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Transcript
| I'm looking at the minutes and it's February 7th, 2024. I was like whoa. | 00:00:00 | |
| Yeah, that's funny. OK, alright, we'll move right into it. I will give our indication and then a Pledge of Allegiance. | 00:00:08 | |
| Dearly father, we're thankful that we could be here today to discuss, uh, future of the city and, uh, please bless us that we'll | 00:00:17 | |
| be inspired as to the things that we need to do. Help us to make good decisions that will, uh, have a good impact on the citizens | 00:00:22 | |
| of the community here. Help us to, uh, know what that would help us do is update. And we say these things in the name of Jesus | 00:00:27 | |
| Christ, Amen. All right. | 00:00:32 | |
| I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, | 00:00:41 | |
| indivisible, with liberty and justice for all. | 00:00:47 | |
| All right, we'll move right into an open session. Anybody has any comments? Daria, got anything All right. | 00:00:56 | |
| Good evening. My name is Daria Evans. I've been your resident. I have been looking over the agenda for tonight and under the page | 00:01:11 | |
| 16 of the 19 pages and the section commented chapter 6. I don't know what under that means, but. | 00:01:21 | |
| Talks about having a consultant and I'd like to know who that consultant is. And then it talks about the RDA providing funding for | 00:01:31 | |
| the construction of a parking structure. | 00:01:37 | |
| To serve the multifamily unit by the end of 2028. So does that mean that these homes will be already built out way before 2028 or | 00:01:43 | |
| do they have until 2028 to build the parking structures for these homes? So sorry, Daria, if you don't mind, uh, when we get into | 00:01:50 | |
| the work session, umm, I'll, I'll have you come back up and, and ask these questions just so that we can, we can all do it all at | 00:01:57 | |
| once instead of splitting it up. Do you have any other comments besides? | 00:02:05 | |
| On the 5.1. | 00:02:13 | |
| No, I just had another question about different Cox. OK, Yeah, OK. Thanks, Ariana. Kayden, you got anything? OK, alright. | 00:02:16 | |
| OK. Uh, we'll move right into, uh, minutes for approval. So I have a motion on that. | 00:02:27 | |
| I have one correction and then last name was misspelled in the November 1st. | 00:02:34 | |
| No minutes so that can be corrected. Other than that, just removing the N extra N. | 00:02:42 | |
| I'm trying to remember. Hold on. | 00:02:51 | |
| Yeah, I, I, I can. We'll go through and make that a bit. | 00:02:56 | |
| Sorry, yeah, just to put your end and it was, it was throughout. So that's OK. | 00:03:00 | |
| OK. Uh, driving motion then. | 00:03:08 | |
| Uh, I missed to approve the minutes. | 00:03:13 | |
| With the state of changes, I have a second. | 00:03:16 | |
| Thank you. Thanks, Chris. All in favor Aye aye all right, we'll move into business Item 4.1 uh, appointing a Planning Commission | 00:03:21 | |
| share and vice chair. Always put this off a few Times Now. | 00:03:26 | |
| According to our bylaws, I cannot. | 00:03:34 | |
| Definitely yeah umm so the way this works for you guys at a new and doing this umm you would make a motion saying that you. | 00:03:39 | |
| Uh, what's the word nominate? I know I would like to nominate X person to be the chair and someone would second that. And I don't | 00:03:51 | |
| I think for the nomination, you can just make a nomination, but then when you vote on it, you would am I right amount or would you | 00:03:58 | |
| make a no problem? I just because I think anyone can nominate and then we can decide about. | 00:04:05 | |
| On the Thursdays after Planning Commission at uh, is it 9 or 10 at 9:00 AM here at City Hall? Is there something that the, uh, | 00:04:42 | |
| vice chair can go to? Yeah. It's like it's their designee, so somebody. | 00:04:50 | |
| OK. And if the designee is that specified as a member of the Commission, yes. | 00:05:01 | |
| Making sure we're talking some weird scenario. So, and, and the, the main, really the only thing you're voting on in the DRC is | 00:05:07 | |
| the approval final plat that's now done through the DRC. Umm, but you still get to take part in kind of the discussions that we | 00:05:13 | |
| have more in depth, uh, conversations regarding, umm, different planning projects like site plan applications and stuff. Before | 00:05:19 | |
| they get to Planning Commission, they go through the DRC. How often is that meeting? | 00:05:25 | |
| So it's it's the 1st and 3rd Thursday of the month at 9:00 AM at City Hall. It is also a post meeting for anybody from public is | 00:05:31 | |
| welcome to come to it. | 00:05:36 | |
| I can't even do that. Do we have discussion? Yes, yeah, Yeah, I have discussion that Hey, you have been interested in being chair | 00:05:44 | |
| before, correct? I'm still willing. I would need a. | 00:05:49 | |
| If I share she was available, my work is very very busy. | 00:05:55 | |
| I can make time. | 00:06:01 | |
| But it can also be impossible to make time. And we can also, umm and correct me if I'm I'm wrong, umm, but we and we could do | 00:06:04 | |
| remote too. So if, if it's hard to leave work and you have an hour, then we would be able to to type in that way. It's just a | 00:06:12 | |
| small business MSP. So OK. Also, who are the current sitting members on the Commission? So you have umm, department heads. I mean, | 00:06:19 | |
| right now I don't know. I don't know. | 00:06:27 | |
| Yeah, I think all five of you, are you all regular members? I'm pretty sure. Are we I if that I don't think we are, unless I don't | 00:06:34 | |
| know if we received clarification on Bradley. Bag was a sitting member of Kaden was umm. The motion to appoint them was rather | 00:06:41 | |
| vague. | 00:06:47 | |
| Yeah. So, yeah. | 00:06:55 | |
| I haven't heard anywhere didn't select from the group that is. | 00:07:01 | |
| OK, OK. And then alternate can't make a recommendation. | 00:07:07 | |
| Alright, to the Commission, the nomination, I guess not a recommendation. You can't make a nomination. | 00:07:12 | |
| OK. | 00:07:18 | |
| Just to umm. | 00:07:20 | |
| Clarify the the the members. We have it all online right now. We have the main members being Bryce, umm, Chris Brumwell, Nathan | 00:07:22 | |
| Steele and. | 00:07:27 | |
| So we have four of those and we have 3 alternates and that would be great in Steve and Bradley. | 00:07:35 | |
| So we have that differentiated on the I like I said, I think we need to get some clarification. Umm, that was just might not be | 00:07:42 | |
| accurate. We just don't know right now. | 00:07:46 | |
| I would nominate, uh, say, Edmondson as chair. | 00:07:54 | |
| That being said, is there someone? | 00:08:02 | |
| Who has availability at 9:00 AM on Thursdays that can make the meetings if K is unavailable? | 00:08:05 | |
| 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 | 00:08:15 | |
| that's needed. But I if somebody else could be vice chair, that's totally fine. | 00:08:23 | |
| Yeah, I, I think you'll want somebody that can be there in person more often than not and have reserved remotes, kind of a yeah, | 00:08:32 | |
| I, I could always be there remote, but in person it would be tough. I, I can be there all the time. | 00:08:40 | |
| My last year the, the other thing I should mention, the chair, we do, uh, the, the council meetings, they do have a report just on | 00:08:50 | |
| what happened at the Planning Commission previously. So that is another kind of requirement of the chair or the vice chair if they | 00:08:56 | |
| are asked to fill in. Does this report typically given more at the beginning or the year? | 00:09:03 | |
| At the beginning. At the beginning. | 00:09:10 | |
| Yes. Can Bryce be vice chair? You can't be charged. I can be vice chair, I can't be chair again. OK, which it's all the same to | 00:09:14 | |
| me. I would also nominate races vice chairman. I have a just a quick question, Brian, Is this two years in a row that that you've | 00:09:21 | |
| been I was chairman for two years in a row. Yeah. I think in a bylaws it's stated there's like a two year limit. Yeah, yeah, but I | 00:09:29 | |
| mean they're your bylaws. | 00:09:36 | |
| I I don't know if bylaws have to go through, would that include they'll need, they'll need the following that would not include | 00:09:43 | |
| vice chair. So I think as I understand that the motion on the floor is that today's service chair? You service vice chair. Yeah, | 00:09:48 | |
| OK, I'm sorry about that. | 00:09:53 | |
| This is the nomination of formal motion. Second. There you go. OK. Yeah, we will second it. OK. All in favor. Aye. Is this roll | 00:09:59 | |
| call kind of thing? No. All right, we're done. Congratulations. | 00:10:06 | |
| OK. Moving into work session 5.1 moderate income, housing, general plan cash. | 00:10:14 | |
| Presentation right now we'll make this umm, fairly quick uh, we just wanted to give you guys a brief update on. | 00:10:22 | |
| Our moderate income housing report, umm, this is something that we are required to umm, submit to the Department of Workforce | 00:10:30 | |
| housing each year. Umm, because we have a city of over 5000 people. Umm, and then we have an additional requirement because we | 00:10:37 | |
| have a fixed rail station. Umm, and so just a little background on this. I think I kind of went over that first point already. | 00:10:44 | |
| Umm, we submitted 6 strategies this last year and we only had a requirement of five. So we're, we're doing well there. Umm, So I | 00:10:54 | |
| just wanted to briefly go over the different strategies to let you guys know of what we are, umm, aiming for with the, the | 00:11:00 | |
| moderate income having planned and, and maybe answering questions that I heard earlier. Umm, So I can quickly go over each one of | 00:11:06 | |
| these strategies. The first one is dealing with impact fees. Just remove reduced waiver, eliminate impact fees. Umm, and how we | 00:11:11 | |
| are, are. | 00:11:17 | |
| Accomplishing this is we are funding some master plan studies for our utilities and that will help guide us in these decisions | 00:11:23 | |
| later on of how we can reduce these impact fees UMM to help UMM provide a easier path to moderate income housing. The second | 00:11:30 | |
| strategy is to adopt A stationary plan. So we chose in the first quarter of 2023. Saki is a consultant UMM with the the aid of MAG | 00:11:37 | |
| Mountain Association government. | 00:11:43 | |
| Umm, to help design our stationary plan. So that's an ongoing, umm, since then. | 00:11:51 | |
| Umm, we are hoping to have that adopted UMM sometime in 2024. This says early 2024, but my guess it will be close for the summer. | 00:11:57 | |
| UMM, we're still working on quite a few things with that project and it'll come to the Planning Commission for approval I believe, | 00:12:02 | |
| right? | 00:12:07 | |
| 73, uh, for recommendation, correct, umm, strategy three is to zone a rezone for higher density for moderate income residential, | 00:12:14 | |
| umm, development and commercial zones near major transit investment corridors. It is a bit longer. That's why the doctor there, if | 00:12:22 | |
| you want to go back to send the staff report each one of these. Umm, and then I just said, we've been working with Flagborough. | 00:12:29 | |
| We've uh, processed 5 pipeline applications and two flats to allow for the construction of up to 871. | 00:12:36 | |
| In the downtown UMM strategy 4, this is create or allow for and reduce regulations related to internal or detached accessory blown | 00:12:44 | |
| units and residential zones. And this in 2023 the City Council uh voted in favor of allowing detached Adus. So just allowing | 00:12:51 | |
| another type of Adu umm as that was not an allowed use before. | 00:12:59 | |
| The 5th strategy is, uh, and then land use regulations to eliminate or reduce parking requirements for residential development, | 00:13:08 | |
| umm, where a resident is less likely to rely on a resident owner's vehicle. Umm, And so this one we, uh, entered into a contract | 00:13:14 | |
| with Ave. consultant. I think that's, sorry, I had that question out here, umm, to perform this parking study. So far we're in the | 00:13:20 | |
| data collection phase. Umm, we're nearing towards the recommendation phase. So throughout the last few months, Ave. consultants | 00:13:26 | |
| have been. | 00:13:32 | |
| Driving around the city, collecting data on parking. Umm, they're usually out there like one or two AM discounting cars, umm, just | 00:13:38 | |
| to provide us insight on where we have parking issues, umm, areas that may not have parking issues that we think there are some | 00:13:44 | |
| and whatnot. Anyways, they'll provide us with kind of these third party recommendations that we can look at implementing into our, | 00:13:50 | |
| our codes for parking. Umm, and then the last strategy, strategy 6 is create a housing and trans reinvestment zone. And so this | 00:13:56 | |
| one. | 00:14:02 | |
| We did receive the HDRZ zoning designation, umm, and then the RDA board was assigned to administer the HRG funds and operate as | 00:14:08 | |
| the HCRG board. So ongoing, umm, each year we have to keep working on each one of these strategies. It's not like you can check it | 00:14:16 | |
| off and say we're done. Umm, we do have to continually show progress. And if we don't, then they deny our, our moderate income | 00:14:23 | |
| housing, umm, report. And when they do that, it's uh. | 00:14:30 | |
| I don't know exactly everything that happens, but it has to do with priority funding for transportation. There might be more | 00:14:38 | |
| consequences besides that. Umm, but so far we've, we've done well each year and, and getting this through Umm, But if you guys | 00:14:43 | |
| have any questions about any of these strategies or at the end of my staff report, I showed all of the different strategies that | 00:14:49 | |
| the state allows us to select to you. And so we could, umm throughout this year, work on changing some of these strategies to | 00:14:55 | |
| implement different umm, ideas. | 00:15:00 | |
| That that the state has allowed. But we do have to stick to that one. | 00:15:06 | |
| Yeah, sure I can. I do have them on, on that strategy for, for the downtown 800 something using those are moderate income housing | 00:15:11 | |
| units. So it the, the the strategy also says is for higher density or moderate income residential. Umm, so they don't have to be | 00:15:18 | |
| like income restricted. It's just saying moderate income or higher density. And the, the state was fine with our umm | 00:15:25 | |
| interpretation. | 00:15:32 | |
| With that, OK. | 00:15:40 | |
| Just to add something through the HTRZ zone, UMM, it does require 11.2%. That was our approval UMM to be designated UMM within the | 00:15:43 | |
| 80th percentile UMM for AMI. And so umm and that's, that would be within 1/2 mile. The unit's located within 1/2 mile UMM. And so | 00:15:51 | |
| we'll, we'll, we'll be tracking those and I believe. | 00:15:59 | |
| That comes into effect when they go for financing, for for for like vertical development. | 00:16:08 | |
| So we we can get more information as far as like when they'll get that designated. I think that that'd be helpful for us to start | 00:16:14 | |
| start tracking those as well. | 00:16:18 | |
| Yeah. | 00:16:24 | |
| Yeah, out of these lists, we did choose, uh, different strategies that we felt felt within our general plan. Umm, there's, there's | 00:16:28 | |
| some of these like, uh, let's see the, a lot of these have to do with like redevelopment of, of umm, uninhabitable housing stock, | 00:16:35 | |
| right? We don't really have that problem here in Vineyard yet. Umm, there's different strategies such as, uh, allowing single room | 00:16:42 | |
| occupancy development. Umm, we, we just felt that the, the six that we. | 00:16:49 | |
| That within our general plan a little bit better, umm, and allowed us to, to work on policy to implement umm, such as I, I | 00:16:56 | |
| presented earlier, I'd say on the single room occupancy. That was one that I believe we umm, we had a discussion on when we did | 00:17:03 | |
| the initial amendment and there, there seem to be some re reluctance on that one. So that was, that was one that we dropped. So my | 00:17:10 | |
| understanding is that we can either pick another strategy. | 00:17:17 | |
| Umm, we, we, we can replace one if we want, or we can find ways to continue to implement, correct the, the existing strategies | 00:17:25 | |
| that we have adopted. Yeah. And, and the state will push back on us if we say we're continuing to do this, you know, master plan | 00:17:30 | |
| study on our utilities. They're gonna say that's not good enough. You need to show actual progress. And they'll just say you | 00:17:36 | |
| cannot use the strategy going forward. | 00:17:42 | |
| And that that happened to us the last year we had one of those strategies that we said we're still working on this and they said | 00:17:48 | |
| no, you're not. | 00:17:51 | |
| OK. | 00:17:55 | |
| Yeah, I think, umm, keep the current strategies in place and the mistake comes forward. Kind of look at some other ones. I think | 00:17:59 | |
| the single room occupancy thing was one that we agreed as the Planning Commission could we would be workable for us. I think it | 00:18:06 | |
| uh, got knocked down. No, it was here that we decided to change that. Uh, I think there are some other ones that we could. | 00:18:14 | |
| Replace if, if we have an issue, do you guys foresee us having an issue with that? What, what we could do? Umm, and casually | 00:18:23 | |
| waiving us, but, but let me know what you think on this. Umm, taking these and then what we wanted to do is just kind of get us in | 00:18:29 | |
| front of you. Umm, instead of like a, a lot of times we get busy and then it's like until the last minute where we start we're | 00:18:35 | |
| like, Oh yeah. So if we require some general plan amendments, we wanna have the work sessions and be able to come over to the | 00:18:40 | |
| process. | 00:18:46 | |
| That there are. | 00:18:52 | |
| Sorry, there are a few that I could see us having issues in the future such as create a housing and transit and investment zone. | 00:18:53 | |
| Umm, we've created that. So the, you know, the, the policy here isn't implemented or you know, expand on that. So we might have | 00:18:59 | |
| issues with that one going forward as well as the development adopted stationary plan this year we will adopt it, but going | 00:19:05 | |
| forward after that, we might have to pick a new strategy because it has been adopted. | 00:19:12 | |
| Umm, we do have things like the the reduction of impact fees. So yeah, that that's the one that we they said we were OK, but that | 00:19:19 | |
| so, so, so that's one if we use show in the master plan that we would be analyzing. | 00:19:25 | |
| Correct that that that would qualify and and there's other ones like this one that we could pick up like strategy R, which is | 00:19:32 | |
| eliminate impact fees for such a growing units that are not internal. So that's something that that our impact fee study could | 00:19:38 | |
| also hopefully, umm, guide us in umm, that wouldn't be too hard to implement. And then J uh, along with that, where maybe you | 00:19:44 | |
| allow a 5% increase in FAR, you know, just a very simple standards like that would be really easy to do accompanied with the | 00:19:50 | |
| impact. Yeah, then you knock out. | 00:19:56 | |
| That's really one action That's kind of, I'm sorry. So I, I think what we could do is a, a next step is, umm, when we come back, | 00:20:02 | |
| have some, some suggestions of, of kind of like the, the next step. And then once we see alignment from the Commission on what | 00:20:09 | |
| those next steps could be, then we would do a general fundamental and place those next steps in the general plan. So I would | 00:20:15 | |
| anticipate every year when you, and it is a little confusing. The reporting period is August to August. | 00:20:22 | |
| Umm, And so we do have to make those changes before August if we want to show that we're making progress on any of these. Umm, And | 00:20:29 | |
| then, yeah, I think the report is due by the end of. | 00:20:34 | |
| 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 | 00:20:41 | |
| may have had. So like I said, we got approval back in January. In the past, our report was approved really easily. Umm, now | 00:20:46 | |
| though, from what we've heard is that, umm, based on stage, one wants to make a statement. They want city tickets really serious. | 00:20:52 | |
| So they essentially denied a lot of people's applications. So they, they, they denied our first attempt and we had to go back | 00:20:58 | |
| through and justify each of those. | 00:21:04 | |
| Different things within those six, uh, like you're talking about how we accomplished. I can't remember which one you said TRZ | 00:21:40 | |
| designation. Yeah. So we accomplished that. So we just continue doing this until we've accomplished everything on the list, even | 00:21:47 | |
| though we don't want a handful of things that are on the list or, and, and if that's the case, like how long are we gonna continue | 00:21:53 | |
| with this, uh, for the umm. | 00:21:59 | |
| Benefits that we're getting from it, Are we trying to hurry and use those benefits now? | 00:22:06 | |
| Or how, how, how are we going about this? I'm kind of curious if we get priority transportation. Fine, right. That's, that's my | 00:22:11 | |
| understanding. So that's what you preserve. Yeah, you basically lose the ability to get to be in line for those discretionary | 00:22:17 | |
| resources. | 00:22:23 | |
| Umm, but your question is a good one. This, this is a, it's a state mandate. You know, we comply in that way. Vineyards in a | 00:22:31 | |
| better position than just about every other city in the state because it has a good mix of housing. And the unfortunate thing is | 00:22:39 | |
| this is written mostly for cities, not like vineyards, and you don't get credit for things you've already done. | 00:22:47 | |
| Yeah, so it seems you end up on some of these, umm, establishing new goals, you know, establishing new priorities. And then I | 00:22:56 | |
| think when we communicate it to the state, you have to make a big deal of look at all we've already done and are already doing. | 00:23:02 | |
| Yeah, you know, when you get them approved. But you're you're report and the things that that you're doing as a city, I think it's | 00:23:08 | |
| better than what you're going to find in just about every other city in the state. And I would have that too, because we see | 00:23:14 | |
| amounts every year. | 00:23:20 | |
| That if they're seeing a lot of those items being checked out by other cities, then they probably would have more. Yeah, find | 00:23:26 | |
| other things to add. They they kinda, it kinda incentivizes cities to slow down and be like, yeah, we're doing a little bit right | 00:23:33 | |
| now and then the next year do a little bit more instead of just like one acre a year doing it. Yeah, anyway. | 00:23:39 | |
| That's how safe stuff is. OK, uh, sorry, did you have any other questions? You want us to? Cool, Thank you. | 00:23:48 | |
| Thank you. | 00:24:04 | |
| Thank you for answering my questions so far. I do have a couple more umm. | 00:24:09 | |
| That's Section J that you had up on the 1st. It said zoning incentives. What kind of zoning incentives are we considering? | 00:24:16 | |
| And then also, you know, Governor Cox has mentioned about the first time buyers with the $20,000 incentive. | 00:24:26 | |
| Where, where in this plan are we going to be able to have those types of homes available? OK, so I, I can answer the J1 real | 00:24:36 | |
| quick. Alright, that's not on the city's current plans for uh, we can pick out of a through, uh, X on which ones we want to do. | 00:24:44 | |
| And in the ones you saw in yellow highlighted, those are the ones that cities. | 00:24:52 | |
| Decided to move forward on that. We're gonna push on because you need to pick six of them. Uh, and so Jay currently is not one | 00:25:01 | |
| that the city is considering, uh, having in our general time. | 00:25:06 | |
| Without that, and I could refer to like, umm, if you add moderate income housing, we, we could reduce setbacks, we could increase | 00:25:13 | |
| heights, Umm, you know, decrease landscaping, like, like things that developer would want to incentivize them to do it. Umm, add | 00:25:18 | |
| more density. Umm, so there's, there's, there's things like that so that that could be a potential in the future because that's | 00:25:24 | |
| what we have control over. | 00:25:30 | |
| Mm-hmm. OK. And then, umm, yeah, just about, you know, what about the first time buyers? | 00:25:37 | |
| Plan that governor causes. | 00:25:43 | |
| Yeah, saving, you know, umm, where where are these type of homes going to be located in this HRTZ or are they going to be located | 00:25:45 | |
| in this HRTZ? They they would not be located in OK necessarily in HDRV is going to be right next to the transit center. It's going | 00:25:53 | |
| to be a lot more high density than I, I believe the, the program you're talking about would require. | 00:26:01 | |
| OK. Do we have any idea where those type of homes would be going because that's kind of a mandate, isn't it? | 00:26:11 | |
| It's not a mandate and and there frankly is not much of A municipal role in, in rolling that out. I it's handled through the state | 00:26:17 | |
| and it's a, it's a direct incentive to the home buyer. It would have to be new construction. It would not be existing stock. And | 00:26:24 | |
| then it's homes under a certain value and then people who qualify under a certain income and then I think they have a pot of money | 00:26:30 | |
| and once it expires every year it's done. | 00:26:37 | |
| So, so we don't have to worry about, no, the city doesn't play a role in administering that. It would. | 00:26:45 | |
| I it's eligible to be used anywhere by anybody that that fits the criteria and the home they're buying fits the criteria. I think | 00:26:51 | |
| where it may not apply to the HTRZ is that it's I believe for townhomes and single family homes. Not it's not for yes and for | 00:27:00 | |
| purchase. It's not for umm multi family housing or for for rent housing. | 00:27:08 | |
| There is in the HTRZ Morgan mentioned an allotment of units that will be available on. | 00:27:17 | |
| Umm, I forget what percentage you said of AMI, but it's 80%, Yeah. So you would look at the. | 00:27:25 | |
| The income and then the ratio of what the median income is relative to housing and then they have to set it at 80% roughly of | 00:27:33 | |
| that, but that's different than the state per room. OK. All right. Well, thank you very much. Thanks, Maria. Thank you. | 00:27:41 | |
| Thanks, Amy. | 00:27:49 | |
| Alright, alright. Any other questions? | 00:27:51 | |
| Comments. | 00:27:55 | |
| OK. If not, we'll move into the training session. | 00:27:57 | |
| Alright, Jamie Blakesley is doing a training session for us on Open Media Back End Enforcement. | 00:28:02 | |
| That's why you all came, right? Yes, All right. | 00:28:12 | |
| Actually, I've got this all right. | 00:28:55 | |
| Maybe. Yeah, well, I already have it. I. | 00:28:58 | |
| I thought I could do that. | 00:29:03 | |
| OK, good. | 00:29:06 | |
| All right, it's good to be with you today. I'm Jamie Blakely, the city attorney for those account number. Umm, we'll, we'll fly | 00:29:15 | |
| through this at whatever pace is relevant to you. And my preference is interrupt me and ask questions. Let's have it be a dialogue | 00:29:20 | |
| and I'll just be running through slides. So I've prepared materials, but if you want to depart from that and talk about different | 00:29:25 | |
| things. | 00:29:30 | |
| Umm, we certainly can do that. You're required every year to do open a Public Meetings Act training and for the first portion of | 00:29:35 | |
| that is Open and Public Meetings Act. That's a repeat for many of you, so. | 00:29:40 | |
| I'm gonna go through this pretty quick on Open and Public Meetings Act, but your you are a public body and as such you're required | 00:29:46 | |
| to conduct your deliberations openly. That means any time you have a quorum present, it's a quote meeting. And when you hold a | 00:29:53 | |
| meeting, they have to be open to the public and open to the public has. | 00:30:01 | |
| Some requirements that come with it. You have to publish an agenda that has 24 hours notice. Your agenda has to reasonably specify | 00:30:09 | |
| the topics that you'll take action on, and then you cannot act on anything unless it is. | 00:30:16 | |
| In that notice. | 00:30:25 | |
| Uh, electronic meetings are allowed. There's a policy in vineyards that allows for electronic meetings. You do have to have an | 00:30:32 | |
| anchor location where people can attend. Typically you want the chair of the meeting in that anchor location, but you can't attend | 00:30:38 | |
| and participate remotely. You are required to keep minutes of your meetings and a recording of the meetings. The recording has to | 00:30:45 | |
| be available within three business days of the meeting and then the minutes can be available at a later point. | 00:30:51 | |
| Recordings are permanently retained by the city and available to anybody that wants them. | 00:30:58 | |
| These are the things that need to be. | 00:31:06 | |
| In your written minutes and on minutes, there's not a requirement that they'd be prepared within a certain amount of time, but | 00:31:09 | |
| once they're approved then they have to be posted to the official record and be part of the record of the meeting. | 00:31:16 | |
| You cannot act on an ordinance or a resolution unless it was adopted in a meeting held for some of the Utah and Public Meetings | 00:31:25 | |
| Act. | 00:31:30 | |
| Most ordinances and resolutions don't require a hearing. There are some exceptions and you'll see the four point down on that list | 00:31:36 | |
| applies to just about everything you do as a Planning Commission. Anytime you're considering a land use regulation, then there's a | 00:31:42 | |
| hearing requirement. Typically that hearing occurs. | 00:31:48 | |
| Before the Planning Commission, you are allowed to hold closed meetings in certain circumstances. That's very rare with Planning | 00:31:55 | |
| Commission meetings. It can come up on the list of purposes for which you can go to a closed meeting. The ones that most often | 00:32:03 | |
| come up before the Planning Commission would be the UMM strategy session about the purchase or sale of real property. | 00:32:11 | |
| Uh, I don't know of anything before you right now that would require that, but it it, it could occur. | 00:32:21 | |
| Many of the other things that would be for a closed session, litigation, personnel decisions, those kinds of things are not within | 00:32:25 | |
| the purview of a Planning Commission, really don't come up in the seven years I've been on Planning Commission. There's another | 00:32:30 | |
| benefit, no. | 00:32:35 | |
| Yeah, we, we won't do a lot on that. You keep a record for certain close meetings. For others, you're allowed not to keep a record | 00:32:41 | |
| of what's discussed. You can hold emergency meetings. Again, I don't know if that's happening with Planning Commission or Planning | 00:32:48 | |
| Commission type of decisions. You're also allowed to hold special meetings. Special meetings do happen from time to time, | 00:32:54 | |
| especially if you have applications that have. | 00:33:00 | |
| A short time frame for turn around and you need something that's not on your regular schedule. | 00:33:08 | |
| You're allowed to hold a special meeting. There's a difference between a special meeting and an emergency meeting. | 00:33:12 | |
| But you can't do that, uh, things to be aware of the act does not apply if you have a chance gathering or a social gathering. So | 00:33:18 | |
| if you run into each other at the grocery store or a church or apartment or a movie, uh, you don't have to worry about having a | 00:33:24 | |
| quorum together unless you use that gathering as an opportunity to conduct business. If you have a conversation about things that | 00:33:31 | |
| are or could be before the Planning Commission. | 00:33:37 | |
| For you to consider, you have to have those conversations. | 00:33:45 | |
| Together as the Planning Commission, you can have one off conversation where you and another commissioner are discussing things, | 00:33:49 | |
| but anytime you have three of you, then it would become technically a quorum. You have a public body that has alternates, and I | 00:33:56 | |
| view the alternates as a member of the public body. So if there's three of you, any of the seven of you, then that would | 00:34:03 | |
| technically be a quorum since they are eligible to fill in for you if you're absent and to vote. | 00:34:11 | |
| Circumstance. | 00:34:19 | |
| There are criminal penalties for a violation of the Open and Public Meetings Act. | 00:34:21 | |
| And then a a note on electronic messaging. Electronic communication things like text messages, emails, Facebook threads can all | 00:34:27 | |
| become meetings if you have more than two of you on the same thread and and conversing in the same thread. Just don't ever reply | 00:34:36 | |
| all in the in the stuff when we get a an e-mail from one of staff or something, don't don't reply all. DCC is your friend. | 00:34:46 | |
| That's really it on opening public meetings. Any questions before I I move on? OK. | 00:34:58 | |
| I wanted to talk a little bit about the Land Use Development and Management Act. So the request was that today I talked a little | 00:35:04 | |
| bit about code enforcement. That's a bit of an odd topic for Planning Commission because you really have very little authority on | 00:35:11 | |
| code enforcement, but your decisions about land use ordinances may be informed by code enforcement and what's working and what's | 00:35:17 | |
| not. And so I wanted to frame the conversation in terms of. | 00:35:24 | |
| What are your authorities? How does it work and relate to state law? And then when we look at code enforcement, how might that | 00:35:31 | |
| process? | 00:35:34 | |
| Perform the work that you all are tasked to do. | 00:35:38 | |
| So cities have land use authority needs to be the same in Utah. They're creatures of the state and you're given the authority to | 00:35:41 | |
| adopt your own land use standards as long as they're consistent with federal law. With state law, you have to have a Planning | 00:35:47 | |
| Commission, you have to have land use and appeal authorities, you have to adopt A general plan and have a process for considering | 00:35:53 | |
| any new land use application. And then LUDMA has general themes that are consistent with property rights of individuals and where | 00:35:59 | |
| there's tension in the. | 00:36:05 | |
| Often, uh, forces cities to interpret their ordinances and to look at matters in a way that favors the applicant and not the city. | 00:36:11 | |
| And so it can sometimes feel a little bit like you're running uphill, uh, as a Planning Commission and as a city when you're | 00:36:19 | |
| trying to adopt your ordinances. But, umm, a few things noted there. Once you write your rules, they're binding. And we'll talk | 00:36:26 | |
| about that a little bit with code enforcement and how, how things are enforced. | 00:36:33 | |
| Uh, land use ordinances have to be plainly written to be enforceable. Your process is very, very important. And when I say tie | 00:36:43 | |
| goes to the applicant or the property owner, there's a provision in state law that if there's ambiguous language or a question | 00:36:50 | |
| about interpretation, the interpretation is the interpretation proposed by the applicant. I'll also say in the same process, | 00:36:57 | |
| sometimes applicants will say things are ambiguous ones. Clearly they're not. And so. | 00:37:04 | |
| You do have to make a reasonable reason of what's in the statute and what's in the language. | 00:37:11 | |
| Roles and responsibilities in the city. You have a legislative body, you have a land use authority. There are a few different land | 00:37:17 | |
| use authorities now and then. You have an appeal authority. The legislative body is always the City Council and only the City | 00:37:24 | |
| Council the land use authority. There are some land use decisions made by the council, some made by staff, some made by you and | 00:37:30 | |
| some now made by this new entity that we have to do subdivision. | 00:37:37 | |
| Applications and then you have to have an appeal authority and Vineyard, the appeal authority is contract hearing officer that | 00:37:44 | |
| will hear appeals. | 00:37:48 | |
| This is the framework of the most typical land use actions that come before a city legislation. We've talked a little bit about | 00:37:53 | |
| that's your final adoption of ordinances, the final adoption of general plan, rezoned annexation. Those always happen at the City | 00:38:02 | |
| Council level or the General Electric can do it through referendum or umm about initiative or ballot measure. | 00:38:10 | |
| There are administrative decisions that can occur at a number of different levels, but these are things like conditional uses, | 00:38:20 | |
| site plans, development agreements, subdivisions, code enforcement. You touch these things often. | 00:38:26 | |
| Uh, I put code enforcement on the list. You don't touch that or have a role in that other than understanding how our ordinances | 00:38:34 | |
| are being enforced and if it's working well. And then you would have a role in changing the ordinances if you wanted. And then | 00:38:40 | |
| there's a quasi judicial function of the appeal authority or a court, uh, when they consider things like a variance and appeal or | 00:38:46 | |
| judicial review of the decision that's made or actually taken. | 00:38:52 | |
| So how does it all work? | 00:38:59 | |
| In city code, these are your powers and duties. You're the recommending body for four things, and you're the approving body for | 00:39:02 | |
| four things. So the things you recommend, you review and recommend the general plan, land use ordinances, and then any | 00:39:09 | |
| applications to amend the general plan or ordinance amendments have to come through the Planning Commission. And then the City | 00:39:15 | |
| Council may from time to time ask for your advice on matters that relate to land use. | 00:39:22 | |
| In the city and you're an advisory body for those types of things. Umm, a recent example on that, and Chris is familiar with this, | 00:39:29 | |
| is the. | 00:39:34 | |
| The recent general plan amendment that related to data collection and data management and you all played a how to function in that | 00:39:39 | |
| and then ultimately was approved by the City Council. | 00:39:44 | |
| ERD approving body on a few things. So conditional use permits come to the Planning Commission, you make the final approval there. | 00:39:50 | |
| Uh, certain subdivision applications will come to the Planning Commission at certain stages. Umm, there's less of that in the | 00:39:57 | |
| future than what you're used to. Uh, which I, I think is a positive change in the last as long as we monitor what's happening with | 00:40:04 | |
| that and understand how we need to modify or tweak our ordinances. | 00:40:11 | |
| Uh, to accommodate if there's a question about interpretation of a zoning district or a zoning boundary that's delegated to the | 00:40:19 | |
| Planning Commission. So you would decide that interpretation and then your own bylaws, policies and procedures you have control | 00:40:25 | |
| over. | 00:40:30 | |
| Any ordinance adopted by the City Council can be challenged by lawsuit or referenda. | 00:40:37 | |
| There really are four ways that something can be challenged. You didn't follow the right process. It's not constitutional. It | 00:40:44 | |
| violates federal law. It violates state law. | 00:40:49 | |
| And then on a referenda, any newly adopted ordinance, there can be a petition if they get enough signatures, a complicated | 00:40:54 | |
| process, but essentially if they get enough signatures, they can put it on the ballot. We have had attempts. | 00:41:01 | |
| At, uh, putting things to a vote here in Vineyard in the last few years, there have there have been petitions, there has been | 00:41:09 | |
| signature gathering, but they have not met the signature gathering threshold to get it on the ballot. UMM Holdaway Fields was the | 00:41:15 | |
| most recent one that was challenged in that way. | 00:41:22 | |
| Uh, let's go through each of these real quickly just so you understand how the challenges come about procedural challenges. So | 00:41:31 | |
| once we, if we put a procedure in our loss, we have to follow it. If we depart from that, then we're, we can open ourselves to | 00:41:37 | |
| lawsuits and can be challenged on that basis. So you do want to be careful when you create ordinances that if you create a | 00:41:43 | |
| process, it's a process. We have the capacity. | 00:41:49 | |
| The staffing levels, the ability to. | 00:41:55 | |
| Carry out, uh, usually what you'll see here is a failure to follow the notice and hearing requirement under state law. If you | 00:41:58 | |
| don't give proper notice, you don't publicize it correctly, or you don't give notice of enough time, then the city's action can be | 00:42:04 | |
| challenged. | 00:42:10 | |
| Constitutional challenges. There are really three types. Due process comes under the 14th Amendment. This gives everybody the | 00:42:17 | |
| right, umm, to be heard, to be represented by council and to examine witnesses on anything that relates to their property or if a | 00:42:24 | |
| property right is taken away. This includes things like conditional uses or, or those kinds of approvals. | 00:42:32 | |
| You have, umm, equal protection, as if a law, uh, isn't applied to one group or person equally, that sometimes can be on its face | 00:42:40 | |
| and sometimes can be in the application of the ordinance if there are certain groups that are harmed by it. And then take | 00:42:47 | |
| insurance anytime you take somebody's property without paying them for it. | 00:42:53 | |
| There are three types of reviews that you'll see in court, strict scrutiny, intermediate scrutiny and rational basis. Here's | 00:43:02 | |
| essentially what they mean. If the challenge is that the law it doesn't apply equally to other individuals or affect the | 00:43:08 | |
| fundamental right, then the courts look at it with the most strict of lends and so they will look at what the government interest | 00:43:15 | |
| is in the regulation. | 00:43:21 | |
| They'll look at the regulation itself, and the regulation have to be the most narrow. | 00:43:28 | |
| It can be to regulate what's being targeted. Umm, sign ordinances are one that fall under strict scrutiny and they have to be | 00:43:34 | |
| narrowly tailored, umm, the courts, what they call them as time, place and manner restrictions. But when you, you can't just make | 00:43:42 | |
| a sign ordinance that, you know, says, uh, we don't like websites. You'd, you'd have to have something that. | 00:43:50 | |
| Relates exactly to what you're trying to regulate. | 00:43:59 | |
| Intermediate scrutiny, uh, if you had ordinances that applied only to certain gender classifications or. | 00:44:04 | |
| Things of that sort then you have to show that an important governmental objective is being regulated and that the ordinance is | 00:44:12 | |
| quote substantially related to achieving that objective. A little bit less than scrutiny, but still quite a high standard and then | 00:44:21 | |
| rational basis. And this is what applies to most land use ordinances is simply that you articulate some policy reasons for. | 00:44:30 | |
| Supporting that piece of legislation. And so when you are regulating land use, in most circumstances it will fall in this | 00:44:41 | |
| category. | 00:44:45 | |
| Umm, you know your your ordinance could be. | 00:44:50 | |
| I'd like bikes more than cars, and so I'm gonna provide just as much parking for people on bikes as I am for cars and it it | 00:44:53 | |
| doesn't matter in that circumstance. | 00:44:59 | |
| Uh, whether you have data to support that decision. If if that's your preference and your your wish, then you can do it. | 00:45:05 | |
| Where it gets a little bit tight with planning commissions is that you have some things you do that are legislative. And if it's | 00:45:14 | |
| legislative, more often than not it's going to be this rational basis standard and all you have to do is articulate a policy | 00:45:19 | |
| preference or a policy reason and have that on the record. If it's an administrative decision, you have to have, quote, | 00:45:25 | |
| substantial evidence. | 00:45:31 | |
| And that means you have to have things in the record. And this is the reason why, umm, you'll get advice from me of don't meet | 00:45:37 | |
| with applicants outside of the meeting. Because if you gather information from them, that is what you use to make your decision | 00:45:44 | |
| and it's not introduced in the record or part of the official proceedings of the Planning Commission, then I can't defend the | 00:45:50 | |
| action that the Planning Commission takes. | 00:45:57 | |
| And that's also the reason why if you do on your own time, visit a site or gather any information about the decision you have to | 00:46:04 | |
| make, be sure to bring that information into the meeting, make it part of the record. So an example, if you had a a conditional | 00:46:11 | |
| use application before you for a preschool and you were in in home preschool and you wanted to go see the home, see what it would | 00:46:18 | |
| be like for the pick up drop off. | 00:46:25 | |
| How traffic would queue, You know, would it, would it extend out among around the block? | 00:46:32 | |
| Umm, you might go visit the site at umm school, pick up and drop off hours to kind of get a sense for what the traffic impacts | 00:46:38 | |
| would be. That's a perfectly acceptable way for making that decision. And that's evidence is perfectly good evidence for making | 00:46:45 | |
| the decision. But if you never talk about it during the meeting, then you don't have it on the record and you would not have | 00:46:52 | |
| anything to support the decision you made. But if you came to the meeting and said. | 00:46:59 | |
| I went to the site I went on these days and at these times. | 00:47:06 | |
| Here's what I observed and you explained that and then that's on the record. That would be the kind of thing that would be | 00:47:10 | |
| required if you're making a more complicated decision and you wanted to have an understanding of traffic patterns, parking needs, | 00:47:16 | |
| those kinds of things. And what how you would get substantial evidence as you would umm, ask for a parking management plan or ask | 00:47:23 | |
| for the traffic impact study or something of that sort. | 00:47:29 | |
| To to buttress your decision. | 00:47:36 | |
| Ports, I'll just note final thing here is quartz, as long as you do have substantial evidence, courts are very deferential in Utah | 00:47:42 | |
| too, good decisions of municipalities. They're not going to substitute their judgment for years. | 00:47:48 | |
| OK, code enforcement. There is a line on that. | 00:47:55 | |
| I know this is small text, but I wanted it to be in the version of the presentation that goes to you. | 00:48:18 | |
| Umm, keep in mind as we talk about this, the Planning Commission doesn't play an active role in code enforcement, but it can be | 00:48:25 | |
| helpful to understand what options the city has when it enforces city code. There are two general categories. You can enforce | 00:48:32 | |
| things with criminal penalties. Umm, that criminal is, you know, just as you would think somebody can serve jail time or pay | 00:48:39 | |
| fines. | 00:48:46 | |
| For a criminal violation or you can do Civil Code enforcement and there's. | 00:48:54 | |
| Three different columns under Civil Code enforcement that we'll see. A citation is more for a one time violation. So if you think | 00:48:59 | |
| of a traffic ticket or if you were to ticket somebody for not cleaning up after their dog at the park, or you were to ticket | 00:49:06 | |
| somebody for parking improperly, umm, that's what we're talking about with the citation. Citation typically relates to individual | 00:49:13 | |
| behavior, not violations on property. | 00:49:20 | |
| Umm, and then citations will escalate. So in Vineyard you have $100 for the 1st, 200 for the 2nd, 400 for the third, umm, and so | 00:49:28 | |
| on. | 00:49:33 | |
| On civil abatement, if you have a violation that will continue to exist unless it's fixed, then you can, uh, give somebody notice, | 00:49:41 | |
| give them a time frame to fix it, and then if they don't fix it within that time frame, then you can begin accruing penalties or | 00:49:47 | |
| fees. | 00:49:53 | |
| Uh, the requirement in Vineyard is that you give a note to violation and then at least 10 days secure. These are your situations | 00:50:00 | |
| like weeds on a property. | 00:50:05 | |
| Inoperable vehicles on a property. | 00:50:11 | |
| Mobile homes or those kinds of things, improperly parked. If you had, uh, an unpermitted structure, you could go after it in this | 00:50:14 | |
| kind of a way. If you had, uh, building that creates, uh, nuisances and eyesore because it violates city code, you could go after | 00:50:21 | |
| it that way. 1° up from that is what we call a nuisance violation. A nuisance is any time you have a threat to public health, a | 00:50:28 | |
| threat to public safety, or a threat to public welfare. | 00:50:34 | |
| That either injuries or has the reasonable risk of injuring. | 00:50:42 | |
| A person or a person's use of property. And so we talked on abatement of things like leads that might be unsightly or umm, bad. If | 00:50:48 | |
| the weed condition got so bad that they, you know, grasses and, and things had grown to where you're worried they're gonna spread | 00:50:56 | |
| on other properties, then it might reach an abatement level. Umm, but more often abatement is when your weeds are gonna be so bad | 00:51:03 | |
| that they pose a fire risk. And so you would need to remove them before. | 00:51:10 | |
| That risk comes about or if you have chemicals on a property or. | 00:51:19 | |
| Uh, something of that sort nuisance of cities have, uh, an additional enforcement tool in that abatement that they can go in and | 00:51:24 | |
| fix the nuisance and then charge the property owner for that cost. There are some procedural aspects to it, but against the city a | 00:51:31 | |
| lot more authority. And then the really big thing it does for a city on a nuisance abatement is you can recover the cost of a | 00:51:38 | |
| nuisance violation by putting the tax lien against the property so you don't have to go to court. | 00:51:46 | |
| The judgment to collect, umm, you can just collect it as a delinquent tax. Jamie, real quick, uh, we, we had questions with moving | 00:51:53 | |
| or how we are no longer able to do the landscaping bond, umm, for development due to the state law. So for code enforcement, would | 00:52:01 | |
| that fall under the abatement category where they provided these plans? They're not, you know, planting the trees or whatever. I'm | 00:52:08 | |
| glad you're out. So, so there, there are two things. There are two things that newly will be. | 00:52:16 | |
| Problems for cities that relate to code enforcement 1 is what Cash just mentioned that you can't require the landscaping bond. And | 00:52:23 | |
| so if landscaping is not put in umm with a bond, it's nice because you have a resource you can tap into that just put install the | 00:52:31 | |
| landscape or compel that. If you look installed, we now will be in a situation where if the developer owns the property and it | 00:52:38 | |
| hasn't been landscaped, you can go after the developer. But in most circumstances I think. | 00:52:45 | |
| End up going against homeowners to force that landscape into occur. I don't love that because I think you're gonna have some | 00:52:53 | |
| homeowners that won't understand that they have that responsibility when they buy the home to complete the landscaping within a | 00:53:00 | |
| certain amount of time. They're not as resourced as the developer is and where you don't have a bond. | 00:53:07 | |
| It's just always cleaner if you have either a cash bond or an insurance product that you can go after. There's a city within its | 00:53:15 | |
| legal rights to at the time of issuing a certificate of occupancy. If they find that the landscaping hasn't been installed, umm, | 00:53:22 | |
| that they're able to cloud the title, which will then make it create a incentive for the developer to remove that cloud because no | 00:53:29 | |
| one would wanna buy a house with the cloud entitled. Great, great question. Umm. | 00:53:36 | |
| Eventually yes, but not it's not as simple as flipping this way flipping the switch. | 00:53:44 | |
| Have to follow the due process of citation 30 days notice. So what what the circumstance you end up in really is if the home is | 00:53:48 | |
| completed and then sold within a short amount of time by the time the city issues the notice and provides due process, the | 00:53:56 | |
| developer's got right and it yes and you eventually can get to a point where maybe it would go against the title. But if you're | 00:54:03 | |
| looking at the column on your sheet that is civil abatement. | 00:54:10 | |
| You would not be able to. | 00:54:18 | |
| 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 | 00:54:20 | |
| that judgment perfected and then you would do it as a judgment lane. Umm, if it's a nuisance level violation, which it rarely | 00:54:27 | |
| would be right for landscaping unless you have some kind of safety hazard. Umm, then it's a little bit abbreviated, but you still | 00:54:34 | |
| have to do the 10 days notice. | 00:54:40 | |
| Could could we have a requirement in code that if a developer doesn't need obligation for landscaping and they sell the property, | 00:54:48 | |
| but during the, uh, certificate of occupancy review or you know, yeah, we know this is documented. It wasn't done until it is | 00:54:55 | |
| rectified by the developer. Even if they sell it, they could not get an additional, any new building permit. | 00:55:02 | |
| I don't believe you could do that with the new state law prohibition. | 00:55:11 | |
| Yeah. So that's it. I'll look into it. That's a good question. What you're essentially asking is are there other sticks that apply | 00:55:16 | |
| right, Yeah. And we don't want homeowners to be stuck with something that they they have no idea they're taking on a liability | 00:55:23 | |
| that's developed. What we used to be able to do is a bond and withhold subscription of options complete which were important for | 00:55:30 | |
| the self arrive because they can't sell the home and and transfer tile until they get ACFO. | 00:55:37 | |
| Umm, those are taken away from us. So that takes me to the second thing that is limiting and it's that the state law no longer | 00:55:45 | |
| allows you to withhold CFO except for umm, life and safety kind of issues. So if you, if you had a home that didn't have, you | 00:55:52 | |
| know, water or heating or, or. | 00:55:58 | |
| The roof properly installed or things like that, with that life and safety, you could withhold the CFO or if you have an unsafe | 00:56:06 | |
| condition, you could withhold CFO. But if all that you have is the landscaping is not done or the home is not painted, you lose | 00:56:14 | |
| the ability to withhold the CFO in that circumstance. And so you have to kick over into Civil Code enforcement. | 00:56:22 | |
| Process and it should get It's a far more labor intensive process for a city to go through in that way and your chances of | 00:56:32 | |
| recovering an amount that exceeds your costs or. | 00:56:38 | |
| Are pretty tough. | 00:56:45 | |
| Yeah, yeah. Anyway, that's the general overview of administrative code enforcement. You won't play a huge role, but it's it's | 00:56:49 | |
| helpful to know how to interact. | 00:56:54 | |
| Umm, the ordinances that you pass and kind of how the whole process works. So any other questions or discussions? OK, that's it. | 00:56:59 | |
| Thank you. | 00:57:04 | |
| I guess this brings me to something that, uh, I had mentioned in the past, umm, because while we don't do code enforcement, we do | 00:57:11 | |
| make ordinances. We can make ordinances that have code enforcement for them. Uh, and, and, uh, one of the things we talked about | 00:57:19 | |
| previously was, uh, making it so that when somebody signs a rental agreement that there would be a page in the rental agreement | 00:57:26 | |
| that says that they have a specific amount of parking spaces. | 00:57:34 | |
| And that those people would have to sign that rental agreement just so that they know that they have X amount of parking spaces. | 00:57:42 | |
| Uh, and umm, it could be something that the city can use when people come in and they're like, hey, I don't have enough parking. | 00:57:49 | |
| It could be like, well, you signed this page that says that you have this much parking. Umm, I think it could be a way to kind of | 00:57:57 | |
| ease the burden on the city. Umm, and I feel like as far as code enforcement goes, if develop. | 00:58:04 | |
| Not developers, but people that are renting out their units or something, umm, aren't putting this in their, uh, rental contracts | 00:58:11 | |
| that they would have a citation of some sort. Is that something that we can work on? Yeah. So our Maria, she's our fairly new, uh, | 00:58:19 | |
| enforcement, umm, person. Umm, she is, uh, she kinda picked up on Kiana's work on a landlord program that the city could | 00:58:26 | |
| implement. So she's just been studying how other cities in the area do something like that. I, I don't, I'm not familiar with. | 00:58:34 | |
| Any of them that do like a letter of understanding regarding parking. Umm, but, but that is something that, that I'll have her | 00:58:41 | |
| look into to include in the program. OK. I think it, I think it could be beneficial because a, a big complaint for people that | 00:58:49 | |
| come to the city with parking issues is because either they didn't know how many parking spots they had or they were told | 00:58:56 | |
| differently than what is actual. And so, uh, if this is in their rental contract, then a is a, a renter the person. | 00:59:04 | |
| I'm renting out a unit have to prove that they have a parking spot for them and, uh, the, the person knows when they're renting, | 00:59:12 | |
| like pay is one spot, so I can't have four cars. So yeah, if we, if we could work on that in the future meeting, I think that | 00:59:19 | |
| could be really beneficial to the city. Can I ask a question related to that? Yeah. Uh, does the city currently have any kind of | 00:59:26 | |
| rental registration requirements or database or incentive to register? | 00:59:33 | |
| Properties that are we, we don't. The only thing that we do have is that when the renters need to pay the bill like utility bills, | 00:59:40 | |
| they do have to call in and get put on to the the property somehow. So are are utilities clerks do actually have that information? | 00:59:47 | |
| Of of rentals. Umm, but but that's it right now, that's all that we really have, OK. | 00:59:55 | |
| So that, that's what Murray is doing this research on is how to implement this program going forward so that we can, because | 01:00:01 | |
| Vineyard does have a lot of rentals, yeah, make sure that that our renters are being protected, like I said, with them | 01:00:06 | |
| understanding the, the parking situation and same thing with occupancy. Umm, we could include that in that letter saying I | 01:00:12 | |
| understand that the maximum occupancy is, you know, unit is 4 people and that that would, that really would help if that was the | 01:00:17 | |
| enforcement, yeah. | 01:00:23 | |
| The business licenses that we require on we, we don't require business licenses for rentals. | 01:00:29 | |
| Just a just accessory dwelling unit. So I know what some communities do is umm, in order to track whether uh, rental is a long | 01:00:35 | |
| term rental or short term rental to then ensure that short term rentals you're collecting POT taxes for. And if you have some kind | 01:00:42 | |
| of registration to say, hey, this is a long term rental. So therefore I don't need to pay POT. Umm, and then you now know where | 01:00:50 | |
| all of the rentals are. So therefore you can have these. | 01:00:57 | |
| No, no, no, that's not gonna include that in, in my notes. And we can, I can work with Maria on that and hopefully we'll have | 01:01:31 | |
| something in, in the next few months on this kind of program that we can look into implementing from. Awesome. Thank you, Tash. | 01:01:37 | |
| Alright, uh, as far as Commission member reports and expertise discussions, disclosures, anybody have anything? | 01:01:42 | |
| Nothing, anything from staff. Umm, I do have one update. Umm, we did get awarded a bicycle friendly community bronze level once | 01:01:51 | |
| again. That's something we can get certified every four years. Umm, and so we, we got that this last year, umm, and, and our | 01:01:58 | |
| bicycle advisory Commission can now use our report card to see kind of what areas we're, we're struggling in and what we can | 01:02:04 | |
| improve. So hopefully the next time we meet up, we can maybe get to the. | 01:02:11 | |
| First level. | 01:02:18 | |
| Anything else, Morgan, you got anything? Go for gold. You had a couple things. Umm, so you know, umm, the City Council might, I | 01:02:21 | |
| don't know the reason. We're just going to, let's say umm, to hold City Council meeting on January 21st. So umm, we will not have | 01:02:27 | |
| Planning Commission. | 01:02:33 | |
| Oh, I'm sorry. February 21st, ma'am. | 01:02:40 | |
| So, umm, our next meeting will be on March 6th and we'll have, we'll have quite a few items. One of those items is gonna be umm, | 01:02:46 | |
| Anthony presenting our updated waterfront master plan specifically for not the full time, but it's the vineyard beach area. Uh, he | 01:02:54 | |
| has worked really hard for 100 plus hours over the last, uh, let's say the last month we really just as on spot and helping design | 01:03:01 | |
| and manage a large team of professionals and done just amazing jobs. Umm, just. | 01:03:08 | |
| Monday, he presented before a TTAB board. That's the tour tax Tourism. | 01:03:16 | |
| Trans something, something to our Advisory Board. Yeah. So they, they, umm, they provide recommendations to the, umm, the Utah | 01:03:24 | |
| County Commission, umm, and so we were able to get a 24 month extension on our, our grant that received a few years ago. It's, | 01:03:29 | |
| it's taken a lot of planning so we need a little bit more time. Uh, they, they love the plan and we're hopefully gonna. So that's | 01:03:35 | |
| a $3,000,000 grant that we have umm. | 01:03:40 | |
| And we're looking for other umm, you know, Washington ways of getting, getting some more, some more funds to that umm, And so | 01:03:46 | |
| that'll be pretty exciting. So he'll provide an update on on March 6 and provide kind of that same presentation that was given to | 01:03:52 | |
| the county. So that should be exciting. Umm, we do have umm, the Utah IPA. I think we've brought this up before the Cedar City | 01:03:58 | |
| conference, May 10th through the 12th. Umm, so we have. | 01:04:04 | |
| Day day going umm. If anyone else would like to go, let us know. | 01:04:11 | |
| OK, Yeah, if you wanna verify that and then. | 01:04:16 | |
| Umm, those that wanna go, let, let us know and we'll, we'll, we'll get you signed up and the city will, will Co We, we budget it | 01:04:19 | |
| for it. So if you could just send Anthony an e-mail just saying that even if you're interested in going right now, that way. So | 01:04:25 | |
| that's may, uh, 10th through the 12th. I just have to, I have my kids that week, so you can bring them. It's gonna be a shuffle. | 01:04:31 | |
| We'll get you A2 bed, hotel room. | 01:04:37 | |
| Four kids, that's great. We, we, we can't buy them food. We can buy you food. | 01:04:45 | |
| Just eat a little bit. I'll just send them off into the street. OK, fine. | 01:04:51 | |
| Well, that'll be a really fun one. Umm, and they haven't announced the umm bike Utah Summit yet, but most likely that'll be in | 01:04:56 | |
| May. Yep. Uh, I messaged them about that this week and they wrote back and said that they're not doing it this year, but they're | 01:05:02 | |
| doing some other something else in the fall in in place of it. It's not like specific, but it's something something else with some | 01:05:09 | |
| other group that's in places look like some. | 01:05:16 | |
| You guys got anything? No. | 01:05:52 | |
| OK, cool. All right. Do I have a motion to adjourn? | 01:05:56 | |
| I move to adjourn. | 01:06:01 | |
| So the privacy bill is out. | 01:06:13 |