No Bookmarks Exist.
And we see these things in the name of Jesus Christ. Amen. 00:00:00
All right. 00:00:03
I pledge allegiance to the flag of the United States of America. 00:00:07
And to the Republic for which it. 00:00:11
One nation under God, indivisible, with liberty and justice for all. 00:00:14
All right. We'll move right into an open session. If anybody has any comments, Daria, got anything? All right. 00:00:22
Good evening. My name is Daria Evans, Vineyard resident. 00:00:37
I would have been looking over the agenda for tonight. 00:00:41
And under. 00:00:44
Page 16 of the 19 pages. 00:00:47
And the blue section commented chapter 6. I don't know what under that means, but it talks about having a consultant and I'd like 00:00:51
to know who that consultant is. 00:00:56
And then it talks about the RDA providing funding for the construction of a parking structure. 00:01:02
To serve the multifamily units by the end of 2028. 00:01:09
So does that mean that these homes will be already? 00:01:13
Out way before 2028 Or do they have till 2028 to build the parking structures for these homes? So sorry Daria if you don't mind 00:01:18
when we get into the work session. 00:01:23
I'll have you come back up and ask these questions just so that we can we can all do it all at once instead of splitting it up. 00:01:30
Did you have any other comments besides the on the 5.1? 00:01:35
No, I just had another question about Governor Cox. 00:01:42
Thanks, Aria. 00:01:46
Kaden, you got anything? 00:01:48
OK. All right. 00:01:50
OK. We'll move right into minutes for approval. Do I have a motion on that? 00:01:54
I have one correction. 00:02:00
My last name is misspelled in the November 1st. 00:02:02
No minutes. So if that can be corrected? 00:02:08
Other than that, just removing the N extra. 00:02:12
I'm trying to remember Hold on. 00:02:16
Yeah, I can. We'll go through and make that. 00:02:22
Sorry, yeah, just text written and it was it was throughout so. 00:02:26
OK, Do I have a motion then? 00:02:34
I move to approve the Minutes. 00:02:39
With the state of changes, do I have a second? 00:02:42
Second, thanks, Chris. All in favor, aye. All right, we'll move into business item 4.1, pointing a Planning Commission chair and 00:02:46
vice chair. So we've put this off a few Times Now. Do you think we can put it off? 00:02:53
According to our bylaws, I cannot be the chair again. So we're definitely breaking some bylaws. So the way this works for you guys 00:03:02
that are new, in doing this you would make a motion saying that you. 00:03:09
Nominate. I would like to nominate. 00:03:18
X person to be the. 00:03:22
One of the sitting members of the DRC is the chair of the Planning Commission member. 00:03:56
Or chair of the Planning Commission? Or their design? 00:04:00
So it does require a little bit more time outside of Planning Commission, we hold the DRC meetings on the Thursdays after. 00:04:03
Planning Commission at is it 9 or 10 at 9:00 AM here at City Hall is that something that the vice chair can go to if they yeah. 00:04:11
It's like it's their designee. So somebody from the complaining Commission, that's. 00:04:17
And the designee is that specified as a member of the Commission. 00:04:27
Yeah. 00:04:31
Making sure we don't get some weird scenario. So and and the the main really the only thing you're voting on in the DRC is the 00:04:34
approval final plat that's now done through the DRC. But you'd still get to take part in kind of the discussions that we have more 00:04:39
in depth conversations regarding different planning projects like site plan applications and stuff before they get to Planning 00:04:45
Commission, they go through the DRC, that's great. How often is that meeting? 00:04:51
So it's the 1st and 3rd Thursday of the month at 9:00 AM here at City Hall. 00:04:57
It is also a poke meeting so anybody from the public is welcome to come to it. 00:05:02
Can we have discussion? Yeah, yeah, yeah, I have discussion. You had been interested in being chair before. 00:05:10
I am still willing. I would need. 00:05:17
Hey Vice chair, who is? 00:05:21
My work is. 00:05:24
Busy I can make. 00:05:26
But it can also be impossible to make time and we can also and correct me from I'm wrong, but we we could do remote too. So if if 00:05:30
it's hard to leave work and you have an hour then we would be able to to pipe you in that way. 00:05:38
Also also, who are the current sitting members on the Commission, so you have department heads? 00:05:49
I mean. 00:05:57
I don't know. I don't know. I think all five of you. Are you all. 00:05:59
Regular members. 00:06:03
Pretty sure. 00:06:05
Are we if? 00:06:06
I don't think we are unless I don't know if we received clarification on a Bradley *** was a sitting member of Kaden was. 00:06:09
The motion to appoint them was rather vague. 00:06:17
Yeah. 00:06:21
Yeah. 00:06:24
I haven't heard. 00:06:27
And select from. 00:06:29
That is. 00:06:31
OK, OK. And so an alternate can't make a recommendation. 00:06:33
To the Commission a nomination, I guess, not a recommendation. They can't make a nomination. 00:06:37
So just. 00:06:44
Just to. 00:06:46
Clarify the the, the members. We have it all online right now. We have the main members being Bryce um. 00:06:48
Chris Brumwell, Nathan. 00:06:55
And Tay, so we have four of those and we have 3 alternates and that will be grade in Steve and Bradley. 00:06:59
So we have that differentiated on the I, like I said, I think we need to get some clarification. 00:07:08
That list is might not be accurate, we just don't know right now. 00:07:13
OK, I would nominate. 00:07:18
Tay Gudmansen as. 00:07:22
OK, OK. 00:07:24
That being said, is there someone? 00:07:28
Who has availability at 9:00 AM on Thursdays that can make the meetings if Tay is unavailable? 00:07:31
I could do remote I would never be able to be in person, but I could likely arrange my schedule to join remotely at any meeting as 00:07:41
needed. But I just generally need to. 00:07:47
If somebody else could be vice chair, that's totally fine. 00:07:53
Yeah, I think you'll want somebody that can. 00:07:58
Be there in person more often than not and. 00:08:01
Reserve remotes? Kind of a yeah. I could always be there remote, but in person would be tough. 00:08:05
I I can be there all the time. 00:08:12
It's my last year. The other thing I should mention the chair, we do the City Council meetings, they do have a report just on what 00:08:15
happened at the Planning Commission previously. So that is another kind of requirement of the chair or the vice chair if they are 00:08:20
asked to fill in. 00:08:26
Are those reports typically given more at the beginning or the? 00:08:31
At the beginning. At the beginning. 00:08:36
Can Bryce be vice chair? You can't be charged. I can be vice chair. I can't be chair again. Which? 00:08:41
It's all the same to me. I would also nominate Bryce as vice chair. 00:08:48
I have a just a quick question Bryce and we can look this up. Is this two years in a row that you've been I was chairman for two 00:08:53
years in a row? 00:08:57
I think in our by. 00:09:02
It stayed. There's like a two year limit. Yeah, yeah. But I mean they're your bylaws. I I don't know if bylaws have to go through. 00:09:04
Would that include the. They'll need to follow them. That would not include vice chair. So I think as I understand it, the motion 00:09:10
on the floor is that today's service chair. You service vice chair. I'm sorry. That's great. 00:09:17
So it's the nomination of formal motion, yeah. 00:09:25
There you go. OK. Yeah. We will second it. OK. All in favor. Aye. Is this roll call kind of thing? No. All right, we're done. 00:09:29
Congratulations. Good job. OK, moving into work session 5.1, moderate income, housing, general plans, cash. 00:09:38
Presentation right now we'll make. 00:09:48
Fairly quick. We just wanted to give you guys a brief update on our moderate income housing report. This is something that we are 00:09:51
required to submit to the Department of Workforce Housing each year. 00:09:57
Because we have a city of over 5000 people and then we have an additional requirement because we have a fixed rail station. 00:10:05
And so just a little background on this. 00:10:12
I think I kind of went over that first point already. 00:10:15
We submitted 6 strategies this last year and we only had a requirement of five, So we're doing well there. 00:10:21
So I just wanted to briefly go over the different strategies to let you guys know of what we are aiming for with the the moderate 00:10:28
income housing plan and and maybe answer some questions that I heard earlier. So I can quickly go over each one of these 00:10:34
strategies. The first one is dealing with impact fees, just remove, reduce wave or eliminate impact fees. 00:10:40
And how we are accomplishing this is we are funding some master plan studies for our utilities. 00:10:47
And that will help guide us in these decisions later on of how we can reduce these impact fees. 00:10:54
To help provide. 00:11:00
Easier path to moderate income housing. 00:11:02
The second strategy is to adopt A station area plan. So we chose in the first quarter of 2023 Sasaki as a consultant with the the 00:11:04
aid of Mag Mountain Land Association of Governments. 00:11:10
To help design our stationary plan. So that's been ongoing since then. We are hoping to have that adopted sometime in 2024. This 00:11:18
says early 2024, but my guess it'll be closer to the summer. 00:11:24
We're still working on quite a few things with that project and it will come to the Planning Commission for approval. 00:11:32
I believe right stationary. 00:11:37
Strategy 3. 00:11:40
Or for recommendation correct. 00:11:42
Strategy 3. 00:11:45
Is to zone a rezone for higher density for moderate income residential. 00:11:47
Development and commercial or mixed-use zones near major transmit investment corridors. It is a bit longer. That's why the dots 00:11:51
are there. If you want to go back, that's in the staff report each one of these. 00:11:56
And then I just said we've been working with Flagborough, we've processed 5 site plan applications. 00:12:01
And two Platts to allow for the construction of up to 871 units in the downtown. 00:12:06
Strategy 4 This is. 00:12:12
Create or allow for introduce regulations related to internal or detached accessory dwelling units. 00:12:15
Residential zones and this In 2023 the City Council voted in favor of allowing detached ad use. So just allowing another type of 00:12:20
Adu as that was not an allowed use before. 00:12:26
The Fish strategy is amend land use regulations to eliminate and reduce parking requirements for residential development. 00:12:34
Where a resident is less likely to rely on a residents owner vehicle and so this one we entered into a contract with Ave. 00:12:41
Consultants. I think that's sorry I had that question earlier. 00:12:47
To perform this parking study, so far we're in the data collection phase. We're nearing towards the recommendation phase. So 00:12:53
throughout the last few months, Ave. consultants have been driving around the city collecting data on parking. They're usually out 00:12:59
there at like 1:00 or 2:00 AM, just counting. 00:13:04
Cars just to provide us insight on where we have parking issues. 00:13:10
Areas that may not have parking issues that we think there are some and whatnot. Anyways, they'll provide us with kind of these 00:13:16
third party recommendations that we can look at implementing into our our code for parking. 00:13:21
And then the last strategy, Strategy 6 is create a housing and reinvestment zone. And so this one, we did receive the HRG zoning 00:13:28
designation. 00:13:33
And then the RDA board was assigned to administer the HDRZ funds and operate as HDRG board. 00:13:39
So ongoing. 00:13:45
Each year we have to keep working on each one of these strategies. It's not like you can check it off and say we're done. 00:13:47
We do have to continually show progress and if we don't then they. 00:13:54
Deny our moderate income housing report. And when they do that, it's, I don't know exactly everything that happens, but it has to 00:13:58
do with priority funding for transportation. There might be more consequences besides that. 00:14:04
But so far we've done well each year and getting this. 00:14:11
But if you guys have any questions about any of these strategies or at the end of my staff report I showed all of the different 00:14:15
strategies that the state allows us to select to use. 00:14:20
And so we could throughout this year, work on changing some of these strategies to implement different ideas that the state has 00:14:25
allowed. But we do have to stick to that list. 00:14:30
Yeah, sure. 00:14:36
And you have them. 00:14:38
On that strategy for the downtown 800, something using those are moderate income housing units. 00:14:40
So. 00:14:47
The strategy? All it says is for higher density or moderate income residential. 00:14:50
So they don't have to be like income restricted, it's just saying moderate income or higher density and the state was fine with 00:14:58
our interpretation of that. 00:15:02
OK. Just to add something through the HTRZ zone, it does require 11.2% that was our approval to be designated within the 80th 00:15:07
percentile for AMI. And so and that's that would be within 1/2 mile. The unit's located within 1/2 mile. 00:15:17
And so we'll we'll we'll be tracking those and. 00:15:30
That comes into. 00:15:34
When they go for financing for like vertical development, so we can get more information as far as like windows get designated. 00:15:37
I think that would be helpful for us to start start tracking those as. 00:15:44
Yeah. 00:15:49
Yeah. Out of these lists, we did choose different strategies that we felt felt within our general plan. 00:15:53
There's there's some of these like let's see the a lot of these have to do with like redevelopment of. 00:16:01
Uninhabitable housing stock, right? We don't really have that problem here in Vineyard yet. 00:16:08
There's different strategies such as allowing single room occupancy develop. 00:16:14
We just felt that the the six that we selected fell within our general plan a little bit better and allowed us to to work on 00:16:20
policy to implement. 00:16:24
Such as I I presented earlier and I'd say on the single room occupancy that was one that I believe we. 00:16:29
We had a discussion on when we did the initial amendment and there there seemed to be some reluctance on that one. So that was one 00:16:35
that we dropped. 00:16:40
My understanding is that we can either pick another strategy. 00:16:45
We can replace one if we want, or we can find ways to continue to implement correct the existing strategies that we have adopted. 00:16:51
Yeah. And the state will push back on us if we say we're continuing to do this, you know, master plan study on our utilities. 00:17:00
They're going to say that's not good enough, you need to show actual progress and they'll just say you cannot use the strategy 00:17:07
going forward. And that that happened to us the last year. We had one of those strategies that we said we're still working on this 00:17:12
and they said no, you're not. 00:17:16
OK. 00:17:21
Yeah, I think keep the current strategies in place and if the state comes. 00:17:24
Forward kind of look at some other ones. I think the single room occupancy thing was one that we agreed as a Planning Commission. 00:17:31
Could we would be workable for us. I think it got knocked down. No, it was here that we decided to change that. 00:17:38
I think there are some other ones that we could. 00:17:46
Replace if we have an issue. Do you guys foresee us having an issue with any of these? Well, what we could do? 00:17:49
And cash will be leaving this. But let me know what you think on this. 00:17:57
We might have issues with that one going forward as well as the develop and adopt A stationary plan. This year we will adopt it. 00:18:32
But going forward after that we might have to pick a new strategy as it has been adopted. 00:18:38
We do have things like the the reduction of impact fees. 00:18:45
So, yeah, that's one that we they said we were OK, OK, but that's so. So that's one if we just show in the master plans that we 00:18:50
analyze that correct that that would qualify and and there's other ones like this one that we could pick up like strategy R, which 00:18:56
is eliminate impact fees for accessory dwelling units that are not internal. 00:19:02
So that's something that that our impact fee study could also hopefully guide us in that wouldn't be too hard to implement. And 00:19:08
then Jay, along with that where maybe you allow a 5% increase in far just a very simple standard like that would be really easy to 00:19:15
do accompanied with the impact fee study. Then you don't count 2 with really one action, yeah, that's a good idea. 00:19:22
Absolutely. So I think what we could do is next step is when we come back have some some suggestions of of kind of like the the 00:19:30
next step and then once we see alignment from the Commission on what those next steps could be, then we would do a general plan 00:19:37
amendment and place those next steps in the general plan. So I would anticipate every year we're going to be the general plan and 00:19:43
it is a little confusing. The reporting period is August to August. 00:19:49
And so we do have to make those changes before August if we want to show that we're making progress. 00:19:55
On any of. 00:20:00
And then, yeah, I think the report is due by the end. 00:20:03
Was it November? Yeah, it's like October, but they do give us until I think February, a date in February to fix any issues that we 00:20:06
may have had. 00:20:11
But like I said, we got approval back in January. In the past, our report was approved really easily. Now though from what we've 00:20:16
heard is that. 00:20:20
Basically stage one wants to make a statement. They want cities take this really serious. So they essentially denied a lot of 00:20:25
people's application. So they they, they denied our first attempt. Then we had to go back through and justify each of those. So we 00:20:30
had to submit twice, but we were approved. We just had to provide a lot more justification. So the state every year is taking this 00:20:35
more and more serious and so. 00:20:40
Yeah. Anyway, thanks Cash for jumping on us or early on, but we'll. 00:20:45
We'll we'll bring back some suggestions and if any of you have suggestions of like next steps as well, you know we're happy to. 00:20:50
To bring those back, OK. So kind of just to wrap my mind around this, we have six of these currently that we're working on and say 00:20:58
we accomplish a bunch of different things within those six like you were talking about how? 00:21:04
Accomplished. I can't remember which one you. 00:21:11
Right. TRZ designation. Yeah. So we accomplished that. 00:21:14
Do we just continue doing this until we've accomplished everything on the list, even though we don't want a handful of things that 00:21:18
are on the list? 00:21:22
And if that's the case, like. 00:21:25
How long are we going to continue with this for? 00:21:27
Benefits that we're getting from it, Are we trying to hurry and use those benefits now? 00:21:32
How are we going about this? I'm kind of curious. We get priority transportation funding, right? That's that's my understanding. 00:21:37
That's what you preserve you you basically lose the ability to get. 00:21:43
In line for those. 00:21:51
Discretionary Resources. 00:21:53
Your question is a good one this. 00:21:57
It's a state mandate, you know, we comply in that way. Vineyards in a better position than just about every other city in the 00:22:00
state because. 00:22:05
It has a good mix of housing. 00:22:09
The unfortunate thing is, this is written mostly for cities, not like Vineyard, and you don't get credit for things you've already 00:22:13
done. 00:22:17
So it seems you end up on some of. 00:22:22
Establishing new goals, you know, establishing new priorities and then I think. 00:22:28
When we communicated to the state, you have to make a big deal of look at all we've already done and are already doing. You know 00:22:33
when you get them approved, but you're. 00:22:37
Your report and the things. 00:22:42
That you're doing as a city I think is better than what you're going to find in just about every other city in the state. And I 00:22:44
would bet too, because we see amendments every year that if they're seeing a lot of those items being checked off by other cities, 00:22:50
then they probably would have more, yeah, find other things to add in the. It kind of it kind of incentivizes cities to slow down 00:22:55
and be like, yeah, we're doing a little bit right now and then the next year do a little bit more instead of just like doing it, 00:23:00
yeah. 00:23:05
Anyway. 00:23:11
Did you have any other questions you wanted to cool? 00:23:13
Daria Evans, Vineyard resident, Thank you. 00:23:28
OK, I'm. 00:23:32
Thank you for answering my questions. 00:23:35
But I do have a couple more. 00:23:38
That section. 00:23:42
That you had up on the board? 00:23:44
Zoning incentives. What kind of zoning incentives are we considering? 00:23:47
And then also, you know, Governor? 00:23:52
Has mentioned about the first time buyers with a $20,000 incentive. 00:23:55
Where, Where? 00:24:01
Plan Are we going to be able? 00:24:04
Have those types of homes available. OK, so I can answer the J1 real quick. 00:24:07
That's not on the city's current plans. 00:24:14
We can pick out of. 00:24:18
X on which ones we want to do and in the ones you saw in yellow highlighted, those are the ones the cities. 00:24:20
Decided to move forward on that. We're going to push on because you need to pick six of them and so Jay currently is not one that 00:24:26
the city is considering. 00:24:31
Having in our general plan, but that could refer to. 00:24:36
If you add moderate income housing, we we can reduce setbacks. We could increase heights. 00:24:41
You know, decrease landscaping like things that a developer would want to incentivize them to do it, add more density. So there's 00:24:48
there's there's things like that. So that that could be a potential in the future. That's what we have control over is the zoning. 00:24:55
And then? 00:25:04
Yeah, just about. You know, what about this first time? 00:25:05
Plan that Governor Co. 00:25:09
Mandating. 00:25:11
You know where where are these type of homes going to be located in this HRTZ or are they going to be located in this HRTZ, they 00:25:13
they would not be located in necessarily in. 00:25:20
HRG is going to be right next to the transit center, so it's going to be a lot more high density than I believe the the program 00:25:27
you're talking about would require. 00:25:31
Do we have any idea where those type of homes would be going? Because that's kind of a mandate, isn't it? 00:25:37
It's not a mandate and and there frankly is not much of A municipal role in in rolling that out. It's handled through the state. 00:25:43
And it's a it's a direct incentive to the home buyers. 00:25:51
It would have to be new construction. It would not be existing stock and then its homes under a certain value and then people for 00:25:55
who qualify under a certain income and then I think they have a pot of money and once it expires every year it's done. 00:26:03
So it so we don't have to worry about, no, the city doesn't play a role in administering that. It would it's eligible to be used 00:26:11
anywhere by anybody that that fits the criteria and the home they're buying fits the criteria. 00:26:18
I think where it may not apply to the HDRZ is. 00:26:26
It's, I believe for townhomes and single family homes. Not. It's not for yes and for purchase. It's not for. 00:26:29
Multifamily housing or for? 00:26:38
Housing there is in the HTRZ, as Morgan mentioned. 00:26:41
An allotment of units that will be available. 00:26:46
I forget what percentage you said of AMI, but it's 80%. 00:26:51
Yeah. 00:26:55
You would look. 00:26:57
The income and then the ratio of what the median income is relative to housing and then they have to set it. 00:26:59
At 80% roughly of that. 00:27:06
But that's different than the state program. OK. All right. Well, thank you very much. Thanks, Aria. 00:27:08
Thanks, Jamie. 00:27:15
All right. Any other questions? 00:27:17
Comments. 00:27:21
OK, if not, we'll move into the training session this. 00:27:23
Jamie Blakesley is. 00:27:29
Doing a training session for us on Open Meetings, Act and Code Enforcement. 00:27:32
This is why you all came, right? Yes, Sir. 00:27:38
Cash we help me with this. 00:28:20
Yeah, well, I already have it. 00:28:25
I thought I click. 00:28:29
Technical solution good. 00:28:32
All right. It's good to be with you today. I'm Jamie Blakesley, the city attorney. For those who don't know me. 00:28:41
We will fly through this at whatever pace is relevant to you and my preference. 00:28:47
Is interrupt me and ask questions. Let's have it be a dialogue now just me running through. 00:28:52
So I've prepared materials, but if you want to depart from that and talk about different things. 00:28:57
We certainly can. 00:29:01
You're required every year to do open and Public Meetings act training, and so the first portion of that is open and Public 00:29:03
meetings act. That's a repeat for many of you, so. 00:29:07
I'm going to go through this pretty quick on open and public meetings. 00:29:12
But you are a public body, and as such you're required to conduct your deliberations openly. That means. 00:29:16
You have a quorum present. 00:29:25
It's a quote. 00:29:26
And when you hold a meeting, they have to be open to the public, and open to the public has. 00:29:28
Some requirements that come with it, you have to publish an agenda that has 24 hours notice. 00:29:35
Your agenda has to reasonably specify the topics that you'll take action on. 00:29:41
And then you cannot act on anything unless it. 00:29:47
In that notice. 00:29:51
Electronic meetings are allowed. There's a policy in Vineyard that allows for electronic meetings. You do have to have an anchor 00:29:58
location where people can attend. Typically you want the chair of the meeting in that anchor location, but. 00:30:03
You can't attend and participate remotely. 00:30:08
You are required to keep minutes of your meetings and a recording of the meetings. The recording has to be available within three 00:30:11
business days of the meeting and then the minutes can be available at a later point in time. 00:30:17
Recordings are permanently RET. 00:30:24
By the city and available to anybody that wants. 00:30:27
These are the things that need. 00:30:32
In your written minutes and on minutes, there's not a requirement that they be prepared within a certain amount of time, but once 00:30:35
they're. 00:30:39
Then they have to be posted to the official record and be part. 00:30:43
Record of the meeting. 00:30:48
You cannot act on an ordinance or a resolution. 00:30:51
Unless it. 00:30:54
Adopted in a. 00:30:57
Pursuant to the Utah, but in public meetings. 00:30:59
Most ordinances and resolutions don't require a hearing. There are some exceptions and you'll see that the 4th one down. 00:31:02
On that list applies to just about everything you. 00:31:08
As a Planning Commission, anytime you're considering a land. 00:31:12
Regulation. Then there's a hearing requirement, and typically that hearing occurs. 00:31:15
Before the planning Comm. 00:31:20
You are allowed to hold closed meetings in certain circumstances that. 00:31:23
Very rare with Planning Commission meetings, it can. 00:31:27
On the list of purposes for which you can go to a closed meeting, the. 00:31:33
Most often come up before the Planning Commission would be. 00:31:37
Strategy session about the purchase or. 00:31:41
Of real. 00:31:45
I don't know of anything before you right now that would require that, but if it could occur. 00:31:46
Many of the other things that would be for a closed session, litigation, personnel decisions, those kinds of things. 00:31:51
Are not within the purview of a Planning Commission. Really. Don't come up. 00:31:58
In the seven years I've been on Planning Commission, there's never been a closed session. No, that's not unusual, so we won't 00:32:01
dwell a lot on that. 00:32:06
You keep a record for certain closed meetings. For others, you're allowed not to keep a record. 00:32:10
Of what's discussed. 00:32:16
You can hold emergency meetings again. I don't know if this happening with Planning Commission or Planning Commission type 00:32:18
decisions. 00:32:22
You're also allowed to hold special meetings. Special meetings do happen from time to time, especially if you have applications 00:32:26
that have. 00:32:30
A short time frame for turn around and you need something that's not on your regular. 00:32:33
You're allowed to hold a special meeting. There's a difference between a special meeting and an emergency meeting. 00:32:38
But you. 00:32:44
Things to be aware. 00:32:46
The act does not apply if you have a chance gathering or a social gathering. So if you run into each other at the grocery store, 00:32:48
at church or a park. 00:32:51
Or a movie. You don't have to. 00:32:56
About having a quorum together, unless you use that gathering as an opportunity to conduct business. 00:32:59
If you have a conversation about things that are or could be before the Planning Commission for you to consider. 00:33:06
You have to have those conversations. 00:33:12
Together as a Planning Commission you can have one off conversations where you and another Commissioner are discussing things, but 00:33:14
anytime you have three of you. 00:33:19
Then it would become technically a. 00:33:23
You have a public body that has altern. 00:33:26
And I view the alternates as a member of the public body. So if there's three of you, any of the seven of you. 00:33:29
Then that would technically be a quorum, since they are eligible to fill in for you if you're absent. 00:33:37
And to vote in that. 00:33:43
Circum. 00:33:45
There are criminal penalties for a violation of the open and public meetings. 00:33:47
And then? 00:33:53
A note on electronic messaging. Electronic communication. Things like text messages, emails. 00:33:55
Facebook thread. 00:34:01
Can all. 00:34:03
Meetings if you have more than two of. 00:34:05
On the same thread and conversing in the same thread. Just don't ever reply all in the stuff. When we get an e-mail from one of 00:34:08
the staff or something, don't don't reply all. Yeah, BCC is your friend. 00:34:15
On those kinds of. 00:34:22
That's really it on open and public meetings. Any questions before? 00:34:24
I move on. 00:34:28
I wanted to talk a little bit about the Land Use Development and Management Act. So the request was that today I talk a little bit 00:34:30
about code enforcement. 00:34:34
That's a bit of an odd topic for Planning Commission because you. 00:34:38
Have very little authority on code enforce. 00:34:42
But your decisions about land use ordinances may be informed by code enforcement and what's working and what's not. 00:34:45
And so I wanted to frame the conversation in. 00:34:53
What are your authorities? How does it work and relate to state law? And then when we look at code enforcement, how might that 00:34:56
process? 00:35:00
Inform the work that you all are tasked. 00:35:04
So cities have land use authority vis A vis the state. 00:35:07
In Utah, they're creatures of the state, and you're given the authority to adopt your own land use standards as long as they're 00:35:11
consistent with federal law with. 00:35:15
You have to have a Planning Commission, you have to have land use and appeal author. 00:35:19
You have to adopt A general plan and have a process for considering any new land use applications. 00:35:23
And then LUDMA has general themes that are consistent with property rights of individuals. 00:35:29
And where there's tension in the ACT it. 00:35:35
Forces cities to interpret their ordinances and to look at matters in a way that favors the applicant. 00:35:39
And not. 00:35:45
And so it can sometimes feel a little bit like you're running uphill. 00:35:47
As a Planning Commission and as a city when you're trying to adopt your ordinances. But. 00:35:52
A few things noted there. Once you write your rules, they. 00:35:58
And we'll talk about that a little bit with code enforcement and how things are enforced and challenged. 00:36:02
Land use ordinances have to be plainly written to be enforceable. 00:36:10
Your process is very, very important and when I say Ty goes to the applicant or the property owner, there's a provision in state 00:36:13
law that if. 00:36:17
There's ambiguous language or a question about interpretation. 00:36:21
The interpretation is the interpretation proposed. 00:36:25
The applicant. 00:36:29
I'll also say in the same breath that sometimes applicants will say things are ambiguous when clearly they're not. 00:36:31
And so you do have to make a reasonable read. 00:36:36
Of what's in the statute and what's in the language. 00:36:40
Roles and responsibilities in the city have a legislative body. You have a land use authority. There are a few different land use 00:36:43
authorities. Now and then you have an appeal authority. 00:36:48
The legislative body is always the City Council and only the city. 00:36:53
The Land Use Authority. There are some land use decisions made by the Council, some made by staff, some made by you, and some now 00:36:57
made by this new entity. 00:37:02
That we have to do subdiv. 00:37:08
Applications and then you have to have an appeal authority and vineyard. The appeal authority is contract hearing officer. 00:37:10
That we'll hear. 00:37:17
This is the framework of the most typical land use actions that come before a city. 00:37:19
Legislation, we've talked a little bit about that's your final adoption of ordinances, final adoption of general plan. 00:37:26
Rezones an. 00:37:33
Those always happen at the City Council level or the general electorate can do it through referendum or. 00:37:35
A ballot, initiative or ballot. 00:37:43
There are administrative decisions that can occur at a number of different levels, but these are things like conditional uses, 00:37:46
site plans, development agreements, subdivisions, code enforcement. 00:37:51
You touch these things often. 00:37:57
I put code enforcement on the list. You don't touch that or have a role in that other than. 00:38:00
Understanding how our ordinances are being enforced and if it's working. 00:38:05
And then you would have a role in changing the ordinances if you wanted. 00:38:10
And then there's a quasi judicial function of the appeal authority or a. 00:38:13
When they consider things like a variance and appeal or judicial review of a decision that's made or an action that's taken. 00:38:18
So how does it all work? 00:38:25
City code. These are your powers and duties. You're the recommending body for four things, and you're the approving body for four 00:38:28
things. So the things you recommend. 00:38:33
You review and recommend the general plan land use ordinances. 00:38:38
And then any applications to amend the general plan or ordinance amendments have to come through the Planning Commission. 00:38:42
And then the City Council, made from time to time, ask for your advice on matters that relate to land use. 00:38:49
In the city and you're an advisory body for those types of things. 00:38:55
A recent example on that and Chris is familiar with this. 00:39:00
The recent General Plan amendment that related to data collection and data management. 00:39:04
And you all played how to function in that and then ultimately was approved by the city. 00:39:10
You're the approving body on a few things, so conditional use permits come to the Planning Commission. You make the final approval 00:39:16
there. 00:39:19
Certain subdivision applications will come to the Planning Commission at certain stages. 00:39:24
There's less of that in the future than what you're used. 00:39:30
Which I think. 00:39:35
Positive change in the law, as long as we monitor what's happening with that and understand how we need to modify or tweak our 00:39:37
ordinances. 00:39:40
To accommodate. 00:39:45
If there's a question about interpretation of a zoning district or a zoning boundary, that's delegated to the Planning Commission, 00:39:46
so you would decide. 00:39:50
That interpretation. 00:39:55
And then your own bylaws, policies, and. 00:39:56
You have control over. 00:40:00
Any ordinance adopted by the City Council can be challenged by lawsuit or referenda. 00:40:03
There really are four ways that something can be challenged. You didn't follow the right process. 00:40:09
It's not constitutional. It violates federal law. It violates state law. 00:40:15
And then on a referenda, any newly adopted ordinance, there can be a petition if they get enough signatures. It's a complicated 00:40:20
process, but essentially if they get enough signatures, they can put it on the. 00:40:26
We have had. 00:40:32
At putting things to a. 00:40:35
Here in Vineyard in the last few years. 00:40:38
There have been petitions, there has been signature gathering, but they have not. 00:40:41
Met the signature gathering. Thres. 00:40:45
To get it on the ballot, Holdaway Fields was the most. 00:40:48
Recent one that was challenged in. 00:40:52
Let's go through each of these real quickly, just so you understand how the challenges come about. Procedural challenges, so once 00:40:58
we if we put a procedure in our law. 00:41:02
We have to follow it. If we depart from that, then we can open ourselves to lawsuit. 00:41:06
And can be challenged on that basis. 00:41:12
So you do want to be careful when you create ordinances that if you create a process, it's a process, we have the capacity. 00:41:14
The staffing levels the ability. 00:41:21
Carry out. 00:41:24
Usually what you'll see here is a failure to follow the notice and hearing requirement under state law. 00:41:26
If you don't give proper notice, you don't publicize it correctly, or you don't give notice of enough time. 00:41:32
Then the city's action can. 00:41:38
Challenged constitutional challenges. There are really three types. Due process comes under the 14th Amendment. This gives 00:41:41
everybody the right. 00:41:45
To be heard, to be represented by counsel, and to examine witnesses on anything that relates to their property or if a property 00:41:51
right is taken away. 00:41:56
This includes things like conditional uses or those kinds of approvals. 00:42:01
You have equal protection as if all. 00:42:06
Isn't applied to one group or person equally. 00:42:10
That sometimes can be on its face. It sometimes can be in the application of the ordinance if there are certain groups that are 00:42:14
harmed by it. 00:42:17
And then take insurance as anytime you take somebody's property without paying them for. 00:42:21
There are three types of reviews that you'll see in court strict scrutiny, intermediate scrutiny, and rational basis. Here's 00:42:28
essentially what they mean. 00:42:32
If the challenge is that. 00:42:37
Is doesn't apply equally to other individuals or affects the fundamental. 00:42:40
Then the courts look at it with the. 00:42:45
Of lens. 00:42:47
And so they will look at what the government interest is in the regulation. 00:42:49
They'll look at the regulation itself, and the regulation has to be the most narrow it can be. 00:42:54
To regulate what's being targeted. 00:43:01
Sign ordinances are one that fall under strict scrutiny. 00:43:05
And they have to be narrowly T. 00:43:09
The courts, what they call them as time, place and manner restrictions. But when you can't just make a sign ordinance that you 00:43:12
know says. 00:43:16
We don't like. 00:43:20
You'd have to have. 00:43:22
Relates exactly to what you're trying to Reg. 00:43:25
Intermediate scrutiny. 00:43:30
If you had ordinances that applied only to certain gender classifications or. 00:43:33
Things of that. 00:43:38
Then you have to show that an important governmental objective. 00:43:40
Is being. 00:43:44
And that the ordinance is, quote, substantially related to achieving that objective. A little bit less than scrutiny, but still 00:43:47
quite a high standard. 00:43:51
And then rational basis. And this is what applies to most land use ordinances. 00:43:55
Is simply that you articulate some policy reason for. 00:44:00
Supporting. 00:44:07
Piece of legislation. And so when you are regulating land use, in most circumstances that will fall in this category. 00:44:09
You know your ordinance. 00:44:16
I like bikes more than cars, and so I'm going to. 00:44:19
Just as much parking. 00:44:22
People on bikes as I am. 00:44:24
And it it doesn't matter in that circumstance. 00:44:26
Whether you have data to support that decision. 00:44:32
If that's your preference and your your wish, then you can do it. 00:44:35
Where it gets a little bit tight with planning commissions is that you have some things you do that are legislative. 00:44:39
And if it's legisl. 00:44:46
More often than not, it's going to be this rational basis standard. 00:44:48
And all you have to do is articulate a policy preference or a policy reason and have that on the record. 00:44:52
If it's an administrative decision, you have to have quote substantial evidence. 00:44:58
And that means you have to have things in the record. 00:45:03
And this is the reason. 00:45:06
You'll get advice from me of. 00:45:09
Don't meet with applicants outside of the. 00:45:12
Because if you gather information from them, that is what you use to make your decision. 00:45:16
And it's not introduced in the record or part of the official proceedings of the Planning Commission. 00:45:21
Then I can't defend the action that the Planning Commission takes. 00:45:26
That's also the reason why. 00:45:30
If you do on your own time, visit a site or gather any information about the decision you have to make. 00:45:33
Be sure to bring that information into. 00:45:40
Make it part of the record. So an example if you. 00:45:43
Conditional use application before you for a preschool and you were an in home preschool and you wanted to go see the home, see 00:45:47
what it would be like for the pick up drop off. 00:45:52
How traffic would queue? 00:45:58
Would it extend out among around the block you might go visit the site at. 00:46:01
School pickup and drop off hours to kind of get a sense. 00:46:07
What the traffic impacts? 00:46:11
That's a perfectly acceptable way for making that decision, and that evidence is. 00:46:14
Perfectly good evidence for making the decision, but if you never talk about it during the. 00:46:19
Then you don't have it on. 00:46:24
And you would not. 00:46:26
Anything to support the decision you made, but if you came to the meeting and said. 00:46:28
I went to the site I went on these days and at these times, here's what I observed. 00:46:32
And you explain that and then that's on the record, that would be the kind of thing that would be required. 00:46:38
If you're making a more complicated decision and you wanted to have an understanding of. 00:46:42
Traffic patterns, parking needs, those kinds of things. Then how you would get substantial evidence as you would? 00:46:48
Ask for a parking management plan or ask for a traffic impact study. 00:46:55
Or something of that sort to. 00:47:00
To buttress your. 00:47:02
Courts guy, I'll just note final thing here is courts, as long as you do have substantial evidence, courts are very deferential in 00:47:07
Utah too. 00:47:11
The decisions of municipalities, they're not going to substitute their judgment. 00:47:16
OK, code enforcement. 00:47:21
There is a lot on this. 00:47:24
I know this is small text but I wanted it to be in. 00:47:44
Version of the presentation that goes. 00:47:48
Keep in mind as we talk about this. 00:47:51
The Planning Commission doesn't play an active role in code enforcement. 00:47:54
But it can be helpful to. 00:47:58
What options the city has when it enforces city code? 00:48:01
There are two general categories you can enforce things with criminal penalties. 00:48:05
That criminal. 00:48:11
You know, just as you would think somebody can serve jail time or pay fines. 00:48:14
For a criminal violation. Or you can do Civil Code enforcement. 00:48:19
And there's. 00:48:24
Columns under Civil Code. 00:48:27
That. 00:48:29
A citation is more for a one time violation. So if you think of a traffic ticket or if you were to ticket somebody for not 00:48:31
cleaning up after their dog. 00:48:35
At the park or you were to ticket somebody for parking improper. 00:48:40
That's what we're talking about with the. 00:48:45
Citation typically relates to individual behavior, not violations on property. 00:48:47
And then citations will escalate. So in Vineyard you have $100 for the 1st, 200 for the 2nd, 400 for the third. 00:48:54
And so on. 00:49:03
On civil abatement, if you have a violation, that will continue to exist unless it's fixed. 00:49:06
Then you can. 00:49:12
Give somebody. 00:49:15
Give them a time frame to fix it, and then if they don't, fix it within that time. 00:49:17
Then you can begin accruing penalties. 00:49:22
The requirement in Vineyard is that you give a notice of violation and then at least 10 days to cure. 00:49:26
These are your situations, like weeds on a. 00:49:32
Inoperable vehicles on A. 00:49:37
Mobile homes or those kinds of things. Improperly parked if. 00:49:40
An unpermitted structure. You could go after it in this kind of a way. If you had a building that creates nuisance or as an 00:49:45
eyesore because it violates city code, you could go after it that way. 00:49:51
1° up from that is what we'd call a nuisance violation. A nuisance is anytime you have a threat to public health, a threat to 00:49:58
public safety, or a threat to public welfare. 00:50:02
That either injuries. 00:50:07
Or has the reasonable risk of injuring? 00:50:09
A person or a person's use of. 00:50:14
And so we talked on abatement of things like weeds that might be unsightly or. 00:50:18
Bad if the weed condition got so bad that they. 00:50:23
Grasses and things have grown to where you're worried they're going to spread onto other properties, then it might reach an 00:50:29
abatement level. 00:50:32
But more often, abatement is when your weeds are going to be so bad that they pose a fire risk. 00:50:37
And so you would need to remove them before. 00:50:42
That risk comes about or if you had chemicals on a property. 00:50:45
Something of that sort. 00:50:50
Nuisances cities have. 00:50:51
An additional enforcement tool, and that's abatement that they can go in and fix the nuisance and then charge the property owner 00:50:54
for that cost. 00:50:58
There are some procedural aspects to it, but it gives the city a lot more. 00:51:03
And then the really big thing it does for a city on a nuisance abatement is. 00:51:07
You can recover the cost of a nuisance violation by putting a tax lien against a property, so you don't have to go to court and 00:51:12
get a judgment to collect. 00:51:16
You can just collect it as a delinquent tax. 00:51:22
Jamie, real quick, we had questions with moving or how we are no longer able to do the landscaping bond. 00:51:25
For developments due to the state law, so for code enforcement, would that fall under the abatement category where they provided 00:51:32
these plans? They're not, you know, planting the trees or whatever? 00:51:37
I'm glad you asked that. So there are there are two things. There are two things that newly will be problems for cities that 00:51:44
relate to code enforcement. 00:51:48
One is what cash just mentioned that you can't? 00:51:52
The landscaping bond and so if landscaping is not put. 00:51:56
With a bond, it's nice because you have a resource you can tap into to just put install the landscape or compel that it be 00:52:01
installed. 00:52:05
We now will be in a situation where if the developer owns the property and it hasn't been landscaped, you can go after the 00:52:10
developer. 00:52:13
But in most circumstances, I think you're going to end up going against homeowners. 00:52:17
To force that landscaping. 00:52:22
I don't love that because I think you're going to have some homeowners that won't understand that they have that responsibility 00:52:24
when they buy the home. 00:52:28
To complete the landscaping within a certain amount of. 00:52:33
They're not as resourced as a developer is, and where you don't have a bond, it's just always cleaner. If you have either a cash 00:52:36
bond or an insurance product that you can go after, is the city within its legal rights to at the time of issuing a certificate of 00:52:43
occupancy if they find that the landscaping hasn't been installed? 00:52:49
That they're able to cloud the title which will then. 00:52:56
Create a incentive for the developer to remove that cloud because no one would want to buy a house with a clouded title. Great, 00:53:00
great question. 00:53:04
Eventually yes, but not it's not as simple as flipping a switch. It has to follow the due process of citation. 30 days, notice all 00:53:10
that stuff. What the circumstance you end up in really is if a home is completed and then sold within a short amount of time. 00:53:18
By the time the city issues the notice and provides due process. 00:53:26
The developers got right and it. 00:53:30
And you eventually can get to a point where maybe it would go against the title. 00:53:34
But if you're looking at the column on your sheet, that is civil. 00:53:39
You would not be able. 00:53:43
Put a lien against the title until you have a hearing before an administrative law judge and you go to a District Court and have 00:53:46
that judgment perfected. 00:53:51
And then you would do it as a judgment. 00:53:56
If it's a nuisance level violation. 00:53:59
Which it rarely would be right for landscaping. 00:54:02
Unless you had some kind of safety. 00:54:05
Then it's a little bit abbreviated, but you still have to do the 10 days notice. 00:54:08
Could we have a requirement in code that if a developer doesn't meet its obligation for landscaping and they sell the property, 00:54:13
but during the certificate of occupancy review where you know, yeah we know this is documented, it wasn't done. 00:54:21
Until it is rectified by the developer, even if they. 00:54:29
They could not get an additional any new building permits. 00:54:33
I don't believe you could do that with the new state law prohibition. 00:54:37
So. 00:54:43
I'll look into it. That's a good question. What you're essentially asking is, are there other sticks we could apply, right? Yeah. 00:54:46
And we don't want homeowners to be stuck with something that they may have no idea they're taking on a liability that the 00:54:51
developer agreed to do. What we used to be able to do is a bond and withhold certificate of occupancy, which were important for 00:54:57
the developer, right, because they can't sell the home and and transfer tile until they get ACO. 00:55:03
Those are taken away from us, so that takes me to the second. 00:55:11
That is limiting and it. 00:55:15
The state law no longer allows you to withhold C of O except for. 00:55:17
Life and safety. 00:55:23
Kind of issues. 00:55:24
So if you had a home that didn't have, you know, water or heating or. 00:55:26
Roof properly installed or things like that, that would relate to life and safety. 00:55:32
You could withhold the COO. 00:55:37
Or if you had an unsafe condition you could withhold C of. 00:55:39
But if all that you have is the landscaping is not done or the home's not painted. 00:55:42
You lose the ability to withhold the CFO in that circumstance and so you have to kick over into. 00:55:48
Civil Code enforcement. 00:55:55
Process and it should. 00:55:57
It's a far more labor intensive process for a city to go through in that. 00:56:00
And your chances of. 00:56:04
An amount that. 00:56:07
Exceed your. 00:56:08
Are pretty pretty. 00:56:11
Right, yeah, yeah. Anyway, that's the general overview of administrative code enforcement. You won't play a huge role, but it's 00:56:15
it's helpful to know how that interacts. 00:56:19
The ordinances that you pass and kind of how the whole process works, so. 00:56:26
Any other questions or? 00:56:30
OK. That's it. Thank you. 00:56:33
I guess this brings me to something. 00:56:37
I had mentioned in the past. 00:56:40
Because while we don't do code enforcement, we do make ordinances. We can make ordinances that. 00:56:43
Have code enforcement. 00:56:49
For them. 00:56:51
And one of the things we talked about previously was making it so that when somebody signs a rental agreement that there would be 00:56:55
a page in the rental agreement that says. 00:56:59
That they have a specific amount of parking spaces and that those people would have to sign that rental agreement just so that 00:57:04
they know that they have X amount of parking spaces. 00:57:09
And it could be something that the. 00:57:15
City can use when people come in and they're like, hey, I don't have enough parking, it could be like, well, you signed this page 00:57:19
that says that you have this much parking. 00:57:23
And I think it could be. 00:57:28
A way to kind of ease the burden on the. 00:57:30
And I feel like as far as code enforcement goes if developer, not developers, but people that are. 00:57:33
Renting out their units or something aren't putting this in. 00:57:39
Rental contracts that. 00:57:45
They would have a citation of some sort. Is that something that we can work on? Yeah. So Maria, she's our fairly new code 00:57:47
enforcement person. 00:57:51
She kind of picked up on Tiana's work on a landlord program that the city could implement, so she's just been studying how other 00:57:57
cities. 00:58:00
In the area do something like that. I don't, I'm not familiar with any of them that do like a letter of understanding regarding 00:58:04
parking, but but that is something that that I'll have her look into OK to. 00:58:10
Including this program, OK, I think it, I think it could be beneficial because a big complaint for people that come to the city 00:58:16
with parking issues is because. 00:58:20
Either they didn't know how many parking spots they had, or they were told differently than what is actual. 00:58:25
And so if this is in their rental contract, then a the renter, the person that is renting out a unit, has to prove that they have 00:58:30
a parking spot for them. 00:58:36
And be the person knows when they're renting, like, hey, I have one spot so I can't have four cars. 00:58:43
So, yeah, if we, if we could work on that in a future meeting, I think that that could be really beneficial to the city. Can I ask 00:58:51
a question related to that? Yeah. Does the city currently have any kind of rental registration requirement or database or 00:58:57
incentive to register properties that we don't. The only thing that we do have is that when your renters need to pay the bill the 00:59:02
like utility bills they do have to call in. 00:59:08
And get put on to the the property somehow. So our utilities clerks do actually have that information, OK, of of rentals, but but 00:59:14
that's it right now that's all that we really have. 00:59:20
OK. So that's what Murray is doing this research on is how to implement this program going forward so that we can, because 00:59:26
Vineyard does have a lot of rentals, yeah, make sure that that our renters are being protected like I said with. 00:59:32
Them understanding the parking situation and same thing with occupancy. We could include that in that letter saying I understand 00:59:39
that the maximum occupancy is you know. 00:59:43
Unit is 4 people. 00:59:48
That, that would, that really would help us out with code enforcement. Yeah. The business licenses that we require online, we 00:59:51
don't require business licenses for rentals. 00:59:55
Just accessory dwelling units, correct. Yeah. So I know what some communities do is in order to track whether rental is a long 01:00:01
term rental or a short term rental to then ensure that short term rentals you're collecting tot. 01:00:08
Taxes for as you have some kind of registration to say hey this is a long term rental so therefore I don't need to pay tot and 01:00:16
then you now know where all of the. 01:00:21
Rentals are so therefore you can have these requirements of. 01:00:28
If you're a rental, you got to make sure you've shared parking requirement and you have occupancy covered and all of those other 01:00:32
items, you don't need to charge for it. You don't need to have them pay extra. If it's a long term rental, that's within their 01:00:37
rights to do that. But that also makes sure you know where the short term rentals are, so. 01:00:42
A, you're collecting the tax on that, but B, also public safety is aware where all the short term rentals are and see we don't 01:00:48
allow short term rentals. Well, there you go as of right now. 01:00:52
No, that, that that's all good. I'll include that in my notes and we can, I can work with Maria on that. Perfect. And hopefully 01:00:58
we'll have something in the next few months on this kind of program that we can look into implementing. 01:01:02
Awesome. Thank you, Cash. All right. As far as Commission member reports and Expert Day discussion and disclosure, does anybody 01:01:08
have anything? 01:01:11
Nothing. 01:01:17
Anything from staff? I do have one update. We did get awarded a Bicycle Friendly Community Bronze level once again. Is that 01:01:18
something we can get certified every four years? 01:01:24
And so we we got that this last year and and our Bicycle Advisory Commission can now use our report card to see kind of what areas 01:01:31
we're struggling in and what we can improve. So hopefully the next time we re up, we can maybe get to the silver level. 01:01:38
We go cold. 01:01:46
Anything else, Morgan? You got anything to go for gold? Yeah, just a couple things. 01:01:47
So you know the city. 01:01:52
And I don't know the reason. We're just kind of told us they need to hold City Council meeting on January 21st. 01:01:54
So we will not have Planning Commission. 01:02:03
Or I'm sorry, February 21st, Monday, I wrote. 01:02:06
Months are weird today, so our next meeting will be on March 6th and we'll have we'll have quite a few items. One of those items. 01:02:11
Is going to be Anthony presenting our updated Waterfront master plan. So that's specifically for not the full plan, but it's the 01:02:18
Vineyard Beach area he has. 01:02:24
Worked really hard. Put 100 plus hours over the last, I would say the last month. I mean really just has gone for it and helping 01:02:30
to design it. He's managed a large team of professionals and done just amazing job. Just on Monday he presented before the T tab 01:02:35
board that's. 01:02:40
Tourism, Tax, tourism. 01:02:46
Something more Advisory Board. Yeah. So they they they provide recommendations to the the Utah County Commission. 01:02:49
And so we were able to get a 24 month extension on our grant that we received a few years ago. It's taken a lot of planning. So we 01:02:57
need a little bit more time. They they love the plan and we're hopefully going to. So that's a $3,000,000 grant that we have. 01:03:04
And we're looking for other, you know, ways of getting some more, some more funds to that cool. And so that'll be pretty exciting. 01:03:12
So he'll provide an update on on March 6 and provide kind of that same presentation that was given to the county. So that should 01:03:20
be exciting. We do have the Utah IPA. I think we brought this up before the Cedar City Conference May 10th through the 12th. 01:03:27
So we have today going. If anyone else would like to go, let us know. 01:03:36
OK. Yeah. If you want to verify that and then those that want to go, let us know and we'll get you signed up and the city will 01:03:42
come. We we budgeted for it. So if you could just send Anthony I an e-mail just saying that even if you're interested in going 01:03:48
right now that way, the dates again, so that's May 10th through the 12th. 01:03:55
I just have to. I have my kids that week, so. 01:04:01
You can bring I'm gonna be a shuffle. We'll get you A2 bed hotel room. 01:04:05
For kids? Sounds great. We can't buy them food. We can buy you food. 01:04:11
Just eat a little bit portion of that. I'll just send them off into the streets. It'll be fine, but that would be a really fun 01:04:17
one. And they haven't announced the Bike Utah Summit yet, but most likely that'll be in May. 01:04:23
I messaged them about that this week and they wrote back and said that they're not doing it this year. 01:04:31
But they're doing some other. 01:04:36
Something else in the fall in place of it. It's not bike specific, but. 01:04:39
Something something else with some other group that's in place of the bike zone. 01:04:44
That was Kaden that made that. Seems that it's a monster truck rally. 01:04:49
So that would be fun and we do have some budgets. So if you can't do the May 1, if there's, I mean there's always like planning 01:04:55
type conferences. If there's something you're interested in, let us know and. 01:05:00
You know we will. We'll do whatever we can. If you have interest in learning more about the planning field to get you there, cool. 01:05:05
I think that's everything for. 01:05:09
Right. Planning Department, right. 01:05:13
Anything else? Engineering. 01:05:15
You guys got anything? 01:05:18
OK, cool. All right. Do I have a motion to adjourn? 01:05:22
I move to adjourn. We don't even need a second. Thanks though. Thank you, guys. 01:05:27
So the privacy bill is out. 01:05:39
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And we see these things in the name of Jesus Christ. Amen. 00:00:00
All right. 00:00:03
I pledge allegiance to the flag of the United States of America. 00:00:07
And to the Republic for which it. 00:00:11
One nation under God, indivisible, with liberty and justice for all. 00:00:14
All right. We'll move right into an open session. If anybody has any comments, Daria, got anything? All right. 00:00:22
Good evening. My name is Daria Evans, Vineyard resident. 00:00:37
I would have been looking over the agenda for tonight. 00:00:41
And under. 00:00:44
Page 16 of the 19 pages. 00:00:47
And the blue section commented chapter 6. I don't know what under that means, but it talks about having a consultant and I'd like 00:00:51
to know who that consultant is. 00:00:56
And then it talks about the RDA providing funding for the construction of a parking structure. 00:01:02
To serve the multifamily units by the end of 2028. 00:01:09
So does that mean that these homes will be already? 00:01:13
Out way before 2028 Or do they have till 2028 to build the parking structures for these homes? So sorry Daria if you don't mind 00:01:18
when we get into the work session. 00:01:23
I'll have you come back up and ask these questions just so that we can we can all do it all at once instead of splitting it up. 00:01:30
Did you have any other comments besides the on the 5.1? 00:01:35
No, I just had another question about Governor Cox. 00:01:42
Thanks, Aria. 00:01:46
Kaden, you got anything? 00:01:48
OK. All right. 00:01:50
OK. We'll move right into minutes for approval. Do I have a motion on that? 00:01:54
I have one correction. 00:02:00
My last name is misspelled in the November 1st. 00:02:02
No minutes. So if that can be corrected? 00:02:08
Other than that, just removing the N extra. 00:02:12
I'm trying to remember Hold on. 00:02:16
Yeah, I can. We'll go through and make that. 00:02:22
Sorry, yeah, just text written and it was it was throughout so. 00:02:26
OK, Do I have a motion then? 00:02:34
I move to approve the Minutes. 00:02:39
With the state of changes, do I have a second? 00:02:42
Second, thanks, Chris. All in favor, aye. All right, we'll move into business item 4.1, pointing a Planning Commission chair and 00:02:46
vice chair. So we've put this off a few Times Now. Do you think we can put it off? 00:02:53
According to our bylaws, I cannot be the chair again. So we're definitely breaking some bylaws. So the way this works for you guys 00:03:02
that are new, in doing this you would make a motion saying that you. 00:03:09
Nominate. I would like to nominate. 00:03:18
X person to be the. 00:03:22
One of the sitting members of the DRC is the chair of the Planning Commission member. 00:03:56
Or chair of the Planning Commission? Or their design? 00:04:00
So it does require a little bit more time outside of Planning Commission, we hold the DRC meetings on the Thursdays after. 00:04:03
Planning Commission at is it 9 or 10 at 9:00 AM here at City Hall is that something that the vice chair can go to if they yeah. 00:04:11
It's like it's their designee. So somebody from the complaining Commission, that's. 00:04:17
And the designee is that specified as a member of the Commission. 00:04:27
Yeah. 00:04:31
Making sure we don't get some weird scenario. So and and the the main really the only thing you're voting on in the DRC is the 00:04:34
approval final plat that's now done through the DRC. But you'd still get to take part in kind of the discussions that we have more 00:04:39
in depth conversations regarding different planning projects like site plan applications and stuff before they get to Planning 00:04:45
Commission, they go through the DRC, that's great. How often is that meeting? 00:04:51
So it's the 1st and 3rd Thursday of the month at 9:00 AM here at City Hall. 00:04:57
It is also a poke meeting so anybody from the public is welcome to come to it. 00:05:02
Can we have discussion? Yeah, yeah, yeah, I have discussion. You had been interested in being chair before. 00:05:10
I am still willing. I would need. 00:05:17
Hey Vice chair, who is? 00:05:21
My work is. 00:05:24
Busy I can make. 00:05:26
But it can also be impossible to make time and we can also and correct me from I'm wrong, but we we could do remote too. So if if 00:05:30
it's hard to leave work and you have an hour then we would be able to to pipe you in that way. 00:05:38
Also also, who are the current sitting members on the Commission, so you have department heads? 00:05:49
I mean. 00:05:57
I don't know. I don't know. I think all five of you. Are you all. 00:05:59
Regular members. 00:06:03
Pretty sure. 00:06:05
Are we if? 00:06:06
I don't think we are unless I don't know if we received clarification on a Bradley *** was a sitting member of Kaden was. 00:06:09
The motion to appoint them was rather vague. 00:06:17
Yeah. 00:06:21
Yeah. 00:06:24
I haven't heard. 00:06:27
And select from. 00:06:29
That is. 00:06:31
OK, OK. And so an alternate can't make a recommendation. 00:06:33
To the Commission a nomination, I guess, not a recommendation. They can't make a nomination. 00:06:37
So just. 00:06:44
Just to. 00:06:46
Clarify the the, the members. We have it all online right now. We have the main members being Bryce um. 00:06:48
Chris Brumwell, Nathan. 00:06:55
And Tay, so we have four of those and we have 3 alternates and that will be grade in Steve and Bradley. 00:06:59
So we have that differentiated on the I, like I said, I think we need to get some clarification. 00:07:08
That list is might not be accurate, we just don't know right now. 00:07:13
OK, I would nominate. 00:07:18
Tay Gudmansen as. 00:07:22
OK, OK. 00:07:24
That being said, is there someone? 00:07:28
Who has availability at 9:00 AM on Thursdays that can make the meetings if Tay is unavailable? 00:07:31
I could do remote I would never be able to be in person, but I could likely arrange my schedule to join remotely at any meeting as 00:07:41
needed. But I just generally need to. 00:07:47
If somebody else could be vice chair, that's totally fine. 00:07:53
Yeah, I think you'll want somebody that can. 00:07:58
Be there in person more often than not and. 00:08:01
Reserve remotes? Kind of a yeah. I could always be there remote, but in person would be tough. 00:08:05
I I can be there all the time. 00:08:12
It's my last year. The other thing I should mention the chair, we do the City Council meetings, they do have a report just on what 00:08:15
happened at the Planning Commission previously. So that is another kind of requirement of the chair or the vice chair if they are 00:08:20
asked to fill in. 00:08:26
Are those reports typically given more at the beginning or the? 00:08:31
At the beginning. At the beginning. 00:08:36
Can Bryce be vice chair? You can't be charged. I can be vice chair. I can't be chair again. Which? 00:08:41
It's all the same to me. I would also nominate Bryce as vice chair. 00:08:48
I have a just a quick question Bryce and we can look this up. Is this two years in a row that you've been I was chairman for two 00:08:53
years in a row? 00:08:57
I think in our by. 00:09:02
It stayed. There's like a two year limit. Yeah, yeah. But I mean they're your bylaws. I I don't know if bylaws have to go through. 00:09:04
Would that include the. They'll need to follow them. That would not include vice chair. So I think as I understand it, the motion 00:09:10
on the floor is that today's service chair. You service vice chair. I'm sorry. That's great. 00:09:17
So it's the nomination of formal motion, yeah. 00:09:25
There you go. OK. Yeah. We will second it. OK. All in favor. Aye. Is this roll call kind of thing? No. All right, we're done. 00:09:29
Congratulations. Good job. OK, moving into work session 5.1, moderate income, housing, general plans, cash. 00:09:38
Presentation right now we'll make. 00:09:48
Fairly quick. We just wanted to give you guys a brief update on our moderate income housing report. This is something that we are 00:09:51
required to submit to the Department of Workforce Housing each year. 00:09:57
Because we have a city of over 5000 people and then we have an additional requirement because we have a fixed rail station. 00:10:05
And so just a little background on this. 00:10:12
I think I kind of went over that first point already. 00:10:15
We submitted 6 strategies this last year and we only had a requirement of five, So we're doing well there. 00:10:21
So I just wanted to briefly go over the different strategies to let you guys know of what we are aiming for with the the moderate 00:10:28
income housing plan and and maybe answer some questions that I heard earlier. So I can quickly go over each one of these 00:10:34
strategies. The first one is dealing with impact fees, just remove, reduce wave or eliminate impact fees. 00:10:40
And how we are accomplishing this is we are funding some master plan studies for our utilities. 00:10:47
And that will help guide us in these decisions later on of how we can reduce these impact fees. 00:10:54
To help provide. 00:11:00
Easier path to moderate income housing. 00:11:02
The second strategy is to adopt A station area plan. So we chose in the first quarter of 2023 Sasaki as a consultant with the the 00:11:04
aid of Mag Mountain Land Association of Governments. 00:11:10
To help design our stationary plan. So that's been ongoing since then. We are hoping to have that adopted sometime in 2024. This 00:11:18
says early 2024, but my guess it'll be closer to the summer. 00:11:24
We're still working on quite a few things with that project and it will come to the Planning Commission for approval. 00:11:32
I believe right stationary. 00:11:37
Strategy 3. 00:11:40
Or for recommendation correct. 00:11:42
Strategy 3. 00:11:45
Is to zone a rezone for higher density for moderate income residential. 00:11:47
Development and commercial or mixed-use zones near major transmit investment corridors. It is a bit longer. That's why the dots 00:11:51
are there. If you want to go back, that's in the staff report each one of these. 00:11:56
And then I just said we've been working with Flagborough, we've processed 5 site plan applications. 00:12:01
And two Platts to allow for the construction of up to 871 units in the downtown. 00:12:06
Strategy 4 This is. 00:12:12
Create or allow for introduce regulations related to internal or detached accessory dwelling units. 00:12:15
Residential zones and this In 2023 the City Council voted in favor of allowing detached ad use. So just allowing another type of 00:12:20
Adu as that was not an allowed use before. 00:12:26
The Fish strategy is amend land use regulations to eliminate and reduce parking requirements for residential development. 00:12:34
Where a resident is less likely to rely on a residents owner vehicle and so this one we entered into a contract with Ave. 00:12:41
Consultants. I think that's sorry I had that question earlier. 00:12:47
To perform this parking study, so far we're in the data collection phase. We're nearing towards the recommendation phase. So 00:12:53
throughout the last few months, Ave. consultants have been driving around the city collecting data on parking. They're usually out 00:12:59
there at like 1:00 or 2:00 AM, just counting. 00:13:04
Cars just to provide us insight on where we have parking issues. 00:13:10
Areas that may not have parking issues that we think there are some and whatnot. Anyways, they'll provide us with kind of these 00:13:16
third party recommendations that we can look at implementing into our our code for parking. 00:13:21
And then the last strategy, Strategy 6 is create a housing and reinvestment zone. And so this one, we did receive the HRG zoning 00:13:28
designation. 00:13:33
And then the RDA board was assigned to administer the HDRZ funds and operate as HDRG board. 00:13:39
So ongoing. 00:13:45
Each year we have to keep working on each one of these strategies. It's not like you can check it off and say we're done. 00:13:47
We do have to continually show progress and if we don't then they. 00:13:54
Deny our moderate income housing report. And when they do that, it's, I don't know exactly everything that happens, but it has to 00:13:58
do with priority funding for transportation. There might be more consequences besides that. 00:14:04
But so far we've done well each year and getting this. 00:14:11
But if you guys have any questions about any of these strategies or at the end of my staff report I showed all of the different 00:14:15
strategies that the state allows us to select to use. 00:14:20
And so we could throughout this year, work on changing some of these strategies to implement different ideas that the state has 00:14:25
allowed. But we do have to stick to that list. 00:14:30
Yeah, sure. 00:14:36
And you have them. 00:14:38
On that strategy for the downtown 800, something using those are moderate income housing units. 00:14:40
So. 00:14:47
The strategy? All it says is for higher density or moderate income residential. 00:14:50
So they don't have to be like income restricted, it's just saying moderate income or higher density and the state was fine with 00:14:58
our interpretation of that. 00:15:02
OK. Just to add something through the HTRZ zone, it does require 11.2% that was our approval to be designated within the 80th 00:15:07
percentile for AMI. And so and that's that would be within 1/2 mile. The unit's located within 1/2 mile. 00:15:17
And so we'll we'll we'll be tracking those and. 00:15:30
That comes into. 00:15:34
When they go for financing for like vertical development, so we can get more information as far as like windows get designated. 00:15:37
I think that would be helpful for us to start start tracking those as. 00:15:44
Yeah. 00:15:49
Yeah. Out of these lists, we did choose different strategies that we felt felt within our general plan. 00:15:53
There's there's some of these like let's see the a lot of these have to do with like redevelopment of. 00:16:01
Uninhabitable housing stock, right? We don't really have that problem here in Vineyard yet. 00:16:08
There's different strategies such as allowing single room occupancy develop. 00:16:14
We just felt that the the six that we selected fell within our general plan a little bit better and allowed us to to work on 00:16:20
policy to implement. 00:16:24
Such as I I presented earlier and I'd say on the single room occupancy that was one that I believe we. 00:16:29
We had a discussion on when we did the initial amendment and there there seemed to be some reluctance on that one. So that was one 00:16:35
that we dropped. 00:16:40
My understanding is that we can either pick another strategy. 00:16:45
We can replace one if we want, or we can find ways to continue to implement correct the existing strategies that we have adopted. 00:16:51
Yeah. And the state will push back on us if we say we're continuing to do this, you know, master plan study on our utilities. 00:17:00
They're going to say that's not good enough, you need to show actual progress and they'll just say you cannot use the strategy 00:17:07
going forward. And that that happened to us the last year. We had one of those strategies that we said we're still working on this 00:17:12
and they said no, you're not. 00:17:16
OK. 00:17:21
Yeah, I think keep the current strategies in place and if the state comes. 00:17:24
Forward kind of look at some other ones. I think the single room occupancy thing was one that we agreed as a Planning Commission. 00:17:31
Could we would be workable for us. I think it got knocked down. No, it was here that we decided to change that. 00:17:38
I think there are some other ones that we could. 00:17:46
Replace if we have an issue. Do you guys foresee us having an issue with any of these? Well, what we could do? 00:17:49
And cash will be leaving this. But let me know what you think on this. 00:17:57
We might have issues with that one going forward as well as the develop and adopt A stationary plan. This year we will adopt it. 00:18:32
But going forward after that we might have to pick a new strategy as it has been adopted. 00:18:38
We do have things like the the reduction of impact fees. 00:18:45
So, yeah, that's one that we they said we were OK, OK, but that's so. So that's one if we just show in the master plans that we 00:18:50
analyze that correct that that would qualify and and there's other ones like this one that we could pick up like strategy R, which 00:18:56
is eliminate impact fees for accessory dwelling units that are not internal. 00:19:02
So that's something that that our impact fee study could also hopefully guide us in that wouldn't be too hard to implement. And 00:19:08
then Jay, along with that where maybe you allow a 5% increase in far just a very simple standard like that would be really easy to 00:19:15
do accompanied with the impact fee study. Then you don't count 2 with really one action, yeah, that's a good idea. 00:19:22
Absolutely. So I think what we could do is next step is when we come back have some some suggestions of of kind of like the the 00:19:30
next step and then once we see alignment from the Commission on what those next steps could be, then we would do a general plan 00:19:37
amendment and place those next steps in the general plan. So I would anticipate every year we're going to be the general plan and 00:19:43
it is a little confusing. The reporting period is August to August. 00:19:49
And so we do have to make those changes before August if we want to show that we're making progress. 00:19:55
On any of. 00:20:00
And then, yeah, I think the report is due by the end. 00:20:03
Was it November? Yeah, it's like October, but they do give us until I think February, a date in February to fix any issues that we 00:20:06
may have had. 00:20:11
But like I said, we got approval back in January. In the past, our report was approved really easily. Now though from what we've 00:20:16
heard is that. 00:20:20
Basically stage one wants to make a statement. They want cities take this really serious. So they essentially denied a lot of 00:20:25
people's application. So they they, they denied our first attempt. Then we had to go back through and justify each of those. So we 00:20:30
had to submit twice, but we were approved. We just had to provide a lot more justification. So the state every year is taking this 00:20:35
more and more serious and so. 00:20:40
Yeah. Anyway, thanks Cash for jumping on us or early on, but we'll. 00:20:45
We'll we'll bring back some suggestions and if any of you have suggestions of like next steps as well, you know we're happy to. 00:20:50
To bring those back, OK. So kind of just to wrap my mind around this, we have six of these currently that we're working on and say 00:20:58
we accomplish a bunch of different things within those six like you were talking about how? 00:21:04
Accomplished. I can't remember which one you. 00:21:11
Right. TRZ designation. Yeah. So we accomplished that. 00:21:14
Do we just continue doing this until we've accomplished everything on the list, even though we don't want a handful of things that 00:21:18
are on the list? 00:21:22
And if that's the case, like. 00:21:25
How long are we going to continue with this for? 00:21:27
Benefits that we're getting from it, Are we trying to hurry and use those benefits now? 00:21:32
How are we going about this? I'm kind of curious. We get priority transportation funding, right? That's that's my understanding. 00:21:37
That's what you preserve you you basically lose the ability to get. 00:21:43
In line for those. 00:21:51
Discretionary Resources. 00:21:53
Your question is a good one this. 00:21:57
It's a state mandate, you know, we comply in that way. Vineyards in a better position than just about every other city in the 00:22:00
state because. 00:22:05
It has a good mix of housing. 00:22:09
The unfortunate thing is, this is written mostly for cities, not like Vineyard, and you don't get credit for things you've already 00:22:13
done. 00:22:17
So it seems you end up on some of. 00:22:22
Establishing new goals, you know, establishing new priorities and then I think. 00:22:28
When we communicated to the state, you have to make a big deal of look at all we've already done and are already doing. You know 00:22:33
when you get them approved, but you're. 00:22:37
Your report and the things. 00:22:42
That you're doing as a city I think is better than what you're going to find in just about every other city in the state. And I 00:22:44
would bet too, because we see amendments every year that if they're seeing a lot of those items being checked off by other cities, 00:22:50
then they probably would have more, yeah, find other things to add in the. It kind of it kind of incentivizes cities to slow down 00:22:55
and be like, yeah, we're doing a little bit right now and then the next year do a little bit more instead of just like doing it, 00:23:00
yeah. 00:23:05
Anyway. 00:23:11
Did you have any other questions you wanted to cool? 00:23:13
Daria Evans, Vineyard resident, Thank you. 00:23:28
OK, I'm. 00:23:32
Thank you for answering my questions. 00:23:35
But I do have a couple more. 00:23:38
That section. 00:23:42
That you had up on the board? 00:23:44
Zoning incentives. What kind of zoning incentives are we considering? 00:23:47
And then also, you know, Governor? 00:23:52
Has mentioned about the first time buyers with a $20,000 incentive. 00:23:55
Where, Where? 00:24:01
Plan Are we going to be able? 00:24:04
Have those types of homes available. OK, so I can answer the J1 real quick. 00:24:07
That's not on the city's current plans. 00:24:14
We can pick out of. 00:24:18
X on which ones we want to do and in the ones you saw in yellow highlighted, those are the ones the cities. 00:24:20
Decided to move forward on that. We're going to push on because you need to pick six of them and so Jay currently is not one that 00:24:26
the city is considering. 00:24:31
Having in our general plan, but that could refer to. 00:24:36
If you add moderate income housing, we we can reduce setbacks. We could increase heights. 00:24:41
You know, decrease landscaping like things that a developer would want to incentivize them to do it, add more density. So there's 00:24:48
there's there's things like that. So that that could be a potential in the future. That's what we have control over is the zoning. 00:24:55
And then? 00:25:04
Yeah, just about. You know, what about this first time? 00:25:05
Plan that Governor Co. 00:25:09
Mandating. 00:25:11
You know where where are these type of homes going to be located in this HRTZ or are they going to be located in this HRTZ, they 00:25:13
they would not be located in necessarily in. 00:25:20
HRG is going to be right next to the transit center, so it's going to be a lot more high density than I believe the the program 00:25:27
you're talking about would require. 00:25:31
Do we have any idea where those type of homes would be going? Because that's kind of a mandate, isn't it? 00:25:37
It's not a mandate and and there frankly is not much of A municipal role in in rolling that out. It's handled through the state. 00:25:43
And it's a it's a direct incentive to the home buyers. 00:25:51
It would have to be new construction. It would not be existing stock and then its homes under a certain value and then people for 00:25:55
who qualify under a certain income and then I think they have a pot of money and once it expires every year it's done. 00:26:03
So it so we don't have to worry about, no, the city doesn't play a role in administering that. It would it's eligible to be used 00:26:11
anywhere by anybody that that fits the criteria and the home they're buying fits the criteria. 00:26:18
I think where it may not apply to the HDRZ is. 00:26:26
It's, I believe for townhomes and single family homes. Not. It's not for yes and for purchase. It's not for. 00:26:29
Multifamily housing or for? 00:26:38
Housing there is in the HTRZ, as Morgan mentioned. 00:26:41
An allotment of units that will be available. 00:26:46
I forget what percentage you said of AMI, but it's 80%. 00:26:51
Yeah. 00:26:55
You would look. 00:26:57
The income and then the ratio of what the median income is relative to housing and then they have to set it. 00:26:59
At 80% roughly of that. 00:27:06
But that's different than the state program. OK. All right. Well, thank you very much. Thanks, Aria. 00:27:08
Thanks, Jamie. 00:27:15
All right. Any other questions? 00:27:17
Comments. 00:27:21
OK, if not, we'll move into the training session this. 00:27:23
Jamie Blakesley is. 00:27:29
Doing a training session for us on Open Meetings, Act and Code Enforcement. 00:27:32
This is why you all came, right? Yes, Sir. 00:27:38
Cash we help me with this. 00:28:20
Yeah, well, I already have it. 00:28:25
I thought I click. 00:28:29
Technical solution good. 00:28:32
All right. It's good to be with you today. I'm Jamie Blakesley, the city attorney. For those who don't know me. 00:28:41
We will fly through this at whatever pace is relevant to you and my preference. 00:28:47
Is interrupt me and ask questions. Let's have it be a dialogue now just me running through. 00:28:52
So I've prepared materials, but if you want to depart from that and talk about different things. 00:28:57
We certainly can. 00:29:01
You're required every year to do open and Public Meetings act training, and so the first portion of that is open and Public 00:29:03
meetings act. That's a repeat for many of you, so. 00:29:07
I'm going to go through this pretty quick on open and public meetings. 00:29:12
But you are a public body, and as such you're required to conduct your deliberations openly. That means. 00:29:16
You have a quorum present. 00:29:25
It's a quote. 00:29:26
And when you hold a meeting, they have to be open to the public, and open to the public has. 00:29:28
Some requirements that come with it, you have to publish an agenda that has 24 hours notice. 00:29:35
Your agenda has to reasonably specify the topics that you'll take action on. 00:29:41
And then you cannot act on anything unless it. 00:29:47
In that notice. 00:29:51
Electronic meetings are allowed. There's a policy in Vineyard that allows for electronic meetings. You do have to have an anchor 00:29:58
location where people can attend. Typically you want the chair of the meeting in that anchor location, but. 00:30:03
You can't attend and participate remotely. 00:30:08
You are required to keep minutes of your meetings and a recording of the meetings. The recording has to be available within three 00:30:11
business days of the meeting and then the minutes can be available at a later point in time. 00:30:17
Recordings are permanently RET. 00:30:24
By the city and available to anybody that wants. 00:30:27
These are the things that need. 00:30:32
In your written minutes and on minutes, there's not a requirement that they be prepared within a certain amount of time, but once 00:30:35
they're. 00:30:39
Then they have to be posted to the official record and be part. 00:30:43
Record of the meeting. 00:30:48
You cannot act on an ordinance or a resolution. 00:30:51
Unless it. 00:30:54
Adopted in a. 00:30:57
Pursuant to the Utah, but in public meetings. 00:30:59
Most ordinances and resolutions don't require a hearing. There are some exceptions and you'll see that the 4th one down. 00:31:02
On that list applies to just about everything you. 00:31:08
As a Planning Commission, anytime you're considering a land. 00:31:12
Regulation. Then there's a hearing requirement, and typically that hearing occurs. 00:31:15
Before the planning Comm. 00:31:20
You are allowed to hold closed meetings in certain circumstances that. 00:31:23
Very rare with Planning Commission meetings, it can. 00:31:27
On the list of purposes for which you can go to a closed meeting, the. 00:31:33
Most often come up before the Planning Commission would be. 00:31:37
Strategy session about the purchase or. 00:31:41
Of real. 00:31:45
I don't know of anything before you right now that would require that, but if it could occur. 00:31:46
Many of the other things that would be for a closed session, litigation, personnel decisions, those kinds of things. 00:31:51
Are not within the purview of a Planning Commission. Really. Don't come up. 00:31:58
In the seven years I've been on Planning Commission, there's never been a closed session. No, that's not unusual, so we won't 00:32:01
dwell a lot on that. 00:32:06
You keep a record for certain closed meetings. For others, you're allowed not to keep a record. 00:32:10
Of what's discussed. 00:32:16
You can hold emergency meetings again. I don't know if this happening with Planning Commission or Planning Commission type 00:32:18
decisions. 00:32:22
You're also allowed to hold special meetings. Special meetings do happen from time to time, especially if you have applications 00:32:26
that have. 00:32:30
A short time frame for turn around and you need something that's not on your regular. 00:32:33
You're allowed to hold a special meeting. There's a difference between a special meeting and an emergency meeting. 00:32:38
But you. 00:32:44
Things to be aware. 00:32:46
The act does not apply if you have a chance gathering or a social gathering. So if you run into each other at the grocery store, 00:32:48
at church or a park. 00:32:51
Or a movie. You don't have to. 00:32:56
About having a quorum together, unless you use that gathering as an opportunity to conduct business. 00:32:59
If you have a conversation about things that are or could be before the Planning Commission for you to consider. 00:33:06
You have to have those conversations. 00:33:12
Together as a Planning Commission you can have one off conversations where you and another Commissioner are discussing things, but 00:33:14
anytime you have three of you. 00:33:19
Then it would become technically a. 00:33:23
You have a public body that has altern. 00:33:26
And I view the alternates as a member of the public body. So if there's three of you, any of the seven of you. 00:33:29
Then that would technically be a quorum, since they are eligible to fill in for you if you're absent. 00:33:37
And to vote in that. 00:33:43
Circum. 00:33:45
There are criminal penalties for a violation of the open and public meetings. 00:33:47
And then? 00:33:53
A note on electronic messaging. Electronic communication. Things like text messages, emails. 00:33:55
Facebook thread. 00:34:01
Can all. 00:34:03
Meetings if you have more than two of. 00:34:05
On the same thread and conversing in the same thread. Just don't ever reply all in the stuff. When we get an e-mail from one of 00:34:08
the staff or something, don't don't reply all. Yeah, BCC is your friend. 00:34:15
On those kinds of. 00:34:22
That's really it on open and public meetings. Any questions before? 00:34:24
I move on. 00:34:28
I wanted to talk a little bit about the Land Use Development and Management Act. So the request was that today I talk a little bit 00:34:30
about code enforcement. 00:34:34
That's a bit of an odd topic for Planning Commission because you. 00:34:38
Have very little authority on code enforce. 00:34:42
But your decisions about land use ordinances may be informed by code enforcement and what's working and what's not. 00:34:45
And so I wanted to frame the conversation in. 00:34:53
What are your authorities? How does it work and relate to state law? And then when we look at code enforcement, how might that 00:34:56
process? 00:35:00
Inform the work that you all are tasked. 00:35:04
So cities have land use authority vis A vis the state. 00:35:07
In Utah, they're creatures of the state, and you're given the authority to adopt your own land use standards as long as they're 00:35:11
consistent with federal law with. 00:35:15
You have to have a Planning Commission, you have to have land use and appeal author. 00:35:19
You have to adopt A general plan and have a process for considering any new land use applications. 00:35:23
And then LUDMA has general themes that are consistent with property rights of individuals. 00:35:29
And where there's tension in the ACT it. 00:35:35
Forces cities to interpret their ordinances and to look at matters in a way that favors the applicant. 00:35:39
And not. 00:35:45
And so it can sometimes feel a little bit like you're running uphill. 00:35:47
As a Planning Commission and as a city when you're trying to adopt your ordinances. But. 00:35:52
A few things noted there. Once you write your rules, they. 00:35:58
And we'll talk about that a little bit with code enforcement and how things are enforced and challenged. 00:36:02
Land use ordinances have to be plainly written to be enforceable. 00:36:10
Your process is very, very important and when I say Ty goes to the applicant or the property owner, there's a provision in state 00:36:13
law that if. 00:36:17
There's ambiguous language or a question about interpretation. 00:36:21
The interpretation is the interpretation proposed. 00:36:25
The applicant. 00:36:29
I'll also say in the same breath that sometimes applicants will say things are ambiguous when clearly they're not. 00:36:31
And so you do have to make a reasonable read. 00:36:36
Of what's in the statute and what's in the language. 00:36:40
Roles and responsibilities in the city have a legislative body. You have a land use authority. There are a few different land use 00:36:43
authorities. Now and then you have an appeal authority. 00:36:48
The legislative body is always the City Council and only the city. 00:36:53
The Land Use Authority. There are some land use decisions made by the Council, some made by staff, some made by you, and some now 00:36:57
made by this new entity. 00:37:02
That we have to do subdiv. 00:37:08
Applications and then you have to have an appeal authority and vineyard. The appeal authority is contract hearing officer. 00:37:10
That we'll hear. 00:37:17
This is the framework of the most typical land use actions that come before a city. 00:37:19
Legislation, we've talked a little bit about that's your final adoption of ordinances, final adoption of general plan. 00:37:26
Rezones an. 00:37:33
Those always happen at the City Council level or the general electorate can do it through referendum or. 00:37:35
A ballot, initiative or ballot. 00:37:43
There are administrative decisions that can occur at a number of different levels, but these are things like conditional uses, 00:37:46
site plans, development agreements, subdivisions, code enforcement. 00:37:51
You touch these things often. 00:37:57
I put code enforcement on the list. You don't touch that or have a role in that other than. 00:38:00
Understanding how our ordinances are being enforced and if it's working. 00:38:05
And then you would have a role in changing the ordinances if you wanted. 00:38:10
And then there's a quasi judicial function of the appeal authority or a. 00:38:13
When they consider things like a variance and appeal or judicial review of a decision that's made or an action that's taken. 00:38:18
So how does it all work? 00:38:25
City code. These are your powers and duties. You're the recommending body for four things, and you're the approving body for four 00:38:28
things. So the things you recommend. 00:38:33
You review and recommend the general plan land use ordinances. 00:38:38
And then any applications to amend the general plan or ordinance amendments have to come through the Planning Commission. 00:38:42
And then the City Council, made from time to time, ask for your advice on matters that relate to land use. 00:38:49
In the city and you're an advisory body for those types of things. 00:38:55
A recent example on that and Chris is familiar with this. 00:39:00
The recent General Plan amendment that related to data collection and data management. 00:39:04
And you all played how to function in that and then ultimately was approved by the city. 00:39:10
You're the approving body on a few things, so conditional use permits come to the Planning Commission. You make the final approval 00:39:16
there. 00:39:19
Certain subdivision applications will come to the Planning Commission at certain stages. 00:39:24
There's less of that in the future than what you're used. 00:39:30
Which I think. 00:39:35
Positive change in the law, as long as we monitor what's happening with that and understand how we need to modify or tweak our 00:39:37
ordinances. 00:39:40
To accommodate. 00:39:45
If there's a question about interpretation of a zoning district or a zoning boundary, that's delegated to the Planning Commission, 00:39:46
so you would decide. 00:39:50
That interpretation. 00:39:55
And then your own bylaws, policies, and. 00:39:56
You have control over. 00:40:00
Any ordinance adopted by the City Council can be challenged by lawsuit or referenda. 00:40:03
There really are four ways that something can be challenged. You didn't follow the right process. 00:40:09
It's not constitutional. It violates federal law. It violates state law. 00:40:15
And then on a referenda, any newly adopted ordinance, there can be a petition if they get enough signatures. It's a complicated 00:40:20
process, but essentially if they get enough signatures, they can put it on the. 00:40:26
We have had. 00:40:32
At putting things to a. 00:40:35
Here in Vineyard in the last few years. 00:40:38
There have been petitions, there has been signature gathering, but they have not. 00:40:41
Met the signature gathering. Thres. 00:40:45
To get it on the ballot, Holdaway Fields was the most. 00:40:48
Recent one that was challenged in. 00:40:52
Let's go through each of these real quickly, just so you understand how the challenges come about. Procedural challenges, so once 00:40:58
we if we put a procedure in our law. 00:41:02
We have to follow it. If we depart from that, then we can open ourselves to lawsuit. 00:41:06
And can be challenged on that basis. 00:41:12
So you do want to be careful when you create ordinances that if you create a process, it's a process, we have the capacity. 00:41:14
The staffing levels the ability. 00:41:21
Carry out. 00:41:24
Usually what you'll see here is a failure to follow the notice and hearing requirement under state law. 00:41:26
If you don't give proper notice, you don't publicize it correctly, or you don't give notice of enough time. 00:41:32
Then the city's action can. 00:41:38
Challenged constitutional challenges. There are really three types. Due process comes under the 14th Amendment. This gives 00:41:41
everybody the right. 00:41:45
To be heard, to be represented by counsel, and to examine witnesses on anything that relates to their property or if a property 00:41:51
right is taken away. 00:41:56
This includes things like conditional uses or those kinds of approvals. 00:42:01
You have equal protection as if all. 00:42:06
Isn't applied to one group or person equally. 00:42:10
That sometimes can be on its face. It sometimes can be in the application of the ordinance if there are certain groups that are 00:42:14
harmed by it. 00:42:17
And then take insurance as anytime you take somebody's property without paying them for. 00:42:21
There are three types of reviews that you'll see in court strict scrutiny, intermediate scrutiny, and rational basis. Here's 00:42:28
essentially what they mean. 00:42:32
If the challenge is that. 00:42:37
Is doesn't apply equally to other individuals or affects the fundamental. 00:42:40
Then the courts look at it with the. 00:42:45
Of lens. 00:42:47
And so they will look at what the government interest is in the regulation. 00:42:49
They'll look at the regulation itself, and the regulation has to be the most narrow it can be. 00:42:54
To regulate what's being targeted. 00:43:01
Sign ordinances are one that fall under strict scrutiny. 00:43:05
And they have to be narrowly T. 00:43:09
The courts, what they call them as time, place and manner restrictions. But when you can't just make a sign ordinance that you 00:43:12
know says. 00:43:16
We don't like. 00:43:20
You'd have to have. 00:43:22
Relates exactly to what you're trying to Reg. 00:43:25
Intermediate scrutiny. 00:43:30
If you had ordinances that applied only to certain gender classifications or. 00:43:33
Things of that. 00:43:38
Then you have to show that an important governmental objective. 00:43:40
Is being. 00:43:44
And that the ordinance is, quote, substantially related to achieving that objective. A little bit less than scrutiny, but still 00:43:47
quite a high standard. 00:43:51
And then rational basis. And this is what applies to most land use ordinances. 00:43:55
Is simply that you articulate some policy reason for. 00:44:00
Supporting. 00:44:07
Piece of legislation. And so when you are regulating land use, in most circumstances that will fall in this category. 00:44:09
You know your ordinance. 00:44:16
I like bikes more than cars, and so I'm going to. 00:44:19
Just as much parking. 00:44:22
People on bikes as I am. 00:44:24
And it it doesn't matter in that circumstance. 00:44:26
Whether you have data to support that decision. 00:44:32
If that's your preference and your your wish, then you can do it. 00:44:35
Where it gets a little bit tight with planning commissions is that you have some things you do that are legislative. 00:44:39
And if it's legisl. 00:44:46
More often than not, it's going to be this rational basis standard. 00:44:48
And all you have to do is articulate a policy preference or a policy reason and have that on the record. 00:44:52
If it's an administrative decision, you have to have quote substantial evidence. 00:44:58
And that means you have to have things in the record. 00:45:03
And this is the reason. 00:45:06
You'll get advice from me of. 00:45:09
Don't meet with applicants outside of the. 00:45:12
Because if you gather information from them, that is what you use to make your decision. 00:45:16
And it's not introduced in the record or part of the official proceedings of the Planning Commission. 00:45:21
Then I can't defend the action that the Planning Commission takes. 00:45:26
That's also the reason why. 00:45:30
If you do on your own time, visit a site or gather any information about the decision you have to make. 00:45:33
Be sure to bring that information into. 00:45:40
Make it part of the record. So an example if you. 00:45:43
Conditional use application before you for a preschool and you were an in home preschool and you wanted to go see the home, see 00:45:47
what it would be like for the pick up drop off. 00:45:52
How traffic would queue? 00:45:58
Would it extend out among around the block you might go visit the site at. 00:46:01
School pickup and drop off hours to kind of get a sense. 00:46:07
What the traffic impacts? 00:46:11
That's a perfectly acceptable way for making that decision, and that evidence is. 00:46:14
Perfectly good evidence for making the decision, but if you never talk about it during the. 00:46:19
Then you don't have it on. 00:46:24
And you would not. 00:46:26
Anything to support the decision you made, but if you came to the meeting and said. 00:46:28
I went to the site I went on these days and at these times, here's what I observed. 00:46:32
And you explain that and then that's on the record, that would be the kind of thing that would be required. 00:46:38
If you're making a more complicated decision and you wanted to have an understanding of. 00:46:42
Traffic patterns, parking needs, those kinds of things. Then how you would get substantial evidence as you would? 00:46:48
Ask for a parking management plan or ask for a traffic impact study. 00:46:55
Or something of that sort to. 00:47:00
To buttress your. 00:47:02
Courts guy, I'll just note final thing here is courts, as long as you do have substantial evidence, courts are very deferential in 00:47:07
Utah too. 00:47:11
The decisions of municipalities, they're not going to substitute their judgment. 00:47:16
OK, code enforcement. 00:47:21
There is a lot on this. 00:47:24
I know this is small text but I wanted it to be in. 00:47:44
Version of the presentation that goes. 00:47:48
Keep in mind as we talk about this. 00:47:51
The Planning Commission doesn't play an active role in code enforcement. 00:47:54
But it can be helpful to. 00:47:58
What options the city has when it enforces city code? 00:48:01
There are two general categories you can enforce things with criminal penalties. 00:48:05
That criminal. 00:48:11
You know, just as you would think somebody can serve jail time or pay fines. 00:48:14
For a criminal violation. Or you can do Civil Code enforcement. 00:48:19
And there's. 00:48:24
Columns under Civil Code. 00:48:27
That. 00:48:29
A citation is more for a one time violation. So if you think of a traffic ticket or if you were to ticket somebody for not 00:48:31
cleaning up after their dog. 00:48:35
At the park or you were to ticket somebody for parking improper. 00:48:40
That's what we're talking about with the. 00:48:45
Citation typically relates to individual behavior, not violations on property. 00:48:47
And then citations will escalate. So in Vineyard you have $100 for the 1st, 200 for the 2nd, 400 for the third. 00:48:54
And so on. 00:49:03
On civil abatement, if you have a violation, that will continue to exist unless it's fixed. 00:49:06
Then you can. 00:49:12
Give somebody. 00:49:15
Give them a time frame to fix it, and then if they don't, fix it within that time. 00:49:17
Then you can begin accruing penalties. 00:49:22
The requirement in Vineyard is that you give a notice of violation and then at least 10 days to cure. 00:49:26
These are your situations, like weeds on a. 00:49:32
Inoperable vehicles on A. 00:49:37
Mobile homes or those kinds of things. Improperly parked if. 00:49:40
An unpermitted structure. You could go after it in this kind of a way. If you had a building that creates nuisance or as an 00:49:45
eyesore because it violates city code, you could go after it that way. 00:49:51
1° up from that is what we'd call a nuisance violation. A nuisance is anytime you have a threat to public health, a threat to 00:49:58
public safety, or a threat to public welfare. 00:50:02
That either injuries. 00:50:07
Or has the reasonable risk of injuring? 00:50:09
A person or a person's use of. 00:50:14
And so we talked on abatement of things like weeds that might be unsightly or. 00:50:18
Bad if the weed condition got so bad that they. 00:50:23
Grasses and things have grown to where you're worried they're going to spread onto other properties, then it might reach an 00:50:29
abatement level. 00:50:32
But more often, abatement is when your weeds are going to be so bad that they pose a fire risk. 00:50:37
And so you would need to remove them before. 00:50:42
That risk comes about or if you had chemicals on a property. 00:50:45
Something of that sort. 00:50:50
Nuisances cities have. 00:50:51
An additional enforcement tool, and that's abatement that they can go in and fix the nuisance and then charge the property owner 00:50:54
for that cost. 00:50:58
There are some procedural aspects to it, but it gives the city a lot more. 00:51:03
And then the really big thing it does for a city on a nuisance abatement is. 00:51:07
You can recover the cost of a nuisance violation by putting a tax lien against a property, so you don't have to go to court and 00:51:12
get a judgment to collect. 00:51:16
You can just collect it as a delinquent tax. 00:51:22
Jamie, real quick, we had questions with moving or how we are no longer able to do the landscaping bond. 00:51:25
For developments due to the state law, so for code enforcement, would that fall under the abatement category where they provided 00:51:32
these plans? They're not, you know, planting the trees or whatever? 00:51:37
I'm glad you asked that. So there are there are two things. There are two things that newly will be problems for cities that 00:51:44
relate to code enforcement. 00:51:48
One is what cash just mentioned that you can't? 00:51:52
The landscaping bond and so if landscaping is not put. 00:51:56
With a bond, it's nice because you have a resource you can tap into to just put install the landscape or compel that it be 00:52:01
installed. 00:52:05
We now will be in a situation where if the developer owns the property and it hasn't been landscaped, you can go after the 00:52:10
developer. 00:52:13
But in most circumstances, I think you're going to end up going against homeowners. 00:52:17
To force that landscaping. 00:52:22
I don't love that because I think you're going to have some homeowners that won't understand that they have that responsibility 00:52:24
when they buy the home. 00:52:28
To complete the landscaping within a certain amount of. 00:52:33
They're not as resourced as a developer is, and where you don't have a bond, it's just always cleaner. If you have either a cash 00:52:36
bond or an insurance product that you can go after, is the city within its legal rights to at the time of issuing a certificate of 00:52:43
occupancy if they find that the landscaping hasn't been installed? 00:52:49
That they're able to cloud the title which will then. 00:52:56
Create a incentive for the developer to remove that cloud because no one would want to buy a house with a clouded title. Great, 00:53:00
great question. 00:53:04
Eventually yes, but not it's not as simple as flipping a switch. It has to follow the due process of citation. 30 days, notice all 00:53:10
that stuff. What the circumstance you end up in really is if a home is completed and then sold within a short amount of time. 00:53:18
By the time the city issues the notice and provides due process. 00:53:26
The developers got right and it. 00:53:30
And you eventually can get to a point where maybe it would go against the title. 00:53:34
But if you're looking at the column on your sheet, that is civil. 00:53:39
You would not be able. 00:53:43
Put a lien against the title until you have a hearing before an administrative law judge and you go to a District Court and have 00:53:46
that judgment perfected. 00:53:51
And then you would do it as a judgment. 00:53:56
If it's a nuisance level violation. 00:53:59
Which it rarely would be right for landscaping. 00:54:02
Unless you had some kind of safety. 00:54:05
Then it's a little bit abbreviated, but you still have to do the 10 days notice. 00:54:08
Could we have a requirement in code that if a developer doesn't meet its obligation for landscaping and they sell the property, 00:54:13
but during the certificate of occupancy review where you know, yeah we know this is documented, it wasn't done. 00:54:21
Until it is rectified by the developer, even if they. 00:54:29
They could not get an additional any new building permits. 00:54:33
I don't believe you could do that with the new state law prohibition. 00:54:37
So. 00:54:43
I'll look into it. That's a good question. What you're essentially asking is, are there other sticks we could apply, right? Yeah. 00:54:46
And we don't want homeowners to be stuck with something that they may have no idea they're taking on a liability that the 00:54:51
developer agreed to do. What we used to be able to do is a bond and withhold certificate of occupancy, which were important for 00:54:57
the developer, right, because they can't sell the home and and transfer tile until they get ACO. 00:55:03
Those are taken away from us, so that takes me to the second. 00:55:11
That is limiting and it. 00:55:15
The state law no longer allows you to withhold C of O except for. 00:55:17
Life and safety. 00:55:23
Kind of issues. 00:55:24
So if you had a home that didn't have, you know, water or heating or. 00:55:26
Roof properly installed or things like that, that would relate to life and safety. 00:55:32
You could withhold the COO. 00:55:37
Or if you had an unsafe condition you could withhold C of. 00:55:39
But if all that you have is the landscaping is not done or the home's not painted. 00:55:42
You lose the ability to withhold the CFO in that circumstance and so you have to kick over into. 00:55:48
Civil Code enforcement. 00:55:55
Process and it should. 00:55:57
It's a far more labor intensive process for a city to go through in that. 00:56:00
And your chances of. 00:56:04
An amount that. 00:56:07
Exceed your. 00:56:08
Are pretty pretty. 00:56:11
Right, yeah, yeah. Anyway, that's the general overview of administrative code enforcement. You won't play a huge role, but it's 00:56:15
it's helpful to know how that interacts. 00:56:19
The ordinances that you pass and kind of how the whole process works, so. 00:56:26
Any other questions or? 00:56:30
OK. That's it. Thank you. 00:56:33
I guess this brings me to something. 00:56:37
I had mentioned in the past. 00:56:40
Because while we don't do code enforcement, we do make ordinances. We can make ordinances that. 00:56:43
Have code enforcement. 00:56:49
For them. 00:56:51
And one of the things we talked about previously was making it so that when somebody signs a rental agreement that there would be 00:56:55
a page in the rental agreement that says. 00:56:59
That they have a specific amount of parking spaces and that those people would have to sign that rental agreement just so that 00:57:04
they know that they have X amount of parking spaces. 00:57:09
And it could be something that the. 00:57:15
City can use when people come in and they're like, hey, I don't have enough parking, it could be like, well, you signed this page 00:57:19
that says that you have this much parking. 00:57:23
And I think it could be. 00:57:28
A way to kind of ease the burden on the. 00:57:30
And I feel like as far as code enforcement goes if developer, not developers, but people that are. 00:57:33
Renting out their units or something aren't putting this in. 00:57:39
Rental contracts that. 00:57:45
They would have a citation of some sort. Is that something that we can work on? Yeah. So Maria, she's our fairly new code 00:57:47
enforcement person. 00:57:51
She kind of picked up on Tiana's work on a landlord program that the city could implement, so she's just been studying how other 00:57:57
cities. 00:58:00
In the area do something like that. I don't, I'm not familiar with any of them that do like a letter of understanding regarding 00:58:04
parking, but but that is something that that I'll have her look into OK to. 00:58:10
Including this program, OK, I think it, I think it could be beneficial because a big complaint for people that come to the city 00:58:16
with parking issues is because. 00:58:20
Either they didn't know how many parking spots they had, or they were told differently than what is actual. 00:58:25
And so if this is in their rental contract, then a the renter, the person that is renting out a unit, has to prove that they have 00:58:30
a parking spot for them. 00:58:36
And be the person knows when they're renting, like, hey, I have one spot so I can't have four cars. 00:58:43
So, yeah, if we, if we could work on that in a future meeting, I think that that could be really beneficial to the city. Can I ask 00:58:51
a question related to that? Yeah. Does the city currently have any kind of rental registration requirement or database or 00:58:57
incentive to register properties that we don't. The only thing that we do have is that when your renters need to pay the bill the 00:59:02
like utility bills they do have to call in. 00:59:08
And get put on to the the property somehow. So our utilities clerks do actually have that information, OK, of of rentals, but but 00:59:14
that's it right now that's all that we really have. 00:59:20
OK. So that's what Murray is doing this research on is how to implement this program going forward so that we can, because 00:59:26
Vineyard does have a lot of rentals, yeah, make sure that that our renters are being protected like I said with. 00:59:32
Them understanding the parking situation and same thing with occupancy. We could include that in that letter saying I understand 00:59:39
that the maximum occupancy is you know. 00:59:43
Unit is 4 people. 00:59:48
That, that would, that really would help us out with code enforcement. Yeah. The business licenses that we require online, we 00:59:51
don't require business licenses for rentals. 00:59:55
Just accessory dwelling units, correct. Yeah. So I know what some communities do is in order to track whether rental is a long 01:00:01
term rental or a short term rental to then ensure that short term rentals you're collecting tot. 01:00:08
Taxes for as you have some kind of registration to say hey this is a long term rental so therefore I don't need to pay tot and 01:00:16
then you now know where all of the. 01:00:21
Rentals are so therefore you can have these requirements of. 01:00:28
If you're a rental, you got to make sure you've shared parking requirement and you have occupancy covered and all of those other 01:00:32
items, you don't need to charge for it. You don't need to have them pay extra. If it's a long term rental, that's within their 01:00:37
rights to do that. But that also makes sure you know where the short term rentals are, so. 01:00:42
A, you're collecting the tax on that, but B, also public safety is aware where all the short term rentals are and see we don't 01:00:48
allow short term rentals. Well, there you go as of right now. 01:00:52
No, that, that that's all good. I'll include that in my notes and we can, I can work with Maria on that. Perfect. And hopefully 01:00:58
we'll have something in the next few months on this kind of program that we can look into implementing. 01:01:02
Awesome. Thank you, Cash. All right. As far as Commission member reports and Expert Day discussion and disclosure, does anybody 01:01:08
have anything? 01:01:11
Nothing. 01:01:17
Anything from staff? I do have one update. We did get awarded a Bicycle Friendly Community Bronze level once again. Is that 01:01:18
something we can get certified every four years? 01:01:24
And so we we got that this last year and and our Bicycle Advisory Commission can now use our report card to see kind of what areas 01:01:31