City Council

10000 Centennial Parkway Sandy City, Utah Sandy, UT 84070 Phone: 801-568-7141 Meeting Minutes City Council Brooke Christensen, District 1 Alison Stroud, District 2 Kristin Coleman-Nicholl, District 3 Monica Zoltanski, District 4 Marci Houseman, At-large Zach Robinson, At-large Cyndi Sharkey, At-large Tuesday, October 13, 2020 5:15 PM Online Meeting 5:15 Council Meeting 5:15 pm Council Chair Zach Robinson welcomed those in attendance. Chair Robinson read a statement regarding the continuation of virtual City Council meetings without an anchor location. Roll Call Present: 7- Council Member Alison Stroud Council Member Kristin Coleman-Nicholl Council Member Zach Robinson Council Member Monica Zoltanski Council Member Marci Houseman Council Member Cyndi Sharkey Council Member Brooke Christensen Sandy City, Utah Page 1 Printed on 11/4/2020 City Council Meeting Minutes October 13, 2020 Council Staff: Mike Applegarth, Executive Director Dustin Fratto, Assistant Director Liz Theriault, Communications & Policy Analyst Tracy Cowdell, Council Attorney Christine Edwards, Council Clerk Administration: Mayor Kurt Bradburn Matt Huish, CAO Bob Thompson, City Attorney James Sorenson, Community Development Director Bruce Cline, Chief, Fire Department Scott Earl, Parks and Recreation Director Darien Alcorn, Senior Civil Attorney Jake Warner, Long Range Planning Manager Richard Benham, Public Utilities Engineering Manager Ryan Kump, City Engineer Prayer / Pledge of Allegiance 5:17 pm Council Member Zoltanski offered the prayer. Council Member Stroud led the pledge. Non-voting Items 5:20 pm Agenda Planning Calendar Review & Council Office Director's Report 5:20 pm Mike Applegarth, Executive Director, informed the Council of recent upgrades to the system in the Council Chambers. He also updated members of upcoming agenda items. Sandy City, Utah Page 2 Printed on 11/4/2020 City Council Meeting Minutes October 13, 2020 Council Member Business 5:22 pm Council Member Zoltanski thanked Chief Severson and the police department for organizing the virtual Night Out Against Crime. A link to the presentation is available on the website and she reminded the public to register to vote. Council Member Houseman spoke about an artistic mural that will be painted at the Sandy Club. The mural will feature diversity. She also acknowledged the Canyons School District teachers, principals and employees for their efforts to educate our students during these extraordinary times. Council Member Stroud gave an update from the Sandy Arts Guild. She also spoke about the upcoming election and the community response. Mayor's Report 5:29 pm Mayor Bradburn spoke about Governor Herbert's press conference and the impact of the new Covid restrictions on Sandy City. He also mentioned that all benefitted city employees will be receiving a stipend to help offset work-related costs associated with working from home or hazard pay. He acknowledged Scott Earl, Parks and Recreation Director, who is retiring from Sandy City. Mayor Bradburn offered a heartfelt thank you to Scott Earl for his friendship and his 35 years of service to Sandy City and our residents. Scott Earl thanked the Council and staff for their support and trust and for believing in the Parks and Recreation Department. He spoke about togetherness and acknowledged and thanked his outstanding staff. CAO Report 5:37 pm Matt Huish acknowledged Scott Earl and thanked him for his service. He informed the Council of the upcoming employee survey and asked the Council if they wanted to be included in the survey questionnaire. Council Member Robinson asked that Administration work with Mike Applegarth regarding the survey. He introduced Bruce Cline, Fire Chief, to update the Council on the new dispatch system. Chief Cline explained how the new emergency dispatch platform will work - emergency fire responders will be dispatched based on proximity to the location of the emergency, with the closest unit dispatched first. Information Items 5:43 pm Sandy City, Utah Page 3 Printed on 11/4/2020 City Council Meeting Minutes October 13, 2020 1. 20-359 Utah Ranked Choice Voting (URCV) requesting that the Council receive a presentation on ranked choice voting Attachments: URCV Information Sheet Presentation Sandy City Recorder Memorandum 5:43 pm Taylor Morgan and David May presented on Utah Ranked Choice Voting (URCV). They informed the Council on the background and history of URCV and discussed the advantages of utilizing ranked choice voting. They also discussed the potential fiscal savings associated with using URCV. Council comments and questions followed. At 6:05 pm, Council heard Citizen Comments before proceeding with Item 2 on the Agenda. 2. 20-349 Community Development Department providing a review of the Stadium Village Master Plan. Attachments: UT-Sandy - Stadium Village Master Plan - ADOPTED (06-28-19) 6:16 pm Jake Warner, Long Range Planning Manager, presented on the Stadium Village Master Plan. He provided information on the background and history of the master plan. He also reviewed the Cairns Master Plan with the Council, which was adopted in 2017. He also discussed influencing factors that were considered in formulating the Stadium Village Master Plan: market realities, zoning, open spaces and parking. Council comments followed. At 7:08 pm, the Council unanimously agreed to recess for 5 minutes. At 7:13 pm, the Council meeting reconvened. Voting Items 7:13 pm Council Items 7:13 pm Sandy City, Utah Page 4 Printed on 11/4/2020 City Council Meeting Minutes October 13, 2020 3. ZONE-03-20- Community Development Department presenting a rezone application (File 5825(CC) #ZONE-03-20-5825, Orchards at Farnsworth Farms Rezone) on behalf of DAI, requesting that 10.07 acres located at 11228 S. 700 E. be rezoned from the R-1-40A Zone to the PUD(12) Zone. Attachments: PC Staff Report (6.4.20) PC Minutes (6.4.20) Neighborhood Meeting Summary 5.18.20 Ordinance #20-04-Farnsworth (9.29.20) Council Office Memo on Council Options for Farnsworth Farms Email to Council Office from City Attorney's Office APA Utah Article Public comment e-mails at time of agenda publication 10-9 Farnsworth Presentation 2 Resident Emails (as of 10.12.20) Public Comment 10-9 through 10-13 (3 PM) 7:13 pm Jake Warner, Long Range Planner, presented a rezone application on behalf of DAI for the area located at the Orchard at Farnsworth Farms from a current zone of R-1-40A Zone to a PUD (12) Zone. He provided information about the parcel and the surrounding area. The Planning Commission did not forward a positive recommendation. Nate Shipp and Joe Salzbury with DAI, discussed the proposed plans for their development. They discussed the concerns and feedback they received from residents and the Planning Commission. DAI redesigned the development concept plan based on the feedback received. In addressing the concern about density, the revised concept plan has twenty fewer units and more open space than the original submittal. Council comments, questions and discussion followed. Council Member Zoltanski reviewed the results from a recent resident survey which provided citizen feedback related to the proposed development. Discussion also included an explanation of the zoning requested by the developers. Public Comment: 8:09 pm Dustin Fratto provided instruction on how to participate in public comment. Mr. Shane Duffin expressed support for the project and appreciated Council Member Zoltanski's efforts. Mr. Don Conn expressed concern about the proposed development and thinks there are too many townhomes in Sandy City. He also mentioned that he had not been notified of the potential development proposals. Ms. Jan Herr, with a neighboring condo association, was pleased with the revised development plan. She had questions and concerns regarding the impact on water pressure, fencing and the possibility of medians on 700 East. Sandy City, Utah Page 5 Printed on 11/4/2020 City Council Meeting Minutes October 13, 2020 Mr. Braden Blair expressed concerns with the project and the need for the revised concept plan to go back through the review process. Mr. Eric Johnson spoke about the traffic study and expressed concern with the impact of traffic on 114th South. He also expressed concern with the move away from single family homes. Mike Applegarth, Council Executive Director, clarified the process of public comments to the Council. Mr. John Annunziata supports the proposal and commended the developers for their efforts. Mr. Dan Nelson expressed concerns about the water pressure in the area. He withdrew that concern after speaking to city staff. He did not support the project due to the high density. Ms. Jodi Hadfield expressed concerns about the parking requirements. She was not in support of the project. Mr. Nick and Ms. Diane Wright expressed support for the project. Ms. Laura Lunceford expressed concern about the townhomes becoming investment rentals and the impact on traffic. Mr. Andy Welch commended the developers for their efforts to maintain historical elements. Ms. Lucy Du expressed concern about the density of the project and the impact on traffic and the character of Sandy. She was not in support of the rezone and asked the Council to vote No. Ms. Cathy Spuck commended the developers for preserving and including historical elements into the plan. She wondered if single family patio homes were considered as an option. She expressed concern about the impact on traffic on 110th South. Mr. David Diels thinks the developers have done a wonderful job. He expressed some concern about the zoning and thought the zoning should be a PUD 10. He expressed concern about the impact on traffic and the access off 700 East into a gated community. He would like to see the applicant go back through the review process. Mr. Brent Barker was concerned about the high density and potential issues with parking and increased crime. He was not in support of the project and asked the Council to vote No. Ms. Shana Davis expressed concerns about the high density. She would like the zoning to stay at single family homes. Mr. Andrei Tarassov was concerned about the rezone and would like to see the applicant go back through the process and follow the rules of the city. Mike Applegarth, Council Executive Director, informed the Council that forty-two written comments on this agenda item were sent to the council office via email. All of the email correspondence was forwarded to each of the City Council members prior to this Sandy City, Utah Page 6 Printed on 11/4/2020 City Council Meeting Minutes October 13, 2020 evening's meeting. The emails were also attached to the agenda item and all of the emails were part of the public record. Council discussed their rules and procedures regarding the reading of the emails at the meeting. The Council members acknowledged that they had read the emails prior to this evening's meeting and after further discussion, the council decided to dispense with the reading of the emails and made a motion as such. A motion was made by Kris Nicholl, seconded by Brooke Christensen to dispense with the reading of the emails at the Council meeting. The motion carried by a roll call vote of 5 - 2. Monica Zoltanski and Marci Houseman opposed. Public Comment Closed. Chair Robinson re-opened public comment at 8:55 pm and invited those in the public who had submitted a written comment via email and that email was included in the forty-two emails received by the Council Office and was therefore part of the public record, to speak at this time. Mr. Dan Pennock feels the residents in the area needed more time to express their thoughts on the new development plan. He thinks the zoning should remain as is and the area should remain zoned for single family homes. Public Comment Closed. A lengthy Council discussion followed public comment. Council members expressed their appreciation to the developers for their efforts to redesign the concept plan and for addressing neighbors' concerns, as well as the feedback from the Planning Commission. They discussed various zoning options, conditional zoning agreements, development agreements and whether the new concept plan should go back to the planning commission for review. Tracy Cowdell, Council Attorney, suggested some options for the Council to consider. A motion was made by Brooke Christensen, seconded by Kris Nicholl, to direct staff and council for the city, to pursue negotiation of a development agreement with the developer, present the development agreement to the planning commission for its consideration and recommendation, and bring back the development to the Council within eight weeks, for its approval. The development would be based on a PUD 10 and the concept plan presented tonight to the Council. The motion failed by a roll call vote of 5 - 2 with Brooke Christensen and Kris Nicholl dissenting. Council Member Zoltanski suggested a motion of a PUD 8 to the developers. Mr. Shiff stated that he would need more time to consider and review this option. Council discussion continued. A motion was made by Cyndi Sharkey, seconded by Marci Houseman, to not adopt Ordinance #20-04, an ordinance amending and fixing the boundaries of a zone district of the Sandy City Zoning Ordinance; denying the proposed zone change of approximately 10.07 acres located at 11228 S. 700 E. rezone from R1-40A to PUD 12. The motion was withdrawn by Cyndi Sharkey with consent from Marci Houseman. Sandy City, Utah Page 7 Printed on 11/4/2020 City Council Meeting Minutes October 13, 2020 Council discussion followed. Discussion included the option and process to remand the application back to the Planning Commission. Staff and legal council commented on the process to remand the application back to the Planning Commission for review. Tracy Cowdell suggested the following language could be included in a Council motion to remand the applicant back to the Planning Commission: To remand back to the Planning Commission, to be heard as soon as possible, subject to any public noticing requirements, for a specific review of the updated concept plan and a PUD 10 condition and ask for a review of these specific items, and make a recommendation to the Council, in addition to holding a public hearing. Following Mr. Cowdell's remarks, a motion was made. A motion was made by Cyndi Sharkey, seconded by Marci Houseman, to remand back to the Planning Commission, for an amendment of the application of DAI for a PUD 10 and the concept plan submitted, as soon as possible. The motion carried by a roll call vote of 4 - 3. Brooke Christensen, Kris Nicholl, Monica Zoltanski opposed. Council had a discussion, prior to voting on the motion. Mr. Shipp thanked the Council. He asked for further clarifications and will reach out to Community Development staff and to James Sorenson, Community Development Director to discuss the details and requirements of the remand process. 6:00 Time Certain Items and Public Hearings 6:05 pm Citizen Comments 6:05 pm Dustin Fratto provided instruction on how to participate in the public comment. Mr. Dan Nelson had a comment on Item 3 on the agenda. He was directed to share his comment during the time Item 3 was being discussed. Ms. Lucy Dew offered a comment about the URCV presentation. Ms. Linda Martinez Saville acknowledged Scott Earl and thanked him for his service to Sandy City and expressed what an honor it was to have worked with him. She sent her best wishes to both Scott Earl and Bob Thompson. Mr. David Diel expressed his support for the use of URCV. Public Comment closed. Adjournment 10:42 pm The Council unanimously agreed to adjourn the meeting at approximately 10:42 pm. Sandy City, Utah Page 8 Printed on 11/4/2020