City Council - Regular Meeting

This is the last two years before this, where they do a bond issuance. They go and build out the capital facilities, the fiber optic network. They keep some money back for debt service and some issuance costs. And the idea that that's going to generate more revenue, which will help And hopefully, there was some good discussion from some of the members of the board about when we can see kind of maybe this kind of become revenue generating. So it's not just an immediate thing, because you have to build the five-year network before you can actually get customers. So you have to do this up front. So the hope is that within five or six years, we'll be able to see some of the fruition. So this has not been passed yet. to state law, we had to talk about it and then set a public hearing. So the public hearing is actually October 5th. So if anyone wants to join the call, I'm happy to throw it to Jim. But a lot of good information. It's a pretty dense topic, long issues. But it's interesting. There's been some good questions, and they're going to bring back some information to us to help us decide if this is the right path. Previous bond issuances have passed unanimously, and we've seen, you know, when Roger was here last week and last time around, showing kind of UIA's direction of travel. It's going really well. So you can only do these types of things if you think you can generate revenue. And so the idea is that If the carrier is going to raid our bonds and we realize how many there is, there's some backing for that. So that's the hope. Just give me some information. I should have more information. Our first meeting. When's our first meeting? The second. The second. The first. Yeah. It's the orders. So we'll meet before we have this, probably the next time after that. Is there a specific area that they're looking to build out then? No, I think it's just system-wide. We weren't trying to focus on one particular area. They have a lot of growth in some of the other areas, so I think it's just kind of being able to have some capital available if they want to spice up one area a little bit more. Do you have any information or questions? Well, it's the information then.

So I attended with the jurors a meeting on history. So we do have an offer on what property to build. We will focus on that. We'll never steal a property and steal a building. Nothing too crazy about doing that. But I do have, if you may acknowledge me, I have two questions for Alex. Okay. um you know an update on that and then um also we can get an update uh that will kind of come at the end of the construction season on all those contracts that we helped approve um where we're at and those how they're I appreciate that. Just like the construction projects, like the one on West Hillfield Road, there's another one up by Northridge High School, if I remember correctly. I can look back and get you a list. Just how they're coming, how they're proceeding, nothing new. It's their responsibility.

That's basically what you're asking, right?

Are you talking about city projects that work now or are you talking about private projects?

I'm talking about city projects now. Julie mentioned the young one, but that's their home.

Do you have any updates? Very good. Well, then let's go ahead and get on with our agenda items, which we're very fortunate to have to give us an environmental program update and share. This is Carly. She's here to make sure that I do.

So my name is Jared Case. I'm a project manager at Hill, and I do the responsible for the investigation of PFAS at Hill. It sounds like you're familiar a little bit with PFAS. So this presentation is the same, very similar to the one we did over a year ago, a year and a half. But I'll go through some of that just as a reminder, and then have an updated map of what we've found so far with our investigation. So go ahead and go to the next slide. So PFAS. I like to refer to it as a four-letter word, meatbox. Over 9,000 synthetic chemicals invented about the 1940s. Common one you can think of is Teflon. It has meatbox in it. It's one of the things that's used for non-stick cookware. It's used in lots of different products. All of those that are listed there. Fabric treatments, you know, for waterproofing and stain resistance, those kind of things. Food packaging. And the Air Force used it as well as other military and airports as firefighting foam or AFFF. It was really good for, you know, fires, fuel fires, especially with planes. And it's also like what we use in our hangers or used to use our hangers. So as you can see, lots of different sources. The one I'm focused on is the AFFF and the other of course based as far as our investigation. Go ahead. So in 2024, the EPA published for maximum contaminant levels, which are drinking water standards under the Safety Water Act that are legally enforceable, for five compounds, which you'll see these five listed here have a number, and then also a hazard level for a mixture of these compounds. So if you have lesser amounts, let's say, of a few of these, it exceeds that calculation that it's also above a maximum contaminant level. One important thing is that this is leveled in parts per trillion. And my highlight there shows one part per trillion is equivalent to one drop of water in 20 vehicles. So it's not a lot. So four parts per trillion would be four drops. Not very much. So it's very small. Go to the next slide. from this, the key point is that there's no one on or around the other Air Force Base that's drinking water PFOA and PFOS, which are the two kind of main ones, from the Air Force above the NACLs. We've done surveys of people that have wells. There aren't very many that use the shallow groundwater for their drinking for a lot of reasons. One is that it's not very good quality anyway. we tested i think it was six up to four miles away from the base so we didn't find anything we're going to continue to be monitoring that but i wanted to lay out here the plan that the airport was following regardless of where the location is in the airport space so one thing is with that new rule in 2024 provides five years for public bar systems to implement get their treatment systems ready to be able to handle that. The Department of War is working to implement these standards for private drinking water wells, so where if we find those that people are using, then we fix that problem and take care of it. We've done that at other Air Force business. The MCLs can be used as drinking water, or sorry, cleanup standards, so for where we've had releases, and also as a trigger to take interim actions. such as private drinking water wound treatment. And so we can do that under the federal cleanup law, which is super fun. It's also a circle of... to find there. And the important thing with this is that whenever we find a problem, we can take that interim action to fix it. So we've done that in a bunch of different locations around the country, one in particular being where people use the drinking water right off the base, and they each have private wells in their homes. And so the Air Force has worked with them to put treatment systems on their homes, or hook them up with the same water where possible to fix that problem. So we are continuing to collect and review So because of all the other sources of PFAS, from industry and society and different things, we have to be able to distinguish what came from us and what's naturally or not naturally, what's there, what's not, how long. We provide treatment where we do find that. If we were here at Hill, we would do the same thing. And we prioritize that treatment based on the levels that we see at home right now. We're kind of focused on a cup, but greater than three MCL would be done first, so instead of four, it would be 12. Followed by less, it's not applicable here because we don't have it in our drinking water, but that's kind of the process, kind of the worst first we take care of. Go ahead and go over this. So this is the cleanup process, CERCLA. We have completed for the firefighting foam investigation all of the first three phases. We're now in this remedial investigation phase, which is where we try to define the nature and the extent of the contamination. So where did it go? and how i um we're trying to figure that out right now once we get that established we will do um basic risk assessment which is this asks the question where did it go this asks the question once we have that we figure out what to do with it as far as a plan to put in place and that is in a record decision where we say this is what we're going to do and then we go and do it One key point is, as I mentioned, those interim actions, in any part of this process, if we find an exploit or a risk that's unacceptable, then we would take action. We don't wait for this process to finish, which is good, because this takes a lot of years to go through. But yeah, it's just a process we have to follow. And this is just for the A-triple-L part. I'll talk a little bit later about other sources of the sites. All right, so here's a map showing Hill Air Force Base and a lot of information. You'll see the green areas on here, and you'll see one through here in Layton. That is what we call legacy contaminants, so like those ornate insolvents or fuels that we've had and that we've been trying to clean up and working on for 30 plus years. You can see those plumeries in green that are in every city around the base. PFAS, shown in blue, and before I talk about that, we have each of these red areas. These are where we call, these are the AFFF release areas, so where firefighting foam was used or released or tested. Those are crash sites for airplanes, for example, hangars that we've had a release in, also fire training areas were required to every so often test our nozzles and the trucks and the buildings and those in the past. And then there's also a couple of stormwater ponds, one of them right here, that collected water from those areas. So it's the runoff from that, which is smaller. Each of these is a source area for this investigation. And you'll see two lines here for PFAS. One's the yellow dashed line. That's where we were the last time I came to greet you guys about a year and a half ago. We've done some step outs from there, so we've done some samples outside of that. And the blue area is our new area that we're defining. And it's important to note that this is dashed because we don't know, it's not an approximation, it's an estimation right now. As we put more wells in, we want to find that better. But right now, that's the picture that we have. So a lot of that, you know, industrial area, the base here, which is what caused these other contaminants, they also have, you know, hangers and different things. And then we have down here, all the way down to the Bayview Park, I think is right here, just to give you some reference, the Main Street and the rail. The blue is a lot bigger than the green. And it's not necessarily because, well, I guess I should say, that's because the chemical, PFAS chemicals, move easily with water. And so other contaminants like chlorinated solids and fuels tend to stick to soil, kind of run, so they don't travel as far. Where, if you think about this, they're very miscible in water. They don't easily move in water, and so they spread farther. And also, when you look at that four parts per trillion, what we're looking at, it doesn't take much spirit at all to get a detection at an above-average standard. And just as kind of a note on that, we have to be very careful even when we sample it, that the samplers haven't used products that have P plus in them, like sunscreen. you know a lot of other things if there's teflon inside the lid of the sample jar we also do that out of there and we do that all about precautions so that we don't influence the rules we did a lot of this positive so it'd be very careful just a quick question nothing wrong on there not that we are aware of from the air force We haven't, I think our last well was like far just to the side of this blue area. And I drew the line a little bit out. We've got one there and one down here. And then we have to kind of walk to this side. So if you go to the next slide, this is a zoom in of just the latent portion and a little bit of clear flow. So it gives you a little bit better reference. So again, this is based on so far what we found and the reason for this change. is not that it's moving necessarily, just that we stepped out farther and found it. So we don't know if it's moving or retracting the way contaminants do. We're just trying to figure out where it is right now and then we can learn more about that. So it's a large area.

Do you still have the samples going in some of the homes? For the indoor air program? Yeah.

Yes, we do. We don't test for this chemical, because we don't have a reason to. We don't think it's fallible. Right. But we do, yeah, for TC, they're doing the outdoor reach out for the people to join in to sample that.

We just did the door-to-door this week.

Yeah.

There's about 135 phones in the team. Right.

just to get people to sign up. Yeah, we have systems in place still. We're still sampling. We find that . The other thing I'll note is that maybe this one here, This is also a stormwater pond right at the end of the base, but it drains its water down here. I'm sure I have not even used my notes. So, any questions? Oh, sorry, I've got another slide.

Go ahead.

You can't have another slide. I've got a question.

You go ahead. Yeah, we're ready. Go ahead. Well, 100 years ago, they were drilling at Vegas. Not 100. I mean, it's been 20 years. I mean, I don't know. The green thing. That's where they're drilled.

Yeah, we put a system in here, an extraction system. And so what we do is we drill those wells. I don't remember how many there are. But that's called the 12DCA extraction system, which is the chemical that's out this far. We extract the water out from there to prevent it from moving any further. So that was part of the remedy for opportunity eight, which is part of that.

I just remember them doing that, and I thought, well, no, it hasn't moved.

It hasn't gone any farther.

No, no.

That's why this is now separated. We pumped water here to cut off anything from coming on the base. So you can see we've seen that is separated, which is good. But yeah, we do have a system here. And that system is going to pump PFAS as well. We're removing everything, but that system was designed for this. So this remedy, whatever we do, is going to be different.

I do have another question. Yeah. Okay, so we did have the core five homes up there that actually are still on walls. right right right along um yeah oh yes right um i can't remember the location of the wells that we tested and i know there was one way out of the gentile yeah those are the ones that i'm aware of but i don't know if they were using them for drinking themselves if they were using them for most of them were using livestock yeah Yeah, but I know you guys wanted to test them anyway. I'm not sure of those options.

Yeah, that study was, from what I understand, was performing for drinking water, and they were marking people, you know, different ones that had irrigation or other things. At the time, they didn't have the ability to go sample those for that. Because the main focus has been the drinking water standard, and are people being exposed to that? There's other questions. How is it for animals, vegetables, all of that stuff. Lots of studies still going on across the country. And we'll use that information as we get it to figure out if we have a risk or not. Any other questions? One more slide. So we are currently wrapping up what we call phase one of the RI. That's because we need more phases. And that's for the HR. We already know we have additional work to do to fill data gaps, which is to define the nature and extent where potentially people are being exposed to it. We need more investigation to do that. We also have what we call this due diligence project. In that circular process, it's back at the beginning called preliminary assessment. So we're looking at non-AFFF sources. metal plating, for example, or radar domes, or x-ray machines, or different things like that that we use on the base that would also cause PFAS contamination. So it's not just from the A-triplet. A-triplet's kind of like the biggest source, and that's why we went first with that. These other sources, we all have to look. We have to look at those two to wrap it in our investigation. And then we also have some A-triplet sites, like one out of the range, at least, in the attention of the donor, and they go with that as well. That preliminary assessment is where we do interviews and look at records to determine, did anybody use these products? Painting, for example. And if we say yes, then we mark that and say, okay, we need to go back and sample. That's the next phase. We come back and do the samples. Is it more of a positive? Is it there or not? It is. And then we move to the next phase, which we're in now, which is going to be the investigation. So it looks like, do we have a chance of seeing it there? Yes. We sampled, did we find it? Yes. So each of those is a step along the process. Part of that is to make sure that we're using money correctly to accomplish this. With background study, it's also coming to Hill to look at the levels in soil, groundwater, surface water, and sediment around the bay. We have a phase 1A, which is our next phase. Phase 2, because that's more of a risk assessment. Currently programmed for FY27, but always a caveat, depending on Air Force prioritization and funding availability, the Air Force has more requirements than we need funding for, typically. And so I think this year it's a third. We have funding for a third of what we actually require. And so the Air Force has to prioritize it. That priority is generally who's being exposed. If they're drinking the water, they're going to get it. So they go kind of wherever they do the most. So we'll just continue to be on the list. And yeah, next slide is contact information for me. My name, one of our, Kendall Johnson is our public affairs. And then we have our restoration advisory board, then community reps, city reps, and then the city office. I think that is a big question mark.

next so it's not it's not in the drinking water but it's in the ground and so general public like you show something like look at this what's going on yeah what's going on it's a lot of homes yeah so the water what's the what do you tell people um well we can tell people that some of

We don't use the shallow ground water. And it's also drinking water that lately just gets tested. I believe they did have a detection that we saw some of those on the ground. And it was really tiny, from what I recall. But yeah, so if they're not drinking the water, then they're not being exposed that way. People do ask, hey, do you want water in my garden? Do my pets use the water? Or my basement flooded and I'm weighted in the water. We just don't have risk numbers for that or regulations. And so right now, it's just focused on are you drinking the water or not. So we're still waiting to get more information about are there other kind of exposure routes like thermal exposure and other things that would be a risk, and we just don't know that yet. We just see some of the influence in the water. Yeah. And these regulations, there's some... The EPA is trying to rescind some of those NCLs, the current EPA, and leave two of them, which are the low ones forward, the PPO and PPOPs. The other ones they want to rescind, but so far that hasn't happened, so we're moving forward with these are the ones that are in place. I think they also want to extend the time period allowed for public water systems to comply. I think that will apply for that. So there's a lot of regulation stuff that's in flux also.

Any other questions?

No.

Thank you. All right. Thank you very much.

Appreciate your time and attention.

All right.

Thank you.

Appreciate doing this.

Thanks.

Thanks so much.

Thanks. OK. We have two more items on our agenda here. I do. OK, so this first one.

legislation, a ordinance was passed by the state legislature adopting changes to what they refer to as DADUs, which is detached ADUs. Our ordinance is mostly in compliance, but there are some things that we had to modify. There's a few things we had to remove, a few things we had to add, and then the ordinance before you was also a couple modifications that the city staff was requesting. So I'll just go through a couple of those. As far as what we're required to remove, we can no longer require specific building materials, colors, and architectural character match the primary dwelling of the home. We can't regulate window types or locations. And that was definitely one that we were doing a lot in relationship to saying if you're going to build an ADU and it's a specific distance from your neighbor property, you have to have transom windows or you have to have opaque windows. That only happened on a few ADUs, but we were using that standard. roof materials and a minimum roof pitch while we have that we don't really have to enforce that standard doors and entrance location requirements so basically we can't say where their front door is we definitely use that on the number of adus where Their ADU was in the side yard and they wanted their ADU to have a front door. Based on how they were designing it, we typically would require the door to be on the side so it didn't look like it was a duplex wall, but we no longer can require that. Things that we can add that we're required to add is, well, we're not required to add this, but just to be in compliance, is the acronym DADU, just to stay in the same language as the state. So we're adding that as a definition. And then outlining the process for converting an existing accessory structure to an ADU. The state wanted to make it very clear that that was an allowance. We've always had that as an allowance, as long as it met the ADU setbacks, right? So if you have an accessory structure and you want to convert it, you need the setbacks and all the standards, the height requirements, then you can do that. But we're just adding a standard in there to make sure it's clear that we're complying with state code. And then there's a table. This is the table that's in there right now. I know it's red and it's kind of small text, but there's just a lot of information in there. One of the bits that even staff has found is it was a little difficult to pull the information out of the table that we needed. And so what we've done is, one, we removed some of the regulations that the state has said we can't have in there. simplified the table to this to allow to be a little bit more much well this is in your back as well so if you want to see a better version of that this was the planning commission they recommended approval staff supports the recommendation i have to answer any questions you have

I have a question regarding just the number. How many have we made use of?

You know what, I'll look it up and I'll give you a number in the regular meeting. It definitely went up when the state, there was nothing that we changed. We modify our ordinance a little bit, but it wasn't us changing it because we were allowing you to use it in a lot of scenarios. But when the state started making changes, we started seeing this fight. But I'll get the number for you. Do you have more than one? You only have one you can use on your property.

Regardless of how big the property is?

Yeah, and it's designed that you're pulling your utilities from your home. It's intended to function as an extension of your home, right? So you live there, and you don't want the ADU. You sell it. Someone can use it as an ADU. They sell it, and it can convert back to a single family home. But it's not its own separate lawn all the time. That's how the homeowner wants to operate it.

Do you guys have any questions?

This is a rezone that is located at 1242 East Fessington Drive. This is an assisted living facility. It's located in the R16 zone, which you can see it's surrounded by R16. And it's also got a smaller section that's RS.

And that's the caseload? Yep, that's right.

This is the caseload. So the purpose of the, and I'll show you, so there's a zoom again. So the purpose, the facility was originally approved as a conditional use in 2009 as a residential facility for elderly and handicapped persons. And then in 2011, staff identified that, hey, there's inconsistencies with federal housing. We update this. And so we updated our criteria. And as a part of that update, the terminology changed to residential facility for persons with disability. And the city looked at it and said, these should really be broken out. There's an intensive use and less intensive use. And so we created a small and a large facility. The small facility is 12 or fewer residents in the facility, and a large is 13 or more. With the intent that those 13 or more facilities are located in multi-family or multi-family zones, in mixed use zones, basically along our major corridors that can have a little bit more intensive use. And then to allow the smaller facilities to function in neighborhoods such as this. So in 2014, the previous owner, not the owner that owns the property now, but the previous owner had purchased some property from Kaysville and went through the process to have that property de-annexed for Kaysville and annexed into Lincoln City so that they could go through the process to gain units. Now the ordinance was already established that They couldn't have any more than they already had, and so it was done through a development agreement. So that's typically in our standard process. We don't usually modify our standards through a development agreement. Can't speak to the reasoning of that, of why that occurred, but it did. So basically, the development agreement went through. They requested that they have 36 total units. That's 21 original units and 15 new units. When they went through the process, it was identified upon completion and inspection that 17 units were added instead of 15. So they had a total of 38 units. So a development agreement came back and re-amended it to reflect the number of units they had. That, and just for clarification on the allowance of that, it was determined, the staff looked at it, that they didn't increase the footprint, they just modified the inside of what they were already approved to do, and that got them the extra couple of units. And so they did have to manage additional parking, but they were able to navigate that, and that was approved. The applicant now is requesting an R2 zoning district, and the reason is that because as they've met with staff, we've identified that this facility really is identified as a large facility, and it doesn't meet the zoning criteria of the R16 zone. And so they think we need to comply with a larger, more intense zone, which is the R2 zone. So part of their request is to, one, go through that process. And then, two, I'll show you what they're intending to do. So their intention is to take on portions of these backyards. This is a parking lot here. And then that area here, they've got like a shed or some kind of structure here. And they would fill that in with units. Their intention is to add 10 more units. Now, as you can see, this site's pretty tight. There's a lot of hard surfaces on this site. They'll definitely have to contend with stormwater runoff. My understanding is that there is some detention that's here that they'll have to deal with, and that's a significant impact if they're going to do underground detention through here, especially if you're putting parking on it. And there's also a fire... fire access you have to get a fire turnaround in here now these are not things that we typically look at at a rezone stage however we've identified that not only is it it doesn't meet the general plan which we'll talk about in just a second but it also has some logistical complexities to it that may not even may not even function. They may not even be able to get to work, even if it was able to go through a rezoning. So as far as the general plan goes, the property is general plan for community residential. And this is intended to be a traditionally single family, low density for neighborhoods. When we look at the general plan, and i should have included a snapshot of the general product i'll show you the zoning there's several assessments that we make when we look at the general plans and either general plan amendments or if it's compliant with the general plan and we do look at the surrounding neighborhood and in this scenario putting a larger facility into a single-family residential neighborhood just continues to add more impacts to the residential neighborhood and so the concern is is not that they're not good partners we think this is these types of facilities are great in single-family neighborhoods but that increasing the zone to an r2 and increasing to more units will just continue the the larger facility when it's already not meeting the zone or the general plan criteria

Well, yeah, what questions do you have?

I was just, first off, I was wondering if it would be prudent to move to a new resort that can't even be done. That's a good question.

Also, I think you've had, in the past, when Chad was here, we had some, there was some people that were complaining, residents about a home that was in their neighborhood, and

I think it was the Planning Commission, I can't remember, but this place was receiving federal funds, and it was like, we can do this. There's a federal government that says, no, they can do this. Is that a similar situation here? It's not.

No. Okay. I mean, if we were just to outright deny it, there's another conversation, but we do have allowances for these steps and uses. They just have to follow specific guidelines and parameters.

You know, I recall before when this came up, there was a lot of complaints about the staff parking on the streets and that they needed to kind of mitigate that. Has that happened? because i if they're adding more more units i mean obviously they're thinking more pictures do they do they get any visitors i guess the other question too is good question um they're they have stated that they would actually have more parking than they have now and so it would help facilitate some of those concerns

But you're also increasing that. You're increasing. Yeah. You're increasing. And that's always a concern. And that's one of our concerns that we look at is that ebb and flow traffic in a single family residential neighborhood. If we had access to an arterial road that this was on, I think this would be less of a concern because they're accessing that way. But to get there, you're winding through a single family residential neighborhood.

Do you have any data on the emergencies you also have to visit this site?

I do not. I don't know if that's something that our fire department maintains or the police maintain. I'm not aware.

adding 10.

And they have 38. 38 right now. What was the original? You said there's a third course they made for expansion?

Well, this would be the second. So the original construction, although they asked for 15 and ended up getting two extra on top of that. Yeah. I remember the dumpster was another big issue.

It's part of being able to have the garbage trucks come in and get them back out. And it's a tight site to enter. Yeah, it really is. I've been down there.

Again, just from staff's perspective, these are great uses, and we love them in some of the neighborhoods. I think they function really well. The applicant in the Planning Commission talked about the good partner they are with the community, and we don't have that. It's more of a function of the scale of the use than anything else.

And it's in compliance with general planning. So why are you looking at the sun and the moon without looking at your planet? And then the genocline first, but the genocline and the sun are the same.

Like, why are they not requesting a general plan amendment? Mostly because staff has let them know that we would be recommending a denial of the result. If it's council's decision and recommendation that there needs to be further looking at that and a decision to say that staff needs to review that, we would come back again with a general plan amendment.

So if we approve this

it's going against the general plan yeah if you were if you were in a place where you felt like we needed to approve this what i would recommend is that you would ask us to take this back and go for a general plan amendment and the rezone and a modification of the development agreement and that's that's the other part to this is regardless of this rezone they have a development agreement that ties them to a specific number and so that would also have to be modified

Now, this facility, and I don't, there's some assisted living. Yes. So how many of the parking spots are in the cabin?

Is there a requirement? Yeah, there is a requirement. ADA requires, it's based on the facility size, and I couldn't tell you off the top of my head, but it's in our parking code, and we manage that.

We make sure that if I'm looking at parking, there's not a lot of parking. I mean, there's maybe eight or nine here. They do some parking here. And a little bit there. That's right.

Yeah. Correct.

Well, no, I get that. But then you talked about...

fire being able to, they've got to turn their engine around?

Yeah, they've got to have some kind of fire turn around. And I don't see a fire turn. Do you? No. And that's, again, one of our concerns. You're right. Yeah.

Let's assume that they approve this and the fire turn and all that stuff and this conceptual idea that they have just doesn't work. What are the potential consequences of that if What can this look like? It's not that, it doesn't work. I guess what are we opening it up to looking like?

Yeah, that's a good question. Without putting specific standards within the development agreement to limit it any further, you're allowing it to any development that can occur within R2, which is multifamily. Although it's not high density multifamily, it is a multifamily product. Now, you know, in all honesty, converting this type of unit to a multifamily would be difficult. Oh, yeah. A traditional multifamily, right? But it is also set up to have bedrooms and rooms and, you know, people can get created. So it would have multifamilies on it.

The Planning Commission recommended denial. The staff recommends denial. Correct. The Planning Commission, what does that mean?

Is it... So it was a good meeting. We did have one commissioner that during the work session, my opinion felt like she was in the understanding and felt like the denials, the appropriate response. And again, this is my assumption of her questions and thoughts. But then in a regular meeting, she stated that she felt like her questions were answered and One of the things that the applicant mentioned is that they have solved the fire access and the issues with the site, and that they're not concerned about that. And that seemed to resolve her concern. The Planning Commission did not have the site plan at that time. This was provided to us this week by the applicant. So we just want to make sure that you guys have access to see that as well. So her statement is recommending not to deny it. she stated that her concerns were met later what else did recommend did not happen let's assume that we approve and it's out to so from what i

gathering community is that we are moving in that direction of all that this gets to and we have another meeting where they have a general plan amendment development agreement amendment and reason that's right um because it's not just going to be a whole family zone and run on there with a development agreement that has nothing to do with multi-family housing all right I'm in this area, this is my area of practice when I was an actual lawyer, not a big one like I am now. But these facilities are very difficult to manage, really difficult to manage financially. successful so i i understand the desire to expand and honestly there's a need for these types of buildings and there's a lack of options for people who are in need of assisted living and assisted care and there's just not enough of this so i hear all the time development about we need more housing for these people, but very few times do we ever hear anyone say that those people who are going to be in the system will need some of the memories that we need to. So I understand the concept, and I understand why they're wanting to do it this way, because they already have the existing space. I'm guessing that the line that they got from Kaysville was, from where the boundary was, they just descended it out. I'm guessing. Yeah. That's what they purchased. It's this facility here. Yeah. And so they already have that other portion. They own it. So, correct, they own in the red. That's right. No, they don't own in the red. They don't own in the red.

This section here is what they want to purchase. So they're going to purchase that. Oh, yeah. I thought they owned it. Okay, so it's part of that. Yeah, that fence, that white line is their fence right now.

And that's why you mentioned the backyard. That's right. Because they're not currently there. Correct. Okay.

And it's not an issue of having to get in and get out. That's a business as well. It's a business. It's just doing one way in.

I guess I'm not trying to I'm talking about business. I'm not going to argue for them, but isn't that what we would want in a residential area we want don't want a lot of big footprint if it's this facility in the middle of the neighborhood right you kind of want a small entrance that's not rhetorical i'm asking no it's a good question i mean it's a little bit of double-edged sword yes and no when you go too small it does create some pinch points and i think that fire access is going to be difficult

I'll also just add that this is a non-conforming structure at this point. So we have new setbacks for community uses, which is identified here, that they are required to have a 40-foot front yard and a 20-foot side yard. So they're no longer in compliance. They're right up to the edge of all their requirements. Potential boundary lines. I have a question.

This is not related to that, but the white building there in the south, what property is that attached to?

That is a basketball court.

Oh, it's a basketball court.

And it's attached to this property. It is on a separate parcel, which sometimes we see that. I don't know the history of that, but it is a basketball court.

All right. The reason I brought up the emergency care, I helped manage a facility in March twice. The number of what was proposed, it will be twice in South Salt Lake City Fire Department called out. almost every day so my concern is about one getting emergency personnel in there and then the other concern that it doesn't comply with the general plan um i agree exactly these facilities are the new uh the r1 and the r2 but correct me if i'm wrong if we approve the zoning to the r2 that zoning is what sticks even though it still has to come back i just i think we're Let's change the general plan if we want that first, and then rezone it. I think we're just kind of going backwards in this. And that was the consensus from a lot of the planning commissioners, too. And you have a picture here, which is satellite, I guess. Yes. But the entranceway, do they park on the entrance? No one's allowed to park here. No one's allowed to park here. Because when they talked about parking, then they're talking about actually on the street. Yeah.

Yeah, no, I get it.

I just wondered if...

But that was a complaint on the law. Was it 2014? Yeah, 2014. Yeah.

Yeah. Now, this additional area where they're going to park? Yes, here.

They don't own it.

That's right.

Now, the application has included those property owners, and those property owners have signed an application. Oh, okay. So it's not just a wish. This is something that they thought through.

So Mike's comment, it seems like the staff's been forced to go move. to move backwards?

I mean, it's been our recommendation that we would not want to do a general plan amendment, that we would want to deny the rezone, and that it isn't compliant with the general plan. So, to that extent, yes.

Yeah, I think, frankly, this was an opportunity. The staff has consistently taken the position that they don't support this. Everybody else, it's your final decision. But rather than bringing in All the individual parts in one time. This was a way to get this issue in its locality in front of the council. And that would give some direction to the staff, but it would also give some direction, signal to the applicant, as opposed to having them apply for general plan amendments and all the other things, you know, and end up with the same result. Does that make sense? Sorry? The other thing from the staff perspective is, it happens on the same owner every time, but recently when we originally built it, it was a development agreement, which is, you know, it's an agreement that says, this is what we're going to build, period. We come back subsequent, despite the development agreement, or the original agreement, and said, well, now we want to expand again. And so we accommodated that. And now they're doing that again. So my concern is, I won't say ours, but my concern is, it's a good use. We talked to the fire department. There's that curiosity, there's that thing about these folks who like to call their care, from a fire safety perspective, they do. So they're not, they're a good business. Now they're a good business. So one of the things I worry about is that if they continue to succeed in this area, Their next request is going to be to buy one of the existing single-family residential homes and expand the parking because they're taking backyards. It seems like a pretty significant threshold to buy the backyards of adjacent residential properties to accommodate their parking. The next one is to take a lot. If they want to expand again, we said twice before, I do business with people, honestly, we're content with what we have. So I think getting at a breaking point, we need to decide whether we're willing to let this thing expand pretty significantly or say, yeah, you have a great facility here. If you want to expand it, look at a different site or put another site, a facility on the other side. There's plenty of zones in the city, locations that accommodate this, but pretty soon the encroachment of the neighborhood is going to be really significant. Does that make sense? I haven't said that very well, but...

And then to just add to that, if it were to be rezoned, they would then be legally classified as a large facility, and if they wanted to request that expansion, we would be talking about, you know, it would have gone through the general plan, it would have gone through the rezone, they have those in place, and now we're just talking about rezoning that single home. So it just, it keeps moving it down that threshold further.

Which sets precedence for everywhere else throughout the city. Yeah, that's right. Do you guys have any more questions or you want to take a good break?

I don't have any questions.

Because it was a question in here, I'm gonna ask our legal advisor.

Since it's not an agenda item, are we okay?

It's just going to be information on no deliberation. Okay.

So as far as PRD ordinance, we're actually working on it. Brad was heading that up, and he's gotten pretty far along with it. There's a number of components that I need to touch up, but I'm just backlogged at this point just because of the work we're out of staffing. So it's pretty darn close. So we should see that shortly.

All right.

I'll see if I can remember all the things that are going on. That's why I just kind of sit ahead and throw them back.

Yeah, I think we can reach a pretty good thing. I'm going to just go to Google Maps real quick so that we can hopefully... So, let's see here. 490 West Hillfield 1, I believe this is the one that you had a question on there, Mike. That one is right here. The sewer repair is complete on that one. We're just in the documentation cleanup phase on that. That was a very successful repair. The project, both the property owners on this private drive actually opted to, after we were done with our trench in there, the amount left over of the driveway that they would have to pay for to have their whole driveway redone was very minimal to them, so they actually paid the city the difference, and we've got very good driveways out of that. So I'm happy with that. It solved the long-term problem that we have with that sewer line. So we did a successful project there. There's another one on 2550 North Church Street. So there's a storm drain project on this corner home here. That one is also complete. Contractor did a really good job on that one. There's some pretty decent impacts to that home as far as access and they were able to very well so that one also we're just doing the documentation pulls out based on that um

This is an older image.

If I zoomed right there, you can see this road. That road is now complete as well. The development built the road and then we actually finished the sidewalk and widened the section of the road out. We had to work with the Air Force base actually to get it easier to place our sidewalk on the outside of the fence. We found out that there was a few feet of federal property that they actually owned. Yeah, it took a long time, but they were good partners. They were good partners with us, but it was... Yeah. But we're excited for that one because now we got to continue to sidewalk all the way up here to Fort Lane. And now we have a second access to Legacy, our leadership learning academy as well, which has helped to track it immensely along. That's amazing. 675. So I'll jump to, let's jump to West Hillville and 3200 West. So we had our final walkthrough. on West Hillfield and if you recall we improved sidewalks all the way from Gordon Avenue down to West Hillfield and then widened out West Hillfield all the way along this section and then we've also now completed all the improvements on West Hillfield up to this point. So just a final walkthrough on that last week. So a bunch of the items that they are taking care of on that. And then Clint and I are working with the home final property owner to pick out the property acquisition. We had the right of entry to work down, and now we just have to finalize the property acquisition. So can't give you a timeline on that one. I don't think Clint can give you a timeline either, but the road's in and it's functioning.

The work was really good. RGT did a great job.

And the 1300 West, the sidewalk with the fence, all the things that we talked about, trying to envision how's that going to look, and there were questions here about the elevations and all. It just looks like it's always been there. It's just great, great job.

Great job.

Did he check back with Stanford? Did he meet his expectations?

I haven't heard from him. This might be different than mine.

Doug, our inspector, did a great job working with him. Yeah, Doug does a great job. There's the... Sorry, I lost memory. There you are. No, you're okay. The Latona Storm Range Project, I don't know, Mike, if this is on your list, but last year we approved the Latona Storm Range Project. It was to improve all the storm range in this area.

There was? There were, maybe.

We did run into some issues when we got out here. There was some rockin' up power lines that were in the way of most of our storm drain boxes and crossings and things that we needed to have moved. And so they ended up coming in over the winter and taking a big chunk of that and moving it for us. And then we finished up the storm drain work. And so that one, again, they've got a final punch list that they're working through. And then the East Gentile project, Sorry. So it's an essential project. They started on the sewer. We're working on the storm drain right now. The road is open for the golf course to get through here. Yeah, it's a little bit of a mess right now, but we're moving. We're hopefully going to get things done. The goal is to have it paved this year, but if water catches us, we'll certainly have it paved all the way to the corner here for all the residences for sure to have it.

They were working up there and it was, it's interesting that that wasn't that long ago that we approved that. So when I was going up there and then it's going fast. Going against the clock of the weather, I'm sure.

Yeah. Yeah. So we're working on that one. The Church Street secondary line, I think we got to highlight that one real quick as well. So as part of our massive secondary trunk plant project, you guys are sitting here with me about that one. We're actually going to bring the bid for the tunneling project to you that we've spoken about next council for the approval, but we improved the secondary line, installed the secondary line from roughly at the reservoir up here all the way down to Wharton Avenue. That's tied in now. The vault that sits in our property right here is the last item on that project to finish up, so we're working on that. and we anticipate that will be done by the middle of October with everything and then we'll be finished with the grant money that we received on that one from Ndodea and Newton Basin and then just as an update Sorry, I've got to find my spot here. Our contractor is working on the erosion that I believe everyone was made aware of when we were talking about this development. Our contractor has... just an update we were based and bought all of this property and so they have granted us access to get in here finally and our contractor has cleared a path down to the trail all the way down to the reservoir we're installing we're cleaning up all of the debris and all the erosion and then we're installing a pipe from the storm drain and here all the way down to the reservoir with an energy dissipation box so that there won't be any more problems with it in that area that we'll restore it back to You could wrap the things in the bottom and then have it. and accessible for people to walk down the trail that Joel and the Parks Department maintains. And then working with UberBase and also to see if they'll allow us to allow access out of the bog here. Not a permanent trail of any kind right now, but since we've just cleared a path through here, we're hoping to let us be accessible for people to get out of here without the end of it having to trespass on people's property. A permanent trail would be in the future in the works. Once people base themselves with their property in there. They have a large stock without the project. Is there any other projects? That would be a big bonus right there. yeah it would not be an easy way out but when we're done building the access that we needed to get down in there i think it would be a manageable trail for most people to get out of is there any other projects that you guys are thinking of that i missed We are finishing up, just real quick, our street maintenance project is underway. They're working in different areas, 150 West, just sort of west of where shops and areas are being paid this last week. So we're just raising about $100,000. They're working on Derby Drive right here. This whole area is being reconstructed. That's a really fun project with all the water that's in that hillside and things. working on that we got a couple others we're trying to get done before the weather hits us and then we'll carry on in the spring and then our nursery seal project and our projects will start in early october what about 2200 covering the ditch uh still working on design on that yeah i mean yeah look they're working on it yeah you know Yeah, we're still trying to get that design finalized. We've got some other projects that we've got. Yeah, that one I anticipate. We're hoping to have it designed and ready to get out in the spring. We're trying to get it done. Our anticipation is to improve the east side of 2200 all the way up with sidewalk curb gutters so that we can have a safe walking route.

I have one question. Right on that corner, I don't know what used to be there, but there's enough cement there to see a battleship. It was an old silage pit. What?

I can tell you it was an old silage pit.

Was that what it was?

Yeah, and then they ended up putting it up.

No, there's nothing on top. No, there was. Okay. All I know is years ago we were looking at it for something, and when we saw this, then it was like, nah, you're going to spend half a year getting it out of there.

Yeah, one of the challenges on this one is we're going to need to go talk to the, not because it's the LDS Church, but we are going to have to go acquire some property in front of the LDS Church here to be able to close that ditch. So there is a few things there that we need to work with Clint and his team on.

Well, they've got a row of trees there, but Are you guys going elsewhere?

Mayor, I do have updated ADE numbers for you if you want to bring that up. So we have, we've been tracking this since 2019. We have 102. 2026 is 15 units so far. The most we had was in 2025, we had 27. Now, there's two ways we're generally getting these coming in. People are just building them and we're getting the building permit. And other times we'll get one where they're just popping a door into a basement, and we see the basement plans, and it clearly has a kitchen, and we're like, how are you using this as an ADU? They're already doing it, so we get them permitted and making sure that it's recorded. So some of this is a little bit of backlog for how people are already doing it, but needless to say, 102 is what we have right now.

That's good. It shows we've been supporting that bill. Yeah. Okay. Any other updates you guys need right now? Great.

Good info. Okay.

If we don't have anything else that legally we can talk in here, then I'll look for a motion to adjourn.

Let's make a motion to adjourn. I think a motion.

I think I can do it. That's okay.

I'll second it. Whoever you put down, it doesn't matter to me.

The only reason I ask is if you do, enough of you do, we need to know this is a public meeting.

I was in a truck.

schedule.

City Council meeting this evening for September 7th. Our start time is 7 p.m. I love the vibe in the room. We've got a full, most of our chairs are filled and it's fun and exciting to see everyone here and in doing so I also need to acknowledge the fact that Council Member Bettina Smith-Edmondson is asked to be excused tonight and for the right reason. She's been uh... acknowledged as one of the women to know in utah and so tonight's kind of an honorary for that so uh... i want to excuse her so as customary we always like to start our meetings with a prayer and a pledge and we take turns up here on the dais and so i'm going to turn the time over to council member um... colindianos to go ahead and uh... COMMENCE THOSE CEREMONIES.

THANK YOU, MADAM MAYOR. I'VE INVITED JASON WILDE, EXECUTIVE DIRECTOR FROM OPEN DOORS TO PROVIDE OUR PRAYER THIS MORNING. I'VE ALSO INVITED ALEX DOYLE FROM LAYTON HIGH SCHOOL TO LEAD US IN THE PLEDGE OF ALLEGIANCE. SO I'M GOING TO TURN THE TIME OVER TO JASON. THANK YOU.

Our dear Eternal Father in Heaven, we are grateful to live in such a beautiful place. We're grateful for the freedoms that we enjoy from this country and for the good community in which we live. We're grateful for these elected officials before us for the time that they spend trying to help us have a peaceful and prosperous community. We pray that They will have strength and wisdom beyond their own as they try to lead out. We're grateful also for our law enforcement personnel, and we pray for their safety as they act in their duties. And we pray for our military men and women also. May thy grace attend us always. May we strive to be good neighbors and good citizens. And we give thee thanks again for thy goodness in our lives. And we say this in the name of Jesus Christ. Amen. Amen. Please join me in the Pledge of Allegiance. Ready? Begin.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

under God, indivisible, with liberty and justice for all. Thank you.

Okay, thank you both for participating in that ceremony. It's always wonderful to have members of our community help out. Okay, council, we do have four sets of minutes that need to be approved here, so I'll turn the time over to you to take action on those.

Madam Mayor, I move that we approve the minutes of Latent City Council work meeting June 4th, 2026. The minutes of Latent City Council meeting June 4th, 2026. Minutes of Latent City Council work meeting on August 6th, 2026. And the minutes of the Latent City Council work meeting August 20th, 2026.

Okay, do I have a second? Okay, it's been moved and seconded that we adopt the minutes as written. All in favor, please say aye.

Aye.

Any opposed? Okay, thank you very much. Okay, we'll move on to our municipal announcements. So I'll turn the time over to council to make those announcements that they're aware of. Thriller.

There's the thriller.

Mike.

Sorry. Announcements. Thriller is happening at the amphitheater in October. We also have the Halloween bash that's coming up. It'll be out here in the park. And I don't know what date it is. I should know.

It's that last Friday.

But I don't. So I'm not going to tell you. It's in October sometime. Anyway, or no, the, yeah, the Halloween bash is?

The 30th, probably.

On the 30th? No, you're just guessing.

No.

Oh, okay. Okay. Sorry. I usually have the recreation people here to tell me what to do, but they're not here today, so.

And then there's also the readings of... by the Davis Arts Council, the Walk in the Park, what's it called? Whispers in the Night, or Whispers in the Dark. In other words, there's a few activities going on, so make sure you look at the Latent City Calendar or the Davis Arts Council. Okay, all right, very good. Okay, anyone else have any announcements? Okay, if not, I just want to take a moment to basically thank all those residents who, over this entire summer, who have been willing to participate in the My Hometown Project. We've had several different projects we've been able to accomplish, and this is physical projects, so a lot of manual labor, a lot of muscle. And they just had their last service project this past Saturday, and I just appreciate everyone who came out for that. They had a lot of good help. And then going forward, as part of my hometown, for those of you that don't know, my hometown is about neighbors helping neighbors. So the more folks we can get involved, the more folks we can hopefully help who are part of our community. Besides these physical projects, we do have resource centers that they're standing up. We have one of them over just off of... Fairfield and Gordon in a LDS chapel in the back there. And then they're standing up their second one that's going to be on the west side on Park Street. So that's good that we're making progress in just a short amount of time. But in addition to that, if there's any volunteers who would like to help in the schools, because we have reached out, this group has reached out, and there's a desperate need to help children read. and this particular group is also standing that up in the schools and they started it last year and they had the school has come back and said what a value that has been and really would like to see more and more volunteers come in. So you're only volunteering maybe two hours a week. In fact, Council Member Thomas, I think volunteers, correct?

Yeah, it's a couple hours. Usually get about three classes in. I've got a third, fourth, and sixth grade. And reading's kind of fun. I'm finding there's a few words that they know that I don't. And that, but it's, yeah, it's only a couple hours. You do it once a week. And you can pretty well determine what elementary you want to go to, to a point. And that, but anyway, it was, it's fun.

Yeah, it's well worth it. And like I said, it's surprising the demand that is out there now. So, I mean, again, this is what builds a community. This is, like I said, neighbors helping neighbors because you're volunteering in those schools that are, you know, probably close to you as well. But if you want to volunteer, go on to the My Hometown Layton, their website, and there will be a spot there that you can kind of let them know what you want to do. So, yeah. ANYWAY, WE'LL NOW GO AHEAD AND GO ON TO A FUN PART OF THE COUNCIL AND MYSELF, WHAT WE GET TO DO, AND THAT IS VERBAL PETITION AND PRESENTATIONS. AND TONIGHT, WE HAVE THE OPPORTUNITY TO ACKNOWLEDGE OUR LAYTON YOUTH COUNCIL SWEARING IN. TYPICALLY WE'D HAVE A YOUTH COUNCIL UP HERE TONIGHT WITH US, BUT KNOWING THAT TONIGHT'S THEIR NIGHT AND WE NEED TO ACKNOWLEDGE THEM, I'M GOING TO ASK THAT THEIR ADVISOR, SERENA, COME UP, IF YOU WOULDN'T MIND. give a little, you know, let people know what these kids do and what this program is all about, if you wouldn't mind. Thank you, Mayor.

My name is Serena Henniger, Mayor Petro and City Council. It is my privilege tonight to recognize a group of remarkable young individuals who truly represent the future of our community, the Layton City Youth Council. This civic group is composed of some of the best among Layton's youth, dedicated to service, leadership, and learning about government. Over the past year, the Youth Council has been incredibly active and productive. Their commitment to improving our community is evident in their impressive track record of service. They have selflessly dedicated their time and energy to a variety of causes, participating in no fewer than 15 service projects over the past year. Through these projects, they have collectively donated an astounding 635 service hours to our city in the past year. These hours represent tangible contributions to the well-being of our neighbors and the vibrancy of our shared spaces. Because leadership is not something we are born with, the Layton City Youth Council members are constantly working to develop leadership skills within themselves such as patience, presence, and example. at the Utah Youth Council Leadership Convention that we attended this spring, the Youth Council members admired a statement on the back of another Youth Council sweatshirt that read, Leadership is not a position, it is an action. The Layton City Youth Council members are not building leadership with power but with action. I've witnessed them building leadership in small and quiet ways by including the one alone, treating people kindly, showing up even when they don't feel like it or it's too early in the morning, and bringing positive energy and encouragement to a room. Our new budget was discussed briefly at our first meeting a couple weeks ago. Understanding that we wouldn't have enough money to attend the Utah Youth Council Leadership Convention this coming year, the Youth Council members decided to do one of their own that we could afford. I wish to thank Lauren and Debbie Nelson for their generous donation of a one-night stay in two condos at Moose Hollow in Eden, Utah for the leadership training that the Youth Council has planned for November 6th and 7th. Also, I humbly want to take this moment to announce that we will be attending the Utah Youth Council Leadership Convention this year, thanks to a $2,500 donation from Samuel and Mackenzie Tholen and Mike and Natalie Tholen, who are members of our community that didn't want to see these youth miss out on a leadership development opportunity. Furthermore, this group is committed to civic education. They gather faithfully twice a month to engage in meaningful discussions and learn about the workings of both local and state government. This commitment ensures that their passion for service is matched by an understanding of how to affect positive change through civic engagement. These young leaders bring enthusiasm, fresh ideas, and a genuine desire to serve. They are a shining example of youth leadership, and Layton City is fortunate to have such engaged and caring young citizens. It is my honor to present the newly selected members and reappointed members of the Layton City Youth Council for the 2026-2027 term, and I ask them to come forward now to take the oath of office. Thank you.

Okay. If you kids could, you're also going to do the certificates, right?

We'll do it downstairs.

Oh, you'll do that separately? Oh, okay. All right. Well, then, if you guys wouldn't mind, if you could come up, and if you want to go ahead and form a half circle here in front of us, that would be awesome.

Okay, please raise your right hand and repeat after me. I state your name.

I state your name.

Do solemnly swear. Do solemnly swear. Or affirm. Or affirm. That I will support, obey, and defend.

That I will support, obey, and defend.

The Constitution of the United States.

The Constitution of the United States.

And the Constitution of the State of Utah.

and the Constitution of the state of Utah.

And that I will discharge the duties.

And that I will discharge the duties.

Of my office with fidelity. Of my office with fidelity. Congratulations. OK, you guys.

OK, I don't want them to move. I want you guys all to stay there. And I would like to ask the council, if they could, to please stand. Because it's not often we get to have our picture taken with the youth all together. We've been on it individually, but I know that they have a photographer here tonight. And if we could, I'd like to see the advisors come into the photo as well, because this really shows a remarkable team that you have and the accomplishments that you guys have been able to do. So let's do that and take a quick photo. Okay, looks like we got it. Thank you, thank you, thank you. And before you guys leave, I'm sure the council would like to take a moment and give their thoughts and thanks and gratitude as well. So council, I'll turn the time over to you to go ahead and say what you'd like as well for these fine young youth in our city.

I'd just like to say thanks. It was my birthday last week and I got a card from all of them. That's the first card I've ever gotten in 53 years. I got one when I was 23, so you figure it out. But the one thing that I've noticed with the groups that I've seen is I have a little more feeling that things are gonna be okay. There were times when I looked at the youth and thought, well, that's probably what they thought when I was a youth. Same thing. These people are going to take over later. But I'm impressed with you. I don't want to call you kids, but I don't know what else to say. But I'm impressed. I see you at different things, and you're not... I hate using the word impressive, but you are. So feel good about what you're doing. Continue it. One day you'll be sitting where I'm sitting or where the mayor's sitting or where Alex is sitting, and you'll be running things that you never thought you would, and I think you're going to do a good job of it. Thanks.

Okay, thank you. Anyone else? Thank you, Mayor. Council Member Morris.

I think each time we do this, one of us mentions that the oath that you just took is the same oath that we all took and have taken a few times. And to uphold, honor, and defend the Constitution of the United States and the Constitution of the state of Utah, today is Constitution Day for the US Constitution signed 239 years ago. And that's now on your shoulders to defend that and uphold that. And the other point in the oath was to discharge your duties with fidelity. I looked up the definition. I think we all kind of know what fidelity might mean, but it says the quality of being faithful, loyal, or exact. And I think that represents each one of you on the council. As Councilmember Thomas mentions, the future, it is in good hands. You're here, you'll be in these spots, as he mentioned as well. You have spent your time serving others. Time goes by so fast. Ask your mom and dad, ask your grandma and grandpa, probably faster for them. It goes by so fast. And there's only so many things you can do, and your schedules are so busy, but you've decided, as part of your schedule, as part of your teenage years, when you could be doing other things, playing, entertainment, all of that, you've chosen to serve. That's why you're on the council. That's why the future's bright. Keep choosing to serve, and your life will go so much better. So thank you. Congratulations.

Okay. Anyone else? Okay.

I just took that oath that you just took for the first time this past January, and you guys did a lot better job than I did. You guys are well on your way. Just keep doing the work, and The more I've interacted with youth council just in the past, what, nine months now, the more impressed I am with you guys, with you kids. So you're still kids to me. But just keep working. And I want to thank Alex for leading us in the Pledge of Allegiance.

COUNCILMEMBER BLOCKSON. THANK YOU, MADAM MAYOR. YEAH, I AGREE WITH EVERYTHING THAT'S BEEN SAID FROM MY FELLOW COUNCILMEMBERS AND THE MAYOR. WHEN WE SEE LAYTON CITY YOUTH COUNCIL, THAT'S JUST A NAME, RIGHT? BUT IT HAS TO BE FILLED WITH PEOPLE, NOT JUST THE MEMBERS OF THE COUNCIL, BUT THE ADVISORS, AND IT GETS YOU SPENDING YOUR TIME DOING A WHOLE LOT OF DIFFERENT THINGS, AND THE FACT THAT ALL THOSE HUNDREDS OF HOURS OF SERVICE TO THE COMMUNITY, YOU REALLY ARE JUST AN EXTENSION OF US AS COUNCILMEMBERS, SO WE REALLY APPRECIATE YOUR SERVING AND and thinking of others and being a part of the community instead of, there's lots of people who are seeking interactions and personal interactions with people in this world we live in where people just sit in their home or sit behind a computer screen or their phone or whatever. Thank you for getting out and about and getting in the community because like the other members of the council said, that's what makes our city great.

I DON'T WANT TO REITERATE WHAT'S BEEN SAID HERE, BUT AT THE SAME TIME, I'M SO PROUD OF THIS YOUTH COUNCIL AND ALL THAT YOU GUYS HAVE ACCOMPLISHED AND THE FACT THAT IN A SHORT TIME YOU'VE GROWN THIS COUNCIL TO A FULL SQUAD NOW OF 20 MEMBERS. And I have to thank both the current and the past advisors as well for their contribution in helping this program grow. And again, you guys, you knock it out of the park no matter what you're doing. I've been out there with you on a few of those occasions on, you know, whether it's sorting through coats or serving hot chocolate or loading kids in the train or I've seen you on the service projects as well. You guys are, you're our future and we're so proud of you. And I think with that, I think the parents in the audience, you need to be proud of your student as well because, again, these kids are the example. So with that, I want to give them all one more round of applause and let them know that they do not have to stay through the meeting, that you can go ahead and proceed with your celebration.

So please join me.

Okay, thank you. We'll just give them a minute to depart and then we'll carry on with our meeting.

Anything?

Okay, with that I want to go ahead and continue on with our meeting and so we'll go ahead and move down to our citizens comment portion of our meeting so this is an opportunity for anyone who wishes to address this governing body you're more than welcome to. We ask that you step up to the mic and state your name and what city you're from and then of course the purpose of the dialogue but please understand that since it's not an agenda item that we TECHNICALLY CANNOT GET ENGAGED IN A DIALOGUE BACK AND FORTH BUT WE DEFINITELY WILL CONSIDER EVERYTHING AND MAKE SURE WE GET BACK TO YOU AND SO WITH THAT I'LL TURN THE TIME OVER TO OUR CITIZENS.

My name is Jason Wild. You know that I just prayed. I am a resident of Layton City and the executive director of Open Doors. And first, I want to thank you for the invitation to provide the invocation. That was an honor. It's also an honor for me to be the executive director of Open Doors, and this group has funded Open Doors for the past several years with CDBG money. I thank you for that. 60% of the families we serve are from Layton City. We provide three or four... services to our neighbors who are struggling. We help keep people housed, the roof over their head. We give a hand up to people who are struggling financially to stop the slow or sometimes fast slide into poverty. And then we also provide a children's nursery called Imagination Station, where it's a safe and fun place for kids where parents can schedule a three-hour break of time to drop off their kids. And we always have openings. And there's probably a lot of stressed-out parents in our community who aren't using us and don't know about us. So I do have brochures. I can share website information. We just want to make sure that people in our community know about that crisis nursery. It's a great place where parents can just drop off their kids, go home and clean their house without little kids destroying the rooms that they've just cleaned up behind them, go to a doctor appointment by themselves, go shopping by themselves for once in their lives. I just want to make sure that that word gets out. And again, thank you so much for your ongoing financial support of Open Doors through CDBG funding.

Hey, Jason, before you leave, you do have a fantastic program. And with that, you also have a new location. So would you mind giving the address so that folks know where to come? Because that nursery is... PRIME. I'VE BEEN THERE. IT'S BEAUTIFUL. YOU GUYS DO A GREAT JOB.

OKAY, WE'LL SEE IF I REMEMBER IT. IT IS 438 NORTH, 700 SOUTH IN CLEARFIELD.

SO JUST OFF OF 193, JUST SOUTH OF MAIN STREET IN CLEARFIELD THERE. YES. YEAH, IT'S EASY TO FIND. BUT ANYWAY, YEAH, THANK YOU VERY MUCH. YOU GUYS DO A FANTASTIC JOB. OKAY, ANYONE ELSE?

Hi, my name's Irene Hill, and I'm from Layton. And I'd like to thank every one of you for everything that you do on a daily basis. If it wasn't for you, Layton wouldn't be the town that I decided to stay in. IN REGARDS TO MY FAMILY WANTING ME TO BOOT THEM BACK TO WASHINGTON, I TOLD THEM PRETTY MUCH NO. SO ANYWAYS, IT'S CONSTITUTION DAY AND I JUST WANTED TO HAVE YOU THINK ABOUT THE FLOCK CAMERAS SINCE THEY'RE AGAINST OUR FOURTH AMENDMENT RIGHTS. AND I'D ASK THAT YOU TAKE IN CONSIDERATION LAYTON NOT HAVING ANY. THANK YOU. OKAY. THANK YOU VERY MUCH.

ANYONE ELSE? You're welcome. Go ahead and come on up.

Good evening, mayor and members of the council. My name is Kathleen Wolf, and I'm a resident of Layton. I am standing here tonight as a participant in the self-sufficiency program through open doors. I want to share why this program is so important to me and why it needs to continue thriving in our community. As a single mother, there was a point when I was facing uncertainty. My case manager, Becca helped my oldest son and I get through some tough barriers, providing essential resources like diapers, clothing, and food without her guidance. Our days would have been dark. My new case managers, Rachel and Stephanie were angels who accommodated my goals and became my support system when I was diagnosed with cancer. and I had to undergo chemo and radiation. Open Doors is truly a life-saving haven. Transportation was the biggest barrier and it's still one of the most life-saving needs even today. They put gas in my car so I wouldn't miss my cancer treatment. When I became sick, I was hooked up to IV bags and I had little strength in my body. I was able to find hope because of them. I was confined to nature in my yard. Small goals were made to start a family garden that we could enjoy. We started growing our own food so that we could provide for ourselves. Today, I am a year and a half post-treatment. I am a cancer survivor, a single mother, and disabled, and yet I am alive, coping with my new body. I've been growing, sorry it's emotional, I have been growing vegetables, flowers, and herbs with my children. Without open doors, I wouldn't be standing here. They show real compassion when people like me don't fit inside the box of protocol. They think outside the box and they continue to help and this is why this program needs more funding. Please help this program thrive so I can continue my journey and others can access these resources so we all can grow in strength and self-sufficiency, watching our gardens grow in beauty. Thank you all for your time. It's my first time here, so thank you.

Thank you. Thank you for sharing your story, and sorry for what you're going through. Okay, anyone else? Okay, being that there's none, I'll go ahead and go on then to our consent items tonight. We do have one item, and Mr. Steve Jackson is going to present this item on an interlocal agreement.

Thank you, Mayor. Council, it's good to be with you tonight. It's my privilege to present Resolution 2641, Interlocal Cooperation Agreement between Layton City and Davis County for the 2200 West Railroad Crossing Active Transportation Bridge. If you recall, in April we presented a work meeting about this project. We're excited for it. We've worked hard since 2023. We completed a feasibility analysis, alternatives analysis that looked at the 2200 West and railroad crossing. looked at multiple different alternatives to try and make that a safer crossing. And the recommendation out of that feasibility study was a pedestrian overpass across the railroad at that location. So this is a concept layout that we've been working with, trying to receive funding for that. You can see on the lower picture kind of a side view of what that pedestrian crossing would look like. It would be a 265-foot main span steel truss bridge, according to the concept plan, that would need to go across the UTA and Union Pacific Railroad right-of-way. The ramps would tie into the existing sidewalks with some retaining walls to support the ramping ends to try and keep the cost down, but then also additional 780 feet of sidewalk to make sure there's connectivity all the way to antelope drive to the north and then the sidewalks to the south. That's a concept rendering of what it would look like potentially. So we took this information and Mindy Hunsaker in our office has worked diligently to submit grant proposals, one of which we were awarded in December of 2025 from the United States Department of Transportation It's called the Safe Streets for All Grant. It's an implementation grant worth $9.908 million. With that, it comes with a 20% local match, which is the $2,477,000 that we're going to talk about as we go forward. So a couple of stipulations in that implementation grant is that the grant agreement be executed within 12 months of the award. We have that submitted to the federal agencies in charge of this. They're reviewing that grant agreement, and we hope that soon we will see that back. We're excited to get moving on this project, and then it would need to be completed within five years of executing that grant agreement. So we haven't been sitting around waiting. We've been out working to try and find some more money. So we actually submitted in July to Davis County an application to assist with this local match, and the county has graciously agreed to award the Layton City $1.73 million to go towards that grant or that local match. So they have an agreement before you tonight that would have a project completion date of... prior to December 31st, 2030. Our projected timeframe, once we get the grants all signed, the agreements all signed, would be to start and finish within a three-year window. So hopefully we can get moving on that very quickly. I just wanted to kind of go over the financial breakdown that we're looking at. The total project would be $12.385 million. The federal government would basically cover 80% of that. And then the local grant award that we're discussing tonight would cover 1.73 of that local match, with the city having an obligation to come up with $747,000. So we're excited for this project to move forward. We're excited to work with Davis County to move this project along. And so with that, staff would recommend the council adopt Resolution 2641, authorizing the city manager to execute the interlocal agreement, cooperation agreement for highway or public transit projects, reimbursement between Layton City and Davis County. Are there any questions that I can answer for the council?

You know, Mr. Jackson, I just got to say thank you because you guys have diligently gone out there and sought additional funds, which is really what helps all of our residents here. And these projects wouldn't happen unless this funding was available. So I can't thank you enough. And I'm sure there's going to be more comments here or questions. So, Council, I'll turn the time over to you.

Can you go back to that other slide, that one there? This one, yeah. So it's covered?

I mean, or is it just? It can be covered. Right now I think it's just shown with the truss system on it. Okay. But, yeah, there's a lot of different options for how to finish the project. That was a pretty picture, I guess I should say. But, yeah, we could put a cover on it if we felt like we needed it.

Those are just really...

This chain link? Yeah, so that people can't... Yeah, there's a lot of safety considerations that will get into the design. Yeah, for sure.

Okay, thanks.

Anyone else? Councilman Morse?

THANK YOU, MAYOR. STEVE, I HAVE A COUPLE QUESTIONS. THE FUNDING THAT WE HAVE TO COME UP WITH, I GUESS WE'RE PLEDGING THAT, BUT WHEN WOULD THAT HAVE TO BE EXPENDED? IS THAT OVER THESE FIVE YEARS OF BUDGET YEARS?

YES, SO WE NEED TO MATCH THE 20% AS THE PROJECT MOVES FORWARD, SO WE WOULDN'T NEED TO COME UP WITH ALL OF THAT IN THE FIRST YEAR, BUT WE WOULD in the initial design and environmental phase meet the 20% match there, and then as we move forward to construction, the rest of it would need to be available.

YOU HAVE ANY CONCERNS ABOUT PERMITS TO GO OVER THE RAILROADS, THE TWO?

NOT NECESSARILY. IF WE CAN MEET THE REQUIREMENTS, THEN WE'LL BE ABLE TO GET THOSE PERMITS. THAT IS A BIG CHUNK OF THE SCHEDULE IS TO TRY AND GET THE DESIGNS FAR ENOUGH ALONG AND THEN WE CAN GET THOSE SUBMITTED TO THEM FOR THEIR DESIGN REVIEW AND APPROVALS.

Last question. I'm grateful that Davis County is willing to help with this. Have we talked to, I think we've talked about this before, Clearfield City as the other end of this bridge?

Yeah, we've talked to them. They're supportive of the project. They haven't committed any funding towards it, but... But there still can be ongoing discussions as well. But just to be clear, all of the bridge itself is in latent cities right of way. And so, yeah, it will benefit the residents on the other side of the border as well.

That's why I'm happy the counties can see that as well.

Yeah, the county is really excited for this to become... The active transportation part of that is really great because we do get people that come all the way from the north. At one time, the Clearfield High cross-country team was using this crossing as their running route, and we've asked them to pick a different route for now until we can get something in there to be safer.

I watched. I sat right at the south and heading north of the railroad tracks while the THE GUARDS WERE DOWN AND THE GENTLEMAN JUST DECIDED TO WALK ON THROUGH. ANYWAY, THIS IS A GREAT PROJECT. THANK YOU FOR GOING AFTER THE GRANT MONEY OR THIS WOULD NOT HAPPEN. THANK YOU.

ANYONE ELSE? IF NOT, I'LL BRING IT BACK TO THE COUNCIL THEN TO GO AHEAD AND TAKE ACTION.

MADAM MAYOR, I MOVE THAT WE ADOPT RESOLUTION 26-41.

DO I HAVE A SECOND?

SECOND.

IT'S BEEN MOVED AND SECOND. ALL IN FAVOR, PLEASE SAY AYE.

AYE.

ANY OPPOSED? OKAY, THANK YOU VERY MUCH, AND AGAIN, YES, THANK YOU TO DAVIS COUNTY AND THE FEDERAL GOVERNMENT ON THIS. IT WAS A BIGGIE. OKAY, WE'LL MOVE ON TO OUR PUBLIC HEARING PORTION OF OUR MEETING. WE DO HAVE TWO ITEMS ON THIS. MR. WESTERN-APOLONI IS GOING TO PRESENT ITEM A FOR US, AND THEN AT THAT POINT, WE'LL OPEN UP THE PUBLIC HEARING AND HEAR ANY COMMENTS REGARDING THAT.

Thank you, Mayor and Council. Before you tonight is a text amendment for accessory dwelling units standards. During the 2026 Utah legislative session, Senate Bill 284 was passed. This bill required that cities adopt new standards for accessory dwelling units, excuse me, detached accessory dwelling units, which the state has identified as DADUs. Layton City already has accessory structures and detached accessory structures that function as ADUs, or accessory dwelling units. Some minor modifications needed to be made to our ordinance to comply with current state statute. I'll just go through these requirements. no longer can the city require to use similar building materials, colors, and architectural characters as the primary dwelling. That's not a standard that we, although that was in our code, we weren't having to do that, require that much out of users building ADUs. The next standard is window type and location requirements. That is a standard that we had and we did reflect on and we used in some components of ADUs, but no longer are we able to. Roof materials and a minimum roof pitch we have a lot of work to do with the roof pitch requirements although we did have those standards that' s not something that staff had to require out of adu buildings as most people just complied with those standards. Door and entrance location requirements we can' t identify where those locations are allowed that is part of how we regulated those and we USE THOSE STANDARDS. WE'RE ADDING TWO MORE COMPONENTS TO THIS. JUST THE DEFINITION OF A DADU, WHICH IS AGAIN A DETACHED ACCESSORY DWELLING UNIT. AND THEN OUTLINING A PROCESS FOR CONVERTING AN EXISTING ACCESSORY STRUCTURE TO A DADU. LATENT CITY CODE ALREADY ALLOWS THAT, BUT WE'RE JUST CLARIFYING IT AND CLEARLY SPECIFYING IT IN THE CODE JUST SO THAT WE SHOW THAT WE'RE IN COMPLIANCE WITH STATE CODE. city staff is also recommending with this proposed draft amendment that we make an update to the adu standards table this is just the the table that we use in the municipal code that reflects setbacks and height where accessory structure or excuse me where the adu structures can be located the first table in red is marked out it's what is in the code right now and that we initially put this in here and it was a little hard to read just because of all the information that's in there we've simplified it and modified the information to make it a little bit more clear to consume that information for our residents. On August 25th 2026 the planning commission voted unanimously to recommend the city council adopt ordinance 2627 amending that title 19 chapter of the, excuse me, 19.02 definitions in section 19.06.0.300 accessory dwelling unit standards as presented in accordance with Utah State Code. Staff supports the recommendation of the Planning Commission. I'd be happy to answer any questions you may have.

Okay. Council, do you have any questions?

I will just add one more thing that the council did bring up as a question is just the number of EDUs. And so this year, we're at 102 as of today.

Excellent. Okay. Okay, being that there's no questions, I need to have a motion to open the public hearing at this time.

Make a motion to open public hearing.

Okay, do I have a second? Second. All in favor? Okay, the public hearing is now open on this item, so if anyone wishes to address us, you're more than welcome to stand up and once again give your name and what city you're from. Okay, being that there's no comment, I'll go ahead and bring it back to the council to go ahead and take action on Ordinance 26-27.

Madam Mayor, do you want me to close the public hearing or just leave it open?

I thought we could leave it open. I know we can go either way, but yeah.

Madam Mayor, I move that we adopt Ordinance 26-27. Okay.

Do I have a second on that?

I'll second.

Okay, it's been moved and seconded that we adopt Resolution 26-41. I need to do a roll call vote. Oh, excuse me, Ordinance 26-27. Sorry about that. I'll go ahead and start with Council Member Bloxham. Yes. Council Member Thomas. Aye. Did you hear that? Council Member Clunder-Arnold. Aye. And Council Member Morris.

Aye.

Okay, there you have it. It's unanimous. Okay, we'll go ahead and go on to item number two, a rezone request. So once again, Mr. Appoloni will go ahead and present this item to us.

Thank you, Mayor. The proposed rezone request is at approximately 1242 East Pheasant View Drive. The rezone is requested to go from R16, single-family residential, and RS, residential suburban, to R2, which is single-family and two-family residential. The property here is outlined before you in red. And here's a closer view of that property. The purpose of the rezone is to request an expansion of the facility. And I'll go to a site plan that shows an expansion. the facility was originally approved through a conditional use process in was split zoned as well and in 2011 it was identified that the zoning ordinance was not compliant with federal housing guidelines and requirements subsequently our code was updated to a residential facility for persons with disabilities and at that time council separated the uses into two categories a small residential facility and a large residential facility. A small residential facility is for 12 or fewer persons large is for 13 or more. It was also identified that the small residential facilities would function and operate within single family residential zones such as this one and large facilities would operate within larger more intense zones I should say such as multi-family zones that are along arterial corridors multi-family mixed use zones. In 2014, a previous owner acquired additional property and came to the city and asked for an expansion. They were, at that time, because of the ordinance change, they were out of compliance and would not be able to expand. And so it was brought to the city through a development agreement. The development agreement identified an allowance for an expansion of 36 units, excuse me, for a total of 36 units. That was 21 original units and 15 new units. After the end of construction, there were actually 17 units constructed. And that mostly came from just the interior workings of how they navigated the construction of that, and they were able to gain two extra units. The development agreement was then updated by council to include those extra two units. So currently they have the... the 38 units. The applicant is requesting the R2 zoning designation to bring the facility into compliance with the zone. Currently again the surrounding property is R1 6 and to bring the property into compliance the zoning would need to go to a zone that would allow for a large residential facility which the facility currently is identified as a large facility. The general plan designates the subject property is under the community residential designation. This designation is intended primarily for traditional single family residential neighborhoods that serve as a transition or buffer between low intensity residential uses and more intensive uses. When we look at any type of general plan compliance, we also look at the scale, density, and intensity of the uses in the surrounding areas. This is reflected through the municipal code by allowance of both the small and large residential facilities. Again, the small facilities inherently function at a neighborhood scale, identifying their footprint, traffic generation, parking demands, and overall daily intensity is at a smaller neighborhood scale. However, large facilities represent a higher land use intensity due to an increased staffing needs, visitor traffic, emergency vehicle access, delivery needs, and again, a larger footprint. Larger facilities are intended for areas where higher levels of activity are anticipated. Again, the general plan identifies these areas as traditional residential mixed-use and mixed-use areas, and these are located along corridors, arterial, and collector roads. The proposed expansion would also need to address issues related to parking, fire access, fire turnaround, stormwater runoff, and landscaping. While one or two of these standards may be able to be met, it's staff's concern that not all these requirements could be met with the property expansion that's being proposed. I'll just go through this. This is the plan that the applicant has provided. This section here is currently owned by the single family, this single family home, and this property is owned by the single family home. Their request is to purchase that section and put in a parking lot. They currently have a parking lot here, and then they would use this area for an expansion for 10 additional units. There is some detention in this area. And just, again, stating the concerns of fire access and emergency services at this point, fire stated that they would need a fire turnaround, putting in a fire turnaround here. although it's not shown here, would be extremely difficult as those are fairly large, as well as managing the detention. So not saying that those aren't things, obstacles that couldn't be overcome, but they are substantial obstacles. On August 25th, 2026, the Planning Commission voted to recommend that the City Council deny the proposed rezone request based on findings described in the staff report and the requirements outlined in the accompanying staff memorandum. Staff supports the Planning Commission's recommendation of the denial. I'd be happy to answer any questions you may have.

Okay. Council, do you have any questions?

We talked about this quite a bit in work meeting, but I'd just like to reiterate, this is the development plan that they submitted?

This is a rezoned request, and they didn't need to submit a site plan, but they wanted to give us an idea of what they were planning to do.

Okay, but this... PLAN HERE DOESN'T SHOW ANYTHING TO DO WITH FIRE. NO. NO.

NO, AND WE WOULDN'T REVIEW IT AT A REZONED STAGE FOR FIRE, BUT IT IS A GENERAL CONCERN THAT IT WOULDN'T FIT.

IT WOULDN'T, I MEAN, AND I LOOK AT, I ASSUME THE NEW BUILDING TAKES UP SOME OF THE PARKING.

It does. You can see on the image here, there's parking along.

And I realize they're looking at putting some additional parking, but they're actually taking away and then adding some. But I don't know. It doesn't seem like enough to me, but that's your job, not mine.

Yeah, that's a fair statement. The applicant has stated that there would actually be more parking on site than there currently is, even with the additional units.

Other than that, the parking, the fire gives me concerns. A site plan, I mean, I hate to say go ahead and do something and then it comes in a little different than I expected. Sure. So I'd like to kind of see exactly what's going to happen before I make any motion to approve it. Thanks.

And I would just add that I don't know that I stated this very well, but these uses are great within residential single-family neighborhoods. It's not a question of whether the use is appropriate here. It's just more about the intensity and how we look at intensity within our single-family neighborhoods and if it is compliant with the general plan.

Okay. Any additional questions before we entertain public opinion? Okay, seeing that there's none, if there's anyone in the audience that's wished to speak on this topic, you're more than welcome to stand up and once again state your name.

I'm the applicant. Am I good to go now?

Yeah, you can go up. Okay.

All right, so my name is Zach Reynolds, and we are the ones who own this property. I guess to address the concerns that they had last time, we did not have this, I guess, image for them last time to kind of show what they were doing, so it's kind of hard to see, and I get there's concerns with the fire, with the storm drain, and we have actually come and talked with multiple members of the city and come... I GUESS FOUND ANSWERS OR RESOLUTIONS TO ALL THESE QUESTIONS. AS FAR AS STORM DRAIN WE WOULD PUT THAT UNDERGROUND IN THE UNDER THE PARKING LOT WITH STORM TECH. FOR PARKING LIKE HE STATED EARLIER WE NOW HAVE MORE PARKING STALLS PER PERSON AND WE MEET THE CODE. I TALKED WITH WHITNEY AT THE CITY PLANNER AND SHE SAID WE I GUESS WE MEET THE CODE FOR WHAT WE NEED FOR AN ASSISTED LIVING. SO WE CHECK OFF THAT BOX AND AS FAR AS FIRE WE DO HAVE A 26 FOOT ACROSS THE WHOLE THING AND THERE'S ONE SPOT THAT'S A FOOT SHORT BUT WE CAN ADD A FOOT OF I GUESS We have a way to resolve it easily by moving the sidewalk one foot. And we'd still have a sidewalk. So I guess as far as fire, the only thing we still have to ask the fire department, but the fire marshal's been out of town this past week and a half, is about the turnaround. Right now, if you look at the thing, it's on the north side, I guess, on the very left side of our property. You can see it goes in and goes left. That is a turnaround in itself, and we still have to confirm. I know when I used to talk with the old fire marshal a couple months ago, Doug, he said it was fine, but I know I need to get that checked off with Gavin, and that's the only thing, and I just haven't had a time to talk to him because he's been out of town this last week and a half. So that is the only concern left as far as building code that we would have, all the other requirements, and that should count as a turnaround, and I guess I just need to talk with him still and waiting on that. So that's as far as that. And as far as the intensity of the use, as he said, that's the bigger issue, is we would only need one more staff member for these extra rooms. So the only, I guess, intensity that would go up is the one card a day for the staff and then the families that visit, which is at most usually once a week, but some families don't, some people don't get visits. It's sad as it is, some people don't get visits. And so the intensity would not change that much. And I highly doubt the neighborhood would realize a difference in the traffic or the intensity, especially since this building is still all on the original parcel. And it is tucked away in between the two. The only thing extending is the parking lot itself, which makes it better and more accessible. And it brings the whole property up to code as far as it can. And so we're just trying to get this up to code and expand and give another place for these these people to live and I know in the industry as a whole it's growing. The baby boomer generation is getting older and that's one of the biggest generations and more people are needing it and so to help meet demand we think it would be a great option for this to grow and especially since it's located in a residential area our residents that we have love to be a part of the neighborhood. We recently had a snow cone event, had many families from the neighborhood come and show support, and our residents all loved being in the middle of the neighborhood. They feel like that's what they want to be. They don't want to be on a, I guess, a freeway, and that's why the smaller ones are allowed, and that's why we're trying to rezone to make this more, I guess, up to code for the city. So those are the two main concerns that they had in planning commission. We didn't have the answers then, but I guess we have the answers now. We've talked with people in the city and been able to solve those issues that they were worried about.

Okay, one quick question just for confirmation. You do have the property secured from those two residents?

Yes, we've talked with both of them and they're both willing to sell, but I guess it's not going to be finalized until we get an approval here, of course, because we don't want to buy it without... being able to do it.

OK. Council, do you have any questions for the applicant since he's here? Councilman Bloxham.

Thank you for providing some additional context. I MENTIONED IN THE WORK MEETING JUST THE NECESSITY FOR THESE TYPES OF BUILDINGS AND THESE TYPES OF ENVIRONMENTS FOR PEOPLE WHO ARE AGING AND WE'RE GETTING LOTS AND LOTS MORE PEOPLE ENTERING INTO LONG-TERM CARE FACILITIES LIKE THIS, AND THEY'RE A GREAT USE, AND WE HAVE A NECESSITY OF THEM IN OUR CITY, IN OUR COUNTY, AND IN OUR STATE. JUST A FEW QUESTIONS. NOW, YOU MENTIONED, I THINK WE HEARD THERE WERE 10 ADDITIONAL UNITS, IS THAT RIGHT?

Yes, so as we're planning right now, there's currently nine right in that spot, I guess where that is, and there's one more on the interior we're planning to add. Okay. And so, yeah.

But you're only expecting one additional staff member for those ten rooms?

Yes, so right now we have, I guess we're an awkward staffing number, so it would just be one more. Okay. Okay, one more, yeah, per shift, yeah.

AND HAVE YOU HAD DISCUSSIONS WITH THE CITY STAFF ABOUT THE DEVELOPMENT AGREEMENT AND ABOUT WHAT THINGS WOULD NEED TO BE CHANGED?

AS WE WERE TOLD, THE ZONING CHANGE AND THE DEVELOPMENT AGREEMENT KIND OF GO HAND IN HAND. AND RIGHT NOW, THE DEVELOPMENT AGREEMENT LIMITS IT TO 38, AND THAT'S WHAT WE'D LIKE TO GET THAT CHANGE TO 48. And even if we rezone, there's never the concern of them tearing it down and building it so they couldn't because there's a development agreement in place. So there's no worry to worry about any of the changes to twin homes because I guess that's the most they could do in R2. So, yes, we're looking to change that to 48, the development agreement.

Thanks.

Any other additional questions? Okay. Thank you.

Thank you.

Does anyone else wish to speak on the topic?

Hello, Council. My name is Caden Grinko. I'm here on behalf of my two grandparents, Lloyd and Marge, who currently reside at Pheasant View Senior Living. My grandparents are both Oh, man, 90 years old, and we searched. We searched a lot of places. I drive past a few of them. I live in Fruit Heights. To go visit them at Pheasant View. I found the care there to be exceptional. and the pricing to be fair and honest in comparison to a lot of the other locations. And in a growing industry, there's going to come a time where families like mine who care deeply about their loved ones are going to want to have the option to choose places that will care for them at the same level. And I believe Pheasant View to be one of those places. And so I highly recommend the consideration for this expansion because these are people that we want to trust in the care for as many of our elderly population as possible. Thank you.

Thank you. Anyone else? Being that there's none, council, do you have any additional conversation or concerns or want to further this discussion?

Madam Mayor, a question for Weston.

Sure.

Or a comment from him. We have... Okay. We have a general plan for a reason. We have a city staff for a reason with professionals employed to look at all the things that need to be looked at to support infrastructure, to support how the city's been set up, how we've decided. through our representatives how we should look. Now there are opportunities to rezone, and that's what we're looking at tonight. I guess my question, I'm hearing the applicant say that all of these things are taken care of, that everything's great, yet the staff still supports denial. So I'm curious as to how can you... be okay with the city and have the city staff still support a denial.

Yeah, thank you. So just to respond to all the concerns that have been addressed, stormwater detention has not been analyzed or reviewed. We don't analyze or review that at this stage. And there is concern from engineering that there would be six substantial Effort need to be put in to facilitate that this is the most detailed that we have We do not have any stormwater calculations or detention or anything like that that would resolve any concerns that engineering would have That is correct that there has been a Our fire department has not been able to get to this right away, although I do have an email from our fire department, our fire marshal, and he did look at this and did express the concerns which I had already stated, which are the fire access lanes and the fire turnaround. That fire turnaround is not on here. That issue is not resolved. If those are resolved, the city has not seen those things, and those are big concerns for us. But again, the broader concern is beyond that, really is that this facility, while a good facility, and we recognize that they do provide good to the community, that there is a scale and scope for these facilities. And the more we continue to increase this type of facility, the more it'll have a larger impact on single-family neighborhoods. And so this can set a precedence for us throughout other aspects of our city. And so it's important for us to hold to that general plan and recognize that those guidelines and requirements outlined in the general plan are there for a reason to hold specific zoning and densities in a line with the surrounding community. And that's the reason staff's supporting this. It has nothing to do with the use itself. We think it's a valuable and effective use. It's about the intensity and that that's not contemplated within the general plan in this location.

The question for Weston. In the Planning Commission meeting, I believe you stated that this was staff's recommendation for the owner of the property to move down this rezone. Could you clarify or bring everybody up to speed on that decision by staff?

Yeah, so there is a lot going on here. So not only is there a rezone request, but there is a development agreement that's specifically on that property that would have to be approved through council. And for them to rezone this property, they would need a general plan amendment because staff is recommending denial. This is a way for this to get in front of the council for you to review it. At any point, even if we were to bring them forward, if all applications came forward before you and you as a council decided to move forward with it instead of a recommendation of denial, it would still need to come back to the council as staff would need to go through that development agreement, modify it, go back through the planning commission. And so this was intended to get through the process to get to you, if that makes any sense.

What would be the proposed general plan amendment? What would that amendment look like?

It would carve out that property and put it into a transitional residential, which would allow for the R2 zone.

I was hearing some concerns about precedent, but that sounds like it's specific to this property.

Well, the precedent is just in nature of carving out sections of the general plan, right? Looking at it and saying, well, maybe we don't have to follow the general plan in this specific area. Typically, we change general plans for two reasons. One, we can clearly see there was an error. And it can be documented that it was not intended to be that way or that it was a mistake that was identified as it is. The next is information has changed. There has been enough information that has been garnered that we can say that no longer can work in this area. And it's clear no one can build those things that we were asking for there. Those are two great reasons to change a journal plan. This still facilitates and works for this area.

This one was brought about in a kind of a bizarre way. We've mentioned that before in the work meeting through a development agreement. That's right. Which was a unique way of adding units to an already existing piece of property. So I guess this is a strange one. And Councilman Morris, to your point, WHERE I UNDERSTAND THIS IS HOW YOU GET IT IN FRONT OF US, BUT IT ALMOST FEELS LIKE, YOU KNOW, IT'S HALF BAKED IN THAT WE DON'T ACTUALLY KNOW WHAT THIS LOOKS LIKE IF IT'S APPROVED BECAUSE IF THERE WERE THREE OF US ON THE STAND THAT SAID, ALL RIGHT, LET'S MOVE FORWARD WITH THIS, WE WOULD ACTUALLY HAVE TO PUMP THE BRAKES BECAUSE WE NEED TO LOOK AT THE GENERAL PLAN AND WE NEED TO LOOK AT THE DEVELOPMENT AGREEMENT TO SEE WHAT THOSE ACTUALLY LOOK LIKE IF WE HAD SOME, YOU KNOW, RECIPE, IF WE WANTED TO LOOK AT THIS. And so it's an interesting one in that I'm not sure I have enough in front of me to make a decision because it seems like A, B, and C have to be in front of us before I can understand the full context of what's being asked and the consequences for the residents surrounding it and the use in the property. WHEREAS ONLY HAVING ONE OF THEM, WHILE IT GETS IT IN FRONT OF US, IT DOESN'T GIVE US A FULL PICTURE OF WHAT THE CHANGE MIGHT LOOK LIKE. IS THAT FAIR?

I UNDERSTAND WHERE YOU'RE GOING WITH IT. I WOULD SAY THAT OUR ASSESSMENT WOULD NOT CHANGE.

WOULDN'T CHANGE.

YOU WOULD GET THE SAME STAFF REPORT. OKAY. WE TRIED TO PROVIDE IN YOUR STAFF REPORT A DETAILED EXPLANATION OF WHAT YOU WOULD SEE, WHAT THE GENERAL PLAN SAYS, WHAT OUR ASSESSMENT OF THE GENERAL PLAN IS, AND SO WHILE WHILE THOSE APPLICATIONS COULD BE PROVIDED, IN MY OPINION, THOSE ARE JUST REQUIRED THE APPLICANT TO PAY MORE MONEY TO GET TO WHERE WE'RE AT. YEAH. BUT YOU'RE GOING TO GET THE SAME ASSESSMENT.

OKAY. SO LET'S ASSUME THAT THIS WAS BROUGHT ABOUT THROUGH A DEVELOPMENT AGREEMENT, AND I ALMOST LIKE SETTING THAT ASIDE, RIGHT? BECAUSE THAT WAS A WHILE AGO, DIFFERENT COUNCIL, DIFFERENT CIRCUMSTANCES. SO I GUESS IS IT THE STAFF'S POSITION THAT THAT DEVELOPMENT AGREEMENT IS ALREADY EXPANDED IT BEYOND WHAT YOU WOULD HAVE ORIGINALLY ALLOWED IT AND ANY MORE EXPANSION IS, LIKE YOU MENTIONED, IT'S TOO MUCH OF A MORE INTENSE USE. WHEREAS THE APPLICANT COMES UP AND SAYS, YOU KNOW, THAT THEY HAVE A GOOD RELATIONSHIP WITH THE COMMUNITY AND THEY WOULDN'T EVEN NOTICE IF THERE WAS A CHANGE. And so I'm trying to just maybe be cognizant of if it's tucked back in this little community, they add 10 units, and these people don't drive. And we can assess and understand some of those utility concerns and the fire concerns. THEN IT SEEMS TO ME LIKE I WOULD UNDERSTAND WHY I MIGHT EVEN THINK ABOUT UTILIZING A GENERAL PLAN AMENDMENT, BECAUSE THE DEVELOPMENT AGREEMENT'S ALREADY BASICALLY DONE ANYWAY, AND SO WE'RE REALLY JUST MODIFYING A DEVELOPMENT AGREEMENT, WHICH WE DO QUITE OFTEN. YEAH. SO MAYBE THAT'S MORE FOR THE COUNCIL THAN THE QUESTION TO YOU, WES, AND JUST KIND OF WHERE I'M AT ON IT.

WELL, I COULD JUST RESPOND A LITTLE BIT TO THAT. SURE, YEAH. AND I THINK YOU'RE ACCURATE IN THAT THIS HAS ALREADY EXCEEDED If this was built today, this would not be allowed by the municipal code. And that is another point that staff is making, is that the small facilities work very well in these neighborhoods. This one has done well, but it definitely has exceeded the number that is allowed. And we're holding the position of the municipal code and the general plan to stay with what's already been on the books.

I have a quick question for you. Knowing that and understanding why you made that statement, should the applicant be willing to cut back the amount of units instead of going forth with 10 of them, maybe cut it back to only five? Would you guys be more open to that type of a recommendation or suggestion for them, for the council? Or would you still stand strong on your opinion?

Yeah, thank you, Mayor. From staff's perspective, it would still be the same recommendation. Again, it's already exceeded the number of units.

It's because the total number of units, not necessarily the usage.

Yeah, and so just to connect all the dots, it's the total number of units. To get that to compliance, we need to get it into a zone that would allow that. That zone is not compliant with the general plan. That's the breadcrumb trail that we're working through.

Did you have a question? I was going to say, regardless, it's not going to meet the... They've exceeded already, right?

Yeah. So if...

So we've kind of given the exception.

Well, and it's legal non-conforming at this moment. If you go through a rezone, it would make it legal conforming.

Okay, this is a pretty big dilemma here. Any other questions on this?

Madam Mayor, we talk about how it's the staff, the staff's talking about the general plan and the municipal code. That was voted on by all of us. I mean, it's not the staff's law. And so I guess the, One of those things where you want to do good, but oh, guess what? Now you're not following the ordinance. And that's the tough spot. But again, I don't care. I appreciate the comment on all of that. I don't think none of that is in question. Unless maybe in the future, if this was as intense as... We're talking about I don't know emergency services are still concerned for me getting fire in there something would happen and you know none of us know but that's the job of of that's why we have a general plan that's why we have these ordinances that are best guess at the beginning. That's just where we are it's it's you mentioned the tough one it is but I think we're we're up against our our code.

Any other comments on this? Public hearing is still open, so you're welcome to address them.

Yeah, and we're grateful for all the comments, and like you said, it's against the general plan, but when this was first approved, it was in compliance. The zones changed already when this was here, and then even after then, I guess, like I said, the development agreement was put in place, and so I guess... We, it's a very unique spot, and when the city changes rules for something that's already in place, it makes it, I guess, there's a reason it's an exception, is because that's why we have this section of zone for non-compliant buildings, is for these kind of situations. And that's why we come to the council for these unique situations, is because sometimes there's these unique situations that don't fit exactly into the code, just because they were already there. And that's why we have the city council to vote on issues like these. And I just wanted that to be taken into consideration that this was in compliance, then the rules changed, and then it wasn't. And then that's why it was, I guess, approved in the first place. Okay.

Anyone else wish to comment? If not, I'll bring it back. Okay, sir.

Yes, my name is Rob Reynolds. As mentioned, this was built and it was in compliance. Since that period of time, they changed what was sitting in the zone. They changed the way the zone was, which made it legal, non-compliant, if you will. Our desire is to make it an ability to service and take care of the people on a very high level. And the... current rooms per nurse or to attendant makes it more challenging. We feel that the need for additional rooms to be able to keep and maintain not only the property, but likewise the additional parking that would be enhanced by this would greatly take care of any overage of parking or other needs that the tenant body or staff may have, even though there's not going to be much difference in staff, it would give more visitor parking for the residents, visitors, if you will. And so the challenge that we didn't anticipate having, if you will, was being non-conforming, because we understood it to be in the correct zone, but because they changed the meaning of what that zone could have within it, has made it there. Because otherwise, I guess my desire was to come in with a tenure before you, amendment to... the development agreement. Therefore, based on the way I read the development agreement, that wouldn't even require a zone change, but we were directed, as mentioned, that the best way to proceed is to do this preliminary sketch to get it in front of you, and with the development agreement and other things coming back to you, it would give the additional detail that would be required or desired to have. We've gone to a fair bit of internal studies and looks and everything else and I'm my history is an earthwork and development I'm very familiar with a storm tech one thing. They worried about a storm drain I could probably storm drain the whole neighborhood in a storm direct underneath my parking lot now I'm not worried about meeting standards or qualities or other things and when it comes to those kind of issues because there's ample parking lot that you can run a storm tech system. You're familiar with that underneath the parking lot that would handle more volume of water than we could produce on that site. Is it cheap? No. But I think for the long-term sustainability of the residents, the property, And to have it be an asset to the neighborhood rather than something that could be a detriment is what our desire is. And since we have been taking over, we've been upgrading it, making it a lot nicer to attract more clientele has been mentioned there where beforehand it was much more challenged. And so if you're getting any feedback, matter of fact, even the fire marshal that is now retired, or change, what have you, was very happy with what we've done to enhance and make it the way we desire it for the residents in the neighborhood as well as for the tenants that reside there. Actually, with what we're adding with that additional parking, there's also a grass buffer plan to, from the front of the parking, have a grass mow strip and a buffer around it that would add it a little more pleasant as well. Thank you.

Thank you.

Okay. Any other comments? If not, council, I'll bring it back to you for action. Yeah, it's still open. You're welcome to ask whatever questions you want.

Mr. Drake, have you reviewed the development agreement?

I did a long time ago. I probably wouldn't be much help. It's been weeks. I've read a lot of agreements since then.

That's fair.

My thought process is, is there a mechanism in the... in the development agreement that allows them to expand, or was it basically fixed? And I'm assuming it's something you would need to review again to answer that question.

Yeah, I don't recall anything like that. It looks like Weston, he's probably looked at it more recently than I have, but when I looked at that, I don't recall that being something that it allowed for.

That's correct. It did not... provide any other expansion opportunities. It was capped at the additional, I'm going to look at the number again, additional 15 units and then was modified for those two extra units. And it capped it at the 38 units.

Just as a matter of public policy, too, it's generally not a good idea to amend general plan and or zoning through development agreement. You're basically subverting the zoning by development agreement, which is really bad public policy.

It's a process that we've established and need to go through. Okay.

Which is why I'm guessing that the staff directed the applicants to go through the rezoning process. Okay.

You already did. TAKE ANY ACTION? YOU CAN TELL THIS IS HARD DECISIONS THAT THIS BODY HAS TO MAKE AND THEY KNOW THAT THEY, YOU KNOW, THEY'RE BEING GOVERNED BY OUR ORDINANCES THAT THEY HAVE TO FOLLOW AND YET THEY WANT TO DO WHAT'S BEST FOR OUR RESIDENTS AS WELL. SO I LIKE TO GIVE THEM THE TIME THEY NEED TO THINK ABOUT THE PATH THEY WANT TO GO FORWARD.

Madam Mayor, I make a motion that we deny the rezone request at approximately 1242 East Pleasant View Drive. Nice. And prior to that, can we close public hearing?

You can close the public hearing as part of the motion. So, yes, I'll entertain that.

I second it.

Okay, it's been moved and second to deny the rezone request. I'll do a roll call vote on this. Council Member Morris. Aye. Council Member Thomas.

Aye.

Council Member Bloxham. I'm going to abstain. I don't have enough information to make a decision. Okay.

Council Member Glendronals.

Aye.

Okay. Well, I've got the three votes required to deny the process, so I'm sorry. I know you guys fill a good void here, and we want you to continue to do so. So with that, Council, I'll bring it back around. That was our last item of business. So if there's no unfinished business, then I'll entertain a motion to adjourn.

I make a motion that we adjourn.

Okay, I'll acknowledge that motion. Thank you, everyone, for attending our city council meeting this evening, and travel home safely.

Thank you.