MIDVALE CITY COUNCIL MEETING AGENDA

Transcription

1 655 West Center Street Midvale, UT Phone (801) Fax (801) MIDVALE CITY COUNCIL MEETING AGENDA July 02, 2013 PUBLIC NOTICE IS HEREBY GIVEN that the Midvale City Council will hold a regular meeting on the 2nd day of July, 2013 at Midvale City Hall, 655 West Center Street, Midvale, Utah as follows: 6:30 PM INFORMATIONAL ITEMS I. DEPARTMENT REPORTS II. CITY MANAGER BUSINESS 7:00 PM REGULAR MEETING III. GENERAL BUSINESS A. WELCOME AND PLEDGE OF ALLEGIANCE B. ROLL CALL IV. PUBLIC COMMENTS Any person wishing to comment on any item not otherwise on the Agenda may address the City Council at this point by stepping to the microphone and giving his or her name for the record. Comments should be limited to not more than three (3) minutes, unless additional time is authorized by the Governing Body. Citizen groups will be asked to appoint a spokesperson. This is the time and place for any person who wishes to comment on non-hearing, non-agenda items. Items brought forward to the attention of the City Council will be turned over to staff to provide a response outside of the City Council meeting. V. COUNCIL REPORTS A. Council Member Paul Hunt B. Council Member Robert Hale C. Council Member Wayne Sharp D. Council Member Colleen Costello E. Council Member Paul Glover

2 City Council Meeting July 02, 2013 Page 2 VI. VII. MAYOR REPORT A. Mayor JoAnn B. Seghini PUBLIC HEARING - 7:00 PM A. Consider a Subdivision Plat for the Rooftops at 78 Hundred Townhomes Phase 3 [ Lesley Burns, City Planner ] ACTION: Approve a Subdivision Plan for the Rooftops at 78 Hundred Townhomes Phase 3 VIII. CONSENT AGENDA A. Set Date and Time (July 16, 2013 at 7:00 p.m.) for a public hearing to consider rezoning 9.5 acres of property located at approximately 7612 South Holden Street from Bingham Junction Zone/Junction at Midvale Overlay to Bingham Junction Zone/Silver Refinery Overlay [ Lesley Burns, City Planner ] IX. ACTION ITEMS A. Approve Resolution No R-30 Confirming the Appointment of Tyler Sharp as an Alternate Member of the Planning Commission [ Lesley Burns, City Planner ] B. Approve Resolution No R-31 Confirming the Appointment of Brent Christenson as a Full-Time Member of the Planning Commission [ Lesley Burns, City Planner ] C. Consider Approval of Resolution No R-32 Authorizing the Mayor to enter into an agreement with "National Joint Powers Alliance (NJPA)" for cooperative purchasing purposes [ Ken Vance, Public Works Director ] X. DISCUSSION ITEMS A. Arts Council Annual Report [ Stephanie Johnson ] B. Discuss Rezoning 9.5 acres of property located at approximately 7612 South Holden Street from Bingham Junction Zone/Junction at Midvale to Bingham Junction Zone/Silver Refinery Overlay [ Lesley Burns, City Planner ] C. Discuss Seasonal Food and Vending Carts [ Phillip Hill, Asst. City Manager/CD Director and Lesley Burns, City Planner ] D. Discuss Surplus Property [ Ken Vance, Public Works Director ] XI. ADJOURN In accordance with the Americans with Disabilities Act, Midvale City will make reasonable accommodations for participation in the meeting. Request assistance by contacting the City Recorder at , providing at least three working days advance notice of the meeting. TTY 711 Council Members may participate in the meeting via electronic communications. Council Members participation via electronic communication will be broadcast and amplified so other Council Members and all other persons present in the Council Chambers will be able to hear or see the communication. A copy of the foregoing notice was posted in conspicuous view of the front foyer of the Midvale City Hall, Midvale, Utah. Copies of this notice were provided for the news media via electronic and/or sent by facsimile to the

3 City Council Meeting July 02, 2013 Page 3 Salt Lake Tribune and Deseret News. A copy of the agenda was posted on Midvale City s website at and the state public notice website at PLEASE MAKE SURE ALL CELL PHONES ARE TURNED OFF OR ON VIBRATE DURING THE MEETING. DATE POSTED: JUNE 27, RORI L. ANDREASON, MMC H.R. DIRECTOR/CITY RECORDER

4 MIDVALE CITY COUNCIL SUMMARY REPORT July 2, 2013 SUBJECT: Public Hearing on a Subdivision Plat for the Rooftops at 78 Hundred Townhomes Phase 3 SUBMITTED BY: Lesley Burns, City Planner SUMMARY: On June 28, 2010, the Planning Commission approved a Large Scale Master Plan for a 330-unit townhouse project located on 15.6 acres at the northwest corner of 7800 South and Euro Road, known as the Rooftops. On August 25, 2010, the Planning Commission approved a Small Scale Master Plan for the south half of the project which includes 131 townhouse units. Since this time, the City Council has approved a development agreement for the overall project, and the Developer, Chris Ensign with Solstice Homes, has received a final site plan approval and has constructed the first five buildings along 7800 South. Most recently, Solstice Homes has received final site plan approval for three more buildings (Bldgs. 6, 7 & 8). There are twenty-nine townhouse units within these three buildings. Two of the buildings are currently under construction. It has always been the intent of the Developer to create a for sale housing product. In order to do that, a subdivision plat, designating the individual townhome units, is required. The applicant has started the subdivision review process, and is requesting a recommendation from the Planning Commission on a preliminary subdivision plat for this third construction phase, which includes the three buildings (29 units). The proposed subdivision plat for Phase 3 is attached. This plat reflects and is consistent with the Phase 3 area that has received final site plan approval. The plat provides for the individual ownership of each townhouse unit; common area for the landscaped areas, the road and alleyways providing access to the individual units. These areas will be owned and maintained by a Homeowners Association. The declaration of covenants, conditions and restrictions document (CC&R s) was completed and recorded with the Phase 1 subdivision plat. The area covered by the CC&R s will be expanded to include this Phase 3 area, expanding the existing homeowners association to include these new units. The Planning Commission conducted a public hearing on this application on June 12, 2013 and forwarded a positive recommendation to the City Council to approve the preliminary subdivision plat with the following conditions:

5 1. The applicant shall prepare a final subdivision plat to be reviewed and approved by the City Engineer, Fire Marshal, City Planner and City Council. 2. The applicant shall provide evidence that a courtesy notice has been sent to Questar Gas, Rocky Mountain Power, Comcast Cable, Utopia and CenturyLink regarding the utility easements on the subdivision plat prior to the subdivision plat being recorded. 3. The applicant shall expand the area covered by the existing declaration of covenants, conditions and restrictions (CC&R s) for Rooftops at 78 Hundred Townhomes, to include the Phase 3 area. This amendment to the document shall be recorded concurrently with the subdivision plat. The subdivision plat has been reviewed by the City Engineer. The City Engineer is requiring some corrections to some of the technical information found on the plat. These corrections will not substantially change the plat. The Fire Marshal has reviewed and approved the plat. All utility companies have been notified. A water and sewer letter has been provided by Midvale City. The applicant is working on the document to expand the area covered by the existing declaration of covenants, conditions and restrictions (CC&R s) for Rooftops at 78 Hundred Townhomes, to include the Phase 3 area. FISCAL IMPACT: N/A STAFF RECOMMENDATION: The proposed subdivision plat for Rooftops at 78 Hundred Townhomes Phase 3, to include 29 townhome units and common areas, complies with the development layout approved by the Planning Commission for the Rooftops Large and Small Scale Master Plan and the Development Agreement. This proposed plat creates the mechanism for the townhouse units to be individually sold and complies with the preliminary subdivision plat requirements of the Code. Staff agrees with the Planning Commission s recommendation. RECOMMENDED MOTION: Based on compliance with the approved Final Site Plan for the Rooftops Phase 3 Project and the Subdivision Plat requirements of the Zoning and Subdivision Ordinance, I move we approve the Subdivision Plat for Rooftops at 78 Hundred Townhomes Phase 3 with the following conditions: 1. The applicant shall make the necessary corrections on the final subdivision plat as required by the City Engineer and obtain all required signatures on the Mylar. 2. The applicant shall expand the area covered by the existing declaration of covenants, conditions and restrictions (CC&R s) for Rooftops at 78 Hundred Townhomes, to include the Phase 3 area. This amendment to the document shall be recorded concurrently with the subdivision plat. 2

6 Attachments: Vicinity Map/Junction at Midvale Master Plan The Roof Tops at View 72 Small Scale Master Plan Proposed Subdivision Plat 3

7 TUSCANY VI EW E POWD ER HIL L JORDAN RIVER PKWY Subdivision Area MOGUL PEAK EURO CEN TER 7800 Rooftops Phase 3 Townhouses BINGHAM JUNCTION SUMMIT PEAK NT DESCE ROPE KEY HOW

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10 MIDVALE CITY COUNCIL SUMMARY REPORT Meeting Date: July 2, 2013 SUBJECT: Set Public Hearing for July 16, 2013 and Discussion on a rezone request from Bingham Junction Zone/Junction at Midvale Overlay to Bingham Junction/Silver Refinery Overlay on the 9.57 acre parcel located at 7612 S. Holden St. (northwest corner of 7800 South and Holden St.) SUBMITTED BY: Lesley Burns, City Planner SUMMARY: Following discussions and public hearings with the Planning Commission and City Council over the past few months, a new overlay in the Bingham Junction Zone, the Silver Refinery Overlay, was created for the 9.57 acre property located at the northwest corner of 7800 South and Holden Street to address the specific constraints and circumstances attached to the property. Although the ordinance adopting the Silver Refinery Overlay was approved by the City Council, the property on which it is to be applied still needs to be rezoned to include the new overlay. The property is currently zoned Bingham Junction and includes the Junction at Midvale Overlay. The request is to maintain the underlying Bingham Junction Zone, but to change the overlay to the Silver Refinery Overlay that was created specifically for this area. The rezone process requires a review and recommendation to the City Council from the Planning Commission following a public hearing, and a review and decision from the City Council following a public hearing. Since this property was specifically identified in the creation of the new overlay, this rezone request is essentially a housekeeping item to ensure the required noticing and actions are being done to make the change on the City s official Zoning Map. The Planning Commission conducted a public hearing on this request on June 26, Based on the new Silver Refinery Overlay adopted by the City Council in May 2013, the Planning Commission forwarded a positive recommendation to the City Council to rezone the 9.57 acre parcel located in the northwest corner of 7800 South and Holden Street from the Bingham Junction Zone with the Junction at Midvale Overlay to the Bingham Junction Zone with the Silver Refinery Overlay. FISCAL IMPACT: N/A

11 STAFF RECOMMENDATION: Staff agrees with the Planning Commission s recommendation. RECOMMENDED MOTION: NA Attachments: Vicinity Map Zoning Map 2

12 ZO SIXTH FRANCESCO EN LOR SAN TUSCANY VI EW BINGHAM JUNCTION FOURTH DEPOT THIRD SECOND STAGG SMELTER MAIN FIRST CENTER COOPER HANSEN 7725 PRICE HOLDEN LE PAGE SUMMIT PEAK NT DESCE FIFTH driveway LENNOX NEW OVERLAY AREA

13 ZONING MAP

14 MIDVALE CITY COUNCIL SUMMARY REPORT Meeting Date: July 2, 2013 SUBJECT: Appointment of Tyler Sharp to serve on the Planning Commission as an alternate member (Resolution No R-30) SUBMITTED BY: Lesley Burns, City Planner SUMMARY: The Midvale City Planning Commission is comprised of five full time members and two alternate members. Currently, there is a vacancy for an alternate member. Tyler Sharp has expressed an interest in serving on the Planning Commission. Mr. Sharp has lived in Midvale for 20 years and would like to get involved in the community through the City. It is the Mayor s desire to appoint Mr. Sharp to the Planning Commission as an alternate member and she is requesting the Council s consent to this appointment. A resolution has been prepared for the City Council s consideration of this appointment, which would be for a four year term beginning immediately. FISCAL IMPACT: N/A STAFF RECOMMENDATION: Staff recommends that the City Council adopts Resolution No R-30, appointing Tyler Sharp as an alternate member on the Planning Commission for a four year term. RECOMMENDED MOTION: I move that we adopt Resolution No R-30, appointing Tyler Sharp to serve on the Planning Commission as an alternate member with his term expiring July Attachments: Resolution No R-30 Planning Commissioner Application

15 MIDVALE CITY, UTAH RESOLUTION NO R-30 A RESOLUTION CONFIRMING THE APPOINTMENT OF TYLER SHARP TO SERVE ON THE PLANNING COMMISSION AS AN ALTERNATE MEMBER WHEREAS, in accordance with Section of the Midvale City Municipal Code, the Planning Commission is comprised of five members and two alternates to serve four year terms; and WHEREAS, the Planning Commission currently has an alternate member vacancy; and WHEREAS, members of the Planning Commission are appointed by the Mayor with the advice and consent of the City Council per Section of the Midvale Municipal Code; and WHEREAS, the Mayor desires to appoint Tyler Sharp to serve on the Planning Commission as an alternate member with a term expiring in July 2017; and WHEREAS, Tyler Sharp has expressed a desire to serve on the Planning Commission as an alternate member; and WHEREAS, the City Council consents to this appointment; NOW, THEREFORE, BE IT RESOLVED by the City Council of Midvale City, Utah: SECTION 1. The City Council hereby confirms the Mayor s appointment of Tyler Sharp as an alternate member of the Planning Commission with a term expiring in July SECTION 3. This Resolution shall take effect immediately. PASSED AND APPROVED this day of, ATTEST: JoAnn B. Seghini, Mayor Rori Andreason, MMC City Recorder Voting by City Council Aye Nay Colleen Costello Paul Glover Robert Hale Paul Hunt Wayne Sharp

16 MIDVALE CITY COUNCIL SUMMARY REPORT Meeting Date: July 2, 2013 SUBJECT: Appointment of Brent Christenson to serve as a full time member on the Planning Commission, filling an unexpired term (Resolution No R-31) SUBMITTED BY: Lesley Burns, City Planner SUMMARY: The Midvale City Planning Commission is comprised of five full time members and two alternate members. LaRay Brown, who has served as a full time member, has resigned effective June 3, 2013, leaving an unexpired term through March 2015 for a full time member. Brent Christenson has been serving as an alternate member on the Planning Commission since November Mr. Christenson has expressed an interest in becoming a full time member and filling this unexpired term. It is the Mayor s desire to appoint Mr. Christenson as a full time member and filling the unexpired term. The Mayor is requesting the Council s consent to this appointment. A resolution has been prepared for the City Council s consideration of this appointment, which would take effect immediately. FISCAL IMPACT: N/A STAFF RECOMMENDATION: Staff recommends that the City Council adopts Resolution No R-31, appointing Brent Christenson as a full time member and filling the unexpired term of LaRay Brown through March RECOMMENDED MOTION: I move that we adopt Resolution No R-31, appointing Brent Christenson as a full time member on the Planning Commission and filling an unexpired term through March Attachments: Resolution No R-31

17 MIDVALE CITY, UTAH RESOLUTION NO R-31 A RESOLUTION CONFIRMING THE APPOINTMENT OF BRENT CHRISTENSON AS A FULL TIME MEMBER ON THE PLANNING COMMISSION FILLING AN UNEXPIRED TERM WHEREAS, in accordance with Section of the Midvale City Municipal Code, the Planning Commission is comprised of five members and two alternates to serve four year terms; and WHEREAS, the Planning Commission, due to the resignation of LaRay Brown, will have an unfilled, unexpired term for a full time member; and WHEREAS, members of the Planning Commission are appointed by the Mayor with the advice and consent of the City Council per Section of the Midvale Municipal Code; and WHEREAS, the Planning Commission has an alternate member, Brent Christenson, having served as an alternate since November 2012; and WHEREAS, the Mayor desires to appoint Brent Christenson to fill the unexpired term on the Planning Commission based on his contributions and dedication to the Planning Commission as an alternate member; and WHEREAS, Brent Christenson has expressed a desire to serve on the Planning Commission as a full time member; and WHEREAS, the City Council consents to this appointment. NOW, THEREFORE, BE IT RESOLVED by the City Council of Midvale City, Utah: SECTION 1. The City Council hereby confirms the Mayor s appointment of Brent Christenson as a full time member of the Planning Commission, filling the unexpired term which ends March SECTION 2. This Resolution shall take effect immediately. PASSED AND APPROVED this day of, ATTEST: JoAnn B. Seghini, Mayor Rori Andreason, MMC City Recorder Voting by City Council Aye Nay Colleen Costello Paul Glover Robert Hale Paul Hunt Wayne Sharp

18 MIDVALE CITY COUNCIL SUMMARY REPORT Meeting Date: July 2, 2013 SUBJECT: SUBMITTED BY: A Resolution authorizing the Mayor to enter into an agreement between Midvale City and the National Joint Powers Alliance (NJPA) for cooperative purchasing purposes Laurie Harvey, Asst City Manager/Admin Services Director Ken Vance, Public Works Director SUMMARY OF AGENDA ITEM: Utah law and Midvale City Code allow expenditures to be made without formal or informal bidding procedures when the expenditure is made in conjunction with an agreement approved by resolution of the City Council between the City and another governmental entity. The National Joint Powers Alliance (NJPA) is a Minnesota Service Cooperative created to allow for cooperative efforts to provide for contract and vendor relationships to purchase goods and services as a result of the current and active competitive bidding process exercised by a legal qualifying bidding agency on behalf of governmental and other qualifying agencies. This is commonly referred to as piggy-backing, referring to using competitive bids obtained by other governmental entities. By piggybacking other bids, the City can avoid the time-consuming process of soliciting bids for the same commodity or service, and benefit from economies of scale. Midvale s Purchasing Ordinance currently allows piggy-backing on all state of Utah contracts. As stated above, the Ordinance also allows piggy-backing on other city or governmental entities with an agreement approved by resolution of the City Council. In the future, the Council may want to consider amending Midvale City s Purchasing Ordinance to add blanket approval of bypassing the bidding process for any expenditure made between the City and other governmental entities, including joint powers agencies such as NJPA, for which competitive bidding or price negotiation has already occurred. Recommended Motion: Attachments: I move that we approve Resolution No R- 32, a Resolution authorizing the Mayor to enter into an agreement between Midvale City and the National Joint Powers Alliance (NJPA) for cooperative purchasing purposes Joint Exercise of Powers Agreement Resolution No R-32

19 MIDVALE CITY CORPORATION RESOLUTION 2013-R-32 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN MIDVALE CITY AND THE NATIONAL JOINT POWERS ALLIANCE (NJPA) FOR COOPERATIVE PURCHASING PURPOSES Whereas, pursuant to Utah Code , Midvale City is permitted to make the most efficient use of its powers, and to benefit from available economies of scale, by cooperating with other localities on a basis of mutual advantage; and Whereas, pursuant to Utah Code , any Utah public agency may act jointly with any out-of-state public agency; and Whereas, Utah Code defines public agency to include any interlocal cooperation or joint powers agency formed under the authority of the law of another state, subject to formal approval by the legislative body of the public agency; and Whereas, Midvale Municipal Code (D)(5) allows for purchases without bidding procedures for expenditures made in conjunction with an agreement approved by resolution of the City Council between the City and a governmental entity; and Whereas, the Midvale City Council desires to enter into an agreement with the National Joint Powers Alliance (NJPA) for the purpose of accessing available purchasing contracts for goods and services from each other which can be most advantageously done on a cooperative basis; Now Therefore be it resolved, by the Midvale City Council, that 1. The Mayor is authorized to execute an agreement with NJPA, allowing the NJPA to provide procurement contracts on behalf of Midvale City. 2. This resolution shall become effective immediately upon passage thereof. Passed and adopted by the City Council of Midvale City, state of Utah, this day of, ATTEST: JoAnn B. Seghini, Mayor Rori L. Andreason, MMC, City Recorder

20 Voting by the City Council Aye Nay Colleen Costello Paul Glover Robert Hale Paul Hunt Wayne Sharp

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