City of South Salt Lake

CITY OF SOUTH SALT LAKE

CITY COUNCIL MEETING

COUNCIL MEETING Wednesday January 11, 2006

7:00 p.m.

CITY OFFICES 220 East Morris Avenue

South Salt Lake, Utah 84115

PRESIDING Council Chair William Anderson

CONDUCTING Council Member Marilyn Brusch

SERIOUS MOMENT OF REFLECTION/ Council Chair William Anderson

PLEDGE OF ALLEGIANCE

SERGEANT-AT-ARMS Officer Stan Parkin

COUNCIL MEMBERS PRESENT:

William Anderson, Marilyn Brusch, Casey Fitts, Rea Goddard,

Poponatui Sitake, Shane Siwik and John Weaver

STAFF PRESENT:

Mayor Robert D. Gray

David Carlson, City Attorney

Craig D. Burton, City Recorder

Karen Rynearson, Deputy City Recorder

Larry Gardner, Acting Director, Community/Economic Development

Kyle Kershaw, Finance Director

Tim Williams, Director, Parks & Recreation

Beau Babka, Interim Police Chief

Steve Foote, Fire Chief

Cherie Wood, Interim Executive Assistant to the Mayor

OTHERS PRESENT:

See Attached List

Council Member Brusch announced that at the Work Meeting held prior to this meeting, the Council elected William Anderson as Chair and Poponatui Sitake as Vice-Chair for the year 2006.

Council Chair Anderson moved that the Council adjourn to Executive Session for a discussion of the character, professional competence, or physical or mental health of one or more individuals.

South Salt Lake - Regular Council Meeting January 11, 2006_____

MOTION: William Anderson

SECOND: Casey Fitts

Motion carried unanimously

The Council adjourned to meet in Executive Session.

In accordance with U.C.A. Section 52-4-7.5, Council Chair Anderson made a sworn statement affirming the sole purpose of the Executive Session held to discuss the character, professional competence or physical or mental health of one or more individuals.

At the conclusion of the Executive Session, Council Members reconvened to Council Chambers and continued with the Regular Council Meeting.

APPROVAL OF MINUTES

Council Member Siwik moved to approve the minutes of the July 14, 2004 regular Council Meeting.

MOTION: Shane Siwik

SECOND: Poponatui Sitake

Motion carried with four “aye” votes. Council Members Fitts, Goddard and Weaver abstained from voting because they were not Council Members when the meeting was held.

NO ACTION COMMENTS

1. INFORMATION.

a. Salt Lake Valley Health – Lead Safe Housing. Rachel Crane explained the program that allows families that own a home or rent an apartment to get assistance if lead-based paint has been used on the premises. South Salt Lake is an area that has had lead poisoning in homes. The program has received a large grant. People have to apply for assistance and they are limited by the provisions of the grant. This is for low-income families with children under the age of six. The homes have to have been built before 1978. Multi-unit housing qualifies.

2. SCHEDULING. The City Recorder informed those at the meeting of upcoming events, meetings, activities, etc.

3. MAYOR COMMENTS. Mayor Gray reported that we are progressing and doing some good things. He is optimistic about where we are going and what we are

South Salt Lake - Regular Council Meeting January 11, 2006_____

NO ACTION COMMENTS (continued)

3. MAYOR COMMENTS (continued)

doing. There is an Association of Municipal Councils. Boyd Marshall has functioned in that Association for the City for several years. The Mayor requested that the Council appoint or get a volunteer to assume that position. It’s important and brings back information about concerns of council members throughout the valley. The first meeting is Saturday, January 14. Council Chair Anderson said he will take the assignment for this Saturday. The Mayor reported there are sales tax issues that will be discussed later at this meeting.

4. CITY COUNCIL COMMENTS. Council Member Siwik said the previous administration made arrangements with Comcast for cameras for Council meetings (a government channel). He asked Mayor Gray if this is something he plans to pursue. Mayor Gray said he is not familiar with this particular one, but he will look into it.

Council Member Fitts said he is excited to be here.

Council Member Sitake said we need to look into what is going on at the business on Shelley Avenue/Main Street. The Brothers Car Dealership on 2700 South/300 West still looks like a junk yard. Something needs to be done. Council Member Sitake asked the Mayor how many police officers are on duty as of today. The Mayor said he understands it is 54, and the Department is still involved in the hiring process.

Larry Gardner reported that Brothers Auto is under administrative order to clean up their property. They are in violation of the order. It will be going back to the Administrative Judge next week for another hearing.

Council Member Goddard is happy to be here and getting started on what we are going to work for.

Council Member Weaver said he is happy to be here.

Council Member Brusch asked what is the latest report on Former Chief Theresa Garner. The Mayor sent a registered letter to her. The Mayor and members of his staff are actively involved in trying to salvage her retirement. The Mayor does not want to see her lose that retirement. He is not planning to give up on it, but will keep pushing it.

South Salt Lake - Regular Council Meeting January 11, 2006_____

PUBLIC HEARING – 7:30 p.m.

To receive public comment regarding proposed change in the zoning map from R-1 to CC Commercial Corridor on property located at “3350” South 700 East. Parcel Number 16-29-352-004

The hearing was scheduled to begin at 7:30 p.m., but began at 7:35 p.m.

Larry Gardner said this is a zone change request. The actual address is not “3350” South, but this is how the City is identifying it. It was a messed-up address when we got the property from the County. The request is to go from R-1 to CC to extend a parking lot. Mr. Gardner showed a map of the property in question, which included surrounding parcels. The property contains a 2,000 square foot house, which will be removed if the request is approved. Currently this is a strong residential neighborhood. The General Plan in the area exists from prior to the annexation and it is “to protect and preserve the quality of residential areas.” This could be seen as an intrusion into a stable neighborhood or as a natural expansion of a thriving business. The Planning Commission unanimously recommends against the zone change and recommends denial of the application to change the zoning map from R-1 to CC. The Commission gave the following reasons: The property has an attractive and functional house and the property is a part of the residential area. To remove the house for a parking lot would be contrary to the General Plan. There is ample room to construct a parking lot west of the property where a vacant, commercial and “for sale” piece of property exists.

Price Commercial Properties purchased the property and the home has been vacant for about six months.

Council Member Brusch opened the meeting for public comments at 7:40 p.m.

John Gubler, representing Price Commercial Properties. They purchased the property in the hope of converting it to a parking lot. Kinko’s lease is coming up in July and they have said if they don’t get more parking they are leaving. Kinko’s is their main tenant. The price being asked for the vacant piece of property is “quite ridiculous.” They have no intent of putting a structure on the property. They will put from a six- to eight-foot cinder block, or some sort of wall structure neighboring the residential properties. They are willing to do anything they can to help with their parking situation. Mr. Gubler contacted UDOT about the traffic count on 700 East. South bound traffic on a daily basis is 41,000 vehicles; northbound on 700 East (in front of the properties) is 40,000.

Mr. Gubler said if this is approved they would add 22 new parking spaces. They would also add some landscaping to beautify the property.

South Salt Lake - Regular Council Meeting January 11, 2006_____

Clair Kendall, 659 Riviera Circle. His back property is at the fence of properties of Price Properties. There are four lights that shine in his back yard all night. He is always picking up trash in the area of his back fence. Right now his back fence is Price’s property. If they open this up, both sides of his property will be their parking lot. They haven’t done any of the things they said they will do. There is a tree right in the corner of their property that shades his yard. They trim their side of the tree, but they do not trim the tree on his side. He had tried to get them to do that for about fifteen years. He would appreciate it if the City would leave the zoning as it is.

Edith Welch, 660 Riviera Circle. Mrs. Welch read a prepared letter, a copy of which is attached to these minutes and incorporated by this reference. She asked the Council to deny the request for a zone change.

Public hearing closed at 7:50 p.m.

Council Chair Anderson remarked that it is clear in the General Plan that there is a need for balance between the interests of residents and businesses. There is a challenge to do things that help both to be served. In some instances options are limited, and in this case we may be facing that. The option that is the least intrusive may be the most expensive one for the business. There isn’t an option going south that is anything other than pushing the businesses closer to more homes. There are pressures along 700 East for the properties to become more commercial. If we start that process by doing that with this particular property, that should not be a decision made for just this one property. We need more study if we are going to extend business further south on 700 East. He doesn’t think this is the course we should take this evening.

The City has its most difficulties with the borders between commercial and residential properties. As we think of ways to balance the needs of businesses with residents, one of the things talked about in the Plan is to provide better buffers in those border zones. If 700 East is busy and noisy, he is not sure that putting commercial properties there is going to make it any less noisy or unpleasant for preserving the residential properties off of 700 East.

We need to look at these situations on a case-by-case basis and try to do the best we can to balance all of the interests.

Council Chair Anderson moved to deny the request for a change in the zoning map from R-1 to CC Commercial Corridor on property located at “3350” South 700 East, Parcel Number 16-29-352-004.

South Salt Lake - Regular Council Meeting January 11, 2006_____

MOTION: William Anderson

SECOND: Shane Siwik

Council Member Weaver said the issue of residential versus commercial usage along the 700 East corridor is something the City needs to revisit. The intersection of 3300 South/700 East is as big an intersection as you will find in this valley. To assume that over time we will maintain significant peaceful residential areas may not be entirely realistic. Without having had the opportunity to discuss the General Plan and making provision for this forward-looking type of proposal, he is not inclined to grant this exception at this time. We ought to leave things status quo until we can make a more informed decision.

Council Member Fitts remarked that in some ways we are approaching this as a business against residential. Mr. Kendall brought up several problems he has with the current situation. If that property were to be rezoned, is there a possibility for the lighting to be transferred from the building to the parking lot, which may alleviate Mr. Kendall’s concern. This represents a situation we will have very often. How can we work together to better meet our General Plan, rather than saying residential wins this time, commercial wins next time? We may be able to find an alternative that works for the best of the City, as well as pleasing residents and encouraging businesses to stay. If we just deny the request and don’t lay the ground work to have some type of discussion, we face losing another business from the City. We need to have the attitude that we’re going to discuss things, rather than just passing judgment. It doesn’t make sense right now to say, yes, we’re going to make this zoning change. We need to meet with residents and businesses. We may be able to resolve most of the concerns of the residents simply by presenting the concerns to the businesses and asking what can we do. This is not an issue that we should say is done. We need to work together. Residents stand to lose if we chase businesses away. We need to say this is an issue that needs more discussion. At this time we are not ready to say that we should grant the change, but it may be something that we can work towards in the future.

Council Member Siwik said there is a broader view that needs to be looked at along 700 East. It’s important that the business needs to understand that to work to try to find a solution, that due diligence needs to happen before they come to this meeting, and in the best interest of the company, before they purchase the property when they know it’s a residential property.

Council Chair Anderson restated his motion.

South Salt Lake - Regular Council Meeting January 11, 2006_____

MOTION: William Anderson

SECOND: Shane Siwik

Roll Call Vote:

Anderson Aye

Brusch Aye

Fitts Aye

Goddard Aye

Sitake Aye

Siwik Aye

Weaver Aye

Council Chair Anderson said the Council needs to put some time into studying 700 East and rezoning along there. He asked Mr. Gardner to suggest other areas of the City that need attention.

Mr. Gardner said the General Plan has been in effect almost nine years. All areas of the City need to be looked at. Council Chair Anderson asked for a work meeting to discuss a General Plan review for the City.

City Attorney David Carlson advised that conversation should start at the Planning Commission level and work its way up to the City Council. Mr. Carlson said they can vote to send it to the Planning Commission for study.

Council Member Siwik moved that the Council ask the Planning Commission to review the General Plan and get back to the Council as soon as feasible with recommendations to the Council of changes that need to be made to the General Plan.

MOTION: Shane Siwik

SECOND: William Anderson

Motion carried unanimously

NO ACTION COMMENTS (continued)

4. CITIZEN COMMENTS.

Judy Siebach, 190 East Vidas Avenue. She represents herself and other citizens and is here to let the Council know that they support the appointment of Beau Babka as Police Chief. They have a feeling of going forward into a community-oriented situation again.

Detective Eric Jensen, President of the Fraternal Order of Police. Detective Jensen read a letter to the Council in support of the appointment of Beau Babka as Police Chief.

South Salt Lake - Regular Council Meeting January 11, 2006_____

A copy of Detective Jensen’s letter is attached to these minutes and incorporated by this reference.

Mike Katsanevas, 150 East 3300 South – a local businessman in the City. He speaks on behalf of himself and his family regarding the reappointment of Chief Steve Foote as Fire Chief and Beau Babka as Police Chief. Chief Foote has put the City on the map in regard to the Fire Department. He is extremely capable, he serves his firefighters and the firefighters serve the community. We have the finest Fire Department in the valley. Chiefs Foote and Bowman truly care about the community and their firefighters. Beau Babka was instrumental in the annexation process. If it weren’t for him, annexation would never have happened. He is well respected and highly regarded by other agencies. He hopes the Council will appoint Beau Babka as Police Chief and reappoint Chief Foote as Fire Chief.

Ben Pender, 422 East Haven Avenue – He spoke on behalf of himself and his wife who is employed at Woodrow Wilson Elementary. In the last few years the officers have been missed at the elementary school. When Beau Babka was Assistant Chief, he and other officers were often at the school. It’s important to have a role model there. Beau is a man of his words. He and his wife hope the Council will allow the Mayor to appoint Beau Babka as Police Chief.

ACTION ITEMS

CONSENT AGENDA

NO CONSENT ITEMS

UNFINISHED COUNCIL BUSINESS

NO UNFINISHED BUSINESS ITEMS

NEW COUNCIL BUSINESS

1. Appointments by the Mayor. The appointments that the Mayor is proposing are people that he has had a lot of experience with and has a lot of faith and confidence in. All but two are currently appointed department heads. That speaks highly of their competence, abilities and dedication to the City.

The Mayor recommended the reappointment of Fire Chief Steve Foote. He is a very high quality person who cares about this community.

South Salt Lake - Regular Council Meeting January 11, 2006_____

The Mayor highly recommends the appointment of Beau Babka as Police Chief. He has the ability, the education, the experience and the good of South Salt Lake in his heart and mind at all times.

This was a hard decision for the Mayor because it entailed dealing with Chief Theresa Garner. She did a wonderful job as Chief. We’ll do what we can to help her get her full retirement.

The Mayor recommended the reappointment of David Carlson as City Attorney. He feels confident in Mr. Carlson and the work he has done for the City. He is loyal to the City, loves the City and only has the best in mind for what he can do for the City.

The Mayor recommended the reappointment of Kyle Kershaw as Finance Director. He an outstanding person and has years of experience with the City. When the Mayor has asked Mr. Kershaw for detailed financial information, Mr. Kershaw has gotten the information to the Mayor very quickly. The accounting firms that work with the City highly recommend Mr. Kershaw.

The Mayor recommended the reappointment of Craig Burton as City Recorder. He has been with the City for just over a year and has done an outstanding job for the Council and the Mayor’s office.

The Mayor recommended the reappointment of Tim Williams as the Director of Parks and Recreation. You can see the difference that has taken place since he has been Director. He is working hard for the community and doing a wonderful job. There are some challenges which Mr. Williams is dealing with very well.

The Mayor has appointed Cherie Wood as the Mayor’s Executive Assistant. She has worked with Planning and Zoning Department as the Business License Official. Cherie is experienced in the City and is well liked by City employees and City Administration. She is an outstanding person and well qualified. The appointment of Cherie does not require a vote of the Council.

Council Chair Anderson moved to suspend the rules so the Council can vote on all of the Mayor’s appointment at this meeting.

MOTION: William Anderson

SECOND: Marilyn Brusch

Motion carried unanimously

South Salt Lake - Regular Council Meeting January 11, 2006_____

Council Chair Anderson moved to approve the reappointment of Steve Foote as Fire Chief for the City of South Salt Lake.

MOTION: William Anderson

SECOND: Poponatui Sitake

Roll Call Vote:

Anderson Aye

Brusch Aye

Fitts Aye

Goddard Aye

Sitake Aye

Siwik Aye

Weaver Aye

Fire Chief Steve Foote responded that it is truly an honor to be a part of the team that is being assembled. He has confidence that we will have a wonderful experience together. He thanked the Council for its support. He is proud to represent the City and he will do the best he can. He thanked the Fire and Police Officers.

Council Member Sitake moved to approve the appointment of Beau Babka as Police Chief for the City of South Salt Lake.

MOTION: Poponatui Sitake

SECOND: John Weaver

Roll Call Vote:

Anderson Aye

Brusch Aye

Fitts Aye

Goddard Aye

Sitake Aye

Siwik Aye

Weaver Aye

Police Chief Beau Babka thanked everyone for their support. We have a great future in the Police Department and the City. He hopes people will feel they are partners with the Police Department. His door will always be open and he will be coming to citizens for their insight and opinions. He thanked Mayor Gray for his confidence. The Mayor has been instrumental in his career and he wants to work hard and make him proud. Chief Babka wants to make him the best Mayor that we can. He thanked the Fire officers, and especially the Police officers. He hopes their expectations will be fulfilled. The Fire and Police together make up Public Safety and he is proud to be a member of that community.

South Salt Lake - Regular Council Meeting January 11, 2006_____

Chief Babka thanked Kevin Bowman, and especially Steve Foote, for their support. Chief Babka thanked his wife and family. He appreciates what they have done for him over the years. This community means a lot to him – it’s where he started as a community policing officer. It’s been an amazing journey for him. All he has wanted to do is to make an example to people that South Salt Lake is an extraordinary place to be. We have a bright future ahead of us. He is honored and will fulfill this obligation to the best of his abilities and talents.

Council Chair Anderson asked for a point of personal privilege. It’s amazing to him the caliber of Public Safety professionals we have in this City. We truly are fortunate to have the quality people in the Police Department that we do, particularly in the leadership capacities. He is confident in these individuals and appreciative of their willingness to dedicate their professional lives to this City.

Council Chair Anderson move to approve the reappointment of David Carlson as City Attorney for the City of South Salt Lake.

MOTION: David Carlson

SECOND: Shane Siwik

Roll Call Vote:

Anderson Aye

Brusch Aye

Fitts Aye

Goddard Aye

Sitake Aye

Siwik Aye

Weaver Aye

City Attorney David Carlson thanked the Council for their trust. He will do everything he can to honor that trust by giving the best legal advice he can. Mr. Carlson said he does not have any agenda. His only agenda is to help the Mayor and City Council accomplish their agenda. His door is always open and he is always available to help. His roots go deep in this City and he loves the City. He is proud to work with the Mayor, Council and fellow officers.

Council Chair Anderson asked for a point of personal privilege. When Mr. Carlson was nominated to be the City Attorney under the former administration, Mr. Anderson opposed that appointment. He said that was the dumbest decision he ever made. His reason for doing that was because Mr. Carlson had never been a city attorney. Mr. Anderson that that Mr. Carlson is unquestionably the most trusted individual on this staff. He has done what he said he would do, which is give us the best legal advice he possibly

South Salt Lake - Regular Council Meeting January 11, 2006_____

can. He has earned our trust. We are fortunate to have him as our City Attorney. Mr. Anderson is grateful for the opportunity to work with him some more

Council Member Siwik asked for a point of personal privilege. He echoed what Council Chair Anderson said. He has watched him over the past four years be an independent and objective voice. Mr. Siwik has tremendous respect for his objectivity. It’s great to have such an honest person helping us in shaping where we are going.

Council Member Siwik moved to approve the reappointment of Tim Williams as Director of Parks and Recreation for the City of South Salt Lake.

MOTION: Shane Siwik

SECOND: Marilyn Brusch

Roll Call Vote:

Anderson Aye

Brusch Aye

Fitts Aye

Goddard Aye

Sitake Aye

Siwik Aye

Weaver Aye

Director Tim Williams thanked the Council for their support and thanked Mayor Gray for reappointing him to his position. He is thankful every day for his role as a servant in this community. There is such a need in this community – so many young kids with a smile and not much money.

Council Chair Anderson moved to approve the reappointment of Kyle Kershaw as Finance Director for the City of South Salt Lake.

MOTION: William Anderson

SECOND: Shane Siwik

Roll Call Vote:

Anderson Aye

Brusch Aye

Fitts Aye

Goddard Aye

Sitake Aye

Siwik Aye

Weaver Aye

South Salt Lake - Regular Council Meeting January 11, 2006_____

Finance Director Kyle Kershaw thanked the Council for their vote of confidence. He thanked Mayor Gray for his confidence. Mr. Kershaw pledged that he will provide the most correct and detailed financial information he can and insure that City funds are spent according to policy which is set by the Council in the budget process. He grew up in South Salt Lake and has spent most of his adult life working for the City. It’s humbling for him to be here in this capacity. He gets to interact with ever other department regarding finances and working with the various departments, he knows they are top-notch individuals and are careful with City funds and are interested in spending them wisely.

Council Chair Anderson made the same comment to Mr. Kershaw that he did when Mr. Kershaw was appointed the first time: You have a special fiduciary responsibility to the citizens of this community and Mr. Anderson expects him to put his job on the line if he sees anything that needs to be brought to the Council’s attention.

Council Member Brusch moved to approve the reappointment of Craig Burton as City Recorder for the City of South Salt Lake.

MOTION: Marilyn Brusch

SECOND: John Weaver

Roll Call Vote:

Anderson Aye

Brusch Aye

Fitts Aye

Goddard Aye

Sitake Aye

Siwik Aye

Weaver Aye

City Recorder Craig Burton said it’s a privilege to work with the Council and he thanked Mayor Gray for the reappointment. He also grew up in the City, still lives in the City and loves the City.

Council Chair Anderson thanked Karen Rynearson for her service to the City as City Recorder and as Deputy City Recorder. She also grew up in the City and lives in the City.

Council Member Siwik moved to support the Mayor’s appointment of Cherie Wood as Executive Assistant to the Mayor.

South Salt Lake - Regular Council Meeting January 11, 2006_____

MOTION: Shane Siwik

SECOND: William Anderson

Roll Call Vote:

Anderson Aye

Brusch Aye

Fitts Aye

Goddard Aye

Sitake Aye

Siwik Aye

Weaver Aye

Council Chair Anderson remarked to Cherie that she will be very visible and the citizens will get to know her.

Cherie Wood thanked the Council for their support and thanked Mayor Gray for this opportunity. She also was raised in the City and still lives here. She has worked for the City for thirteen years in various capacities.

Mayor Gray appreciates the support of the Council. He advised there will be a swearing-in ceremony on Friday at 11:00 a.m. at the Police Department. Everyone is invited.

Council Member Brusch commented that she thinks it’s important that the Mayor have those people he feels he can work well with. She thinks he has picked great people and she is looking forward to having the City move forward. She appreciates these people.

The Council took a short break until 9:00 p.m.

ACTION ITEMS (continued)

NEW COUNCIL BUSINESS (continued)

2. Subdivision Planned Unit Development (PUD) Located at 3785 South 300 East. Darrell Kirk of B&B Homes is the developer. The request was approved unanimously by the Planning Commission. It is an eight-unit attached single family homes consisting of two 3-units with a twin home in the middle. They have lot lines. Rear yards will be 17 – 18 feet in size. Mr. Gardner reviewed the map of the development with the Council. Driveways are about 20 feet deep. It offers off-street parking. There is a two-car garage for each unit. There is a 20 foot driveway off 300 East, with adequate turnaround for emergency vehicles. There are four visitor parking stalls. Parking should not be an impact. The units will be approximately 18.5 feet off 300 East, which would match the set-back of the surrounding duplexes and homes. There are 6.6 acres, which will be

South Salt Lake - Regular Council Meeting January 11, 2006_____

subdivided into eight single family units. It is in an R-1 zone and PUD’s are allowed in that zone. These homes are designed to fit into the neighborhood. The design is similar to other projects in the area. Mr. Gardner believes this project will be a “shot in the arm” to development in the neighborhood. The houses are a two-story design, approximately 28 feet in height. Each home will have a two-car garage. Each will have reduced setbacks, and in the interior no setbacks on the side. The rear yards average 17 feet; front yards are 18-20 feet. The property will be fenced entirely with the exception of 300 East. The square footage of each home is close to 1800 – 1900 square feet, with a basement. There will be three finished bedrooms and three finished bathrooms. The beginning price range is about $265,000, up to almost $300,000. Mr. Kirk feels he can get that much. Garbage will be collected in a common dumpster. Landscaping and roads will be under a homeowners’ association, so the City will not be responsible.

The Planning Commission recommends final approval, with these conditions: 1. one hydrant be added to the project, 2. flow tests on hydrants; 3. utility and drainage planning further developed, 4. modifications to the controlling documents and plat made to suit this project, 5. a bond submitted to cover installation of all utility, roads, landscaping and common area improvements, 6. a perimeter fence be installed, 7. a complete landscape plan be submitted, and 8. all items of the staff report.

Council Member Weaver asked Mr. Gardner questions about setback rules.

Council Chair Anderson remarked that Mr. Talbot said some of the rules and regulations regarding setbacks are dated because there used to be safety issues with how close houses could be to one another. With modern equipment, that isn’t an issue any more. Mr. Anderson is concerned about this project because it is a lot of density. One of the issues that drives the density is how much you have to pay for the ground. That dictates what you have to get from the density in order to pay for the ground. Sometimes you overpay for the ground and then have to have very dense projects in order to make them financially feasible. The City doesn’t have an opportunity to get a look a projects before people make a speculative purchase.

Mr. Gardner reported that Mr. Kirk actually reduced the project by one unit. Mr. Kirk has also addressed the health safety issues. Mr. Gardner said the open space is 28 per cent.

Council Member Weaver said speculative purchases are done under the assumption that the builder can increase the number of units so that it can be profitable. The only way that the City has to send a clear signal is to be consistent in the approach to density. Are we going to stay with density as it is zoned, or are we going to continue to allow higher density projects? Mr. Weaver believes that eight units on this plot is a little heavy. A 20 x 20 foot patch of grass is good to look at, but it’s not much good for any other use as far

South Salt Lake - Regular Council Meeting January 11, 2006_____

as residents go. How segmented do we want green space to be? Mr. Weaver said if this were a six-unit he would be glad to approve it. If we use precedent as the driving force, then we are guaranteeing that we will always have high-density development in the City.

Council Member Siwik remarked that as much as we may dislike density, we have to go into this knowing that we can’t continue to have 6,000 square foot lot minimums even in R-1 zones. In a PUD each development stands alone. We can say yes to one and no to another, based on design.

Council Chair Anderson said that one of these doesn’t have a big impact, but if you do several, then the combined impact can become problematic. Council Member Siwik commented that you would also have beneficial impacts. You would be getting three bedroom, three bath, 1900 square foot homes that will help stabilize the whole City.

Council Member Weaver commented this high density can work well provided there is adequate green space available somewhere in the vicinity – a park or somewhere for people to get outside. We want citizens who are involved in the community and not shut up within their own homes and isolated from the rest of the City. Look at what kind of incentive is there for owners of residences to be involved, or will this create shut-ins.

Council Chair Anderson said we need to be sensitive to what are we trying to accomplish as to whom we can reasonably market to and be successful, and is this consistent with the City’s goal. Mr. Anderson said he believes we have a chance to market to families. Some higher density kinds of development have been successfully marketed to families, such as Park Creeke. That is his standard. If we can get a lot size that fits the Park Creeke area, we have a reasonable chance to attract families. At this particular project, we are looking at professionals, not families. There is only so much you can do with any given site. PUD ordinances were designed to make a good project, given the restrictions of sites.

Mr. Gardner said he talks to a lot of people who are looking at purchasing overpriced land and he tells them what he thinks will not go. That wasn’t the case here. Mr. Gardner said he believes that professionally this is a good project. There is no mandate this is needed from the Council. That could work at steering everyone away from the City.

Darrell Kirk of B&B Homes said their initial proposal was for three 3-plexes, for a density of nine units. The Planning Commission had concerns about the density. Everything was reconfigured and then got the O.K. from the Planning Commission. The Commission did not like the twin home, but gave its O.K. when the unit was put into the center of the project as a duplex. The nine original units were smaller, but in reconfiguring they increased the size of the twin home units to try to recoup the loss of

South Salt Lake - Regular Council Meeting January 11, 2006_____

the one unit. Aesthetically it will be a great project. On the north are rear yards of existing homes. On the east side is a driveway going to a four-plex. On the south side are rear units of some rental properties. There will be a perimeter fence. The units are rock/stucco with aluminum soffit and fascia. These will be very attractive units. They won’t come out if they have to cut the density. They will have to walk away from the project. That would be a tragedy for the neighborhood which needs some revitalization. The homes that were demolished had no redeeming qualities. There is a school a block away. There are parks and open areas close to this project. They have done everything the Planning Commission has asked. They will be replacing existing trees with better trees than the old ones. Three telephone poles and a lot of hanging wires have been removed. Everything will be underground. They have hauled out a lot of trash and the area looks much better. They do need this configuration to make the project work.

Council Chair Anderson said he would rather have the City incur costs for demolition and clean-up to be able to make the projects less dense. Council Member Siwik said he does not believe that is the role of government. Mr. Siwik said the market is “going nuts” right now. Two years from now we might be looking at higher density just to make these things works and the homes may be $250,000 to $300,000.

Council Chair Anderson said he thinks, as a strategy for the City – what are the demolition costs to tear those houses down and taken them off - $25,000 or less than that.

Mr. Kirk said it was less than $25,000.

Council Member Anderson said that in some respects, if we could contribute at least something towards that, we could get less density, is that fair to say.

Mr. Kirk said he has no idea what the City’s budget is – how you’re structured to do that.

Council Member Anderson said he is not talking about finances. He is talking about having our Public Works people come. We’ve got the equipment to tear those houses down and haul them off.

In response to Council Member Fitts’ question about wouldn’t this increase building permit fees, Council Member Anderson answered no, no. To some extent it’s a _______ cost. We’ve got the people; we’ve got the equipment. All it is is time.

Council Member Siwik responded to Council Member Anderson that we may, and in your situation this may not be the case, but ultimately that will bite us one day because all we will do is line the pocket of a developer who will say, yeh, we need you to do this, and they’ve done it, and they’ve gotten the money, and they still get nine houses.

South Salt Lake - Regular Council Meeting January 11, 2006_____

Mr. Kirk said his crews do it day in and day out. They’re fast and they’re good.

Council Member Anderson asked how is this density in relation, do you know, to the Park Creeke projects. Mr. Gardner answered that Park Creeke is about nine to ten. Mr. Gardner said that Shane and Jim can certainly back him up. The problem in the Salt Lake Valley is there’s not a shack on a piece of property that’s not worth $110,000 any more. If you can call it a house, it has enormous value and that’s another cost with property.

Council Member Anderson clarified that these properties were purchased as houses, and then in order to clear them off, because the cost of buying the structure and then tearing it down and stuff is really what determines how much you have to pay for the land.

Council Member Siwik said that ultimately what you might want to think about is, if the City chooses to do some larger scale project and bond and have a housing authority, then there may be some potential for something like that. We may want to look to create something like that. Council Member Anderson responded, “Well, we sort of do.”

Council Member Sitake asked Mr. Gardner to explain the driveway. Mr. Gardner responded that it’s a two-car garage so the driveway’s wide enough …. Council Member Sitake asked, “And on the other site? Mr.Gardner said that’s four. Council Member Sitake asked if there was any other parking out there somewhere. Mr. Gardner responded no.

Council Member Sitake said the plan for this year is that those two homes will have Thanksgiving dinner and the rest of them would go out of town. Council Member Siwik commented he hopes they all don’t have as many cousins and relatives as you guys do. Council Member Sitake said let’s hope there’s no Tongan or Spanish in those.

Mr. Gardner said like right across the street from where he lives – 32 cars – and he lives in a standard neighborhood and parking is a problem.

Council Member Sitake said that’s his only concern. And those private roads – he hopes they enforce it because if there’s a fire ….. Mr. Gardner replied that it would be “No Parking – Private Road.” Council Member Sitake said let’s hope …. Mr. Gardner said you do what you can do. There is an interior hydrant also.

Council Member Anderson asked where the dumpster would be. Mr. Gardner replied it would be at the very back – the five feet back there. Council Member Sitake asked what are the other 23 feet left by the parking stall. Mr. Gardner said it is a hammerhead turnaround for emergency vehicles.

South Salt Lake - Regular Council Meeting January 11, 2006_____

Council Member Siwik commented that we don’t really have a big parking issue that he can think of in the new developments that have gone it.

Mr. Gardner said he’s not around all the time, but no one has ever called up and said ….. Council Member Anderson said he goes down there all the time and never sees anything. Council Member Siwik said maybe we’re getting more professionals that either share a car, ride Trax or ride a bike. If you had teenagers you would have three or four cars there.

Mr. Gardner said that theoretically if people use their garage for parking, which a lot of people don’t, you could get four cars, tandem parked, per unit. Mr. Gardner said the other concern is that if you put five houses in here and increased the yard size, that wouldn’t help the parking any.

Council Chair Anderson said he was talking about having Public Works people and the City’s equipment doing the demolition. Council Member Siwik remarked that ultimately that will “bite” us one day, because all we would be doing is lining the pocket of the developer who will say that they need us to do that, and they will still get nine houses.

Mr. Kirk reminded the Council that this matter was scheduled for a Council meeting during the first part December 2005, when the meeting was cancelled two days before the meeting. This matter is now a pressing issue.

Council Chair Anderson moved to suspend the rules so the subdivision PUD development located at 3785 South 300 East can be voted on at this meeting.

MOTION: William Anderson

SECOND: Shane Siwik

Motion carried unanimously

Council Chair Anderson moved to approve the subdivision PUD at 3785 South 300 East.

MOTION: William Anderson

SECOND: Poponatui Sitake

Roll Call Vote:

Anderson Aye

Brusch Aye

Fitts Aye

Goddard Aye

Sitake Aye

Siwik Aye

Weaver Nay

South Salt Lake - Regular Council Meeting January 11, 2006_____

3. Cottages at Nibley Park Condominium Plat Amendment. Larry Gardner said this is a 12-unit condominium project that’s all built out except for two sets of duplexes. This has been amended once when they tried to change the condominium to a PUD. They wanted to amend setbacks to create larger units out of the duplexes. That failed because a couple of lenders would not sign the plat. This was put on the back burner by Roger Knight Construction until they came to apply for a building permit. Mr. Gardner realized there were some serious legal issues because in a condominium all the open spaces are held in common. Each owner has a percentage of the open space, so to allow them to build into that open space would be illegal. They are not asking for any more units, but they are asking to reduce the setbacks of the units to accommodate larger duplex units. Mr. Gardner said they are the best looking duplexes he has ever seen. The units are about 1800 to 1900 square feet. They would like the interior setback reduced to almost nine feet. They would not reduce the front or rear setbacks. There will be an 18-foot driveway with a double car garage. The major reduction is on the south side, to about 3.5 feet. That’s right next to Garden Avenue. This project was approved previously; they are asking to amend the plat in order to build these units.

Council Member Siwik moved to suspend the rules so the Council can vote on the Cottages at Nibley Park Condominium Plat Amendment at this meeting.

MOTION: Shane Siwik

SECOND: William Anderson

Motion carried unanimously

Council Member Siwik moved that the Council approve the Cottages at Nibley Park Condominium Plat Amendment.

MOTION: Shane Siwik

SECOND: Casey Fitts

Roll Call Vote:

Anderson Aye

Brusch Aye

Fitts Aye

Goddard Aye

Sitake Aye

Siwik Aye

Weaver Aye

Council Chair Anderson advised that the next two items on the agenda are connected with South Salt Lake Works. He asked Orrin Colby, a member of the board of directors, to

South Salt Lake - Regular Council Meeting January 11, 2006_____

speak about South Salt Works to give new Council Members an idea of what that organization is, who’s involved and what we’re trying to do.

Orrin Colby said he has enjoyed being at the meeting tonight, senses a change of spirit and he appreciates what he has observed.

South Salt Lake Works is a public/private partnership arrangement designed for the purpose of promoting housing and economic development within the City. For his perspective, it’s designed to help us look for blight areas and see what we might do about them. He was impressed with Mr. Gardner’s statement at this meeting about parts of our neighborhoods are really “tired.” It’s a 501(c)(3) not-for-profit organization and sponsored by South Salt Lake. We have involved people from the business community, citizen community and the political community: Jim Davis is Executive Director/Chairman of the Board. Marci Milligan, of the board, is employed by Fannie Mae. Other members of the board are Alan Urie, a vice-president with Wells Fargo Bank, and Orrin Colby. Bill Anderson represents the City Council. The Mayor has been invited to participate as a nonvoting member. They also enlist the support of David Carlson and Larry Gardner to ensure there will be a correct understanding of what is appropriate and not appropriate.

Mr. Colby said the projects that have been undertaken to date have been successful economically, aesthetically and in building the community. There is one on Adams Street between 2700 South and Garden Avenue consisting of four new units which have been sold. The City has recovered any funding which it put up. Part of the goal is to try to create improved housing environments that improve the City, but don’t have a detrimental effect economically. As these things occur, property values in our area go up. That means it’s a higher cost to get new properties, but it also means citizens are

benefited through improved property values. He invited members of the Council to call on him and others of the board if they would like further information.

Council Chair Anderson has asked City Attorney David Carlson to give some insights about Jim Davis’s role with South Salt Lake Works, particularly as its Executive Director and his compensation.

David Carlson reported that South Salt Lake Works is a nonprofit organization. Any revenue that it takes in, its goal is to put it back into the community. Jim Davis is the Executive Director. That is not a compensated position. Rather than spend revenues on salaries, the arrangement approved by the board of directors is to allow Mr. Davis, who is a real estate agent, to list properties that the nonprofit organization is involved with. He gets his compensation through the real estate commissions. The organization has a

South Salt Lake - Regular Council Meeting January 11, 2006_____

conflict-of-interest policy that requires that if there is a better deal the nonprofit can get than going through a board member or an officer, it should do that.

Council Member Anderson said that if there is that conflict of interest, the member of the board is not allowed to vote on those projects. This is a pay-for-performance arrangement. Normally an executive director would be a salaried position. South Salt Lake Works does not have the funds for a salaried position. Mr. Anderson said he would rather pay for performance. If the object of South Salt Lake Works is to bring housing projects to the City and we have hired Mr. Davis to be the executive director, we want him to perform before he gets paid. Mr. Anderson has no issues with that compensation arrangement. The projects are not approved by South Salt Lake Works; they’re merely developed by the organization. The parties that would be participating in those developments are brought together through the efforts of South Salt Lake Works. The approval of the projects comes from the City Council.

4. Southgate Planned Unit Development, 63–67 West 2700 South. Larry Gardner said there has always been the need for housing west of State Street. This is the most significant one that has come up. He believes it will change the character of the area. Three of the homes will front on 2700 South. A private drive will come off of 2700 South and makes a circular loop which will meet fire safety requirements. It will be a project of fifteen homes on this site of 1.2 acres in area. There is an existing older home on 2700 South (formerly owned by Olive Jones for about 65 years) which will be removed. The remainder of the property, .80 acre, is vacant. It was owned by the Duffin family which had approval for a commercial-type development. But they will be selling the property to South Salt Lake Works for this project. All of the property is a CN zone. The property can be accessed only from 2700 South. The rear and side yards of existing homes will abut the project. There are two fairly new homes next to the LDS Church on 2700 South/Main Street. Mr. Gardner pointed out on a map the subject property and

surrounding properties. The density is 12 units per acre. It will benefit the long-term housing of the City. New housing in this area will reduce the burden on the City’s Police and Fire. These new homes will change the character of that area. The General Plan and Fine Grain Master Plan call for preserving in tact housing and upgrading the housing in the area. The goals of those two plans will be met.

They are split-entry homes, three bedrooms, two baths, a two-car garage and no basement. Area of the homes is 1400 to 1500 square feet. The rendering is typical of the home that will be built. Roger Knight Construction is very good at varying the type of construction so it doesn’t look like fifteen of the same house. There will be different roof pitches and different architectural features. The homes will be somewhat like the existing Taylor Farms development in Salt Lake City, but more architecturally pleasing. The price will be about $210,000.

South Salt Lake - Regular Council Meeting January 11, 2006_____

Because this is a PUD there will be reduced setbacks. Rear yards will be 10 to 15 feet. The 15 foot rear yards will be in the center. The plan is to have the landscaping part of the common maintenance so there aren’t fences. It looks better to keep the whole thing open. The property will be entirely fenced. The road may be reversed because of storm drain issues. Garbage will be collected from a common receptacle. The three homes on 2700 South can put their garbage out for City collection. All of the homes could do that if they wanted to take their cans to 2700 South.

The Planning Commission granted preliminary approval of the project and recommends final approval by the Council with conditions listed in the staff report, a copy of which is attached and incorporated by this reference.

Council Chair Anderson asked how big are the lots in relation to Park Creeke lots. Mr. Gardner answered that Park Creeke lots are 3200 square feet. This project, with their portion of the private driveway, will be 3500 square feet, but part of that 3500 square feet includes the interior road.. Park Creeke is on a dedicated public right-of-way. These yards will be smaller than Park Creeke and they won’t have the drive approach.

Council Chair Anderson asked if Mr. Gardner keeps track of the conditions that are put into the requests. Mr. Gardner answered yes. When the projects are recorded he makes sure the plat conforms to that, the construction drawings and the associated CCR’s. There are four or five checks he can make.

Council Member Siwik remarked that the Council has voted on 28 new homes tonight. There are 33 new homes with preliminary approval from the Planning Commission at Lincoln Elementary. There will be the Granite School District offices property and Woodrow Wilson properties. Mr. Gardner added there are 12 new ones above 300 East

and eight where the body shop was taken out. Mr. Gardner has calculated that in 2006 there will be close to 200 new homes in South Salt Lake. Mr. Gardner commented that the interest is not stopping. There is interest in the TOD zone where there are massive amounts of property. It’s going to happen very quickly.

Jim Davis told the Council this would put him at nearly 300 homes that he has participated in building in South Salt Lake over the past 20 years. When they had torn a lot of things down and started Park Creeke, he wondered what they had done. They thought no one would buy a house there. Those houses sold out that summer. There were two successes. In Park Creeke and Southbrook, 70 to 80 percent of the people who bought those homes still live there. The second effect is the broader effect it has on the community. The real success of Park Creeke is Garden Circle, Gregson Avenue, the Park and the senior citizen center in the Park. The success of Park Creeke is there is a park there. The modern family wants to play golf, not cut the lawn. They want a little patio in

South Salt Lake - Regular Council Meeting January 11, 2006_____

the back. Nibley Park was started at $180,000. The last home at Granite Park, the same thing as Nibley Park, sold for $294,000. We are between Salt Lake City and Murray and development has always tended to jump over us. We stopped that with R. C. Willey, Best Buy and others. All of these things are spawning the development that is happening. It isn’t the cost of the dirt that drives the density issue. It’s what you can sell the house for. For this project and the Lambert project (which is coming up), you have to start with the answer and work back to the question. The answer is who’s going to buy the house, at what price, what features have to be in the house and what design characteristics have to be in the house. Because it’s west of State Street and it’s the first project of single family, detached housing, we’re pushing it at $210,000. This is a great risk for the developer. It’s hard to get first developers. West side residents are very supportive of this project because of the benefit it will have for the Southgate neighborhood in restoring the single family flavor. The property was rezoned to be Commercial which drove the cost features of the land to where we are now.

Council Member Siwik moved to suspend the rules so the Council can vote on the Southgate Planned Unit Development, 63-67 West 2700 South at this meeting.

MOTION: Shane Siwik

SECOND: Marilyn Brusch

Motion carried unanimously

Council Chair Anderson advised that he is the Council representative on South Salt Lake Works. There is no conflict of interest in his participation.

Council Member Siwik advised that he has worked with Jim Davis before. He has no financial interest in this project.

Council Member Siwik moved that the Council approve the Southgate Planned Unit Development, 63-67 West 2700 South, with the stipulation that the conditions outlined are met.

MOTION: Shane Siwik

SECOND: Casey Fitts

Roll Call Vote:

Anderson Aye

Brusch Aye

Fitts Aye

Goddard Aye

Sitake Aye

Siwik Aye

Weaver Aye

South Salt Lake - Regular Council Meeting January 11, 2006_____

5. Lambert Planned Unit Development, 415 East 3335 South. Larry Gardner reported there are many single family homes in the area, a large apartment unit and a 32- unit condominium project. South Salt Lake Works has purchased the property and Paulsen Construction has consented to develop it. It is a vacant .40 acre parcel which is to be subdivided into five lots. This is somewhat like Southbrook. Mr. Gardner likes the way they have configured the houses. This was zoned Commercial about seven years ago. Prior to that it was zoned Residential. The lots are about 3500 square feet, including the common driveway. This just about mirrors the Southgate project (just discussed) in yard size. The lot sizes of the existing single family homes are about 4500 to 4700 square feet. It will be connected to the existing neighborhood, with a private driveway entry from 3335 South. The rear yards of homes on 440 East will abut this project. The gross density is 12 units per acre. There is still some discussion about the driveway. It will likely turn into off-str