VIEWS: 54 PAGES: 18 POSTED ON: 12/23/2009
MINUTES OF THE CITY OF WEST JORDAN CITY COUNCIL MEETING Tuesday, July 20, 2004 6:00 p.m. Council Chambers 8000 South Redwood Road West Jordan, Utah 84088 ________________________________________________________________________ COUNCIL: Mayor Bryan D. Holladay, and Council Members Rob Bennett, Kathy Hilton, Mike Kellermeyer, Stuart Richardson, Kim V. Rolfe, and Lyle C. Summers. Gary Luebbers, City Manager; Roger Cutler, City Attorney; Melanie Briggs, City Recorder; Tom Burdett, Community Development Director; Wendell Rigby, Engineering Director/City Engineer; Don Bruey, IMO Director; Ken McGuire, Police Chief; Jake Nielson, Fire Chief; Brad Wardle, Assistant Fire Chief; Dave Zobell, Finance Director; Jim Riding, Construction Manager; Matt Jarman, GIS Administrator and Rick Lewis, City Planner. STAFF: Mayor Holladay called the meeting to order at 6:03 p.m. The Pledge of Allegiance was led by Josh Shaw. I. CITIZEN COMMENTS Representative Steve Mascaro, expressed appreciation to the Council. He addressed the kickoff fundraiser for the “CommUnity” build playground. He indicated the barbeque would be held at the Historical Museum, Thursday, July 22. He invited all of the City Council and all citizens to attend the event. He discussed the events for the evening. Robbie Dalley, member of CommUnity playground, addressed the first fund raising kickoff. He described the redwood fence that would surround the park with citizen’s names, after a “picket” is purchased for various amounts. He indicated there would be other fundraisers for the construction of the playground. Jo Ann Hamilton, West Jordan resident, president of Citizens For Families, indicated they are working to help each community establish “Child Appropriate Behavior.” She addressed her concern with Bikini Cuts, and her concern with the similarities with sexually oriented businesses. She felt sexually oriented businesses bring in a bad environment. She felt this business does not fit the “Child Appropriate Behavior.” City Council Meeting Minutes July 20, 2004 Page 2 Bethany Prince, President of Bikini Cuts, indicated they have been in business in Sandy for almost a year. The business has been doing great and hasn’t brought any community standards down as far as she knows. She felt her business is child appropriate. She indicated they are only a theme salon (beach theme), and do not want to offend anyone or cause any problems to West Jordan. She invited anyone to visit her establishment and the environment. She stated all of the hair stylists wear sarongs with everything covered. Mayor Holladay indicated the property owner hopes for a lot of press, and public out cry to help with advertisement. Lauren Magleby, West Jordan resident, expressed a 7th grade student’s point of view regarding Bikini Cuts. She was concerned with the effect it would have upon the children of the community. Barbara Neville, West Jordan resident, addressed the general plan and the statement of having a healthy environment. She addressed how pornography can destroy a community. She hoped the Council would be sensible with their decision. Mike Fuller, operator of Bikini Cuts business, stated the reason Bikini cuts was so successful was because of the advertisement from the people against their establishment. He stated this was a “fun beach atmosphere.” They researched the legal rights for the business, and indicated they would be able to walk down the street in the same attire. He addressed the environment with movies today. If someone does not want the business in the City, then do not visit. He stated to keep up the protesting, because they would like to open up five more. Mayor Holladay stated, “We have freedom in this country to be a jerk, I guess.” Shelley Shaw, West Jordan Resident for 15 years, stated she hates the Bikini Cuts business and what it would do to the City. She discussed her history representing the PTA. She has served in the PTA many times, as PTA President three times, in which this is her second time serving at the middle school that is very close to this business. This is why she is so concerned. She addressed the Lieutenant Governor’s report on pornography, and how the citizens’ have the right to decide what is appropriate to be in their community. She indicated Bikini Cuts has already violated the City Ordinance because they have a banner illegally, and are working inside without a building permit. She would like to be placed on the agenda to provide information for a “Child Appropriate Behavior” resolution. Steve Brown, West Jordan Resident, indicated he is a patron of Bikini Cuts. He said people still believe this is a small farm town, but we are not, we are a big town. The first place you need to teach morals to your children is in your own home. City Council Meeting Minutes July 20, 2004 Page 3 Natalie Smith, West Jordan Resident for 6 years, indicated she went through her neighborhood with a petition, and was very successful. She felt if Bikini Cuts were allowed, what else would be allowed into the City that would cause the City’s morality to decline. Rebecca Lamon, West Jordan Resident for 7 years, discussed the Nation was built on majority rule. She felt we have an obligation to the youth. She stated this would be the first step into pornography, and unable to return. She said this would harm their minds. Rick Shaw, West Jordan Resident, felt the comment made by the owner of Bikini Cuts, of a “fun beach atmosphere” was a concern. He felt when the hairstylists visit other stores within the community it is offensive. He hoped this community would not stoop so low as to allow this business. Greg Miller, West Jordan Resident, felt bikinis belong at the swimming pool and at the beach, but not in a business. Laura Maynes, West Jordan Resident for 10 years, owns a salon in West Jordan. She was disgusted with Bikini Cuts website. She presented a petition with 89 signatures opposed to the business in West Jordan. She could not cut hair wearing this attire. She discussed the dress code required when she went to school. Josh Shaw, West Jordan Resident, was opposed to Bikini Cuts. He addressed the dress code required at West Jordan schools. He felt if Bikini Cuts was allowed to come in, they should have a dress code also. George Laird, West Jordan Resident for 18 years, discussed the comments made by the owner of Bikini Cuts. He discussed the rights of individuals to do what they choose. If the Council has the ability to restrict in any way, the citizens would appreciate any effort made. Stan Fitch, West Jordan Resident, stated he was not in attendance to attack the salon. He was a customer of Bikini Cuts, and indicated they are experienced and know what they are doing. He stated they are not doing anything wrong and felt this should not be an issue. Ron Garrett, West Jordan Resident for 6 years, felt they are selling sex and are stepping over the line. Kayleen Laird, West Jordan Resident, concerned with the closeness of Bikini Cuts to a number of schools. She was also concerned with the message being sent to young men and women in the City. Jana Bailey, West Jordan Resident, recently heard about Bikini Cuts. She was concerned with the close proximity of the hairstylists. She did not feel they should wear this attire and should not be allowed in the City. City Council Meeting Minutes July 20, 2004 Page 4 Mayor Holladay stated that there is not a lot the Council can do. This issue has been discussed with the City Attorney, and is exploring every avenue possible. The Council appreciates all of the citizen input. We need to make sure that we call the developer of the mall; we call any stores in the mall; and try to vote, if you will, with how we spend our dollars. The one thing that we need to make sure that we do, is that we do not patronize it, and we do not give them free publicity. In the meantime, the Council will explore some of the issues on community standards received from the PTA. The Council will do all that they can in that regard. The Council and I are very, very disappointed in this, and Council members have come to me many times asking how to deal with this, what can be done. The Constitution allows this kind of a thing; the Constitution allows a lot of things, but does not necessarily make it right. In reality, like one of our great philosophers said, “all that evil needs to prosper is for good men to do nothing,” but there is a caveat that we need to remember, sometimes evil can prosper if good men do the wrong thing. So, we need to make sure that we approach this in a way that does not give them greater publicity. II. PRESENTATIONS OATH OF OFFICE FOR NEW POLICE OFFICERS Gary Cox introduced the new Officers, Jeff Moskalik and Robert Nixon. He indicated they both came from the Highway Patrol. Melanie Briggs, City Recorder, administered the Oath of Office to the two new police officers. BADGE PINNING CEREMONY FOR THE POLICE DEPARTMENTS NEW LIEUTENANTS AND SERGEANTS Gary Cox introduced Kyle Shepherd and Dean Waters as the new Lieutenants. He gave a brief history of each individual. He also introduced Aaron Jensen and Travis Rees as the new Sergeants. He gave brief histories of each individual. The wives of each new officer, and newly promoted police officers pinned the badges on each individual. The Council and Gary Luebbers congratulated each officer and their wife. III. 5.1 5.2 CONSENT ITEMS Approve the minutes of June 15, 2004, and June 22, 2004 as presented Approve Resolution 04-105, regarding bond reduction for Liberty Village at West Jordan Market Place Phase 2, located at approximately 5600 West 9000 South Approve a Temporary Beer License for St. Joseph the Worker Catholic Church’s Folkfest 2004 on September 10, 11 & 12, 2004 5.3 City Council Meeting Minutes July 20, 2004 Page 5 5.4 5.5 Declare as surplus property and authorize the sale or disposition of various computer related and furniture items Approve Resolution 04-106, regarding City Council appointments to various Committees Councilmember Kellermeyer moved to approve Consent items 5.1 through 5.5. The motion was seconded by Councilmember Rolfe. MOTION: A roll call vote was taken Councilmember Bennett Councilmember Hilton Councilmember Kellermeyer Councilmember Richardson Councilmember Rolfe Councilmember Summers Mayor Holladay The motion passed 7-0. IV. BUSINESS ITEMS Yes Yes Yes Yes Yes Yes Yes PRESENTATION BY DAVE LELAND REGARDING THE “PLACE MAKING” REDEVELOPMENT OF THE BRIARWOOD RDA AREA Tom Burdett introduced Dave Leland with Leland Consulting, working on the Briarwood RDA Area. He indicated he would provide preliminary findings on the area. Dave Leland, Leland Consulting, expressed his appreciation for the opportunity to work with the City on the Town Center Redevelopment Project. He gave a presentation to the Council on the status of the project. Listed below are points that he addressed: Market Reconnaissance • Population Growth • Age • Household Size • Income • Employment Trend in West Jordan • Residential Building Activity Real Estate Trends • Ownership and Rental Housing • Home Values • Rental Market City Council Meeting Minutes July 20, 2004 Page 6 • Residential Trends • Stakeholder Interview Comments • Retail • Employment/Office Market Preliminary Development Program • Town Center Site • Development Opportunities • Preliminary Investment Analysis Building The Town Center • Defining Cities • Types of Town Center Development • Encourage & Stimulate Development • Universal Town Center Problems • Attributes of a Healthy Town Center • Qualities of Town Center Redevelopment • Implementation Strategy • Make a Great Plan • Committed, Ongoing Leadership • Development Standards • Communications and Marketing • Supportive Government Case Studies • Tualatin Commons, Tualatin, OR • Metro Square, Sacramento, CA • Lakeview Village, Lake Oswego, OR The City Council, and staff discussed clarifying questions with Mr. Leland. DISCUSSION AND POSSIBLE ACTION REGARDING POTENTIAL RODEO ARENA FUNDING SOURCES Councilmember Hilton stated the City Council requested staff to create a list of possible funding sources for the rodeo relocation. The list totaled $1,230,000 with the following items: 1) Defer Railroad Park Project, $290,000; 2) Reduce Developer Reimbursements, $600,000; 3) Defer part of loan repayment to Water, $220,000, and 4) Proceeds from Gus Paulos Sales $120,000. MOTION: Councilmember Hilton moved to cap the amount not to exceed $1 million, and return $230,000 to reduce the developer reimbursements to provide the opportunity to go out and get some bids. The motion was seconded by Councilmember Kellermeyer. The Council and staff discussed clarifying questions regarding the proposed funding sources. City Council Meeting Minutes July 20, 2004 Page 7 Councilmember Hilton indicated the proposed motion directs staff to receive bids and evaluate the proposed cost for relocating the Rodeo Arena. Gary Luebbers indicated the $1 million would not provide the Rodeo Arena of their dreams, it would only provide the bare minimum. Councilmember Bennett was concerned with depriving other parts of the City in order to pay for items for a select group. He recommended not deferring the Railroad Park Project. The Council discussed the possibility of removing the Railroad Park Project from the list. AMENDMENT TO THE MOTION: Councilmember Summers moved to amend the motion to reduce the amount of $1 million with removing the $290,000 for the Railroad Park Project. The motion was seconded by Councilmember Bennett. Councilmember Rolfe felt the Main Park and Rodeo Arena should be finished before another satellite park is developed. VOTE ON AMENDMENT TO THE MOTION: A roll call vote was taken Councilmember Bennett Councilmember Hilton Councilmember Kellermeyer Councilmember Richardson Councilmember Rolfe Councilmember Summers Mayor Holladay The motion failed 2-5. MOTION: Councilmember Summers made a personal privilege to allow a Planning and Zoning Commission member to address the location for the Rodeo Arena. The motion was seconded by Councilmember Bennett and passed 7-0 in favor. Yes No No No No Yes No Greg Simonson, Planning & Zoning Commission Chairman, stated over the past two years the Planning & Zoning and General Plan Committee had worked very hard to adopt a new General Plan. He felt it was important to implement this plan. He addressed the various areas of low/very low-density areas specifically surrounding the Ron Wood Baseball Complex. He said if funds were spent, it would be beneficial to have the facility City Council Meeting Minutes July 20, 2004 Page 8 used more than once a year. He discussed information he received from the Salt Lake County Equestrian Park located in West Jordan. Several trails tie into the Ron Wood Complex. He felt this would be a great asset to the Rodeo Arena, and made good planning sense. He stated the General Plan was in good standing and was ready for this proposal. The Council discussed the possibility of postponing a decision, verses receiving information regarding the cost for an Arena. The infrastructure for the Ron Wood location would be over $1 million. Councilmember Summers felt moving the Rodeo Arena to the South end of the park, would not deter a park like development at the Ron Wood Complex. Greg Simonson, Planning & Zoning Commission Chairman, suggested creating a Special Improvement District in this area. Councilmember Richardson felt this was a good direction because of the timeframe. He felt it was a great idea to work with the County on a possible recreation center out West. Councilmember Rolfe stated that if the Planning & Zoning Commission proposed something for this area, it would be beneficial for the Council to consider. Councilmember Rolfe felt the Rodeo Arena could be constructed for far less than the $1 million. VOTE ON THE MAIN MOTION: A roll call vote was taken Councilmember Bennett Councilmember Hilton Councilmember Kellermeyer Councilmember Richardson Councilmember Rolfe Councilmember Summers Mayor Holladay The motion passed 7-0. MOTION: Councilmember Bennett moved to direct staff to gather estimated costs to relocate the Rodeo Arena, including earth work movement required and cement pads that would be required in order to put up those structures at both the South end of the park and at the Ron Wood Complex, not including infrastructure improvements, but purely costs required. The motion was seconded by Councilmember Summers. Yes Yes Yes Yes Yes Yes Yes City Council Meeting Minutes July 20, 2004 Page 9 A roll call vote was taken Councilmember Bennett Councilmember Hilton Councilmember Kellermeyer Councilmember Richardson Councilmember Rolfe Councilmember Summers Mayor Holladay The motion passed 7-0. CONSIDER FOR APPROVAL RESOLUTION 04-107, AWARDING THE BID FOR THE CITY OF WEST JORDAN JUSTICE CENTER, AND AUTHORIZE THE MAYOR TO EXECUTE CONTRACT DOCUMENTS WITH INTERWEST CONSTRUCTION Wendell Rigby said the Council previously authorized staff to proceed with Contractor bidding for the construction of the new West Jordan City Justice Center. Staff subsequently published through Joe Hall, the City’s Purchasing Agent, a “Request for Qualifications” (RFQ) to begin the selection process. A committee consisting of the Building Official, Construction Manager, Director of Engineering, Gordon Clark a representative of JRCA Architects, and Gary Jeffs of the Police Department, evaluated the eight RFQ’s submitted and narrowed the bidding field to six qualified contractors. Layton Construction, one of the six, later withdrew leaving five bidding contractors. Bids were received on June 17, 2004, with Interwest Construction being the low bidder at $6,800,000.00. Subsequent value engineering has reduced the amount to $6,556,817.00. This contract was funded from the proceeds of the General Obligation Bond. Wendell Rigby indicated a project of this type does not happen without a number of people involved. He recognized Jim Riding as the Construction Manager, and for the exceptional job he has performed. He reviewed the history of the process for the construction of the Justice Center. Construction will begin July 21, 2004 and would be finished within 14 months. The Ground Breaking Ceremony will be Tuesday, August 3, 2004 at 4:30 p.m. The Council addressed clarifying questions regarding the contract. Staff recommended City Council award the contract for the construction of the new West Jordan City Justice Center to Interwest Construction in the amount of $6,556,817.00. Yes Yes Yes Yes Yes Yes Yes City Council Meeting Minutes July 20, 2004 Page 10 MOTION: Councilmember Rolfe moved to award a contract with Interwest Construction, for the construction of the new West Jordan City Justice Center and adopt resolution 04-107 authorizing the Mayor to execute a contract. The motion was seconded by Councilmember Kellermeyer. . Councilmember Richardson expressed his appreciation to Jim Riding for his efforts with this project, the City Park, and the previous Fire Stations. A roll call vote was taken Councilmember Bennett Councilmember Hilton Councilmember Kellermeyer Councilmember Richardson Councilmember Rolfe Councilmember Summers Mayor Holladay The motion passed 7-0. Councilmember Hilton expressed her appreciation to the staff that has spent their time and effort to get to this point. Mayor Holladay commented that he felt the City handled the bidding process very fairly, and was very proud of them for handling it that way. DISCUSSION REGARDING USE OF SUGAR FACTORY PLAYHOUSE Councilmember Bennett stated that during the rodeo he was approached by a member of the Arts Council who expressed an interest in how the Council came up with the policy on the use of the Sugar Factory Playhouse, and could this facility possibly be used for performing groups that may be interested in utilizing it for their own performances. Also, the concern was expressed whether other groups may be at priority on it, so that they possibly could not get in and use the facility that they have helped to create, and thus to be preempted. Councilmember Bennett thought it would be good to have staff provide research ahead of time and decide what would be good, fair use of that facility. Paul Coates stated that the issues identified surrounding the space called the West Jordan Playhouse, whether used by the Arts Council or any other group, are designed to be uniform and applied to anybody that would be asking to use that space. He pointed out that of the issues listed below, some are needed, some are more just for convenience, and the remainder are just philosophical in nature and needed to be addressed by the Council. He stated the issues as follows: 1) bathroom facilities are not available and would need to Yes Yes Yes Yes Yes Yes Yes City Council Meeting Minutes July 20, 2004 Page 11 be brought in by any group in the performing arts to do that; 2) water; 3) liability insurance would just need to allow for occupancy; 4) seating; 5) outside landings need improvement for stability; 6) exiting solutions; 7) no air conditioning or sufficient heat; 8) potholes in parking lot; 9) environmental issues; 10) security, and 11) citizen’s initiative to help support the cost of the lease of the building. Of these issues, the only item that would absolutely need to be completed is the seating arrangement. He pointed out that there might be funds remaining from the original $5,000 approved by the Council for improvements. MOTION: Councilmember Bennett moved to have a moratorium on additional groups going into the Sugar Factory area, until the feasibility study that funds were appropriated by the Council, and then presented to the Council. Also, the Arts Council only, having exclusive rights to use of the facility. The motion was seconded by Councilmember Summers. A roll call vote was taken Councilmember Bennett Councilmember Hilton Councilmember Kellermeyer Councilmember Richardson Councilmember Rolfe Councilmember Summers Mayor Holladay The motion passed 5-2. CONSIDER FOR APPROVAL RESOLUTION 04-108, REGARDING RECOMMENDATION TO NAME NEW MIDDLE SCHOOL LOCATED AT 8200 SOUTH U-111 (7000 WEST) AS “RONALD REAGAN MIDDLE SCHOOL” Gary Luebbers said citizens had requested that the City give support for the name for the new middle school to be recommended as “Ronald W. Reagan Middle School.” A resolution had been prepared at the request of Councilmember Kellermeyer. This recommendation would be sent to the Jordan School Board of Directors. Staff recommended approving the resolution recommending the name of the new middle school to be “Ronald W. Reagan Middle School.” Councilmember Kellermeyer stated to the Council that as the process of naming the new middle school at approximately 8200 South and Utah State Road 111 begins, he would urge his esteemed colleagues on the Council to support the recommendation to Mr. Randy Brinkerhoff, who is in charge of our area on the Jordan School District Board, to name the school after Ronald Wilson Reagan, or simply Ronald W. Reagan, one of Yes Yes Yes No Yes Yes No City Council Meeting Minutes July 20, 2004 Page 12 America’s most beloved presidents. He continued that President Reagan overwhelmingly carried our State in his 1984 bid for re-election. Voters gave him 75 percent of the popular vote, the highest of any state in the nation. His legacy is one of defeating the evil empire of Soviet communism, restoring national pride, and ending the economic malaise by cutting taxes, which resulted in the longest economic expansion in history. We can help further President Ronald W. Reagan’s vision by naming the newest school in our City after this great man. His strong belief in God, family, and country can be immortalized not only in brick and mortar, but also in the education of our children, who will continue to build our City long after we are gone. MOTION: Councilmember Kellermeyer moved to approve Resolution 04-108, confirming the City Council’s recommendation to name the new middle school as “Ronald W. Reagan Middle School.” The motion was seconded by Mayor Holladay. Councilmember Hilton commented that this motion comes about a week late. Councilmember Kellermeyer confirmed that yes; it was a week late due to the Jordan School Board thought the resolution had already been voted on by the City, whereas it had just been recommended by Councilmember Kellermeyer. Councilmember Hilton advised Councilmember Kellermeyer to call the Jordan School Board to have their minutes corrected, because he spoke on behalf of the Council as a whole. Councilmember Hilton was concerned with not following correct School Board Policy for the naming of the new middle school. Hilton explained that the policy of the School Board for naming schools in their boundaries was to go to the area boundaries where the school will be and put a school community group together. That school community group will then solicit names from the community of the school, and then the school community group presents those names to the board. Councilmember Hilton felt that correct procedure would be to forward this on as a recommendation, rather than a resolution, to the school community group and let them proceed as they should. Councilmember Kellermeyer withdrew his motion based on this information. MOTION: Councilmember Kellermeyer moved to recommend to the school community group to name this new school as Ronald W. Reagan Middle School. The motion was seconded by Councilmember Summers. A roll call vote was taken City Council Meeting Minutes July 20, 2004 Page 13 Councilmember Bennett Councilmember Hilton Councilmember Kellermeyer Councilmember Richardson Councilmember Rolfe Councilmember Summers Mayor Holladay The motion passed 7-0. Yes Yes Yes Yes Yes Yes Yes Councilmember Rolfe excused from the meeting at 8:53 p.m. DISCUSS AND CONSIDER SUPPORT FOR STATEWIDE OPEN SPACE BOND Councilmember Summers reviewed information from the “Utah Clean Water, Quality Growth and Open-Space Initiative” fact sheet. Topics discussed were: 1) length of time this tax will be on us is for 10 years; 2) tax will be for five hundredths of 1%, on the sales tax. That means if you were to buy a new car for $20,000 your sales tax would be $10 more, and 3) funds will be administered by the Utah Quality Growth Commission and that Commission is appointed by the Governor through the “Quality Growth Act of ’99.” Any projects chosen by the directors in the Division of Planning & Budget, Division of State Parks, Cities & Counties would play a role in this committee that would serve to administer and be responsible for determining which properties and which areas of the State are being reserved as open space as well as place them in a trust so they could not be liquidated by legislatures down the road who may want to sell off money to make up for tax deficit. The Council and staff discussed clarifying questions. Rick Lewis addressed the question of why this initiative did not qualify to be placed on the ballot. Rick stated that the petition supporters would petition to the Utah Supreme Court for review of the signatures. The Supreme Court would make a determination if this can be placed on the ballot in November. The petitioners were required to receive 10% of the registered voters from 26 of the 29 Senate Districts. He indicated they received the required signatures from only 24 Districts. The Senate Districts that did not receive the required votes were Districts 6 and 10. MOTION: Councilmember Kellermeyer moved to extend the meting past 9:00 p.m. The motion was seconded by Councilmember Summers and passed 6-0 in favor. Councilmember Summers would like to see City Council support this Open Space Initiative, but because the decision is placed on hold until a determination is made, he was not sure if this was the appropriate time. City Council Meeting Minutes July 20, 2004 Page 14 MOTION: Councilmember Richardson moved to support the ballot if the Utah State Supreme Court determines it is valid and would be allowed on the November 2004 ballot. The motion was seconded by Councilmember Summers. A roll call vote was taken Councilmember Bennett Councilmember Hilton Councilmember Kellermeyer Councilmember Richardson Councilmember Rolfe Councilmember Summers Mayor Holladay The motion passed 6-0. Councilmember Richardson stated if the bond were to pass, the City could increase the current Open Space Bond with matching grants. V. PUBLIC HEARING Yes Yes Yes Yes Absent Yes Yes CONSIDER FOR APPROVAL ORDINANCE 04-29, REGARDING A REZONE OF APPROXIMATELY 25 ACRES FROM R-1-6A (SINGLEFAMILY RESIDENTIAL 6,000 SQ. FT. LOT MIN.) TO P-F (ZC) (PUBLIC FACILITIES WITH ZONING CONDITIONS) FOR THE COUGAR PARK OPEN LAND AREA LOCATED AT APPROXIMATELY 6451 SOUTH COUGAR LANE, CITY OF WEST JORDAN, APPLICANT Tom Burdett said the subject property was located on the east side of Cougar Lane between Oquirrh Shadows subdivision to the north and west; and Cougar Lane Subdivision that had received preliminary plat approval by Planning Commission on April 7, 2004. After preliminary approval of the subdivision to the south the Planning Commission requested staff to take action to preserve the remaining portion of the Salt Lake County Park. Surrounding land uses included: existing and future residential uses located to the south and west; industrial uses located to the east; and commercial uses located to the north. The rezone application was an effort by the City of West Jordan to preserve the currently developed Cougar Park as open space. The planning staff recommended that the conditional uses listed in the Public Facilities zone be prohibited as condition of zoning. Planning staff had presented the following rezone criteria and evaluation to the Planning Commission. Criteria 1: The proposed amendment is consistent with the purposes, goals, objectives, and policies of the City’s General Plan. City Council Meeting Minutes July 20, 2004 Page 15 Discussion 1: The current General Land Use Plan designates this property as “Parks and Open Space”. The City had given staff direction to take measures that preserves the neighborhood’s remaining parks and open space. Finding 1: Staff believed that this rezone with zoning conditions would preserve the areas open space to promote and maintain a safe and attractive neighborhood that was consistent with the City’s General Plan for parks and open space. Criteria 2: The proposed amendment is harmonious with the overall character of existing development in the immediate vicinity of the subject property. Discussion 2: Surrounding land uses included: existing and future residential uses located to the south and west; industrial uses located to the east; and commercial uses located to the north. Finding 2: The proposed amendment to the zoning map was harmonious with the overall character of the existing development in the immediate vicinity of the subject property. Criteria 3: The proposed amendment will not adversely affect adjacent properties. Discussion 3: The impacts created by the proposed amendment would not have any type of adverse impact to the surrounding area. The proposed amendment was only an action to preserve the existing park and open space that was in Salt Lake County’s control. Finding 3: The proposed amendment will not adversely affect adjacent properties. Criteria 4: The proposed amendment is consistent with the provisions of any applicable overlay zoning districts, which may impose additional standards. Discussion 4: The property was not located in any overlay zoning districts; therefore there are no additional standards. Finding 4: The proposed amendment was not located in any overlayzoning district and there are no additional standards. Criteria 5: Public facilities and services intended to serve the subject property, including but not limited to roadways, parks and recreational facilities, police and fire protection, schools, storm water drainage systems, water supplies, and wastewater and refuse collection, are adequate. City Council Meeting Minutes July 20, 2004 Page 16 Discussion 5: Adequate public facilities were currently being provided. Finding 5: Adequate public facilities were currently being provided. General Plan Compliance The City’s request was to rezone the property to P-F is in conformance with the General Land Use Plan and Map. The Planning Commission recommended that the City Council approve the rezoning of approximately 25 acres from R-1-6A (single family residential on a minimum of 6,000 square foot lots) to P-F (public facility) located at 6850 South Cougar Lane based on the finding made on June 2, 2004. The Planning Commission made the recommendation that the conditioned uses be prohibited. The City Council and staff addressed clarifying questions. Mayor Holladay opened the Public Hearing. Ron Garrett, West Jordan Resident, stated he was concerned with the water on the property. He was concerned if a substation could be built on this property. Linda Dalley, West Jordan Resident, stated the Planning & Zoning Commission only wanted to preserve the area as open space for the residents in the neighborhood. The main concern was to have the parking lot asphalted. There was no one else who desired to speak. Mayor Holladay closed the Public Hearing. MOTION: Councilmember Summers moved to adopt ordinance 04-29, rezoning approximately 25 acres from R-1-6A (single family residential on a minimum of 6,000 square foot lots) to P-F (public facility) located at 6451 South Cougar Lane, with zoning conditions based on the findings and following conditions set forth in the ordinance; the existing public facilities are consistent with goals of the General Plan. The motion was seconded by Councilmember Bennett. A roll call vote was taken Councilmember Bennett Councilmember Hilton Councilmember Kellermeyer Councilmember Richardson Councilmember Rolfe Councilmember Summers Mayor Holladay Yes Yes Yes Yes Absent Yes Yes City Council Meeting Minutes July 20, 2004 Page 17 The motion passed 6-0. VI. COMMUNICATIONS CITY MANAGER COMMENTS/REPORTS Gary Luebbers expressed his appreciation to the City staff for their efforts with the Justice Center. He indicated staff was very instrumental in bringing in the State District Court, which in turn allowed considerable funding for the Justice Center. COUNCIL COMMENTS/REPORTS Mayor Holladay also expressed his appreciation to Gary Luebbers for his efforts and diligence in establishing funding for the Justice Center. Councilmember Kellermeyer expressed his appreciation to staff for their hard work. REPORT ON STATUS OF RECYCLING PROGRAM Councilmember Bennett requested a report on the recycling program, regarding the success and the input by the citizens and any questions. Gary Luebbers indicated he would have the information provided to the Council in a memo form. COUNCIL COMMITTEE MEETING Councilmember Summers indicated he would be unable to attend a meeting the following morning. Councilmember Hilton stated she was unable to attend these meetings. Councilmember Richardson indicated he would attend the meeting. SKATEBOARD PARK Councilmember Richardson directed staff to review funding sources, possible locations and costs of building a skate park in the Main Park in the near future. Gary Luebbers indicated he would provide the information. UPCOMING EVENTS Mayor Holladay reminded the Council of the upcoming fund raising BBQ for the Ron Wood memorial fundraiser. He also reminded the Council of the BBQ for the CommUnity playground, Thursday, July 22. XERISCAPE PROGRAM Mayor Holladay indicated a press conference was held Tuesday, July 20 with Jordan Valley Water Conservancy District regarding the home recently landscaped as Xeriscape. City Council Meeting Minutes July 20, 2004 Page 18 They have requested the Council visit the home in West Jordan recently landscaped through their program. He requested Councilmember Summers arrange a time for this. VII. CLOSED SESSION DISCUSSION AND QUARTERLY UPDATE REASONABLY IMMINENT LITIGATION ON PENDING OR DISCUSS THE PURCHASE, EXCHANGE, SALE OR LEASE OF REAL PROPERTY DISCUSS PERSONNEL ISSUES COUNCIL: Mayor Bryan D. Holladay, and Council Members Rob Bennett, Kathy Hilton, Mike Kellermeyer, Stuart Richardson, and Lyle C. Summers. Kim V. Rolfe was excused. Gary Luebbers, City Manager and Roger Cutler, City Attorney Mayor Holladay moved to go into a Closed Session to discuss quarterly update on pending or reasonably imminent litigation; the purchase, exchange, sale or lease of real property, and personnel matters, and adjourn the City Council meeting from there. The motion was seconded by Councilmember Kellermeyer and passed 6-0 in favor. STAFF: MOTION: The Council recessed into a Closed Session at 9:20 p.m. to discuss the above mentioned items and reconvened into an Open Session at 11:45 p.m. The meeting adjourned at 11:45 p.m. The content of the minutes is not intended, nor are they submitted, as a verbatim transcription of the meeting. These minutes are a brief overview of what occurred at the meeting. BRYAN D. HOLLADAY Mayor ATTEST: MELANIE S. BRIGGS, CMC City Recorder Approved this 17th day of August 2004
"MINUTES OF THE WEST JORDAN CITY "