal Maintenance – Monte Johnson, Operations Director

Councilmember Moser moved to approve the Consent Agenda as written. Councilmember Martin seconded the motion. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously. 6. Discussion and Action Items

6.1. 7:55:46 PM Discussion and consideration of a Resolution appointing a Mayor Pro Tempore – Brett Wood, City Manager

City Manager Brett Wood informed the Council that Utah State law provides that the governing body may elect a member of the governing body to preside over the meeting if the Mayor is absent, unable, or refuses to act. He asked the Council for nominations. Mayor recommended Councilmember Coralee Wessman-Moser for consideration.

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Councilmember Martin moved to approve Resolution No. R42-2016 electing Councilmember Coralee Wessman-Moser as Mayor Pro Tempore for the 2017 calendar year. Councilmember Henderson seconded the motion. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously.

6.2. 7:58:01 PM Discussion and consideration of an ordinance authorizing a text change to the Land Use Ordinance §10-4-1 relating to Planning Commission (File No. 20Z16) – Bryn McCarty, City Planner

City Council Bryn McCarty reminded the Council of the recommended changes to the Planning Commission ordinance. The first revision was to change the length of terms for Alternate Planning Commissioners from three-years to one-year. Secondly, the Council recommended revising the ordinance as it related to the removal of Planning Commissioners. The current ordinance states that the members of the Planning Commission may be “removed for cause by the Mayor, upon written charges and after a public hearing”. The revision would allow the City Council to remove any member if it would be in the best interest of the City. Planner McCarty indicated that the Planning Commission discussed the proposed text and recommended adding the phrase “Due to performance” at the beginning of the section. She relayed their recommended approval of the amendment. Councilmember Moser agreed that performance would be an obvious reason to dismiss a Planning Commission member; however, she expressed her concern that the statement would be too restrictive and would not allow removal of a Commissioner if there was an ethical issue, conflict of interest, attendance, or performance not related to official duties. She stated that an appointed member of the Planning Commission represents the City, and their conduct should be reflected accordingly. Councilmember Moser iterated that no Planning Commissioner would be dismissed as a political statement. Planner McCarty agreed. Councilmember Moser recommended removing “Due to performance”. Mayor Freeman suggested consistent verbiage that would indicate that the Mayor, with the advice and consent of the City Council. Councilmember Moser moved to approve Ordinance No. 2016-41 authorizing a text change to the Land Use Ordinance §10-4-1 relating to Planning Commission striking the phrase “due to performance,” and insert the following phrase “The Mayor, with the advice and consent of the City Council may remove any member of the Planning Commission.” Councilmember Martin seconded the motion. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye

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Mayor Carmen Freeman Aye The motion passed unanimously.

6.3. 8:09:27 PM Discussion and consideration of a proposed amendment to the approved Miller Crossing PUD to adjust the location of the open space (File No. 38C14) – Bryn McCarty, City Planner

Planner McCarty informed the Council that the developer has requested to amend their Development Agreement for Miller Crossing Pod 14 to adjust the location of the open space. She relayed the Planning Commission recommendation to approve the amendment to the Planned Unit Development. Councilmember Henderson asked for clarification for the reduction of density in pod 14. Developer Lynn Bowler responded that the units were reduced by 23, and the park was relocated to centralize access to benefit the residents of this development. He explained that the builder for the development conducted a market study and concluded that larger townhouses would sell better, and they requested the proposed layout. Councilmember Martin reiterated the concern of resident Mike O’Rourke that the original plan would serve as a buffer between the two developments. Councilmember Moser asked if there was a trail access within this development, and suggested that could be incorporated between the two developments. Planner McCarty confirmed. Councilmember Henderson expressed his desire to tie the reduction of units to the development. Developer Bowler expressed his concern with the amendment automatically reducing the density in the area due to the off chance that the builder cannot complete the project. Councilmember Moser moved to reorder the agenda to have this item considered following item 6.10 for the developer and legal counsel to come up with a solution. Councilmember Martin seconded the motion, and all voted aye. 9:02:57 PM City Attorney Brems suggested that the Council readopt the Development Agreement for only pod 14 and include the amended map with legal description, notate that this specific amendment would reduce the units by 23, and include the provision for approved trail access connection to Midas Creek conveyed to the City. The amended agreement could be turned over to the developer, and if the project moves forward, it will be their responsibility to have it recorded with the Salt Lake County Recorder’s Office. Developer Bowler agreed. Councilmember Moser moved to approve Resolution No. R43-2016 readopting the Miller Crossing Development Agreement between Herriman City and Miller Crossing identical to the current one with the following exceptions: the development agreement will be for pod 14 with the amended map and legal description only. The maximum number of residential units shall be reduced by 23 units. The trail will be developed and approved by the Planning Commission and conveyed to Herriman City. Councilmember Martin seconded the motion. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye

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Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously.

6.4. 8:29:35 PM Discussion and consideration of a proposed rezone for Blomquist located at 7347 W Hi Country Road from A-1 (Agricultural – Single Family/Animals allowed on 1 acre min) to A-.5 (Agricultural – Single Family/Limited Animal Uses on .5 acre min) (File No. 29Z16) – Bryn McCarty, City Planner

City Planner McCarty indicated that this property had been subdivided several months ago into one-acre lots. The property owner requested to rezone the property to develop half-acre lots. Councilmember Moser asked if a traffic study had been conducted. City Engineer Thomas responded that there is not enough traffic at the location to warrant a study. Councilmember Moser observed that the east lot does not provide an outlet on the main road. Engineer Thomas noted that there would be a private road, and that the lot sits adjacent to the existing road. Councilmember Henderson suggested that the parcel map would indicate that the lot would be a flag lot. Engineer Thomas indicated that there is a prescriptive easement. Councilmember Moser indicated that she was uncomfortable with rezoning the property until further information is available including the subdivision layout, a report from staff regarding access prescribed by ordinance, fencing requirements, and how access to the four parcels would be achieved to the roadway. The Council agreed. Councilmember Moser moved to continue the proposed rezone for Blomquist located at 7347 West Hi Country Road from A-1 (Agricultural) to A-.5 (Agricultural half-acre). Councilmember Tischner seconded the motion, and all voted aye.

6.5. 8:39:46 PM Discussion and consideration of a resolution approving an Interlocal Cooperative Agreement between Salt Lake County and Riverton City for a Traffic Signal – Blake Thomas, City Engineer

City Engineer Thomas informed the Council that the original Interlocal Agreement included an amount for the project, but that amount has been exceeded. The budget for the project that had been approved by the City Council would not be an issue, or require a budget amendment. Engineer Thomas noted that this amendment to the agreement would change documentation for Salt Lake County bookkeeping purposes, and reiterated that there would be no impact to Herriman City budget for the completion of the project. Councilmember Henderson moved to approve Resolution No. R44-2016 approving an Interlocal Cooperative Agreement with Salt Lake County and Riverton City for the installation of a traffic signal at 13400 South 5200 West/Morning Cloak Way. Councilmember Martin seconded the motion. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously.

December 14, 2016 – City Council Minutes Page 10 of 13

6.6. 8:41:21 PM Discussion and consideration of a proposed rezone located at 7211 West 13320 South from A-1 (Agricultural one-acre) to A-.50 (Agricultural .5 acre) (File No. 32Z16) – Bryn McCarty, City Planner

Planner McCarty noted that this request to rezone the property was a result of a portion of the property being dedicated to Herriman City which left the parcel under one-acre. The Planning Commission recommended approval of the rezone with the Zoning Condition of one unit and to maintain all animal rights for the A-1 zoning designation. Councilmember Moser moved to approve Ordinance No. 2016-42 rezoning property located at 7211 West 13320 South from A-1 (Agricultural 1-acre min) to A-.50 (Agricultural .5-acre min )with the Zoning Condition of one unit and to maintain all animal rights for the A-1 zoning designation . Councilmember Tischner seconded the motion. (This ordinance was renumbered from 2016-43 to maintain sequential numbering) The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously.

6.7. 8:43:24 PM Discussion and consideration of an ordinance rezoning 10.85 acres located at 15400 South 3200 West from R-2-15 (Medium Density Residential) to RM (Multi-Family Residential) and C-2 (Community Commercial) (File No. 31Z16) – Bryn McCarty, City Planner

Planner McCarty oriented the Council to the location of the property adjacent to the southwest intersection of Mountain View Corridor (MVC) and the future extension of Academy Parkway. The applicant proposed commercial and office-type uses in the area, and would like to incorporate townhomes above the commercial area due to the steep elevation changes. Planner McCarty reviewed the concept plan and noted the requested density of 11.6 units per acre. The property would be eligible for a Planned Unit Development, and so the applicant requested the Multi-Family Residential zoning to accommodate the density. The Planning Commission recommended approval of the rezone with the zoning condition to allow a maximum of eight units per acre. Councilmember Moser relayed her concern about the high density being consolidated in one area due to the slopes and suggested the density should not exceed six units to the acre. Councilmember Henderson agreed. Councilmember Moser suggested that the property be rezoned to R-2-15 as the density in no case would exceed 5.8 units to the acre. Councilmember Martin expressed her support for the reduction of density and the use in the area. Councilmember Moser moved to approve Ordinance No. 2016-43 rezoning 10.85 acres of property located at 15400 South 3200 West from R-2-15 (Medium Density Residential) to R-2-15 (Medium Density Residential) and C-2 (Commercial).

December 14, 2016 – City Council Minutes Page 11 of 13

Councilmember Henderson seconded the motion. (This Ordinance was renumbered from 2016-44 to maintain sequential numbering) The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously.

6.8. 8:54:59 PM Discussion and consideration of an ordinance rezoning 7.71 acres located at 15400 South 3200 West from A-1 (Agricultural) to RM (Multi-Family Residential) and C-2 (Community Commercial) (File No. 30Z16) – Bryn McCarty, City Planner

Councilmember Moser moved to approve Ordinance No. 2016-44 rezoning 7.71 acres of property located at 15400 South 3200 West from A-1(Agricultural) to R-2-15 (Medium Density Residential) and C-2 (Commercial). Councilmember Henderson seconded the motion. (This Ordinance was renumbered from 2016-45 to maintain sequential numbering) The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously.

6.9. 8:55:49 PM Discussion and Consideration of the 2017 Annual Meeting Notice – Jackie Nostrom, City Recorder

City Recorder Jackie Nostrom indicated that all meetings will be held on their regular schedule, including work sessions. The schedule for June 2017 has been altered to only hold one meeting per week rather than multiple meetings in one week. She also noted that the Arts Council and Youth Council will have their meeting schedules posted while other boards and commissions don’t hold regularly scheduled meetings throughout the year. All boards and commissions are required to post their agenda in compliance with the Open Meetings Act. Councilmember Moser asked for the Youth Council meeting agenda to be revised and remove meetings in March, June, and July meeting dates. Councilmember Moser moved to approve Resolution No. R45-2016 adopting an Annual Meeting Schedule for 2017with the amendment to the Youth Council schedule removing meeting dates from March, June, and July. Councilmember Martin seconded the motion. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye

December 14, 2016 – City Council Minutes Page 12 of 13

Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously.

6.10. 9:00:57 PM Discussion and Consideration of an ordinance adopting the Community Reinvestment Project Area Plan for the Herriman Anthem Community Reinvestment Project Area – John Brems, City Attorney

Assistant City Manager Haight informed the Council that this ordinance would adopt the Community Development Reinvestment Project Area Plan for the Anthem Community Reinvestment Project Area. Councilmember Henderson moved to approve Ordinance No. 2016-45 adopting the Community Reinvestment Project Area Plan for the Herriman Anthem Community Reinvestment Project Area. Councilmember Moser seconded the motion. (This Ordinance was renumbered from 2016-46 to maintain sequential numbering) The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously. 7. 9:07:05 PM Calendar

7.1. Meetings

December 15 – Planning Commission Meeting 7:00 p.m.

January 11 – City Council Work Meeting 5:00 p.m.; City Council Meeting 7:00 p.m.

7.2. Events

December 12 – Holiday Festival; Main Street Park and City Hall; 6:00 p.m.

December 23 – Christmas Eve (observed); City Offices Closed

December 26 – Christmas Day (observed); City Offices Closed

8. 9:07:37 PM Closed Session (If Needed) 8.1. The Herriman City Council may temporarily recess the City Council meeting to convene in

a closed session to discuss the character, professional competence, or physical or mental health of an individual, pending or reasonable imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated §52-4-205

Councilmember Moser moved to temporarily recess the City Council meeting to discuss the character, professional competence, or physical or mental health of an individual, pending or reasonably imminent litigation, and the purchase, exchange or lease of real property as provided by Utah Code Annotated §52-4-205. Councilmember Henderson seconded the motion. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye

December 14, 2016 – City Council Minutes Page 13 of 13

Mayor Carmen Freeman Aye The motion passed unanimously. The Council reconvened to the City Council meeting at 10:49 p.m.

9. Adjournment

Councilmember Moser moved to adjourn the City Council Meeting at 10:50 p.m. Councilmember Henderson seconded the motion, and all voted aye.

10. Recommence to Work Meeting (If Needed)

I, Jackie Nostrom, City Recorder for Herriman City, hereby certify that the foregoing minutes represent a true, accurate 

and complete record of the meeting held on December 14, 2016.   This document constitutes the official minutes  for the 

Herriman City Council Meeting.   

 

 

Jackie Nostrom, MMC 

City Recorder

HERRIMAN, UTAH RESOLUTION NO. R

A RESOLUTION OF THE HERRIMAN CITY COUNCIL

APPROVING AN AMENDMENT TO THE 2016-2017 FISCAL YEAR BUDGET

WHEREAS, the Herriman City Council (“Council”) met in regular meeting on January 11, 2017 to consider, among other things, approving an amendment to the 2016-2017 fiscal year budget; and WHEREAS, the Council has determined it necessary to amend the budget to reflect various changes; and WHEREAS, the Council determines that the amendment presented to the Council is necessary and appropriate. NOW, THEREFORE, BE IT RESOLVED by the Council that the budget for the period of July 1, 2016, through June 30, 2017, is hereby amended as set forth on the attached amended budget. This Resolution, assigned No. R_____, shall take effect immediately upon passage and acceptance as provided herein. PASSED AND APPROVED by the Council of Herriman, Utah, this 11th day of January, 2017. HERRIMAN CITY COUNCIL: Carmen Freeman, Mayor

ATTEST:

Jackie Nostrom City Recorder

S T A F F R E P O R T

DATE: January 11, 2017 TO: The Honorable Mayor and City Council FROM: Planning Commission SUBJECT: Text change to the land use ordinance to create a Technology Manufacturing

zone (14Z16) RECOMMENDATION: The Planning Commission recommends approval of the text change to the land use ordinance to create a Technology Manufacturing zone. DISCUSSION:

The City has been interested in locating different types of businesses and uses in the City. During the last amendment to the General Plan, the Council approved the addition of a “Light Industrial Park/Business Park” designation. Currently, there are several hundred acres along Redwood Road with this designation.

Since our zoning ordinance requires all rezones be compliant with the General Plan, it is necessary to create a zone that best fits within this new “Light Industrial Park/Business Park” designation. None of our current Commercial or Industrial Zones align with the intent of the Light Industrial Park designation. The proposed Technology and Manufacturing will allow large business parks to be developed under specific criteria. It will require a master plan for the entire site. It also has landscaping and fencing requirements that will have to be met.

The ordinance proposes that all of the uses in the zone be conditional uses. The City Council may be concerned about some of the uses, depending on the location of the property in the City. Since there is currently no property in the City with this zone, anyone who wishes to use the zone would have to go through the rezone process. When the Planning Commission and City Council review the rezone, they could put a zoning condition (z/c) on the property. That would allow the City to limit the uses on a specific piece of property.

In the last meeting, the City Council made several recommendations for changes to the text. Staff has incorporated all of those changes. Below is the draft of the ordinance with underline/strikeouts to demonstrate what has been changed since the last draft that the City Council reviewed. This is just to illustrate the changes, since the entire ordinance is new.

City Council Page 2

Chapter XX T-M Technology Manufacturing Zone

10-XX-1: PURPOSE OF PROVISIONS: 10-XX-2: DESIGN AND SITE PLAN REVIEW: 10-XX-3: CONDITIONAL USES: 10-XX-4: OUTSIDE STORAGE 10-XX-5: OWNERSHIP: 10-XX-6: ZONING CONDITION 10-XX-7: MASTER PLAN: 10-XX-8: SETBACKS: 10-XX-9: BUILDING HEIGHT: 10-XX-10: COVERAGE RESTRICTIONS: 10-XX-11: PARKING: 10-XX-12: LANDSCAPING: 10-XX-13: FENCING: 10-XX-14: DESIGN CRITERIA: 10-XX-15: DEVELOPMENT AGREEMENT:

10-XX-1: PURPOSE OF PROVISIONS:

The purpose of the T-M zone is to provide for and encourage the development of well-planned and designed technological and manufacturing parks. These areas are characterized by uses such as research, development, office, data centers, manufacturing, fabrication, processing, storage, warehousing and wholesale distribution. These areas are to be located in proximity to adequate transportation facilities and infrastructure so that the needs of these users may be met in an efficient manner with consideration to adjoining uses, whether uses are existing or included in the general plan.

10-XX-2: DESIGN AND SITE PLAN REVIEW: All development under this article shall require submission of a master plan for review by the planning commission. The review shall include, but not be limited to, architectural design and theme, building materials, lighting, signage, landscaping, parking, vehicular, bike and pedestrian access and paths, accessory structures, nuisance factors and natural and manmade hazards. The review process shall comply with the regulations of chapter 24, "Conditional Uses", of this title. 10-XX-3: CONDITIONAL USES: Uses which are conditional within the T-M zone are as follows: Building Maintenance Services Commercial Recreational Facility Commercial Storage or Distribution incidental to an allowed use (excluding junkyards and salvage yards)

City Council Page 3

Conference Center, Convention Center, Reception Center Convenience Store Data Center Financial Services, including processing or call centers, but not to include branch locations Health/Fitness Club Hotels and Motels Laboratory – Medical, Dental, Optical, and other medical uses Light Manufacturing and Assembly which are not obnoxious or offensive by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, heat or other impacts, nor

hazardous by way of materials, process, product, explosives, or waste, and which: a. Do not process animal, vegetable, fish, or any food related products or the rendering and refining of fats and oils; b. Encloses all equipment, compressors, generators, and other ancillary equipment within a building or structure.

Medical and Dental Clinics Medical Research Facility Monopole, on a public or quasi-publicly owned utility site, and not in public parks unless an exception is granted by the planning commission Offices, Professional Outdoor Storage of Materials, Products and Equipment incidental to an allowed use (excluding junk yards and salvage yards) Printing and Publishing Facilities Public and Quasi-Public uses Research and Development Facilities Restaurant Schools – Vocational and Technical State store Temporary Construction Buildings & Yards (12 months maximum) Temporary Sales Office (12 months maximum) Warehousing and Wholesale Distribution with no outside storage, incidental to an allowed use 10-XX-5 OUTSIDE STORAGE

A. Outdoor Storage of Materials, Products and Equipment shall only be allowed when incidental to an allowed use. The outside storage shall be reviewed as part of the conditional use approval of the primary use. Additional screening, including fencing and landscaping, may be required.

B. Junk Yards and Salvage yards are prohibited. 10-XX-6: OWNERSHIP: All master planned development shall be under unified control at the time of application and shall be planned and scheduled to be developed as a whole. The area shall be in one ownership or control during design and construction to provide for full supervision and control of the development, and to ensure conformance with these provisions and all conditions imposed upon the preliminary and final development plans.

City Council Page 4

10-XX-7: ZONING CONDITION:

A zoning condition, per section 10-6-4 of this code, may be placed on property at the time of zoning in order to restrict or prohibit uses or building heights that would not be compatible with adjoining uses, whether uses are existing or future uses as shown in the general plan.

10-XX-8: MASTER PLAN: A master plan shall be reviewed and approved by the planning commission prior to any development in the technology and manufacturing zone. The master plan shall include a minimum of fifty (50) acres. The plan will establish where types of uses will be located and the compatibility of adjacent uses in the development. It should be the goal of the master plan to create natural buffering through the location of compatible uses. The master plan should include the following:

A. Building orientation, size and type;

B. A land use plan that determines where technology, manufacturing, office, and commercial uses will be located;

C. Identification of buffering, screening or distance used to mitigate possible noncompatible uses;

D. Parking areas, internal traffic patterns, and vehicle access to the site, including designated truck routes;

E. Engineering issues, to include grading, drainage, sewer and other utilities;

F. Compatibility with uses on adjacent properties, whether uses are existing or included in the general plan.

10-XX-9: SETBACKS: All setbacks will be determined as part of the master plan, but in no case shall the setbacks be less than thirty (30) feet from any property line. 10-XX-10: BUILDING HEIGHT: No building or structure shall exceed forty five feet (45') in height, unless approved by the planning commission, but in no case over seventy five feet (75'). 10-XX-11: COVERAGE RESTRICTIONS: No building or structure, or group of buildings, with their accessory buildings, shall cover more than seventy percent (70%) of the area of the lot. 10-XX-12: PARKING:

City Council Page 5

The parking requirements established in chapter 21 of this title shall apply to all technology and manufacturing zone development. 10-XX-13: LANDSCAPING: A. All new development shall require a minimum of twenty percent (20%) of the total site landscaped and must meet the landscaping requirements found in this chapter. Landscaping shall include amenities such as water features, sports courts, gazebos, connections to master planned trail, and additional landscaping plantings. All landscaped areas shall be planted with live plant material and include a permanent automatic irrigation system. The owner, tenant and agent shall be jointly and individually responsible for the maintenance of all landscaping in good condition and free from refuse and debris so as to present a healthy, neat and orderly appearance. B. The front yard area and the side yard Any area which faces on a street shall be landscaped and maintained with live plant material, including shrubs, flowers and trees for a minimum distance of twenty feet (20') behind the property line for all main uses in the T-M zone. Such areas shall include a permanent sprinkler system to ensure adequate maintenance, and shall comply with section 10-19-18 of this chapter. The planning commission may modify the landscaping requirements herein for any conditional use. The required landscaping must include:

1. Fifty percent (50%) of the landscaped area planted with shrubs, flowers and trees; and

2. The landscaped setback must include a berm that is a minimum of two feet (2') thirty (30) inches high as measured from the grade of the sidewalk.

C. Parking Lot Landscaping

1. Interior parking lot landscaping is required for any vehicular use area of twelve (12) parking spaces or five thousand (5,000) square feet of pavement, whichever is greater.

2. The minimum amount of required landscaping in the parking lot shall be five percent (5%) of the lot interior. This landscaping counts towards the overall requirement for landscaping on the site.

3. For the purpose of computing the total interior area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including planting islands, curbed areas, corner areas, parking spaces, and all interior driveways and aisles, except those with no parking spaces located on either side.

4. Deciduous shade trees shall be planted within all parking lots on the basis of one tree for each twelve (12) parking spaces. The required trees may be clustered in planter bays or islands, but shall be located throughout the parking area to divide and break up expanses of paving and long rows of parking spaces and to create a canopy effect.

5. Planter bays or islands containing trees shall have a minimum planting area of twenty five (25) square feet, and shall have a minimum width of five feet (5') measured from the back of the curb.

City Council Page 6

D. Water Wise Permitted: Nothing in this section shall be construed to prohibit the use of drought tolerant vegetation and nonvegetative materials. Provided, however, failure of an owner to install and maintain landscaping within any yard area under the guise that the vegetation and bare ground that occur naturally on the site constitutes water wise landscaping shall not qualify as conforming with the provisions of this section.

10-XX-14: FENCING: A minimum eight foot (8') decorative precast masonry wall is required between warehousing or manufacturing uses and agricultural, or residential, or public zones or uses. A higher fence or wall or a higher fence or wall may be allowed or required by the planning commission to separate other non-compatible uses. Other fencing or landscaping techniques may be used to buffer waterways, trails, parks, open spaces or other uses as determined by the planning commission. 10-XX-15: DESIGN CRITERIA: A. All development, including accessory buildings, must comply with the design criteria as required in section 10-13B-15 of this title. Building elevations will be reviewed and approved as part of the master plan. B. Metal buildings are prohibited. 10-XX-16 DEVELOPMENT AGREEMENT: All development in the T-M zone shall require a development agreement to be reviewed and approved by the City Council.

HERRIMAN, UTAH ORDINANCE NO. 17-xx

14Z16– HERRIMAN CITY – TEXT CHANGE TO THE LAND USE ORDINANCE TO

CREATE A TECHNOLOGY MANUFACTURING ZONE

WHEREAS, the City of Herriman, pursuant to state law, may enact a land use ordinance establishing regulations for land use and development; and

WHEREAS, pursuant to state law, the Planning Commission shall prepare and

recommend to the City Council the proposed land use ordinance amendment; and WHEREAS, pursuant to City of Herriman Land Use Ordinance, the Planning

Commission shall hold a public hearing and provide reasonable notice at least 10 days prior to said public hearing to prepare and recommend to the City Council the proposed land use ordinance text changes; and

WHEREAS, notice of the Planning Commission public hearing on the land use

ordinance text change was published on July 22, 2016, noticing of the August 4, 2016, public hearing at 7:00 p.m.; and WHEREAS, the Planning Commission recommended approval of the land use ordinance text change in the meeting held on October 6, 2016, at 7:00 p.m. in the Community Center; and

WHEREAS, pursuant to City of Herriman Ordinance, the City Council must hold a public meeting allowing public input at said public meeting; and

WHEREAS, the City Council public meeting on January 11, 2017, was held at 7:00 p.m.; and

WHEREAS, the City Council finds that it is in the best interest of the citizens of Herriman City to adopt the land use ordinance text change as recommended by the Planning Commission;

NOW THEREFORE, be it ordained by the Herriman City Council that the following text change be adopted as a new chapter in the land use ordinance of the City: (the entire chapter is new)

Chapter XX T-M Technology Manufacturing Zone

10-XX-1: PURPOSE OF PROVISIONS: 10-XX-2: DESIGN AND SITE PLAN REVIEW: 10-XX-3: CONDITIONAL USES: 10-XX-4: OUTSIDE STORAGE 10-XX-5: OWNERSHIP:

10-XX-6: ZONING CONDITION 10-XX-7: MASTER PLAN: 10-XX-8: SETBACKS: 10-XX-9: BUILDING HEIGHT: 10-XX-10: COVERAGE RESTRICTIONS: 10-XX-11: PARKING: 10-XX-12: LANDSCAPING: 10-XX-13: FENCING: 10-XX-14: DESIGN CRITERIA: 10-XX-15: DEVELOPMENT AGREEMENT:

10-XX-1: PURPOSE OF PROVISIONS:

The purpose of the T-M zone is to provide for and encourage the development of well-planned and designed technological and manufacturing parks. These areas are characterized by uses such as research, development, office, data centers, manufacturing, fabrication, processing, storage, warehousing and wholesale distribution. These areas are to be located in proximity to adequate transportation facilities and infrastructure so that the needs of these users may be met in an efficient manner with consideration to adjoining uses, whether uses are existing or included in the general plan.

10-XX-2: DESIGN AND SITE PLAN REVIEW: All development under this article shall require submission of a master plan for review by the planning commission. The review shall include, but not be limited to, architectural design and theme, building materials, lighting, signage, landscaping, parking, vehicular, bike and pedestrian access and paths, accessory structures, nuisance factors and natural and manmade hazards. The review process shall comply with the regulations of chapter 24, "Conditional Uses", of this title. 10-XX-3: CONDITIONAL USES: Uses which are conditional within the T-M zone are as follows: Building Maintenance Services Commercial Recreational Facility Conference Center, Convention Center, Reception Center Convenience Store/Gas station Data Center Financial Services, including processing or call centers, but not to include branch locations Health/Fitness Club Hotels and Motels Laboratory – Medical, Dental, Optical, and other medical uses Light Manufacturing and Assembly which are not obnoxious or offensive by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, heat or other impacts, nor

hazardous by way of materials, process, product, explosives, or waste, and which: a. Do not process animal, vegetable, fish, or any food related products or the rendering and

refining of fats and oils; b. Encloses all equipment, compressors, generators, and other ancillary equipment within a building or structure.

Medical Research Facility Monopole Offices, Professional Printing and Publishing Facilities Public and Quasi-Public uses Research and Development Facilities Restaurant Schools – Vocational and Technical Temporary Construction Buildings & Yards (12 months maximum) Temporary Sales Office (12 months maximum) Warehousing and Wholesale Distribution with no outside storage, incidental to an allowed use 10-XX-5 OUTSIDE STORAGE

A. Outdoor Storage of Materials, Products and Equipment shall only be allowed when incidental to an allowed use. The outside storage shall be reviewed as part of the conditional use approval of the primary use. Additional screening, including fencing and landscaping, may be required.

B. Junk Yards and Salvage yards are prohibited. 10-XX-6: OWNERSHIP: All master planned development shall be under unified control at the time of application and shall be planned and developed as a whole. The area shall be in one ownership or control during design and construction to provide for full supervision and control of the development, and to ensure conformance with these provisions and all conditions imposed upon the preliminary and final development plans. 10-XX-7: ZONING CONDITION:

A zoning condition, per section 10-6-4 of this code, may be placed on property at the time of zoning in order to restrict or prohibit uses or building heights that would not be compatible with adjoining uses, whether uses are existing or future uses as shown in the general plan.

10-XX-8: MASTER PLAN: A master plan shall be reviewed and approved by the planning commission prior to any development in the technology and manufacturing zone. The master plan shall include a minimum of fifty (50) acres. The plan will establish where types of uses will be located and the compatibility of adjacent uses in the development. It should be the goal of the master plan to create natural buffering through the location of compatible uses. The master plan should include the following:

A. Building orientation, size and type;

B. A land use plan that determines where technology, manufacturing, office, and commercial uses will be located;

C. Identification of buffering, screening or distance used to mitigate possible noncompatible uses;

D. Parking areas, internal traffic patterns, and vehicle access to the site, including designated truck routes;

E. Engineering issues, to include grading, drainage, sewer and other utilities;

F. Compatibility with uses on adjacent properties, whether uses are existing or included in the general plan.

10-XX-9: SETBACKS: All setbacks will be determined as part of the master plan, but in no case shall the setbacks be less than thirty (30) feet from any property line. 10-XX-10: BUILDING HEIGHT: No building or structure shall exceed forty five feet (45') in height, unless approved by the planning commission, but in no case over seventy five feet (75'). 10-XX-11: COVERAGE RESTRICTIONS: No building or structure, or group of buildings, with their accessory buildings, shall cover more than seventy percent (70%) of the area of the lot. 10-XX-12: PARKING: The parking requirements established in chapter 21 of this title shall apply to all technology and manufacturing zone development. 10-XX-13: LANDSCAPING: A. All new development shall require a minimum of twenty percent (20%) of the total site landscaped and must meet the landscaping requirements found in this chapter. Landscaping shall include amenities such as water features, sports courts, gazebos, connections to master planned trail, and additional landscaping plantings. All landscaped areas shall be planted with live plant material and include a permanent automatic irrigation system. The owner, tenant and agent shall be jointly and individually responsible for the maintenance of all landscaping in good condition and free from refuse and debris so as to present a healthy, neat and orderly appearance. B. Any area which faces on a street shall be landscaped and maintained with live plant material, including shrubs, flowers and trees for a minimum distance of twenty feet (20') behind the property line for all uses in the T-M zone. Such areas shall include a permanent sprinkler system to ensure adequate maintenance, and shall comply with section 10-19-18 of this chapter. The

planning commission may modify the landscaping requirements herein for any conditional use. The required landscaping must include:

1. The landscaped setback must include a berm that is a minimum of thirty (30) inches high as measured from the grade of the sidewalk.

C. Parking Lot Landscaping

1. Interior parking lot landscaping is required for any vehicular use area of twelve (12) parking spaces or five thousand (5,000) square feet of pavement, whichever is greater.

2. The minimum amount of required landscaping in the parking lot shall be five percent (5%) of the lot interior. This landscaping counts towards the overall requirement for landscaping on the site.

3. For the purpose of computing the total interior area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including planting islands, curbed areas, corner areas, parking spaces, and all interior driveways and aisles, except those with no parking spaces located on either side.

4. Deciduous shade trees shall be planted within all parking lots on the basis of one tree for each twelve (12) parking spaces. The required trees may be clustered in planter bays or islands, but shall be located throughout the parking area to divide and break up expanses of paving and long rows of parking spaces and to create a canopy effect.

5. Planter bays or islands containing trees shall have a minimum planting area of twenty five (25) square feet, and shall have a minimum width of five feet (5') measured from the back of the curb.

D. Water Wise Permitted: Nothing in this section shall be construed to prohibit the use of drought tolerant vegetation and nonvegetative materials. Provided, however, failure of an owner to install and maintain landscaping within any yard area under the guise that the vegetation and bare ground that occur naturally on the site constitutes water wise landscaping shall not qualify as conforming with the provisions of this section.

10-XX-14: FENCING: A minimum eight foot (8') decorative precast masonry wall is required between warehousing or manufacturing uses and agricultural, residential, or public zones or uses. A fence or wall or a higher fence or wall may be allowed or required by the planning commission to separate other non-compatible uses. Other fencing or landscaping techniques may be used to buffer waterways, trails, parks, open spaces or other uses as determined by the planning commission. 10-XX-15: DESIGN CRITERIA: A. All development, including accessory buildings, must comply with the design criteria as required in section 10-13B-15 of this title. Building elevations will be reviewed and approved as part of the master plan.

B. Metal buildings are prohibited. 10-XX-16 DEVELOPMENT AGREEMENT: All development in the T-M zone shall require a development agreement to be reviewed and approved by the City Council.

PASSED AND APPROVED this 11th day, January 2017.

HERRIMAN _________________________________________ ATTEST: Mayor Carmen Freeman __________________________________ Jackie Nostrom, City Recorder

S T A F F R E P O R T

DATE: January 11, 2017 TO: The Honorable Mayor and City Council FROM: Planning Commission SUBJECT: 33Z16 – Proposed Rezone from A-1 (Agricultural one acre min) to A-.5

(Agricultural ½ acre min) RECOMMENDATION: The Planning Commission recommends approval of the rezone from A-1 to A-.50. DISCUSSION:

This property is part of a prior rezone that came before the commission on September 14, 2016. Council had concerns regarding how many lots would be able to be subdivided with the prior rezone and asked that this portion be brought back at the time of the request for the subdivision. The property owner is requesting to rezone the property to A-.50 in order to subdivide the acre into 2 half acre lots.

Herriman, Utah Ordinance No. 17-xx

Rezone property located at approximately 13846 S 7530 W from A-1 (Agricultural –single family/animals allowed on 1 acre min) to A-.50 (Agricultural – single family/limited animal

uses on ½ acre min) (File No. 33Z16)

WHEREAS, the City of Herriman, pursuant to state law, may enact a land use ordinance

establishing regulations for land use and development; and

WHEREAS, pursuant to City of Herriman Ordinance, the Planning Commission shall hold a public hearing and provide reasonable notice at least 10 days prior to said public hearing to prepare and recommend to the City Council the proposed land use ordinance map changes; and

WHEREAS, notice of the Planning Commission public hearing on the land use ordinance map change was sent to property owners within at least 300 feet on December 5, 2016, noticing of the December 15, 2016, public hearing at 7:00 p.m.; and

WHEREAS, the Planning Commission recommended approval of the land use

ordinance map change in the meeting held on December 15, 2016, at 7:00 p.m. in the Community Center; and

WHEREAS, pursuant to City of Herriman Ordinance, the City Council must hold a

public meeting allowing public input at said public meeting; and

WHEREAS, the City Council public meeting on January 11, 2017, was held at 7:00 p.m. in the Community Center; and

WHEREAS, the City Council finds that it is in the best interest of the citizens of

Herriman to adopt the land use ordinance map change as recommended by the Planning Commission;

NOW THEREFORE, be it ordained by the Herriman City Council that the following

area be adopted as a map change from A-1 (Agricultural –single family/animals allowed on 1 acre min) to A-.50 (Agricultural – single family/limited animal uses on ½ acre min) the zoning map of the City.

Portion of Parcel# 32-04-400-083

PASSED AND APPROVED this 11th day of January, 2017.

HERRIMAN CITY COUNCIL

By:______________________________

Carmen Freeman, Mayor ATTEST: ____________________________________ Jackie Nostrom, City Recorder