Meeting: City Council Regular Meeting

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1. CALL TO ORDER AND ELECTION OF A MAYOR PRO TEMPORE Deputy Recorder Kelly Kloepfer called the meeting to order and then called for a nomination and roll call vote from the City Council to elect a mayor pro tempore.

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Motion: COUNCILMEMBER SIFUENTES NOMINATED CRISTY WELSH AS MAYOR PRO TEMPORE FOR TONIGHT’S CITY COUNCIL MEETING AND AS CHAIR FOR TONIGHT’S RDA MEETING THAT FOLLOWS. COUNCILMEMBER RASMUSSEN SECONDED THE MOTION. ROLL CALL WENT AS FOLLOWS: MAYOR FULLMER, COUNCILMEMBERS FLAKE, RASMUSSEN, SIFUENTES, AND WELSH VOTED YES. THE MOTION CARRIED UNANIMOUSLY. Ms. Kloepfer turned the time over Mayor Pro Tempore Cristy Welsh.

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Councilmember Sifuentes gave the invocation and led the Pledge of Allegiance. 2. work session No items were submitted. 3. Public Comments

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Mayor Pro Tempore Welsh called for public comments.

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Resident Daria Evans living in The Villas subdivision wanted to recognize the Recreation Department for offering a 55+ pickleball program. She also was in support of the wetlands being developed to build more pickleball courts. She was concerned about the splash pad not having enough shade for the children and asked about sun sails being added. She expressed concern about crosswalks and urged the city to prioritize the 4-way electronic stop signs to be added to the 400 North and Main Street intersection.

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Mayor Pro Tempore Welsh thanked her for her comments and added that the city was working on the plan to develop the open corridor and invited her and the public to participate and mentioned that sun sails were already under consideration. Mr. Nair said that they were finalizing the designs for that intersection. 4. Mayor and COUNCILMEMBERS’ REPORTS/DISCLOSURES/RECUSALS

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Councilmember Rasmussen reported that in the next couple of months she would be coordinating with The Villas Homeowners Association (HOA) and the Recreation Department to discuss providing more recreational opportunities for residents at The Villas.

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Councilmember Sifuentes reported that the feasibility study for an Orem school district had been completed, and that Orem would be holding meetings to inform the public of their findings. A discussion ensued. Mayor Fullmer emphasized that the earliest it could be on a ballot in Vineyard would be in 2023. 5. STAFF, COMMISSION, and committee REPORTS 5.1.

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City Manager Ezra Nair reported that they had posted the job openings that were approved in the budget. He announced that the Vineyard FrontRunner Station would open on August 8th, and that there would also be new bus stops. He added that they would be using a third party to do a job description and compensation study to evaluate the city organization to make it more efficient.

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Mayor Pro Tempore Welsh commented that after the FrontRunner Station opened on August 8th, that the grand opening ceremony would be held on August 12th with Governor Cox in attendance. 5.2 Planning Commission Chair Bryce Brady – Chair Brady was absent. 6. CONSENT ITEMS 6.1.Approval of the June 29, 2022 City Council Meeting Minutes 6.2.Approval of a Bid Award for Asphalt Preservation (Resolution 2022-34) 6.3.Approval of Water Tank and Pipeline & Meter Station Design Projects Addendums

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Mayor Pro Tempore Welsh called for a motion.

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Motion: COUNCILMEMBER SIFUENTES MOVED TO APPROVE THE CONSENT ITEMS 6.1 AND 6.3 WHILE PUSHING 6.2 TO THE BUSINESS ITEMS. COUNCILMEMBER FLAKE SECONDED THE MOTION. ROLL CALL WENT AS FOLLOWS: MAYOR PRO TEMPORE WELSH, MAYOR FULLMER, COUNCILMEMBERS FLAKE, RASMUSSEN, AND SIFUENTES VOTED YES. THE MOTION CARRIED UNANIMOUSLY.

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Councilmember Sifuentes stated that she wanted to see the communication with residents go better than it did the last time roads were treated and asked if it was possible to make the roads less textured. Streets Manager Chris Thomas replied that the rougher texture provided a better wear layer for high traffic roads. A discussion ensued. Aaron Epley with Holbrook Asphalt explained that other treatments would be smoother but would not preserve the pavement for as long and they would end up costing the city a lot more money. The discussion continued. Mr. Thomas remarked that the treated roads did smooth out over time. Councilmember Sifuentes asked about sloppy treatment in areas in the past and Mr. Epley responded that he did have a touch-up crew that could go to clean those up.

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Mayor Pro Tempore Welsh called for a motion.

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Motion: COUNCILMEMBER FLAKE MOVED TO APPROVE THE BID AWARD FOR ASPHALT PRESERVATION, RESOLUTION 2022-34. COUNCILMEMBER RASMUSSEN SECONDED THE MOTION. ROLL CALL WENT AS FOLLOWS: MAYOR PRO TEMPORE WELSH, MAYOR FULLMER, COUNCILMEMBERS FLAKE, RASMUSSEN, AND SIFUENTES VOTED YES. THE MOTION CARRIED UNANIMOUSLY. 7. Appointments No names were submitted. 8. Presentations/recognitions/awards Noitemsweresubmitted. 9. BUSINESS ITEMS 9.1 DISCUSSION AND ACTION – Center Street Trailhead Parking Betterment Agreement (Resolution 2022-32) (This item was continued from the June 29, 2022 City Council meeting.) Community Development Director Morgan Brim will present recommended betterments for the construction of a parking lot on 300 West for the Center Street trailhead. The mayor and City Council will take appropriate action.

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Community Development Director Morgan Brim gave a brief overview of the project and the different options for council to consider tonight. Mayor Pro Tempore Welsh asked for questions.

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Councilmember Flake asked for clarification on the parking lot options.

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Councilmember Sifuentes thought that they should only put in the north parking lot. She did not favor the south parking lot because it would draw in more people to a residential area. She agreed with the ADA improvements that had been presented. Councilmember Flake agreed.

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Councilmember Rasmussen wondered if the city did not also install the south parking lot, were people going to come anyway. A discussion ensued.

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Mayor Pro Tempore Welsh called for a motion.

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Motion: COUNCILMEMBER SIFUENTES MOVED TO ADOPT RESOLUTION 2022-32, APPROVING THE PROJECT CONSTRUCT 300 WEST TRAILHEAD PARKING PROJECT, NORTH PARKING LOT ONLY, AND DIRECT THE CITY MANAGER TO ENTER INTO A BETTERMENT AGREEMENT WITH HOME CENTER CONSTRUCTION, ALONG WITH THE ADA IMPROVEMENTS WITH THE 75/25 SPLIT WITH THE RDA. COUNCILMEMBER FLAKE SECONDED THE MOTION.ROLL CALL WENT AS FOLLOWS: MAYOR PRO TEMPORE WELSH, MAYOR FULLMER, COUNCILMEMBERS FLAKE, RASMUSSEN, AND SIFUENTES VOTED YES. THE MOTION CARRIED UNANIMOUSLY. 9.2 DISCUSSION AND ACTION–Geneva Road Mixed-Use Zoning Text and Map Amendment (Ordinance 2022-09) (This item was continued from the June 29, 2022 City Council Meeting.) Community Development Director Morgan Brim will present a Zoning Text Amendment and Zoning Map Amendment request from X Development regarding their property located along Geneva Road, known as the Geneva Retail Frontage Subdivision. The applications propose a new zoning code and amends the current zoning map to create the Geneva Road Mixed-Use Zone. The subject properties are approximately 11.3 acres in size. The mayor and City Council will act to approve (or deny) this request by ordinance.

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Mayor Pro Tempore Welsh turned the time over to Mr. Brim.

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Mr. Brim reviewed the plan and the changes that had been made since the last meeting. A discussion ensued about the decorative fence requirement.

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Eric Towner with X Development thanked city staff for their work. He felt that this was an important part of the city and said that they had planned good services to offer Vineyard citizens, who were currently going outside of city for these services. He asked about the requirement of the 42-inch fence along Geneva Road.

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Mr. Brim responded that the fence would provide a visual esthetic to buffer the overall view into the auto uses. Mayor Fullmer added that with the trail that would be going in, the fence would provide good separation and would allow for great uses.

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Mr. Towner expressed concerns about the fence requirement, stating that they were working hard to attract good operators to the site. He emphasized that the attractive part of this property for a retail user was visibility from Geneva Road. He said that they would be attractive buildings and there would be no need to screen them beyond what the landscaping would do. He also felt that the Utah Department of Transportation’s (UDOT) wide trail/sidewalk system would provide a sufficient buffer.

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The discussion continued about the setbacks, landscaping, and fencing requirements. Mr. Towner stated that he would get pushback from tenants on the fencing requirement.

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Councilmember Flake emphasized that he was extremely concerned about the limited options for entrance and exit to this area with the housing development part. The city’s parking problems were numerous and ugly, and he did not want to add to those problems. He stated that if the developer were to submit a plan for housing at the north end of this development, it would have to be a good plan, or he would vote no. He asked about the fence and a brief discussion followed.

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Councilmember Rasmussen asked Mr. Towner if the car wash reused its water. Mr. Towner replied yes, they had identified a car wash user that recycled and reused their water at a higher rate than others. Councilmember Rasmussen was neutral on the fence. Regarding the housing, she wanted to see rent cap but that was a larger discussion for later.

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Mayor Fullmer was comfortable with everything as it was presented.

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Councilmember Sifuentes stated that she would like to completely take out the residential. She felt that Vineyard had a lot of residential already. About the fence, she said that if it were done right, and were decorative and for an esthetic, such as a split rail fence, it would not be an issue for the businesses.

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Mr. Towner asked if the fence would be a privacy fence. Mr. Brim clarified that it would be a decorative fence that would be part of the landscaping. Mayor Pro Tempore Welsh commented that the idea was to make the area pedestrian and bicycle friendly. A discussion ensued about the fencing requirement.

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Mayor Pro Tempore Welsh asked for clarification on allowing the residential as part of this development agreement. City Attorney Jayme Blakesley explained that housing was not a permitted use in the current version of the agreement but could be permitted through a site- specific zoning decision made via a development agreement. He added that the city would still have the power to reject it. The discussion continued.

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Mayor Fullmer preferred having the ability to make the decision at the time instead of tying the city’s hands.

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Councilmember Sifuentes felt satisfied and remarked that the wording was fair and that they could have the discussion about residential later. She offered to make a motion.

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Motion: COUNCILMEMBER SIFUENTES MOVED TO APPROVE ORDINANCE 2022-09 GENEVA ROAD MIXED USE DISTRICT AS PRESENTED IN THE JULY 13, 2022 DRAFT. COUNCILMEMBER FLAKE SECONDED THE MOTION. Mayor Fullmer asked about including the conditions to the motion. COUNCILMEMBER SIFUENTES ADDED “WITH THE CONDITIONS AS PRESENTED.” Mayor Pro Tempore Welsh asked for clarification on the conditions. Mr. Brim clarified that the conditions which were discussed were already in this latest draft of the ordinance. ROLL CALL WENT AS FOLLOWS: MAYOR PRO TEMPORE WELSH, MAYOR FULLMER, COUNCILMEMBERS FLAKE, RASMUSSEN, AND SIFUENTES VOTED YES. THE MOTION CARRIED UNANIMOUSLY. 9.3 DISCUSSION AND ACTION –Development Agreement for Holdaway Farms (Ordinance 2022-10)(This item was continued from the June 29, 2022 City Council Meeting.) Community Development Director Morgan Brim will present a development agreement between Cadence Vineyard 400, LLC and Goodboro Vineyard Holdaway, LLC and Vineyard City. The development agreement is regarding the property known as Holdaway Farms. The property is located west of the current 400 South Main Street termination, Serial No. 18:021:0014, 18:021:0016, and 18:021:0015. The mayor and City Council will act to approve (or deny) this request by ordinance.

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Mayor Pro Tempore Welsh turned the time over to Mr. Brim, who turned the time over to City Attorney Jayme Blakesley.

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Mr. Blakesley explained that the last time this was before the council, there were a few items pending negotiation with the developer. The big topic was the phasing plan for the parks and streets. The different items would be platted with the phase, and they had to be completed before the conclusion of that phase. He mentioned that parks would go through the normal park naming process. He then explained the cost sharing and phasing of the streets. He indicated that Mayor Fullmer wanted to discuss the Main Street connection to the eastern terminus and whether it could be advanced to Phase 1, and he had asked the developers to see if that could be included. He explained that they had negotiated a 180-day period for completing the plantings, and a prohibition on accessory dwelling units (ADUs) on lots less than 6,000 square feet.

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A discussion ensued about landscaping, setbacks, ADUs, and the name of the development not including the word “park.” Mayor Pro Tempore Welsh suggested that the city retained the right to name the parks.

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Mayor Fullmer asked about advancing the 400 South Main Street terminus into Phase 1. She emphasized that for this development to work, any population that was added would burden roads, so it was critical to provide necessary infrastructure at the beginning.

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Ryan Bybee with Cadence Homes stated that they were trying to frontload infrastructure as much as they could, but there was a breaking point with the amount of money it would cost. He explained that they would start construction of Phase 2 well before they were halfway done with Phase 1. This would allow them to offset the investment being made. The discussion continued.

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Councilmember Rasmussen stated that she would not vote for it unless the road was in Phase 1. The discussion continued and Mr. Brim suggested changing it so the Main Street connection to 30 West would be in Phase 2 and the 400 South to Main Street connection would be in Phase 1.

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Mr. Bybee expressed frustration with the request because, as he explained, the road would be completed before the beginning of Phase 2. He wanted to know what was most important. Mayor Pro Tempore Welsh responded that the top priority was the 400 South to Main Street connection. They continued the discussion and explored the possibility of keeping the phasing as is and building a two-lane basic asphalt road to connect 400 South to Main Street until Phase 2 came in and then improve it.

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City Engineer Naseem Ghandour explained that widening the road after the fact would result in higher costs, not lower, because asphalt layers tended to move in two different directions with temperature changes, resulting in a permanent weakness. The original section would need to be torn out to redo it properly, leading to a major cost to the city.

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Mr. Bybee emphasized that they had to have revenue before they could build the road, and any financial institution would require them to do that. The discussion continued.

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Mr. Bybee proposed dedicating the right of way for the road to the city, which led to a discussion of that option.

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Mr. Blakesley thought that the offer by Mr. Bybee to dedicate the right of way was meaningful because it meant the city had the ability to cure by approving budget money to build the road. The city could add it to the agreement and propose a trigger: if the 30th Certificate of Occupancy was issued in Phase 1, and the developer had not submitted for Phase 2 approvals, then that would trigger the conveyance of the 400 South right of way from Main Street to the edge of the property controlled by the developer. A discussion of the right of way option followed, and Mr. Bybee stated that he would be comfortable with that proposal.

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Mayor Fullmer asked for clarification on the location of the right of way, and Mr. Bybee described it, and they further discussed the details of the proposal.

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Mayor Fullmer asked for Mr. Blakesley’s input, and he gave his opinion that this was as good a solution that the city could get because a right of way was better than money. She asked about moving the right of way trigger to 16 Certificates of Occupancy.

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Mr. Bybee offered to move from 30 to 24 Certificates of Occupancy as the trigger.

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Mayor Pro Tempore Welsh and Mr. Blakesley summarized that the current changes to the draft development agreement were: - Changing name of the development to not include the word “park” - Parks naming goes to city - If the developer has not submitted for approval for Phase 2 prior to receiving the 24th Certificate of Occupancy in Phase 1, then the developer would dedicate to the city full right of way for the 400 South connection to the eastern terminus.

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Mayor Pro Tempore Welsh called for a motion.

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Motion: COUNCILMEMBER FLAKE MOVED TO ADOPT ORDINANCE 2022-10 HOLDAWAY FARMS DEVELOPMENT AGREEMENT WITH THE ADDITION OF THE CONDITIONS: THAT THE NAMING OF THE PARKS IS RESERVED FOR THE CITY’S USUAL PROCESS FOR NAMING PARKS; THAT THE NAMING OF THE DEVELOPMENT NOT INCLUDE THE WORD “PARK;” AND THAT IF THE DEVELOPER HAS NOT SUBMITTED PHASE 2 FOR APPROVAL PRIOR TO RECEIVING THE 24TH CERTIFICATE OF OCCUPANCY ON PHASE 1, THEN THEY WOULD DEDICATE TO THE CITY THE FULL RIGHT OF WAY TO MAKE THAT CONNECTION TO THE EASTERN TERMINUS.

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Mayor Pro Tempore Welsh called for a second or another motion.

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Motion: COUNCILMEMBER RASMUSSEN MOVED TO CONTINUE THIS.

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Mayor Pro Tempore Welsh called for a second on the first motion. MAYOR PRO TEMPORE WELSH SECONDED THE MOTION. ROLL CALL WENT AS FOLLOWS: MAYOR PRO TEMPORE WELSH AND COUNCILMEMBER FLAKE VOTED YES. COUNCILMEMBER RASMUSSEN VOTED NO. COUNCILMEMBER SIFUENTES ABSTAINED.

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Mayor Fullmer asked if Councilmember Sifuentes wanted to continue the item. She asked Mr. Blakesley about voting on Councilmember Rasmussen’s motion. Mr. Blakesley explained that because there was a second on the first motion, every member of the body must cast their vote and then the motion would either pass or fail, and at that point they could consider the other motion.

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Mayor Fullmer sought clarification from Councilmember Rasmussen of what she sought from the developer. Councilmember Rasmussen stated that she wanted a more robust understanding of it since she was not completely sure of it yet.

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Councilmember Sifuentes did not think that further discussion would change anything and therefore stated that she was changing her vote to yes. COUNCILMEMBER SIFUENTES CHANGED HER VOTE TO YES. She continued, stating that she wanted a commitment of 16 homes and would prefer a motion on that. The discussion continued about having an ongoing conversation about that and the need to vote on the motion as moved and seconded.

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Mayor Fullmer felt comfortable with moving forward. She mentioned that she liked to defer to people who voted to continue because she did not think it was a fair vote when not everyone understood the negotiation. MAYOR FULLMER VOTED NO. ROLL CALL WENT AS FOLLOWS: MAYOR PRO TEMPORE WELSH, COUNCILMEMBERS FLAKE AND SIFUENTES VOTED YES. MAYOR FULLMER AND COUNCILMEMBER RASMUSSEN VOTED NO. THE MOTION CARRIED 3-2.9.4 Public hearing – Geneva Nitrogen General Plan Land Use Map and Zoning Map Amendment Applications (Ordinance 2022-12)(A public hearing was held and left open during the May 25, 2022 City Council meeting.)Community Development Director Morgan Brim is requesting city initiated general plan map amendment and zoning map amendment applications for the site known as Geneva Nitrogen located at 1165 North Geneva Road, Vineyard, Utah 84059, Serial No. 17:022:0006. The property is 27.36 acres in size. This rezone would change the general plan map designation from undesignated to Regional Commercial. Vineyard City intends to rezone the subject property from I-1 Industrial to contain the following: -Regional Commercial (Approximately 5.79 acres)-Business Park (Approximately 2.7 acres)-Flex Office Industrial (Approximately 13.9 acres)The mayor and City Council will act to adopt (or deny) the request by ordinance.

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Mayor Pro Tempore Welsh called for a motion to open the public hearing.

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Motion: COUNCILMEMBER FLAKE MOVED TO OPEN THE PUBLIC HEARING AT 8:05 PM. COUNCILMEMBER SIFUENTES SECONDED THE MOTION. MAYOR PRO TEMPORE WELSH, MAYOR FULLMER, COUNCILMEMBERS FLAKE, RASMUSSEN, AND SIFUENTES VOTED YES. THE MOTION CARRIED UNANIMOUSLY.

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Mayor Pro Tempore Welsh turned the time over to Mr. Brim.

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Mr. Brim explained that this proposal was city initiated, but there was a potential buyer for the site, The Boyer Company. He reviewed the concept plans and proposed changes to the zoning map and the land use map and concluded that the Planning Commission recommended approval of this ordinance. He called for questions and a discussion followed.

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Mayor Pro Tempore Welsh said that they were meeting with another landowner later this week and she stated that she would prefer to continue this discussion until after that meeting since it might affect what the city wanted to do with this property.

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Mayor Fullmer agreed, adding that she needed time to review the plan and that she wanted to meet in person to talk about the reasoning behind it.

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Mayor Pro Tempore Welsh called for public comments.

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Nicholai Lazarev with The Boyer Company empathized with the council’s desire to continue the discussion but did want to go on record to state that they had been working with the city since March 9th. All the work and meetings thus far had resulted in the plan that was being presented tonight. He emphasized that they needed to get preliminary zoning approved to get started on cleaning up the site. He expressed disappointment in not being able to get the zoning change approved tonight.

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Mayor Fullmer explained that before The Boyer Company submitted their proposal, the city had been looking at master planning the area. She had been asked to put a pause on that by the developer so they could work together on the issue. She had met with Mr. Nair about making that compromise but since then she had not been able to talk to The Boyer Company about the city’s goals. She stated that, especially since it involved Redevelopment Agency (RDA) funds, this was a big decision for the city. She wanted to take the time to make a decision that showed that they were coming together, especially since the city had paused what they were previously doing to provide that partnership and to make sure that The Boyer Company got what they needed as well. She wanted to meet with them next week and then move forward.

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Mr. Lazarev replied that they were unaware of the previous master planning efforts and asked about the timeline for the re-evaluation process.

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Mayor Fullmer responded that she did not see it so much as a re-evaluation but as a way to meet with them to go over concerns. She felt that it was too long of a meeting tonight to have those kinds of discussions. She suggested meeting next week.

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Mr. Lazarev asked what some of the concerns were and a discussion ensued.

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Mayor Pro Tempore Welsh said that she wanted to continue this to the next agenda in two weeks and expressed confidence that they would be able to agree to something.

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Motion: MAYOR FULLMER MOVED TO CONTINUE. There was a brief discussion about the motion.

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Amended Motion: MAYOR FULLMER MOVED TO CONTINUE THE PUBLIC HEARING AS WELL AND TO CONTINUE THIS ITEM TO THE NEXT MEETING ON THE 27TH OF JULY. COUNCILMEMBER RASMUSSEN SECONDED THE MOTION. MAYOR PRO TEMPORE WELSH, MAYOR FULLMER, COUNCILMEMBERS FLAKE, RASMUSSEN, AND SIFUENTES VOTED YES. THE MOTION CARRIED UNANIMOUSLY.

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Jacob Briggs, representing the landowner Geneva Nitrogen, stated that Geneva Nitrogen was in favor of approving the zoning change. He explained that they saw The Boyer Company’s commitment and felt that the proposed zoning fit well into the General Plan. He explained that buyers and tenants were ready now and urged the council to make a decision soon.

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Mayor Fullmer wanted her comments on this issue to be on the record. She felt that this was a great opportunity to work together and noted that they would be meeting next week. She stated for the record that even with the understanding that was there, she did not believe that the council in the past had made any such acknowledgment of those things with the Geneva Nitrogen plant owner but that she and the council did respect the conversation and would be working together.

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Mr. Briggs thanked the mayor and stated for the record that he was not trying to put his comments on the record and understood her need to respond. He replied that they would have to agree to disagree since there was no need to disagree.

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Mayor Fullmer agreed and added that the city cared about what he was saying and wanted to have a good partnership.

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Mr. Blakesley asked the council to make a motion to include in the public hearing Mr. Briggs’ comments made after the last motion.

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Motion: COUNCILMEMBER RASMUSSEN MOVED TO INCLUDE MR. BRIGGS’ AND THE MAYOR’S COMMENTS IN THE PUBLIC HEARING. COUNCILMEMBER SIFUENTES SECONDED THE MOTION. MAYOR PRO TEMPORE WELSH, MAYOR FULLMER, COUNCILMEMBERS FLAKE, RASMUSSEN, AND SIFUENTES VOTED YES. THE MOTION CARRIED UNANIMOUSLY. 10 ADJOURNMENT

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Mayor Pro Tempore Welsh called for a motion.

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Motion: COUNCILMEMBER SIFUENTES MOVED TO ADJOURN THE MEETING AT 8:30 PM. COUNCILMEMBER RASMUSSEN SECONDED THE MOTION. MAYOR PRO TEMPORE WELSH, MAYOR FULLMER, COUNCILMEMBERS FLAKE, RASMUSSEN, AND SIFUENTES VOTED YES. THE MOTION CARRIED UNANIMOUSLY. MINUTES APPROVED ON: July 27, 2022 CERTIFIED CORRECT BY: /s/ Kelly Kloepfer KELLY KLOEPFER, DEPUty recorder