City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, JUNE 19, 2018, AT 6:37 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 Nichole Camac, City Recorder Paul Isaac, Assistant City Manager/ HR Director Steve Pastorik, Acting CED Director Eric Bunderson, City Attorney Jim Welch, Finance Director Colleen Jacobs, Police Chief John Evans, Fire Chief Russell Willardson, Public Works Director Layne Morris, CPD Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department Rachel White, Legal Department Jody Knapp, CED OPENING CEREMONY Mayor Bigelow conducted the Opening Ceremony. He invited Rachel White, Legal Department, to the podium. Ms. White read two poems titled Desert Sonnet and Salt Lake Psalm. SPECIAL RECOGNITIONS- SCOUTS  MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -2- Mayor Bigelow welcomed Scout Troop No. 4273 attendance at the meeting to complete requirements for the Citizenship in the Community merit badge. APPROVAL OF MINUTES OF REGULAR MEETING HELD JUNE 12, 2018 The Council considered the Minutes of the Regular Meeting held June 12, 2018. There were no changes, corrections or deletions. Councilmember Buhler moved to approve the Minutes of the Regular Meeting held June 12, 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 Mike Markham stated that he is going through the Citizens Academy. He indicated that he feels it’s very important that everyone learn CPR but feels it’s important that the City purchase more Lucas compressors. Mr. Markham stated that this would be valuable for the Fire Department and paramedics. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Don Christensen commended Mr. Markham on attending the Citizens Academy. He indicated he did it 15 years ago and it was very valuable. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-4-2018, FILED BY PAUL GARBETT, REQUESTING A GENERAL PLAN CHANGE FROM LOW DENSITY RESIDENTIAL (3 TO 4 UNITS PER ACRE) TO MEDIUM DENSITY RESIDENTIAL (7 TO 12 UNITS PER ACRE) AND A ZONE CHANGE FROM R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) FOR PROPERTY LOCATED AT 5332 WEST HIGHBURY PARKWAY Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled June 19, 2018, in order for the City Council to hear and consider public comments regarding application GPZ-4-2018, filed by Paul Garbett, requesting a General Plan Change from Low Density Residential (3 to 4 Units Per Acre) to Medium Density Residential (7 to 12 Units Per Acre) and a Zone Change from R-1-8 (Single Unit Dwelling Residential) to RM (Multiple Unit Dwelling Residential) for property located at 5332 West Highbury Parkway. MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -3- Written documentation previously provided to the City Council included Information as follows: Paul Garbett with Garbett Homes has submitted a General Plan/zone change application for 12.85 acre parcel located at 5332 W Highbury Parkway. The property is currently zoned R-1-8 (single unit dwelling residential, minimum lot size 8,000 square feet) with a General Plan designation of low density residential (3 to 4 units/acre). The proposed zone is RM (multiple unit dwelling residential) and the proposed General Plan designation is medium density residential (7 to 12 units/acre). The applicant is planning to develop the property into a townhome project with 153 units as shown in the attached concept plan. The proposed townhomes are two stories and each unit would have a two-car garage. The proposed density of the project is 12.0 units/acre. Also included with this report is a letter from the applicant supporting this application. When the City Council approved the General Plan/zone change in 2012 on what is now the Pinnacle at Highbury Apartments, Suburban Land Reserve (SLR), the landowner of the subject property and Pinnacle at Highbury property, committed in a development agreement to develop the subject property as single family detached homes. The Council initially denied the request for RM zoning in April of 2012 when there was no commitment on the subject property. However, the following month the Council approved the zone change to RM with the commitment of single family detached homes on the subject property. The attached emails and petition from neighboring residents are in opposition to this application. Mayor Bigelow opened the Public Hearing. Matt MacPherson stated that he loves living in the City and wants to continue to do so in the future. He indicated that there are not a lot of options for larger homes if families want to upgrade. Mr. MacPherson stated that he has been attending the Citizens Academy program and enjoys being involved in the community. He added that he feels the City is moving in a positive direction and hopes it continues to do so. Mr. MacPherson encouraged the Council to vote no on this proposal. Darrin Blanchard stated he saw the new plan proposed by Garbett and feels it’s too tightly packed and provides insufficient parking. Mr. Blanchard stated that the MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -4- proposed community does not feel like “home”. He thanked the City for their efforts on parking solutions in the community but added that there are still issues. He indicated that this development will increase that and added that Garbett already has a parking problem and they haven’t even built yet. Mr. Blanchard stated that he loves living in the City and Highbury is a very nice community with wonderful amenities. He stated that he hopes the City Council denies this application and holds builders to the higher standards that have been set. Nicole McCray stated that Highbury owners have stood before the Council over the past few months to express their love of the community. She stated that low density should remain on the proposed property because there is already too much high density in Highbury as it is. Ms. McCray stated that larger homes can be built with high energy efficiency as well. She added that parking will become an issue if zoning is changed and encouraged the Council to leave the parcel zoned for Single Family. Jason Miller stated that he agrees with the previous speakers. He indicated he opposes any rezoning and asks that the Council keep the parcel zoned for single family. Mr. Miller stated that a compromise was made to allow Pinnacle Apartments to be built and that required this parcel to remain single family. He stated that West Valley City does not have enough nice single-family homes and asked that the Council leave the zoning as it is. Paul Garbett, the applicant, provided a PowerPoint presentation (attached) and discussed each slide. Mayor Bigelow asked what size the proposed smaller single- family homes would be. Mr. Garbett replied 2,000-2,600 square foot home sizes on 4,000- 4,500 square foot lots. Steve Vaughn, representing the applicant, stated that he does energy work for Garbett Homes and provides Code testing throughout northern Utah. He stated that he has worked with Garbett for several years and has watched them move to the high energy efficiency levels they are proposing with this project. Mr. Vaughn stated that there is no comparison to their energy efficiency. Councilmember Fitisemanu asked if single family residences can meet the high level of energy efficiency proposed as well. Mr. Vaughn replied yes. The Mayor asked how much energy this proposal could potentially save a homeowner. Mr. Vaughn explained specific numbers and energy ratings. He stated that multi-family units are very successful sellers in today’s market, particularly with millennials. Mr. Garbett stated that energy efficiency is basically two times better with Garbett’s product. He indicated Garbett is building at 2032 standards while everyone else is building at 2009 standards per the Legislature. MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -5- Mayor Bigelow asked if the basement is included in the home sizes. Mr. Garbett replied yes but added that the water table is still being evaluated. Mayor Bigelow indicated that Garbett is stating that the tradeoff for a smaller lot and smaller home is a more energy efficient house. Mr. Garbett replied yes. Mayor Bigelow clarified some of the interior upgrades. Kevin Houseman stated that he has made friends in this neighborhood. He indicated that he is against the zoning change and hopes the City makes a good decision. Brandon Paul stated that he is on the HOA board and also wants to speak as a homeowner. He indicated that the canoe video provided by Garbett is really nice and if Garbett provides a free canoe to all homeowners, it might actually get used in the way they hope. However, Mr. Paul stated that there is a lot of garbage along the waterway that Garbett does not show in their video leftover from homeless people in the area. Mr. Paul stated that the proposed units don’t have sidewalks and indicated that, as a millennial, he is not impressed with the proposed project. He stated that he appreciates the energy efficiency but doesn’t like the units being so close to one another. Mr. Paul indicated that he likes things about the project and is appreciative of Garbett in voluntarily meeting a future energy standard but feels the lots are too small and too tightly packed. He stated that he doesn’t feel large lots and large homes are necessarily appropriate either but a middle ground should be met. Mr. Paul expressed frustration that Garbett came to the Council with the townhome idea after meeting with residents and hearing their concerns. Curtis Reed stated that he has a 2014 Ivory Home with solar panels. He indicated that homeowners also have the option of a tankless or natural gas water heater. Mr. Reed stated that his energy bill is $60 a month. He stated that people need options of bigger lots and bigger homes and he encouraged the Council to leave zoning at low density. Mr. Reed stated that Garbett encourages energy efficiency but by adding more homes into the area, more cars will be coming into the neighborhood which will increase pollution in the community. Darrin Blanchard stated that packing twice as many homes and reducing the energy efficiency by half into one area creates a net zero for the community. He stated that the community met with Garbett the previous day and discussed single family homes and yet they came before the Council displaying townhomes still which feels disingenuous. Mr. Blanchard stated that the small single family lots are too close to one another and still feel like townhome units. He added that he is certainly not opposed to energy efficient homes but feels it can still be done with single family. Scott Howell, representing the applicant, stated that people everywhere are concerned about clean air. He stated that he searched across the State and became MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -6- familiar with Garbett in his effort to find a solution to this problem. Mr. Howell stated that his team met with residents in Highbury, heard their concerns, and want to find a solution that will make everyone happy. He stated that it was explained to the residents that since this application was already scheduled, it had to come before the Council as townhomes. Mr. Howell indicated that the Garbett team plans to meet with the entire HOA and hopes to continue to meet with the City to find a good compromise for a project that will work with everyone. He indicated that Garbett cannot develop a successful project at this location with the current ordinances set by the City because it will not work for the current market or economy in this location. David Hammond stated that he is against this proposal and feels there needs to be a reason for people to stay in the area. He indicated that townhomes and small lots are temporary and don’t provide a reason for people to stay. Mr. Hammond stated that large homes and large lots give reason for investment in the community. He questioned what the incentive is besides energy efficiency. Ellen Hammond stated that the community likes energy efficiency but is very concerned about parking. She indicated that this issue was barely solved with the Pinnacle Apartments and the neighborhood doesn’t want more density and more parking problems. Ms. Hammond stated that she and her husband saved for many years to build their home in this neighborhood and plan to stay here for the rest of their lives. She stated that if more density is constructed, they may have to leave the City to find a quieter place to live. Paul Garbett stated that there are sidewalks on the site plan. He indicated that his team is happy to meet with neighbors and the Council to find a solution. Jason Miller stated that Garbett’s presentation was all about energy efficiency. He indicated that the community has no concern with Garbett and feel they are likely a great builder. He added that energy efficiency is also great. Mr. Miller stated that the community simply doesn’t want multi-family. Charles Hurst agreed with Mr. Miller and stated that he not opposed to Garbett. He indicated that there are just under 200 single family homes in Highbury but over 300 townhomes (half of which are rented) and 500-600 apartments. He indicated that this doesn’t create a sense of community and families want the option of moving into bigger homes. David Hammond stated that would like to have conversations with the Council and the neighborhood. MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -7- Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 18-22, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM LOW DENSITY RESIDENTIAL (3 TO 4 UNITS PER ACRE) TO MEDIUM DENSITY RESIDENTIAL (7 TO 12 UNITS PER ACRE) FOR PROPERTY LOCATED AT 5332 WEST HIGHBURY PARKWAY ON 12.85 ACRES The City Council previously held a public hearing regarding proposed Ordinance 18-22 that would amend the General Plan to show a change of land use from Low Density Residential (3 to 4 units per acre) to Medium Density Residential (7 to 12 units per acre) for property located at 5332 West Highbury Parkway on 12.85 acres. Councilmember Buhler stated that the Council’s role is to vote on what is before them which is a zone change to ‘RM’. This doesn’t include amenities or other options, these would be incorporated into a Development Agreement. He indicated that from what he has heard about the proposed townhomes and in looking at the surrounding area, he doesn’t feel this is an appropriate location for the development. However, he added that he hopes Garbett finds an appropriate location for the townhomes because he feels they are a quality project. Councilmember Buhler stated that he was on the Council when the Pinnacle Apartments were approved and he doesn’t feel the circumstances have changed to warrant a modification to the zoning on this property. 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 deny Ordinance 18-22. Councilmember Huynh seconded the motion. Councilmember Nordfelt commended the residents of Highbury. He stated that they have shown they are a great community and encouraged the residents to stay in the City. Councilmember Nordfelt also commended Garbett and stated that this is a great idea but isn’t the right place for high density. He stated that he hopes they can find a single-family option that will work. Councilmember Christensen agreed with Councilmember Nordfelt. He stated that the proposed units look great and the energy efficiency is also great. He indicated that Garbett should work with staff moving forward and added that staff passes all the information onto the Council without modification or falsification. MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -8- Councilmember Buhler stated that the Council votes as a body. He indicated that he may say one thing but that doesn’t mean other members of the Council will agree and the group as a whole only votes on what is brought before them. Councilmember Buhler acknowledged that it is tough to find something that makes everyone happy so he would advise to simply provide the absolute best product possible and see how the Council votes. 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. Denied. ACTION: ORDINANCE NO. 18-23, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 5332 WEST HIGHBURY PARKWAY ON 12.85 ACRES FROM R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) The City Council previously held a public hearing regarding proposed Ordinance 18-23 that would amend the zoning map to show a change of zone for property located at 5332 West Highbury Parkway on 12.85 acres from R-1-8 (single unit dwelling residential) to RM (multiple unit dwelling residential). 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 deny Ordinance 18-23. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes  MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -9- Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. Denied. ORDINANCE 18-24: REPEAL AND REENACT TITLE 17 OF THE WEST VALLEY CITY MUNICIPAL CODE Mayor Bigelow discussed proposed Ordinance 18-24 that would repeal and reenact Title 17 of the West Valley City Municipal Code. Written documentation previously provided to the City Council included information as follows: Title 17 of the West Valley City Municipal Code establishes licensing and operating requirements for businesses within the City. Title 17 includes requirements that are applicable to all businesses and specific requirements for a number of other businesses or activities. This ordinance repeals and reenacts Title 17 in order to streamline the organization and structure of Title 17. In addition to the reformatting and streamlining of Title 17, the ordinance makes some substantive changes, including the replacement of the Good Landlord Program with a rental nuisance ordinance, the imposition of certain requirements for Qualified Facilities, and restrictions on licensure of businesses on properties with a history of criminal activity. 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 Ordinance 18-24. 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  MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -10- Unanimous. ORDINANCE 18-25: AMEND SECTION 1-2-104 OF THE WEST VALLEY CITY MUNICIPAL CODE TO UPDATE CERTAIN FEES Mayor Bigelow discussed proposed Ordinance 18-25 that would amend Section 1-2-104 of the West Valley City Municipal Code to update certain fees. Written documentation previously provided to the City Council included information as follows: Prior to the repeal and reenactment of Title 17, the Good Landlord Program established a disproportionate fee for certain rental properties and a program to reduce those fees for participating landlords. With the repeal of the Good Landlord Program and the establishment of a rental nuisance ordinance, the disproportionate fee previously in effect can be reduced from $94/unit to $35/unit. The change is expected to be revenue-neutral and establishes the same per-unit fee for all rental units. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Fitisemanu moved to approve Ordinance 18-25. Councilmember Buhler 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. RESOLUTION 18-87: APPROVE A COST SHARING AGREEMENT BETWEEN WEST VALLEY CITY AND THE UTAH DEPARTMENT OF PUBLIC SAFETY Mayor Bigelow discussed proposed Resolution 18-87 that would approve a Cost Sharing Agreement between West Valley City and the Utah Department of Public Safety.  MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -11- Written documentation previously provided to the City Council included information as follows: This resolution allows West Valley City to participate in a cost sharing agreement and pay an annual premium as established by the Local Public Safety and Firefighter Surviving Spouse Trust Fund Board of Trustees, for watch active and public safety sworn police officer and firefighter, in the amount of $95.00 each. Monies collected from all public safety agencies will be placed in a fund to cover the cost of health insurance for families of fallen officers/firefighters. The Department of Public Safety is administering the fund defined by the Public Safety Officer and Firefighter Line-of-Duty Act. All public safety agencies are required to participate. In the event of a line of duty death of a police officer or a firefighter, the member agency is required, pursuant to the Code above, to provide health coverage for the surviving spouse and for a child of the member until the child reaches age 26. For example, if West Valley City has an officer or firefighter die in the line of duty, the City will pay 100% of the premium costs for health coverage for the first 12 months and then be reimbursed from the fund thereafter for as long as coverage is necessary. The first payment is due June 18, 2018. 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 18-87. 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 Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-88: AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN WEST VALLEY CITY AND KEDDINGTON AND CHRISTENSEN,  MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -12- CERTIFIED PUBLIC ACCOUNTANTS, LLC TO PROVIDE AUDITING SERVICES TO WEST VALLEY CITY FOR THE FISCAL YEAR ENDING JUNE 30, 2018 Mayor Bigelow discussed proposed Resolution 18-88 that would authorize the execution of an Agreement between West Valley City and Keddington and Christensen, Certified Public Accountants, LLC to provide auditing services to West Valley City for the fiscal year ending June 30, 2018. Written documentation previously provided to the City Council included information as follows: West Valley City is required by law to engage an independent audit firm to audit the City’s financial operations. Keddington & Christensen auditors have demonstrated experience and proficiency in municipal audits and knowledge of City operations. This audit will be conducted in accordance with auditing standards generally accepted in the United States of America: the standards for financial audits contained in the Government Auditing Standards, issued by the Comptroller General of the United States. Keddington & Christensen, Certified Public Accountants, LLC. has provided audit services for the City in the past and has the technical expertise to evaluate and review all aspects of the City’s complex operations. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to approve Resolution 18-88. 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 Yes Mayor Bigelow Yes Unanimous.  MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -13- CONSENT AGENDA A. RESOLUTION 18-89: RATIFY THE CITY MANAGER'S APPOINTMENT OF NICOLE COTTLE TO THE UTAH INLAND PORT AUTHORITY BOARD Mayor Bigelow discussed proposed Resolution 18-89 that would ratify the City Manager's appointment of Nicole Cottle to the Utah Inland Port Authority Board. Written documentation previously provided to the City Council included information as follows: During the 2018 Legislative Session, S.B. 234 established the Utah Inland Port Authority and outlined the duties, responsibilities and power of the Authority. The Bill also provided that the City Manager may appoint a board member to the Authority with the advice and consent of the City Council. B. RESOLUTION 18-90: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT WITH SUZETTE E. NIELSEN AND TO ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 4112 SOUTH CHARLES DRIVE (4510 WEST) (21-06-126-007) Mayor Bigelow discussed proposed Resolution 18-90 that would authorize the City to enter into a Right-of-Way Contract with Suzette E. Nielsen and to accept a Warranty Deed and a Temporary Construction Easement for property located at 4112 South Charles Drive (4510 West) (21-06-126-007). Written documentation previously provided to the City Council included information as follows: The Suzette E. Nielsen parcel located at 4112 South Charles Drive is one of several parcels affected by this project and which include fee acquisitions for the 4100 South Improvements Project; Bangerter Highway to 5460 West. This project will reconstruct the pavement and curb and gutter to improve safety and ride quality of 4100 South. Compensation for the purchase of the Warranty Deed, Temporary Construction Easement and improvements is $3,500.00 based upon the compensation estimate prepared by Horrocks Engineers. 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 for  MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -14- the Warranty Deed and the Temporary Construction Easement is $3,500.00, making the West Valley City share of the easement $236.95. C. RESOLUTION 18-91: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT WITH DARRIN L. CHRISTENSEN AND KARIE K. CHRISTENSEN AND TO ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 4108 SOUTH BANNOCK DRIVE (5035 WEST) (20-01-201- 001) Mayor Bigelow discussed proposed Resolution 18-91 that would authorize the City to enter into a Right-of-Way Contract with Darrin L. Christensen and Karie K. Christensen and to accept a Warranty Deed and a Temporary Construction Easement for property located at 4108 South Bannock Drive (5035 West) (20-01-201-001). Written documentation previously provided to the City Council included information as follows: The Darrin L. Christensen and Karie K. Christensen parcel located at 4108 South Bannock Drive is one of several parcels affected by this project and which include fee acquisitions for the 4100 South Improvements Project; Bangerter Highway to 5460 West. This project will reconstruct the pavement and curb and gutter to improve safety and ride quality of 4100 South. Compensation for the purchase of the Warranty Deed, Temporary Construction Easement and improvements is $2,000.00 based upon the compensation estimate prepared by Horrocks Engineers. 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 for the Warranty Deed and the Temporary Construction Easement is $2,000.00, making the West Valley City share of the easement $135.40. D. RESOLUTION 18-92: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT WITH LAWRENCE NEIL AND DONNETTA PAY LIVING TRUST, DATED SEPTEMBER 23, 2015, AND TO ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 4109 SOUTH BANNOCK DRIVE (5035 WEST) (20-01-205-001) Mayor Bigelow discussed proposed Resolution 18-92 that would authorize the City to enter into a Right-of-Way Contract with Lawrence Neil and Donnetta Pay Living Trust, Dated September 23, 2015, and to accept a Warranty Deed and a Temporary MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -15- Construction Easement for property located at 4109 South Bannock Drive (5035 West) (20-01-205-001). Written documentation previously provided to the City Council included information as follows: The Lawrence Neil & Donnetta Pay Living Trust parcel located at 4109 South Bannock Drive is one of several parcels affected by this project and which include fee acquisitions for the 4100 South Improvements Project; Bangerter Highway to 5460 West. This project will reconstruct the pavement and curb and gutter to improve safety and ride quality of 4100 South. Compensation for the purchase of the Warranty Deed, Temporary Construction Easement and improvements is $1,800.00 based upon the compensation estimate prepared by Horrocks Engineers. 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 for the Warranty Deed and the Temporary Construction Easement is $1,800.00, making the West Valley City share of the easement $121.86. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Huynh moved to approve Resolutions 18-89, 18-90, 18-91, and 18-92. 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 Unanimous.  MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -16- UNFINISHED BUSINESS A. CONSIDER APPLICATION S-6-2018, FILED BY TROY JENSEN, REQUESTING FINAL PLAT APPROVAL FOR THE JENSEN SUBDIVISION LOCATED AT 4058 SOUTH 3200 WEST Mayor Bigelow discussed Application S-6-2018, Filed by Troy Jensen, requesting final plat approval for the Jensen Subdivision located at 4058 South 3200 West. Written documentation previously provided to the City Council included information as follows: Mr. Troy Jensen, is requesting final subdivision approval for a 2-lot flag lot subdivision in the R-1-7 zone. The subject property is located at 4058 South 3200 West. The property is currently occupied by one single family dwelling. Mr. Jensen would like to subdivide the property in order to create one additional lot for a future single family dwelling. The property is approximately .75 acres in size. The City’s Subdivision Ordinance requires that all flag lots have a minimum square footage of 12,000 square feet. Based on the size of the existing property, the applicant is able to plat two single family lots. The front lot, or lot 1 will be approximately 7,000 square feet, while the back lot (lot 2) will be approximately 22,230 square feet. Street improvements are currently in place along 3200 West. However, the applicant will need to open up the street for water and sewer. In addition, a new curb cut and drive approach will be required for the flag lot. These improvements will need to be coordinated with Granger Hunter Improvement District and the City Public Works Department. As mentioned previously, the flag lot is intended to be used for a new single family dwelling. In cases where only 1 new lot is being proposed, the City has waived the requirement to submit a soils report. However, this waiver is based on a field investigation by the Building Official regarding basement depth. If sufficient evidence does not exist wherein the Building Official is comfortable establishing the footing depth, the builder will be required to submit a soils report prior to issuance of a building permit. Based on a field investigation by the Building Official, a basement will be approved for the new lot. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler stated that the Council has no basis to oppose this application as it meets all the legal requirements.  MINUTES OF COUNCIL REGULAR MEETING – JUNE 19, 2018 -17- Councilmember Buhler moved to approve application S-6-2018. Councilmember Nordfelt 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 Huynh voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, JUNE 19, 2018, WAS ADJOURNED AT 8:19 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, June 19, 2018. _______________________________ Nichole Camac City Recorder