CITY OF
CITY COUNCIL MEETING
COUNCIL
MEETING
CITY
OFFICES
PRESIDING Council Vice Chair John Weaver
CONDUCTING Council Member Marilyn Brusch
SERGEANT-AT-ARMS John Ferguson
SERIOUS MOMENT OF REFLECTION/ Council Member William Anderson
PLEDGE OF ALLEGIANCE
COUNCIL MEMBERS PRESENT:
William Anderson, Marilyn Brusch, Rea Goddard,
Mike Rutter, Shane Siwik and John Weaver
COUNCIL MEMBER EXCUSED:
Casey Fitts
STAFF PRESENT:
Mayor Robert Gray
Cherie Wood, Assistant to the Mayor
Craig D. Burton, City Recorder,
Karen Rynearson, Deputy City Recorder
Dennis Pay, P.W. Director
Larry Gardner, Director, Community/Economic Development
David Carlson, City Attorney
Janice
Frost,
Kyle Kershaw, Finance Director
Chris Snyder, Acting Police Chief
Steve Foote, Fire Chief
Kevin Bowman, Deputy Fire Chief
Bruce Shoemaker, Fire Marshal
OTHERS PRESENT:
See List
APPROVAL OF MINUTES
MOTION: John Weaver
SECOND: Rea Goddard
Motion carried unanimously
MOTION: John Weaver
SECOND: Mike Rutter
Motion carried unanimously
MOTION: John Weaver
SECOND: Shane Siwik
Motion carried unanimously
NO ACTION COMMENTS
1. SCHEDULING. The City Recorder informed those at the meeting of upcoming events, meetings, activities, etc.
2. MAYOR
COMMENTS. The Police Department made
its proposal to
On Tuesday we had a Small School District Study
meeting. Karen Wickstrom is making good
progress and is now working on the financial side of the study. The steering committee heard a presentation
from Dr. Andrea Rorrer and Dr. Cory Groth from the U of U Education Policy
Center. The committee is considering
retaining their services to do a study on different methods to run the school
district – how do we govern it if it is decided on. To add this component to the study will cost
the County,
3. CITY COUNCIL COMMENTS. Council Member Weaver reported that Council Chair Fitts is on a cruise. The Chair has requested a follow-up on Council assignments to contact local businesses before the work meeting scheduled for January 24. This year both the Chair and Vice Chair would like the Council to emphasize their leadership role through example. As the Council Members attend these meetings and discuss the affairs of the City, dress commensurate with the charge that’s been given and that we have the deportment commensurate with the positions we occupy. It will be appropriate for the Council to lead by example by way of compliance with our City ordinances.
Council Member Goddard expressed the appreciation of
residents of
Council Member Brusch asked for an update on the ReBath alley issue. City Attorney David Carlson replied that the fence is back up.
4. CITIZEN COMMENTS
No citizen comments
ACTION ITEMS
CONSENT AGENDA
No Items
UNFINISHED COUNCIL
BUSINESS
1. Ordinance to Amend Text Change of Section 17.36.040 Concerning the Text of the West Gateway Overlay Zone. The Text to be Modified is 17.36.040(E)(1) Regarding the Consolidation of Property Prior to Development. Council Member Weaver moved to place this matter on Unfinished Council Business at the next regular Council meeting scheduled for January 24, 2007, when the Council has had the opportunity to review it in detail.
MOTION: John Weaver
SECOND: William Anderson
Motion carried unanimously
NEW COUNCIL BUSINESS
1. Appointments by
the Mayor. Mayor Gray presented
Vincent Bath for appointment to the Planning Commission. He is a resident of the
Council Member Weaver moved to suspend the rules so the Council can vote on the appointment of Vincent Bath to the Planning Commission at this meeting.
MOTION: John Weaver
SECOND: William Anderson
Motion carried unanimously
Council Member Weaver moved to accept the appointment of Vincent Bath to the Planning Commission.
MOTION: John Weaver
SECOND: William Anderson
Motion carried unanimously
Mayor Gray advised that his selection for new Chief of Police is now the Assistant and Acting Chief, Chris Snyder. The Mayor has reviewed several applications, and two of the candidates who submitted applications recommended Chris Snyder. The Mayor has known Chris since he began with the City in 1991. He feels all the confidence in the world in him. He will continue the transition we have been involved in and the move into community policing. The officers in the Department completely support him. The FOP chapter within the Department highly recommends Chris for the position. Everyone the Mayor has talked with feels comfortable with his selection. The business community and the Chamber of Commerce also support Chris. The Mayor said it is with great pleasure that he presents Chief Snyder as the City’s new Chief of Police for the advice and consent of the Council.
Chief Chris Snyder said he is overwhelmed by the support he has had for the last few weeks. To have his name even considered is quite an honor. He started with the Department when he was 21 years old. He feels the stars are aligned now and things bode well for the City – support is incredible for the Police and Fire Departments and many of the things the City is doing. He is confident in his ability to lead the Department. The officers are very motivated and ready to do something special. He appreciates the Council’s consideration.
The Mayor reported that Chief Babka’s mother passed away on Monday so he cannot be here. Chief Steve Foote read a letter to the Mayor from Chief Babka which is attached to these minutes and incorporated by this reference.
Chief Foote said he echoes the things said in the
letter. It is critical in our City that
Police and Fire maintain a close, professional, friendly relationship. Having Chris Snyder by his side is a great comfort
and he has a renewed expectation that the two departments will go down a path
that will be positive for the City and the employees. In many departments in the
Council Member Anderson observed that the City has personnel policies regarding the qualifications for all of the department heads. Chris Snyder is fully qualified according to those personnel policies. The only other qualification he needs is to be the pick of the Mayor.
Council Member Anderson moved to suspend the rules so the Council can vote on the appointment of Chris Snyder as Police Chief at this meeting.
MOTION: William Anderson
SECOND: John Weaver
Motion carried unanimously
Council Member Anderson moved to accept the appointment of Chris Snyder as Police Chief for the City of South Salt Lake.
MOTION: William Anderson
SECOND: John Weaver
Roll Call Vote
Brusch Aye
Fitts Absent
Goddard Aye
Rutter Aye
Siwik Aye
Weaver Aye
Council Member Rutter requested a point of personal privilege. He is impressed to see such camaraderie between the Police and Fire Departments. He is aware of the great service they give the community and appreciates it.
Council Member Anderson requested a point of personal privilege. He thinks it’s important to have the type of organization and administration in the City that allows for our employees to reach these kinds of opportunities. It would be a sad day if we were remiss in our responsibility to provide the training and experiences in all the things that are necessary to cultivate a turnover like this – to be able to have within our City the kind of employees that are prepared to step up to the highest levels in their departments. It speaks well of the City department and their management to be able to provide whatever is necessary to allow internal employees to have this kind of opportunity. This is the kind of organization we need and he is grateful that we have capable people.
Council Member Siwik congratulated Chief Snyder and expressed
his appreciation for what he and his wife do.
His wife is an officer for
Council Member Brusch offered her congratulations to Chief Snyder. She has always been impressed with the way he conducts himself and that he is always willing to provide service to our City. Mrs. Brusch thanked Chief Babka for the service he has rendered to our City and for the job he has done as Police Chief.
The Council took a short break.
2. Final Subdivision
Approval for Garden Gate PUD – 2945 South 300 East. Applicant:
Alan Krukenberg. 7
They plan to build seven town homes, but they are all single family homes. The lots are small, but adding in the parking area and the driveway, there is about 5,000 square feet. The actual green area and house are about 3,000 square feet. The homes are three level with private back yards. There are some common areas. All homes have driveways and decks in the front yard. Each home has a one-car garage, plus another parking stall on the opposite side of the homes. There are also decks on the backs of the homes. The homes are tall because they have to fit on narrow lots, but they are within the 35 foot limit of the ordinance. All homes are three bedroom/three bath with an additional 500 feet in the basement which could be finished.
Jeff Kruckenberg explained that the homes are three story. The City has a relatively high water table. They have elected to build a three story slab on grade structure to mitigate the high water table. The first floor is a single car garage and approximately 500 square feet of living space. They anticipate it will be unfinished with storage for future homeowners to finish. It could be a bathroom and/or family room, laundry, etc. The main floor (2nd floor) has a family room, living room, kitchen and half bath. The upper level has three bedrooms and two bathrooms, as well as the laundry room. The overall square footage is 1450 square feet finished on the 2nd and 3rd floors, with a possible 500 square feet on the first floor. The main floor is about 600 square feet and the upper floor is about 800 square feet.
They like the idea of creating a community, so they have a
covered porch on the front of each home.
It will be elevated one story.
There is another covered patio on the rear of the home for barbeque
functions. The backyards are a minimum
of 15 feet, up to 20 feet deep. They
will be fenced part way on the sides to give each homeowner a private
area. The access is by a new, private
drive called
They anticipate the buyers will be fairly young because of the stairs in the home – two full flights of stairs to the master bedroom. Their intent is to maintain affordable housing. Price will be $249,000 to $259,000. They have built this type of development before – such as Lombardy Cottages at 6585 South 1300 East, Murray Cottages at 4800 South 500 East and Millcreek Cottages at 2150 East 3900 South.
In response to Council Member Rutter’s question, Mr. Gardner said he is comfortable with the lot sizes considering what was removed to allow this. It is a nice design that fits well in the area. Mr. Gardner said this PUD is not precedent-setting. Each one stands on its own. Council Member Anderson remarked that we need to get on the record the reasons we choose to do this – if we choose to do it. We need to put on record the conditions of each PUD. If we don’t it makes it difficult to defend the original action as a precedent. We need to make sure to enunciate what the conditions are so that we don’t inadvertently create a precedent. Council Member Weaver pointed out there is latitude for discretion but it has to be within the confines of our ordinances.
Council Members, David Carlson and Larry Gardner had more discussion about density issues, open space and the required size of the roadway.
Council Member Weaver remarked that as a Council we have yet to agree on some parameters on how to approach exceptional cases. It’s wise to look at the broader view as to what we are doing. If we are exchanging rental units for owner-occupied, he is willing to look at things to make it a viable project. Each of the surrounding properties on three different streets has one unit per property. So there are not multiple roofs on any one of the surrounding properties. So in the immediate area we would be tripling the density to accept the proposal. Each of the existing homes on the surrounding streets is a single story. If this were approved we would be adding two stories above the existing skyline of the existing neighborhood. This proposal is going into an older, established neighborhood with a consistent density in every direction.
David Carlson pointed out the Council has a lot of discretion with PUD’s. This development meets the standards. The Council would be on solid ground in approving this development. Mr. Carlson said it may boil down to do you prefer this or what is currently there. The whole purpose of a PUD is to allow development of difficult parcels to develop. The trade-off is you give more flexibility in the design of the total development.
Council Member Weaver has concern about density – it’s actually tripling the proposed minimum density for an R-1 zone. He has concern about two stories above the roof lines of existing homes. Even though the height issue is within our ordinance, visually there will be that prominence when you come into the community. He thinks tripling the density and the height make it fundamentally incompatible. He does recognize this would be removing some rentals and some “blighted” area.
Mr. Carlson said much of the surrounding housing stock is obsolete being built right after World War II. No one is building that type of home any more. If you want to get rid of rental housing and replace it with home ownership, you will be looking at higher densities because economics will require it.
Council Member Weaver asked Mr. Carlson if it is the role of City staff to promote or detract any given proposal. Mr. Carlson replied that it’s Mr. Gardner’s role to promote the positive growth of the City. Mr. Carlson said this is on solid ground. The Council has a lot of discretion.
Council Member Weaver commented that so far the only solution discussed regarding infill housing is to accommodate higher densities. He thinks the assumption that such is the only avenue is erroneous. The City has three things going for us in the real estate market – location, location, location. With older housing stock, as property values increase and eclipse the value of the structure, it’s actually viable to refurbish (and maybe add a wing) or to level them and put something new in. He does not believe there is a one-solution answer to density and infill development in the City. Mr. Weaver believes we should exercise caution if we are going into some of our best neighborhoods and we’re looking at densities of this magnitude. Over time we will be sanctioning densities of this magnitude in every neighborhood.
There was more discussion about density issues. Council Member Weaver thinks this would be a better project with six units instead of seven because it would open up more common space and would better open up the hammerhead turnaround so that it would be more than acceptable. We have had this discussion for over a year and have not arrived at what a reasonable consensus is. Mr. Gardner commented that needs to happen because it’s hard on investors to come and take this beating from the Council.
Council Member Siwik observed that the reason that the City has nearly 1,000 units being proposed is because our City is the most flexible and accommodating. Every building brings property tax to the City. Council Member Weaver asked if property tax is the motivation – then just raise it again. Council Member Siwik said it’s about stabilizing the community, about doing things in the best interest of the community. Eight units are allowable, so why are we having this discussion. We can send the message to developers to go through the Planning Commission and get approval and come to the City Council and get “hung.”
There was more discussion on density and infill housing and some of the other projects that will be going on within the City and what is happening with the General Plan.
There was also discussion, brought up by Council Member Weaver, regarding notification issues. Mr. Gardner was asked to include a copy of all notification letters to the Council Members on future matters.
Council Member Rutter asked that we get the zoning matters where they need to be in a very short period of time or we will be going through this process every time something comes up.
Council Member Siwik moved that the Council suspend the rules to that the Garden Gate PUD matter can be voted on at this meeting.
MOTION: Shane Siwik
SECOND: William Anderson
Motion carried with five “aye” votes
Council Member Weaver voted “nay”
Council Member Siwik moved that the Council approve the final subdivision for the Garden Gate PUD at 2945 South 300 East, with the findings that this would remove nine total rental units, that the density is comparable to that approved in the recent past, that the price point makes it an attractive addition to the City because there is a low likelihood that the properties would become rental units and that there are some taller structures already on that site and the proposed height is within current City ordinances for an R-1 zone.
MOTION: Shane Siwik
SECOND: William Anderson
Roll Call Vote
Brusch Nay
Fitts Absent
Goddard Aye
Rutter Aye
Siwik Aye
Weaver Nay
Motion carried with four “aye” votes
Council Member Brusch said she voted “nay” because she has seen some of the three level homes. They are hard to access. The density affects the rest of the neighborhood.
Council Member Weaver asked for a point of personal privilege: The density of this proposed project is not eight units per acre. That would actually be 6.32, so it is technically over the maximum density for our R-1 zoning. He thinks that structures that are twice the height running along the entire line of that property will impact the area and it is not entirely compatible. If this proposal came on another lot that was not in the middle of one of our nicer neighborhoods, he would have pushed it through. Discretionary powers are there for a reason and to date this last year we have effectively been a marvelous “rubber stamp.”
3. Final Subdivision
Approval for Waverly Station Phase III PUD – 3700 South
Council Member Siwik declared a conflict of interest and left the Council Chambers.
Larry Gardner said the first phase of this project was approved last year. It was a former industrial/storage site and there were some old homes. They are proposing to build 109 town homes which are attached single family, in a sixplex, fourplex, fiveplex or triplex style. Also proposed is a mixed-use office/condominium on the corner of 3700 South West Temple. There will be 47 condo residences, all with two or three bedrooms. They will likely start at $190,000 to $200,000 up to $300,000 for the penthouse. The town homes all have a two-car garage, all have two or three bedrooms. All health and safety issues have been addressed. There are more than 347 total parking spaces. Thirty-four per cent of the site is landscaped. Mr. Gardner said this is a good development for the City and for that area. He recommends approval.
Jim from Hamlet Development explained some of the open space, landscaping and street scaping to be used throughout the development. He requested approval at this meeting of Phase III.
Council Member Weaver complimented Hamlet Homes on their grasp of the intent of a TOD district and the particulars. This is professional, aesthetically pleasing and well thought out. It’s an appropriate mixed-use development.
Council Member Weaver moved to suspend the rules so the Council can vote on Phase III of the Waverly Station PUD at this meeting.
MOTION: John Weaver
SECOND: William Anderson
Motion carried with five “aye” votes
Council Member Fitts was absent. Council Member Siwik did not participate because of a conflict of interest.
Council Member Weaver moved that the Council approve the Waverly Station Phase III PUD.
MOTION: John Weaver
SECOND: Rea Goddard
Roll Call Vote
Brusch Aye
Fitts Absent
Goddard Aye
Rutter Aye
Siwik Conflict of Interest
Weaver Aye
Motion carried with five “aye” votes
Michael of Hamlet Homes reported that they are well on their way with Phase I. They anticipate their models will be finished within the next 45 days. They will do a grand opening party in the early spring. They have sold more than 20 homes already.
Council Member Siwik returned to the meeting.
4. Final Subdivision
Approval for The Maples of Leland PUD –
Council Member Weaver commented that this development is much more appropriate as opposed to the Garden Gate PUD discussed earlier in this meeting. There are only six units in this development and the height is in keeping with the surrounding neighborhood.
There was a discussion of other properties surrounding this development and whether or not there had been an attempt to purchase them. Council Member Weaver talked about exploring possible partnerships with developers and the City. David Carlson remarked that the problem with housing money is that is has to be used for low or moderate income housing. You can get lower densities by charging a higher price for the product. Mr. Carlson said we could try to develop a program of incentives. There was more discussion about what could be done in this area.
Council Member Weaver moved to suspend the rules so the Council can vote on The Maples of Leland PUD at this meeting.
MOTION: John Weaver
SECOND: Mike Rutter
Motion carried unanimously
Council Member Weaver moved that the Council approve The Maples of Leland Six Unit PUD.
MOTION: John Weaver
SECOND: Shane Siwik
Roll Call Vote
Brusch Aye
Fitts Absent
Goddard Aye
Rutter Aye
Siwik Aye
Weaver Aye
The Council took a five-minute break at
The Council reconvened at
5. An Ordinance
Amending Title 12, Chapter 56 of the City of
Mayor Gray said that most of the cities throughout the valley have either initiated this change in their ordinances or have already passed them. We want to make sure we get this matter under control before it gets out of control.
Council Member Rutter expressed that he does not believe this should apply to those who are on a golf course – if it happens that the City ever owns a golf course. There is enough open space on a golf course that smoking should not be an issue there.
There was additional discussion as to what properties the ordinance would apply.
Council Member Siwik moved that this matter be placed on Unfinished Council Business at the regular Council meeting scheduled for January 24.
MOTION: Shane Siwik
SECOND: John Weaver
Motion carried unanimously
6. Resolution of the
City of
There was discussion among the Council if this is something the City should be involved in. The Council Members decided they need more information.
Council Member Anderson moved to place the Delta Air Lines issue on Unfinished Council Business at the regular Council meeting scheduled for January 24.
MOTION: William Anderson
SECOND: John Weaver
Motion carried unanimously
Council Member Weaver moved to adjourn.
MOTION: John Weaver
SECOND: William Anderson
Motion carried unanimously
Council meeting adjourned at
____________________________________
William Anderson, Council Chair
____________________________________
Craig D. Burton, City Recorder