SOUTH JORDAN CITY

“COMBINED MEETING” OF THE CITY COUNCIL

AND REDEVELOPMENT AGENCY

September 6, 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 Laurie Johnson, ACM Gary Whatcott, City Attorney Rob Wall, Police Chief Lindsay Shepherd, Information and Records Director Jon Day, City Council Secretary MaryAnn Dean

Others:          Paul Jencks, Stephanie Jencks, Peter Stevens, Lorene Thompson, Marlene Luna, Jody Stubler, Scott Fulwider, Marne Ruesch, Suzanne Eddington, Steven and Melissa Gerber, Linda Alleman, David Alleman, Davey Alleman, Allyson Davis, Julie Davis, Chuck Newton, Steve Barnes, Jim Wright, Logan Snedaker, Thomas Holbrook, Donna Holt

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

Alex Lopez, scout, led the audience in the Pledge of Allegiance.

C.        Motion to Approve Amended Agenda Items, If Any

None.

D.        Minute Approval

1.         August 16, 2011

Council Member Butters made a motion to approve the August 16, 2011 City Council minutes, as printed. Council Member Taylor seconded the motion. The vote was unanimous in favor.

II.         AWARDS, PRESENTATIONS

A.        Youth Council Oaths of Office (Group 1 of 2)

Mayor Money said they rely heavily on the Youth Council for many service projects for the City. They are proud of what the Youth Council does. He congratulated all of the youth for their desire to participate on the Youth Council. The adult leaders that assist the youth council were also recognized.

Council Member Winger said there are 65 new members this year. She noted Constitution Day that will be held September 29th at Bingham High School. She gave the details of Constitution Day.

The Youth Council members were sworn in by City Recorder Anna West.

B. South Jordan Police Department K-9 Presentation

Craig Phillips, Silver Mesa Scout District, read a statement honoring and thanking the South Jordan Police Department K-9 unit. More than one scout left their activity wanting to pursue a career in law enforcement. They presented Police Chief  Shepherd a gift for a job well done and for their appreciation for the police department’s dedication to and protection of the public. The K-9 officers were introduced.

C.        South Jordan Police Department Awards – By Lieutenant Matt Evans

Mayor Money said they are proud of the police officers and the work that they do. He said they have awards to present to some of them for outstanding achievement.

Lieutenant Evans recognized Steven Gerber who was shot in the line of duty in August 2010. It has been a long road to recovery. He received the purple heart medal.

Lieutenant Evans recognized Detective Scott Russell who saved an individuals life. He received the life saving award.

Lieutenant Evans recognized officers Kobayashi, Nguyen, and Hill. They received the Officer’s Star for performing an act of great courage. Officer Hill is deployed with the military. His award was given to his wife.

Lieutenant Evans reviewed an incident and presented Officer Pennington with the Officer’s Star.

Police Chief Shepherd said these are a few examples of what the officers are up against every day. They put their life on the line. They have great support from their families. They are well trained, and the city is proud of what they do.

Mayor Money expressed appreciation for their work.

C. Council Member Leona Winger Discussions:

1. Recognition of Dr. David S. Alleman, DDS

Council Member Winger introduced and recognized Dr. David Alleman, who is a gifted dentist. He has trained many dentists around the US. She expressed appreciation to Dr. Alleman (Attachment A). She also recognized his wife and son.

2.   Recognition of Dr. Richard Buchanan, DMD (Dean of the College of Dental Medicine for Roseman University of Health Sciences).

Council Member Winger introduced and recognized Dr. Richard Buchanan (Attachment B). She noted that the grand opening of the College of Dental medicine will be October 27, 2011.

Richard Buchanan said they are delighted to be new part of this community. He said they have received their accreditation. Their building is almost open. He recognized the faculty members that were present. He said there is no great city without a great university. He said they aspire to join the great universities in the state. He said they look forward to future opportunities.

Mayor Money said he has been impressed with what has transpired with this University. He read the proclamation honoring Roseman University that will be approved later this evening.

Council Member Taylor said the City Council owes appreciation to Council Member Winger for her work on Roseman University’s board.

The head of the nursing program was also recognized. That program also received their accreditation.

Mayor Money agreed that every great city has a great university. They intend to be that City. They are grateful that Roseman University has made their home in South Jordan.

III.        CITIZEN COMMENT

Peter Stevens, 11079 S. Cadbury Dr., explained that Sterling Village is draining water onto some of the properties along Cadbury Drive. So far, four families have been adversely affected. They have had standing water for 5 weeks. Sterling Village was ignoring the situation. They are now acknowledging the situation. He met with City staff this afternoon. He said the City admitted that they did not pay attention to grading plans because it was done on private property. He said if the water run off is not handled, they are going to have a problem. He recommended a moratorium on building permits. He said he believes they can resolve the grading problem quickly.

Mr. Stevens said he is happy with the recent progress, but they don’t want the momentum stopped. He said his neighbor has been out of their house for 6 weeks. There needs to be cooperation with the City, HOA, and the apartments.

CM Geilmann said they will continue to work with the residents to get the issue taken care of.

Mr. Stevens said the emergency road has created a burden. It is being used for more than just emergencies. He said he also wants building inspectors to heighten scrutiny on their inspections.

Jake Peterson, 11053 S. Cadbury Dr., said his home was built 5 years ago. In the past year, the soil around the exterior of the home has sunk 6 inches. Two homes next to him have had flooded basements. He said he has halted his plans to finish the basement because he is concerned it will flood. He said currently, 50 percent of his yard is unusable. He said he appreciates help from the City.

Jody Stubler, 9747 Iron Gate Rd., (3240 W.), said her home backs up to 3200 West. When they moved to South Jordan, their road was not a collector street. Until a few years ago, they felt safe in their yard and were not bothered by the iron railing installed by the City. She said three years ago, a man tried to accost her grandchildren. Little kids can fit through the wrought iron fence. After that, she put up a vinyl fence behind the wrought iron fence. Several months ago, she received a letter from the City stating that the fence was out of compliance. She said there are a lot of inconsistencies in the City Ordinance. She said there is vinyl fencing along 3200 West, some built after hers was installed. The vinyl fencing has not lowered the property values in the area. There is no uniformity with the stone fencing; it is all different colors. Many people can’t afford stone fencing. Some people have mesh installed in their wrought iron fences. She is concerned that the citizens committee that looked into this was picked by the City Council; she is concerned that their views will be skewed. The committee needs to look at everyone’s interests.

Mayor Money said in any case, it would be the homeowner’s responsibility to maintain the fence.

CM Geilmann said the letters were sent to the residents prior to the citizens committee being formed. There is no enforcement being done on the fences at this time. The City Council has received the report from the citizens committee. The next step is to draft an Ordinance and hold public hearings at the Planning Commission and City Council level to adopt the committee’s recommendations. It was suggested that Mrs. Stubler read the committee’s recommendations.

Ryan Holt, 1237 Jordan River Dr., said they are having complaints from delivery truck drivers getting stuck on Mabey Lane because of the encroachment of the vegetation on the road. He said he wants to know who is responsible to maintain the road.

City Attorney Wall noted a condemnation that just took place on that land. He said it is not the City’s legal responsibility.

Mayor Money said for future development, something has to be done with that road. City Engineer Klavano said the plan is to pave 24 ft. of asphalt next year. The trees are outside of the right of way, but they cannot inhibit traffic. City Attorney Wall indicated that there is a difference in road maintenance for a dirt road versus a paved road. CM Geilmann said after the road is paved, they will not let traffic be inhibited. If the City has to clip the trees, they will do that.

Mr. Holt said he trimmed the trees for this summer, but if they get a snow storm in October before the leaves have fallen, it will create a problem.

City Attorney Wall said in most subdivision streets, trees overhang. There is no legal obligation. It is usually the responsibility of the property owner to maintain the property.

Mr. Holt noted that they have had problems all summer getting the weeds taken care of in Hidden Village. The City Council discussed the weed problem in Hidden Village. Council Member Winger said it is a fire hazard. It was noted that staff cleared the weeds. They are not finished yet. They will be billing the property owner. The same property owner owns property off 1000 West 10400 South and weeds are an issue there as well. Mr. Holt said there has been an old truck parked on the Hidden Village property since they abandoned construction 3-4 years ago.

Council Member Winger said Bob and Carma Bailey have said that kids have been racing around Aunt Mame’s property. They are concerned about the interest of Aunt Mame’s property as well. She paid tribute to the Bailey’s.

Phyllis Kunkle, Cadbury Dr., said she has been out of her house for 6 weeks because of the water on her property. There are sink holes. They have had to rip up all sod and landscaping on the property. Her basement has flooded. She has spent a lot of money getting the hill landscaped. The water is eroding the neighbor’s property. She is wondering how much money she will have to spend before the issue is fixed?

CM Geilmann said this project would be a humanitarian effort on behalf of the City. Staff is looking at a drainage easement and they are looking to see if there are ground water issues. Council Member Winger said she is confident that staff can resolve the issue.

Thomas Holbrook, 9557 S. Sweet Blossom Dr., (2880 W.), said he previously came before the City Council regarding a UTA issue. He said with the elimination of route 327, they did give them a shuttle to the trax station. The problem is that the shuttle runs at 5:30 a.m., 6 a.m., 6:30 p.m., and 7:00 p.m. Everyone that was riding route 327 has found other ways to get to the train. He said he has no other way. Currently, the shuttle bus is running just for him and he is concerned that it will be cancelled because of poor ridership.

Mayor Money said staff will talk to UTA. Mr. Holbrook noted that route 327 had 7 morning runs and 7 evening runs. It was an express bus and was basically door to door service for him. It took him 40 minutes to get downtown. Now he has to wait for transfers in the weather and it is a 1 hr. 5 minute trip each way. He wonders why would they take something away that works and replace it with something that is not as efficient?

Mayor Money said one reason is because there is no pollution with trax. It is also cost effective. Council Member Winger said there will be other areas in the city where shuttle service is needed. Mayor Money said if the residents don’t use the shuttles, the routes will be cancelled. Mr. Holbrook said he knows about 12 people that have purchased cars to get to the trax station.

Mark Nelson, l1177 Cadbury Dr., said Council Member Taylor and ACM Whatcott have been great to help with the issues created with the emergency road that was installed next to his property. They have had problems with 50 plus people using the road to go to the Jordan River Parkway. They used his garbage cans and his hose to get drinks. There were always strangers in his yard. He does not want the road opened up, even for pedestrian traffic.

Mayor Money said if the City purchased the property for emergency access, they have a responsibility to use it only for emergencies. CM Geilmann concurred.

Mr. Nelson said the pedestrian traffic is also cutting through Aspen Peak, and one of the homes was burglarized. It was noted that when the property surrounding Mr. Nelson is developed, it will alleviate the problem. Mr. Nelson noted that the City has quality employees working for them.

IV.       SUMMARY ACTION CALENDAR

A.        Proclamation in Recognition of Dr. Richard Buchanan, DMD (Dean of the College of Dental Medicine for Roseman University of Health Sciences)

B.        Re-Appointment of Amanda Cordova to the PACDB for another Two Year Term) By Community Services Director, Don Tingey)

Council Member Winger made a motion to approve the Summary Action Calendar. Council Member Taylor seconded the motion. The vote was unanimous in favor.

V.        SUMMARY ACTION ITEMS HELD OVER

None.

VI.       PUBLIC HEARINGS AND POTENTIAL LEGISLATIVE ACTION ITEMS

None.

ADJOURN CITY COUNCIL AND MOVE TO REDEVELOPMENT AGENGY

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

A.1.     RDA Resolution RDA 2011-04,  Redevelopment Agency Resolution Amending the Borders of RDA Project Area #5.

City Commerce Director Preece reviewed the background information for item A.1. and B.1. and noted how the boundaries would be realigned.

A.2.     Potential Action Item – (See VI. A.1.) RDA 2011-04

Action taken with item B.2.

B.1.     RDA Resolution RDA 2011-05, Redevelopment Agency Resolution Amending the Borders of EDA Project Area #7.

This item was discussed in conjunction with item A.1.

            B.2.     Potential Action Item – (See VI. B.1.)

Board Member Winger made a motion to approve Resolution RDA 2011-04 and Resolution RDA 2011-05. Board Member Taylor seconded the motion. Roll call vote. The vote was unanimous in favor.

ADJOURN REDEVELOPMENT AND RETURN TO CITY COUNCIL

Board Member Winger made a motion to adjourn the RDA meeting and go back into the City Council meeting. Board Member Butters seconded the motion. The vote was unanimous in favor.

VII.      PUBLIC HEARINGS AND POTENTIAL ADMINISTRATIVE ACTION ITEMS

None.

VIII.     OTHER BUSINESS

None.

IX.       INFORMATIONAL ITEMS AND OTHER BUSINESS

A.        CALENDARING ITEMS

Council Member Taylor noted the Chamber of Commerce is sponsoring the Meet The Candidates night to be held Thursday, September 8^th from 5:00-7:30 p.m. at the Community Center.

B.        COMMENTS FROM MAYOR AND MEMBERS OF THE CITY COUNCIL  

Council Member Taylor said in the river area, there has been trouble with pear trees dying. She asked if the City’s arborist can look into the issue. CM Geilmann said yes. It was noted that the problem is throughout the City. There is also a bug that has invaded the pine trees. Council Member Taylor said if they find something, it would be helpful to notify the residents or put information on the City’s website.

Council Member Taylor said the speed monitor next to the fish ponds is not working. A resident has asked for the police to monitor the area.

C.        CITY MANAGER BUSINESS

City Attorney Wall said they will have the final description and estimated costs for the gate in the Holland Park development in the next week. The petition will be available for the residents in King Benjamin Court and they will give them 2-3 weeks to collect the needed signatures. If they receive the required signatures, the City will start the process of creating the special service district and they will assess a fee for each homeowner for the capital improvements of the gate and they will establish a fee for ongoing maintenance costs. He noted that it was a condition in the motion of approval for the development to put the maintenance assessment on the new homeowners, as well as the residents of King Benjamin Court. Mayor Money said the developer has to agree that the homebuyers will understand that they have the additional assessment. It must also be clearly stated on the petition for King Benjamin Court what all of the costs and conditions will be. It must also be clear that if people don’t pay their fees, it will eliminate the special service district.

Council Member Winger said she is concerned that this will be difficult for the new homeowners. Council Member Butters said it should be recorded so every property owner is aware that they are buying into an SID. Mayor Money said it will be the same issue as Glenmoor regarding the maintenance fee. People don’t understand the annual fee.

City Attorney Wall said the City will do an inner account loan to front the construction money. Mayor Money said if the residents don’t pay, who ends up with the loss? City Attorney Wall said they can put a lien on the property of the residents who don’t pay the fees. It is similar to a property tax lien. Mayor Money said the residents have to understand that. They have to understand totally what they are voting for and what the petition is all about.

Council Member Johnson asked if they could send a certified letter to the residents prior to the petition going around explaining all of the conditions.

City Attorney Wall said the process for creating the SID is to send out a notice by certified mail. In that notice will be the information discussed. If the SID is created, a second notice would go out to the residents. Regarding the new subdivision owners, the only way to notify them is to record a note on the plat. The City Council expressed concern that those residents would not discover the note until the closing on their property.

The City Council discussed scenarios whereby this issue could be brought back to the City Council. It was noted that the development agreement is not held up by the SID. Mayor Money said they required a super majority of the King Benjamin Court residents to approve the SID. If they understand the full ramifications, they may have a hard time getting approval from the super majority.

CM Geilmann said the City Council/Leadership staff’s Christmas social is December 15^th. It will be pot luck. More information will come.

CM Geilmann said they recently completed the security system in the City to get in and out of the building. He explained how to use the key cards and said old keys should be returned.

ADJOURNMENT

Council Member Winger made a motion to adjourn. Council Member Short seconded the motion. The vote was unanimous in favor.

The September 6, 2011 City Council meeting adjourned at 8:51 p.m.

This is a true and correct copy of the September 6, 2011 City Council meeting minutes, which were approved on September 20, 2011.

South Jordan City Recorder