This is an archived article that was published on sltrib.com in 2011, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Critics say a relationship between the lawyer for UTA and a member of its board traveled beyond transit to become inappropriate pressure for a zoning change on land at the mouth of Big Cottonwood Canyon.
But Cottonwood Heights and UTA officials say it's much ado about nothing.
In 2009, UTA general counsel Bruce Jones, then a Cottonwood Heights City Council member, encouraged the city planning director to change zoning on property owned by developer Terry Diehl, who also sits on the UTA Board of Trustees. A chain of emails between Jones and the planner details Jones' lobbying on behalf of Diehl.
Cottonwood Heights Mayor Kelvyn Cullimore and UTA Board Chairman Greg Hughes say there was nothing untoward about Jones' activity related to Diehl's canyon property.
Although Cullimore said nothing was amiss, his email from that period recognized the planning process was not followed: "It is regrettable that this process was initiated the way it was. ... These things are usually discussed well in advance of any formal presentation so we can ask questions and get comfortable with the proposal. None of that happened."
Jones said Thursday afternoon that there is no financial connection between him and Diehl.
"I even turned down a campaign contribution from him when I was running for office," Jones said.
But Carl Fisher, executive director of Save Our Canyons, and Will McCarvil of the citizens group CH Voters, says information gleaned from documents obtained through the state Government Records Access and Management Act show that Jones was pushing behind the scenes for a zone change on Diehl's land at the canyon mouth, where he wanted to build condominiums and restaurants.
The issue resurfaced this week after state Rep. Janice Fisher, D-West Valley City, called for a criminal probe of the UTA's selection of a FrontRunner commuter rail station at 12800 South in Draper, adjacent to property in which Diehl had a financial interest.
A sheaf of email between Jones, Black, Cullimore and others between Feb. 20, 2009, and Oct. 23, 2009, reveals repeated and detailed discussions surrounding Diehl's land and his wish to change zoning from single-family dwellings to one that would allow more density.
"When you look at the emails, it sure gives the appearance that a favor was being done by Bruce Jones for the developer who happens to be on the board at UTA."
Those communications came shortly after UTA selected land near 12800 South for a FrontRunner commuter rail stop and transit-oriented development in Draper. Development rights for the land were owned by a company called Whitewater Seven. In December 2008, Diehl acquired Whitewater Seven, according to a December 2010 report from the state Legislative Auditor General.
In her call for an investigation on Wednesday, Fisher cited the audit, which found Utah's conflict of interest law may have been violated by Diehl because he did not disclose early enough his financial interest in Whitewater Seven.
But it also states: "Allegations that [Diehl] had used his influence to steer the site selection of the Draper FrontRunner stop proved to be unsupported."
Jones said he has nothing to hide in either the Cottonwood Heights zoning or FrontRunner site selection. Because Diehl lived in his Cottonwood Heights council district, Jones said he was obligated to help him.
"I tried to act in good faith and do what was best for the city," he said.
Concerning the Draper site, Jones said he advised Diehl "that he must disclose [his interest in the Whitewater Seven], that he had to recuse himself [from discussion and voting] regarding the land."
The audit states that Diehl did eventually disclose the conflict and abstained from voting on anything to do with the Draper site.
And Diehl, too, said Thursday that Jones had done nothing wrong. In the end, the Cottonwood Heights zoning was not changed. The vote came after Jones left the council.
"Bruce Jones was my city councilman at the time," he said. "And Bruce Jones never voted on anything [in Cottonwood Heights]. So what's the big deal?"
But Cottonwood Heights resident Ann Ziegler said the proposed zone change in Cottonwood Heights took everyone by surprise and would have passed if residents hadn't objected at the last minute.
"It started in February, and we didn't hear about it until October. That isn't right," she said regarding the plan to rezone Diehl's land. "People were upset that the city would do that."