City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, APRIL 10, 2018, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Don Christensen, Councilmember At-Large Lars Nordfelt, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne Pyle, City Manager Angel Pezely, Deputy City Recorder Paul Isaac, Assistant City Manager/ HR Director Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Jim Welch, Finance Director Colleen Jacobs, Police Chief John Evans, Fire Chief Russell Willardson, Public Works Director David Moss CPD Jamie Young, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department OPENING CEREMONY Councilmember Nordfelt conducted the Opening Ceremony. He requested that members of the audience, City Staff, and the Council rise and recite the Pledge of Allegiance. SPECIAL RECOGNITIONS- SCOUTS Mayor Bigelow welcomed Scout Troop No.703 and 1034 attendance at the meeting to complete requirements for the Citizenship in the Community merit badge. APPROVAL OF MINUTES OF REGULAR MEETING HELD APRIL 3, 2018  MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -2- The Council considered the Minutes of the Regular Meeting held April 3, 2018. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held April 3, 2018. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Jesse DeOrtega expressed concern about a railway horn at 6400 W. and 4300 S, she’s lived there for 31 years. The train horn has gotten significantly more persistant in the past 18 months. All hours of the night 2 times a night 3 times a week. She’s spoken with Union Pacific and they have leased it to 2 other companies. She’s taken pictures and spoken with Russ Willardson. She’s will to do anything she can to help relieve this. No lights or cross arms are being used. She would appreciate help from the City in any way we can give it. Dorothy Taylor stated she has lived in the City for over 40 years. She has noticed things in the neighborhood has gone downhill. She wants to know why we aren’t enforcing ordinances and why we pick and choose who we enforce our ordinances. She’s concerned with the amount of homes being rented. Could there be some kind of ordinance on how many homes can be rented in a neighborhood. Most of the cities have ordinances enforcing large trucks and trailers and she feels we don’t enforce that and safety is an issue. Along 2700 W. in the summer the weeds get very high and it’s hard to see when she pulls out of her subdivision. She’s concerned that people aren’t parking in their driveways and it’s hard to travel down her street. She questioned how many families can live in one home. Thomas Jackson stated he attended the 4100 S. redevelopment public meeting. He feels that 4100 S. is a major cycling destination and if this development happens it will cause cycling deaths. We should not use public money to fund places for people to park their personal vehicles. How do we plan on improving life expectancy in our City? Mayor explained that he cannot engage in the conversation due to State Law. Kelly Burtoch expressed concern with how the City is run. Why do we have City Planners fighting for high density housing? We should be worried about traffic and crime. Why are we paying a City to promote development? He’s concerned about air quality. Why did we shut down Rocky Mountain Raceway? Where is code enforcement and why do we have the right to go in people’s backyards?  MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -3- B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-2-2017, FILED BY KENNETH OLSON, REQUESTING A GENERAL PLAN CHANGE FROM RURAL RESIDENTIAL (2 OR LESS UNITS/ACRE) TO LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) AND A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE OF 1/2 ACRE) TO RE (RESIDENTIAL ESTATE) FOR PROPERTY LOCATED AT 3755 SOUTH 5450 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled April 10, 2018, in order for the City Council to hear and consider public comments regarding application GPZ-2-2018, filed by Kenneth Olson, requesting a General Plan Change from Rural Residential (2 or less units/acre) to Large Lot Residential (2 to 3 units/acre) and a Zone Change from A (Agriculture, minimum lot size of 1/2 acre) to RE (Residential Estate) for property located at 3755 South 5450 West. Written documentation previously provided to the City Council included Information as follows: 5450 West has an eclectic mix of zoning, lot sizes, housing and street improvements. Moving from north to south, zoning varies from R-2-8, R- 1-8, R-1-10, A, and then back to R-1-8. Lot sizes vary from just under 6,000 square feet to over 3 acres. Roughly half of the homes on the street were built before 1950. The road is approximately ½ mile long, is tree lined along some sections, and is mostly devoid of curb, gutter, and sidewalk. The applicant has submitted a concept plan, which is attached, that shows the subject property being subdivided into 8 lots averaging just over 15,000 square feet and yielding a density of 2.5 units/acre. As a reminder, a concept plan is included to give the Council an idea of the potential number of lots and to show how the property could be developed. Generally speaking, concept plans have not been engineered, meaning that storm drainage, topography and utilities have not been accounted for. For this reason, concept plans are subject to change. Also attached is a copy of the proposed design guidelines and covenants for this project. MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -4- Included with this report is a sketch prepared by staff that shows a potential alternative design that utilizes a private street with a hammerhead for firetrucks. Under this design, no setback or lot width exceptions would be needed, all lots with frontage on 5450 West would have homes that face 5450 West and most of the existing trees could remain. Mayor Bigelow opened the Public Hearing. Jay Christopher – Mr. Christopher lives south of this property. He is for the zoning change because 8 half acre lots because of the maintenance issues and the water bills. He feels it will improve the street, neighborhood and the City. Julene Fisher – She lives on an acre that belonged to her grandmother that’s been in her family for more than a century. She supports her cousin in dividing their property. She accepts that her view will change. However, she never envisioned the type of development that this developer has brought to the Council. This property is unique to West Valley. For the sake of conservation they have been attempting more zero scaping. The zoning change that’s being requested would mar the beauty and essence of her street. No name given – the property that belonged to her family means a lot to her but she knows that life changes daily. We all have things we like and things we don’t. Several of the houses have been sold and it’s no longer in the family but the people who have moved in are still kind people. Ken Olson – he’s changed the development from stucco that the City Council requested. He agrees that the area is very nice and peaceful and that’s what drew them to the area. He doesn’t feel that ½ acre lots will be walled off and his plan preserves the characteristics of the area. He feels that the plans to rezone are much better than the plans without the rezone. Kelly Burtoch – he grew up on this street and there’s a lot of history. He hopes for the sake of these people we don’t allow to split this property. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 18-03, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM RURAL RESIDENTIAL (2 OR LESS UNITS/ACRE) TO LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) FOR PROPERTY LOCATED AT 3755 SOUTH 5450 WEST The City Council previously held a public hearing regarding proposed Ordinance 18-03 that would amend the General Plan to show a change of land use from rural MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -5- residential (2 or less units/acre) to large lot residential (2 to 3 units/acre) for property located at 3755 South 5450 West. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Ordinance 18-03. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt No Mayor Bigelow Yes Approved by majority. ACTION: ORDINANCE NO. 18-04, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FROM A (AGRICULTURE, MINIMUM LOT SIZE OF 1/2 ACRE) TO RE (RESIDENTIAL ESTATE) FOR PROPERTY LOCATED AT 3755 SOUTH 5450 WEST The City Council previously held a public hearing regarding proposed Ordinance 18-04 that would amend the Zoning Map to show a change of zone from A (Agriculture, minimum lot size of 1/2 acre) to RE (Residential Estate) for property located at 3755 South 5450 West. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Lang moved to approve Ordinance 18-04. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -6- Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt No Mayor Bigelow Yes Approved by majority. ACTION: RESOLUTION NO. 18-15, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH KENNETH OLSON FOR APPROXIMATELY 3.2 ACRES OF PROPERTY LOCATED AT 3755 SOUTH 5450 WEST Mayor Bigelow presented proposed Resolution 18-15 that would authorize the City to enter into a Development Agreement with Kenneth Olson for approximately 3.2 acres of property located at 3755 South 5450 West. Written documentation previously provided to the City Council included information as follows: Kenneth Olson has submitted an application (GPZ-2-2017) on 3.2 acres to change the zoning from A (agriculture, minimum lot size ½ acre) to RE (residential estate) and to change the General Plan from rural residential (2 or fewer units per acre) to large lot residential (2 to 3 units per acre). The Planning Commission recommended approval of the General Plan/zone change subject to a development agreement. Below is the list of standards from the development agreement:  The maximum number of single family detached homes shall be 8.  All new homes shall meet the standards outlined in Part 2 of Chapter 11 of Title 7 with the following exceptions: o Up to 20% of the roof of new homes may be a flat roof. o Stucco shall be allowed as an exterior material on side and rear elevations. No stucco shall be allowed on front elevations.  A minimum of 5’ of landscaping shall be provided between the driveway and the side property lines back 20’ from the curb.  All new homes shall include a three-car garage.  Two story homes shall have a minimum of 1,700 square feet of finished floor area on the main level.  A minimum of 30% of the front facing walls shall be stone or brick.  All foundation walls more than 18 inches above grade shall be  MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -7- veneered with a finished material.  Garage doors shall be grained in texture. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Resolution 18-15 subject to the removal of items 9 and 10 in the development agreement. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Approved unanimously. RESOLUTION 18-37: AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN WEST VALLEY CITY AND CLINT DRAKE TO PROVIDE EMPLOYEE DISCIPLINE HEARING OFFICER SERVICES TO WEST VALLEY CITY Mayor Bigelow discussed proposed Resolution 18-37 that would authorize the execution of an Agreement between West Valley City and Clint Drake to provide Employee Discipline Hearing Officer Services to West Valley City. Written documentation previously provided to the City Council included information as follows: The City Manager appoints an Employee Discipline Hearing Officer pursuant to West Valley City Code §3-11-101. Previously, a public hiring process was conducted and Drake was selected as the best candidate to fill the position. Drake was selected by a committee consisting of a City Council member, a citizen, and a member of the City’s Human Resources team. Drake was appointed on October 20, 2015 by Resolution 15-168. Drake conducted one hearing during the last contract period and received no complaints from either side.  MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -8- Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Resolution 18-37. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 18-38: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT WITH FIDUCIARIES, LLC, TRUSTEE OF THE 6400 WEST TRUST (GRANTORS) AND TO ACCEPT A TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 3974 SOUTH AND 6400 WEST (14-34-430-014) Mayor Bigelow presented Resolution 18-38 that would authorize the City to enter into a Right-of-Way Contract with Fiduciaries, LLC, Trustee of the 6400 West Trust (Grantors) and to accept a Temporary Construction Easement for property located at 3974 South and 6400 West (14-34-430-014) Written documentation previously provided to the City Council included information as follows: The 6400 West Trust parcel located at 3974 South 6400 West is one of the properties affected by the 6400 West Utah and Salt Lake Canal Bridge Replacement Project. This project will reconstruct the canal bridge on 6400 West at approximately 3980 South. No additional right-of-way is needed from the 6400 West Trust parcel, however a Temporary Construction Easement is needed to facilitate construction of the project. Compensation for the purchase of the Temporary Construction Easement and  MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -9- improvements is $100.00 based upon the compensation estimate prepared by Integra Realty Resources. The project is being funded under the Surface Transportation Program (STP) with federal funds. West Valley City executed the Federal Aid Agreement between UDOT and Federal Highways. The city is responsible 6.77% of all project costs, including right of way. The city’s portion of the matching funds on the project will be paid to UDOT. The total value of the Temporary Construction Easement is $100.00, making the West Valley City share of the easement $6.77. B. RESOLUTION 18-39: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT WITH JOHN W. MADDOCKS, TRUSTEES OF THE JOHN AND LINDA MADDOCKS FAMILY TRUST (GRANTORS), AND TO ACCEPT A TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 3950 SOUTH AND 6400 WEST (14-34-430-011) Mayor Bigelow presented Resolution 18-39 that would authorize the City to enter into a Right-Of-Way Contract With John W. Maddocks, Trustees of the John and Linda Maddocks Family Trust (Grantors), and to accept a Temporary Construction Easement for property located at 3950 South and 6400 West (14-34-430-011) Written documentation previously provided to the City Council included information as follows: The John and Linda Maddocks Family Trust parcel located at 3950 South 6400 West are among the properties affected by the 6400 West Utah and Salt Lake Canal Bridge Replacement Project. This project will reconstruct the canal bridge on 6400 West at approximately 3980 South. No additional right-of-way is needed from the John and Linda Maddocks Family Trust parcel; however a Temporary Construction Easement is needed to facilitate construction of the project. Compensation for the purchase of the Temporary Construction Easement and improvements is $4,150.00 based upon the compensation estimate prepared by Integra Realty Resources. The project is being funded under the Surface Transportation Program (STP) with federal funds. West Valley City executed the Federal Aid Agreement between UDOT and Federal Highways. The city is responsible 6.77% of all project costs, including right of way. The city’s portion of the matching funds on the project will be paid to UDOT. The total value of the Temporary Construction Easement is $4,150.00, making the West Valley City share of the easement $280.95.  MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -10- Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Resolution 18-38 and 18-39. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Christensen voted in favor to adjourn. Mayor Bigelow indicated that a closed session would be held regarding pending litigation following a 10 minute break. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, APRIL 10, 2018, WAS ADJOURNED AT 7:42 P.M. BY MAYOR BIGELOW. I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Regular Meeting of the West Valley City Council held Tuesday, April 10, 2018. _______________________________ Angel Pezely Deputy City Recorder  MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -11- THE WEST VALLEY CITY COUNCIL RECONVENED IN CLOSED SESSION ON TUESDAY, APRIL 10, 2018, AT 7:52 P.M., IN THE MULTI-PURPOSE ROOM, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER BY MAYOR BIGELOW. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne Pyle, City Manager Angel Pezely, Deputy City Recorder Paul Isaac, Assistant City Manager/ HR Director Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Brandon Hill, Acting City Attorney Sam Johnson, Public Relations Director Colleen Jacobs, Police Chief The City Council met in Closed Session and discussed pending litigation. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY CITY COUNCIL, THE CLOSED SESSION OF APRIL 10, 2018 WAS ADJOURNED AT 8:14 P.M. BY MAYOR BIGELOW. __________________________________ Angel Pezely – Deputy City Recorder MINUTES OF COUNCIL REGULAR MEETING – APRIL 10, 2018 -12-