City Council - Regular Meeting

Welcome everyone to what will be Marcio Badri's last last meeting.

In my world, but not

Definitely, her last last study session has a participant. She might come to hang or harang us later on. Yeah.

But I think she'll have to be really bored with

She's gonna come attend the parks and trails meetings.

Alright. We don't have the need for a closed meeting, so we're gonna skip that. The next item is the new the city yeah. City a discussion on the city newsletter, survey results. Linda and Alex, go ahead.

Too. Yeah. So this is a follow-up to our discussion about the the idea of going away from a printed mailed to everyone newsletter, that survey. Got a little handout for you guys. Just kind of a little bit more additional information that we'll cover.

Combined between so the three options we gave were primarily online with limited printing, the copies at the library, senior center, and city hall as we do currently, Online only or printed and mailed, just continuing what we've been doing. Over 70% suggested that they like the idea of primarily online or online only. A lot of the online only people did also express support, though, for this what we call the hybrid option printed and and and distributed digitally. So if we were to go this route, Linda has talked to is it is it with Selby County? Yeah.

The biggest concern was going any kind of digital route with those who aren't able to access online or uncomfortable with it. So in addition to providing printed copies at specific locations, we've arranged with Mills on Wills can deliver to homebound residents that are unable unable otherwise to get out. So this twenty eight percent, these were the ones who thought we should just go completely online. Again, though, they did they they like the cost of the idea of environmental benefits and cost savings, but acknowledge that it's probably beneficial for people to be able to access it in certain locations. So they would find, like I mentioned, with the hybrid model.

And then we have about 27% that wanna keep it digital distribution, but being accessible to those who still wanna print copy or who otherwise are uncomfortable using the account.

Any questions? So they

can go and get a copy of the newsletter at one of those locations. Right. They'll have to check it out.

No. No. It would be

yeah. Yeah. The library is not asking for it. So

but you'd send it out with your usual text and

email updates. Yeah. We put it out through Don't Fight Draper. We put it on the website and then do more of a distribution through social media as well.

We've gotta be

I

like the hybrid option. I think that, you know, we'll and if we can change it, we might be able to find, well, this is where the people really need it Yeah. Physically. And so that's easy to change, you know, based on where the need is.

Yeah. So You wouldn't wanna get it out too far that you ended up going back to

But I think if there's a way where they they can reference it, then they can access it, not necessarily in via the email. But they oh, yeah. That's right. I should go look at it, and then they can pull it up on our website.

Can you measure the open rate? Do we have to figure out how many people open it?

We don't have that ability.

It'd be really nice if there's a way to then you have an idea how many people

are really going in.

So does this include then the increase that they just mentioned?

This That's current. Yeah.

From 2021 to 2020. And then we

know it's also gonna increase in 2026.

Yeah. That's not all just postage, though. It's also the printing cost.

Printing and postage. Right?

I think one thing that we've really gotten better I'm not gonna open the digital one. I

don't know. The the promote it through the link and stuff. Mailing, like, that's included in the bill so we're we're not adding anymore postage that could be just like a little synopsis of what the digital one is, and we still do the nice digital one. And that one can direct you if you wanna see more or whatever to the website. I don't know.

A

lot. It's just there's something really special about hitting all of our residents. We don't really do that in another manner.

So what if we went quarterly instead of every other month? Did four a year. That would be fine.

I just see a

We gotta keep it from Marsha and Fred. What's your book?

I think we keep it for right now. That's

a two, Sasha.

I will keep it or have some compromise. Like, it's a hybrid.

Do I need to get on the cell phone to

mister Green? I think you've

got three. That's three. K. Next item. I appreciate the cost money. Yes. No.

Just won't open it. People are so busy. They don't

So can I put this in another perspective? There's what? 55,000 residents? They're talking a dollar a year Yeah. Yeah. Per resident. And

it makes us different. You know? It's everything's going digital, and we're really trying to get people to come on board with us to buy into what we're doing.

Okay. Next item I think it's worth a dollar. Is the discussion on the Timini Road sidewalk and trees. Know, mister Cooley, mister Mark. So

you guys recall, you know, we have our safe sidewalk program. The insurance requirement, we have to inspect an entire 20% of the city every year to keep our liability down associated with moving accidents with raised sidewalks well. We had an approach that worked for three years where we marked trees that needed to be removed. And we came across a neighborhood where they had a lot of trees, and it was gonna change what the neighborhood looked and felt like. But we have to remember our main goal is to lower our liability. So Tracy, Scott, myself, Mike, we've worked on this for a while. We visited

with an urban arborist.

He gave us some recommendations, and we asked what some other cities are doing. And so we'd like to adopt a process where we will still identify the trees in the same manner that we have been. And that being if there's a history of the tree causing the sidewalk to be displaced, like, we we know we've ground it in the past when we replaced it, then that tree needs to come out, and that's what we recommend. Or if it's lifting the sidewalk well, like in the case of this Timini neighborhood, we haven't been in there and replaced anything, but there's a lot of trees lifting sidewalks. So the other thing that we would use as determining the tree need to be removed is the diameter of the tree trunk in inches is wider than the park strip in feet.

So in Timminy, we've got trees that are 18 inches across in the five foot park strip. Those trees would get marks together. At that point If they're causing a displacement. Correct. Not just to Not just ripping out the trees. Only if it's causing a need for us to have to use our finances to replace to remove remove that liability. So at that point, we would mark the tree. This

is a proposal.

And then we would reach out to

the resident, let them know

their tree had been marked for removal, inform them that we will remove the tree with our contractor at our expense this time. However, you have the option to keep this tree, but we have this new proposed waiver of liability that we would give to the resident. It basically says they acknowledge that moving forward, any expenses associated with the tree, if it dies because we cut the roots, if

it falls over and

becomes a hazard, if it hits a car when it falls over or it hurts someone, or it damages the sidewalk, they will be liable for those expenses moving forward if they choose to keep the tree property. So if the person moves, the next person, they would have to know that the house they're buying has some

trees that they're responsible for.

And I think this really pushes the liability on you know, we can't absorb the expense citywide for one neighborhood to keep the trees they want, and we have to keep going year after year and remove the sidewalk and replace it. So that that's our proposed approach. We're just looking for you guys to vote on whether or not you like something like this, this idea. You give them the option to keep it, but it means

they assume the risk moving forward.

So can you give me your rule of thumb again if it's 18? Like So I The inches of the of the diameter of the tree needs to be smaller than the So

if it's a five inch if it's a five foot park strip, it

can only be Five to five It's any bigger than that. And that would go that coincide with our but that would coincide with our our street tree. But that's With our current street tree requirements, that would that would meet that. Right? I mean, we still these are we don't we don't even require trees in

five foot or less park

strips anymore. Five foot or less, we can't require.

Exactly. So they're just the wrong trees for that for that

What is the width of that park strip up there? Five foot.

And you have sycamores that are fifteen, eighteen, or big. Yeah.

It's important

to note that this isn't just a policy for that neighborhood. This is

This would be one of the

entire city. Was. So in case we run into a similar situation, this would be how

we were capturing. Zone 3 a year ago, we came across some sycamores on 1840 East. We had already replaced brown sidewalk in the past. We let them know the trees needed to be removed. We we don't run into this that often. I mean, like I've said, we've done we've done 60% of the city have not run into this issue where we've been removing trees that need to be most people go, you're gonna remove the tree for free?

I don't have to pay 5 to $8 to remove

these big trees. Well, those people didn't want us to remove the tree. They argue with us. We cut the roof. It fell over, like, two weeks later. And then we were responsible for. People wanna keep the tree. We just need to pass that liability on. Because we have to remember the the liability and the job of the city is to reduce

the okay. So you're saying accidents caused by a cyclone. Let me make sure

I got a couple of questions.

So you're telling me that if your lot that goes out to the road, any tree within the envelope of the lot is the tree you'd be agreeing to take over and be responsible for. Also responsible for the sidewalk?

Yeah. That was my question. Would they then have to pay to shave down the sidewalk? The owner of the tree. Okay.

Because they're If they only keep the tree, it's lifting the sidewalk. Keeps It's causing damage to our right

of way. So we cannot I mean, just correct. Trees that are in our right of way. We're not gonna tell somebody our current code says if a tree in their private property on the back of the sidewalk is causing damage, they have to remove that tree at their expense. That's our current code. Haven't come across that very much, and I we will in this zone.

But you're grinding the sidewalk first.

Not necessarily. Like, in this Timini neighborhood where it's Yeah.

I've never Some of them

are raised like that. That that

needs K.

So we're gonna give them the option. You can get rid of your trees, and we'll fix the sidewalk. Or you keep your trees and your sidewalk. When someone trips, you get paid Well, no. No.

No. We will we will cut the roots on it. People say they wanna keep their tree. We will cut the roots down, replace the sidewalk, but anything damage, failure, death by the tree, or future damage to the sidewalk from that tree that's been signed with this, they would be responsible for the expense.

See, this could impact where I live. Mhmm. Old English Road and Rumsfield. You know, we've had to cities had to shave off a lot of the the sidewalk there with those trees. I don't

know how. We went through the neighborhood last year, and we didn't have to do what we march out

and see. I don't think any tree's ever been marked

to be really

Are you telling me that the city can can release its liability through personal liability on a public infrastructure sidewalk to some resident. We can take it on, and they can say, yeah. We wanna be responsible. We want this tree. We want the sidewalk pitched. We want some neighbor to trip on it.

It it's not the sidewalk. It's just the tree. So it's we have the obligation to fix the sidewalk,

right, regardless. We need to

make sure that it's safe.

The way we're gonna fix the sidewalk is we're gonna cut the roof. Cut the roof. So it doesn't bother

our sidewalk again. Exactly. If it does, after they indicate they wanna keep the trees, say, five years from now, and it shows that we have to come back and replace that sidewalk or do it, they would be responsible for the expense of that.

Are they responsible if someone trips before we get to

Yes. According to this.

Before we get to replacing the sidewalk?

Let's say we do 20% of the city a year. Mhmm. But Okay. We we go through Timoney, cut some roots, whatever, and then it comes back. But we don't get back through there till two years from now. If someone trips and breaks their neck for a good $100,000 slip and fall claim On

the sidewalk. On the sidewalk. It's buckled again?

Right. Yeah. Are we getting out of it then?

You know, I don't think we would get out

of it if the sidewalk's buckled at that point. Think we could bring in that homeowner, but the the sidewalk itself is our property.

So let's say we repair the sidewalk.

Sidewalk's fixed. We cut the roots.

They wanna keep the tree. We repair the sidewalk. Four years later, it buckled before we can get to it.

Mhmm. Someone trips breaks over against

the city.

That's your property. It's right? I think the obligation is there. So my guess is that we would take the lion's share

of liability on that. So in

our current the current insurance doesn't do a damn thing. Well, it has to be reported to us. We have to acknowledge acknowledge it. And so usually, if it's severe, it's reported to us. We we mark it. That that's how we stay out of the current or we can get Well, we And if it's

high enough, we actually go out and grind it right away. We don't wait. Okay.

Depending on time of year. We'll we'll definitely spray paint it, which is what our insurance tells us we need to do. We keep it marked, and then when we first chance we get on the. Yeah.

Because, I mean, those are Yeah. We're not getting out of the sidewalk liability ever. I don't think so.

I don't I don't wanna speak for you, Tracy. But it's I agree

with you. So all this is is if you wanna we'll cut the roots of your tree and if it falls over on a

car If it dies, we're not coming back to take it out. You that's now that's now your tree to care for.

But this is

the sidewalk. The sidewalk would be no different than any other sidewalk. Like, we we have to get it reported to us or we have to have inspected it 20% a year. We mark it, and we show our due diligence that we're trying to

reduce our life. Mhmm. Just responsible for if the tree falls over after we cut the roofs. It's up to them.

It's up to them.

Falls over, hits a lady walking on the new sidewalk, gets hit by the tree.

Back in in January to actually adopt

the policy. You know what I like about this? Is this is the result of us actually listening to residents when a concern came up and we did this, like

know? The one

I appreciate that you guys took the time to, like, evaluate it. I know it was a hotbed, but thanks for listening to it.

The the one thing we'll do in that neighborhood and and staff, we've kind of agreed that our contractor probably went through and was a little aggressive in marking. So we'll go back and and reevaluate the sidewalks, and so that may reduce the number of fixes and trees that are impacted. But that's by listening to those residents.

Exactly. Yeah. Absolutely. That was good.

I think it's a really fair compromise, actually.

Alright. So we've discussed it, and now we'll bring it back to. Any further discussion on this?

Alright. Thank

you. Thank you, mister Morgan. This one,

I guess, is another thank you

on behalf of our department for

the new staff member, which we got. To frame it, I wanna

try and

frame it in context. You remember well, you probably got sick over the years of asking for a new staff member in

trouble. But

this month Mark, seventeen years I've been at. We actually hired Greg Hilbig in a few months before I got here. He was a parks tech. Couple years down the road, I promoted him to be the trails and open space manager. We had another guy that was helping him, and then a few years later, we hired Rick.

But roughly for about the last fifteen years, we've had two people, two full time employees in trails and open space. In those fifteen years, last fifteen years. All of our downhill, brush, all the backside trails, traverse, traverse, ants, like, you name it. There's been a lot done in fifteen years. So we kept growing.

We kept growing. We kept growing. Trailheads, we've added peat new trailhead, Coyote Hollow, Deer Ridge, Silver Flower, couple others. A lot's been done over the years, and our staff side stayed the same. So we were busy. So I guess that's a roundabout way of saying it. It's been a very welcome addition to add one more full time employee. Draper's Trails, and I know why I'm biased, but I think we'd all agree we have the best trail system around. It was well worth the employee that we funded this year, so thank you very much. Just to let you know a little bit about our new position.

His name is Ralph Smith. He actually was a seasonal with us for six years. So what that means is he comes in and requires very little onboarding training. He kinda hit the ground running. But we put him in charge of a

lot of the pay trails. We have

a lot of amount of pay trails.

Know, I wouldn't say they didn't neglect it,

but they weren't as good

as we would like them because we're

so in other places. But now we should always see a nice shoulder on the paved trails, which will eliminate the go aheads by far and some of those complaints. It helps at Maribon where we where we have open space taking care of Maribon Wetlands. It should help with all the and all that. Our new disc golf course that we opened last year takes a lot of work. The open space is over, so we're Rob's also done done a a lot lot of of time time in in there. There. And then just helping spread the workout so that it's not so burdensome. It's just been a a huge help. Rob, the army army vet.

He's, like I say, worked with us for a lot of years. He knows trails. He's a he's an avid mountain biker himself, an avid hiker, climber. So he knows the conditions. He knows the way they should be maintained. Thus, working here, so it's been a great, great addition. And, again, just want to say thank you for for listening, for understanding, and approving that this last fiscal year.

I have well this last year.

I have a random trail question if I can real quick. We have a second. By Ghost Falls between Ghost Falls and then Rattler, we got some nice donations of some two old pickup trucks. Oh, yes. They're there. Still. Yes.

I didn't see them till the

other day. See them until it's

winter or fall. Yeah.

Do we know the story behind those? Because I would look it'd be really nice to know the story behind those.

I know it's a

random question. We think. I don't

know if anyone knows.

Involves a lot of alcohol and

I dare. We removed two vehicles that we can

get to. Those are tough.

Hold on here. There's a no. I think there's

a great there's a big stove

too somewhere.

Gotta be great stories. Oh, yeah.

At least entertained.

So I happened to be here the other day when was meeting with the new mayor of Riverton, and she brought up a concern to me that she had about Fred Mighty's along the Jordan Jordan River River Trail Trail in in the the Draper Draper area? Area.

I don't about her. Don't

know. All of that maintenance, Draper's portion of the

Jordan River Trail is maintained by

solid count.

That

takes us to council manager report. We have a few minutes, two months.

Well, I don't mean thanks, Rhett. Thanks, Rhett. Report on the custodial supervisor. Kelly was gonna talk about

this. Custodial supervisor.

Yes. So talking to Gary and Kelly, the custodial supervisor actually has been a very welcome addition to this this particular building on several levels. Yeah. Adopting your children. K. Go ahead. No. No. No. This is a

custodian. So

so having somebody here later into the evening, we've got better security. As you know, we've got a lot of after hours, events, groups meeting, what have you. So the supervisor is is making sure the building is secure. Our cleaning has increased tremendously in this building. It was interesting to see somebody actually cleaning blinds. I

thought, is somebody being

punished or what's going on? But, yeah, it's it's helped out. So better better cleaning, more security, and just having somebody here that is making sure lights are turned off and, you know, things are just done. And so Gary Martson extends his his thanks for that. I think it's been really helpful. I think we've had a little more stability too in in that

in that function. Great.

That's all I got. Alright.

Councilman Andrew, who's got someone?

I met with chair and vice chair of the tree committee, I think, last week. They expressed some concerns that they had with the way communication was happening between them and city staff. And I I'm thinking that maybe we should discuss the treat community specifically and possibly other communities and how their relationship is with with

No. I think it'll be good. The question I have is where we're putting the special events committee with the engagement committee. Did we just

is that we're gonna be That's what I thought. Well, there was a

We kind of, like With Kelly not here, I guess, one of the answer, but Mike might know. Wasn't there a letter sent out to the members of those two committees about them being combined?

I think there's been some kind of communication.

Because I I think if I get in contact by anyone on the special events Yeah. Maybe I wanna know what to

tell them. Think they responded perhaps to a summary of the council meeting. You can speak. So I don't know that. Yeah. I don't know if if she's taking other steps to communicate with them or not.

I can ask her.

I heard from is it Scott Minson? Vincent. Mark Vincent. He would

be very

much in

favor of combining them. Yeah. He thought it would be a good

use. I don't think yeah. I I don't think any of them will be against that. It's just if it could limit if we're just limited to 11 people, it might not allow those that have been on the arena committee that have wanted to stay involved. They all could still

be on

unless we could unless we expanded that to, like, 15 or something.

I I thought we talked about

It's been an honor. You've been very lucky.

Marsha, we always have something for your final one. Do you have something?

I knew you were gonna.

I'm gonna stay with my standard. Don't say anything. K.

I have one. Would you pull up my my partner, the land planting process software? I wanna show them Salt Lake County's I met with mayor Wilson down in the river bottom. Well, who own you know, whatever the hell it is, we we know who owns each parcel. Oh, the parcel map.

The parcel map. Gotcha. Yes. Yes. I can do that. That one.

Let's see here. Go right there.

City of Riverside. Oh, yes.

Oh, no.

This is

sorry. This is quite touching. Okay.

Go over there to Yeah. No. That one. Yeah.

Click on that one.

That's our park. So So okay. So what the county wants to do It's illness. Is that was that big one, the part of interior? Is that the county?

So I met with mayor Wilson. We went over to the side of the road. The county in its effort to raise funds or, you know, get rid of assets it doesn't need has looked at these identified these parcels as something they wanna sell or develop. And they wanna talk to us about what we'd like to see. Now the golf course the the Riverbend Golf Course is owned by the counties up there. What would we like to see, you know, down in here? They they're interested in some type of, you know, starter home type ownership housing mixed with some How

do you develop in that area? The water tables?

Right. It almost So high. Looks like floodplain. Yeah. There's a big drop down to that from Valencia.

Well, I don't know. They just they they wanted to they wanna talk to us about they wanna sell this property.

Why don't they put nine

more holes in golf course? Yeah.

I don't think they wanna do that. They wanted

to do some type of development.

They wanted to know if we'd be interested in meeting with them

it looks like it's maybe laminated.

Oh, you got some access clearly right there.

I don't know if they can get the interior to let them go across there.

And it looks like there's a strip here.

Oh, is is that that now? Now? Yeah.

Oh, Oh, that's that's a strip. Is

that our trail that's listed there in the white? No.

I don't know what that is. That's like a dirt road. No.

It won't it won't click. Which means it's probably right of way. It's like

a dirt road. We might have access right there.

This might be it. Right there. Typically, when something doesn't appear, it it's right of way.

But they're thinking they wanna do some type of ownership, like, first time buyer, home buyer type housing, and they want me to bring it up to you guys.

So they're like, if you wanna meet with them and talk to

them about what I can do there.

Not I'm against discussing it. We just gotta find out how viable it is. Okay.

But you wouldn't want you wouldn't want commercial or you want some type of

I mean, she had the

idea of maybe doing some some similar to, like, Moda down there where there were some shops and stuff,

I'm digesting what you're saying. I

just It's not me coming to the.

I know. Know. I I think that the majority of that property is probably going to be wetlands or have very, very high water table Yeah. Access. You would have to go through the interior.

Unfortunately, interior to get to it because from this gestation area, it's a very steep drop off, and you have a private property owner in between the public road and that property. There's wildlife concerns as well. Because, like, that that they see. It it would be very challenging to develop. Yes.

And I know our zoning and land use, I'm guessing, has it all designated open space.

It'd be nice for it to just

stay open I agree with Jen. I feel like I am not

interested in

developing this.

I thought that would be your view. I don't

know how you developed it. I just

think that would It's

really nice as river bottom. I don't know that it needs to be high density. Oh,

I don't think

it needs to be.

No. You'd to be on stilts.

Yeah. And the access is terrible. No. For real.

They just identified a bunch of parcels all around the county that they are using, and they wanna know if they can get some value out of it.

Makes me question if they really look

at that property. Right.

Think they actually really looked at it

and saw what we have. Yeah. It's Well,

we met on the side of the road.

The road, you wouldn't

yeah. Yeah. Yeah. That was the extended as far as our look. But, okay, I'll I'll tell her that it's not something anyone's super overjoyed about.

You've taken her on a hike south of that a little bit. She might get her hills wet. Literally. Literally. Yes.

There are plenty of phragmites. But if it

would would it be under here, Jen, the geologic information?

Would that show wetlands? And I

think it's a wetland. And stuff like that.

Yeah. I think it would.

I think they thought they had access, like, right off 1 23rd, but I see that they have no

Well, there is there is that straight parcel that the line could very well be

I'm

sure the public would love that as much. Right? Not humans. Yeah.

Oh, there we

go. Like, property down there too.

Okay. I'll tell her you guys were cold.

No. We can make it she can they can

make it open space as well. Protection. Yeah.

I know. And you just let them yeah.

I mean and maybe they

wanna give it to us. I don't know.

Even build this, but we want

cemetery at the end. It's an option. Pretty good. I'm just saying. That's lukewarm, not cold.

K. I'm

gonna go with cold. I

don't it developed. No. Yeah.

I don't either, but, I mean, I I told

her I would bring it.

So anybody else have anything Let's reconvene at seven now.

Alright. Ladies and gentlemen, welcome to our city council meeting. I'd like to call our meeting to order and get us started. Our first item of business is a pledge of allegiance, which is gonna be offered this evening by our fire chief, mister Clint Smith. Go ahead, chief.

Thank you, chief.

Alright. Chief Ferguson, are you ready, sir? Alright. The next item on our agenda is some of the tradition that's been going on for, I think, a solid decade at least. And it's an opportunity for our police department to engage our community, primarily our our elementary school students in a contest to pick the the annual police department Christmas card. Chief Ferguson, I'm gonna turn the time over to you, sir. Go ahead.

Thank you, mayor and council. It is a fun time of year for us. So as you know, every year we have the fifth grade classes submit Christmas cards for the police department. We get hundreds of cards, and it's a difficult task to go through them, but we've come up with our three finalists and our finalists which many of you may have gotten in the mail already. So I'd like to call first up to the front Reyna Hall, who is our third place card winner.

And this is her card. Reyna, come on up. We have a nice plaque for you. Okay. Our second place card winner is my kid's family favorite now.

That's me in the corner if you didn't recognize me right off the bat. And yeah. So Liam Cook, would you are you here? Liam, come on up. Alright.

And our winner this year, and I have broken the frame, so I will replace that, but is Zuri Jensen. And this is our card that we have sent out as our official card to probably over 100 police departments throughout the state and United States. So, Liam or Zuri? And anyway, we really appreciate these candidates and I'm gonna excuse myself for just a moment and go out and have a little gift for him out in the I'll be back. But thank you.

Thank

you chief. And I think they got your hair correct on that that card. Pretty good. Anyway, thank you. It's a great tradition. Alright. The next item on our agenda is an opportunity for general public comment. I know there's a lot of you here for a public hearing and maybe a few of the public hearings. If you have a general public comment, this is an opportunity address the council on a general item. If you're here for a public hearing item, wait until that item's called so we can keep our record clear. Is there anyone that would like to make a general public comment? You gave me a card. Is it general comment or do got one on a public hearing? General?

Yeah. I should.

Yeah. Okay. Come on up. Ron, come on up. Ron knows the rules, but I'll give all of you the rules now for our public hearing. Everybody gets three minutes. The clock's to my right, your left. The clock has a monogamous buzzer when it ends. We give everyone three minutes, but we don't give anybody anymore. So if you have something to say, say it in three minutes, Ron. Otherwise, your time will be up, and we treat everybody fairly. We just that's how we go. So no applause, no cheering. Just make your comment. The com the council will listen. You know how to do it wrong. Go ahead, sir. Alright. Name and address. I'll start the timer.

Okay. My name is Ronald Smith. 1158 East Parkstone Drive, Draper, Utah. I have a petition from 36 people in Parkstone Estates PUNE that we received a letter on no garbage pickup. The thing that we have is that our streets are from the standard of the city and the fire department, by the way.

And the $37 just about doubled what we've been paying. Permission was set up as a empty nester, 55 and older. We have people in there, 80 and in the 90, and on fixed income, That's pretty tough for them. You go like that, snap your fingers and pay everything. What we wanna do is we're asking if the council would reconsider.

We've had conversations with ACE. They don't have any problem with art. They when they come off, they would come off of Pioneer and turn on the stage way, right hand turn on around, pick up our garbage up in the West End, and I've put in a packet a copy of the final plat. I've got pictures of our roads in there. Everything's right up the snow.

And so what we're saying is, I think rather than just say all street, ours is a real street. 25 foot wide. When you come in on stage way off of Pioneer. It's 30 foot of asphalt. I'm talking asphalt. It has curb and gutter on most sides, and we don't have any sidewalks because it was set up in an empty nester. Alright? They're walking the street. So, anyway, each one of you has a petition. You have a copy of the people that are signed.

The president of the OJ HOA signed it. So we're not representing the HOA. I'm representing the forming four people in our HOA. Anyway, a third of our subdivision land is in open space. We have 44 homes, and we have a lot in park.

Now what city what service did you give us? You give us some place to fire and every lunch when free of free shake. And so we're the golden goose. You don't have to pay us anything. We give you money.

Thank you. Thanks, Ron.

Thank you. Bye.

Alright. Is there anyone else who would like to make a general public comment? Go ahead. Name and address, please.

Vivian Gubler, 1208 Parkstone Drive, Draper. I have lived in the city for over twenty five years and I also am concerned about the increase in our garbage fees. We represent the 36 individual home people that pay for their garbage, that pay the $44 for that came to our bill this month. We were all shocked.

I know we

received letters from the city about why, but we just feel that precedence was sent in the past. I've always paid what every other citizen in Draper pays for this service and we feel that we've been targeted. We understand that there are areas of the city that are private roads that have problems, but we are not one of them. I talked to the person in charge of the garbage. He's wonderful.

I talked to the city manager. Wonderful. I also talked the public works person called me. Wonderful. I even talked to your HR department head in the in the hall tonight and explained why I was here.

He just said, oh, why are you here? Because I was here early. I wanted to sign in. So I expect that we could have some change in this in this venue. I have learned that Draper respects citizens of Draper and we would like that respect extended to us in in equal amounts that we do for every citizen in Utah.

We feel bad. We do not want to be you know, because there are areas I know there are areas that are dangerous for the garbage department to go into. I understand that. But we are not one of them. I asked the garbage captain or I don't know the title if there was anything that we did improperly or wrong. Were we doing anything that caused a problem? He said we were not. He said he appreciated our business and liked coming into our area, and we really enjoyed their service. They did an excellent job. We really, really would like to have them back.

Not complaining about the new service because we haven't had them that long. But I just feel that we need to go back and have the same service that we have always had and have always appreciated and really want to have that treatment as has been set precedence for the twenty five years that I have been in Draper. So I appreciate your time. Thank you.

Thank you. I like the term garbage captain, Robert. It's a good good term. Is there anyone else like to make a general public comment? Alright. Seeing no further general public comments, I'll close that public hearing. Go to our items next. Item number five. These are items for the council's consent. Item five a is approval of the 12/02/2025 City Council meeting minutes.

Item five b is approval of resolution twenty five seventy six. It's resolution of the Draper City Council adopting data privacy policy. Item five c is approval of resolution twenty five seventy seven. It's resolution reappointing David Hales and Jordan Putnam as members of the Draper City Historic Preservation Commission. Five d is approval of resolution twenty five seventy eight, a resolution reappointing John Mack as a member of the Draper City Parks, Trails and Recreation Committee.

Item five e, resolution twenty five seventy nine, resolution of the council establishing the regular meeting schedule for the City Council Planning Commission, subordinate bodies and committees for the year 2026. Item five f, approval of resolution twenty five eighty, a resolution of the Draper City Council approving city council assignments for the year 2026. Item five g is approval resolution twenty five eighty one. It's a resolution of the city council electing Brenn Heather Johnson to serve as the mayor pro tem for the year 2026.

Mister mayor.

Go ahead, miss Vaudry.

I move we approve consent items five a through five g.

We have a motion by miss Vaudry to approve the consent items. Is there a second?

I'll second.

Alright. Second by miss Lowry. Alright. Motion by miss Vaudry. Second by miss Lowry. Any further discussion on the consent items? Alright. Miss Fadri, how do you vote?

Yes.

Miss Lowry?

Yes.

Mister Lowry? Yes. Miss Johnson? Yes. Alright. Item passes four to zero. That takes us to item six six a. I will note for the record, we have four council members present. We are missing one of our council members, Michael Green. Michael Green, for the record, is deployed in the service of The United States and will be gone for some extended period of time.

So he won't be able to participate in the meeting and he won't be on the council seated here for the next six or seven months. So just for the record for if you're wondering where mister Green is. Item six a. This is a public hearing. It's ordinance number sixteen eighty eight, an ordinance sixteen eighty nine. It's an ordinance amending the official land use map and an ordinance amending the official zoning map of Draper City for approximately 17.88 acres of property located approximately thirteen thousand seven hundred eighty two South three hundred East known as the Bangerter Crossroads land use map and zoning map amendments. We'll have his initial staff report by mister Todd Draper. Go ahead,

Alright. Thank you. As you mentioned, this is land use map and zoning map amendment for the Binger Crossroads, project. This is the vicinity map. You can see the general property there outlined in red, North Of Hundred And 38 South and, just, East of the Binger Highway.

And this is the aerial view of that. It is vacant in this time. And the current land use map has portions of the property in the medium residential density, low medium residential density, and in the office service land use categories. Current zoning map for all those different parcels is RA 1, and the request is to change this to a regional commercial zone or CR zone, and then the same regional commercial land use designation for the land use map. This is a conceptual site plan that the applicant did include with their, submittal.

And,

again,

the regional commercial designation is, here, listed from our general plan, including wide range of commercial uses, combined destination oriented businesses, retail commercial entertainment related uses. And this would be large scale master plan commercial centers, big box centers, things like that. And this would be appropriate in location with excellent transportation access to major highways and strategically placed along high traffic corridors. This is the purpose of the CR zone. I'm not gonna go through and read it all, but it's essentially there for our regional commercial.

Just a quick list of some of the permitted uses that would be allowed in the CR zones, which is convenience stores, restaurant, retail, veterinary services, and then some of the conditional uses. Again, these are not all inclusive lists. This could include, say, car wash or entertainment recreation entertainment outdoor. And then here are a couple of site photos of the property. This is looking north, and then, from the south, west corner kind of towards the Northeast corner.

And then again over on 3rd West looking towards the West. The planning commission did review this and forwarded negative recommendations on both the, land use map and zoning map amendments. Their concerns were that a development agreement they felt should be included and that it would need to address potential height of buildings, landscape buffers, and street improvements. With that, we have provided an ordinance that, provides for a delayed timeline for effectiveness of that ordinance. If you choose to approve these tonight, it would, require the applicant to submit for a development agreement no later than December 29 and then have that agreement go through the review process and be fully executed and recorded on a reform May 7.

If it passes that to May 8, the ordinance has a provision in it that would, when written all and void at that point, and the land use and zoning designations would revert. And with that, I know I handed you one last public comment that came in late this evening. I don't know if you had time to review that. And then the other public comments were provided earlier via email or, together with this staff pack and report. Are there any other questions you might have for me?

Questions for Mr. Draper?

Mr. Draper, could you just give a little bit more detail about what happened at Planning Commission? It was denied, but that was basically because there was a need for a development agreement?

They recommended denial to the city council. That was one of the main issues was more than one commissioner expressed a desire that a a some kind of a development agreement perhaps come in with this. There was concerns again about that building height. The CR zone allows a 45 foot building height where surrounding residential will be limited to 35. And then there was some concern with, landscape buffers between existing residential and potential future commercial center if this is approved.

Thank you.

Any other questions for Mr. Draper? Alright. Is the applicant here? Come on up, sir. Give us your name and address.

Mr. Mayor, members of the council, my name is Duane Rasmussen. Address 1224 West Samuel Holt Drive in South Jordan. I'm representing mister Tom Lloyd, the owner of the property tonight. I'm associated with a company called Castlewood Development whose office is in Midvale, and I'd like to just give you a little background here and be ready to answer any of the questions that you may have.

First and foremost, this property has been talked about both publicly and privately for a long time. And Mr. Lloyd has been engaged on occasion with several major tenants who are interested in this property. And before bringing anything to the city council, we thought the first thing to do was probably to address the existing difficult traffic conditions that are there and perhaps meet the needs of a future development at this intersection. Mister Lloyd contracted with a firm to go to the state legislature and secure $3,450,000 in road funds to be distributed through Draper for the construction of these off-site improvements.

Todd, can I have you pull up the aerial for just a second? Thank you. The improvements that were stipulated in the traffic study that was submitted to you and been amended a couple of times, but the improvements never really changed, call for improvements that I'd like to point out right now. From the entrance there on 138 South going West, there's an additional lane that will be widened there. And when you get to the corner of 138 South to go on to Bangor there will be a dedicated right hand turn lane that you can make a turn without stopping.

Then going along Bangor Highway, there is a a a new lane to be constructed all the way along the frontage of this property to 150 East, and there'll be a stoplight in the center of Bangor Highway about midway through project. There is also improvements to the corner of 138 South, calling for a dual left hand turn lane off 138 South Head South on Bangater Parkway. That will take I'm gonna get into just a minute what the level of service at those intersections are now and what they will be. There's also improvements to the signal at 150 East And Bangor Highway, which allow for a much better operation of that particular signal both now and in the future. I gave to Todd earlier today little summation of our traffic study.

Todd, could I get you to bring that up? And just the aerial portion of it, if you would, with the map on it. On the left is the verbiage outlining the improvements that I just talked about, but I'd like to just start at the top in the current conditions of 2025. And currently, the intersection of 30 East and 138 South operates at a level of service E. The intersection of 138 South and Bangor Parkway operates at a level of service D.

When those improvements go in, and I just described, and I'll add one additional thing to that, We have agreed, I think, with the Public Works Department in Draper City that they will install a traffic signal at the corner of 30 East and 138 South. When those things are done on along 138 South, that intersection goes to a level of service a in existing conditions, and the corner of Bangor Highway and 1 38th goes to a level of service c. Then when you add a shopping center to it in the year 2040, which not only takes into account the additional traffic that will be brought about by the shopping center, but additional growth in that area as well. The intersection of 100 or 30 East and 138 South goes to a C, and the intersection of 138 and Bangater Parkway goes back to a D, but it operates much more fluidly because of the right hand turn lane, the dedicated right hand turn lane because of the dual lefts off of off of that. Those are the major pinch points right now.

If you have any questions about that, I'm happy to answer them when I finish here. But I just wanted you to see what those improvements do to existing conditions and to the conditions when the shopping center is built. So with the federal or the state funding that mister Lloyd secured on behalf of Draper at the at the legislature, these improvements will be paid for. And it's our anticipation that these improvements will go in starting in March or April this year dependent weather dependent. So we're anxious to get started on that.

The drawings have been submitted and approved, whether there's any development or not for us to improve these road conditions. A word about commissioner or councilman Lowry's question about the planning commission. I I think Todd stated it correctly. They really wanted to see a development agreement in place here, And I hope that you will find some conditions that will allow you to approve this subject to a development agreement. We've had some conversations with the staff now.

We took into account a lot of what our neighbors said in the in the planning commission hearing. I'm gonna go over a list of things that we think need to be addressed in that development agreement right now, and then we'll have time to submit that between now and the December 29. Those things involve perimeter fencing adjoining residential areas, both the height and materials of any fence separation and landscaping adjacent to the fence on both sides in some cases. All building setbacks will be addressed in this, and I don't think we're going to find an issue with regard to building setbacks on the on on streets, etcetera. Building heights, we are okay with 35 feet, being having it limited to 35 feet.

We'll address site lighting with the staff, particularly those areas that are adjacent to residential areas. Some of the some of the areas out along Bangor Highway will need probably a little bit more lighting, but will be away from the residential areas. A word about 3rd East. We anticipate that any center that goes there will need an access from 3rd East. A ride in, ride out is what we're anticipating, and the traffic study showed that.

A site plan will include access accommodating a right turn, a right and right turn in and a right turn out, but no right turn in and a right turn out, but no no entry from the from the left coming north. Draper City will agree to install that step traffic light at Thirbees, as I've already said, and we will ensure in the delivery in the development agreement that there will be no delivery trucks entering into or off of 300 East. Details along 3rd East need to be addressed in the development agreement such as a wall, the height of the wall, a berm behind the building, screening the building and the loading docks and all all of the rear activity area in any, retailer that goes there. It's also been discussed with the staff, and I think, you can credit your planning staff for this, that one of the issues that came up with some of the neighbors last time was that 3rd East is hard to cross from a pedestrian standpoint. We have agreed to install what they call a hawk signal there to allow pedestrians to activate it and and have flashing lights and have them cross that pedestrian area safely.

And lastly, we will agree to, any use restrictions, that we that we can live with long term, and I think most of those objectionable uses such as bars and and nightclubs and things like that will be eliminated, convenience stores eliminated. Other things that I can just speak to right now, but we'll hopefully get that development agreement back to you and the Planning Commission sometime early next year. We'll have it submitted to the planning staff by December 29 as Todd suggested. I'm happy to answer any of the questions you may have. I think that pretty well addresses the issues.

We want our neighbors to know that we want this to be a first class project. We want it to work for Draper. We think it's a terrific area for additional commercial development that will bring activity to Draper City, and we're happy to answer happy to answer any questions you have. If not, you want me to wait until the neighbors have spoken, I'm happy to come back up.

Any questions for applicant right now?

I have one question, Rasmussen. With this traffic study here, we look at the 2026 conditions with the improvements with that intersection at 138th And 300 East. With these improvements improving it from an e grade to an a grade. Where does it contemplate if there's a ride in, ride out with use from that?

It's it's taken into account in the body of the study. I didn't show that. We didn't show that particular intersection because we don't see any conflict up there. This was the biggest conflict in the study area. So that will function at an acceptable level of service without any conflict, but we did want to address this particular intersection because it currently backs up, as you know, from Bangater all the way to this intersection and sometimes beyond.

With that dedicated right hand turn lane onto Bangater without having to stop, that will really make that intersection function much better. One other thing perhaps I didn't remember to address, and that is we are talking with the city to UDOT about extending that lane onto the freeway from Bangor Highway so that there is no bottleneck there, and they have been open to that. And we're working with the Draper staff to talk to you about that.

You mean across 150 East?

Yes, across 150 East to the freeway, yes.

Any other questions for the applicant this time? Alright thank you sir you get the last word since you've applied.

Thank you mayor.

This is a public hearing ordinance number sixteen eighty eight ordinance number sixteen eighty nine. Many of you have been to our public hearings before. This is the way we work. I have a number of cards that people have submitted which I'll call, but our policy is to let anyone that would like to speak have an opportunity to speak. So we don't we don't restrict the number of public comments on an item. Our rules are really easy. Come to the podium, give us your name and your address. That'll start your time. Everybody gets three minutes. Nobody gets more than that.

So this is just the way our rules are. The council will listen to you. They won't address you and answer questions specifically over the dais, but they'll they may discuss it later and you can hear their discussion. But it's an opportunity for you to make public comment to the council. So that being said, the first card is Rosemary Thomas. Come on up.

Hello. I'm Rosemary Thomas, 13703 Brown Farm Lane. I believe you've already made up your minds on this proposal before hearing your constituents comment and also despite the Planning Commission's negative recommendation, but here's my last ditch effort. My family has lived east of the proposed development for twenty three years. We've raised our family here, invested in the neighborhood, and watched Draper grow.

We are not opposed to growth. We understand that change is part of a healthy city and that this property cannot remain zoned exactly as it is. What is being proposed does not align with what councilman Mike Green recently described as matching the development pattern around the existing property. The pattern here has historically been residential. For decades, there was a natural buffer along 3rd East in the form of older single family homes.

That buffer existed until the land was purchased by the current landowner. With those homes removed, the responsibility to provide a meaningful transition did not disappear. It shifted to the city and to the developer. Our primary concern is the protection of 3rd East and the transition between this development and both long established neighborhoods and newly built homes. 3rd East has increasingly become a busy residential street.

Allowing any access from this development will only intensify traffic problems. Once a com once commercial or high density traffic is introduced, Thirties will no longer function as a neighborhood street. It becomes a cut through that directly affects safety and livability. We've repeatedly been told there would be a buffer, yet with each revision, that promise has been reduced. A buffer that exists only on paper is not a buffer.

If commercial development is approved next to residential neighborhoods, the berm and buffer must be substantial, permanent, and enforceable, not symbolic and not something that can be changed later. If growth must occur here, why can't a smaller development blueprint be considered one that fully protects 3rd East and includes no access point? For years, this area has been defined by residential neighborhoods. Zoning decisions should protect that character, not slowly dismantle it. We respectfully ask that you require no entrance or connection to 3rd East now or ever.

A meaningful permanent berm and buffer. Zoning that aligns with the established residential character of this area. We are asking for a development footprint that honors commitments and respect for existing neighborhoods. Thank you for your time and for considering the people who already call this neighborhood home.

Thank you, Rosemary. Next, Christina Kessler Day.

Nice job, Rosemary. I've lived in the neighborhood for twenty two years.

Give us your name and address, please.

My name is Christina Kessler Day. I live at 448 Brown Farm Lane, which is adjacent to the old damn Janovich property. I've been coming to Draper since I was 18 years old. I'm 57, almost 58, so that's a long time. So I remember thirties when it was nothing. And somebody a while back said, it's always been a busy road. It hasn't been. We we built our home here because my family was Draper people, and we wanted to live in the country. And we understood that that was zoned for housing across the street on 3rd. And we've been fighting ever since to keep it zoned for housing.

And I think Rosemary was correct when she said that Draper City has a responsibility to uphold what it says it's gonna do. And the people in the city council in the past backed us up, and mister Lloyd has never cared. We need somebody to care. This is an this is a thriving, healthy neighborhood, not just Brown Farm, but the element all all of the housing around there, we've got kids, and we know each other. And having an ingress and an egress on 3rd East is not gonna work for us.

There there's no way you can make that look pretty. It just doesn't work. It doesn't matter how many lanes you've got or what direction they turn in or out. It's not gonna work. This is a residential area.

It's zoned residential. Mister Lloyd knew that when he bought it. And no matter what you do, changing it to commercial is not what Draper City represented to the rest of us for twenty something years, including when we bought our our lot. And, that's what I wanna say. I think that it's disingenuous, and I think it shows a lack of integrity on Draper's part to throw their residents under the bus like this.

And also just just an interesting point for you. Mister Asmussen said that mister Lloyd had secured funding through the state legislature on behalf of Draper. You know, that doesn't sound very nice. It sounds like he's saying, we scratched your back. Now you scratch ours. And anybody paying attention is gonna pick up on that. Mister Lloyd secured funding from the Utah State Legislature for UDOT changes to the street so that he can get what? From Draper City? That's what it sounds like. So this isn't just a question of, are you gonna protect our neighborhoods?

It's a it's a question of the integrity of the people on the city council and the integrity of Draper City. If somebody scratches your back just right, are you gonna pay them back?

Thank you. Alright. The next card I have is Gus Bernardo. I hope I'm saying that right. Apologize if I'm not. Go ahead. Come on up, sir.

Yes, sir. Maybe you're correct. It's Gus Bernardo. And I live at 13608 South Shore Lane. My property borders the property in question here.

I just want to resonate with Rosemary and Christina just said over here about the concerns we have about this development. And I did write a letter to the council and and to the mayor to about some of the concerns I have and and to mister Rasmussen and mister Lloyd, the the considerations they've talked about here today about higher fittings and substantial burn buffer for our homes, especially our homes that our backyards borders this property and as well as the 300 East property we're talking about. It's just we share the same concerns that just being spoken here. And we just like to see the if there's improvements on this, if just take in considerations the concerns we have about even making our property little more protected from from the lights, traffic, or sounds, or modeling docs, or whatever is being how is this proposal development proposal is being designed. So I'm just making this short, I appreciate your time to listen to me.

You, sir. Robbie Stagg would be next.

Sorry. I looked like I

had bad handwriting. My name is Robbie Snyder. Small.

Go ahead. Go ahead.

We'll take that. I live at 13598 Shear Lane. Once again, same, my property backs right up to the proposed property. And the biggest concern that I have is with the increase in traffic that is potential for this happening is is what about the potential with the kids and everybody around this area as was spoken to earlier. I initially called the city, and I said this in the planning commission, about putting something better at the 300 East And Stokes Avenue crossing due to the high rate of speed in which everybody goes and not paying attention to people trying to cross that crosswalk.

There is a school zone light there, but it's specifically for Channing Hall, and they never turn it on because it's only for Channing Hall from what I've been told, and 10 kids need a cross there in order to be turned on. But my kids like to go over and play with the other kids on Farm Hollow, Brown Farm, all that. And I have had to go several times to sit there on that corner and make sure that they do not get hit by pass er by cars who are not paying attention. If somebody's making a left hand turn onto Stokes from 300, the people going south on 300 do not pay attention to anybody in that cross rock whatsoever. So I I did ask for that Hawkeye system, and I know mister Rasmussen did state that they are willing to put that in.

I just wanna make sure that that's actually what would happen if this was to pass because if they want access to 300, it will increase traffic there regardless of a ride in, ride out, or a traffic light there. 04:30 in the afternoon to 06:30 in at night is a complete crap show. I'll keep it nice on 300 and also on 138. I mean, it's atrocious trying to navigate that at that point in time. I'm sure some of you have driven that.

But and then just to echo what Gus said, you know, lighting and protection for the homes, they're just off at 300. Ireland Lane, 135 you know, 3560 there. They all back it, especially those on, you know, Sherlane And Ireland Lane and then 135 South that don't have any type of protection so far. I mean, I look straight at lights all night for Bangater Highway, and I look at Harman's, and I look at the bill sign, and I see it all all the time. And if we're putting another building there, it's just gonna be brighter.

So just some protection for that area to keep it quiet, keep it nice, and allow us to, you know, have some privacy from what could potentially be there. Thank you.

Thank you, sir. Next card. Last card I have is mister Matt Smith.

Good evening, city council. Thank you very much for your time. My name is Matt Smith. I live at 329 East Brown Farm Lane. While I'm not generally opposed to commercial expansion across Bangor Highway, I'm ask I asked that the city council not approve the zoning change for three key reasons.

First, as Rosemary indicated, the expanding commercial zoning all the way to 300 East will permanently damage the character of surrounding neighborhoods. Even with berms, trees, or walls, the neighborhood is gonna be changed forever. When many of us bought our homes, there were residences along 300 East, and we relied on the expectation that the residential zoning would be preserved. Second, many nearby residents are strongly opposed to any commercial property access on 300 East. The proposed development and the twenty two twenty twenty two traffic study both call for an entrance or exit on the 300 East.

With all due respect, even a right in or right out access to the property conveys your acceptance of spillover traffic into our neighborhood and worsen congestion on an already overburdened road. Mister Rasmussen referred to the traffic study. The traffic study that was conducted in 2022 and the 2023 update are simply outdated. In 2022, many of us were just coming back to the office from COVID. Further, the study does not factor in localized growth such as the new hotel, the Chick fil A, or other general population growth that has occurred between 2022 and 2025.

The study is also based on a much smaller footprint than what is now proposed. The traffic study does not include the two restaurants, two other retail centers, and a bank that appear in the application. While the planned improvements that mister Rasmussen referred to may improve current conditions, a new study is needed to ensure that surrounding intersections still operate at acceptable levels once trips from a development of this scale are added. Third, approving this zoning change without a completed development agreement and updated traffic study is simply premature. Several of you have said that you can only vote on what is in front of you.

So why approve zoning without a final site plan, a traffic analysis, or binding negotiations and mitigations. Approving zoning first shifts long term risk to residents and future councils. Finalizing a development agreement first protects the city, residents, and developer through clarity and accountability. My request tonight is simple. Defer your approval until a developer agreement is completed and includes a new traffic study, binding access and buffering commitments, and meaningful input from the most impacted neighbors.

Taking more time now avoids greater problems later. Please do not allow commercial expansion onto 300. Do not permit access to 300 East, and ensure the development is sized so all intersections operate at acceptable levels long term. Do not please give up your negotiating leverage by approving zoning prematurely. Thank you.

Thank you. Alright. That's all the cards I have. Like I said, our policy is to let anyone speak that wants to. I'm assuming there are more of you that like to make public comment. I'll just take you in order if people that are interested. Who would like to make an a a public comment on this item to the council?

Someone's raising her hand back there.

Come on up. Give us your name and address. Or yeah. I can't tell what jacket you're wearing. No. Not that guy walking out. We want him to go. No. Just come on up. Yeah.

Give us your name and address, please.

My name is Robert James at 248 East 13800 South. We live in the Rockwell Condo Unit just facing north, and we can see across the whole proposed developed unit. And I see traffic there all the time. It's even worse than the previous, people have said. I look out our front window there, and I see traffic backed up clear up to 30 East.

It's backed up on 38 Inner South, and it's also backed up on Bangadar Highway, clear from the from the I 15 exit, cleared back to the one three hundred South and even beyond. It's actually it's really bad, the traffic. And and the the what do they call it? The the leeway that the, the the developer is trying to suggest is not gonna work. The traffic's just too much.

And if they put a light between one 38th and 150 east, I'm not sure how that's gonna work if they say if they're gonna continue with no light situation. There's still light there in between the 11 50th and one thirty eighth. I looked out the window tonight because I can see the traffic all the time, especially evenings as the previous people have said. The traffic is really bad. It's backed up all all the way. It stands still, basically, all the way to the highway, I 15. And so I'd I'd I'd suggest that, yeah, developing plans should be in place more than just simple words. Actually, it should be in place, in fact, should

be

not developed for business but for residential as it is right now. Thank you.

Thank you, sir. Who'd like to be next? Come on up. You gotta pick yourselves. Come on. Come on up.

Hi. My name is Brandon Thomas. I live at 366 Brown Farm Lane. I request that you defer your vote on this until the development plan is complete. I recommend you accept the recommendation of your planning commission and vote no until 300 East is completely blocked from access.

I do not believe the right turn in and out will sufficiently handle the increased traffic that we often see from 138th all the way past Stokes Avenue. Anytime there's any sort of freeway traffic, everyone abandons it trying to get up through the, Alpine route to get home, and so we see substantial traffic already on 300 East. I support, the other comments that were made that the traffic study is outdated and that the size of the development far exceeds what was originally planned and ask you to defer your vote until all of that has been sorted. Thank you.

Thank you. Who'd like to

be next? Come on up.

Good evening, counsel. My name is Joshua Hogart. I live at 287 East Concord Farm Lane, Draper, Utah 84020. I own a civil engineering firm, and I have looked over these plans. Looking at them, it it is a bit disturbing.

I look at the health engineering and traffic study. It is my professional opinion that 300 East and 138 South is not sufficient. I believe it will still remain an e grade road right there for traffic. Looking at it, I see that there's three homes there. It's as if you if you wanted to complete that, you would need to demolish those and start to add the lanes into there.

The other thing is is looking at the map. I looked at the map before it came here. Kind of at that bottom left hand corner when it jogs up, UDOT actually owns to that section right there, and then Draper City owns below that towards the traffic light. I know that the representative of the Lloyds had had mentioned, an in and out on the backside, but also right there. Looking at that, I believe that traffic would be congested.

The in and out on the back of that, I I concur with some of the statements. I I what you're hearing tonight from these folks, they're not wrong. They're actually dead on, and I would stake my business on that. Besides the point, there are some concerns with kind of zoning. Just to be quick, typically, when you're going from an RA one to a commercial, most development doesn't happen like that.

It usually, what happens is you kind of progressively go through that. And I think, you know, that's probably something that your zoning and, planning is probably looking at this and going, you know, there's really no way to accommodate it. And I I believe their recommendation is right. With that, I what is concerning with UDOT is typically UDOT has plans. I looked at their plans, and there's there's no plan, for this on UDOT's website.

Anyone can go on there and look at any plan at any time. Granted, they are probably talking to them, but UDOT changes all the time. I work with them, the Department of Interior, the Bureau of Reclamation, and there's nothing there. I would suggest that you hold off on this vote and collect some more information. Definitely look at the development. I do know that there's been a comment about development over here being commercial. This is our a this is all still residential zoning around that. Thank you.

Thank you. Who'd like me next?

Carolyn Fitman, 363 Brown Farm Lane. I think the point's been made about a 100 times that these roads are completely incapable of accommodating the massive new traffic that would be necessary in order to make this development something that is economically feasible. And just because there's no way to appropriately transition this area to the very high density commercial that the owner is seeking does not mean that the city should throw aside all of their past plans and all of the basically commitments made to the residents who own properties around here. The expectation that all of us had in purchase of our properties around here is that not necessarily that this would remain as residential one acre, but that it certainly would not be the highest density commercial that could even exist, especially with the issues that exist on these roads. It's been brought up at 3rd East is backed up anytime there's an issue on I 15.

That's at least every other day. It is nearly impossible, to get out in a timely manner during rush hour onto 3rd East currently and opening up 3rd East to a commercial property right across the street surrounded actually on three side two sides by multimillion dollar homes is pretty outrageous. And I think that all of the comments, most of the comments that have been made are reflective of the fact that nothing about this makes sense with the plan that Draper has put forward in the past. The assumptions that were not assumptions. The plans that were put in writing when the city made their plans that all of us had access to in purchasing our properties.

And then, you know, we've all seen what's happened on 1 23rd. It's hardly a navigable road anymore. The same thing will happen to 1 38th and the same thing will happen to Thirties. There will be no decent way to even get out of Draper onto the freeway or off of the freeway. So please reconsider and please ensure reconsider. I say that because I think decisions I'm around enough to know decisions are made before you even show up here. But I'm hoping that 3rd East will be cut off for traffic into this development. Makes absolutely no sense for those who actually live in Draper and pay the property taxes here. Thanks.

Thank you. Who'd like to be next? Anyone else? Alright. Seeing no further public comment, I'll close the public comment period and bring us back to the council. Applicant, if you want to readdress the council after the public comment, you're certainly entitled. Do you want to?

I point out two things. One is these levels of service that I showed to you earlier are all done at peak hour traffic and take into account the worst case scenario. And secondly, this traffic study was updated and your engineers have a copy of it in 10/30/2025 and 10/02/2025 12/02/2025. And the reason for those updates was the October 2025 was to reflect the new square footages in the building and the site plan, and the December 1 was to reflect the 30 exit. So the staff, your staff, engineering staff has those and that's where that came from.

I'll sit down unless you have any more questions.

I have a question about the intersections that you said were rated at a D. Does that reflect the newest traffic study that you're talking about in October

It does. This An

E is worse than D, is that correct?

Indeed it is.

Okay. I I just went through that intersection tonight. I would say it was probably not a d, but more like an e. So I'm just wondering what the what does the traffic level

happen you're talking about.

And 38th And Bangerter.

Yeah. That is clearly a D today at peak hour and sometimes could operate at an E, but that's peak hour. Throughout the day, at peak hour, it will be a D. When the center goes in, it will be a C after we put these improvements in until the center comes, and that's stated to clear out at two thousand and forty.

And from what I've seen when I've driven through there at peak hour, it seems like the issue is actually Bingater passed the freeway. And has any of that been addressed?

Would you repeat that one

more time? You can't it's not to me, doesn't seem like it's freeway traffic. That's the issue. It's crossing across the freeway on Bangater, staying on Bangater. Has that been addressed with UDOT?

Are you talking about traffic coming off of Bang off of the freeway onto Bangater?

No. I'm talking about Draper residents trying to leave or anyone in Draper trying to leave Draper going go to Riverton, you know, IKEA

West Bangerter, across the freeway.

Mhmm.

No. We just looked at this particular area to make sure it would function.

Okay.

Could you pull up those ratings? You had a slide on them.

Yeah. Todd, do you have those?

So my concern is this intersection here that goes from a d to a c back to a d. Is there any other options that would improve that rating so that it would not drop again?

Commissioner Lowry, I don't think so because we've taken into account, again, worst case scenario and all the options available within. We've expanded the right of way. We've added two left turns off of 138th to go south on Bangor Highway. And I think that that intersection, if I were to look at the data in more detail, would be a problem coming from the West going through that intersection and coming from the North going through that or excuse me, from the South going through the intersection. But a d in in the world of traffic is acceptable, when it gets down to an e and an f is when it gets to failure.

As I told the planning commission, and I don't think the residents appreciated it very much, but I tried to convince my dad for a long time that a d was acceptable in school. And that that that empirically doesn't add up, but a d in the traffic world is acceptable in terms of level of service.

I I've got a question with that too, Tasha, in that I'm trying to think why does it move from 2026 to 2040 from a c to a d. Is that really the impact of what's happening North of 138th, or is it just because in 2040, the population is gonna increase in other areas of Draper?

I think you've hit it right on. Don't mean to answer the question, but I think it reflects additional population and additional growth in this entire area, not just the center. The center doesn't cause that. It takes it out to 2040.

I did you have any more questions, Tasha, before I Go ahead. I had a question about, these road improvements that UDOT's working with and things. There's comments saying they don't see any of that on UDOT's site. This might be an answer, Todd, for the staff to answer, but can can we address that? Because the way I understand it, this project's underway for these improvements to be done regardless of what is going to be built on this property.

I can answer that if if you like. If you like staff too fine, otherwise, I can.

Yeah. If you I know Scott isn't able to be with us tonight, so maybe you can help fill in on that.

Yeah. Wouldn't be on UDOT site because the improvements are to non UDOT roads.

These roads are all owned by Draper City right now, and that's why you have approved them, and that's why it's not on UDOT's plan.

I think he's talking about North Of 150. UDOT hasn't drawn plans up for that. Correct?

No. Not yet.

No. But the But we have approached them, and, they are in the process of of, figuring out how to fund that and get it done in conjunction with these improvements that we're putting in.

You go back to the overall map of this project. Would you point out to me using the map where the exits are from the project and whether you can turn right or left at those points?

The exit onto 3rd East is right across from Browns Farm Lane. It will inter it'll intersect with that, and we can start there.

Okay.

The exit onto 138 is where the little notch comes out onto 138. The exit onto Bangater Highway is about midway up there. It's just You a

you can move that mouse, Duane. I think it'll

Okay. So

this exit

onto 1 38th.

Pardon me?

The exit onto 1 38th with the knot.

1 38th, if I can get this thing under control. That's that is a right turn in and a right turn out only. There's no left turn in there.

Okay.

The intersection of Bangor Highway and the new traffic signal I can't get it up there because there we go, will be approximately right there.

And what, how can you go there?

It's a traffic signal, you can go right in, right out and left in, but no left out because UDOT and Draper City, neither one of them wanted to stop traffic coming down Bangater Highway.

So no left out there?

No left out.

So so

the traffic coming on Bangater will continue to free flow.

Okay. So the people that live in South Mountain cannot turn left there to

get back to their homes?

They they cannot turn left to go

out. Okay.

They can turn left to go in. It will stop traffic coming north on demand.

K. Keep going.

Okay. And then the other entrance is at 150 East right here at this corner of the property. That too is right in, right out.

Okay. So anyone who lives up the mountain at all, how are they shopping here and then returning up the mountain?

They they can come out the January opening right there.

That frequently backs. It's going to be very hard to get all the way over to the left hand turn lane.

I think the traffic studies will show that with these new improvements and the traffic no longer backing up on 138th because of having to stop to get on to Bangor, it will free flow and there will be plenty of breaks in there where you can make that turn. Difficult movement will be for those people coming out of Rockwell Square and the traffic study clearly points that out. But they can come out there. They could also go out the 3rd East exit, turn right on 138th, come down and turn left and go up Bangerter Parkway.

But there's no way to turn left onto Bangater or 1 50th?

There is not. At UDOT's objection, and I think your Draper City engineers agreed with that too, that it didn't make any sense to stop that high high speed traffic coming south on Bangor Highway.

Why not left on 1 Hundred And 50 East?

Why is it yeah. Or somebody. Just because of proximity to the to the signal. It's

It's right there.

Access management says not to do that. K.

Any other questions for mister Rasmussen? Any questions for staff? Thank you, Duane.

Thank you very much.

Let me ask you one more question, Duane. We've heard these public comments, concerns around these substantial buffers, protection from lights, making them downward facing walls. Are those things that you have taken into consideration here?

Yes. Those are things that we think need to be addressed in the development agreement. And we will we will, in the development agreement, attach exhibits showing what will be built, how high it will be, how far the berm how high the berm is, how high the wall is on top of the berm, what you can see from the east of it. Again, there's no building in this development that's any higher than 35 feet high, which would be a two story home.

It's my understanding from staff that if this potential development agreement were not able to mitigate these concerns and we did not come to agreement, then any zone change would not go into effect.

That's been our conversation with staff to this point as well. It gives us a chance to work through that and I think address a lot of these concerns that I brought up tonight, that the neighbors have brought up, and to be able to bring that back to you in a form that will be acceptable to you. It may not always be. I don't think we can meet every concern that the neighbors have, but we're gonna try and do the best we can and accommodate this type of development.

Are you amenable to holding some meetings with the neighbors to Sure. Further investigate these concerns and what can be done to mitigate them?

Absolutely. I I I would point out that the staff wants this development agreement submitted by the December 29, and so I'm open to do that today, tomorrow, or early next week before Christmas.

Well, also believe we have until May to finalize approval. Is that

Just the application.

Okay. You. Yeah.

Anything else? Well, can I just restate the way I understood the things that you'd be looking at to mitigate in the development agreement? And was the the building height, landscape berm, a wall on top of that berm, no construction traffic on 300 East

or Construction and no delivery traffic. For the center eventually?

The ride in, ride out on 300 East. Also, there's been mention about the traffic study about being an a grade intersection. Also, a hawk signal on 300 East with the crosswalk. Right. And that the lighting would be controlled in a way that it could be downward or mitigated along those property owners. And then also, there was a note I think is I'm aware of that this size of store has been reduced from what we originally heard.

Well, if you go way back historically, there was a time there was a 120,000 square foot footprint on here. Now we're proposing about 100, plus or minus. But at the time we were talking about that, we didn't know what else was going to go on the site. For example, there was a time when we had a hotel in it. That's no longer a consideration and could be left out of the potential uses. It's just strictly retail at this point.

That was the other item, was that we also be able to limit what uses would be utilized on that property.

Yeah. And we're we're gonna propose a a list of those to the staff just as soon as we can get to it, and we'll take input from the neighbors as well. We're happy to do that.

K. Mister Barker, can you clarify that the application is due, but we'll still have plenty of time to address some of these valid concerns that have come up?

I'll defer to Jim, that that's my understanding.

Yeah. So the ordinance stipulates that they make their application for the development agreement by December 29, that gives us time to work on that and have that back and forth. Mister Rasmussen can have neighborhood meetings during that time as well with with the goal that by May, we've adopted and recorded a development agreement.

But that certainly is more time than December. Right? That gives us a six month period, really. Nailed it.

So I

just wanted you to know what the application has to be in.

Right. Yeah. You don't have the time pressure of neighborhood meetings within the next You can meet with the neighbors the next six months.

Now that we've talked no. We can't because we can't be making changes to it. But now that we've talked about it, it gives me an idea that maybe what we ought to do is submit a draft development agreement to the staff, have their opinion on that, and we'll take that to the neighbors and let them weigh in on what's in that, recognizing that we won't agree on all points, but we're happy to do that. You bet. Thank you. Sure.