City Council - Regular Meeting

Tuesday, August 4, 2026

The Draper City Council discussed and approved an ordinance amending the city code related to short-term rentals, establishing a two-night minimum stay and other regulations. They also voted to continue a zoning map amendment request and approved a resolution to acquire property for the Lone Peak Parkway project through eminent domain.

About this meeting

Government Body
City Council
Meeting Type
City Council
Location
Draper, UT
Meeting Date
August 4, 2026

Transcript

296 sections

0:23 – 0:36Speaker 6

We do have a need to go into a closed session right at the front of this meeting. We talked about a litigation issue. So is there a motion to go into a closed session to discuss litigation?

0:37Speaker 6

Motion by Grin, second?

0:39Speaker 6

Second by Kathleen. Mr. Green, all in favor? Grin, have you voted? Yes. Kathleen? Yes. Mike? Yes. Tasha?

1:01 – 1:28Speaker 11

ordinances ready to go for both options and we want to verify what one you're comfortable with. Todd Taylor did do some research in the county to see what other cities have. Most cities don't have a regulation for a minimum stay and if they do it's a two day. there were no three days? No, not that we found.

1:29 – 2:07Speaker 14

We had talked about this a couple months ago when we were talking about it. And I think I generally lean towards a two day just to see if that solves a lot of our problems. But I remember at the time when we discussed it that there was some input maybe from the police about longer was better. So I'd love to hear if you have a, I mean, I think it would be better no one ever had a party, right? So not in the perfect, a crazy party where bad things are happening. But I'd be interested in sort of where the police began.

2:08 – 2:50Speaker 7

We pulled some data. I'm not sure if it was shared or not yet. I haven't had a chance to digest terms or timelines. In the, I think, eight years that we went back, we had 500 incidences of involvement with word search of short-term rental, ERBO, Airbnb, something like that. And our crime analysts whittled it down to about 80, wasn't it? About 80 that were significant that we could actually show some kind of nexus between our actions and what was going on in a

2:52 – 3:43Speaker 8

I looked at the spreadsheet, and not everything was a criminal complaint. Sometimes the Airbnb renter, their car had been broken into, so there were calls for service that were related to the occupants needing police assistance. Yeah, I mean, there were some, surprisingly enough, there weren't a lot of noise complaints, but there were some, like, there were three or four different domestic violence type argument type things. There were calls for service after the Airbnb renter had left. They left behind possessions or they damaged the property, that type of thing. So it doesn't appear that we're getting a lot of calls on parties, but when we do, it's usually a pretty significant one.

3:44 – 4:02Speaker 7

To note, That's only if the officer chose to put anything in there about it. I mean, it's really not an element, typically, of our, unless we had to call the responsible party for the union. So it's not really one of the qualifying questions we ask on this.

4:02Speaker 14

So hard to nail it down.

4:05Speaker 7

Those are significant numbers in our work.

4:09Bryn Heather Johnson

I wonder, too, how many are the same property over and over again? Oh, funny you should ask.

4:14Speaker 8

I sorted the column with the address, and there's probably two or three that are the frequent flyers.

4:23 – 4:50Bryn Heather Johnson

And so that's what I'm wondering is with our standards that we're creating, that that might weed out some of these kind of bad actors or problematic areas. And that by moving to three to two, we avoid just kind of the, you know, one night parties, bachelorette parties that might be out of control. And whereas, you know, like a wine and dine bachelorette party over a couple days would still be able to come to Draper because they would be behaving respectively, right?

4:51 – 5:05Speaker 6

Just bachelorettes or bachelors? No, I think just bachelors. So where are you all at on that? Do you want to have ready the two day?

5:06Bryn Heather Johnson

I think that's where I'm leaning.

5:08Speaker 22

I want nothing to do with these things.

5:15Speaker 6

Tasha, are you good for two days as opposed to three?

5:20 – 6:20Speaker 21

Yeah, I mean, I think I think I hope that the other restrictions are sufficient to be preventative. But I do think we need to look at some of that language in there. I mean, that term commercial, I think it's a little bit unclear and leads itself to different interpretations. But I do share some of my green concerns on these because at the end of the day, these are in residential neighborhoods and they're being used as hotels. And even when they're not hosting big parties, they are still disruptive to the neighborhood. For example, I know the Pogues have a house in their little neighborhood that's just rented constantly by different people coming in and out. So I think the three-day is a little bit more prohibitive in general. And it's just a question of where do we sit on these, you know?

6:23 – 6:49Bryn Heather Johnson

Well, I kind of think that because currently we don't have any regulations, I think it might make sense to create some and see how it goes. And then if we still have problems, then maybe revisit banning them. There are other cities that ban them in Utah, so we wouldn't be the only ones to ban them. But I would be curious to see if we create these regulations. And I agree with you, Tasha, maybe defining what a commercial event is, because that might help too.

6:50 – 7:53Speaker 22

Well, we need to create a zone where only STRs are allowed in certain zones. St. George only allows STRs in three places. Hawaii only allows STRs in the same places where the tourists are. So you can't do that, because what it does is it says infrastructure is available for these places. i think our city has got places that are not conducive to these types of things so i'd much rather focus more on geographic location when they're where it makes sense to have them particularly like along the one you know 123rd south corridor and those kind of town homes but like allowing in single-family homes a single family in residences is very problematic i think that's that's the real issue because they're just not used to that kind of traffic not just vehicle traffic, but in general, comings and goings and the changeover and I just don't think it's conducive to it. So I'd look at zones, specific zones, but I'm not going to do it citywide or expand them.

7:57 – 8:16Speaker 21

My question for Jen would be, I know when we did the ADUs, we did ban them in certain areas where we just thought there's already tight roads and we can't have additional traffic. Is there any crossover with this? Are we pushing ADUs to be short-term rentals?

8:18 – 8:32Speaker 11

No. So internal ADUs are not actually going to be eligible to be a short-term rental. The point of the internal ADUs was creation of affordable housing, so those will be ineligible for short-term rentals.

8:35Speaker 21

Okay. Could we use that same map for this?

8:40 – 8:52Speaker 14

No, that's based on, like, tight roads and so higher density areas are where they're not allowed, an internal ADU, so it's probably...

8:52Speaker 22

It probably needs its own overlay.

8:54Speaker 14

It would need...

8:55 – 9:48Speaker 11

I mean, we'd have to look at it and see. Now, one thing with that map for ADUs, when state law changed for internal ADUs, it allowed cities to prohibit them in, I think, up to 25% of residentially zoned areas. So we looked at those neighborhoods that had narrower streets or private streets, thinking that it won't allow for on-street parking. So having multiple units on one lot would make sense. That's how we came up with that map. State law has changed. We can't change that map. We can't add properties to that map. As a result of that, we actually created a deviation process for properties on that map. So there's still an avenue for them to get an ADU, but they have to have additional on site.

9:51 – 11:03Speaker 14

I have some concerns about creating zones. I like a citywide one because the zones where it's more commercial are where the housing is cheaper. And so it's going to be like the rich areas can't have them and the areas with closer together houses or townhomes can. And so that feels like a penalty because I can't afford a two million dollar home or something you know like I don't know how I don't know the answer to that but I do think it feels unfair to the people I think it's rationally related to infrastructure to commercial I think you just have to have the infrastructure to support what's happening I guess I like the idea of trying to the minimum with a bunch of requirements where they have to um you know they I love the we have to be able to so there are some of my neighborhood and when we can't get a hold of the person that's the biggest problem if i can't get a hold of the owner so i really like the the what's the owner supposed to do they have to be someone has to be available to come within like 30 minutes to the home address yeah so our code requires so they have to

11:12 – 11:37Speaker 11

So the way the draft code is written, when they apply for a short-term rental permit, they have to provide an urgent response contact. That goes to the adjacent neighbors, but also police and fire and planning. So when we get complaints, if police goes out, they have that direct contact person and they do have to be able to respond within 30 minutes.

11:38 – 12:00Bryn Heather Johnson

And then what's the enforcement? So I think that's another important point that I think that we might be able to make progress if there's a clear path to enforcement. And people know that because, Tasha, to your point, if a neighbor has to call twice, it's like she strikes her out. So the neighbor would only have to call twice if they're cited. And then they would be penalized.

12:00 – 12:19Speaker 11

Tasha, feel free to chime in. So it would follow our normal code enforcement process, but the code does have provision. And I think it's two citations, four violations. They can lose their permit.

12:20Speaker 7

I'm going to have Todd verify real quick. Yes. Two citations .. OK.

12:31 – 12:49Bryn Heather Johnson

Because in that way, it's not less than endless. Because I know people who call and call and call and call and call. But this way, they should only call a couple of times, and then it should be over with. So hopefully, it isn't like what you're saying, Tasha, where it's the neighbors who are constantly having to call, because it should, you know.

12:49 – 13:16Speaker 14

Like Mike said, there are clearly some homes that the police are going to be more often, right? So maybe that house would we could take away their at this point you know they've been out five times in the last year for a problem for a legitimate problem then we would revoke the license so yeah the code has written in the ability for us to revoke if they continue to have problems

13:18 – 13:42Speaker 11

It does have occupancy limits, the two or three day stay. There's a limit on the age of who rents it. So there's also parking restrictions, on-site parking restrictions. So these are things that should curb the issues that we've been having.

13:51 – 14:02Speaker 14

I'd love to move forward with something. I think that that's something that a lot of people would love to see something happen on. So I like the idea of the two-day, but I understand if you want to keep working on it.

14:02 – 14:16Speaker 11

Well, if you do make a motion tonight, it is on your agendas and action items, as we did public hearing last time. If you make a motion, just in that motion, include what minimum state standard you want.

14:24Speaker 6

Is there going to be a tie? Two green votes and a mayor tiebreaker?

14:30Speaker 14

When was the last time you broke a tie?

14:33 – 14:49Speaker 22

I'm a no on this. I don't think I ever have. He broke the tie on the one with Alan when Alan got confused. Is that the one where he made the motion and then he voted no? Yes. So I remember that.

15:00Speaker 6

Okay, thank you, Janet. Now you're up again, Janet, on the Historical Preservation Commission.

15:06Speaker 10

Yes, and I do have a PowerPoint.

15:10Speaker 21

Wait, can I ask a question there? What are we changing that word commercial to be?

15:17Speaker 6

Oh, you're back on the short-term rent?

15:22 – 15:36Speaker 21

Well, I mean, I could maybe be more open to the two-day if I thought it was tight enough. But I don't think the regular person is going to understand what we mean by commercial.

15:39 – 16:19Speaker 11

So commercial, the zoning code classifies all the different uses in our use chart based on the type of use, residential, public facility type uses commercial manufacturing so any use that's considered commercial is going to be in that a use chart and they're not going to be allowed in the residential zones so something like a reception center is not going to be a permitted use because it's commercial so someone could not hold a reception in an Airbnb so for pay

16:20 – 16:55Speaker 9

maybe for money right so if somebody wants to throw a party at an airbnb they can't charge a cover charge at the door but if somebody wants to like invite their family over for a pool party at the airbnb that's different but they're required to follow all the existing city things like they can't be past 10 o'clock at night right They've got to follow our street parking code. They've got to follow our noise ordinances, all other applicable rules.

16:55 – 17:14Speaker 6

And is code enforcement who is going to be enforcing this? Yeah. Or are we going to do civil action against Airbnb? I think it would be code enforcement. Yeah. Are they required to get a license? Yes. So can we revoke the license if they're a frequent flyer? Yes. Yes. OK. Well, there you go.

17:14Speaker 14

It's after 2. After 2, they can revoke the license after 2.

17:21Speaker 6

I do remember one.

17:22 – 17:43Speaker 21

See, that commercial use, I feel like that commercial use leaves it open to people having these pool parties. Like somebody could rent this house for two nights and just be throwing big pool parties. Or it could be a house that's really just meant to be a party house. We're not prohibiting them from doing that as long as they don't charge, right?

17:46 – 18:00Speaker 14

They still couldn't. Like they couldn't have, if you only have the bedrooms and parking spaces for eight people to be in there, they could have a party with some friends over, but there couldn't be people overnight, that many cars or people at the home overnight.

18:00 – 18:25Speaker 11

So we looked, legal looked at this and the distinction between commercial or just private parties and events and determined that we can't prohibit the private parties. The goal is the minimum night stay, the maximum occupancy, things like that will curb parties.

18:31Speaker 6

Any more questions, Sasha? Sasha, you good?

18:41Speaker 21

No, I'm here. I'm just thinking about it.

18:44 – 18:56Speaker 6

Okay. Can we go to the beautification? We're doing the preservation. Sorry. I know there's beautification, preservation sometimes. They're one and the same, but not always. Go ahead, June.

18:57Speaker 11

Okay. I'll go through this fairly quickly. Oh, that is not the right one at all. You just want to keep going?

19:10 – 24:04Speaker 11

There we go. So last budget year, you guys gave Historic Preservation Commission an extra $5,000. With that request, you asked for an accounting of how that money was spent. So now we're at the end of that fiscal year. So I'm going to give you a report here. The Historic Preservation Commission does get $10,000 from the city annually. Duties are to keep a list of historic structures, do surveys and inventories, nominate or review nominations for the National Register of Historic Places, provide advice and information, and then review demolition permits and building permits on historic structures. So like I said, you gave $5,000 extra last year, and that was for our reconnaissance level survey. Those surveys review historic structures in the city to determine if they have historical integrity, if they've maintained their historical integrity, and if they're eligible for a national register. So the cost for the reconnaissance level survey was $10,000. We paid $8,500 out of last year's budget and $1,500 will go in this upcoming budget. We have that draft under review right now. The reconnaissance level survey looked at 715 resources and that's buildings. 173 were found to be contradictory, meaning they have that historical integrity remaining in their in the building and then it listed 17 structures that it recommends that the preservation commission do surveys on to document or to nominate them to the national register this reconnaissance level survey did not include the stationary plan boundaries that was done in the previous year Isaac Stewart house here I've got the Preservation Commission is actually working on a nomination for that house to be on the National Register and they're working on the Smith Stedman house as well and this house is on 16th East and Pioneer other budget items that they spent so $1,500 from last year's budget went to the reconnaissance level survey that was done specifically for the stationary plan boundaries. That survey looked at 161 structures, found 57 that were contributory, and recommended six for surveys or nomination, including Pirate O's, which was the Ballard egg and feed, which I did not know. And it was actually from Fort Douglas. And in 46, they moved it onto the property, something else I did not know. So these surveys do provide us a lot of information and letting us know what properties are out there, what properties may be eligible for nomination, what properties we may want to reach out if there's funding for grant money for restoration projects for homeowners, things like that. Other things the Commission did our NS auto was put on the National Register in 24 We got the act that plaque for them to post so the plaque the Registration went on the 24 budget the plaque went on the 25 budget Steep mountain The Widowmaker sign has been installed, so a portion of the plaque as well as installation came out of the budget. So then I just have the budget here for you to see. So the Commission did use the full $15,000. This year with 8500 of that going to that process level survey. That survey is something that hasn't been done in the city for 25 years so there's quite a few structures that our previous survey didn't even look at you have to be at least 50 years old or older to. even qualify as historic, so with this new survey we're looking at whole new structures that have since become qualifying. Do you have any questions for me?

24:09Speaker 6

Doesn't sound like it, thank you.

24:12 – 24:34Speaker 21

I'd like to just give, yeah, I was just going to say I'd like to give a shout to Jen because Jen just goes above and beyond with this committee and she knows her stuff and it is so impressive. And I think this Widowmaker thing is a really cool piece of our history and I'm excited to see it and I hope we can all have a really good turnout for it because it's actually super cool.

24:38Speaker 7

I love the Salt Lake County portion of it, yes. All right? Yes, they do. Thank you, Jen. Thanks.

24:45Speaker 6

That takes us now, as far as I know, this goes from preservation to beautification.

24:52 – 25:45Speaker 8

Two sides of the same coin. So the council has budgeted some money in this upcoming, well, they've set aside money in a CIP for city beautification. I'm hoping tonight to start the discussion and get some direction for staff as to where to put our efforts. I know the issues that have come up in the past have been welcome or entry signage at the various entry points to the city. There's other issues I guess with park strips and medians and that type of thing. So like I said, I'm just looking for some direction that we as staff can start working on. implementing the council's desires on this issue. So I will leave it open for discussion.

25:47 – 26:59Bryn Heather Johnson

Well I think one of the purposes behind this was to kind of be able to work a little bit more cohesively with the tree committee where they've got the funds and the means to provide the specific trees for locations but that sometimes they have a difficulty actually getting them planted or maintained because the city has you know limited resources so I think part of this fund was designed to allow more of that cohesion where if the city says you know we want to focus on this you know a city entrance somewhere specific I know like Sandy, Riverton those have been brought up that the tree committee and the city can work together to create something that you know we can be we can be proud of and can be really welcoming to our city and another part of the tree committee's duties is to kind of be aware of our thoroughfares I think I think with the phrase, and I think defining what those are and what, you know, what the role of city might be playing in those. And I think some of the fun could possibly be used for those parts of the city as well.

27:04Speaker 6

Now, were you talking about focusing on specific entrance areas?

27:08 – 27:19Speaker 8

Well, that's definitely something that has come up, I think, the last couple of retreats. And now we have some money to do that. They need to designate where?

27:19Speaker 6

Where can the most money, best bang for the buck go right now?

27:25 – 27:47Speaker 8

Well, I would... I came up with about seven entries to Draper right off the top of my head. 114th, 123rd, 7th East, 3rd East. I mean, there's some of which we own property at these entrances, others we don't. And so the signage might appear differently. Whether there's one.

27:47Speaker 6

Well, we had one on the corner where the Smiths brought the detention. Yeah, but we could put another one there. I mean, so we could do some way in there. Yeah, we could.

28:00 – 28:13Speaker 14

Do we have one at 13th East? Yeah, it's a small sign. It's on the west side as you're coming down. I like the Sandy one better. They have more space.

28:13Speaker 6

Riverton did a really good job on their entranceways. They did a nice sign.

28:19 – 28:45Speaker 21

flags and some of that stuff that would be cool yeah i thought jordan has been doing more of these lately too i think they do a nice job of giving a sense of place so you know once you're entering draper you feel like you're in draper i think linda has some ideas about signage that could go under underpasses do you are you looking for direction to like go do this entryway now well i think i think

28:47 – 28:59Speaker 8

One step would be to identify all the different possible entry points and prioritize them and identify where we actually own right away that we could sign and join that type of thing.

28:59 – 29:10Speaker 6

Then decide to kind of sign if it's a flag as well or whatever it is. Sure, yeah. Are you guys good with that if we map out the entries and then get a plan which ones we own property on?

29:11Speaker 14

Or which ones we think rise to the level of, yeah.

29:15Speaker 6

Everybody good with that?

29:17Speaker 6

Catherine? Yeah. Mike? Yeah. Tasha?

29:22Speaker 21

Yes, that's fine with me. I think it would be nice to start with the Smith's Gateway.

29:26Speaker 6

OK. Who's going to map it, Rhett? Are you going to get the map together?

29:32 – 30:15Speaker 6

OK. All right. That takes us to council manager items. I can start off because I have one. I have two, but I can't remember what the second one was. Probably my age. I know we do this as we go, but I've got a few complaints on a few of our trails, paved trails. There's overhang branches that are like right in the, you got to like, even people my height have to duck on a few areas. Could you have them go out and just trees that have grown over the trail? Do you know where? Like I addressed that in our staff yesterday. I was told they were all clear. I think there's one over by Willow Springs, like that trail. I can't remember what that trail is called that goes behind it.

30:15Speaker 22

Ebenezer. The Ebenezer Trail.

30:19 – 31:09Speaker 6

The one that goes along the river, the Corn Canyon River, or Creek, I guess it is, not river. There's apparently some overhang there. I'll find out where. I'll let you know. Is that east of Fort or west of Fort? No, it's by Willow Springs, so off of... On Willow Springs Trail? Willow Springs, no, Willow Springs Elementary. Oh, okay. The entrance to some of those trails, there's like a big giant branch over... You know, there's a few of them where they're kind of blocking the hit with your head. Yeah. But if that's the case, we'll get it fixed because we went over that quite a bit yesterday. Go on, someone else, while I think about my second one. Anybody else have anything?

31:12 – 31:56Speaker 14

really appreciate the road improvements that are going on between 138 and the 150 on Bangor, and I just know it's going to be so much better, but it is such a nightmare right now. And I wanted to ask, I had heard conversations that there would be conversations with UDOT their portion of it across I-15. I would love to hear an update. I think I have some big fears that we finish our portion and we still have those big long backups up to the south of 138 that we have been having before the construction started if we don't get UDOT on that.

31:56 – 32:24Speaker 8

A month and a half ago, I've met with Senator Colomore and then Greg Curtis, our lobbyist. And then I reached out to Greg last week to see what, because they were going to approach UDOT, and so I emailed him last week for an update, and I've yet to hear, he acknowledged my email and said that he'll get back to me, but I haven't heard anything, so I'll follow up again. Great, thank you.

32:29 – 32:54Bryn Heather Johnson

I have a couple of. I saw the email about the service project, which I thought was great, working with South Valley Chamber of Commerce. And my question was if we had anything else planned for September 12 for day of service. Because I know little areas are doing some service, so I didn't know if we had something.

32:54Speaker 10

Nobody's come to me with anything unless Marcia did.

32:57Speaker 8

Yeah, I met with Marcia. I've got...

33:00 – 33:43Bryn Heather Johnson

some stuff on my desk I need to distribute yeah we've got one that's tentative if we can get the okay like a city one trees the trees okay um and then my other question was um I and I should know this but I don't I was wondering how often we send out um like the happenings in Draper email, and if we include the public meetings that are happening that week, such as the committee or city council. So yeah, I was just wondering about that.

33:43 – 33:58Speaker 10

On social media, there's this week in Draper that includes the public meetings. I noticed that Draper texts and emails typically focus more on events and programs, not so much the public meetings. But we can certainly come back

34:00Speaker 14

I really like those Instagram ones that has everything going on this week. I think that's so nice to get those.

34:08 – 34:39Bryn Heather Johnson

And is there a link to, like, can they click on, I'm not really using social media anymore, but can they click on, you know, the image or something and it'll bring them to, like, the agenda or something like that? No, it's more just like an overview. Okay. Yeah. Okay. And do you think we could, if people are on board about just adding whatever public meetings are going on that week in the email? Do you just send the emails? Do you send the emails weekly, or are those just as needed as things come up?

34:39 – 34:56Speaker 10

Yeah, the challenge there is that's a little less consistent. The social media week overview goes out on Sunday every week. But the upcoming events just kind of varies depending on what else we have putting out on the notification system.

34:56 – 35:13Bryn Heather Johnson

Because I think for me, and maybe just because I'm old, but I think I use the email more than the social media. Because I think that comes to my inbox and I know that it's there, whereas social media, I feel like I might miss it because I didn't get on when it was coming up on my feed.

35:14 – 35:39Speaker 10

we do have a public meeting subscription option but just the nature of the contacts being reported from other systems it's a very small subscriber list so that's something we could promote additionally so people can sign up specifically if they wanted to know about the public meeting only if they're interested in the public meeting okay and how often does that go out like does that

35:40 – 35:54Speaker 14

If I hadn't signed up for that, would I get an email semi-regularly or just any time a public meeting is added to the calendar? Or what kind of, if I do sign up for that right now, what kind of things am I going to get on there?

35:55 – 36:09Speaker 10

That's usually the start of the month and then just a snapshot of, it's basically a screenshot of the agendas and minutes page that shows all the meetings for that month and the start time. And then a link to that web page.

36:18 – 36:36Speaker 21

I think you do want to be aware though that there are some meetings where they could go but they would not be allowed to speak. And I think if people think they're going to be able to go to Parks and Trails or go to Historic Preservation and present their idea and then they're totally shut down, then they get a little frustrated.

36:42 – 36:59Bryn Heather Johnson

And if we shared more, we could, you know, say that to some people. Like which ones are public participation and which ones are public hearing and which ones are just, you know.

36:59Speaker 6

Anybody else have anything else? I do, as long as I'm with the council.

37:06Speaker 8

Tasha, do you have anything?

37:10Speaker 7

Catherine, do you?

37:14 – 37:55Speaker 8

The league's Friday email requested that we all check our roster, if you will, for the LPC. Our current roster is the Mayor, me, Bryn and Catherine. I don't know, are we anticipating any changes for the upcoming legislative session? Are we okay with that list of LPC attendees? I suppose we can always change it if when we do new council assignments if that changes but I'll just let them know it right as of now we're keeping it the same. Speaking of council assignments.

37:55Speaker 21

That will probably change when we do council assignments because I'll be a new mayor of town.

38:00 – 38:21Speaker 22

Yeah. What am I supposed to be covering? I'm sure you all have something that you've been doing that you can hand off to me. You know, it was gone when those first came out, and everyone kind of covered down on me. So I don't know what's up with the record. Whatever I'm supposed to be doing, hand it off to me.

38:22Speaker 10

So I think that's a bigger discussion.

38:23 – 38:37Speaker 14

Yeah, I think we kind of delegated yours out, so we can decide which ones people want to give you back. I don't think I got any more. Do I still have MAG?

38:37Speaker 22

Oh, I have MAG.

38:39Speaker 14

I mean, where you could have it. But I have been going to. I went to MAG. Oh, you went to MAG last week.

38:44Speaker 22

Because I've just been declining MAG. Because I don't want to go to MAG.

38:47 – 39:01Speaker 14

I don't think they have. But I went to others during the session and stuff. I think it was assigned to me. But it probably was because you weren't here. You were new. I have no idea. They handed me a list. I tried to go to those meetings.

39:05Speaker 22

I mean, it's probably not the best time to talk about it, but I am willing. I know somebody's probably doing work for me that I should be doing.

39:14Speaker 10

You gave the ear off.

39:19Speaker 22

I mean, so yeah, whatever you guys have. If someone's feeling overwhelmed, I am.

39:24Speaker 6

We can put you on America, too.

39:31Speaker 10

I think you are listed on the Audit Committee still.

39:34Speaker 22

Oh yeah, yeah, I did. I did it, yeah. Were you on the Audit Committee last year?

39:40Speaker 9

I believe your first year on the Audit Committee last year?

39:42Speaker 22

No, I've been on the Audit Committee over two years now.

39:44 – 40:05Speaker 9

The ordinance says you have to switch them out every two years. Oh, do we? Yeah, you gotta take me out then. So we probably shouldn't be on the Audit Committee. That's to make sure that no city councillors get on the audit committee and are also embezzled. Not that that would happen. Not that that would happen, right? I've got one more thing here.

40:05Speaker 8

Go ahead. Where'd he go?

40:12Bryn Heather Johnson

Scott? He needed a little pick-me-up.

40:14Speaker 18

I think he got nervous in her hand.

40:17 – 40:41Speaker 8

I know. Well, I can set the table here. So we have a cardboard recycling dumpster at Public Works. Can you talk about the dumpster, the cardboard dumpster at Public Works and what's your thoughts on that?

40:41 – 41:43Speaker 4

This is just one of those leftover things that we haven't really figured out with this changeover to ACE. We currently have a cardboard dumpster that we My understanding is we empty it two or three times a week. It fills up rather quickly. A lot of the times it's just businesses that probably aren't even in Draper that are coming and filling it up. So we won't have drivers to empty that anymore, so we can have Ace do it, but it's going to cost probably about $14,000 a year to have them dump it. So we just need to know if that's something, and it doesn't have to be decided right now, but if that's something that we want to keep going and have that moved over here to City Hall or whatever we want to do.

41:44Speaker 8

So the cost would exist regardless of the location of the dumpster? Yes.

41:48 – 42:04Bryn Heather Johnson

But if we don't provide it, then we don't have to pay the $14,000. Correct. We just did a haul, an Ikea haul, and my husband tried to go recycle, and he couldn't. But he just drove to the transfer station because it's open. It's very close, and it's not very expensive.

42:04Speaker 4

Actually, cardboard, I think, is free.

42:06 – 42:17Speaker 14

Yeah, cardboard is free. It's just cardboard. It's nothing that we can't do. Like glass, we don't recycle, so I like the glass. But this is cardboard, which I can already put in my blue bin.

42:17 – 42:53Speaker 4

Yeah, it's just cardboard. And so, yeah, most people are just putting their cardboard in their recycled container. But this is people that have a lot of cardboard, like businesses, and they fill it up pretty quickly. So our recommendation would be that we just eliminate it. That's what we're leaning towards, but we just want to make sure that that's okay with the council. It's a service that the city is paying for that probably is being utilized by many people outside of the city.

42:54Bryn Heather Johnson

Yeah, I would support it if we knew that it was the residents who were consistently using it, but if it's outside, you know.

43:01 – 43:16Speaker 4

That's the difficulty. We can't control who uses it. Does it get recycled? Yeah, it does. The corrugated one. When they're recycling, it does. We used to get paid for this, and now we don't.

43:16Speaker 22

Remember when they told us everything was getting shipped to China, and then they just throw it away in the dump?

43:21Speaker 6

Well, a lot of this stuff goes to the dump, our own dump. It doesn't get recycled, right?

43:28Speaker 4

The cardboard usually does. That's my understanding, so I'd have to get updated on that.

43:34Speaker 6

But we shouldn't be paying for it. Let them use your can at your house.

43:38Speaker 4

But we have to pay for the transportation.

43:44 – 44:36Speaker 8

We're waiting on July numbers, but it looks like we're on pace to meet Jordan Valley's request that we reduce water consumption by 10%. So I think the July numbers will be in quickly. And I think what we'll do is maybe we'll put it on the website as kind of a dashboard showing progress we're making. But we're down 9% in May and down 12% in June. probably 50% more water. So actually, the savings are probably up over 10%, if my math is right, which is, yeah. So we haven't had to do any restrictions, and people voluntarily pitched in to voluntarily reduce the water use.

44:36 – 45:07Speaker 6

Oh, here we go. A bunch of the spots that we water grass that's non-functional turf. I wanted to see if you guys would agree to get inventory. There's spots where I'll see it's watering and I'm like, no one's ever walking on this. We're just watering it. We had to look for ways that maybe once a year find one spot every or two spots and get them to drip or get them out of watering. That comes to mind by the day barn. that piece of grass up against the fence.

45:07Speaker 22

We actually started making a list, I think, in our meeting tomorrow. Are you all good with that?

45:13Speaker 6

I mean, we could eliminate a lot of water wasted based on the parking lots.

45:17 – 45:31Speaker 22

We'll try and zero-scape as much stuff as we can. We've got two projects right now. We're doing Carl Clift and we're also doing a big Long Park strip up in Suncrest. Where did Michelle go?

45:31Speaker 8

She's still here.

45:33Speaker 6

She's bailed. She would have liked hearing about getting rid of the non-functional turfs.

45:42Speaker 22

She likes the Carl Clift one because that's right by where she lives.

45:44Speaker 6

Yeah, she did a good job on that one. That's the one on the north side that's been

45:51Speaker 22

public for years. We've been rocking that. So there's lots of places. It just takes the funds.

45:57Speaker 6

Did we also have anything else? Did we take a break before the meeting?

45:59 – 46:17Speaker 14

I would say I was looking at something on the plot map or something totally unrelated, and I saw the banner across the top of the website about truth in taxation, and I thought that was wonderful, too. I don't know if it's all over the website or if it was just what I was looking at. It's all over. I think that's really great. I love that we're trying to get the word out.

46:20 – 47:21Speaker 6

All right, anybody else? Anything else? All right, thanks. We'll reconvene in the meeting at 7. Welcome to our City Council meeting. We'd like to get started if we could. We have Councilmember Lowry and Councilmember Lowry, both, are joining us on the phone tonight. So I'd like to start this meeting, call it to order. Our first order of business is the Pledge of Allegiance, which Mr. Mike Green, our Councilmember, is going to lead us in. Go ahead, Mr. Green. Please rise.

47:21Speaker 22

The audience, please rise.

47:24 – 47:39Speaker 3

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

47:43 – 47:58Speaker 6

Thank you, Mr. Green. Our next item on our agenda. I'm going to turn over to the time to our fire chief, Mr. Smith. Clint, come on up, and we have some new fire department oaths of office.

47:58 – 53:11Speaker 18

Good evening, Mayor and Council. I appreciate the opportunity again to be with you tonight as we swear in a couple of new members to our department. This is a little bit unique for us tonight because the two members that are joining our department are In fact, old members of the fire service, which is actually really, really cool. We have two members again that we're swearing in, both of which have put in over 20 years of service already in the fire service within the state of Utah, have retired and now have spent that separation time away and missed it enough that they decided that they want to come back to the fire service. And they've picked us to be able to have them join us and bring their expertise, which we are very grateful for. So we're going to start out tonight with Josh Sellers. Josh, if you want to come up here with me, I'd like to have you stand right here while I embarrass you in front of everybody. All right. So this is Josh Sellers. Josh was raised in Western Montana and started in the fire service as a volunteer for the Missoula Rural Fire District in the fall of 1998. Began his training at age 17 and on his 18th birthday walked into the headquarters of the station there and officially received his pager so he could start running calls. His love for the fire service only grew and in January of 2002, he moved to Utah, started full-time with South Jordan City Fire Department. throughout his career in south jordan he promoted up through the ranks from firefighter engineer paramedic and to captain occasionally and reluctantly he says acting in his battalion chief as needed we'll see how that goes for us josh retired with almost 21 years of service with south jordan fire department in the fall of 2022 and after a short stint in retirement his love and passion for the fire service brought him back into the career And again, thankfully here in Draper with us. Josh has four beautiful children, passion for aviation. You'll get along well with the mayor there and Mike, both in that respect. And he loves to travel and he enjoys time outdoors, hiking, camping, and anything, again, that's outdoors. So again, we are very, very fortunate and lucky to have Josh join our ranks. We look forward to the expertise that he will bring to to help us continue to grow as a department. So with that, I will turn it over to Nicole to administer the oath. Okay, next up we have Chase Tandy, who's joining us as a paramedic. Chase is married to who he claims, rightfully so, the most beautiful woman, Nicole Tandy. Together they have two amazing children, Brielle, 17, and Beckham, who is 15. Chase grew up in the fire service. His father served for over 40 years in the fire service, and I know him well. Coincidentally, his first part-time paid position actually was right here in Draper in 2004 when he served as part of the paid call program at the time. When he's not working, Chase and his family love to travel and recreate. Together, they love to paddleboard, hike, mountain bike, ski, and anything else outdoors. The last 13 years, they've lived in Provo right by the mouth of the canyon, which gives them easy access to the canyon, Sundance, to be able to ski and mountain bike. He's honored to be able to join our department here in Draper and looks forward to getting to know everyone much better. Again, this is an individual that spent has spent a significant time not only being mentored by family members, but advancing through the ranks. He was a captain when he previously retired. And I think maybe he's enjoying not having to worry about those types of responsibilities for a little bit. So, Jace, we are very grateful to have you as part of our department. So welcome.

53:11Speaker 13

Thank you. Hardest part of the oath.

54:19Speaker 18

Thanks, Council, for letting us be here tonight. And again, thanks for your continued support for us to be able to draw on such excellent people to be part of our department. Appreciate it.

54:30 – 56:32Speaker 6

Thank you. Welcome, you old new firefighters, to our group. We don't mind having experience, so thank you for being willing to keep at it. I'm sure retirement's not as cracked up as it maybe seems, so thank you for joining us, and we're really glad to have you. It's a great department, so thank you again. All right, next item. Our next item on our agenda is item number four. It's an opportunity for public comment. This is an opportunity for general public comment. If you're here for an item that's on our agenda, and there's a couple of public hearings, item 6A, item 6B, if you're here for those, we ask that you wait until those, if you want to comment on those. wait until those items are called, but you can certainly comment on those. You can make a general comment and comment on those items, but if you want to speak to those items, we ask that you wait for those. Otherwise, general public comment, I have... At least one card on general public comment. Let me go over our rules really quickly for you. They're on the cards. You don't have to have a card. We'll let anyone speak that wants to. Comments are limited to three minutes. Time is strictly enforced. Provide your name and address before you begin making your comments. I'll start the timer. Comments should be made only at the podium. Comments should be made to the entire council. Don't address specific council members or staff. Council typically will not respond to comments or ask questions. It's not an opportunity for discussion. It's an opportunity for you to be heard. We don't allow public displays such as outbursts or clapping or signs. you can have a comment card or you can get up. I have one comment card, and I think it's Jim. Jim, come on up. I'm sorry, your penmanship might not be as good as mine. I'm just kidding. Give us your name and address. Go ahead, sir.

56:32 – 59:23Speaker 17

No worries. My name is Jim Stites. I'm at 13122 Vista Station, number 427. And I just want to take a minute or two just to Keep top of mind our water situation, which has not gone away. In fact, it's becoming more severe. You may have noticed that it's been rather warm lately. Unfortunately, this is not an anomaly. It's very likely to be the coldest summer of the rest of your life. It is a near mathematical certainty that it is colder than anything we will get post-2030. because pumping the atmosphere full of carbon is another habit we have yet to break. But before I veer to further on that tangent, I just want to take note that I've learned since moving here that we still allow watering of lawns three days a week or every other day, depending on your address, so long as you don't do it during the height of the daytime heat. That is crazy permissive for what is allegedly a drought emergency. I also understand that much of the Draper service area is covered by a private utility that draws its water from those creeks coming right off the Lone Mountain Wilderness. I was intrigued to see this. I was hiking along one of those creeks just yesterday, Willow Creek. It was quite beautiful. I understand that historically these are supposed to feed and help supply the Jordan River, which in turn supplies the Great Salt Lake. If we are wondering whether there is a direct connection between that sprinkler you see twirling pointlessly and flooding the pavement and the slow motion death of the Great Salt Lake, there is a direct mathematical connection, unless I've grossly misread our hydrological situation here. We're supposed to be hosting the Olympics not more than eight years from now. At the rate things are unfolding, we may have to advise all visitors who saunter into the valley to put on their respirator because we may have a dry lake bed by then that is filling the air with arsenic and mercury-laden dust. This would not be a good look for us. It is not the kind of future that I want to hand to my children. So I just I plead with you to bear in mind that what we see around us in terms of our water use, our idea of normal landscaping actually is not normal. It's just a cultural. Norm that we've developed in suburban post-war America. It's a choice we can change It's a cultural lift. I'll give you that but we can do it I urge you to adopt much stricter rules against wasting water on lawns that we do not need please.

59:23 – 59:35Speaker 6

Thanks Thank you Or as anyone else would like to make a general public comment to the council I don't have any other cards for general public on anybody else. Come on up. Give us your name and address. I

59:42Speaker 2

Hi, my name is Maddie Clements. I've replaced Alex Johnson on Congressman Owen's team. I've met with a couple of you, but I just wanted to thank you and introduce myself officially. Thanks.

59:51 – 1:00:16Speaker 6

Thank you. Anyone else like to make a general public comment? All right, seeing no more public comments, I'll move on to item number five. Item number five is items for consent consideration by the council, and we have one. Item 5A is the approval of the minutes of the July 21st, 2026 city council meeting.

1:00:20Speaker 3

Mr. Mayor, I move that we adopt the consent calendar.

1:00:24Speaker 6

Motion by Mike. Is there a second? Second.

1:00:27Speaker 6

Second by Brynn. Is there any further discussion? Mike, how do you vote?

1:00:38 – 1:01:12Speaker 6

Fred? All right, that's unanimous, five to zero. All right, that takes us to item number six. This first item is 6A. It is also a public hearing. It is ordinance number 1735, and it's an ordinance amending the official zoning map of Draper City for approximately 1.67 acres located at approximately 12430 South, 700 East, known as the 12430. 430 South 700 East zoning map amendment. We'll have the staff report by Mr. Todd Draper. Go ahead, sir.

1:01:13 – 1:02:44Speaker 20

All right. Thank you, Mr. Mayor. And I am covering for Mary Ann Pickering here, who is not able to be here tonight, as this was the application she did process. So this is zoning map amendment. It's for three slash four properties there over on 120, 430 South 700 East. The aerial map is here. You'll see there's some homes that are on those that would be taken down if this is approved and a five lot subdivision would be put in place. The current land use map is residential medium density and the current zoning map is split. between the RA1 and RA2 zones. So the request is to go to an R4 zone, which is similar to the zoning that is kind of directly to the west of these properties, and that zone does comply with the underlying land use map. Just reiterating those same things there. The applicant intends to develop this as a five lot subdivision. This is ivory development that would be doing this, and all the minimum requirements for subdivision need to be met at that time if this is indeed approved. Planning Commission did give this a favorable recommendation at their July 9th meeting, unanimous 5-0 vote, and if there's any other questions I can help answer, I'd be happy to.

1:02:44Speaker 6

Any questions for Todd?

1:02:53Speaker 12

I have one. So you said that they're looking at putting in five. Is there a reason that they didn't do an R3?

1:03:05Speaker 20

You would probably have to ask them. I believe it needs to be the R4 to meet the lot sizes with the private road that would be part of the development.

1:03:17Speaker 6

Any other questions? All right, thank you, Todd. Is the applicant here?

1:03:24Speaker 6

Come on up, sir. You can address the council. We also give you the last word, so go ahead. Give us your name and address, if you will, please.

1:03:31 – 1:03:47Speaker 16

Sure thing. Peter Gamverlis, 1675 East Westminster Avenue in Salt Lake City. the project manager for ivory development on this. Todd did a great job in Marianne's absence. So I'm just available here for mayor or city council if you have any questions or if there's questions of the public.

1:03:48Speaker 6

What's it like being related to Chris?

1:03:51Speaker 16

As you would imagine.

1:03:52 – 1:04:15Speaker 6

Yeah, I can only imagine. All right, this is a public hearing, an opportunity for the public to address the council. It's ordinance 1735. Is there anyone here that would like to address the council on this item 6A? All right. Seeing no public comment, I'll close the public hearing and bring it back to the council.

1:04:27 – 1:04:56Speaker 3

I think this one needs a lot of work. I don't like the... I'm uncomfortable with it at this point. I don't know if I want to do art. I don't like, yeah, I'm just not understanding. I need to understand why our four, five homes, 1.67 acres, I'm just not, this doesn't feel quite there with me yet.

1:04:56 – 1:05:17Bryn Heather Johnson

Well, and my question, too, is that I understand that there's our port to the west, but there's nothing on 7th East that matches that zoning. So I feel like it might look a little bit out of place as you're, you know, the density right there, which we don't have on 7th East. Okay.

1:05:23 – 1:05:36Speaker 12

Maybe I could ask the applicant just why you went R4 instead of R3. Like Todd said, perhaps it's for the driveway.

1:05:36 – 1:06:15Speaker 16

Sure. Yeah, as Todd had mentioned, a lot was for fits with a private road. So we will be doing a private lane here. The site can't physically accommodate a public right-of-way as well as the lot space. amount that we need to make happen. We thought that the requested zone is completely in line with both the future land use map as well as the directly abutting. I mean, this does abut a few different zones, but that is one that's abutted and the R4 is not. So it wouldn't be like in a spot zone configuration.

1:06:17 – 1:06:38Speaker 12

thank you do we have any more information or is there more information about what the the homes would be like are they high i know that r4 that is back behind it there is those are one or single level um ones do you sure yeah we don't have exact plans ready for that we'll um

1:06:39 – 1:07:08Speaker 16

We will be selling these pre-sale, meaning that customers will be able to come in and pick whatever homes would fit per the setbacks and the ordinances of the city. Okay. I don't know that it would be helpful, but we're intending for this to be from the signature catalog, which is our more high-end housing catalog. But that does, to your question, that does have a mixture of both ramblers and two-story homes.

1:07:13 – 1:07:24Speaker 12

Sorry, one more question just on that. So what you would anticipate or what you're looking for, the size of each lot would be about what?

1:07:24Speaker 16

Can you give me one second? Yeah.

1:07:37 – 1:07:53Speaker 16

So our concept plan, and of course this is a concept. We haven't gone through preliminary design awaiting the outcome of this hearing. But we have at minimum 11,609 square feet and then at maximum 12,690 square feet planned. Everything is right around there. Thank you.

1:08:07 – 1:08:46Speaker 3

Generally speaking, my first step in the analysis is to overcome the presumption that the current zoning is correct. And so my question to you would be just kind of two steps. One, why is the current zoning not correct? And then two... If it's not correct and you give me a reasonable factual basis for it, not just I make more money. The second step is why is the ask that you're asking for the appropriate zone?

1:08:48 – 1:09:35Speaker 16

Sure, and I may have some difficulty in answering what may be correct or what would not. But what I can say is, of course, we have an economic incentive here, right? That's why we're in business. But why we were interested in this site and why we thought this site had a good opportunity for a rezone that met that economic interest is because it fits the future land use map. So it's not us who say that this is a zone that is expected in the city. The city has already designated this as an area that will develop. So we're targeting the same goals that the city has published as their goals for development in the city.

1:09:47 – 1:10:00Speaker 19

Mr. Mayor, can I ask a question? Yes, sir. Based on what you're saying on the square footage of these lots is that these would be about quarter acre lots, correct?

1:10:04Speaker 19

So you're looking at putting five quarter acre lots on this 1.67 acres?

1:10:10Speaker 16

That is correct.

1:10:14 – 1:10:31Speaker 19

So my only concern is if we were to approve this to R4 without a development agreement, we could potentially have more than five lots on this property. Maybe the staff could answer that.

1:10:34 – 1:10:53Speaker 20

Yeah, this is Todd Draper here. I've kind of done the math, the rough math. It doesn't look like they would get a sixth. Again, there's a lot of factors in how much land is actually taken up for a private road, but basic math would say, no, they don't have enough for a sixth.

1:10:56Speaker 19

So we'd be looking at five quarter acre lots here. So it wouldn't necessarily be the density of a townhome or anything like that.

1:11:05Speaker 20

No, this is all single family zoning, the R4. So there would not be townhomes as part of this, a single family detached.

1:11:19Speaker 19

So do we foresee that there would be any of these lots be smaller than a quarter acre?

1:11:28 – 1:11:44Speaker 20

Probably not. The actual zone minimum is a 10,000 square foot lot, which is just slightly less than a quarter acre. But what they are initially proposing on their concept plan is all just over a quarter acre.

1:11:49Speaker 19

Okay, thank you.

1:11:56Speaker 6

Any other questions? All right, is there any action that anybody wants to take on this?

1:12:05 – 1:12:20Speaker 19

All right, I'm not hearing any motion, so that- Mr. Mayor, I'll make a motion that we approve this ordinance. I think it's 1735.

1:12:22Speaker 6

All right, we have a motion by Mr. Lowry to approve 1735. Is there a second?

1:12:30 – 1:12:44Speaker 6

We have a second by Catherine. Any further discussion? All right, hearing no further discussion, Mr. Lowry, how do you vote?

1:12:52Speaker 6

Miss Johnson.

1:12:58 – 1:13:10Speaker 6

All right, that item fails three to two. Next item on our agenda is item 6B. It is also a public hearing. It's resolution 26.

1:13:10 – 1:13:21Speaker 8

I'm sorry. I think you still need a motion then to deny it because you need some kind of action. I guess you're right.

1:13:22 – 1:13:45Speaker 6

We do? Okay. Not approved. Is there a motion to deny or continue or... No. Another motion. Either continue it for further investigation or discussion or deny it.

1:13:46Speaker 3

I'll move to continue it to have discussions to figure out what the best option is.

1:13:53Speaker 6

I motion by Mr. Green to continue the item.

1:13:57 – 1:14:17Speaker 6

All right. Second by Ms. Dolan. Did you have a date? To a date uncertain. Okay. So the motion is to continue to a date uncertain. Your second stands for that? Okay. All right. Any further discussion on that? All right. Mr. Green, how do you vote? Yes. Ms. Dolan?

1:14:21Speaker 6

All right. Ms. Lowry?

1:14:24 – 1:15:04Speaker 6

Mr. Lowry? Yes. All right. The motion to continue the item. is passed unanimously 5-0. That's a motion without a certain date, so you may want to work on the item. At least that would be the clear indication. All right. Good? All right. Next item is item 6B. This is a public hearing, and it's resolution number 2638. It's a resolution of the Draper City Council authorizing the filing of an eminent domain action to acquire real property for the improvement of the Lone Peak Parkway project. Mr. Cooley, sir, go ahead.

1:15:06 – 1:16:28Speaker 5

Thank you, Mayor and Council. This is the long-awaited Lone Peak Parkway project. It extends from 12650 south on the south end all the way to 123rd south on the north end. Currently, this is the configuration. If you follow my cursor, from 123rd, the road comes to this corner and turns, and then it goes south. to 126.50. It's much narrower than a capacity would indicate we need, and a master transportation plan calls for this size of a road. An additional widening at the intersection of 123rd. So in order to successfully implement this, we need right-of-way. We do have the right-of-way for this configuration, but as you can see, the realignment of this with the proper curves that are required for safety. According to AASHTO, pushes the road considerably to the west outside of the existing right of way. We do have our outside counsel here that is going to explain the process that we're going through with this eminent domain action and we'll be able to answer, he or I will be able to answer any questions that you may have.

1:16:34 – 1:19:55Speaker 13

Yeah, good evening. I'm J.D. Kessler. I'm an attorney at Parsons Bailey in the Salt Lake City office and one of the leaders in our energy and infrastructure group and so do these kinds of eminent domain actions. On the map you're looking at. which is throwing me off because north is to the right and going south. But basically, as you go around that curve, there are essentially four different ownerships. They're all somewhat related, similar family there. There's been negotiation going on with them for, I think, quite some time. One of the holdups was it's difficult to negotiate occupancy before an action is filed because then, of course, you need a contract to cover every eventuality of taking occupancy pending that. By filing a condemnation action... you have the statutory prescribed process of occupancy, determination of value, and then ultimately trial if it goes to that. What the resolution does here today is it provides the statutorily required approval from the city council that will then authorize filing a complaint in eminent domain that can then begin that process i'm happy to walk through the process i don't think draper city has done one of these for a while i'd be happy to kind of discuss how that works is that okay so step step number one as i said would we would file a complaint in the and and In the complaint, it's pretty generic that says this is what we're taking, this is what we're taking it for, and this is why we comply with Utah code for the eminent domain code, which is 78B501 at SEC. Then, at about the same time, we would file what's known as a motion for immediate occupancy. requires the city to show that they have met the you know certain requirements that we've negotiated in good faith uh and that we meet the requirements of the code and it also requires that we have an appraised value of the properties we're taking and we the city is obligated to place that money into the court so that it's available for the landowner at that point it is their option they can take that money out and it's theirs of course If in the end a jury finds that it wasn't worth that much, they would have to refund some of that. If a jury finds that the property was worth more than that, the city would have to pay that difference plus interest if they leave it in the account. So it sets up a process so that they have money available to them. But what it does is it allows on a finding that immediate occupancy is warranted, it allows the city then to move in start constructing the road, and it gives us time to go through more negotiation, mediation, all the way up to trial, if needed, in that process. So it allows sort of the fairness of a full legal proceeding, if necessary. The trial is only for damages, right? Yeah.

1:19:55 – 1:20:09Speaker 3

We're driving the right to condemnation immediately. Exactly. So we're not waiting for the parcel. Right. It's really only the element of just compensation. So we'll have the property rather quickly. So we're not waiting for trial. So, yeah.

1:20:10 – 1:20:25Speaker 13

Yeah. But then it gives the landowner the opportunity to argue that their property was worth more than we had appraised and such. And then that can take as long as it needs to take if we don't negotiate or do something before that.

1:20:26Bryn Heather Johnson

And are these the properties on the west side, right? I'm a little turned around with the map, too. I'm from the east coast, so I only use landmarks.

1:20:36 – 1:21:17Speaker 13

So on the right of that picture, that's 123rd South. So if we were to turn that 180 degrees... everything you're seeing that needs to be condemned is on the west of 123rd there as it goes down and around the the coke plant would be you know towards the top and to the left of that screen um that that corner there and and then like the power lines that you're maybe familiar with out there rocky mountains lines that run through there they're there at the bottom and uh towards the left of the screen, but up against the roadway.

1:21:18Bryn Heather Johnson

So the parcels in question, are they undeveloped, or is that what we may need to do the eminent domain over? Are those the undeveloped ones?

1:21:27 – 1:22:23Speaker 13

Yeah, the parcels that we're seeking, if you sort of look at the drawings, you see it's really sort of slivers of that one that is on the southeast corner, which is vacant, which is towards the bottom and to the right of the screen of the intersection there. Now, at the top of that screen, at the top of the intersection, which is the southwest corner of the intersection, there is a strip mall right there. I think there's like some restaurants in there. Towards the left of that, it does impact their property where there's access there. They will continue to have access. It will just be slightly changed where the road has to be wider through there. And then that undeveloped area, as you're moving south along the top and the center of the screen, that's all undeveloped property currently.

1:22:24 – 1:22:56Speaker 6

All right, any other questions for J.D. ? Thank you, sir. Thank you. All right. This is the public hearing. It's ordinance 2638. It's a resolution of the council authorizing the filing of an eminent domain action to acquire real property for the improvement of the Lone Peak Parkway project. Is there anyone from the public that would like to address the council on resolution 2638? All right. Seeing no public comment, I'll close the public hearing. Let's bring it back to the council.

1:23:02Speaker 3

Mr. Mayor, I move we adopt Resolution 2638, authorizing the filing of the eminent domain action to acquire the real property from Provenal Loan Peak Parkway.

1:23:10 – 1:23:22Speaker 6

All right. Motion by Mike. Is there a second? I'll second. Second by Brynn. Further discussion? Hearing none, Mr. Green, how do you vote? Yes. Ms. Johnson? Yes. Ms. Lowry?

1:23:30 – 1:23:51Speaker 6

Ms. Dolan? Yes. All right, items approved unanimously, five to zero. Takes us to item number six. This is an action item. It's an ordinance of Draper City amending Title VI and IX of the Draper City Municipal Code related to short-term rentals. We'll have a staff report by Todd Taylor.

1:23:52 – 1:25:27Speaker 1

Thank you. This is an item that we've been discussing for a while. As you know, we've had several work sessions on it, including just this evening. This item was taken before a public hearing on July 21st. At that meeting, it was continued so that staff could address concerns. compliance with state law and penalties and change some text related to the sign size. So staff has gone in, we've revised the section of text so that it reads consistent with state law, as you can see here highlighted. In the blue, so it shall be a violation for any person to operate a short-term rental without first obtaining a short-term rental permit as provided in section 97050 of this title. Each day that any violation occurs is deemed to constitute a separate violation. The first three offenses within a 12-month rolling period shall be considered infractions. Additional offenses will be subject to the enforcement remedies as provided in 97060 of this title. And then the other change was, again, to the posting of the urgent response info on the outside of the residence to allow it to be a maximum of 8 1⁄2 by 11 inches. That basically concludes my presentation, unless you want me to go through all of the other provisions of the code again.

1:25:27 – 1:27:00Speaker 6

Does anybody have any other questions, more questions for Todd that... All right, thank you, Todd. I do have a card on this, but the public hearing is closed, so we don't take public comment on action items. So if you missed the public hearing, it was the last council meeting, so there won't be any public comment on this. This is an item set for action by the council. No public comment? Public hearing is closed. It happened last week. Correct. We don't do comment on action items. We do them in the public hearing, but you weren't here for that one. Sir, I'm not going to engage you in a conversation from the dais. We don't do public comment on action items. So we're not taking public comment. It's on our website. It's been our practice. Sir, I'm not going to converse with you over the dais. If you want to talk to me after the meeting, I'm happy to talk to you. I'm not talking to you anymore. Do not make any more comment. If you can't keep quiet, you need to leave. I will if I need to, if you want me to. Wrong name, dude. It's Troy. All right. Council members.

1:27:05 – 1:28:39Speaker 12

action um i we we just talked about this and that i didn't i wasn't aware that there was no public meeting on this but it is on the agenda there wasn't so i'm sorry that anyone who's here tonight we couldn't have let you know at the beginning that you'd need to make your comment during the public comment period so i apologize appreciate to the people coming we talked about this last we did have a public comment last time and we talked about it tonight in the business meeting and talked about some of the strengths and we've had lots of conversations about this I I think I agree that we – I'm the newest one on the council, and I haven't been in all of the discussions, but I agree that we – I would like to see some sort of process in Draper for short-term rentals, a permit process and some – Steps that need to be taken so that we can protect the things that we love about our city, but also allow for personal property rights. So I would like to see a two-day minimum. The original draft had a three-day minimum, but I would... I'm not sure how I would move this, but I would move that we... Pass this ordinance with a two-day minimum.

1:28:39Speaker 1

Can I just clarify, it's a two-night minimum.

1:28:44Speaker 12

Thank you. Two-night. With a two-night minimum. So did I make that motion? All right.

1:28:50Speaker 6

Your motion is to approve the ordinance 1721 of changing the original language from a three-night minimum to a two-night minimum.

1:28:59Speaker 6

But everything else stays the same. Okay. Motion by Ms. Dolan. Is there a second?

1:29:06Speaker 6

All right, second by Ms. Johnson. Is there further discussion?

1:29:10Speaker 19

Mr. Mayor, I'd like, go ahead.

1:29:14 – 1:30:10Bryn Heather Johnson

I would just say I have been thinking about this a lot since the public hearing a couple weeks ago, and we've received some emails. And so, you know, I've reached out to staff to understand what the difference between a three-day and a two-day minimum stay would make. I feel comfortable with a two-day minimum because I think we have other safeguards in place where – people can still rent their Airbnb or VRBO for the weekend, but that the likelihood of having raging parties for one night will be reduced by doing this, but it won't exclude owners to rent it just for the weekend, where I think the three-day minimum might preclude just weekend rentals for weddings, soccer events, things like that.

1:30:16 – 1:30:56Speaker 19

Yeah, Mr. Mayor, I would just like to just clarify, I think it's already been clarified that we did hear this at public comment at our last meeting, and there was public comment made on this agenda item. And the result of that public comment is the reason why many of us voted to continue this item to the next meeting. We've never had public comment on more than one meeting. And that automatically has always turned to an action item. And so I just want to make that clear that public comment was allowed and provided by others at the last meeting.

1:30:59 – 1:31:18Speaker 6

Thank you. So that's all I have. Anyone, any other comments? All right, so I have a motion and a second. We don't do public comment on this inaction. I'm sure it's the exact same situation as I told him. It's not noticed for public comment.

1:31:18Speaker 4

All right. I'm his attorney.

1:31:21Speaker 6

It's not noticed for public comment.

1:31:22Speaker 4

You didn't know about it. I'm sorry. I want transparency.

1:31:26 – 1:31:46Speaker 6

I'm sorry. It's on our website. It's noticed. It's public noticed. I can't hand deliver everything to people. It's on the website. The public noticed. The public hearing was noticed. We don't open up second public hearings. It's just our policy. It's been that way for 18 years. All right. I'm taking a vote. Who started this? Catherine?

1:31:48Speaker 6

How do you vote?

1:31:56Speaker 6

Fred? Yes. Tasha?

1:32:02Speaker 6

All right. Items approved four to one. Item number seven is next on our agenda. Mr. Green?

1:32:12Speaker 3

Move to adjourn. Motion to adjourn.

1:32:14Speaker 6

A motion by Mr. Green to adjourn. Is there a second?

1:32:16Speaker 3

I'll second. Second.

1:32:17Speaker 6

Second by Ms. Johnson. All in favor of adjournment, say aye.

1:32:20Speaker 6

Any opposed? All right. We stand adjourned.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.