SOUTH JORDAN CITY

COMBINED MEETING OF THE CITY COUNCIL, MUNICIPAL BUILDING AUTHORITY AND REDEVELOPMENT AGENCY

 

June 7, 2011

 

Present:        Mayor Kent Money, Council Member Brian Butters, Council Member Kathie Johnson, Council Member Larry Short, Council Member Aleta Taylor, Council Member Leona Winger, City Manager John Geilmann, ACM Gary Whatcott, ACM Laurie Johnson, City Attorney Rob Wall, Police Chief Lindsay Shepherd, City Council Secretary MaryAnn Dean

 

Others:          Becky Pickle, Ben Young, Ann Gayheart, Mike Davis, Tiffany Jencks, Lori Jencks, Paul Jencks, Gary Allred, R.J. Coles, Lisa Livingston, Barbara Breen, Matt Bishop, Luke Kochniuk, Kevin Zenger, Dan & Candace Wagaman, Steve Barnes, Del and Jil Bircher, Tasha and Cory Naegle, John and Kim Stevens, Julie Russell, Lorene Thompson, Susan Burningham, Linda Auger, Janet Sagaser

 

6:00 P.M.

REGULAR MEETING

 

I.          GENERAL BUSINESS

 

A.        Welcome and Roll Call

 

Mayor Money welcomed everyone present. All members of the City Council were present.

 

B.        Opening Ceremony

 

1.         Invocation

 

Council Member Short offered the invocation.

 

2.         Pledge of Allegiance

 

Tiffany Jencks, outgoing Youth Mayor, led the audience in the Pledge of Allegiance.

 

C.        Motion to Approve Amended Agenda Items, If Any      

 

Council Member Butters made a motion to approve the amended agenda, as presented. Council Member Winger seconded the motion. The vote was unanimous in favor.

 

D.        Minute Approval

 

1.         May 17, 2011

 

Council Member Short made a motion to approve the May 17, 2011 City Council minutes, as printed. Council Member Taylor seconded the motion. The vote was unanimous in favor.

 

II.         AWARDS, PRESENTATIONS

 

A.        Youth Council Mayor Tiffany Jencks Presents “Outgoing Report”. Also, New Youth Council Mayor, Ashlyn Naegle and Youth Council Mayor Pro Tempore Philip Soelberg, Oaths of Office

 

Mayor Money expressed appreciation to the Youth Council for the service they render. He commended Tiffany Jencks for her work.

 

Tiffany Jencks, Youth Mayor, read her outgoing report. She presented the new Youth Mayor, Mayor Pro Tempore, and adult leaders.

 

Mayor Money noted that the outgoing Youth Council Director Barbara Soulier will be the Grand Marshal in this year’s Country Fest parade along with her husband.

 

Anna West, City Recorder, administered the oath of office to Ashlyn Naegle (Youth Council Mayor) and Philip Soelberg (Youth Council Mayor Pro-Tempore).

 

Council Member Winger made a motion to approve Janeen Anderson as the assistant Youth Council Director. Council Member Taylor seconded the motion. The vote was unanimous in favor.

 

Council Member Winger commended Barbara Soulier for her work as the Youth Council Director.

 

 

Council Member Winger recognized and introduced Mark Seethaler who will be running for City Council from District 1. She gave her full support to Mark Seethaler.

 

B.        Collector Street Fence Committee - Final Report

 

Gary Howell, Vice Chair of the Collector Street Fence Committee, gave a presentation on the committee’s recommendations (Attachment A). He said they are recommending that the split rail fence be vinyl or coated, not raw wood. He said they feel that there should only be one visible fence on the collector street. He also noted that the mesh they are recommending is heavy gauge and is guaranteed for 20 years. It was noted that this fencing addresses residential only. He gave the specifics on the mesh product, and said products such as weed block should not be used. Council Member Johnson asked about the heavy gauge vinyl that is recommended? Mr. Howell said they recommend 16 gauge vinyl.

 

Council Member Taylor asked if the committee addressed the grandfathering of existing fences? Mr. Howell said they feel that if the existing fencing material is changed, the residents would have to meet the new recommendations.

 

Council Member Short asked if a heavier gauge split rail fence would be required for horse property? Mr. Howell said the committee felt that the material needs to be protected from the elements. The residents can keep their existing fences.

 

Council Member Winger asked when and how would they implement the recommendations?

 

Ann Gayheart, committee member, said the iron fences have become problematic. She said many of the residents don’t want the government to regulate the fences. They need other options to fit people’s budgets. She said she feels the heavier gauge vinyl is okay. She said some neighbors get together and get a consensus on fencing so there is continuity. She feels existing fences should be grandfathered. Some things can be enforced if it was not in the Ordinance when the fence was built. When the fence is being replaced, then it must come up to code. Mr. Howell said he has been waiting to change his fence when he sees what he can put up legally.

 

It was noted that staff is already encouraging and suggesting fence continuity in the neighborhood. Mr. Howell said if there is only certain materials that they can choose from, there will still be some consistency and it will still look good.

 

Mayor Money asked how is the maintenance of the fence addressed? Mr. Howell said they suggest that the property owner be notified and be given a timeframe to fix the fence. It can be a safety issue as well as an aesthetics issue.

 

Mayor Money said some of the fencing on 4000 West is a pressed wood product that has been up for 25-30 years. The fences are ready to fall down, but no one wants to change them because they don’t want to replace the fence. He complimented the committee on their work.

 

Council Member Taylor made a motion to accept the recommendation from the Collector Street Fence Committee and to ask staff to bring back a Resolution for the City Council’s approval, implementing the recommendations. Council Member Johnson seconded the motion. Roll call vote. The vote was unanimous in favor.

 

C.        South Jordan Chamber of Commerce Quarterly Report

 

The Chamber of Commerce representatives gave the Council copies of their member list, financial highlights, as well as a bullet point sheet (Attachment B). Ben Young, Chamber of Commerce chair, said year to date, they are $3300 ahead of where they were last year. He said they are on track to make a profit this year. The numbers shown are without the city donation. They are trying to keep costs down.

 

Mr. Young said their membership is up 8 percent. They have 3 new visionary members. Their goal is to do a ribbon cutting for all new businesses. He reviewed the action items listed on the bullet sheet. He said they are planning a trip to China for 3 weeks. They also now offer dental and vision insurance.

 

Becky Pickle, South Jordan Chamber of Commerce, reviewed the Country Fest activities they have planned. It was noted that the President of Chick-Fil-A will be speaking to the business members on July 27th at 11:30 a.m. at the Megaplex. He will be speaking on servant leadership.

 

Mr. Young said Merit Medical is doing bi-monthly tours of their facility for the Chamber of Commerce. He said they are focusing on large companies. He introduced the board members that were present.

 

Council Member Butters noted that the Chamber of Commerce is doing the Country Fest breakfast. Council Member Winger thanked the Chamber for their support. The Mayor offered the City’s help in getting businesses to join the Chamber. Council Member Winger suggested that they contact Ultradent. She said she would help with contacts at Mona Vie.

 

III.        CITIZEN COMMENT

 

Mark Seethaler, 1319 Temple Vista Lane, said he is honored to be pursuing the City Council seat. He indicated that he served on the CIC Committee last year and attended South Jordan University in the Spring. Not only did he receive information on the workings of the City, he also saw the heart, passion, and goodness of staff and the elected officials. He gave his best wishes to Council Members Taylor and Johnson as they run their re-election campaigns.

 

IV.       SUMMARY ACTION CALENDAR

 

A.        Resolution R2011-27, Approving an Interlocal Agreement with Riverton City Allowing a Secondary Water Connection Between an Existing Riverton City Secondary Water Line on 1300 West and The Groves HOA Secondary Water Pipe System

 

B.        Resolution R2011-28, Authorizing the Mayor to Sign an Interlocal Cooperation Agreement Between South Jordan City and Riverton City for Improvements on 1300 West

 

C.        Resolution R2011-29, Adopting Re-Districting Principles

 

The City Council pulled all items for discussion.

 

V.        SUMMARY ACTION ITEMS HELD OVER

 

A.        Resolution R2011-27, Approving an Interlocal Agreement with Riverton City Allowing a Secondary Water Connection Between an Existing Riverton City Secondary Water Line on 1300 West and The Groves HOA Secondary Water Pipe System

 

Council Member Short asked about the cost of the project and the term of the agreement? Public Works Director Bruey said the HOA is taking on the financial obligation totally. There is no financial impact to the City. There is no out of pocket cost to the City. The City is not fronting any money. Council Member Butters asked if it includes any and all administrative fees? Mr. Bruey said yes.

 

Staff indicated that the Groves HOA approached the City and had done the financials within their group. South Jordan is providing the connection through the road for the HOA. The connection is already in place. The financial agreement is the billing for the water. CM Geilmann said this deals with water leaving one jurisdiction and going to another. They are just approving the Interlocal agreement. There is no financial aspect. ACM Whatcott said the only obligation that the City has is in maintaining the water meter.

 

Council Member Butters asked if they should have a written agreement with the HOA? Mr. Bruey said he believes there is an agreement. It was noted that the City Council was not provided a copy of the agreement. Mayor Money said they need to understand the agreement with Riverton City. Council Member Taylor said she would like to see what water shares are used and how it is being tracked. ACM Whatcott said Riverton’s water is being used.

 

The City Council determined to hold on the decision at this time. Staff will bring back the additional information, as requested.

 

B.        Resolution R2011-28, Authorizing the Mayor to Sign an Interlocal Cooperation Agreement Between South Jordan City and Riverton City for Improvements on 1300 West

 

City Engineer Klavano said this has to do with Federal money to improve 1300 West from 11080 S. to the City limits. Riverton will pay 6 percent of the Federal money obligations so they can complete the entire street instead of half the street.

 

C.        Resolution R2011-29, Adopting Re-Districting Principles

 

Council Member Johnson said as they go through the process, there may be some small changes. City Attorney Wall reviewed the re-districting timeline. The changes won’t affect anything in South Jordan.

 

Council Member Butters made a motion to approve item’s B. and C. on the Summary Action Calendar, and to wait on a decision for item A. until the next meeting on June 21st . Council Member Taylor seconded the motion. Roll call vote. The vote was unanimous in favor.

 

VI.       PUBLIC HEARINGS AND POTENTIAL LEGISLATIVE ACTION ITEMS

 

A.1.     Public Hearing – Resolution R2011-25, Land Use Amendment Application LUA-2011.02 From Open Space to Low Density Residential and Ordinance 2011-05-Z for Rezone Application REZ-2011.05, Rezone of Property Owned By The City 11314 South 3200 West and 11352 South 3200 West From R-2.5 to R-3

 

Senior Planner Schindler reviewed the background information on this item.

 

Mayor Money opened the public hearing.

 

John Stevens, 11369 Stoker Cove, said he lives right behind the subject property. He has lived in the home for 3 ½ years. They were told by DR Horton that the space was open space and nothing would ever be built there so he would always have his view of the mountains. He was told there would be a park on the property. To get to the other park, the kids would have to go out onto 11400 South and 3200 West. He said it would be easier to put a park on the property rather than bringing in roads and utilities. Would it be possible to sell the property to the first three houses on his street? Then the 100 year storm would be behind the 4th house. He said if his neighbors can’t participate, he would consider purchasing all three lots. He would consider putting the land into open ground if the City can help him get water from the canal. He would even allow a strip on one side of his house for the neighbors to use the open space property.

 

Brian Barney, 11354 S. Stoker Cove, said they were also told by the developer that this would be open space and probably a water retention park. He said developing this property would cause them to have to cross another street to get to the park. With the water retention area, there is already a drain and the property floods quite a bit. It was noted that the outlet is to Midas Creek.

 

Mr. Barney said if they build on this land, would those homes have a problem where a lot of water already collects there? He noted that his brother’s house has had flooding issues in another part of the City.  

 

Mayor Money noted a letter from Ashit Shah, 11387 S Stoker Cove, to be submitted for the record (Attachment C).

 

Del Bircher, 3248 Canyon Meadow Dr., said South Jordan did an exchange for that property to develop. He said they were told it was going to be open space for a park or other open area and now the City wants to change that. This issue should have been addressed when the exchange was made.

 

Mayor Money said in the property exchange, there was never a mention that this property was to remain open. He said development of this property is not a new concept.

 

Mr. Bircher said his big concern is with water drainage and if that has been fully addressed. He is concerned that they are creating a potential for problems, and reducing open space.

 

Mayor Money said the exchange was value for value for what the City did for Ivory’s development. He agreed that they do not want to create a water situation.

 

Jil Bircher, 3248 Canyon Meadow Dr., said she has concerns with the catch basin that will be made smaller with the development of the property. The catch basin that is currently on the subject property is at a lower elevation. It holds a lot more water than the catch basin across from their house. CM Geilmann said the property would have to be re-engineered and would have to satisfy water run off issues.

 

Mayor Money said they need to make the protection of the homeowners from the storm water the top priority.

 

Mrs. Bircher said another question is with the traffic flow on 3200 West. If there is another exit on 3200 West close to 11400 South, will a traffic light be installed?

 

Kevin Zenger, 3228 W. 11340 S., concurred with the previous comments. He said their entire neighborhood shares their concerns. He said he is concerned about flooding. This property had a lot of water on it Memorial Day weekend. He would also like to see more preservation of open space.

 

Council Member Short asked how Mr. Zenger would feel about the property being used for a team sport? Mr. Zenger said that would be great, but fencing would be needed along 11400 South.

 

Mayor Money closed the public hearing.

 

            A.2.     Potential Action Item – (See VI. A.1.) R2011-25

            A.3.     Potential Action Item – (See VI. A.1.) 2011-05-Z

 

Mayor Money asked staff to meet with Mr. Stevens regarding his proposal and to see what other alternatives can be considered. They need to take into consideration the cost to improve the three lots. If Mr. Stevens is willing to do as he suggested, the City may be able to find a way to irrigate the property.

 

Council Member Johnson made a motion to table item VI. A.1. Council Member Taylor seconded the motion.

 

ACM Whatcott noted that a portion of the property is owned by Jordan Valley Water Conservancy District (JVWCD). Should they exclude that piece in the discussions with Mr. Stevens? Mayor Money suggested that they look at the entire parcel and see what they can work out to make the area attractive. It is the entrance into a huge neighborhood. He said his concern is with the look of the property and the ongoing maintenance of the property.

 

ACM Whatcott said JVWCD has some facilities being built on the site. Mayor Money said they need to consider the three developable lots and see how that can work with the detention pond.

 

Council Member Johnson asked if they are working on a specific time table? ACM Whatcott said JVWCD is working on one. It was noted that the landscaping on the property should be coordinated with JVWCD. Mayor Money said they have a very generous offer from a resident and they need to see that through before a decision is made.

 

Council Member Butters asked if the property is free and clear of any encumbrance or financial debt? CM Geilmann said yes.

 

The Role Call Vote was unanimous 5-0 in favor to table item VI. A.1.

 

B.1.     Public Hearing – Ordinance 2011-12, Amending Chapter 2.36.010 With Regards to Appointment and Responsibilities of the City Treasurer, Updating the City Municipal Code to be in Compliance With Current State Code

 

Finance Director Sunil Naidu reviewed the background information on this item.

 

Mayor Money opened the public hearing. There were no comments. He closed the public hearing.

 

B.2.     Potential Action Item – (See VI. B.1.) Ordinance 2011-12

 

Council Member Winger made a motion to approve Ordinance 2011-12. Council Member Butters seconded the motion. Roll call vote. The vote was unanimous 5-0 in favor.

 

C.1.     Public Hearing – Ordinance 2011-13, Amending Sections 3.20.030 and 3.20.040, and Enacting Section 3.20.090 to Change The Telecommunications License Tax Rate and Bring Chapter 3.20 in Accordance With State Law

 

Finance Director Naidu reviewed the background information on this item.

 

Mayor Money opened the public hearing. There were no comments. He closed the public hearing.

 

C.2.     Potential Action Item – (See VI. C.1.) Ordinance 2011-13

 

Council Member Winger made a motion to approve Ordinance 2011-13.

 

Mr. Naidu indicated that they have not been collecting the 4 percent tax rate and it is not in the budget for next year.

 

Council Member Short seconded the motion. Roll call vote. The vote was unanimous  5-0 in favor.

 

D.1.     Public Hearing – Resolution R2011-21, Amending the Fiscal Year 2010-11 Budget for South Jordan City. The Appropriation Authority Shall Apply to the Fiscal Year Ending June 30, 2011

 

Mayor Money opened the public hearing. There were no comments. He closed the public hearing.

 

D.2.     Potential Action Item – (See VI. D.1.) Resolution R2011-21

 

Council Member Taylor made a motion to approve Resolution R2011-21. Council Member Short seconded the motion. Roll call vote. The vote was unanimous 5-0 in favor.

 

E.1.     Public Hearing – Resolution R2011-22, Adopting a “Tentative Budget” For The Support of the City of South Jordan and Making Appropriations for The Support of South Jordan City for The Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012

 

            E.2.     Potential Action Item – (See VI. E.1.) Resolution R2011-22

 

City Attorney Wall said the City Council accepted the tentative budget in May. Staff has made the budget available to the public since May 27th.

 

Council Member Winger made a motion to approve Resolution R2011-22. Council Member Butters seconded the motion. Roll call vote. The vote was unanimous 5-0 in favor.

 

Mayor Money opened the public hearing. There were no comments. He closed the public hearing.

 

Council Member Winger made a motion to recess the City Council meeting and go into a Municipal Building Authority meeting. Council Member Short seconded the motion. The vote was unanimous in favor.

 

MUNICIPAL BUILDING AUTHORITY (MBA) MEETING

 

F.1.     Public Hearing – Municipal Building Authority Resolution MBA 2011-01, Amending the Fiscal Year 2010-11 MBA Budget for The Municipal Building Authority of South Jordan City. The Appropriation Authority Shall Apply to the Fiscal Year Ending June 30, 2011

 

Chairman Money opened the public hearing. There were no comments. He closed the public hearing.

 

F.2.     Potential Action Item – (See VI. F.1.) MBA 2011-01

 

Board Member Butters made a motion to approve Resolution MBA 2011-01. Board Member Winger seconded the motion. Roll call vote. The vote was unanimous 5-0 in favor.

 

G.1.     Public Hearing – Municipal Building Authority Resolution MBA 2011-02, Adopting a “Tentative” Budget for The Municipal Building Authority of South Jordan City for Fiscal year 2011-12

 

            G.2.     Potential Action Item – (See VI. G.1.) MBA 2011-02

 

Board Member Taylor made a motion to approve Resolution MBA 2011-02. Board Member Winger seconded the motion. Roll call vote. The vote was unanimous 5-0 in favor.

 

Chairman Money opened the public hearing. There were no comments. He closed the public hearing.

 

Board Member Butters made a motion to adjourn the Municipal Building Authority meeting and go into a Redevelopment Agency meeting. Board Member Taylor seconded the motion. The vote was unanimous in favor.

 

REVELOPMENT AGENCY MEETING

 

H.1.     Public Hearing – Redevelopment Agency Resolution RDA 2011-01,  Amending the Fiscal Year 2010-2011 Budget for South Jordan Redevelopment Agency. The Appropriation Authority Shall Apply to the Year Ending June 30, 2011

 

Chairman Money opened the public hearing. There were no comments. He closed the public hearing.

 

H.2.     Potential Action Item – (See VI. H.1.) RDA 2011-01

 

Board Member Short made a motion to approve Resolution RDA 2011-01. Board Member Taylor seconded the motion. Roll cal vote. The vote was unanimous 5-0 in favor.

 

I.1.       Public Hearing – Redevelopment Agency Resolution RDA 2011-02, Adopting a “Tentative” Budget for The South Jordan City Redevelopment Agency for The Fiscal Year 2011-2012.

 

            I.2.       Potential Action Item – (See VI. I.1.) RDA 2011-02

 

Board Member Taylor made a motion to approve Resolution RDA 2011-02. Board Member Winger seconded the motion. Roll call vote. The vote was unanimous 5-0 in favor.

 

Chairman Money opened the public hearing. There were no comments. He closed the public hearing.

 

Board Member Winger made a motion to adjourn the Redevelopment Agency meeting and move back into a City Council meeting. Board Member Taylor seconded the motion. The vote was unanimous in favor.

 

VII.      PUBLIC HEARINGS AND POTENTIAL ADMINISTRATIVE ACTION ITEMS

 

None.

 

VIII.     OTHER BUSINESS

 

A.1.     Site Plan/CUP Appeal Application AP-2011.02 For a Convenience Store/Gas Station Located at 10420 S. 4000 W. Nathanael Gardner, 7-Eleven, Inc. (Appellant).

 

Council Member Winger made a motion to review the application de novo and hold a public hearing on this item. Council Member Taylor seconded the motion. The vote was unanimous in favor.

 

Senior Planner Schindler reviewed the background information on this item. The only condition that 7-Eleven is appealing is the restriction of hours of operation between 12 a.m. and 5 a.m. They did not file the appeal based on any other conditions. Staff’s recommendation is to approve the appeal with the conditions, as outlined in the most recent staff report (Attachment D to these minutes) which Mr. Schindler distributed to the Council.  He reviewed those conditions. He said the applicant is working with Perry Homes regarding cost sharing for the wall that will be built. He reviewed the proposed lighting plan and the building orientation to the street. He said the lighting standards have been discussed with the applicants.  Mr. Schindler added that the applicant has agreed to all conditions and requirements imposed by staff and the Planning Commission, other than the restriction on the hours of operation.

 

Nathanael Gardner, 95 N. 1125 W. (Layton), applicant, indicated that he is the real estate representative for 7-Eleven. He reviewed the background information on the 7-Eleven Corporation. He said there will be some grocery items available at the store. They tailor the stores inventory to the needs of the neighborhood. Less than 14 percent of their sales are from beer. Their largest sales are drinks. They are working on growing the food category as well. He explained how they avoid people underage purchasing products. They only advertise for beer in their windows, if it is allowed by City and state code. Mr. Gardner reviewed the lighting plan for this location. It was noted that the directional lighting is all handled by local contractors.

 

Mr. Gardner outlined operation alert, which is 7-Eleven’s crime prevention program. They are the leader among retailers in crime deterrence and employee and customer safety. The robbery rate has decreased 71 percent since the implementation of operation alert in 1975. There were only 12 7-Eleven robberies in Utah in 2010. The average amount of money a robber receives is $34. There are 117 stores in Utah; all but 2 stores are open 24 hours a day. He gave the background on those 2 stores.

 

Mayor Money opened the public hearing.

 

Linda Auger, 10862 Pine Shadow Road, said this issue has been a major discussion in the neighborhood. She lives in the neighborhood directly to the south. There is another 7-Eleven 1½ miles to the east; it is already open 24 hours a day. If they need something during the night, they can go to that store. She noted there are other options open during the night time hours as well. She said she feels a preceden[ce] in this area has been set by limiting the Holiday Oil hours in the area. The LED lights will give out light pollution. The inside of the building will be brightly lit and it will be hard to see outside with the light discrepancy. She feels opening the store from 12 a.m. to 5 a.m. will draw transient traffic off Bangerter Highway. She does not feel there is enough foot or car traffic to support the hours during the night. She noted that the police department responded 5.25 times per year to the stores open all night, versus the Holiday Oil that is closed from 12 a.m. to 5 a.m. which was called 1.8 times in a year. She understands some of those stops are traffic related, not theft or crime. She said she is concerned about crime. She said 7-Eleven has said it would not be profitable to close the store during the night; she would like to see the objective findings that support a loss of profit. She stated she has seen drug deals occur at convenience store parking lots in the valley during the daytime.  She said she does not mind 7-Eleven. The architecture on the building is nice. She opposes the store being open 24  hours a day. If they leave the store open between 12 a.m. and 5 a.m., they are opening the area up to a lot of problems. Lighting could be a problem. Her concern is increased transient traffic and crime.

 

Mike Davis, 10519 Poplar Grove Dr., said he lives directly to the south of the proposed development. He is okay with the 7-Eleven store; his main concern is the store being open from 12 a.m. to 5 a.m.. Holiday Oil has not had any problem at all being closed during those hours. The location has the potential of producing extra crime in the area. He said 7-Eleven does a good job preventing robberies, but not beer runs. He noted that the Wal-Mart on 9800 South, the Harmons on 114th, and the proposed Super Wal-Mart on 104th and Bangerter all address the night shopping issue. He said there is no reason that this store should be open during the night. Holiday Oil has been a good neighborhood store. His back yard faces Holiday Oil. He said there will be many issues with the lighting from 7-Eleven during the hours of 12 a.m. and 5 a.m. He is also concerned about increased crime.

 

Susan Burningham, 10495 Juniper Hills Dr., showed a picture of how Holiday Oil looks at night. She said it closes at 11 on Sunday. She showed a picture of the lighting of 7-Eleven on 2700 West 10400 South at night. She said this store is at an intersection with four nice neighborhoods on every corner. She said a convenience store open after midnight will be a detriment to the area. She asked the Mayor, City Council, and staff to consider that this could be a 7-Eleven that is closed at night.

 

Janet Sagaser, 10876 Pine Shadow Rd., said she is the mother of a teenager and likes the lack of commercialism in this area. She would like the 7-Eleven closed late at night. 7-Eleven claims that it is not profitable to close at night. What are they selling between 12 a.m. and 5 a.m. that will affect their business? What type of person will come by the 7-Eleven at that hour? She said opening up the store during the night will create opportunities for a hangout during the summer. She reiterated that Harmons, Wal-Mart on 9800 South, and the proposed Super Wal-Mart are open 24 hours a day. There is no issue not being able to purchase the things they need during the night. She said she does not want the 7-Eleven open all night in their neighborhood.

 

Noelia Harmon, 10764 S. Pine Grove Way, said she has younger children and a pre-teen. She concurred with the previous comments. There is no need in the neighborhood for any store to be open that late at night. There are plenty of other options to purchase things in the middle of the night. She doesn’t see the need for the late hours. She concurred with the previous comments.

 

Blair Wilijunior,10764 S. Pine Grove Way, said he is not against 7-Eleven being built, but he is opposed to the operations after midnight. He said he doesn’t know if anyone has done a case study of vandalism, theft, aggravated assaults that will usually accompany convenience stores in their immediate area. His concern is strange people coming into the neighborhood and the opportunity of vandalism, etc. in their area. There are very few cars in their neighborhood after midnight and they won’t be getting a lot of business. He said there are plenty of other all night options, if it is needed.

 

Steve Barnes, 4268 W. 11430 S., said he would frequent 7-Eleven as a teenager late at night after his job. He said not all people that will go to the store during late hours are bad. He said there are times he wishes Holiday Oil was open after midnight. He said at times, when they have a bad snow storm and they don’t want to travel far, it would be nice to get medicine or supplies in the middle of the night. He said the later hours could serve a good purpose.

 

Senior Planner Schindler read statements from Paul Bourne (Attachment E to theses  minutes) and Bill Perry (Attachment F to these minutes) for the record.

 

Norm Fare, 10495 S. Juniper Hills Dr., said he understood that the original agreement was that 7-Eleven would shut the operation down between 12 a.m. and 5 a.m. He said he would like to see 7-Eleven respect the area rather than just focusing on their profit. He said they have TRAX coming and they understand that they will have more traffic. He said Trax won’t run 24 hours a day. He said 7-Eleven wants to draw people to the area that would not normally be there during those times. That is not in the best interest of their community. He said 7-Eleven has not contacted the neighbors to see what their desires are.

 

Mayor Money closed the public hearing.

 

Mr. Gardner, 7-Eleven representative, said 7-Eleven is not a traffic builder, rather they are a traffic interceptor. They will be attracting people that are already in the area, not drawing new people. With Operation Alert, they have strong rules on loitering. There are also curfew laws that are enforced. If there is loitering, it detracts from their business. He said keeping a business secure that is closed is expensive. They still have lights on and still have to pay for power. He said it is easier to pay an employee even if they don’t get a lot of sales. He said the employees are cleaning and doing other duties at night. He said staff had recommended that they also allow Holiday Oil to stay open 24 hours. He said he is fine with that, but it is not in Holiday Oil’s business model. He said the biggest concern with Holiday Oil’s noise is with the car wash. 7-Eleven won’t have a car wash at this location. He said they can’t stop beer runs.

 

Council Member Johnson asked if 7-Eleven has security cameras? Mr. Gardner said yes, a minimum of 6, in the parking lot and in the store. They make the tapes available to police whenever there’s a question.

 

Mayor Money said one option is to have a one year period to let 7-Eleven operate and then take a look at the impact it is having. He asked how important is the 12 a.m. to 5 a.m. opening to 7-Eleven? Mr. Gardner said it is important. He said sales are 25 percent more for the stores that are 24 hours.

 

Council Member Taylor asked if the largest beer sales happen between 12 a.m. to 5 a.m.? Mr. Gardner said no; beer sales are prohibited after 1 a.m. and they can’t start selling it again until 7 a.m. Their largest beer sales are late afternoon and on weekends.

 

Council Member Taylor asked if it is a deal breaker if the City insists that they close the store from 12 a.m. to 5 a.m. Mr. Gardner said they would have to get approval from their national office. It would be much tougher to get that approval.

 

Mayor Money asked what was the preceden[ce] with the closing of Holiday Oil? City Attorney Wall said the Planning staff advised there is no indication in the City records as to why the condition was imposed. He said the Planning staff has reported that even now, Holiday Oil doesn’t want to be open during those hours. He said the City Council needs to weigh if the concerns are substantiated by credible evidence and if there are those concerns, the applicant needs to address the mitigating factors. He said one reason a one year stipulation on the extended hours of operation as opposed to denying the request from the beginning may be an advisable option is that the planning staff and police department  advise they don’t’ know if  the crime statistics noted in the staff report relate to convenience stores being open from 12 a.m. to 5 a.m.  They also don’t know whether the increased number of crimes reported to date are theft, trespass, burglary, etc. that is activity related to a convenience store, or simply traffic and other issues that may or may not be related to a retail operation.

 

Council Member Taylor said South Jordan has a different standard and they could document lighting effects. It affects their ability to sleep in their home and see in their yard at night. She feels they can come up with substantial evidence to say that it can be a detriment to the lifestyle of the residents. She said it seems like a business risk to do the one year condition of approval.

 

Council Member Johnson noted that to the south of this site, there is room for more commercial. She asked if fencing would only be required on the west side?  Planner Schindler said yes; currently the two property owners are negotiating how much each side will pay for the fence. He said the fence is planned to be 6 ft.; anything higher would have to be approved by the City Council.

 

Council Member Taylor said they could assume and document that what they will lose between 12 a.m. and 5 a.m., they will make up in loyalty and trips from these neighbors. She said that seems like a fair exchange.

 

Council Member Short said when these businesses are open during the night, it is a whole different feel in the area. He said Bangerter is a close place to drop someone off to go to 7-Eleven during the night. He said Daybreak is like the Avenues (that has a store closed during the night) in that it is family oriented individuals. He said the Holiday Oil is closed and it is working out for them and the neighbors seem to like it.

 

Council Member Johnson concurred, but said they don’t have the substantial evidence that is needed. Mayor Money said the convenience stores in the City have been great corporate citizens. They provide a service to the residents. He said they make it a point to protect the neighborhoods. He said he would like to think that is one reason that Holiday Oil is closed during the night. He said Bangerter Highway is lit and they will have commercial along that road. He said there are different rules when you get in the neighborhood areas. He said it is not the crime issue; they have no evidence to that fact. He said a one year probationary period will solidify that what they are doing is okay or it may reveal some problems. He said there are a lot of homes in the area. They always have to remember to protect the neighborhoods.

 

Council Member Butters said there are nice neighborhoods in the area. There is lots of density and residential. He said he travels this intersection numerous times a day.

 

Council Member Butters commented that, based on legal counsel advice, the Council may deny the request to operate with extended hours if there is substantial evidence of potential detrimental impact for operating with extended hours and if there are no conditions that can reasonably be imposed to mitigate that impact.  Council Member Butters then made a motion that the Council approve the site plan/CUP appeal application AP-2011.02 and allow extended operating hours, subject to the following:

 

1)    A review by the City Council at the end of one year to determine whether the Applicant has met all conditions and applicable requirements imposed by the City Council, the City Code, and by the site plan process and reconsider whether there are detrimental impacts from extended operating hours that are not or cannot be reasonably mitigated;

2)    An annual review of any violations of selling alcohol and tobacco to minors at the proposed 7-11;

3)    Applicant to maintain cleanliness in and outside of the facility up to South Jordan Standards;

4)    Applicant to maintain beautiful landscaping, aesthetically pleasing up to South Jordan standards;

5)    A 10 ft. wall be required on the west of the property as one means of mitigating the light, sound, and other impacts since this will be a 24 hour operation for the next year;

6)    The neighborhood continue to be monitored for crime;

7)    Applicant implements the security measures proposed by Applicant in a manner acceptable to the Community Development Director and the Chief of Police; and

8)    The Applicant complies with all other legal requirements and/or conditions imposed by the City Code, and by staff and by the Planning Commission through the development approval process (with the exception of the restriction on hours of operation imposed by the Planning Commission).

 

Council Member Winger seconded the motion.

 

Council Member Short made a substitute motion to include everything in Council Member Butters motion, except that the 24 hour operation not be allowed. Council Member Taylor seconded the motion.

 

Council Member Short said his evidence that he is submitting regarding the denial on the extended hours is that the neighborhoods that they have in the avenues and on 9000 South already support it.

 

Roll call vote on the substitute motion. The vote was 2-3, with Council Member Winger, Council Member Johnson, and Council Member Butters opposed. The motion died.

 

Council Member Johnson asked if the probationary period can be changed to 6 months? City Attorney Wall said that is at the discretion of the City Council. They need to determine if that is enough time for staff to collect the desired information. Council Member Butters determined to stay with the original motion.

 

Roll call vote on the original motion. The vote was 3-2 in favor, with Council Member Short and Council Member Taylor opposed. The motion passed.

 

The City Council took a break.

 

B.1.     Jordan River Commission Discussion

 

Council Member Short said they need to make a decision on the Jordan River Commission. They have not shown support for it, to date. The Commission is getting ready to place their Board. Council Member Taylor said they are making their corporate partners, and businesses such as Rio Tinto are asking why South Jordan is not on board. Council Member Short said South Jordan has done a great job on the river. They need to make a decision if they want to move forward or let it go.

 

The City Council discussed what cities are joining and not joining the Commission.

 

Council Member Short recommended that they hold off on joining the Commission for a year. He said they should write a letter informing the Commission of their decision and they should take Council Member Taylor off the committee, as an official representative. Mayor Money asked how is it for Council Member Taylor, with her position, when the City is not a member? Council Member Taylor said it is awkward. She helped write the Interlocal agreement. The main issues addressed were the issues from this City Council. She said her concern is that the City Council is being myoptic if they think their citizens stop at the end of the City boundaries on the trail. The scouts will use the river miles beyond their borders. She wishes they could see it as a vision of a recreation corridor that they are handing to the citizens and saying they are responsible enough to contribute to the regional effort. She said some of their citizens have lost property into the river. She said there is a lot of technical expertise on the committee that they can draw from. She said the citizens will benefit from the lake to lake corridor. She said the cost is $4,000 and they will get something so much bigger. She said it is also an Economic Development tool. She said they will lose if they are not at the table. There are corporate citizens coming on board now and they expected that South Jordan would be on board.

 

Council Member Short said they are not part of UTOPIA and they are glad about that. Council Member Taylor said this is different.

 

Mayor Money said his concern with it is the bonding issue. Council Member Taylor said they would never do it unless the citizens voted that they wanted it. She said they can opt out of the bonding. Council Member Short said they should opt out now.

 

Council Member Johnson said they could watch it grow and see how the Commission functions before they jump in and get tied into something that they can’t get out of. Council Member Taylor said they can opt out with 30 days notice. Mayor Money said if they become part of the bond, they can’t get out in 30 days.

 

Council Member Taylor said they recently decided that the rotation of the committees should be done with the municipal elections. Why the urgency to take her off the committee during the campaign season? Mayor Money said he does not suggest that they take Council Member Taylor off the committee. Council Member Taylor said the corporate citizens don’t understand why South Jordan is not on board.

 

Council Member Short made a motion to opt out of the Jordan River Commission, and to notify them by letter. Council Member Butters seconded the motion.

 

Council Member Short said the Commission is putting together their Board and they need to know that the City is not participating in the Jordan River Commission. Mayor Money asked if they have a problem with Council Member Taylor attending the meetings? Council Member Johnson said she has every right to attend, as a private citizen.

 

Council Member Winger said there was a lot of pressure put on them with UTOPIA. The arguments were the same. She said Council Member Taylor has done a great job representing the City. She has no problem with Council Member Taylor attending the meetings. If she had not experienced UTOPIA, she would probably feel differently.

 

Council Member Winger said Rio Tinto has more money than the City, and they have a community interest in many cities. She commended Rio Tinto for supporting this. She said she supports the cleaning of the Provo River and the Great Salt Lake. She said water is their most critical issue. There are many other cities to the north that need to step up to the bat regarding the river. She said she cannot embrace this issue.

 

Council Member Taylor asked what if the citizens brought the $4,000 indicating that they want to be part of this. Would that change their mind? Council Member Winger said it is the ongoing costs and the escalating costs. She said it is the taxing entity and bonding area that is a concern to her.

 

Council Member Taylor said the Jordan River Commission already exists and their citizens will be participating in it. They will be receiving benefits from it. She said they can opt out without paying any fees, except the yearly fee. They can also opt out of the bond. City Attorney Wall said if they opt out after the bond is approved, they would have obligation for the bond for the life of the bond, unless something else is negotiated.

 

Council Member Taylor said historically, many groups have tried to do something to address the many issues involved with the river corridor. It is part of their healthy valley. It affects a lot of properties around the river, and corporations that have invested next to the river. She said this Commission is 2/3rds local official and the other 1/3 ex-officio members. For the first time, all these groups are collaborating. They have a chance to bring economic development and resources to the citizens.

 

Mayor Money said he agrees with what Council Member Taylor has said. He said there are places along the Jordan River that are a travesty. He said South Jordan has been responsible in development and preserving open space along the river. He said now the Commission wants South Jordan to fix everyone else’s mistakes. Council Member Taylor said the Commission is buying the properties that are blocking the trail for the citizens to go from lake to lake. She said they have a foundation and people that are donating money and federal grants. She reiterated the collaborative effort that is taking place. She said the cost will fluctuate from $4,000-$15,000 a year for about 12 years. She said that is because they might hire another person. She said that is a little cost for what the citizens would get. She said that is responsible. Mayor Money said the City has been responsible. Council Member Taylor said she watched a neighbor’s property wash away. She said the City may want some help with that liability. Mayor Money asked why is the river a City liability? City Attorney Wall said the bigger issue is not the legal liability, but to what extent that the residents would look to the City to fix a problem. He said he does not think there is a legal concern.

 

Council Member Taylor said even if they decide not to do this, she will be back with citizens that share this vision. She said they are not being responsible if they just wait and see.

 

Council Member Short included in his motion to revisit this issue next year as part of the budget discussion. Council Member Butters seconded the motion.

 

Council Member Taylor said she does not understand why she needs to be removed from the committee. Whatever she has done has been out of the respect from the members of the Commission because they know South Jordan is not a member.

 

Council Member Johnson said she does not think the document needs to state that Council Member Taylor be removed. She said it should only say that they have no intentions of being a member at this time and that they will revisit the issue in a year.

 

Council Member Short said by taking Council Member Taylor off the committee as a City Council member, she can go as a private citizen but not speak for the City Council. Council Member Taylor said she doesn’t. Council Member Taylor asked why would they not want updates on how the Commission is going? Council Member Short said they hear the issues one sided.

 

Mayor Money said there is no harm in Council Member Taylor attending those meetings. He said they are just putting the Jordan River Commission on notice that they are not going to become a member during this budget year. Stating any more than that, he is concerned that it will hurt them more than help them. He said they can review it for the budget next year.

 

Council Member Johnson made a substitute motion to put the Jordan River Commission on notice that they are not going to become a member during this budget year, and that they will review the issue again in the next budget year discussions. Council Member Short seconded the motion. The vote was unanimous in favor.

 

IX.       INFORMATIONAL ITEMS AND OTHER BUSINESS

 

A.        CALENDARING ITEMS

 

The City Council noted Country Fest one week from Saturday. Parks and Recreation Director Tingey gave a Country Fest update.

 

B.        COMMENTS FROM MAYOR AND MEMBERS OF THE CITY COUNCIL

 

Council Member Butters reminded the Council to go see the arts on display at the Gale Center. He also told the Council to review a Deseret News article, section C, that discusses a shift in city population and the economy of the citizens. He also noted that he rode the UTA Trax today and it was a smooth ride and the signals were working. Trax will be running full service on August 7th. He said there is a vacant home on the Southwest corner of 4000 West Helmsdale with a fence that was blown over in a recent windstorm.

 

Council Member Winger updated the Council on the recent graduations of Rosemond University and Neumont University

 

Council Member Winger noted some unsightly construction equipment being stored on 1300 West Shields Lane. Staff will follow up on the issue.

 

Council Member Taylor thanked the City for the CDBG funds to make improvements to the community center. She said it is being re-modeled, new computers have been purchased, and they are buying some exercise equipment. She said last year, the seniors served 8100 meals and gave 4904 rides to seniors to bring to activities. It was noted that the resurfacing of the parking lot has just been completed.

 

Council Member Short said he will be meeting with the Historical Committee on Thursday to discuss the White Fawn Flour Mill plaques.

 

C.           CITY MANAGER BUSINESS

 

None.

 

D.           NEW BUSINESS

 

None.

 

ADJOURNMENT

 

Council Member Winger made a motion to adjourn the City Council meeting and go into a closed meeting to discuss pending or reasonably imminent litigation and the deployment of security personnel, devices, or system. Council Member Short seconded the motion. The vote was unanimous in favor.

 

 

This is a true and correct copy of the June 7, 2011 City Council meeting minutes, which were approved on July 5, 2011.

South Jordan City Recorder