SOUTH JORDAN CITY
CITY COUNCIL MEETING
January 3, 2012
Present: Mayor Kent Money, Council Member Mark Seethaler, Council Member Chuck Newton, Council Member Brian Butters, Council Member Steve Barnes, Council Member Larry Short, City Manager John Geilmann, City Attorney Rob Wall, ACM Laurie Johnson, ACM Gary Whatcott, Police Chief Lindsay Shepherd, Director of Business Services Jon Day, City Council Secretary MaryAnn Dean
Others: Kristen Seethaler, Mark T. Woolley, David S. Alleman, Ben Young, Lorene Thompson, Beverly Hutchings, Rob Willardson, Gregory Wise, Clark Mabey, Leona Winger, Cherie and David Barnes, Ken and Carol Brown, David Handrahan, Pam Sherburne, Cindy Woolley, Dianne Blaney, James Nelson, Lucy Crookston, Peter Stevens, Ariel Taylor, Dillon Herrera, Jake Warner, Kim Wimmer, Jacob Wimmer, Max Wimmer, Annie Wimmer, Shayla Wimmer, Susan and Melanie Egbert, Linda Alleman, Debbie Wood, Dan Johnson, Wendy Woolley Paul, David Mark Woolley, Vicki Money, Alicia Money, Malinda Money, Weston Blaney, Dwayne Woolley
6:00 P.M.
COUNCIL CHAMBERS
REGULAR MEETING
I. GENERAL BUSINESS
A. Welcome and Roll Call
Mayor Money welcomed everyone present. He welcomed the new City Council members: Mark Seethaler, Chuck Newton, and Steve Barnes.
Mayor Money indicated that one purpose of the meeting is to select a new Mayor. Being mayor has been nothing but a joy and satisfaction in the service of their community. It was a privilege to serve. South Jordan will carry on because of its citizens and the City Council that has been formed.
B. Opening Ceremony
1. Invocation
Council Member Butters offered the invocation.
2. Pledge of Allegiance
Park Elwell, scout, led the audience in the Pledge of Allegiance.
Mayor Money recognized some scouts present. Scout Troops 411 and 1505 were introduced.
C. Motion to Approve Amended Agenda Items, If Any
None.
D. Minute Approval
1. December 6, 2011 Work Session Minutes
2. December 6, 2011 Regular Meeting Minutes
Council Member Short made a motion to approve the December 6, 2011 Work Session and Regular Meeting minutes, as printed. Council Member Butters seconded the motion. The vote was unanimous in favor.
II. COUNCIL APPOINTMENT OF MAYOR
A. Mayoral Applicants Address City Council (3 minutes each)
Mayor Money expressed his appreciation for the interest that the applicants have shown for the affairs of this community. His work assignment is taking him out of the Country to New Zealand. He said he will be offering his resignation. It will be an honor for who is appointed to represent the City. This Council with the new Mayor will continue to lead the City in a positive direction.
Mayor Money indicated that he would not support or recommend any individual that is taking his place. He said the new council needs to choose that individual.
Council Member Seethaler read a prepared statement by the Council to the audience as follows:
Clearly, this evening marks an historic occasion within the City of South Jordan. Virtually unprecedented, the majority of this Council is new today and our first order of business together as a Council is to select a mayor. As Mayor Money is no longer able to serve, our rule of law requires that the five voting members of this City Council make the appointment from among those who make a qualified application. In our case, we have 19 men and women who have so qualified themselves to be considered to lead this Council and perform the variety of duties attendant to the office of mayor for the remaining two years of Mayor Money’s term. Each applicant deserves our appreciation, having prepared themselves through past experience, future vision, and a desire to serve.
The reality is that only one of the applicants will be selected this evening. Contemplating this fact, there are two matters we as a Council ask each of you to consider –
First, by law, this is an appointment and not an election. Each Council member has been duly elected by the public vote of their respective districts. Respecting that fact, this now is a duty we have to perform – to select not only a qualified mayor, but an effective team member. Each of the Council members has been solicited in a variety of ways over the past few weeks in support of one applicant or another. Individual mayoral applicants have invited Council members to discuss the issues facing our city and question their qualifications for the position they are seeking. Untold hours have been spent in this process of carefully listening to applicants’ views, inquiring about their understanding, experience, and views on the future of our city.
Tonight represents an opportunity for us all to hear briefly from each of the applicants and to observe this phase of the process. We are grateful for your interest as demonstrated by your presence here tonight. While individually you may have a preferred applicant, tonight is not about popularity, or public support. Tonight is about the process of established law and the serious responsibility this Council has to do what they believe is in the best interest of the city. Therefore, we ask you respect each of the applicants and not to make a public show of support through applause or otherwise for any one in particular.
Second, as this process unfolds and 19 hopefuls become one final selection, we understand that most of you, initially, will be disappointed. As a Council we assure you that we take this responsibility very seriously and that our final selection will represent, in our majority view, an excellent choice for the honor of serving as our city’s next mayor. Therefore, our request is that we unite as residents of South Jordan behind the individual selected, quickly putting our personal preferences aside and determining how our energies might best be channeled into service for the continuing growth and betterment of our community.
Thank you for your attendance and support.
CM Geilmann outlined the process under which the meeting will proceed. There were no objections to the process.
The Mayoral applicants were dismissed and escorted back in one at a time.
Council Member Newton made a motion to take a break. Council Member Short seconded the motion. The vote was unanimous in favor.
B. Potential Closed Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual.
Council Member Barnes made a motion to go into a closed meeting to discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Council Member Newton seconded the motion. The vote was unanimous in favor.
Closed Meeting held.
Council Member Butters made a motion to adjourn the closed meeting and go back into an open City Council meeting. Council Member Barnes seconded the motion. The vote was unanimous in favor.
C. Appointment of New Mayor By City Council Vote
Council Member Short made a motion to appoint Scott Lee Osborne as Mayor, to fill the remaining 2 years of Mayor Money’s term. Council Member Barnes seconded the motion.
Scott Osborne was asked to step up to the podium to address the City Council.
Council Member Seethaler asked Mr. Osborne to explain his vision for the future of the City. Mr. Osborne said the City has much that is good. He said they can continue being a premier City, attracting businesses that will bring an asset base and revenue opportunities. He would like to continue to promote business opportunities, infrastructure, and networking of businesses. He said the vision is that the town continues to have the admiration from all in the county and continue on the course to grow residential housing and continue to be a jewel.
Council Member Seethaler asked Mr. Osborne’s to review his unique skills, experiences, and abilities that will enable him to be affective. Mr. Osborne indicated that his background is in organization and management, allowing people to be given opportunity and empowerment when given responsibility. He said things are not static; as the work continues to progress, adjustments can be made. He said they also need to preserve the heritage that they have in this town.
Council Member Butters asked about Mr. Osborne’s family. Mr. Osborne said successes happen in life through partnerships. He said his wife has the capacity to be the person in the shadow that takes care of all of the groundwork below. He said his wife is his best secretary, counselor, and confidant. He said they have two sons and two daughters. He said the demographics of their families are the biggest asset in South Jordan. His family is no exception.
Council Member Newton asked Mr. Osborne to elaborate on previous comments about South Jordan being a destination city. Mr. Osborne said by design and good fortune, they have a beautiful community. People want to be here. It is an ideal place to raise a family. The City continues to grow, even in poor economic times. It is a destination city.
Council Member Short asked about Mr. Osborne’s international experience. Mr. Osborne said with his two businesses, they hold international meetings annually. He said he has a software engineering company that sells software throughout the world.
Council Member Barnes asked about Mr. Osborne’s availability, while running two businesses. Mr. Osborne said his businesses are self sustaining. With structure, he can plan for the time to serve. He anticipates most weeks, spending 5-15 hours in this position and he has those resources available.
Council Member Seethaler asked what do you say to the 18 applicants that were not selected? Mr. Osborne said this is a remarkable, capable group of people. He asked that the 18 applicants be involved and remain active in the City.
Roll call vote. The vote was unanimous in favor.
III. PUBLIC HEARINGS AND POTENTIAL LEGISLATIVE ACTION ITEMS
A.1. Public Hearing – Klotovich Mixed Use Development Land Use Amendment from Office to Village Mixed Use, Rezone from Office Service (O-S) and Agricultural (A-5) to the Village Mixed Use (VMU) Sub-District of the Mixed Use (MU) Zone, in Conjunction with a Master Development Plan (MDP) on Property Located at 10040 South Redwood Road. Myron Joe Klotovich (Applicant).
Community Development Director George Shaw reviewed the background information on this item. He clarified the current land use and zoning on the property. He explained what would be allowed in the VMU Zone; it has to have a residential element. He reviewed the master development plan. He noted that they are not proposing a development agreement; they feel the master development plan is the development agreement.
Council Member Seethaler asked if they will see a final plan? Director Shaw said the plan shows the rough alignment of the property. They have a concept plan that has been submitted. They will require that this go to the Planning Commission for a public hearing to implement the site plan on the master development plan.
Council Member Seethaler said there are neighbors that may be concerned about the additional traffic coming onto 9995 South. What opportunity will those neighbors have to express their concerns and work towards a mutually beneficial agreement, given the traffic concerns for the 55 homes in that subdivision? Director Shaw said they have committed to do a traffic study. It is likely that the project will be phased. The connection to Redwood Road is critical; the other connection may be part of a future phase.
Council Member Newton asked where will the traffic study be focused, on 9950 South or the connection to Redwood Road? Director Shaw he believes both areas would be studied. There is also the potential of a connection at 9800 South that needs to be looked at.
Council Member Newton asked how many total units are proposed? Director Shaw said his understanding is that the total number of units will not negatively impact the vehicle trips in and out of this project. Council Member Newton said he is concerned about the number of accidents that will occur as people try to pull in and out on Redwood Road. It would be nearly impossible during rush hour. He also noted a bus stop in this area. Director Shaw said that would also be considered as part of the traffic study. Council Member Newton asked if the traffic study could be done before they move forward with this item? Director Shaw said he would not recommend holding up the project for a traffic study. If it is an issue on this property, it is an issue all along Redwood Road. Council Member Newton said it is an issue already, but he is trying not to make it worse.
Mayor Money said the residents of Peach Blossom subdivision have been anticipating a road going to 9800 South. City Engineer Klavano said at the north end, there is 38 ft. of right of way. There has been discussion if they should make that a full street connection, or an emergency access. Merit Medical has said they would look at the access when they develop the property. He noted that the traffic study would address the trips that the current subdivision generates, the trips that the new subdivision would generate, and how they interact with each other. He said UDOT will require a traffic study before a driveway on Redwood Road would be allowed. He said they also need to address if a signal would be warranted at the intersection at Redwood Road.
Director Shaw said if this is approved tonight, it would go back to the Planning Commission for site plan approval.
Mayor Money opened the public hearing. There were no comments. He closed the public hearing.
Mr. Klotovich, applicant, said he is trying to be a good neighbor and has kept everyone apprised of his intentions on this property. He said they have matched the density in Peach Blossom. He said he would like this development be the crown jewel of the crown jewel.
Council Member Newton asked what is the time period on building this project? Mr. Klotovich said he is not sure; he estimated 10 years on the outside. He said the neighbor to the north is 82. He won’t be putting any pressure on them to develop. He said they can do the project with the neighbors to the north (Kelipets) participating or not. Director Shaw said Mr. Klotovich has master planned the entire developable area, as requested by staff. The Kelipets property is not being proposed for a rezone at this time. The Kelipets property has been master planned so they know that it will all work in the future.
Council Member Seethaler said the residents have been complimentary to the developer. They are in favor of the concept, but they are concerned about traffic. There are 55 homes in the subdivision, with only one way out. How do they address that concern beyond a traffic study?
Mr. Klotovich said the southern portion wants access to 9800 South and the northern portion is adamantly opposed to it. That is out of his control; it is up to Merit Medical. He said he wants this development to be a positive experience for everyone. He is confident that they will prove that this is a good idea.
Mayor Money asked what if they make the access on 9800 South an exit only? He said that is an option. That way people won’t come in and cut through the subdivision. The problem will be exiting onto Redwood Road, not entering. He said they could propose that, if the neighbors are amenable to that idea. City Engineer Klavano said the neighbors said the northern end residents don’t want the connection. He said they could meet with the residents to discuss that option.
Council Member Short asked if they could use the canal road for an exit only road to 9800 South? Mayor Money said the canal company would not allow it.
Mayor Money said he would only offer the exit only option if that is something that the neighborhood would feel good about. City Engineer Klavano said the traffic study looks at impacts on the street, and what would be needed to mitigate the impacts. He said it would need to be completed before the site plan approval, and would be presented at the Planning Commission public hearing. He said staff would also meet with the neighbors on this issue, if requested.
A.2. Potential Action Item – (See VI. A.1.)
Council Member Butters made a motion to approve Resolution R2012.01, and Ordinance 2012-01-Z, including the Master Development Plan. Council Member Short seconded the motion. Roll call vote. The vote was unanimous in favor.
IV. INFORMATIONAL ITEMS AND OTHER BUSINESS
A. CALENDARING ITEMS
The following calendaring items were noted; Visioning Meeting on January 12th from 8 a.m. to 5 p.m. at the Gale Center. The Annual Legislative Luncheon on January 10th. The Chamber of Commerce dinner is scheduled for January 18th at the Megaplex. The Corporate Citizen Award Luncheon on January 19th at 11:30.
Council Member Butters said on January 10th at 4 p.m., there will be an Open House celebration at City Hall honoring Mayor Money.
B. COMMENTS FROM MAYOR AND MEMBERS OF THE CITY COUNCIL
Council Member Butters said they have three new City Council members and a new Mayor. He shared a thought about working together and friendship. He thanked the three former City Council members for their friendship. He pledged his friendship and support to the new Council as they progress into the future.
C. CITY MANAGER BUSINESS
CM Geilmann indicated that Director of Management Services Brian Preece has a report on the TOD development that will be given to each member of the Council tonight.
D. NEW BUSINESS
None.
V. RESIGNATION OF CURRENT MAYOR
A. Mayor William Kent Money Resigns Position as Mayor of South Jordan City
Council Member Steve Barnes expressed his thanks to Mayor Money and the outgoing Council Members for their years of service. He also expressed appreciation to the applicants that put in for the Mayor’s position. He hopes they continue their involvement.
Council Member Larry Short indicated that they had some great candidates for Mayor. Mayor Money concurred.
Mayor Money said the candidates tonight are indicative of South Jordan and the caliber of people that they count as their neighbors, friends, and fellow citizens. He congratulated Mayor Osborne on an exciting adventure. He and his wife have been blessed to be associated with the residents of South Jordan. He expressed appreciation to the residents for the respect given to the City Council and the way they conducted themselves. He thanked everyone who participated in the process tonight.
Mayor Money said one of the most important jobs the Mayor has is unifying the City Council. Once a decision is made, they should put it behind them. He said South Jordan is a special place. They have had to make a lot of decisions and they are on the right track. In the second quarter of last year, South Jordan did more building permits than the rest of the County put together. They have controlled the growth well. He expressed appreciation to the outgoing Council Members and said he is excited about the new City Council. He regrets not being able to work with them. He expressed appreciation and love to his wife and children. He offered his resignation as Mayor to the City Council of South Jordan.
Council Member Newton made a motion, with deep regret and great appreciation, to accept Mayor Money’s resignation. Council Member Seethaler seconded the motion. The vote was unanimous in favor.
CM Geilmann played a movie tribute put together by the Utah League of Cities and Towns about Mayor Money.
Vicki Money was presented with flowers. Mayor Money was presented with a gift from the City.
VI. OATH OF OFFICE BY NEW MAYOR
A. New Appointed Mayor Takes Oath of Office
City Recorder, Anna West, administered the Oath of Office to Scott Osborne as the new Mayor of South Jordan.
ADJOURNMENT
Council Member Seethaler made a motion to adjourn. Council Member Newton seconded the motion. The vote was unanimous in favor.
The January 3, 2012 City Council meeting adjourned at 10:36 p.m.
This is a true and correct copy of the January 3, 2012 City Council meeting minutes, which were approved on January 17, 2012.
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South Jordan City Recorder