City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, AUGUST 18, 2020, AT 6:30 P.M. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE MEETING WAS HELD ELECTRONICALLY. THE FOLLOWING MEMBERS WERE PRESENT ELECTRONICALLY: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 Jake Fitisemanu, Councilmember District 4 ABSENT: Karen Lang, Councilmember District 3 STAFF PRESENT ELECTRONICALLY: 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 John Evans, Fire Chief Russell Willardson, Public Works Director Layne Morris, CPD Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Steve Pastorik, CED Steve Lehman, CED INSIDE THE POLICE DEPARTMENT VIDEO SERIES A video providing information about the Police Department was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD AUGUST 11, 2020  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -2- The Council considered the Minutes of the Regular Meeting held August 11, 2020. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held August 11, 2020. Councilmember Buhler seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock stated that whenever someone expresses concern about the Police Department, he always refers them to the CALEA standards for which the West Valley City PD is accredited with. Mr. Vesock stated that the cost of homes is significant at this time and noted that homes in his area that were in need of repair recently sold for over $30,000 more than the asking price. He indicated that the Council should ease up on some of the ridiculous Code Enforcement standards such as dry lawns and the percentage of weeds to grass. Mike Markham stated that he had a trailer stolen from his driveway on July 20th and spoke with an officer on the telephone but still has not had an officer come to his home. He indicated that he feels both Parking Enforcement and Code Enforcement need to be more aggressive. 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 Z-4-2020, FILED BY JEFFREY AND KRISTINE NAYLOR, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO BRP (BUSINESS RESEARCH PARK) ON PROPERTY LOCATED AT 1078 WEST PARKWAY AVENUE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 18, 2020, in order for the City Council to hear and consider public comments regarding application Z-4-2020, filed by Jeffrey and Kristine Naylor, requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to BRP (Business Research Park) on property located at 1078 West Parkway Avenue. Written documentation previously provided to the City Council included MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -3- information as follows: Jeffrey and Kristine Naylor have requested a zone change for a portion of a parcel at 1078 West Parkway Avenue from A (agriculture, minimum lot size ½ acre) to BRP (business/research park). After excluding the east 37’, the property proposed for rezoning is 0.8 acre. The subject property is designated as business park in the West Valley City General Plan. Surrounding zones include A to the south, east and a portion of the north and BRP to the west and the remaining north portion. Surrounding land uses include the applicant’s home to the east, the Khadeeja Islamic Center to the south, Metro Business Park buildings to the west and a portion of the north, and a Salt Lake County park for the remaining north portion. The property is currently vacant. The applicant has submitted a concept plan that shows a 6,000 square foot cabinet assembly plant and warehouse building. Also included is a letter from the applicants. Since the proposed building will include a light industrial use, the City’s commercial design standards will apply. Curb, gutter and sidewalk will be required along the property frontage as part of the site plan approval process. 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. 20-29, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 1078 WEST PARKWAY AVENUE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO BRP (BUSINESS RESEARCH PARK) The City Council previously held a public hearing regarding proposed Ordinance 20-29 that would amend the zoning map to show a change of zone for property located at 1078 West Parkway Avenue from A (Agriculture, Minimum Lot Size 1/2 Acre) to BRP (Business Research Park). 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 Ordinance 20-29. Councilmember Christensen seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -4- Mr. Fitisemanu Yes Mr. Buhler No Mr. Huynh No Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow No Fails. Councilmember Nordfelt moved to continue Ordinance 20-29 to August 25, 2020. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. Continued. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-6-2020, FILED BY RUSSELL PLATT, REQUESTING A GENERAL PLAN CHANGE FROM GENERAL COMMERCIAL TO HIGH DENSITY RESIDENTIAL (12 TO 20 UNITS/ACRE) AND A ZONE CHANGE FROM C-2 (GENERAL COMMERCIAL) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) FOR PROPERTY LOCATED AT 4565 WEST 3500 SOUTH Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 18, 2020, in order for the City Council to hear and consider public comments regarding application GPZ-6-2020, filed by Russell Platt, requesting a General Plan Change from General Commercial to High Density Residential (12 to 20 units/acre) and a Zone Change from C-2 (General Commercial) to RM (Multiple Unit Dwelling Residential) for Property Located at 4565 West 3500 South. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -5- The applicant is planning to demolish the existing showroom, detail shop and auto mechanic shop and develop the property into a 50-unit townhome project. The density of the proposed project is 16.3 units/acre. The attached concept plan and letter from the applicant provide details on the proposed project. Also included are renderings of the proposed 3-story townhomes. Additional background information is listed below as well as in the meeting minutes:  There are no stub streets to the adjoining residential development to the south.  The property has relatively narrow frontage (125’) for a commercial property and is 662’ deep at its deepest point.  The online real estate database company Zillow shows neighboring home values to the south ranging from the mid $200s to the low $300s. According to the applicant, the sales price of proposed townhomes would range from $335,000 to $395,000.  3500 South is currently a five-lane arterial street that is serviced by UTA bus routes 35 and 35M. The Regional Transportation Plan adopted by the Wasatch Front Regional Council shows this section of 3500 South being widened to 7 lanes and transit service becoming more frequent sometime between 2031 and 2040.  Staff recently compared the property and sales tax revenue generated from small used car lots with the revenue generated from townhomes. Depending upon the density and value of the townhomes, townhomes will generate roughly the same amount of revenue or more. Staff is quick to point out that this is just one consideration and should not be the sole basis for a land use decision. Mayor Bigelow opened the Public Hearing. Russell Platt, the applicant, indicated that he is excited to build another community in West Valley City. He stated the was at an HOA board meeting for Cobalt Landing, a development similar to this proposal, and was pleased to see many people from other communities who had moved into West Valley City. He noted that many people appreciate the private rooftop decks and enjoy adding shade devices, BBQ’s and televisions for entertainment. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 20-30, AMEND THE GENERAL PLAN TO MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -6- SHOW A CHANGE OF LAND USE FROM GENERAL COMMERCIAL TO HIGH DENSITY RESIDENTIAL (12 TO 20 UNITS/ACRE) PROPERTY LOCATED AT 4565 WEST 3500 SOUTH ON 3.07 ACRES The City Council previously held a public hearing regarding proposed Ordinance 20-30 that would amend the General Plan to Show a Change of Land Use from General Commercial to High Density Residential (12 to 20 Units/Acre) Property Located at 4565 West 3500 South on 3.07 Acres. Councilmember Buhler stated he would prefer a masonry wall as opposed to a vinyl fence on the south side of the property neighboring the residential neighborhood. He asked what other exceptions are being requested. Steve explained that the applicant is requesting tile in lieu of brick or stone and described other requests detailed in the Development Agreement. Councilmember Huynh noted a conflict of interest. Councilmember Fitisemanu stated that one of the Planning Commissioners suggested removing a unit to provide larger floor plans or more open space. Steve replied that this was suggested but the Planning Commission motion did not include this. Councilmember Buhler noted that Councilmember Lang was concerned about the height of the units on the south end next to the single family 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 approve Ordinance 20-30. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow No Majority. ACTION: ORDINANCE NO. 20-31, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4565 MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -7- WEST 3500 SOUTH ON 3.07 ACRES FROM C-2 (GENERAL COMMERCIAL) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) The City Council previously held a public hearing regarding proposed Ordinance 20-31 that would amend the Zoning Map to show a change of Zone for property located at 4565 West 3500 South on 3.07 acres from C-2 (General Commercial) 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 approve Ordinance 20-31. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow No Unanimous. ACTION: RESOLUTION NO. 20-129, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PYRAMID AUTO SALES, INC. FOR APPROXIMATELY 3.07 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 4565 WEST 3500 SOUTH Mayor Bigelow discussed proposed Resolution 20-129 that would authorize the City to enter into a Development Agreement with Pyramid Auto Sales, Inc. for approximately 3.07 acres of property located at approximately 4565 West 3500 South. Written documentation previously provided to the City Council included information as follows: Russell Platt has submitted a General Plan/zone change application (GPZ- 6-2020) on 3.07 acres to change the zoning from C-2 (general commercial) to RM (multiple unit dwelling residential) and to change the General Plan from General Commercial to High Density Residential (12 to 20 units/acre).  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -8- The Planning Commission recommended approval of the General Plan/zone change subject to a development agreement. The proposed development agreement addresses the following topics:  Maximum number of units  Minimum unit sizes  Architecture  Amenities  Parking  Right-of-way dedication  Fencing 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 20-129, adding that a masonry wall shall be required on the southern border of the property next to the single family residential. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow No Majority. CONSIDER APPLICATION SMI-4-2020, FILED BY VAHID SADEGHI, REQUESTING FINAL PLAT APPROVAL FOR THE SADEGHI SUBDIVISION LOCATED AT 4160 SOUTH 6000 WEST Mayor Bigelow discussed application SMI-4-2020, Filed by Vahid Sadeghi, requesting Final Plat Approval for the Sadeghi Subdivision located at 4160 South 6000 West. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -9- Mr. Vahid Sadeghi, is requesting final subdivision approval for the Sadeghi Subdivision. The subject property was recently rezoned from the M zone to the R- 1-8 zone. The proposed subdivision is bordered on the north by a new Maverik store, the east by existing residential and the south by Rushford Court and west by 6000 West. The subdivision will consist of 4 lots on .90 acres. Although zoned R-1-8, the minimum lot size is 8,700 square feet with the largest lot being 11,356 square feet. All lot, area and frontage requirements of the R-1-8 zone have been met. A soils report was submitted for the property indicating that ground water was not encountered to a depth of 12.5 feet. Access to the subdivision will be gained from Rushford Court. This street did not exist until a few years ago. It was constructed as part of UDOT’s Mountain View Corridor project. The subdivision to the east gained access from 4100 South. However, that access was eliminated due to the interchange at Mountain View Corridor and 4100 South. Rushford Court was modified, and a new segment was built which opened up this property for development. 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 Application SMI-4-2020. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSIDER APPLICATION SMI-5-2020, FILED BY TED DIDAS, REQUESTING FINAL PLAT APPROVAL FOR THE PANDA EXPRESS VFM SUBDIVISION LOCATED AT 3713 SOUTH CONSTITUTION BOULEVARD Mayor Bigelow discussed application SMI-5-2020, filed by Ted Didas, requesting Final Plat Approval for the Panda Express VFM Subdivision located at 3713 South Constitution  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -10- Boulevard. Written documentation previously provided to the City Council included information as follows: Ted Didas, representing the Valley Fair Mall, is requesting final plat approval for a one lot commercial subdivision in the C-2 Zone. The subject property is located just east of the In-N-Out Burger at approximately 3713 South Constitution Boulevard. The subdivision is being proposed to create an additional lot within the Valley Fair Mall development. The new lot will be located east of the In-N-Out Burger and directly north of Planet Fitness. The proposed lot will be used for a new restaurant - Panda Express. The new lot will be approximately 1 acre in size. Access will be gained from multiple points including the internal road system for the mall property. A future application will be submitted wherein all site plan elements will be reviewed by staff and the engineering division. This application simply creates a new lot within the mall property. 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-5-2020. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 20-130: AUTHORIZE THE VACATION AND RELEASE  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -11- OF THE PERMANENT DETENTION FACILITY ON LOT 6 MARTIN VILLAGE SUBDIVISION LOCATED AT 3871 SOUTH 6460 WEST Mayor Bigelow discussed proposed Resolution 20-130 that would authorize the vacation and release of the permanent detention facility on Lot 6 Martin Village Subdivision located at 3871 South 6460 West. Written documentation previously provided to the City Council included information as follows: The Martin Village Subdivision, located at approximately 3870 South 6400 West was recorded in November 1984. Lot 6 within this subdivision was set aside to be used as a detention facility until such time that an alternate storm drain system became available. Due to the recent recordation of the Alieta Acres subdivision to the north, an alternative storm drain system has been provided. Therefore, the existing detention facility located on lot 6 is no longer needed. As said lot is no longer needed for detention purposes, the City can vacate and release said detention facility. The lot can then be used for a new single- family dwelling. B. RESOLUTION 20-131: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM DAVID AND BALTAZAR MADRID FOR PROPERTY LOCATED AT 2987 WEST WHITEHALL DRIVE Mayor Bigelow discussed proposed Resolution 20-131 that would authorize the City to enter into a Right of Way Purchase Agreement and accept a Warranty Deed and Temporary Construction Easement with and from David and Baltazar Madrid for property located at 2987 West Whitehall Drive. Written documentation previously provided to the City Council included information as follows: The David Madrid and Baltazar Madrid property is one of several properties affected by the required removal and replacement of pedestrian ramps to meet current ADA standards as part of the 2020 Asphalt Overlay Project. As part of this project several City streets will be overlaid full width. Any existing ADA ramps which do not comply with the current standards and regulations must be removed and replaced.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -12- The Warranty Deed and the Grant of Temporary Construction Easement will facilitate construction of the project. Compensation in the amount of $400.00 was negotiated based upon an appraisal reports prepared by Integra Realty Resources for other properties in the neighborhood. C. RESOLUTION 20-132: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM HEATHER GARDNER FOR PROPERTY LOCATED AT 3064 WEST WHITEHALL DRIVE Mayor Bigelow discussed proposed Resolution 20-132 that would authorize the City to enter into a Right of Way Purchase Agreement and accept a Warranty Deed and Temporary Construction Easement with and from Heather Gardner for property located at 3064 West Whitehall Drive. Written documentation previously provided to the City Council included information as follows: The Heather Gardner property is one of several properties affected by the required removal and replacement of pedestrian ramps to meet current ADA standards as part of the 2020 Asphalt Overlay Project. As part of this project several City streets will be overlaid full width. Any existing ADA ramps which do not comply with the current standards and regulations must be removed and replaced. The Warranty Deed and the Grant of Temporary Construction Easement will facilitate construction of the project. Compensation in the amount of $400.00 was negotiated based upon an appraisal reports prepared by Integra Realty Resources for other properties in the neighborhood. D. RESOLUTION 20-133: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM THE JOHN AND CAROLYN BAKER TRUST FOR PROPERTY LOCATED AT 3846 SOUTH LEE MAUR STREET Mayor Bigelow discussed proposed Resolution 20-133 that would authorize the City to enter into a Right of Way Purchase Agreement and accept a Warranty Deed and Temporary Construction Easement with and from the John and Carolyn Baker Trust for property located at 3846 South Lee Maur Street.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -13- Written documentation previously provided to the City Council included information as follows: The John & Carolyn Baker Trust property is one of several properties affected by the required removal and replacement of pedestrian ramps to meet current ADA standards as part of the 2020 Asphalt Overlay Project. As part of this project several City streets will be overlaid full width. Any existing ADA ramps which do not comply with the current standards and regulations must be removed and replaced. The Warranty Deed and the Grant of Temporary Construction Easement will facilitate construction of the project. Compensation in the amount of $400.00 was based upon appraisal reports prepared by Integra Realty Resources for neighboring properties. E. RESOLUTION 20-134: RATIFY THE CITY MANAGER'S APPOINTMENT OF CHERIE BRYANT TO THE PROFESSIONAL STANDARDS REVIEW BOARD FOR A TERM COMMENCING SEPTEMBER 1, 2020 AND ENDING JUNE 30, 2022 Mayor Bigelow discussed proposed Resolution 20-134 that would ratify the City Manager's appointment of Cherie Bryant to the Professional Standards Review Board for a term commencing September 1, 2020 and ending June 30, 2022. Written documentation previously provided to the City Council included information as follows: This resolution appoints Cherie Bryant as a member of the Professional Standards Review Board for a 22-month term commencing on September 1, 2020 and ending on June 30, 2022. The Professional Standards Review Board reviews all allegations of police misconduct from a citizen’s perspective and makes various recommendations to the Police Chief regarding these incidents. 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 items on the Consent Agenda. Councilmember Huynh seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 18, 2020 -14- Mr. Fitisemanu 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, all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, AUGUST 18, 2020 WAS ADJOURNED AT 7:11 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, August 18, 2020. _______________________________ Nichole Camac, CMC City Recorder