CITY OF SOUTH SALT LAKE

CITY COUNCIL MEETING

 

 

COUNCIL MEETING                                                Wednesday April 23, 2008

7:00 p.m.

 

CITY OFFICES                                                          220 East Morris Avenue

South Salt Lake, Utah 84115

 

PRESIDING                                                                Council Chair LeRoy Turner

CONDUCTING                                                          Council Member Shane Siwik

 

SERGEANT-AT-ARMS                                             Sgt. Gregg Carlson

SERIOUS MOMENT OF REFLECTION/                Council Chair LeRoy Turner

PLEDGE OF ALLEGIANCE

 

COUNCIL MEMBERS PRESENT:

Marilyn Brusch, Casey Fitts, Rea Goddard, Michael Rutter

LeRoy Turner, Shane Siwik and John Weaver

 

STAFF PRESENT:

            David Carlson, City Attorney

Larry Gardner, Director, Community/Economic Development

Craig D. Burton, City Recorder

Karen Rynearson, Deputy City Recorder

Bruce Shoemaker, Fire Marshal

 

STAFF EXCUSED:

Mayor Robert D. Gray

 

OTHERS PRESENT:

See Attached List

 

 

APPROVAL OF MINUTES

 

Council Member Fitts moved to approve the minutes of the Regular Council Meeting held March 12, 2008.

 

 

 

 

 

 

 

MOTION:                   Casey Fitts

SECOND:                   John Weaver

Voice Vote:

Brusch                          Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Abstain

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

Council Member Rutter abstained from voting because he did not attend the March 12, 2008 Regular Council Meeting

 

Council Member Fitts moved to approve the minutes of the Special Council Meeting held March 19, 2008.

 

MOTION:                   Casey Fitts

SECOND:                   John Weaver

Voice Vote:

Brusch                          Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Abstain

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

Council Member Rutter abstained from voting because he did not attend the March 19, 2008 Special Council Meeting

 

Council Member Brusch moved to approve the minutes of the Regular Council Meeting held March 26, 2008.

 

MOTION:                   Marilyn Brusch

SECOND:                   LeRoy Turner

Voice Vote:

Brusch                          Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Abstain

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

Council Member Rutter abstained from voting because he did not attend the March 26, 2008 Regular Council Meeting

 

 

Council Member Brusch moved to approve the minutes of the Regular Council Meeting held April 2, 2008.

 

MOTION:                   Marilyn Brusch

SECOND:                   LeRoy Turner

Voice Vote:

Brusch                          Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

 

NO ACTION COMMENTS

 

1. SCHEDULING.  The City Recorder informed those at the meeting of upcoming events, meetings, activities, etc.

 

2. MAYOR COMMENTS.  Mayor Gray was out of town. 

 

3. CITY COUNCIL COMMENTS.  Council Member Weaver said there has been a rumor and a perception that he wants to correct.  When we faced the crisis that faced the City several years ago in terms of employees not being compensated fairly, etc., some got the impression that with the tax increase there was some kind of guarantee for pay increases and cost-of-living for a period of three years.  That’s incorrect.  What we did was create a three-year window in which we, as a City, had an opportunity to grow out of basically what the Legislature did to us as a City.  We’ve made significant progress, but if any interested were willing to look at the minutes they would see that there was no specific commitment saying that employees would be compensated at that level, that they would get a step and a cost-of-living.  Frankly, if we’re not successful in hitting those targets of what we had hoped to do several years ago, then of course we’ll make adjustments, particularly given the current economic conditions and the forecast.  He thinks it would be entirely irresponsible of this body to pursue that kind of approach based on rumor and hearsay.  He wants to make sure our employees understand that.  We value our employees.  We assume that you do it out of a love for the job and a love for the community. Most people don’t go into policing for the money, or into the fire department or into any other public service.  We appreciate very much what you do and we’ll take as good of care as we are able.  But any sense of entitlement won’t get you very far.

 

Council Member Fitts went to a Central Valley Board meeting today.  The representative from Murray City brought a notice of a meeting being held on Thursday, May 15, in the Sandy City Hall in regards to Uniform Building Code Commission and a Rule Hearing.  The reason it is of interest is that currently the Plumbing Code for the State of Utah is uniform throughout the State.  The notion is that at this meeting there may be the possibility of municipalities having some authority to regulate high-efficiency type fixtures in new construction.  Murray City is very interested.  They are similar to us in having TOD-type zoning.  They call it MUD zoning (Mixed Use Development) that they are using around the TRAX.  Their anticipation is that they will be able to cut the sewer and water flow, particularly the sewer flow by about 30 percent if they are able to bring this on.  When we’ve talked about the needs that we have about improving infrastructure and some of the challenges we have, he thinks it is certainly something that we could communicate with the Mayor’s office to make sure we have some type of representation there that needs to come from the City Council.  He thinks it would be wise for us to at least be there to see what’s going on, that we might be able to have some input, because of the fact that it could have a significant benefit to the City if we could work on something like that.  It’s on May 15 from 9:00 a.m. to 1:00 p.m. at the Sandy City Hall.  Even from a cost perspective, having done an analysis working with representatives from Kohler and American Standard, that the increased costs per unit would be somewhere in the neighborhood of $300 to $600.  It’s not a huge cost that would be passed on to require these types of things to be put in place.  He thinks it would be wise to have someone there.

 

Council Member Brusch reported that the Madison Crossing Neighborhood is having a meeting on Tuesday, April 29, at 7:00 p.m. Room 106 at the Columbus Center.  Karen Larsen will be making the same presentation to the community that she made to the Council.  Council Member Brusch went out with her to do some inviting.  People seemed to be very encouraged by this meeting of the community. 

 

In the Council packet there was a note about the Blueprint Jordan River.  Workshops are going to be held the first two weeks in May with six different times to meet.  

 

Council Member Rutter remarked that the Blueprint Jordan River is important to all of us as citizens who want to know what’s going on with the Jordan River project, that’s something they can participate in.  It’s a good thing. 

 

Council Member Rutter thanked the employees of the City.  We are grateful for you.  The more he sits in his job, he sees their jobs and how important they are to make the City function.  Thank you for all that you do.

 

4. CITIZEN COMMENTS/QUESTIONS.  Elaine Jones, 3419 South 100 West.   Mrs. Jones read a letter from her daughter-in-law, Cindy Jones, pertaining to the Trophy Home matter on 1000 West.  A copy of that letter is attached to these minutes and incorporated by this reference. 

 

Mrs. Jones thanked the Council Members who came and looked the area over and have first-hand knowledge of what this area is, rather than a map which is not accurate.  The map shows the bar as condos, which it is not and will not be for some time.  When the developer made his plan, he submitted a very threatening letter.  Because she was vice-chair of the Jordan River Council, she received a copy of that which she shared with the neighbors who were upset about the threats made to them if they didn’t comply with what the developer wants.  Joe Salisbury came immediately and tried to soothe that situation.  He has continued to try to be a buffer between Mr. Pepperone and the neighbors.  Cindy Jones, George Hewitt and she tried to speak with Mr. Pepperone on two occasions.  Both times he ignored them and pulled a cell phone from his pocket and walked away.  How can you work with someone who won’t even discuss the matter with you?  At the Planning Commission meeting, Mike Florence stated Mr. Pepperone had given him a traffic report from 10th West.  Since he doesn’t live there and has not been there 24/7,  she doubts the accuracy of the report.  At the same meeting Mr. Pepperone stated his original plans for this development had both exits on 10th West.  If they put both on 10th, why can’t they put both on 9th where there’s a light. 

 

Mrs. Jones spoke with Steve Leeman in West Valley City.  He was in the office when the Colosimo development was on 12th West where the Jordan River Meat Plant used to be.  They had a deceleration lane into that development which is equally as big as the one Mr. Pepperone plans to build.  She asked Mr. Leeman what the study showed and he said the studies they had done since they put in the deceleration lane are very favorable.  It works well.  It does not interfere with any of the 33rd traffic.  That’s something we can do. 

 

Mrs. Jones has been in City Council meetings ever since they decided to change from Agriculture and then go to the Gateway Overlay.  They were told if they went for the Gateway it would protect the last of the green space, which is the last in the City.  Why now are we going to be encroached upon by a development we have no problem with?  Their only problem is with the access of 10th West.  It’s a bad area.  For the people who went down there and looked, they could see what would happen.  People come out of the bar and forget where they are.  They go to the end of the street and realize it’s a dead end and they come back down the street 80 miles an hour.  This happens a lot.  If we lose the green space, it’s gone forever.  They ask that the Council work to help preserve the area for the residents.  She thanked the Council for their time.

 

Jim Hewitt, 3340 South 1000 West.  He and his wife took a drive to Provo.  He looked at some of the condos that Trophy Homes has built.  They are very nice.  He is not proud of living in that area any more.  He is totally surrounded by renters.  They don’t even take their garbage cans in.  They don’t mow their lawns.  They don’t care; they’ve let the place go down.  They are nothing but slum lords.  If you try to run a decent home you can’t do it.  We need Trophy Homes to take the east side between 9th and 10th.  He is totally fed up with it.  The bar is no real piece of cake.  They live closer to it than anyone there.  They also happen to live in the Gateway.  They start at 3 or 4 o’clock in the afternoon loading up.  They leave at 2 o’clock in the morning.  Even with your windows down, you don’t get any more sleep.  Mr. Hewitt asked the Council to pass this.

 

 

 

 

 

 

ACTION ITEMS

 

CONSENT AGENDA

 

1. An Ordinance Amending the Zone Map District Designation from Residential

(R-1) District to (CC) Commercial Corridor at 2827 South State Street.  Council Member Fitts moved to adopt the Consent Agenda.

 

MOTION:                   Casey Fitts

SECOND:                   Michael Rutter

Roll Call Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

 

UNFINISHED COUNCIL BUSINESS

 

            NONE

 

 

The Council went to Item No. 3 on the New Council Business

 

 

NEW COUNCIL BUSINESS

 

3. Appointments by the Mayor.  Larry Gardner explained that Matthew Baker has resigned from the Planning Commission because he is moving to Kentucky to become a college professor.  The Mayor desires to make some adjustments on the Planning Commission.

 

Joshua Smith has been serving as an Alternate Member of the Planning Commission.  The Mayor wishes to appoint him as a full member of the Planning Commission.  The Mayor also wishes to appoint Sue Dickstein as an Alternate Member of the Planning Commission.

 

Council Member Rutter moved to suspend the rules so the Council can vote on this matter tonight.

 

 

 

 

MOTION:                   Michael Rutter

SECOND:                   LeRoy Turner

Voice Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

Council Member Rutter moved to approve the appointments by the Mayor to the Planning Commission.

 

MOTION:                   Michael Rutter

SECOND:                   John Weaver

Voice Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

 

PUBLIC HEARING – 7:30 p.m.

 

To receive public comment on the proposition to vacate the entire width of the alley adjacent to Lots 6 and 17 of the Benwood Subdivision for a distance of 49.5 feet from approximately the southern lot lines to the northern lot lines of lots 6 and 17. 

 

Larry Gardner advised this is a precarious situation with the Les Olson Company because state law requires that adjacent property owners to be noticed.  Since there are no adjacent property owners (this is in the middle of their property).  He does not think anyone is here for the public hearing.  Council Member Siwik asked if there was anyone present for this hearing besides those from Les Olson Company.  No one responded. 

 

Mr. Siwik began the proceedings for the hearing at 7:25 p.m.

 

Mr. Gardner continued that when this area was a residential area (Benwood Subdivision), they used to put alleys behind houses.  This area was turned into Commercial.  There was an alley that runs from 3300 South and continues on to 3200 South.  Les Olson Company in 1982 asked for a portion of the alley to be vacated so they could build their new office and warehouse operation.  The alley was partially vacated.  (Mr. Gardner showed on the screen how this had occurred.)  It should have gone the other 42 feet on both of them, but Mr. Gardner thinks the ordinance was typed incorrectly and recorded incorrectly.  The reason Les Olson is asking for this is because they want to transfer ownership to the third generation of the Olson family.   A Title Report was generated and stated there is still some public property in the middle of the Olson property that Les Olson Company is claiming, but which needs to be resolved.

 

Mr. Gardner has talked to the title agent and this is the only clean, legal way it can be done.  We can’t say to the County that this should have been done 26 years ago but it wasn’t.  We have to go through the process to vacate the 16 x 42 foot piece of property.  The Planning Commission unanimously recommended to do this. 

 

Council Member Siwik open the meeting for public comment at 7:30 p.m.  There were no public comments.  Council Member Siwik closed the public hearing at 7:30 p.m.

 

Council Member Fitts commented this is a housekeeping matter and not a change the Council is making.  It is cleaning up something that wasn’t done correctly and making sure it is done correctly.

 

Council Member Weaver moved to proceed with the vacation of the alleyway on behalf of Les Olson Company

 

MOTION:                   John Weaver

SECOND:                   LeRoy Turner

Roll Call Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

Council Member Weaver said to those involved with Les Olson Company that the Council appreciates their patience with these unforeseen things and hopes this has not been too much trouble for them.

 

The Council returned to Item No. 1 on New Council Business

 

NEW COUNCIL BUSINESS (continued)

 

1. Final Plat Subdivision Approval for Trophy Homes and DAI Development at 900 West 3300 South.  Larry Gardner advised that Trophy Homes and DAI have purchased or have under contract nearly all of the property between 900 and 1000 West from 3300 South to the County property line where the EOC is located.  This is in the Gateway West Overlay Zone that was adopted about three years ago and which has been modified a couple of times.  They have not purchased a piece of property that contains a single family home.  Staff does not see any reason why that can’t stay there.  There are some homes and buildings scattered on the approximately nine-acre piece of property.  The property is in the Agricultural Zone.  The Gateway West Overlay was put in over the top of the Agricultural Zone. Some 7.30 acres will be residential and a little over one acre will be commercial.  The Gateway West Overlay Master Plan states that “projects that enhance the perception of the city.”  He believes this one will.  Trophy Homes does nice work.  They are doing a large development between Midvale and Sandy on State Street.  They do a lot of work in Utah County.  The Plan says “moderately large-scale developments,” and as the ordinance requires they have to be a minimum of five acres.  The Plan discourages “retail only.”

 

Council Member Siwik asked about the one home that is not going to be a part of this development.  Mr. Gardner said he could annex into it.  He said they could do a development on that piece of property as long as they met the standards of the ordinance.  The ordinance is protecting having one person develop and then another one develop.  You want a majority of the property to develop, a minimum of five acres, so you wouldn’t have a hodgepodge-type development.

 

Mr. Gardner said the density is 20 units per acre, which is within the ordinance.  There are 108 stacked condos and 44 town homes.  There is access on 900 and 1000 West, but not on 3300 South.  There are 392 parking spaces, which is 2.50 per unit, which is within the ordinance, and 26 commercial spaces.  For all intents and purposes this project meets the ordinance and the Master Plan. The Planning Commission wanted more open area. Mr. Gardner pointed out the changes in the open area.  The Planning Commission wanted to see better facades on the rear of the commercial buildings so someone doesn’t have to look out of their window and see a plain block wall

 

There are two accesses on 900 West (one of them through the commercial area).  There is a light on 900 West. The Fire Marshal wanted to see an access on 1000 West.  Mr. Gardner has also discussed the matter with Dennis Pay, Public Works Director.  He wants the development to make use of the local roads.  He doesn’t feel that accessing 3300 South would be a good option for this project.  The traffic study given to the Council states that approximately 25 percent of the residents will use 1000 West, with 75 percent using 900 West. 

 

The deceleration lane that was talked about in West Valley was actually for the Colosimo Project.  That was not for 1300 West/3300 South.  Mr. Pay did not like putting in a deceleration lane on 3300 South.  He doesn’t like the access on 3300 South.  He felt that 1000 West and 900 West are what we should be using.  They do not need to have accesses on opposite ends, but it makes sense with a project this large to have accesses on one end or the other.  Mr. Shoemaker feels that the safety of the firemen is better if they can use this less traveled 1000 West.  The traffic study revealed there are only a little over 100 trips a day being made on the road now.  It is a 66-foot wide right-of-way, but only about 40 feet of it is being used.  Trophy Homes will put curb, gutter and sidewalk on the east side adjacent to their project.  That will be the only sidewalk until Valley Mental Health and the substation which we required sidewalk to be put in.  The EOC and the Youth Detention do not have sidewalk.

 

Council Member Rutter said he has been to the deceleration lane and likes it.  He asked if

some of the property west of 1000 West could be purchased for a deceleration lane into 1000 West going eastbound.  Mr. Gardner said you could condemn anything you want, but you have to pay for it.  He said he would not do that without a formal traffic study to see what the advantages are of expending a lot of money. 

 

Council Member Weaver commented that is a viable option in the event traffic is a problem with the development.  That would be entirely incumbent on the City to pursue and to install.  In terms of a traffic study, the reality is that if a qualified individual using standard practices produces a study, we can’t toss it out of the window and say we can do better.  If the study has been done and it verifies that the usage is within reasonable parameters, as a Council we are obligated to accept it as it’s written by a professional.  We can’t second guess a professional in their occupation.  He does like the option that if there are traffic concerns that is something we could pursue as a mitigation element.  It would not impact the development process.

 

Council Chair Turner asked Mr. Gardner if there is anything that would prevent us from putting a deceleration lane west of 1000 West if we decided later on that we needed it.  Mr. Gardner responded:  purchase of property and UDOT’s approval.  Mr. Gardner said the further west you go, the more that is needed.  This will have a lot of access to 900 West where that won’t be an option with anything west.  Mr. Gardner believes that the further west you go, the City should require access to 3300 South. 

 

Council Member Weaver said we talk about how this will affect the current residents.  The question that needs to be asked is how will it affect the future residents.  If he were moving in there he would prefer a 900 West and 1000 West option rather than a 3300 South option.  As it’s designed, it creates a buffer of some sort between 3300 South and my residence.

 

Council Member Fitts said he doesn’t know if this is the only green space we have left in the City, but it’s one of the few large portions that we have.  His opinion is, if you were to put a 3300 South entrance/exit that doesn’t encroach into the neighborhood, to influence what that will become through the General Plan.  He understands that 1000 West may be preferred for certain reasons, but if we were to close off 1000 West and have a 3300 South entrance/exit that portion that we have said for several months that we will decide what will be done with it during the General Plan, that doesn’t have a certain element that already dictates you’re going to have further traffic on this road.  It seems that gives us a better opportunity to plan to use that area as we see fit as a city, as opposed to saying, this development is going to have some determination as to what’s going to be on 1000 West.

 

 

 

Mr. Gardner responded that if 1000 West were a through street, that would make a lot of difference in what happens.  The Planning Commission wants to see the frontage of 3300 South developed and preserved as an agriculture area. 

 

Council Member Siwik remarked that they think by keeping 3300 South from being accessed, that it actually will preserve the back area.  Mr. Gardner said that a very limited number of trips are going to go from this development south because there’s no place to go.

 

Council Member Weaver said when we talk about green space, in his mind that’s public open space.  What we’re talking about here is private property that happens to be green.  The green space notion doesn’t make any sense to him in talking in terms of green space, because it’s not.  It’s private property, and in terms of preservation of private property, a private property owner can do whatever they will with their property.  They can entertain whatever offers come their way or refuse whatever offers come their way.  There are vehicles to preserve that open space in perpetuity if they want to, but that is nothing involving the City. 

 

Council Member Weaver remarked again that he is uncomfortable talking about it in terms of green space when that’s not what it is.  As far as he knows the City has never made any overture that the City wants to buy it for green space, nor has that offer ever been tendered.

 

In response to a question by Council Chair Turner, Fire Marshal Shoemaker advised there is some provision for internal circulation.  They have made sure they can swing their rigs around the corners.  If there were a second alarm, rigs would pile up on a street.  It makes sense to have two different ways in to get equipment in and get people out without a traffic jam.  He believes the public is best served by two independent accesses for the safety of everybody.  Mr. Shoemaker continued to make comments about access to and from 3300 South, but he could not be heard because he did not use a microphone.

 

There was discussion among the Council and Mr. Shoemaker about what the Fire Department would do under various scenarios if there were a fire.

 

Mr. Shoemaker advised that the fire hydrants have yet to be placed.  That will come later.

 

Mr. Gardner continued.  Right now 1100 West/3300 South is at a level of service B and it will remain at a level B – approximately a one second wait for cars to get in and out.  With 25 percent of the total volume, it will be an additional 200 trips per day on that street.  Right now there are about 117.  A street that size could handle 10,000 trips a day.  There’s not a lot of use on the street right now. 

 

The height of the buildings will be 36 feet, 11 inches.  Square footage is between 1300 and 1500, to 2000 square feet.  On 3300 South there will be a precast concrete wall and along 1000 West will be a wrought iron fence.  The front doors will look out on 1000 West with rear loading garages.  They are really making this inclusive into the 1000 West neighborhood.  He showed the front elevation of the town homes and an elevation of the commercial, basically the same as commercial all over the County.  He showed the façade the Planning Commission wants to see dressed up so the people having to look at it will have a nice view.  He showed a rendering of the clubhouse. 

 

Mr. Gardner thinks Trophy Homes has done an excellent job in designing this.  If this is passed, it will really dress up the 900 West/3300 South corner.  Bedrosian Tile (the old Sam’s Club) has done a phenomenal job with their building.  They have really dressed up the building and the Sheriff’s Office is a nice building also, along with the new fire station.  The 3300 South/900 West corner is really going to look attractive.   

 

Council Member Siwik asked Bill Pepperone what was the determination when he chose not to use 3300 South for access. 

 

Bill Pepperone:  Before answering questions he clarified an interpretation of what has happened.  It is not his understanding that he ever walked away from residents that he knew wanted to speak to him.  He would not do that, whether the residents are in opposition to development or supportive.  He would not have walked away and ignored them.  Residents have his business card and contact information.  He has been available for meetings with them.  He has never been asked to meet with the residents and then ignored that request.  He asked the Council if anyone had seen the “threatening” letter he sent.  He said it was an e-mail to Mike Florence, the City’s Planner.  He thought it was private correspondence.  What it said was, back when we were asking the Council to consider the change in height of these buildings, he said that an alternative is for Trophy Homes to build our two-story town homes, which we build all over the County.  They are front loaded.  They are two-story so they meet the existing code, but they are a front-loaded product and would have put 14, 16 or even 20 (he does  not remember) driveways out onto 1000 West.  It simply said that is an alternative that Trophy could do. 

 

A comment was made about two accesses to 1000 West – and if we could make two there why couldn’t we make two on 900 West.  The plan that has been changed to put in more green space is the ninth or tenth plan we’ve done for the property.  (As he was speaking, Mr. Pepperone was pointing to projected renderings of the project.)  Plans two and three always had one access to 900 West.  The reasons for the changes in access on 1000 West is early on we were told by the staff that Mr. Hewitt lived on 1000 West and is very active in the neighborhood, that he has taken great care of his property and has a lot of pride of ownership.  They warned us to be careful about how his property is buffered.  On one of the previous plans, one of the accesses was directly across the street from him.  When we heard that from staff, we got rid of the idea for two accesses and we moved the one access we have as close to the intersection as we could to minimize any chance of our traffic coming down and impacting Mr. Hewitt.  We have never had a plan with two accesses on 1000 West and none on 900 West. 

 

From day one their plan has included the bar parcel.  We have never tried to hide the fact that we will not be buying that property for two to three years.  He is a former city

 

planner and he thought the city would want to see how this is all going to fit together in the future, and that is what they’ve always offered. 

 

Mr. Pepperone explained that this property is extremely impacted by surrounding uses.  3300 South is a major impact on whatever property is along it.  How many people would like to buy a residence on 3300 South?  If this is approved by the City, there are 150 units we need to sell.  We feel like we need to buffer ourselves as best we can from that which is a large obstacle to buyers buying.  It’s important for us to buffer ourselves from that as much as possible – to put a six-foot precast wall there, to plant a very substantial tree line  to where when those trees grow in they will touch green-to-green, canopy-to-canopy and provide a very substantial buffer there.  Those are important features which will get the units sold.  If we have an access to 3300 South, it pulls the noise and impact of 3300 South right into our development.  If we have to invite 3300 South into our development, you have substantially handicapped Trophy Homes – even to the point he is not sure Trophy Homes would want to go forward with this.  In addition to overcoming the obstacle of the jail, we would take another look at whether or not we really want to go after this project.  

 

Mr. Pepperone gave the Council pictures of some of the existing homes on the street.

 

Mr. Pepperone said there were comments made at a Planning Commission meeting about the people at Valley Mental Health needing to walk up and down the street.  We should take that into consideration.  Right now, anyone walking up and down 1000 West is walking in the roadway – there is no curb, gutter or sidewalk.  There is 520 feet of frontage on this road.  They will be building a park strip with trees and then a sidewalk which separates people from a travel lane of traffic and which will give them some safe mechanism to get at least from their sidewalk to our sidewalk.  He does not believe that people coming from the Trophy Home intersection will be hazardous to pedestrians because there will be a gate there for residents to come through. 

 

Council Member Rutter asked if there would be parallel parking on 1000 West.  Mr. Pepperone said it would be a public street and unless the City red stripes it, there would be parking.  He doesn’t think that’s very functional.  They have been envisioning a six-foot wrought iron fence with pilasters every 30 to 40 feet.  We don’t want to cut off the view of that front elevation.  They want it to be visible from the street.  He thinks parking there would be discouraged just because of the fencing.

 

In talking with the residents and listening to their comments for several months, it is Mr. Pepperone’s feeling that the residents have become used to fighting access onto 1000 West.  They didn’t want it for the EOC or the facility south of that, but those aren’t residential uses.  If you had access from those uses onto 1000 West, the traffic would come by existing residences to get to 3300 South.  Those are not the situations with this piece of property.  This is a residential use with access onto a residential street.  We have been careful not to have our residents driving past existing residences out there.  We have been design-sensitive and tried to make this as friendly to the neighborhood as we can.

 

The Planning Commission recommendation to move a building was a great idea.  By moving the drive aisle and moving parking, they picked up 20 feet more of open space between two buildings.  That change was made within 48 hours of the Commission’s recommendation.  DAI has agreed to address their concern about the back elevation of their buildings.

 

Jay Nelson, with DMJM Harris.   He prepared the traffic study for this.  He has completed over 200 traffic studies and they work with UDOT all the time on access issues.  He concurs with the City’s recommendations.  It makes more sense to have access to 1000 West and 900 West, with no access directly to 3300 South.  He sat out there on a Friday night a couple of weeks ago from 4:00 p.m. to 10:00 p.m. and counted every car that was on 1000 West.  There were not very many of them.  Most of the cars there during the time period he counted was bar traffic, which will go away when this project is built.  During the busiest hour between 4:00 and 6:00 p.m. there were 2,600 cars on 3300 South.  During that same time period there were about 10 cars on 1000 West. 

 

He understands the residents’ concerns – nobody wants more traffic by their house.  But a local street can accommodate 10,000 cars a day.  Right now there are about 100 cars a day on that street.  Most of the traffic from this development will come onto 900 West because there is a traffic signal if they want to turn left onto a very busy street.  Motorists are always going to go the easiest way they can get to their destination. 

 

They did a level of service analysis during the busiest time of the day – the busiest hour between 4:00 and 6:00 p.m. – and it showed there’s no delay to traffic on 3300 South because they never have to stop.  But the cars that are at the stop sign - those five or six cars that we counted in an hour – have to wait from one or two seconds up to 30 seconds.  But the average car at the busiest hour waited about 15 seconds.  When you add 25 percent of the traffic from this project, it will increase about one second.  We don’t see any negative traffic impacts associated with this project.

 

Council Member Weaver recommended that the Council adhere to normal protocol of New Council Business and table this matter until the next meeting to give everybody involved an opportunity to digest the information received.  If there are new concerns or additional information, it provides an opportunity for that.  He doesn’t see anything at this point that would preclude this from going forward.

 

Council Member Fitts moved to place the final plat subdivision approval for Trophy Homes and DAI Development on Unfinished Council Business for the next regular Council Meeting scheduled for May 14.

 

 

 

 

 

 

MOTION:                   Casey Fitts

SECOND:                   John Weaver

Voice Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

2. An Ordinance of the City of South Salt Lake City Council Making Certain Clarifying Amendments to Title 3, Chapter 12 of the City of South Salt Lake Municipal Code Regarding the Purchasing and Procurement Policy.  City Attorney, David Carlson, advised this is still a work in progress, with at least one more change that needs to be made before staff believes it’s ready to go.

 

In this revision of the Purchasing Ordinance we’ve cleaned it up a little.  When this was first adopted, it must have been borrowed from some other source and we cleaned that up.  It’s been about 10 years since the ordinance was updated so we’ve increased spending limits to make it more in terms of modern standards.  In the past the purchasing policy was ambiguous in terms of what the proper procedure was when the City was to bid a Public Works or a building project, and those are some of the biggest purchases by the City.  Both of those items are specifically addressed to State law. 

 

The Purchasing Manual is a step-by-step direction for City staff to make sure they make purchases in line with the ordinance.  The Council does not need to take action on that.  It can be amended and changed by the Mayor.  It’s included so you would know it exists. 

 

We will bring the ordinance back when it is in final form.  We still need to add in the preference for local vendors that the Council recently enacted and to add when it’s appropriate to do a request for proposal, which the Council added to the purchasing code recently.  There is a section on ethics but it omits the most important things about municipal ethics which is the State law that governs what happens when an elected official, appointed official or an employee of the City has a relative that works for a vendor that the City is doing business with. 

 

A big temptation for government offices is to do “split contracts” to avoid the bidding requirement.  If you’re required to put it out for bid at $5,000, then they’ll try to split a $20,000 contract into four $4,999 contracts and that’s illegal.  We need to have a provision in the Purchasing Manual that explains that.

 

Council Member Weaver moved table the ordinance regarding the City’s purchasing and procurement policy until staff has an opportunity to complete the necessary changes.

 

 

MOTION:                   John Weaver

SECOND:                   LeRoy Turner

Voice Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

 

Council Member Fitts moved to adjourn.

 

MOTION:                   Casey Fitts

SECOND:                   John Weaver

Voice Vote:

Brusch              Aye

Fitts                              Aye

Goddard                      Aye

Rutter                           Aye

Siwik                            Aye

Turner                          Aye

Weaver                        Aye

 

 

Council meeting adjourned at 8:15 p.m.

 

 

 

 

                                                                        ____________________________________

                                                                        LeRoy R. Turner, Council Chair

 

 

 

 

_____________________________________

Craig D. Burton, City Recorder