City Council
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City Council Minutes
Thursday,August 8, 2013
Approved August 22, 2013
6:00 PM~Closed Session:(Private)
Utah Code §52-4-205(1)(a) discussion of the character, professional competence, or physical or mental health of an individual;(d) strategy session to discuss the purchase, exchange, or lease or real property, including anyform of water right or water shares.
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7:00 PM ~Work Meeting:(Items are for discussion only)
Attendance:Mayor Joshua E Mills
Council Members Present:Mike Day, Matt Robinson, Craig B. Tischner and Coralee Wessman-Moser
Staff Present:John Brems, City Attorney
Kristi Peterson, City Recorder
Brett Wood, City Manager
Gordon M. Haight II, Asst.City Manager
Shauna DeKorver, Finance Director
Bryn McCarty, Planner I
Justun Edwards, Water Director
Review of tonight’s agenda – Mayor Mills
Additional:
- 13700 South and 13800 South Road Improvements –Jory Howell, Community Development Coordinator
- Planning Updates – Bryn McCarty, Planner
- Event Staffing – Danie Bills, Events Coordinator
- Process to Filling Mayor Vacancy– John N. Brems, City Attorney
- Tower Acquisition Settlement– John N. Brems, City Attorney
- City Updates –Brett geo. Wood, City Manager
- Capital Projects – Gordon Haight, Assist. City Manager
- Budget Review Summary Nod Log– Gordon Haight, Asst. City Manager
- Comments from Council Members
- Other
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7:30 PM ~ General Meeting:
Attendance:Mayor Joshua E Mills
Council Members Present:Mike Day, Matt Robinson, Craig B. Tischner and Coralee Wessman-Moser
Staff Present:John Brems, City Attorney
Kristi Peterson, City Recorder
Brett Wood, City Manager
Gordon M. Haight II, Asst.City Manager
Shauna DeKorver, Finance Director
Bryn McCarty, Planner I
Justun Edwards, Water Director
1.Welcome-
.1Invocation:
Mayor Mills called the Herriman City Council meeting to order at 7:39:20 PMand welcomed those in attendance.
7:39:27 PM.2Pledge of Allegiance:
William Keel offered the invocation.
7:40:01 PM.3Roll Call:
Cameron Butterfield led the pledge of allegiance.
7:40:37 PM.4Citizen Comments:(A time for citizens to address the council with issues that isNOT listed on tonight’s agenda)
Mayor Mills opens the citizen comments portion of the agenda. He calls for any person(s) who wish to speak to the council to come to the podium, state their name and address and to speak about issues that are not listed on tonight’s city agenda.
Carmen R. Freemanthank you Mayor and Council, First I would like to express my appreciation to the Mayor Mills and wish you the best of luck in your future endeavours. I just wanted to raise a concern, as I attended the meeting and saw the potential growth that is coming to Herriman urges the council and planning commission to be cautious with residential growth.
The podium microphones were not working; it was very hard to hear Mrs. Baugley’s complete comments. I have tried to transcribe as much as I could possibly make out. My sincere apologies.
Michelle Baguley, In light of the Mayor‘s decision to resigning from his position... I do not intend to apply for that position at this time, I do not believe that it would be in the best interest of Herriman City to appoint any candidate... all cry fowl... I do wish you well in your endeavours...
There were no citizen comments from the public tonight.
Mayor Mills declared the citizen comments closed.
2.Consent Agenda:
7:44:22 PM.1Electronic/Paper Minutes: Thursday, July 11, 2013 RCCM
Council Member Craig B. Tischner MOVED to approve the consent agenda as presented for Thursday, July 11, 2013.
Council Member Coralee Wessman-Moser SECONDED the motion.
All present voted yes.
Motion carried.
3.Presentation:
7:44:44 PM.1General Plan Amendment Update – Mark Vlassick Landmark Design
4.Proclamation:
7:53:19 PM.1Proclaiming September 2013 as “Attendance Awareness Month” in Herriman City.
– Brett geo. Wood, City Manager
Council Member Coralee Wessman-Moser MOVED to continued
Council Member Mike DaySECONDED the motion.
Mayor Mills asks the Council Members if they have any questions.
Being none.
Mayor Mills asks for a roll call vote.
Councilman Mike Day Yes
Councilman Matt RobinsonYes
Councilman Craig B. TischnerYes
Councilwoman Coralee Wessman-MoserYes
Chair / Mayor Joshua E MillsYes
This motion carried.
5.Planning Matters:
Text Change:
7:53:49 PM.1Discussions and consideration of Ordinance No. 13-22 File #16S13, Herriman City, Text Change to Section 11-7-17 Performance Bonds – Bryn McCarty, Planner
Council Member Coralee Wessman-MoserMOVED to adopt ordinance no. 13-22 file #: 16S13, Herriman City text change to section 11-7-7 performance bonds.I move to approve the change to increase the percentage, the city shall release and change that to 40% of the bond amount. Leave the rest of the title as presently constituted and continue the discussion back part of the motion.
Council Member MattRobinsonSECONDED the motion.
Mayor Mills asked if there were any questions on the motion.
Being none, he calls for a roll call vote.
Councilman Mike Day NO
Councilman Matt RobinsonYes
Councilman Craig B. TischnerYes
Councilwoman Coralee Wessman-MoserYes
Mayor Joshua E Mills Yes
This voting was unanimous; the motion carried.
Rezoning:
8:04:31 PM.2Discussions and consideration of Ordinance No. 13-23 File #12Z10, DeHaan, 13602 South 7530 West, Rezone from A-1 to A.25, Acres: 1.0– Bryn McCarty, Planner
Council Member Coralee Wessman-Moser MOVED to adopt ordinance no. 13-23 file #: 12Z10, DeHaan located at 13602 South 7530 West, rezone from A-1 to A .25, one acre.
Council Member Craig B. TischnerSECONDED the motion.
Mayor Mills asked if there were any questions on the motion.
Being none, he calls for a roll call vote.
Councilman Mike Day Yes
Councilman Matt RobinsonYes
Councilman Craig B. TischnerYes
Councilwoman Coralee Wessman-MoserYes
Mayor Joshua E Mills Yes
This voting was unanimous; the motion carried.
6.Continued Business:
8:06:55 PM.1 Discussions and consideration of Ordinance No. 13-20 “An ordinance adopting the 2013 Storm Drain Impact Fee Facility Plan”.AND
.2Discussionsand consideration of Ordinance No. 13-21 “An ordinance adopting the Storm Drain Impact Fee Analysis”. – Gordon Haight, Assist. City Manager
Council Member Matt RobinsonMOVED to adopt ordinance no. 13-20 an ordinance adopting the 2013 storm drain impact fee facility plan
Council Member Coralee Wessman-MoserSECONDED the motion.
Mayor Mills asked if there were any questions on the motion.
Being none, he calls for a roll call vote.
Councilman Mike Day Yes
Councilman Matt RobinsonYes
Councilman Craig B. TischnerYes
Councilwoman Coralee Wessman-MoserYes
Mayor Joshua E Mills Yes
This voting was unanimous; the motion carried.
7.Discussion /Action Matters:
8:09:13 PM.1Discussions and consideration of Ordinance No. 13-25 “An ordinance recognizing the midterm vacancy in the office of the Mayor, directing that public notice be given, identifying the date, time and place of the meeting where the vacancy will be filled, identifying the person to whom interested persons may submit interested person’s name for consideration, and setting the deadline for such submission.” – John N. Brems, City Attorney
8:10:05 PM John Brems this is the ordinance that officially recognizing your resignation effective Saturday. I took a couple liberties in here, so let me identify what those liberties are before you vote on this. First the statute basically says all you need to do is submit your name; there is also a statute that talks about filing a declaration of candidacy. So I took the liberty to, one of the previsions that we are requesting that an interested person submit their name and fill out a declaration of candidacy. If push comes to shove and if they don’t want to do it, that’s fine but it might be part of their evaluation process, if they’re unwilling to fill out a declaration of candidacy. Second is we have a fee for a candidate, so I put in here as I took the liberty; they do not need to pay the fee because it’s a fairly short term, so I took the pay provision out so they do not have to pay the filing fee. Third, I identified Kristi as the person who answers questions and applications going to. The rest is straight forward scene.
Councilman Robinson, one item in the ordinance, we have fourteen day for the filing, correct?
John N. Brems yes.
Councilman Robinson and the date for the completion of filing is specifically what?
John N. Brems, it is the 26th, 2013 at 5pm.
Councilman Robinson so we also have a date, of the public knows of the vacancy as August 29th, 7pm....
John N. Brems is when the meeting will be held when you appoint.
Councilman Robinson so I’m going to that one specially, we are meeting on August 27th for a primary election canvass, I propose that we combine these two meetings to August 27th, which is a Tuesday not a Thursday.
John N. Brems you could do that I took these off the press release.
Councilman Robinson yea I would still propose... impart because I won’t be here on the 29th.
John N. Brems ok, we can amend that, because the time works.
Councilman Robinson, yes August 27th.
John N. Brems ok if we amend that, I recommend that we modify our press release... because somebody is going to miss it.
Councilwoman Wessman-Moser may we pause for a moment and let all of the council to check their schedules, mine is clear for that night.
Councilman Tischner on the 27th depends on the start time.
John N. Brems right now we have 7pm, it’s going to be a long night, 6:30, if you have a lot of candidates. It will be a long night, because I’ve gone through this.
Councilman Robinson this also allows for an interview process or allows a speech process in that correct? In which we have to not discuss.
John N. Brems we have not discussed the process.
Councilwoman Wessman-Moser I also agree with meeting the 27th since we are all available and changing the times to 6:30, it will immediately follow the board of canvassers.
Council Member Coralee Wessman-MoserMOVED to adopt ordinance no. 13-25 an ordinance recognizing the midterm vacancy in the office of the Mayor, directing that public notice be given, identifying the date, time and place of the meeting where the vacancy will be filled, identifying the person to whom interested persons may submit interested person’s name for consideration, and setting the deadline for such submission with the change that the meeting date for the candidate. Now being it further ordained that August 27th, 2013 beginning at 6:30pm in the council chambers.
Council Member Matt RobinsonSECONDED the motion.
Mayor Mills asked if there were any questions on the motion.
Being none, he calls for a roll call vote.
Councilman Mike Day Yes
Councilman Matt RobinsonYes
Councilman Craig B. TischnerYes
Councilwoman Coralee Wessman-MoserYes
Mayor Joshua E Mills Yes
This voting was unanimous; the motion carried.
8:15:17 PM.2Discussions and consideration of Resolution No. 13.27 “A resolution designating and appointing poll workers to serve in the 2013 municipal primary election”.
– Kristi Peterson, City Recorder
Council Member Craig B. TischnerMOVED to approve resolution no. 13.27 a resolution designating and appointing poll workers to serve in the 2013 municipal primary election.
Council MemberCoralee Wessman-MoserSECONDED the motion.
Mayor Mills asked if there were any questions on the motion.
Being none, he calls for a roll call vote.
Councilman Mike Day Yes
Councilman Matt RobinsonYes
Councilman Craig B. TischnerYes
Councilwoman Coralee Wessman-MoserYes
Mayor Joshua E Mills Yes
This voting was unanimous; the motion carried.
8:15:52 PM.3Discussions and consideration of Resolution No. 13.28 “A resolution of the Herriman City Council authorizing an expenditure of $130,000 to settle a threatened lawsuit and to buy certain real property located at or near Bobcat Drive and directing the city administration to include such item as part of a proposed midyear budget adjustment”.
–John N. Brems, City Attorney
John N. Brems as you remember we talked about this and you approved $70,000 to settle it. They come back with a counter offer; we’re mediating basically with the private property of ombvasman. They’ve come back with a counter offer and the private property ombvasman and has come up with a third proposal that is acceptable to Tower Acquisitions and that would require Herriman to put up a $130,000 and UDOT will increase their amount and so will Riverton City which will be proportional. Then we get the property.
Mayor Mills how much property is that?
John N. Brems it’s a quarter acre. If it wasn’t for the lawsuit we’re paying too much for it. But we’re settling it a threatened lawsuit.
Councilman Tischner when did this all start? Like 2006?
John N. Brems we condemned the tower and we gave them a lot they could put a cell tower on. As part of the Mountain View Corridor reconstruction UDOT put in an access to the subdivision there and they built it on their property. They are claiming, violated their rights. It shouldn’t have been built on their property.
Councilman Tischner but we condemned it back in 2002?
John N. Brems we condemned the tower back in 2002. As settlement we also gave him some money and also gave him some property to build a new tower on.
Councilman Robinson would it be right and you can comment on in a public meeting around the amount that UDOT and Riverton is paying.
John N. Brems yes I can tell you that amount. UDOT will and Riverton will be paying additional $18,750 each. We are paying an additional $52,500 because we get the property.
Council Member Matt RobinsonMOVED to approve resolution no. 13.28
Council Member Coralee Wessman-MoserSECONDED the motion.
Mayor Mills asked if there were any questions on the motion.
Being none, he calls for a roll call vote.
Councilman Mike Day NO
Councilman Matt RobinsonYes
Councilman Craig B. TischnerYes
Councilwoman Coralee Wessman-MoserYes
Mayor Joshua E Mills Yes
This voting was unanimous; the motion carried.
8:20:05 PM.4Discussions and consideration of Resolution No. 13.30 “A resolution of the City Council of Herriman approving an interlocal cooperative agreement with Salt Lake County for the Regional Homeless Services Program”. – John N. Brems, City Attorney
John N. Brems this is the regional homeless initiative... it’s included in this year’s budget, they made some modifications to the interlocal so we are bringing it back to approval the final version of the interlocal.
Councilman Robinson and the total amount that based on the formula that Herriman City will be contributing is annually.
Gordon Haight it’s a onetime payment of $8,552.00
Council Member Coralee Wessman-MoserMOVED to adopt resolution no. 13.30 a resolution of the City Council of Herriman approving an interlocal cooperative agreement with Salt Lake County for the regional homeless services program.
Council Member Mike DaySECONDED the motion.
Mayor Mills asked if there were any questions on the motion.
Being none, he calls for a roll call vote.
Councilman Mike Day Yes
Councilman Matt RobinsonYes
Councilman Craig B. TischnerYes
Councilwoman Coralee Wessman-MoserYes
Mayor Joshua E Mills Yes
This voting was unanimous; the motion carried.
8:22:08 PM.5Discussions and consideration of Resolution No. 13.32 “A resolution of the City Council of Herriman approving an interlocal cooperative agreement with Salt Lake County for the Conveyance of surplus real property from Salt Lake County to Herriman”.
– Gordon Haight, Asst. City Manager
Gordon Haight we brought on of these before to you, what’s happened is when we incorporated from the County about twelve years ago there were remnant pieces of property for whatever reason that didn’t get transferred to the city and they are starting to show up occasionally. This is an interlocal agreement for Salt Lake County to deed us the property. This is on McCuiston.
Council Member Matt RobinsonMOVED to approve.
Council MemberCraig B. TischnerSECONDED the motion.
Mayor Mills asked if there were any questions on the motion.
Being none, he calls for a roll call vote.
Councilman Mike Day Yes
Councilman Matt RobinsonYes
Councilman Craig B. TischnerYes
Councilwoman Coralee Wessman-MoserYes
Mayor Joshua E Mills Yes
This voting was unanimous; the motion carried.
8:23:31 PM.6Discussions and consideration of Resolution No. 13.31 “A resolution of the City Council of Herriman electing a Mayor Pro Tempore”. –TBD
Council Member Coralee Wessman-MoserMOVED to approve resolution no. 13.31 a resolution of the city council of Herriman electing a mayor pro tempore. I would motion that Matt Robinson fill that position with the expiration date of December 31, 2013.
Council Member Mike Day SECONDED the motion.
Mayor Mills asked if there were any questions on the motion.
Being none, he calls for a roll call vote.
Councilman Mike Day Yes
Councilman Matt RobinsonYes
Councilman Craig B. TischnerYes
Councilwoman Coralee Wessman-MoserYes
Mayor Joshua E Mills Abstain
This voting was unanimous; the motion carried.
8:24:24 PM.7Discussions and consideration of Resolution No. 13.34 “A resolution appointing a member of the City Council to the board of the Salt Lake Valley Law Enforcement Service Area”AND
.8Discussions and consideration of Resolution No. 13.33 “A resolution appointing a member of the governing board of the Unified Police Department”.
- Brett geo. Wood, City Manager
Council Member Coralee Wessman-Moser MOVED to approve resolution no. 13.34 a resolution appointing a Craig Tischner to the board of the Salt Lake Valley Law Enforcement Service Area and the governing board of the Unified Police Department until December 31st, 2013.
Council Member Matt RobinsonSECONDED the motion.
Mayor Mills asked if there were any questions on the motion.
Being none, he calls for a roll call vote.
Councilman Mike Day Yes
Councilman Matt RobinsonYes
Councilman Craig B. TischnerYes
Councilwoman Coralee Wessman-MoserYes
Mayor Joshua E Mills Yes
This voting was unanimous; the motion carried.
8.Financial Matters:
8:26:36 PM.1Discussions and consideration of Resolution No. 13.29 “A resolution of the Herriman City Council authorizing an expenditure of $500,000for storm drain improvements on 13400 South, $120,000 for engineering design work for road improvements to 13700 Southand 13800 South, $300,000 for asphalt improvementsto 7530 West, $8,552for the Salt Lake County Regional Homeless Services Program, and $110,000 for landscaping a detention basin in Shoshone Hills subdivision and directing the city administration to include such items as part of a proposed midyear budget adjustment”.– Gordon Haight, Asst. City Manager