The Land Use Institute Referendum/Initiative

May 14, 2019 Hotel RL 161 West 600 South

Salt Lake City, Utah

We appreciate those who support the Utah Land Use Institute:

This seminar made possible by a grant from the

Office of the Property Rights Ombudsman, Utah Department of Commerce

Institute Sponsors:

The S. J. and Jessie E. Quinney Foundation

Utah Chapter, American Planning Association

Institute Partners:

The Utah League of Cities and Towns

The Utah Association of REALTORS

Salt Lake Association of REALTORS

Home Builders of Utah

Real Estate Section – Utah State Bar

About the Utah Land Use Institute

The Utah Land Use Institute is a non-profit Utah corporation established to share information, provide training opportunities, and improve eminent domain and planning and zoning professions and practices in Utah.

David Hirschi, Chair

Jodi Hoffman, Vice Chair Mike Ostermiller, Vice Chair

Brent N. Bateman Wade Budge

Nicole Cottle Gary Crane

Prof. Arthur C. Nelson Wilf Sommerkorn

Prof. David Thomas

Craig M. Call, Executive Director

Jonathan W. Call, Program Director

The Utah Land Use Institute 2424 North 4500 West Plain City, UT 84404 www.utahlanduse.org (801) 859-2255

MATERIALS FOR THESE AND OTHER SESSIONS OF THE CONFERENCE ARE AVAILABLE ONLINE AT

WWW.UTAHLANDUSE.ORG.

SUPPLEMENTAL POSTINGS TO THE ONLINE LIBRARY WILL BE MADE DURING THE SEMINARS.

The Referendum and Initiative Seminar is co-sponsored by the Utah Chapter of the American Planning Association. AICP Continuing Education Credit is provided for some sessions.

Continuing Education Credit has also been approved by the Utah State Bar for Attorneys; for City Clerks from the Utah Association of City Clerks; and from the Real Estate Division, Utah Department of Commerce, for Real Estate Professionals and Appraisers.

To receive real estate and attorney continuing education credits, you must sign the roster in the lobby each day that you attend. Real Estate Professionals must also pick up their certificate at the end of each day’s session

Seminar on Referenda and Initiatives Utah Land Use Institute – Utah League of Cities and Towns Hotel RL – 161 West 600 South, Tuesday, May 14, 2019

AGENDA

1:00 Registration and Snacks

1:30 A Brief History of Referenda, Initiatives and Legislative/Administrative Decisions in the Legislature and in the Courts. Craig Call, Utah Land Use Institute

2:00 Overview of HB119 and other 2019 Reforms Representative Brad Daw

2:20 Where Do We Go from Here? Practical Considerations Moving Forward Wade Budge, Snell and Wilmer Cameron Diehl, Utah League of Cities and Towns

2:45 Break

3:00 2019 Legislation – Where the Law Stands Today. Comprehensive Review of How to Administer a Petition and Proceed Through Election Day, Including Local Government Notice, Review of the Issues, and Best Practices for Clerks and Attorneys. Derek Brenchley, Lt. Governor’s Elections Office Ryan Cowley, Weber County Elections Annette Spendlove, North Ogden Clerk/Recorder

4:00 Panel Discussion – The Intent and the Practice – Practical Considerations Craig Call, Moderator Cameron Diehl, Utah League of Cities and Towns Gary Crane, Layton City Attorney Wade Budge, Snell and Wilmer Renae Cowley, Foxley & Pignanelli

Questions and Answers

4:45 Adjourn

SPEAKERS BACKGROUND INFORMATION

Wade Budge Wade R. Budge is a land use and real estate lawyer with significant experience advising developers and owners in all aspects of real estate development. He has negotiated entitlements for master planned communities, industrials projects, retail centers, office buildings, subdivisions and mountain resorts throughout Utah. He also regularly represents clients in the use, acquisition and disposition of real estate projects throughout the western United States. Wade has advised developers in obtaining public incentives and using public finance tools, including tax increment financing, to facilitate new and redevelopment projects and regularly advises clients with government relations matters involving state and local governments.

Craig M. Call Craig Call is an attorney with Anderson Call & Wilkinson in Salt Lake City and Executive Director of the Utah Land Use Institute. He was the Private Property Rights Ombudsman for the State of Utah from 1997-2007 where he assisted in the mediation and arbitration of several thousand land-related disputes. He has been a real estate broker, general contractor and attorney. Craig served four years in the Utah Legislature and on the City Council in Provo. He authored The Utah Citizen’s Guide to Land Use Regulation (2005), the comprehensive Utah Law of Eminent Domain (2008), and jointly authored the Utah Land Use Regulation Guidebook and the Utah Impact Fee Handbook and Checklists. He has lectured widely on land use regulation, eminent domain, property rights and dispute resolution in the U.S., as well as in Canada and the Peoples Republic of China. Craig is a Land Use Appeals Hearing Officer for Salt Lake City and other municipalities. He was honored as the Real Estate Practitioner of the Year by the Real Estate Section of the Utah State Bar in 2018.

Renae Cowley Renae Cowley hails from West Point, Utah and is a proud graduate of Utah State University bringing the Foxley & Pignanelli office's Aggie count to two. Renae also earned her MBA from Texas A&M Commerce. Prior to joining F&P, Renae worked in the Executive Branch for two years and worked on numerous winning campaigns. Renae has been heavily involved in political campaigns across the Intermountain West including elections for mayors, county commissioners, state legislators, congressional and senate races as well as independent expenditures and super PACs. She has built a reputation as an artful campaign consultant and top-notch fundraiser. Renae is a talented political writer. She shares the perspective of a conservative millennial as a contributor on various national political blogs. She is a frequent guest speaker at and AP high school government classes to share her insight and expertise on Utah's political climate, the legislative process and messaging for campaigns. Her crowning achievement was winning Miss Rodeo Utah and finishing in the top five at Miss Rodeo America. Renae is a 4-H volunteer and rides competitively as a professional barrel racer.

Ryan Cowley Ryan Cowley has worked in local government since 2003 and has been involved with elections since 2005. He has held positions as a Web master, Chief Deputy Clerk, and now works as the Weber County Elections Director and also serves on the Roy City Planning Commission. He earned a Bachelor of Arts Degree in business information systems from Utah State University in 2003, became a Certified Elections/Registration Administrator through Auburn University 2011, and received his MPA from BYU in 2018. Ryan enjoys gardening, coaching youth and , and cheering on the Aggies.

Gary Crane Gary Crane is currently serving as City Attorney for Layton City and Morgan City. He has represented various municipalities and other public and private entities in the State. Gary’s practice has particularly focused on land use, development and real estate law. He has served on various boards and commissions and is actively involved in working on municipal legislative issues. Gary received his B.S. from Brigham Young University, his MPA from the Marriott School of Business and his J.D. from J. Rueben Clark Law School. He has regularly presented and written on a number of different municipal issues such as impact fees, subdivision law, annexation, forms of municipal government, affordable housing and many others.

Representative Brad Daw Representative Brad Daw has represented the residents of Orem from 2005-2012 and again since 2015. He holds a B.S. in Electrical Engineering from BYU and an M.S. in Computer Engineering from San Jose State University and is a Computer Scientist for Adobe Systems in Lehi.

Cameron Diehl Cameron Diehl became the Executive Director at ULCT in October 2017. Previously, he was a legislative intern, office administrator, policy analyst, and Director of Government Relations for the league. Cameron attended the and the University of Colorado School of Law. He has represented ULCT on a variety of boards and commissions—the Outdoor Recreation Grant Advisory Committee, Bike Utah, Utah State Bar’s Civic Education Committee, EDCUtah Board of Advisors, Boys and Girls Club Alliance, and more—and has visited almost every one of the 248 cities and towns in Utah. Cameron is a proud Murray native, long time football and basketball coach, and avid and fan.

Derek Brenchley Derek Brenchley currently serves as the Deputy Director of Elections for the Office of the Lieutenant Governor and has served in the office for nearly five years. He earned a Bachelor's degree in political science at Utah State University and a Master of Public Administration from the University of Utah. In his free time, he enjoys outdoor activities such as hiking and backpacking.

Annette Spendlove Annette Spendlove has worked with North Ogden since 2001 as the Part Time Deputy City Recorder and the Full Time City Recorder and Human Resource Director since 2002. She has over 23 years of experience as a Town Clerk, Deputy City Recorder and City Recorder receiving both her Certified Municipal Clerk and Master Municipal Clerk certifications as well as her Human Resource Management Certificate. She graduated from Weber State University with a degree in Early Childhood Education and has a great love for the community.