City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – JUNE 11, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, JUNE 11, 2019, 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 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 T Pyle, City Manager Nichole Camac, 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 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 OPENING CEREMONY Mayor Bigelow conducted the Opening Ceremony. Nancy Day, Parks and Recreation Director, detailed events for the upcoming WestFest celebration to be held at Centennial Park. APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 28, 2019 The Council considered the Minutes of the Regular Meeting held May 28, 2019. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING – JUNE 11, 2019 -2- Councilmember Lang moved to approve the Minutes of the Regular Meeting held May 28, 2019. Councilmember Huynh seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS John Edwards stated that he the 4100 South re-design has begun. He indicated that he is frustrated with the community mailbox issue and is very opposed to it, particularly for residents who are handicap or homebound and will have no way of accessing their mail. Mr. Edwards stated that he is very concerned about speed on 4100 South and indicated that he is worried a resident or contractor will get hurt. He added that he is appreciative of the contractor’s efforts to not block both of his driveways. Richard Nowak stated that he is here to address parking enforcement. He indicated he received a ticket for parking on the street in the wrong direction. He indicated he wanted to speak to a live person but had to appeal the ticket online. Mr. Nowak stated that he received an email back stating that the City decided to uphold the ticket and he feels this is unfair. He indicated that there are no curb, gutters, or sidewalks on the street where the citation was issued so there was no disruption of traffic patterns. He added that his vehicle was parked the wrong way for a period of 5 minutes. Mr. Nowak stated that he intends to file an appeal in district court. Ben Rickett stated that he is enraged and has lost respect for members of the Council. He indicated that doesn’t deal well with threats and he has been threatened, by the City, to become homeless with a $1500 fine because his grass was inches too high. Mr. Rickett said he understands reasonable fines and he intends to use his energy to get the law changed so that Code Enforcement violations are a reasonable fine. He indicated that he is being targeted and added that Code Enforcement pays more attention to his home because he lives on 4800 West. Mr. Rickett admitted to being impolite to the Code Enforcement officer who cited him. He stated that he took pictures of other homes in greater violation than his. Mr. Rickett stated that he has now been targeted for his carport which hasn’t changed in years and indicated he feels the City is retaliating against him. He indicated that he is willing to work with the City but doesn’t understand the need for the City to bully and demoralize him. Mr. Rickett stated that he wants to change the Code so that others don’t feel the emotional trauma, targeting, and vague noticing he received. He indicated that there needs to be more clarity in the Code Enforcement reports. Mr. Rickett stated he doesn’t like to feel angry.  MINUTES OF COUNCIL REGULAR MEETING – JUNE 11, 2019 -3- Jennifer Parkin stated that she is here to support Mr. Rickett. She indicated that she has seen yards in worse condition that have received no violation notices. Ms. Parkin stated she feels the officer is simply trying to meet a quota. She indicated that Mr. Rickett has experienced significant stress as a result of these Code Enforcement efforts and has felt personally targeted by the City. Ms. Parkin indicated that she wants to understand how a Code Enforcement route is determined and which homes are issued citations. Sattar Tabriz indicated that he is developing the Covington Subdivision and has enjoyed working with the City on the project. Mike Markham suggest that electrical systems be added to Fairbourne Station so food trucks can operate on those instead of generators. Mr. Markham indicated he found a gun in November and has been working with Tracey in Evidence who has worked to find the original owner of the weapon. He thanked her for her efforts. Jim Vesock stated that a $1500 fine for a Code Enforcement violation does not seem fair. He indicated that he feels Code Enforcement employees should not be called officers and should be called agents. He added that they shouldn’t have badges because this is an intimidation factor that isn’t necessary. Mr. Vesock stated that there should be proof of service before an abatement occurs, even if the resident denies service. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, stated that there is an upswing of Code Enforcement cases as is typical this time of year. Wayne stated that this process is necessary. He indicated that in 2007, when Code Enforcement underwent a revamping process, a survey of 5 specific complaints was conducted. 46% of homes in the City violated those complaints and it became clear that these issues needed to be addressed or West Valley would be overrun by unclean properties as a majority. Wayne stated that to this day, 12 years later, the violation rate is around 15% which is lower than average compared to other Cities in Salt Lake County. He indicated that this success has been achieved with a specific effort. Wayne stated that the process is fair. He indicated that there is a minimum of 4 steps before there is even a possibility of fine accrual. The first step is a courtesy notice where a resident is given time to take care of violations. 70% cases are resolved at that level. Wayne stated that by the time a case gets to a level 4, a Court appearance, 90% of compliance is met. He added that the vast majority of fines are then eliminated at the court level and if a fine remains it is typically around the cost of a speeding ticket. Wayne indicated that the City is always looking for ways to improve its system and will continue to find methods of improvement. He added that some people assume Code Enforcement is a money-making program or officers must meet some type of quota.  MINUTES OF COUNCIL REGULAR MEETING – JUNE 11, 2019 -4- He indicated that this is not true and added that it costs the City around 1 million dollars a year to run the program while the total accumulation of fines only equal in the tens of thousands. Wayne concluded by indicating that the City is always willing to work with residents who want to clean and improve their properties and opportunity is given for compliance. C. CITY COUNCIL COMMENTS Councilmember Christensen thanked Mr. Markham for turning in a found gun and helping to find the original owner. Mayor Bigelow requested that electrical hookups for food trucks be added to the Council agenda for next week. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZSA-1-2019, FILED BY KEN MILNE, REQUESTING FINAL PLAT APPROVAL FOR CLEASTONE ESTATES PHASE 2- LOT 210 AMENDED AND VACATING A PORTION OF CLEARSTONE DRIVE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled June 11, 2019, in order for the City Council to hear and consider public comments regarding application ZSA-1-2019, filed by Ken Milne, requesting final plat approval for Clearstone Estates Phase 2- Lot 210 Amended and Vacating a Portion of Clearstone Drive. Written documentation previously provided to the City Council included information as follows: Ken Milne, is requesting a plat amendment for lot 210 of the Clearstone Estates Subdivision Phase 2. This plat amendment will also vacate a portion of Clearstone Drive where the existing stub street currently ends. The second phase of the Clearstone Estates Subdivision was recorded with the Salt Lake County Recorder’s Office in October 2016. As part of this subdivision, a stub street was provided at the east end of Clearstone Drive. This stub street was intended to serve as an access point into the Defa property to the east. Mr. Milne recently acquired the Defa property and started design work on what will become phase 3 of the Newton Farm Subdivision. Mr. Milne approached the City about the possibility of eliminating the existing stub street in Clearstone Phase 2. There are three possible ways for this request to be handled: MINUTES OF COUNCIL REGULAR MEETING – JUNE 11, 2019 -5- 1. The City would not vacate the ROW. Mr. Milne would modify the street and install a knuckle with corresponding improvements. The area that is part of the ROW, but outside of the street itself, would be improved with stamped colored concrete. This option would not impact lot 210 as the sidewalk could remain in place but leaves an awful lot of stamped concrete in front of lot 210. Although an option, the City Engineer does not like this approach. 2. Hallmark Homes, the owner of lot 210, could participate by supporting the proposed street vacation. This would allow the area that would otherwise be stamped concrete to be landscaped. Once the knuckle is completed, and the vacated portion of the street landscaped, no one would know that this was not the intended design of this lot. This approach does meet with the City Engineer’s approval. 3. Require that Clearstone Drive extend to the east into the Defa property. When discussing these options with Hallmark Homes, they believe the road should connect to the east. This is obvious as their entire frontage is improved and landscaped. The home is ready to sell. However, Hallmark explained to staff that if the second option is favored by the City Engineering Division, they would support that option as it would result in a better design without the stamped concrete. As a result, the application to amend lot 210, was signed by Hallmark Homes. To summarize that point, Hallmark Homes prefers the road to connect, but signed the application as the design meets with City Engineering approval. While the City stresses the importance of connectivity, this situation does have special circumstances that factor into why Mr. Milne is making this request: 1. Clearstone Estates Phase 2 is zoned R-1-10. This zone allows for lots to be 10,000 square feet in size and is accompanied by setbacks that total 45 feet. In contrast, the Defa property is zoned RE and comes with setbacks that total 60 feet. Why does this matter? If the existing stub street were to extend to the east, there would only be 100 feet of lot depth to the property line of those existing properties along 3785 South. Given that larger homes are required in the RE Zone, it becomes difficult to place MINUTES OF COUNCIL REGULAR MEETING – JUNE 11, 2019 -6- these structures in a shallow lot. If the Defa property was zoned R-1-10, this would not be a problem as the developer would be able to design homes up to 55-feet in depth. With the RE Zone requirements, the developer can only design a home that is 40 feet in depth. While you can design a home with a shallow depth, the design options are limited. According to the applicant, when people spend $600,000 to $800,000 dollars, they don’t want a linear home plan. The average depth of the homes built in Newton Farms is 57 feet deep. In addition, Mr. Milne points out that if the lots were to be 100 feet deep, the width of the lots would need to increase to 140-150 feet to achieve the lot size requirements of the RE Zone. 2. There is an elevation difference between the Clearstone Estates and the Defa property. While the grade difference is approximately 3 feet on the south end of the stub street, it increases to approximately 5 feet on the north side. This would require that a substantial amount of fill be brought to the site. While that in and of itself may not be problematic, it could create grading problems for property owners on the downslope side of the road. While walk-out basements would be an option, the lots would be over 225 feet deep. The applicant does not believe this lot depth makes much sense. One design option would be to plat a cul-de-sac on the north side of the road to lessen the depth of the lots. However, the cul-de- sac would be rather shallow and would most likely create other grading problems from one lot owner to the next as walk-out basements would be more difficult to design. The amendment of lot 210 is a direct result of vacating a portion of Clearstone Drive. Mr. Milne will then install a knuckle as opposed to extending the existing right-of-way to the east. If approved, the amended subdivision will accomplish the following: 1. The plat will vacate a small portion of Clearstone Drive at the east end of the stub street. 2. The amended lot 210 will receive approximately 828 square feet of property. 3. Mr. Milne will remove and replace all existing infrastructure MINUTES OF COUNCIL REGULAR MEETING – JUNE 11, 2019 -7- to meet West Valley City Engineering requirements and requirements of Granger Hunter Improvement District. 4. Hallmark Homes will provide a bid estimate for costs associated with the installation of new landscaping in the area that will be vacated. Mr. Milne will provide funds to Hallmark Homes to cover those costs. The two property owners will also need to coordinate a temporary construction easement for the work that needs to be done in front of lot 210. Mayor Bigelow opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 19-17, AMEND LOT 210 IN THE CLEARSTONE ESTATES SUBDIVISION PHASE 2 AND A PARTIAL STREET VACATION TO A PORTION OF CLEARSTONE DRIVE ALSO LOCATED WITHIN CLEARSTONE ESTATES PHASE 2 SUBDIVISION The City Council previously held a public hearing regarding proposed Ordinance 19-15 that would amend lot 210 in the Clearstone Estates Subdivision Phase 2 and a partial street vacation to a portion of Clearstone Drive also located within Clearstone Estates Phase 2 Subdivision. 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 19-17. 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.  MINUTES OF COUNCIL REGULAR MEETING – JUNE 11, 2019 -8- CONSIDER APPLICATION SMI-4-2019, FILED BY SATTAR TABRIZ, REQUESTING FINAL PLAT APPROVAL FOR THE COVINGTON ESTATES SUBDIVISION LOCATED AT 4016 SOUTH 6000 WEST Mayor Bigelow discussed proposed application SMI-4-2019, filed by Sattar Tabriz, requesting Final Plat Approval for the Covington Estates Subdivision located at 4016 South 6000 West. Written documentation previously provided to the City Council included information as follows: Sattar Tabriz, representing the property owner, is requesting final plat approval for the Covington Estates Subdivision. The subject property is located at 4016 South 6000 West and was recently rezoned from the A zone to the R-1-7 zone. The subdivision will consist of 3 lots ranging in size from 7,000 to 14,385 square feet. The average lot size for the 3 lots is 9,133 square feet. Minimum lot sizes and frontage requirements, including the flag lot have been adequately addressed. Currently, there is an existing dwelling along with other outbuildings on the property. It is the property owner’s intent to leave the existing dwelling on what will become lot 1. Other outbuildings will be removed to make room for two new single-family homes. During the rezoning process, the property owner entered into a development agreement with the City. The agreement addressed improvements to be made to the existing dwelling. Access to the subdivision will be gained from 6000 West. There are no improvements along the west side of the street at this location. The developer will install curb, gutter, sidewalk, and asphalt along this right-of-way. These improvements will connect with existing improvements to the north and to the south. In addition to these improvements, street trees will be installed along the frontage of lots 1 and 2. The flag lot is adjacent to the Utah Salt Lake Canal. As part of the development agreement, a wrought iron fence will be installed along the north side of the canal to provide transparency into this area. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler noted that while the Council agreed to review these types of applications, they have no legal basis for denial and acceptance is simply a formality. Councilmember Lang moved to approve application SMI-4-2019.  MINUTES OF COUNCIL REGULAR MEETING – JUNE 11, 2019 -9- 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. CONSIDER APPLICATION SMI-5-2019, FILED BY THE UTAH DEPARTMENT OF TRANSPORTATION (UDOT), REQUESTING FINAL PLAT APPROVAL FOR THE ANNA CAROLINE SUBDIVISION LOCATED AT 2400 SOUTH 5700 WEST Mayor Bigelow discussed proposed application SMI-5-2019, filed by the Utah Department of Transportation (UDOT), requesting final plat approval for the Anna Caroline Subdivision located at 2400 South 5700 West. Written documentation previously provided to the City Council included information as follows: The Utah Department of Transportation is requesting final approval for the Anna Caroline Subdivision. The subject property is located at 2400 South 5700 West and is zoned Light Industrial. The proposed subdivision consists of 1 lot and 1 parcel. Lot 1 consists of 9 acres and Parcel A consists of 2.2 acres. Lot 1 will be used for a maintenance facility and salt shed, while Parcel A will be developed later. The subdivision plat will also dedicate portions of Anna Caroline and 2400 South. Anna Caroline will be dedicated to a 71-foot width. Previous developments to the south (WinCo & Cabco) have dedicated and built portions of Anna Caroline Drive. However, a connection to the south will not be made at this time. Anna Caroline has been constructed through the WinCo property, but not through the Cabco 5600 West property. Once the bridge over the Riter Canal has been constructed, the Cabco piece will be built to tie in with the WinCo piece and the portion that will be dedicated as part of this plat. This section of Anna Caroline will also have a wider sidewalk on the west side of the street to connect with the cross-town trail system.  MINUTES OF COUNCIL REGULAR MEETING – JUNE 11, 2019 -10- 2400 South will be dedicated to a 90-foot width. This road will align with the newly built intersection on 5600 West. Additional dedication will be provided along the west side of 5600 West per UDOT requirements. 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 Application SMI-5-2019. 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 Lang, all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, JUNE 11, 2019 WAS ADJOURNED AT 7:16 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 11, 2019. _______________________________ Nichole Camac, CMC City Recorder