ITY Wednesday, February 10, 2016 NOTICE IS HEREBY GIVEN · Executive Director of the Utah Governor’s Office of Economic Development Val Hale. The actual start-up meeting for the

THIS AGENDA IS SUBJECT TO CHANGE WITH MINIMUM 24-HOURS NOTICE

CITY COUNCIL AGENDA

Wednesday, February 10, 2016

NOTICE IS HEREBY GIVEN that the Herriman City Council shall assemble for a meeting in the Herriman City Council Chambers, located at

13011 South Pioneer Street (6000 West), Herriman, Utah. 5:00 PM - WORK MEETING: (Front Conference Room)

COUNCIL BUSINESS A. Review of this evening’s agenda B. Administrative Reports

1. International Council of Shopping Centers (ICSC) Scheduling – Heather Upshaw, Senior Planner/Economic Development

2. Deer Mitigation Program Report – Justun Edwards, Water Director 3. Planning Update – Bryn McCarty, City Planner 4. Engineering Update – Blake Thomas, City Engineer 5. Legislative Session Discussion – Tami Moody, Director of Administration and

Communications 6. Council Work Session Topics – Brett Wood, City Manager and Tami Moody, Director

of Administration and Communications 7. Other Updates

C. Adjournment 7:00 PM - GENERAL MEETING:

1. CALL TO ORDER A. Invocation and Pledge B. Approval of Minutes January 13, 2016 RCCM C. Mayor’s Comments D. Council Recognitions

2. PUBLIC COMMENT: Audience members may bring any item to the Mayor and Council’s attention.

Comments will be limited to two or three minutes. State Law prohibits the Council from acting on items that do not appear on the agenda.

3. MAYOR AND COUNCIL COMMENTS

A. City Council Board Reports

4. REPORTS, PRESENTATIONS AND APPOINTMENTS A. Jordan Valley Water Conservancy District Report – Dave Martin, Jordan Valley Water Chief

Financial Officer and Linda Townes, Jordan Valley Water Public Information Manager

B. Jordan School District 5-year Report – J. Lynn Crane, Jordan School District Board of Education Member

THIS AGENDA IS SUBJECT TO CHANGE WITH MINIMUM 24-HOURS NOTICE

In accordance with the Americans with Disabilities Act, Herriman City will make reasonable accommodation for participation in the meeting. To request assistance, contact Herriman City at

(801) 446-5323. Please Provide at least 48 hours advance notice of the meeting

ELECTRONIC PARTICIPATION

Members of the city council may participate electronically via telephone, Skype, or other electronic means during this meeting.

CITIZEN COMMENT POLICY AND PROCEDURE

During each regular Council meeting there will be a citizen comment time. The purpose of this time is to allow citizens access to the Council. Citizens requesting to address the Council will be

asked to complete a written comment form and present it to Jackie Nostrom, City Recorder. In general, the chair will allow an individual two minutes to address the Council. A spokesperson,

recognized as representing a group in attendance, may be allowed up to five minutes. At the conclusion of the citizen comment time, the chair may direct staff to assist the citizen on the issue

presented; direct the citizen to the proper administrative department(s); or take no action. This policy also applies to all public hearings. Citizens may also submit written requests (outlining

their issue) for an item to be considered at a future council meeting. The chair may place the item on the agenda under citizen comments; direct staff to assist the citizen; direct the citizen to the

proper administrative departments; or take no action.

Certificate of Posting

I, Cindy Quick, the duly appointed, qualified, and acting Deputy Recorder of Herriman City, Utah, do hereby certify that the above and foregoing is a

full, true and correct copy of the agenda; it was emailed to at least one newspaper of general circulation within the geographic jurisdiction of the public body. The agenda was also posted at the principal office of the public body. Also posted on the Utah State Public Notice Website

http://www.utah.gov/pmn/index.html and on Herriman City’s website at www.herriman.org

Posted and Dated this 4th day of February 2016 Cindy Quick, CMC Deputy Recorder

5. CONSENT AGENDA

A. Approval of a resolution approving an Interlocal agreement with Jordan School District Board of Education – John Brems, City Attorney

B. Approval of a resolution authorizing various changes to the Policy and Procedures Manual – Travis Dunn, Human Resources Manager

6. DISCUSSION AND ACTION ITEMS

A. Discussion and consideration of a proposed text change to the Land Use Ordinance regarding Family Food Production (27Z15) – Bryn McCarty, City Planner

B. Discussion and consideration of a resolution of the City Council of Herriman City, Utah, authorizing the issuance and sale of not more than $9,100,000 aggregate principal amount of water revenue refunding bonds, series 2016 and related matters – Alan Rae, Finance Director

7. CALENDAR A. Meetings

February 17 – Special City Council Work Meeting 5:00 p.m. February 18 – Planning Commission Meeting 7:00 p.m.

B. Events February 11 – Valentine’s Cabaret; Herriman City Offices 7:00 p.m. February 12 & 13 – Valentine’s Cabaret; Herriman City Offices 6:00 p.m. & 8:30 p.m. February 14 – Valentine’s Day February 15 Presidents’ Day; City Offices Closed

8. CLOSED SESSION (IF NEEDED)

A. The Herriman City Council may temporarily recess the City Council meeting to convene in a closed

session to discuss the character, professional competence, or physical or mental health of an individual, pending

or reasonable imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah

Code Annotated §52-4-205

9. ADJOURNMENT

10. RECOMMENCE TO WORK MEETING (IF NEEDED)

11. SOCIAL GATHERING (No action will be taken on any items) A. Social Gathering will take place at McDonald’s; 5108 West 13400 South, Herriman, UT

CITY COUNCIL MINUTES

Wednesday, January 13, 2016 Waiting Formal Approval

The following are the minutes of the Regular City Council Meeting of the Herriman City Council. The meeting was held on Wednesday, January 13, 2016 at 5:00 p.m. in the Herriman City Community Center Council Chambers, 13011 South Pioneer Street (6000 West), Herriman, Utah. Adequate notice of this meeting, as required by law, was posted in the Community Center, on the City’s website, and delivered to members of the Council, media, and interested citizens.

Presiding: Mayor Carmen Freeman Council Members Present: Jared Henderson, Nicole Martin, Craig B. Tischner and

Coralee Wessman-Moser Staff Present: Brett geo. Wood, City Manager

Gordon Haight II, Assistant City Manager Cindy Quick, Deputy Recorder Tami Moody, Director of Administration and Communications John Brems, City Attorney Alan Rae, Finance Director Danie Bills, Events Manager Blake Thomas, City Engineer Cathryn Nelson, Chief Building Official Dwayne Anjewierden, Chief of Police Clint Smith, Unified Fire Authority Chief Justun Edwards, Water Director Monte Johnson, Operations Director Travis Dunn, Human Resources Manager Ed Blackett, Streets Manager

5:00 PM - WORK MEETING: (Front Conference Room)

4:59:37 PM COUNCIL BUSINESS Mayor Carmen Freeman called the meeting to order.

A. Review of this evening’s agenda B. Administrative Reports

1. 5:00:57 PM Herriman Chamber of Commerce Co-Op Presentation – Gordon Haight, Assistant City Manager

Herriman High School students presented their project idea to begin a Herriman Chamber of Commerce. The three goals of the project are to 1. Promote individual business growth in the area 2. Provide local networking opportunities 3. Collaborate with Herriman City to strengthen economic growth. According to a recently conducted survey 73 percent of business respondents indicated that they were interested in having a local chamber. 94 percent of those respondents were willing to contribute.

January 13, 2016 City Council Minutes Page 2 of 8

The students informed the Council that they have planned a dinner on January 14, 2016 to educate attendees about the project. John P. Covey has been asked to speak as well as Executive Director of the Utah Governor’s Office of Economic Development Val Hale. The actual start-up meeting for the project is scheduled for February 11, 2016. Councilmember Nicole Martin asked if they had the opportunity to discuss the project with the Southwest Valley Chamber of Commerce. This was confirmed. The most viable option for consideration would be to umbrella a local branch from the Chamber.

2. 5:12:41 PM Discussion relating to the Policy and Procedures Manual amendments – Travis Dunn, Human Resource Manager

Human Resources Manager Travis Dunn reviewed proposed policy and procedure manual changes to ensure updates are legally sound and put the City in the best position possible. The changes included: Section XIII – Employment Classifications, Section XVI – Reimbursable Expenses, Section XVII – Benefits, and Section XV – Payroll Administration.

3. 5:47:35 PM Discussion regarding the Parking Permit Program – Gordon Haight, Assistant City Manager

Assistant City Manager Gordon Haight presented the proposed Parking Permit Program ordinance that would, in essence, allow the City to consider approving programs in various locations throughout the community. The program would allow each participant be granted two permits and a guest permit for the cost of $25 with a replacement cost of $5. City Attorney John Brems suggested a higher replacement cost. Assistant City Manager Haight relayed the concern about individuals recreating the permit, and explained the process outlined to keep each permit unique and traceable. Penalties have been incorporated into the ordinance; however, enforcement is not included. Assistant City Manager Gordon Haight explained that the program was not designed to solve neighborhood problems and suggested the minimum number of participants in the proposed area should be 12 with at least 51% of the local residents in support of implementing the program in the area. Council consensus determined that the appropriate number of minimum participants should be ten. Councilmember Moser noted some numbering errors in the ordinance.

4. 6:08:54 PM Revised Reporting on Building Permit Activity – Cathryn Nelson, Building Official

Building Official Cathryn Nelson presented the proposed changes to the building permit reporting to accurately reflect construction activity, provide better projections and improve forecasts for staffing needs. She offered an explanation of the inaccuracies of the current reporting based on permit numbers alone.

5. 6:36:26 PM Snow fighter report – Ed Blackett, Streets Manager Streets Manager Ed Blackett enlightened the Council of the current winter season events. He displayed a map separating the zones and routes for each driver, and offered an explanation of coordinating schedules. Manager Blackett reviewed the total salt usage for the season and observed the lane miles associated with snow removal. Councilmember Craig B. Tischner commended the Streets Department in their effort to have the roads cleared on Christmas Day.

7. Other Updates

Mayor Freeman reviewed the Consent Agenda. No questions or concerns were expressed by the City Council.

C. 6:51:30 PM Adjournment COUNCILMEMBER MOSER MOVED TO ADJOURN THE WORK MEETING. COUNCILMEMBER TISCHNER SECONDED THE MOTION, AND ALL VOTED AYE.

7:00 PM - GENERAL MEETING: 1. CALL TO ORDER

Mayor Freeman called the meeting to order and welcomed the newly elected Council Members.

A. 7:10:16 PM Approval of Minutes November 17, 2015 SCCM; November 17, 2015 Board of Canvassers;


November 30, 2015; December 9, 2015; December 23, 2015; and January 4, 2016

COUNCILMEMBER MOSER MOVED TO APPROVE THE MINUTES OF NOVEMBER 17, 2015 SCCM AND BOARD OF CANVASSERS, NOVEMBER 30, 2015, DECEMBER 9, 2015, DECEMBER 23, 2015 AND JANUARY 4, 2016 AS CORRECTED. COUNCILMEMBER TISCHNER SECONDED THE MOTION, AND ALL VOTED AYE

B. 7:02:21 PM Invocation and Pledge The Invocation was offered by Isaac Oliphant, and the Pledge of Allegiance was led by David Oliphant.

C. 7:04:07 PM Mayor’s Comments Mayor Freeman announced that Herriman City received a grant from the Utah Governor’s Office of Economic Development in the amount of $25,000 to be used for the Herriman Trails project. He recognized staff for their help removing snow over the Christmas Holiday and expressed his appreciation for their efforts. He also noted that the Corridor Preservation funding had been approved and the City would receive $580,000 to be utilized for the extension of Herriman Parkway adjacent to the Herriman Cemetery.

D. 7:05:25 PM Council Recognitions Councilmember Moser explained to the audience that the Street Department cleared 1,270 lane miles snow from Herriman Streets on Christmas Day, and they are owed a debt of gratitude. Mayor Freeman agreed.

2. 7:06:19 PM PUBLIC COMMENT Steve Garrett, 5443 West Genoa Ct., expressed excitement for the City Council and look forward to the future of Herriman City. Councilmember Martin commended Mr. Garrett for staying actively involved in the City.

3. 7:10:52 PM REPORTS, PRESENTATIONS AND APPOINTMENTS A. FIRST Lego League of Herriman and South Jordan Presentation– Julie Stewart, FIRST

Coach Mayor Freeman informed the audience that Councilmember Moser and he met with the members of the FIRST Lego League of Herriman and South Jordan where they presented their annual project. Mayor Freeman requested that the FIRST Lego League should come and present to the City Council and Community. Julie Steward prefaced the FIRST Lego League, and explained that the members participate in a competition where a topic is received and the team would research the issue and search for a solution. The members, team Emperor Penguins, decided to research recycling because of the large scale of the issue. They recently visited the Trans-Jordan Landfill and gained a vast knowledge of the depth of the issue. There is too much recyclable material that is deposited into the landfill. Recycling rates are 47 percent nationwide and Salt Lake County recycling rate comes in at 50 percent. Each person discards an average of 3.4 pounds of garbage daily which accumulates to approximately 2,000 tons of garbage per day in Salt Lake County. The team explained what different items are recyclable.

B. 7:21:46 PM Conner Benjamin Eagle Scout Project Presentation – Danie Bills, Events Manager Danie introduced Eagle Scout Conner Benjamin, and noted that he went the extra mile for his Eagle Scout Project which included the installation of plaques for the Kidd and Eastman cabins. This young man went above and beyond, not only did he work closely with the History Committee to receive information relating to the cabins, but he received contributions totalling over $600 to make the idea become a reality. The plaques were installed December 19, 2015.


4. 7:27:26 PM CONSENT AGENDA A. Approval of a resolution appointing a City Recorder (Jackie Nostrom), Deputy City

Recorder (Cindy Quick) and Treasurer (Leslie Anglin) – Jackie Nostrom, City Recorder

B. Approval of a resolution electing a Mayor Pro Tempore for 2016 (Coralee Wessman-Moser) – Jackie Nostrom, City Recorder

C. Approval of a resolution appointing Craig B. Tischner to the Wasatch Front Waste and Recycling District Board – Jackie Nostrom, City Recorder

D. Approval of a resolution appointing Coralee Wessman-Moser to the Unified Fire

Authority Board and Fire Service Area Board– Jackie Nostrom, City Recorder

E. Consideration of a resolution approving an Interlocal Agreement between Herriman City and the Community Development and Renewal Agency of Herriman – John Brems, City Attorney COUNCILMEMBER MARTIN MOVED TO APPROVE THE CONSENT AGENDA AS WRITTEN. COUNCILMEMBER HENDERSON SECONDED THE MOTION. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously.

5. DISCUSSION AND ACTION ITEMS

A. 7:28:50 PM Discussion and consideration of an ordinance adopting a Parking Permit Program – Gordon Haight, Assistant City Manager Assistant City Manager Gordon Haight presented the parking permit program ordinance to the City Council, and explained that this would be a generic ordinance to be used anywhere within the City. The City Council would approve, expand or eliminate areas for the parking permit program. The ordinance would outline criteria notating where program may be incorporated. Assistant City Manager Haight outlined the permit costs. Potential program areas would require 51% of the immediate local residents approval in order to implement the parking program in the area in order for the Council to consider the request. Councilmember Moser asked if the ordinance could be amended in case the program fees need to be adjusted. This was confirmed. Mayor Freeman expressed comfort with the program due to the required public input prior to approval. Councilmember Martin asked to add the following wording to the ordinance: ‘whereas, we direct staff to review and evaluate the effectiveness of the established parking area after one year.’ In order to ensure progress properly align with the community goals are attained. Assistant City Manager Haight also reminded Council that the requesting area would have to consist of curb space fronting a minimum of ten contiguous residences as discussed in the work meeting.

COUNCILMEMBER MOSER MOVED TO APPROVE ORDINANCE NO. 2016-01 WITH THE FOLLOWING ADJUSTMENTS TO AUTHORIZE THE ORDINANCE RENUMBERING OF THE SUBSECTIONS AS OBSERVED IN THE CITY COUNCIL WORK SESSION, TO ADJUST THE TWO RESIDENTIAL UNITS TO TEN AND TO INCORPORATE THE LANGUAGE SUGGESTED BY COUNCILMEMBER MARTIN REGARDING REVIEW PERIOD AT THE END OF ONE YEAR AND WE’LL LEAVE THAT TO OUR LEGAL COUNSEL TO CREATE THOSE ITEMS BY ORDINANCE. COUNCILMEMBER MARTIN SECONDED THE MOTION. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Nicole Martin Aye Councilmember Craig B. Tischner Aye Mayor Carmen Freeman Aye


The motion passed unanimously.

B. 7:35:37 PM Discussion and consideration for adoption of a resolution authorizing the issuance and sale of not more than $9,100,000 aggregate principal amount of water revenue refunding bonds – Alan Rae, Finance Director Finance Director Alan Rae presented consideration for adoption of a resolution authorizing the issuance and sale of not more than $9,100,000 this will save $722,000 in fees over the next 18 years. He explained that this would not extend the bond, and would not require a public hearing. The parameters resolution would set the maximum rate of five-percent that the City is willing to accept and does not represent the actual terms that may be obtained. If the terms of the bond do not issue a benefit to the City as expected, the City will not proceed with the issuance. Councilmember Moser expressed her support due to the benefit that the City would receive. COUNCILMEMBER MOSER MOVED TO APPROVE RESOLUTION NO. R06-2016 AUTHORIZING THE ISSUANCE AND SALE OF NOT MORE THAN $9,100,000 AGGREGATE PRINCIPAL AMOUNT OF WATER REVENUE REFUNDING BONDS, SERIES 2016 BONDS, FIXING THE MAXIMUM NUMBER OF YEARS OVER WHICH THE SERIES 2016 BONDS MAY MATURE, THE MAXIMUM INTEREST RATE OVER WHICH THE SERIES 2016 BONDS MAY BEAR, AND THE MAXIMUM DISCOUNT FROM PAR AT WHICH THE SERIES 2016 BONDS MAY BE SOLD; PROVIDING FOR THE PUBLICATION OF A NOTICE OF BONDS TO BE ISSUED; PROVIDING FOR THE RUNNING OF A CONTEST PERIOD; PROVIDING FOR THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION AND RELATED MATTERS. COUNCILMEMBER TISCHNER SECONDED THE MOTION. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously.

C. 7:39:43 PM Discussion and consideration of the Herriman Live Capture and relocation Plan – Justun Edwards, Water Director Water Director Justun Edwards presented the Deer Mitigation Program utilizing both the “Lethal” and “Non-Lethal” removal methods which have been approved by the Utah Department of Wildlife. The lethal plan was approved by the City Council October 2015, and now it has been brought to the Council for consideration to approve the non-lethal method of removal. The capture and relocate plan was detailed. The adoption of the plan offers an alternative method of removal; however, does not require that the method is utilized. The Division of Wildlife agreed to donate the first 30 radio collars for the program. Future expenses of additional radio collars would be borne by Herriman City. Councilmember Moser asked the anticipated amount of additional collars would be needed. Director Edwards explained that calls are received daily regarding deer residing in neighborhoods, and added that he would not anticipate being able to capture each deer that is reported. Mayor Freeman relayed the benefit that has been utilized with the lethal removal. Director Edward informed the Council that the lethal method is preferred due to the decreased cost burden placed on the City and that the meat has been donated to families in the community. He explained that lethally removing animals in higher density areas is not conducive. City ordinance indicates that no bow is allowed to be discharged within 600 feet of a structure without consent of the property owner. Director Edwards recommended approval of the Live Capture and Relocation Plan.


COUNCILMEMBER HENDERSON MOVED TO APPROVE THE NON-LETHAL DEER MITIGATION PLAN AS PRESENTED. COUNCILMEMBER MOSER SECONDED THE MOTION, AND ALL VOTED AYE.

D. 7:55:38 PM Discussion and consideration of a resolution allowing an exception to the ordinance to allow three (3) flag lots on property located at 5724 West 12900 South (31S15) – Bryn McCarty, City Planner City Planner Bryn McCarty presented a resolution allowing an exception to the ordinance to allow three flag lots on property located at 5724 West 12900 South. The current ordinance allows one access for one flag lot. The applicant’s situation is that they had City Council approval in 2007, and because the plat had not been recorded, the approval has become null and void. City Planner McCarty relayed the Planning Commission denial recommendation due to the conflict with the current ordinance. It has always been the policy of the Planning Commission to only allow one lot on a flag lot. The subdivision ordinances exceptions states: “In cases where unusual topographic, aesthetic or other exceptional conditions exist or the welfare, best interests and safety of the general public will be usefully served or protected, variations and exceptions of this title may be made by the City Council after the recommendation of the Planning Commission; provided, that such variations and exceptions may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this title.” Mayor Freeman agreed that the current ordinance should be maintained; however, the history of this property suggests that an exception could be considered based on the 2007 approval. City Planner McCarty expressed her concern of future maintenance, ownership issues and safety concerns in allowing more than one parcel per flag lot. It was determined to take the long standing written policy and have it codified. Councilmember Martin questioned the basis that the exception was granted originally. Applicant Marie Pestana, 714 East Emerald Hills Drive, Bountiful stated that the original denial was based on the request to have four lots off of the single access. The proposal was appealed to the City Council in 2007 and approved based on the reduction of requested lots to three. The fire department has approved the access for the three lot subdivision. She expressed her concern that there would never be a viable access to the property in order to subdivide the property, and indicated that the family was not in a financial position to come up with the substantial cash bond for the sewer district. Councilmember Martin objectified the new ordinance, and suggested that by deviating from that would seem that the City Council was unsure of what they wanted to adopt. Councilmember Tischner suggested that the request would have been approved if the proposal was brought to the Council prior to the adoption of the current ordinance six months ago. Councilmember Moser disagreed due to the consistent practice of the unwritten policy only allowing one lot per access. She noted that their circumstances were compelling, but expressed her concern of setting precedence. Applicant Dale Johnson, 5734 West 12900 South informed the Council that it was always their intention to allow family to build homes on their property. Applicant Sharlene Johnson expressed her opinion that not allowing the subdivision would not be the best use of the property due to the limited access, and added that the only reasoning behind the plat not being recorded was financial. Councilmember Moser responded that there could potentially be a future access as the surrounding vacant property is developed. Councilmember Tischner explained that situations change, and expressed his support of the request. Assistant City Manager Haight explained the list of exceptions needs to be followed or change the ordinance, and suggested validating the request with one of the outlined exceptions. Councilmember Henderson suggested that the only possible use is “exceptional circumstances”, and questioned if that would sufficiently be adequate for future considerations of this nature. City Attorney John Brems recommended the Council to articulate the rationale for exceptions. Mayor Freeman asked Planning Commission Chair Clint Smith to enlighten the Council on the recommended denial. Chair Smith explained that the Commission was sympathetic to


the situation of the family, and that it had been standing practice not to allow more than one flag lot off of a single access. The property may not always be landlocked as future development in the area arises. Mayor Freeman questioned why there is the ability to allow an exception if justification does not exist. Councilmember Moser suggested that the Planning Commission could recommend approval of exceptions based on the criteria; however, one was not made. Councilmember Tischner expressed that exceptional conditions exist for this proposal based on a previous Council approving the request in 2007. Councilmember Martin responded that the prior approval was the only exception. Councilmember Henderson agreed. Assistant City Manager Haight indicated that standard practice was not to approve. Staff recognized failure in unwritten policies and moved forward with the codification of the policy. Councilmember Tischner asked if this item could be continued for additional research to be conducted. Councilmember Moser suggested that in order for the continuation, clear direction should be given to staff on what additional information should be provided. COUNCILMEMBER TISCHNER MOVED TO APPROVE RESOLUTION NO. R07-2016 APPROVING AN EXCEPTION TO THE SUBDIVISION ORDINANCE TO ALLOW THREE (3) FLAG LOTS TO BE ACCESSED BY ONE DRIVEWAY BASED ON THE EXCEPTIONAL CONDITION THAT EXIST BEING THE PREAPPROVAL FROM 2007. MAYOR FREEMAN SECONDED THE MOTION. The vote was recorded as follows: Councilmember Jared Henderson No Councilmember Coralee Wessman-Moser No Councilmember Craig B. Tischner Aye Councilmember Nicole Martin No Mayor Carmen Freeman Aye The motion failed with a vote 2:3.

6. MAYOR AND COUNCIL COMMENTS

7. CALENDAR A. Meetings

January 21 – Planning Commission meeting 7:00 p.m. January 27 – City Council work meeting 5:00 p.m.; City Council meeting 7:00 p.m.

Cancelled January 27 – Special Joint City Council/Planning Commission meeting 6:00 p.m.

B. Events January 18 – Martin Luther King Day; City Offices Closed

8. CLOSED SESSION (IF NEEDED) A. The Herriman City Council may temporarily recess the City Council meeting to convene in a closed session to discuss the character, professional competence, or physical or mental health of an individual, pending or reasonable imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated §52-4-205

9. 8:30:07 PM ADJOURNMENT COUNCILMEMBER MARTIN MOVED TO ADJOURN THE CITY COUNCIL MEETING. COUNCILMEMBER TISCHNER SECONDED THE MOTION, AND ALL VOTED AYE.

10. RECOMMENCE TO WORK MEETING (IF NEEDED) 6. 8:48:44 PM Engineering Update – Blake Thomas, City Engineer

City Engineer Blake Thomas informed the Council of three pending budget amendments that may be presented to the Council for consideration which include: 1. Drainage issue located on Cabin Trail Way 2. Main Street roundabout 3. 11800 South traffic median.

11. CLOSED SESSION (IF NEEDED) A. The Herriman City Council may temporarily recess the City Council meeting to convene in a closed

session to discuss the character, professional competence, or physical or mental health of an


individual, pending or reasonable imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated §52-4-205

COUNCILMEMBER MOSER MOVED TO TEMPORARILY RECESS THE CITY COUNCIL WORK MEETING TO CONVENE IN A CLOSED SESSION TO DISCUSS PENDING OR IMMINENT LITIGATION AND THE PURCHASE, EXCHANGE, OR LEASE OF REAL PROPERTY, AS PROVIDED BY UTAH CODE ANNOTATED §52-4-205. COUNCILMEMBER MARTIN SECONDED THE MOTION. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously. The Council reconvened by consensus in the work meeting 10:15 p.m. COUNCILMEMBER MOSER MOVED TO TEMPORARILY RECESS THE CITY COUNCIL WORK MEETING TO CONVENE IN A CLOSED SESSION TO DISCUSS THE CHARACTER, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OF AN INDIVIDUAL, AS PROVIDED BY UTAH CODE ANNOTATED §52-4-205. The vote was recorded as follows: Councilmember Jared Henderson Aye Councilmember Coralee Wessman-Moser Aye Councilmember Craig B. Tischner Aye Councilmember Nicole Martin Aye Mayor Carmen Freeman Aye The motion passed unanimously. The Council reconvened by consensus in the work meeting 10:24 p.m.

12. ADJOURNMENT COUNCILMEMBER MOSER MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 10:24 P.M. COUNCILMEMBER MARTIN SECONDED THE MOTION, AND ALL VOTED AYE.

13. SOCIAL GATHERING (No action will be taken on any items) A. Social Gathering will take place at McDonald’s; 5108 West 13400 South, Herriman, UT

This document constitutes the official minutes for the

Herriman City Council Meeting held on Wednesday, January 13, 2016

I, Jackie Nostrom, do hereby certify that I am the duly appointed, qualified, and acting City Recorder for Herriman City, of Salt Lake County, State of Utah. I do hereby certify that the foregoing minutes represent a true and accurate, and complete record of this meeting held on Wednesday, January 13, 2016.

S T A F F R E P O R T

DATE: February 4, 2016 TO: The Honorable Mayor and City Council FROM: Jackie Nostrom, City Recorder SUBJECT: Interlocal Cooperative Agreement with Jordan School District Board of

Education RECOMMENDATION: Approval of the Interlocal cooperative agreement with Jordan School District BACKGROUND: The agreement includes Herriman City, Riverton City, South Jordan, West Jordan, and Bluffdale, Salt Lake County represents the unincorporated portions of the county within the boundaries of the District. The agreement is to have a five year plan. The board will continue to provide the entities that are within the district with a five year plan that will be circulated by the board of education annually, as well as provide notice of any proposed changes and or amendments to the plan in order to allow the entities the opportunity to review and discuss the plan. There may also be instances where the entities may have to assist the district in property acquisition efforts and financial strategies.

DISCUSSION: The plan is to ensure a unified voice among the members of the agreement to enable proper financing of school facilities as well as operations. The plan is outlined as follows:

1. Elements of the Plan a. The type of each facility contemplated; b. The anticipated, approximate time each facility will be constructed and

operational; c. The anticipated, approximate location of each facility; d. The anticipated, approximate cost of each facility; and e. The anticipated funding mechanism for each facility.

2. Land for facilities a. Avoids areas planned for commercial, office and mixed use development

identified in General Plans of the Cities. b. Maximizes student ability to walk to schools; c. Avoids locating school buildings in high traffic areas including major and

minor collector streets; and d. Complements the land use planning of the Cities.

City Council Page 2

In order to promote a collaborated vision of the parties, the mayor of each city or designee will be allowed to attend and participate in Board meetings. Participating will include “sitting-at-the-table” with Board members, engaging in discussions, asking questions, making requests, offering opinion, but will not be a voting member of the board or attend closed meetings under the Utah Open Meetings Act unless they are invited to participate in the closed meeting where the interested Mayor(s) does not have a conflict of interest with respect to the real estate disposition or acquisition. The regular meetings of the Board of Education will be held on the 2nd and 4th Tuesday of each month. ALTERNATIVES:

The Council may determine not to enter into the agreement or the agreement may be terminated upon the mutual written consent of all parties. FISCAL IMPACT:

None.

1

HERRIMAN, UTAH RESOLUTION NO. 16-

A RESOLUTION OF THE CITY COUNCIL OF HERRIMAN APPROVING THE ADOPTION OF AN INTERLOCAL COOPERATIVE WITH THE BOARD OF

EDUCATION OF JORDAN SCHOOL DISTRICT

WHEREAS, the Herriman City Council (“Council”) met in a regular session on February 10, 2016, to consider, among other things, approving an Interlocal Cooperative Agreement with the Board of Education of Jordan School District; and

WHEREAS, the Utah Local Cooperation Act (Utah Code Ann. § 11-13-101, et seq.) (the “Act”) provides that any two or more government entities are authorized to enter into agreements with each other, upon resolutions to do so by the respective governing bodies, to do what each agency is authorized by law to perform; and

WHEREAS, Herriman and the Jordan School District are government entities, as contemplated in the Act; and

WHEREAS, the Council has determined that it is in the best interest of the inhabitants of Herriman to enter into an Interlocal Cooperative Agreement with Jordan School District, a copy of which is attached hereto (“Agreement”).

NOW, THEREFORE, BE IT RESOLVED that the Agreement is approved, and the Mayor and Recorder are hereby authorized and directed to execute and deliver the same.

This Resolution, assigned No. 16-__, shall take effect immediately on passage and acceptance as provided herein.

PASSED AND APPROVED by the Council of Herriman, Utah, this 10th day of February, 2016.

HERRIMAN CITY COUNCIL By: ______________________________________ Carmen Freeman, Mayor

ATTEST: ________________________________ Jackie Nostrom, City Recorder

INTERLOCAL COOPERATION AGREEMENT

This Interlocal Cooperation Agreement ("Agreement") is entered among the following entities:

1. the Jordan School District ("District") acting through its elected Board of Education (the "Board");

2. five cities including the City of Bluffdale, Herriman City, Riverton City, the City of South Jordan, and the City of West Jordan; and

3. Salt Lake County representing unincorporated portions of the County located within the jurisdictional boundaries of the District, including also the Township of Copperton.

The five cities and the unincorporated areas of Salt Lake County are jointly referred to as the "Cities". The District and the Cities which choose to execute this Agreement are jointly referred to as the "Parties".

Recitals

1. The Parties are public agencies as defined by Chapter 11-13, UTAH CODE ANN. (the "Interlocal Cooperation Act"). Section 11-13-202 of the Interlocal Cooperation Act provides that any two or more public agencies may enter into an agreement with one another for joint or cooperative action.

2. The desired mutual goal ("Mutual Goal") of the Parties is to provide school children attending District schools with a quality education at a reasonable cost to taxpayers by financing and building appropriate schools in the appropriate places at appropriate times.

3. The parties believe that the Mutual Goal can be furthered by meaningful collaboration among the District, the Board, and the Cities. To that end, the Parties acknowledge that if the District and the Cities are able to reach consensus on the topics addressed below, such will enhance and promote the Mutual Goal.

Agreement

1. Rolling Five-year Plan: The Board will continue to provide the Cities with its current five year plan (the "Plan") describing anticipated school buildings and administration facilities to be constructed or remodeled ("Facilities" or "Facility") within the District. To promote collaboration among the District and the Cities, the Plan will be circulated by the Board to the Cities annually, and notice of proposed changes or amendments to the Plan will be provided, with the intent to allow the Cities an opportunity to review and discuss the Plan with the Board, including also opportunities for the Cities to assist the District in property acquisition efforts and financing strategies.

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It is the intent of the Parties that the Plan will facilitate a unified voice among the District and the Cities to enable adequate financing of school facilities and operations, as well as locating properties for such facilities in appropriate locations and for a cost acceptable to taxpayers, the Cities and the District. The Cities will provide information they may have available to the District relative to population growth, land use planning, and economic development which the Parties mutually identify as relevant to the Plan.

a. Elements of the Plan: The Plan will include the following elements:

1. the type of each Facility contemplated;

11. the anticipated, approximate time each Facility will be constructed and operational;

111. the anticipated, approximate location of each Facility;

IV. the anticipated, approximate cost of each Facility; and

v. the anticipated funding mechanism for each Facility.

b. Landfor Facilities: With regard to purchasing or retaining land for Facilities, together the Board will work with the Cities to identify appropriate locations for Facilities. The District will acquire land or site Facilities in a manner which, where possible, results in the following:

1. avoids areas planned for commercial, office, and mixed use development identified in the general plans of the Cities;

IL maximizes student ability to walk to schools;

111. avoids locating school buildings in high traffic areas including major and minor collector streets; and

IV. complements the land use planning of the Cities.

2. Mayor Participation in Jordan School Board Meetings: To promote collaboration as envisioned by the Parties, the mayor of each of the Cities or the designee of a mayor ("Mayor" or "Mayors"), will be allowed to "attend and participate" ("Participate") in Board meetings. Participate includes "sitting-at-the-table" with Board members, engaging in discussions, asking questions, making requests of the Board, offering opinion and perspective, but does not include voting. The Parties understand and acknowledge that attendance and participation includes all Board meetings, except those closed to the public under the Utah Open Meetings Act unless otherwise set forth in this Agreement.

The Mayors recognize that the primary right and responsibility of operating the Jordan

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School District lies with the Board. The Parties also acknowledge that State law provides that Mayors Participate in Board meetings as currently set forth in UCA § 53A-3-409(3). The Jordan School District shall give the Mayor( s) at least 24 hours' notice of each meeting or the best notice practicable of each meeting that is a closed meeting held for the purpose of discussing the Board's disposition or acquisition of real property. Mayor( s) may inquire of the District whether the property involved is in the Mayor(s) jurisdiction or an adjacent jurisdiction and such interested Mayor( s) are invited to participate in such closed meeting where the interested Mayor( s) does not have a conflict of interest with respect to the real estate disposition or acquisition. The Cities acknowledge and agree that their respective Mayors will not publicly disclose any information discussed in a closed session meeting unless and until such information has been made public by the Board unless or until information disclosed in the closed meeting has been made public by the Board or District, no Mayor shall use or divulge information obtained in a closed meeting to negatively impact or otherwise impair the District's ability to consummate a proposed purchase, sale, exchange, or lease of real property even in the event of a disagreement between the Board and Mayors regarding the proposed transaction.

To facilitate the attendance of Mayors, the regular meetings of the Board will be held on the 2nd and 4th Tuesday of each month. Emergency and special meetings may be scheduled as needed in the discretion of the Board. As currently provided by State law, the Board will provide notice of all meetings to each Mayor. Unless otherwise directed by a Mayor, such notice may be accomplished by contacting the City Recorder of each City. Each city will provide the District with an updated list of contact infonnation for those individuals to be notified.

In the event the Mayors' current statutory right to participate in Board meetings is clarified or amended by future legislation, the terms of such legislation shall supersede the provisions of this paragraph.

3. Collaboration Regarding District Real Property: To successfully implement the Plan contemplated in this Agreement, the Parties recognize the importance of collaboration to develop a unified message to the taxpayers of the Cities and of the Board relative to any real property assets of the District ("Assets"), financing necessary and desired school facilities and operations, at an acceptable cost to the taxpayers, in appropriate locations

The Mayors desire input into the design philosophy, the construction philosophy, and decision making philosophy regarding Facilities to the end of facilitating a plan to accommodate growth of the District which is acceptable to voters who will fund future District operations. To facilitate the collaboration of the Parties in regards to school Facilities, the Board and the Cities agree to the following which shall occur before any action is taken to (i) build or remodel Facilities, (ii) to place a bond measure on the ballot to raise taxes for funding Facilities, or (iii) to acquire, lease or dispose of Assets.

a. Current Status of Information, Processes and Philosophy: Through the Rolling Five-year Plan the District and the Board will annually update the Mayors on the District's plans regarding the design and construction of Facilities, and plans to raise taxes for funding Facilities.

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b. Consideration of the Advisory Board Recommendations: The Board will consider the recommendations in the document titled "Report of the New Building Design Advisory Group, as specified in the Interlocal Agreement of July, 2014." The recommendations of the committee will be used in the process the District has in place for the planning, construction, and operation of facilities ("District Process"). In the event the Board disagrees with any or all of the Advisory Group recommendations, the Board shall have no obligation to adopt the recommendations.

c. Review of the Plan, the District Process, and the Assets: As needed, the Previously formed Advisory Group involving one member of the Board, one Mayor, and one District staff member may continue to make recommendations to the Parties as to modifications to the District Process, modification to and implementation of components of the Plan, and to address, in a manner acceptable to the Parties, the following issues:

1. the disposition of Assets;

11. design and construction methods to assure the most efficient and effective use of taxpayer dollars including cost saving building methods, energy saving building methods, unnecessary building features, use of land, low cost and low maintenance landscape designs and features , construction ti1nelines, and ways to reduce change orders; and

111. the use of "outside" or "third party'' design and construction professionals in the District Process.

4. Future Relationship of Collaboration/Dispute Resolution: The Parties agree to work collaboratively together for the promotion and benefit of the children attending schools in the District. Issues, concerns, or suggestions brought to the attention of the Board and the Mayors will be given thoughtful and deliberate consideration in the process of forming opinions and in decision making.

Although the five cities within the Jordan School District boundaries, the Township of Copperton, and unincorporated areas in Salt Lake County, are referred to collectively as the Cities, it is the intent of the Parties who execute this Agreement that this Agreement apply to the Board and to each entity comprising the Cities individually. The decision by any entity comprising the Cities to not sign this Agreement shall not affect the intent and mutual commitments of the entities that do sign. Should all entities which comprise the Cities not execute this Agreement, the term Parties shall refer collectively to the District acting through its Board and those entities which comprise the Cities which do execute this Agreement.

In the spirit of mutual collaboration, in the event of a disagreement regarding the interpretation of the terms of this Agreement, or any Party's compliance with same, written

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notice of the disagreement or alleged non-compliance shall be submitted to the Parties to this Agreement. Any Party alleged to be in breach of this Agreement shall have a minimum of 30 days after receipt of written notice of the alleged breach in which to cure same. The Parties agree to work together in a good faith effort to resolve the disagreement or alleged breach before resorting to any other remedy that may be available at law or in equity.

5. Legislative Concerns Impacting the Parties: The parties agree to inform each other regarding their legislative priorities by January 1 each year during the term of this Agreement.

6. Term of this Agreement: The Parties acknowledge that a significant motive for this Agreement is to implement a framework within which the trust necessary among the Parties can develop to sustain the Mutual Goal and the principles cited in this Agreement, without resort to mandates in State law or other external tools. In addition, it is a significant motive of the Board to avoid efforts by one or more Cities to create one or more new school districts from within the current District boundaries. To that end, it is intended that this Agreement will remain in effect through July 31 of the year after its Effective Date, which for purposes of this paragraph shall be considered to be the latest date indicated on the signature lines below. The Parties, unless otherwise required by their respective codes or rules, mutually agree to extend the duration of this Agreement for up to three successive one-year terms, without other formalities, unless one or more of the Parties notify the other Parties of its intent not to renew in writing 60 days prior to the beginning of a new term.

7. Termination of this Agreement. This Agreement may be terminated as follows:

a. Upon the mutual written consent of all Parties:

b. By the District or by the Cities, by written notice to each of the Mayors and Board President respectively, within 30 days of the initiation of the process to create a new school district pursuant to the provisions of Utah Code Ann. § 53A-2-118 or 53A-2-118.1.

8. No Separate Entity/Purpose/ Administration. This Agreement shall not create any separate legal or administrative entity or body. There shall be no joint acquisition or ownership of property and, therefore, it will not be necessary to dispose of property on the termination of this Agreement. Rather, the purpose of this Agreement is to provide a framework for the collaboration among the parties to achieve the mutual goals of this Agreement. Each party shall be responsible for its respective properties, operations, expenses, and budgets.

9. Effective Date. This Agreement will not take effect until:

a. it has been approved by all Parties, as required by Utah Code Ann. § 11-13-202(2),

b. it has been submitted to the attorney authorized to represent each Party for

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review as to proper form and compliance with law, as required by Utah Code Ann.§ 11-13-203, and

c. it has been filed with the keeper of records of each Party, as required by Utah Code Ann.§ 11-13-209.

10. Interlocal Cooperation Act: The Parties acknowledge that this Agreement is subject to the Interlocal Cooperation Act and agree (i) to the provisions and procedures contained in the Act, and (ii) to process, approve, manage, and archive this Agreement in accordance with the provisions of the Act.

Date

Date

IN WITNESS WHEREOF that Parties have executed this Agreement as indicated below.

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Jordan School District

Susan Pulsipher Board President

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Herriman City

Carmen Freeman Mayor

Attorney for Herriman City:

Attorney for Jordan School District

Reviewed: form and compliance with law

ATTEST:

City Recorder


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Date

Date

Date

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City of Riverton

William R. Applegarth Mayor

Attorney for Riverton City:


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City of South Jordan

David L. Alvord Mayor

Attorney for City of South Jordan


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City of West Jordan

Kim V. Rolfe Mayor

ATTEST:

City Recorder

ATTEST:

City Recorder

ATTEST:

City Recorder

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Date

Date

Attorney for City of West Jordan


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City of Bluffdale

Derk Timothy Mayor

Attorney for City of Bluffdale


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Unincorporated Areas of Salt Lake County within Jordan School District, Boundaries including Township of Copperton

Ben McAdams Mayor

Attorney


ATTEST:

City Recorder

ATTEST:

Salt Lake County Recorder

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DATE: 02/01/2016 TO: The Honorable Mayor and City Council FROM: Travis Dunn, Human Resources Manager SUBJECT: Discussion of Policy and Procedure Updates RECOMMENDATION:

To approve the updated sections of the Herriman City Policy and Procedures manual. Section XIII- Employment Classifications Section XVI- Reimbursable Expenses Section XVII- Benefits Section XV- Payroll Administration

BACKGROUND:

The Mayor and City Council provided some initial updates to the policy sections listed above on January 13, 2016. These updates have been included in the final proposals for approval. I have only tracked the changes recommended by the Mayor and City Council from the recent Work Meeting. DISCUSSION:

With the updates and changes from the previous Work Meeting, I am hoping for a vote of approval for these sections. ALTERNATIVES:

The City Council may decide to keep the current manual sections, or amend as necessary. FISCAL IMPACT:

NONE

HERRIMAN, UTAH RESOLUTION NO.

A RESOLUTION APPROVING AN AMENDMENT TO THE HERRIMAN CITY

POLICY AND PROCEDURE MANUAL WITH RESPECT TO GRIEVANCE PROCEDURES AND TERMINATION OF EMPLOYMENT PROCEDURES

WHEREAS, the Herriman City Council (“Council”) met in regular session on February 10, 2016, to consider, among other things, approving an amendment to the Herriman City Policy and Procedure Manual with respect to grievance procedures and termination of employment procedures; and

WHEREAS, various amendments to the Herriman City Policy and Procedures Manual have been presented to and reviewed by the Council, copies of the amendments are attached hereto; and

WHEREAS, the Council desires to adopt the attached amendments. NOW, THEREFORE, BE IT RESOLVED that the attached amendments be approved and inserted in the appropriate places in the Herriman City Policy and procedures Manual and the same be communicated to all Herriman employees. THIS RESOLUTION, assigned No. ____, shall take effect immediately upon passage and acceptance as provided herein.

PASSED AND APPROVED this 10th day of February 2016. HERRIMAN By:________________________________ ATTEST: Carmen Freeman, Mayor _______________________________ Jackie Nostrom, City Recorder

SECTION XIII: EMPLOYMENT CLASSIFICATIONS/COMPENSATION 1. GENERAL POLICY. The City will pay at least minimum wages and overtime to all employees except those who are specifically exempt from minimum wage and overtime under the Fair Labor Standards Act (FLSA) of 1938. The City will also follow equal pay practices for all employees doing similar work which requires equal skill, effort, and responsibility and are performed under similar working conditions in accordance with the Fair Labor Standards Act of 1938 and the Equal Pay Act of 1963.

2. EMPLOYMENT CLASSIFICATIONS. There are three classifications of employees within Herriman:

A. Full-time. An employee hired for an indefinite period in a position for which the normal work schedule is thirty (30) hours or more per week. Full-time employees may or may not qualify for specific City benefits. B. Part-time. An employee hired for an indefinite period in a position for which the normal work schedule is less than thirty (30) hours per week. Part-time employees who are normally scheduled to work less than thirty (30) hours per week may not qualify for some City benefits. C. Temporary. An employee hired for a position which is required for only a specific, known duration, usually less than six (6) months or hired for a position which is required only for the summer or winter months (seasonal or internships). Temporary employees do not qualify for City benefits.

3. EMPLOYMENT STATUS. To facilitate provisions of the Fair Labor Standards Act, employees shall also be classified as either exempt or nonexempt, with respect to eligibility for overtime payment. They shall be defined as:

A. Exempt. Positions of a managerial, administrative, or professional nature, as prescribed by Federal and State Labor Statutes shall be exempt from minimum wage and mandatory overtime payment regulations. B. Nonexempt. Positions of a clerical, technical, or service nature, as defined by Federal and State Labor Statutes, which are covered by provisions for minimum wage and mandatory overtime payment regulations.

4. WORK WEEK.

A. For most administrative positions the work week begins on Friday at 12:00:00p.m. (noon) and ends on the following Friday at 11:59:59a.m.

B. For most operational and water positions the work week begins Thursday at 12:00:00a.m. (midnight) and ends on the following Thursday at 11:59:59p.m. C. Certain employees may require alternative workweeks. These positions will have the workweek communicated to them at hire or before the start of the pay period.

5. ATTENDANCE. Employees are expected to be available to work during their scheduled work weeks and shall be in attendance at their work stations during normal working hours, as directed by the employee’s supervisor. 6. COMPENSATORY TIME OFF.

A. Compensation time off will be accumulated at the overtime rate of one and one-half (1 and 1/2) hours for every hour of overtime worked (see below for examples of hours worked). B. Employees may receive compensatory time off in lieu of overtime pay only if approved in advance by the employee’s supervisor. The employee’s supervisor reserves the right to schedule when an employee’s accrued compensatory time will be used. Written employee requests, to use their accumulated compensation time during specific dates and times, must be approved by the employee’s supervisor, who shall honor the requests, unless granting the compensatory time off would create a substantial hardship for the City. C. Not more than eighty (80) hours of compensatory time may accrue at any time during the calendar year, or forty (40) hours of compensatory time may be carried over from calendar year to calendar year. Any additional compensation time that exceeds such eighty (80) hours during the calendar year or forty (40) hours, as of December 31 of each year, shall be paid in monetary overtime compensation.

7. OVERTIME PAY. A. Overtime applies for all hours worked over forty (40) hours in a work week and shall be compensated at the rate of one and one-half (1 and 1/2) times the employee’s regular hourly rate. The following examples will be considered hours worked: holiday time, vacation time, or time attending mandatory training, seminars, conferences, or briefings; Paid Time Off (PTO) time will not be considered hours worked. B. Overtime must be approved by the employee’s supervisor before hours are worked by the employee. Overtime shall be authorized for personnel only when

absolutely necessary to provide required services. Violation of this policy may result in disciplinary action.

8. CALL OUT PAY. Nonexempt employees, who are called to work by a supervisor during other than normal business hours, shall be paid for a minimum of two (2) hours of work for the first “call out” per day. Such two (2) hours shall start at the time of the notice of the call out. Notwithstanding the above, such two (2) hours shall be reduced by such time that is include within normal business hours (for example if a call out is initiated at 7:00 a.m. and the employees normal business hours start at 8:00 a.m. then call out pay will be reduced by one hour). Employees who are on call may pursue personal activities during on-call status but are expected to respond to the call and travel to work within a reasonable amount of time. 9. TIME SHEETS. Employees will complete and sign, as verification of accuracy, an approved Employee Time Sheet showing all hours worked, including overtime, and submit the time sheet to the employee’s supervisor for examination, approval, and filing.

SECTION XVI: REIMBURSABLE EXPENSES AND TRAVEL 1. GENERAL POLICY. With prior approval, legitimate expenses will be reimbursed by the City to the employee. Receipts are required to reimburse the employee. Reimbursement will usually be made to an employee on their next paycheck and following the submission and approval of receipts. Records must be kept, reflecting the amount of reimbursement each employee has received. 2. TRAINING AND CONFERENCES. If attending mandatory training, seminars, conferences, or briefings, an employee will be compensated, in addition to paying any tuition or fees, according to The Fair Labor Standards Act for overtime and hours worked. 3. TRAVEL POLICY. The general rule is that employees will be compensated for all time traveling according to the Fair Labor Standards Act. Certain exceptions may apply like the travel is overnight and outside of regular working hours and on a common carrier and where no work is done.

A. All travel outside of City limits during work hours shall be authorized by the employee’s supervisor. A log of all such travel may be requested. This log shall include the reason for the trip, the time the employee departed, and the time the employee returned, and vehicle used. B. Travel for legitimate City purposes in City vehicles may be authorized when the use of the vehicle does not detract from the operational needs of the City. Overnight use of City vehicles for travel purposes shall be authorized by the employee’s supervisor. C. If travel is outside the range of service of the City’s repair shop, travel costs in conjunction with the use of City vehicles shall be paid by the employee with receipts being kept for reimbursements. D. Travel over 75 miles from Herriman the employee’s normal place of work must be approved by the employee’s supervisor. E. Prior to traveling, employees will be responsible to research and provide information to the employee’s supervisor with estimated travel costs, fees, and accommodations. Estimated costs will be reviewed by the supervisor, City Manager and Human Resources to ensure practicality and budgetary means are followed. If such recommendations and approval in advance are not possible, the City shall reimburse to the employee the amount of the cost of such sleeping and travel accommodations after receiving the appropriate receipts to verify the employee has expended their own money for such

purposes. Failure to produce a receipt in such circumstances will necessitate the withholding of reimbursement. Receipts for hotel accommodations shall be turned into the City by the employee as a verification of attendance no matter what the form of payment. F. Use of an employee’s personal vehicle may be authorized when circumstances warrant. The employee shall keep track of the mileage associated with the approved travel and submit a request for reimbursement to payroll based upon this record. Mileage reimbursement will be paid at the rate set by the IRS. G. All registration fees, etc., will be paid in advance. If this is not possible, the employee will be reimbursed for their own expenditure for registration fees, etc. after presentation of a valid receipt in conjunction with previously authorized travel. H. The actual, reasonable expenses incurred shall be reimbursed to employees with respect to travel. No reimbursement will be paid for personal expenses or items of personal convenience or for spouses or other travelers with employees. I. If an employee is at a required training during the lunch hour, lunch will be

provided for, or reimbursed by, the City. J. Annual training for each department is subject to the discretion of the department director and must be approved by the department director in accordance with budget allowances. K. All training will be tracked by the employee’s department in conjunction with Human Resources.

SECTION XVII: BENEFITS 1. WORKERS COMPENSATION. All employees and City sponsored volunteers are

covered by Workers Compensation which provides medical reimbursement and disability benefits for job-related illness or injury. A. Reporting the accident or illness is critical to qualify for payment under workers

compensation. If an employee is injured while on the job, no matter how minor, the circumstances should must be reported to Human Resources immediately. It is requiredThe employee must complete a Form 122 (First Report of Injury or Illness) is filled outand give it to Human Resources. , Human Resources will then be responsible to send a copy must be sent to the insurance carrier and a copy mustwho will submit the claim be sent to the Industrial Commission (which is a division of the Labor Commission) within seven (7) days of the date of injury.

B. Employees injured on the job must seek appropriate medical attention from the City’s recommended medical facility, except in the case of an emergency. It is the responsibility of the employee to tell the doctor the injury happened on the job and should be billed as a workers compensation claim. The doctor will complete a medical report and copies of this report should be sent within seven (7) days to the insurance carrier, the Industrial Commission, and to the injured worker (Please Note: Do not submit doctor or hospital bills for on-the-job injuries or illness to the regular medical plan).

C. An employee does not accrue benefits while receiving workers compensation payments. The employee is responsible to contact Human Resources for additional information on compensation and benefits coverage.

D. Employees may use accrued vacation, compensatory time, or PTO to make up the difference between workers compensation benefits and their base pay.

E. Employees are required to provide medical status reports while off the job by contacting the employee’s supervisor or department director to report on their condition. Failure to provide the required medical status reports may result in revocation of the leave and/or disciplinary action.

F. All employees must return to work after the approval of the attending physician. A statement from the attending physician stating the employee is able to resume normal or modified duties will be required before returning to work. Failure to return to work when directed may result in disciplinary action.

G. With doctor approval, employees may be released for light duty with the employee’s supervisor approval. Supervisors will work with the employee for light duty responsibilities. An employee who is able to return to work in light duty

status may be required to work in a different department and perform duties not contained within their current job classification.

H. At the time of final release or settlement of a workers compensation claim, if no vacancy exists, and, if a reasonable effort, which has proven to be unsuccessful, has been made to place the employee in another position, the employee may be terminated and paid any accrued benefits due unless the employee is protected by an additional Federal Law.

2. SOCIAL SECURITY/FICA. Contributions of the employee and the City will be made in accordance with the provision of the law. The City has not opted into Social Security. Therefore, earnings from this job are not covered under Social Security. When an employee retires, or if he/she become disabled, they may receive a pension based on earnings from this job. If they do, and they are also entitled to a benefit from Social Security based on either their own work or the work of their husband or wife, or former husband or wife, their pension may affect the amount of the Social Security benefit they receive. Medicare benefits, however, will not be affected. 3. INSURANCE. All insurance products provided by the City are benefits and are not guaranteed. Each year and in accordance to approved budget, benefit coverage and premium costs will be evaluated. Insurance is provided to regular full-time employees.

A. Medical and Dental Insurance. Subject to approved budget line item(s) for such, the City generally pays a portion of the cost of health and dental insurance for an employee and their family.

B. Life Insurance. As part of health insurance coverage, if any, a bBasic life insurance policy is may be provided for each employee.

C. Disability Insurance. The City may also provide short-term and/or long-term disability insurance as budgeted.

D. Insurance Termination, Transition, and Conversion. (1) Termination. When an employee is terminated from employment with the

City, the City will cease making contributions to the employee’s insurance plans.

(2) Transition. Certain circumstances may require an employee to not have enough working hours or paid time off to cover their insurance premiums. In cases requiringIf an employee is unable to Work for the City for longer than three (3) months, arrangements may be made with Human Resources for the employee to pay the additional premiums required. Medical/Health

Insurance, Dental and Life Insurance may be converted on termination in accordance with the terms of the individual policies. This is an individual responsibility that should be made directly between the individual employee and the City.

(3) Conversion to COBRA. (a) The Consolidated Omnibus Budget Reconciliation Act (COBRA)

of 1985 is available for those employees who resign or are terminated from employment or if work hours are reduced which makes the employee no longer eligible to participate in the state group health insurance plans. Employees may have the right to continue to participate in a COBRA program through the state for up to eighteen (18) months at the employee’s expense, subject to current state and federal law. The administration of this plan for the City is through a third-party provider who will coordinate the process and provided the required information and deadlines. Employees who elect COBRA coverage will be required to pay the full premium amount for the selected insurance plans plus any additional administrative fees accepted under the law.

(b) Eligible dependents may also extend coverage, at their expense, for up to thirty-six (36) months through the state health insurance plans in the event of the employee’s death, divorce, legal separation, or entitlement to Medicare benefits, or when a child ceases to be eligible for coverage as a dependent under the terms of the plan, subject to current state and federal law.

4. STATE AND FEDERAL UNEMPLOYMENT. All employees whether regular, part time, or temporary are covered by the benefits of State and Federal Unemployment. 5. CONTINUING EDUCATION. Employees are encouraged to obtain continuing education through attendance at job-related seminars or continuing education. This benefit can be provided to regular part-time and full-time employees. Requests for this benefit must be approved in advance by the employee’s supervisor.

A. Training Required by the City. When the City requires an employee to attend any education or training course, conference, seminar, or certification course, the City will provide the necessary time off with pay and will reimburse the employee for all associated costs including tuition or registration fees, authorized travel, meals, and lodging.

B. Higher Education and Tuition Reimbursement. Employees are encouraged to further their education and pursue a bachelor’s or master’s degree that will enhance their job performance with the City. Subject to an approved budget line item(s) and employment for at least one year and upon advance approval of the employee’s supervisor, and City Manager and upon successful completion of relevant training courses, employees shall be reimbursed for 80% of unreimbursed tuition (e.g. tuition not covered by scholarship, G.I. Bill or Pell Grants) not to exceed $4,000 per fiscal year upon presentation of proper receipts. Proof of successful completion will include one of the following: (1) A certificate indicating successful course completion from an accredited

university. (2) A grade point average of 2.4 or higher on a 4.0 (A, B, C, D) scale. (3) A grade pass on a pass/fail grading system. (4) Class(es) must be completed within the same fiscal year for which the

reimbursement is claimed. C. Employees who are reimbursed for tuition must continue to work for the City

after their education is complete based on the amount of reimbursement paid and the years of credit they receive on a one-for-one basis. For example, for one year of college credit obtainedattended by an employee for which reimbursement has been paid pursuant to a continuing education program, one year of employment is required. If the employee leaves employment during the required employment period, an amount of reimbursement will be calculated, and the employee will be required to pay the City such amount through a personal payment plan or through a payroll deduction if the payment does not conflict with compensation laws.

D. An exception to the repayment requirement may be granted by the City ManagerCouncil.

6. RETIREMENT SYSTEM. Additional details are available from the Utah Retirement System and Human Resources.

A. All full-time City employees are covered by the Utah State Retirement System, unless otherwise authorized by the City Council according to State Law. (This is in addition to their Social Security or equivalent coverage).

B. All part-time City employees are covered if required by state law. C. The cost of this program is paid for by the City and the employee in the

percentages as set by state law.

E. The City may also provide a match for a 401(k) or 457 type contribution as budgeted from time to time by the City Council.

SECTION XV: PAYROLL ADMINISTRATION 1. PAY PERIODS. The Fair Labor Standards Act requires that

wages be calculated on a weekly basis for employees not working in “public safety” activities, unless an exception is granted by the Department of Labor.

2. PAY DAYS. Paydays are every other Friday (26 pay periods per year). If the Friday is on a holiday, then payday shall be the preceding day. The City pays employees for the two preceding weeks from the Friday payday (i.e. if the payday falls on Friday July 10, the weeks paid will be June 19 through July 3).

3. MINIMUM WAGE/SALARY. The Fair Labor Standards Act requires that Herriman pay an employee at least the minimum wage, minus the legally required pay deductions.

4. PAY DEDUCTIONS. The City is permitted to withhold deductions authorized by the employee and/or at the direction of a state or federal agency for garnishments with proper legal documentation and in compliance with the Fair Labor Standards Act. An improper deduction should be immediately reported (normally within 48 hours after being paid) to payroll. In the event of an improper deduction, the City will reimburse the employee for any such improper deduction no later than the first payday following a timely determination that the deduction was improper. If any deduction is found to be improper, the City will make good-faith effort to avoid any such improper deduction in the future for that employee and for any similarly situated employee. Any employee who believes that a deduction is improper should discuss the matter with payroll, who will promptly (normally within 24 hours) make an initial determination as to whether the deduction is proper. If the employee is not satisfied with that deduction, then within 48 hours of receiving notice of the decision, the employee may file with the City Manager a written appeal which states the basis for disagreeing with the deduction. The City Manager shall promptly consider the matter and issue a final decision (normally within 96 hours). The employee may appeal the final determination in accordance with state and federal requirements as applicable.

5. TIMESHEETS. As a general rule, timesheets are to be submitted to payroll administration by 10am on the Monday after the end of a pay period. Employees are responsible to ensure their timesheets are accurate, approved by a supervisor, and are submitted on time. Timesheets received late may delay payment.

6. PAY STUBS. Employees will receive paystubs by email and can obtain copies of paystubs as needed through the payroll department.

7. PAYMENT. Employees receive their paychecks through direct deposit. If direct deposit is not feasible for an employee, paper checks may be provided through the finance department.

8. EMPLOYEE RESPONSIBILITY. Payroll will make reasonable efforts to ensure accurate payroll reporting; however, employees are ultimately responsible to ensure correct deductions and payments are made. Employees are responsible to provide timely communication of errors to the payroll department. Additional deduction amounts or payments may be required to correct past recording errors.


DATE: February 4, 2016 TO: The Honorable Mayor and City Council FROM: Planning Commission SUBJECT: Text change to the land use ordinance regarding Family Food Production.

RECOMMENDATION:

The Planning Commission recommends approval of the text change to the Family Food Production Ordinance. BACKGROUND:

The Family Food Production ordinance was modified in June 2015.

DISCUSSION:

During the last modification to the definition of Family Food Production, no medium animals were allowed on lots smaller than a half acre. This eliminated the ability for people to keep one goat or sheep in these areas, which are often kept as 4-H projects. The proposed text change allows one medium animal on lots smaller than a half acre. Lots greater than one half acre can still keep 4 medium animals.

The definition has always allowed chickens, but roosters were never mentioned. Staff has always interpreted it to mean that roosters are not allowed. The proposed change will specifically exclude roosters from the definition.

ALTERNATIVES:

The Council could not approve the text change, or they could vote to approve an alternate ordinance. FISCAL IMPACT:

N/A

HERRIMAN, UTAH ORDINANCE NO. 16-xx

27Z15– HERRIMAN CITY – TEXT CHANGE TO THE LAND USE ORDINANCE

REGARDING FAMILY FOOD PRODUCTION

WHEREAS, the City of Herriman, pursuant to state law, may enact a land use ordinance establishing regulations for land use and development; and

WHEREAS, pursuant to state law, the Planning Commission shall prepare and

recommend to the City Council the proposed land use ordinance amendment; and WHEREAS, pursuant to City of Herriman Land Use Ordinance, the Planning

Commission shall hold a public hearing and provide reasonable notice at least 10 days prior to said public hearing to prepare and recommend to the City Council the proposed land use ordinance text changes; and

WHEREAS, notice of the Planning Commission public hearing on the land use

ordinance text change was published on December 22, 2015, noticing of the January 7, 2016, public hearing at 7:00 p.m.; and WHEREAS, the Planning Commission recommended approval of the land use ordinance text change in the meeting held on January 7, 2016, at 7:00 p.m. in the Community Center; and

WHEREAS, pursuant to City of Herriman Ordinance, the City Council must hold a public meeting allowing public input at said public meeting; and

WHEREAS, the City Council public meeting on February 10, 2016, was held at 7:00 p.m.; and

WHEREAS, the City Council finds that it is in the best interest of the citizens of Herriman City to adopt the land use ordinance text change as recommended by the Planning Commission;

NOW THEREFORE, be it ordained by the Herriman City Council that the following text change be adopted as a change to the land use ordinance of the City: (the underlined text is the new wording and the strikethrough text is to be deleted) 10-2-1 FAMILY FOOD PRODUCTION: The keeping of the following animals is allowed as listed in the chart below in the zones where the use is permitted. The number of animals may be doubled temporarily if the increase is related strictly to meat or milk production. The keeping of more animals than listed in the chart or allowed temporarily for milk or meat production may be approved as a conditional use where listed as a conditional use in that zone. Small animals shall be rabbits, chickens (this includes

hens and pullets, excludes roosters), pheasants, ducks, and pigeons. Medium animals shall be sheep, goats, turkeys, geese, and miniature horses. Large animals shall be cows, horses, and alpaca. Zone .49 acre or less .5 acre to .99 acre Per 1 acre +

A-.25 A-.50 A-1 R-1-21 R-1-43

Permitted: 40 small animals 1 medium animal

Permitted: 75 small animals, 4 medium animals, and 2 large animals

Permitted: 100 small animals, 15 medium animals, and 4 large animals

PASSED AND APPROVED this 10th day of February, 2016.

HERRIMAN _________________________________________ ATTEST: Mayor Carmen Freeman __________________________________ Jackie Nostrom, City Recorder

Documents

ITY Wednesday, February 10, 2016 NOTICE IS HEREBY GIVEN · Executive Director of the Utah Governor’s Office of Economic Development Val Hale. The actual start-up meeting for the