City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, APRIL 27, 2021, 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 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manger Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney Jim Welch, Finance Director Colleen Jacobs, Police Chief Mark Ownsbey, Acting Fire Chief Russell Willardson, Public Works Director Steve Pastorik, CED Director Layne Morris, CPD Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director John Flores, HR Director INSIDE THE CITY VIDEO SERIES A video providing information about the Police Department was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD APRIL 20, 2021 The Council considered the Minutes of the Regular Meeting held April 20, 2021. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -2- Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held April 20, 2021. Councilmember Lang 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 he approves of the new purchase of an F-350 truck and the way it is being funded. He indicated he is happy to see summer events returning to the Parks. Mr. Vesock stated that he commented on the parking ordinance when it was approved and he was in favor of it. He indicated that he is still in favor of it and is unsure why the news portrayed it as a negative change. Mr. Vesock stated he would be in favor of both proposed GPZ changes scheduled on the agenda. Mike Rigdon stated that he is concerned about 4100 South and the safety of the street. He indicated that the City’s streets are becoming raceways and encouraged the Council to go outside their homes to see this. Mr. Rigdon commended the Mayor and Council on the recent parking ordinance change. He expressed concern about the number of cars per home and the number of families living in single family residences. Mr. Rigdon encouraged lower speed limit signs in his area. 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-2-2021, FILED BY MATHEW IDEMA, REQUESTING A GENERAL PLAN AMENDMENT FROM LARGE LOT RESIDENTIAL (2-3 UNITS/ACRE) TO LOW DENSITY RESIDENTIAL (3-4 UNITS/ACRE) AND A ZONE CHANGE AMENDMENT FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO RS (RESIDENTIAL SUSTAINABILITY, MINIMUM LOT SIZE 8,000 SQUARE FEET) FOR PROPERTY LOCATED AT 3724 SOUTH 3200 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled April 27, 2021, in order for the City Council to hear and consider public comments regarding Application GPZ-2-2021, filed by Mathew Idema, requesting a General Plan Amendment from large lot residential (2-3 units/acre) to low density residential (3-4 units/acre) and a Zone Change Amendment from A (Agriculture, Minimum Lot Size ½ Acre) to RS (Residential Sustainability, Minimum Lot Size 8,000 Square Feet) for property located at 3724 South 3200 West. MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -3- Written documentation previously provided to the City Council included information as follows: If this application is approved, it would be the first RS zone established in the City. The applicant is proposing to demolish one of the two existing homes and develop a 15-lot subdivision. The proposed, average lot size is 8,702 sq. ft. The RS zone, which was created last year, allows for 8,000 sq. ft. lots in exchange for a development agreement commitment to build homes with high energy efficiency and low water use. The applicant’s proposed development agreement incorporates all of the RS zone standards as written in the ordinance. The RS zone also includes a maximum district size of 10 acres. When the RS zone was first created in the ordinance, the City Council wanted to see how a smaller RS zone development would work before considering a larger development. This property is well below the 10-acre cap. Mayor Bigelow opened the Public Hearing. Mathew Idema, the applicant, stated that the property owner has owned this land for several years. He originally applied for a multi-family development which was denied. Mr. Idema stated that he has worked with staff over the last year to ensure this development will meet all RS standards. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 21-19, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM LARGE LOT RESIDENTIAL (2-3 UNITS/ACRE) TO LOW DENSITY RESIDENTIAL (3-4 UNITS/ACRE) FOR PROPERTY LOCATED AT 3724 SOUTH 3200 WEST The City Council previously held a public hearing regarding proposed Ordinance 21-19 that would amend the General Plan to show a change of land use from Large Lot Residential (2-3 units/acre) to Low Density Residential (3-4 units/acre) for property located at 3724 South 3200 West. 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 21-19. Councilmember Huynh seconded the motion. MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -4- 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. ACTION: ORDINANCE NO. 21-20, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3724 SOUTH 3200 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO RS (RESIDENTIAL SUSTAINABILITY, MINIMUM LOT SIZE 8,000 SQUARE FEET) The City Council previously held a public hearing regarding proposed Ordinance 21-20 that would amend the Zoning Map to show a change of Zone for property located at 3724 South 3200 West from A (Agriculture, Minimum Lot Size ½ Acre) to RS (Residential Sustainability, Minimum Lot Size 8,000 Square Feet). 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 Ordinance 21-20. 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. ACTION: RESOLUTION NO. 21-58, AUTHORIZE THE CITY TO ENTER MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -5- INTO A DEVELOPMENT AGREEMENT WITH 3732 W VALLEY, LLC FOR APPROXIMATELY 4.3 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3724 SOUTH 3200 WEST Mayor Bigelow discussed proposed Resolution 21-58 that would authorize the City to enter into a Development Agreement with 3732 W Valley, LLC for approximately 4.3 acres of property located at approximately 3724 South 3200 West. Written documentation previously provided to the City Council included information as follows: Matthew Idema has submitted a General Plan/zone change application (GPZ-2-2021) on 4.3 acres to change the zoning from A (Agriculture, minimum lot size ½ acre) to RS (Residential Sustainability) and to change the General Plan from Large Lot Residential (2 to 3 units/acre) to Low Density Residential (3 to 4 units/acre). The Planning Commission recommended approval of the General Plan/zone change subject to a development agreement. The proposed development agreement addresses the standards in the RS zone as well as the architectural standards that are applicable to all homes. Councilmember Lang asked if the Development Agreement runs with the land. Steve Pastorik, CED Director, replied yes. 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 Resolution 21-58. 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  MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -6- Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-3-2021, FILED BY ARCADIA SP, INC., REQUESTING A GENERAL PLAN AMENDMENT FROM RURAL RESIDENTIAL (1-2 UNITS/ACRE) TO MEDIUM DENSITY RESIDENTIAL (7-12 UNITS/ACRE) AND A ZONE CHANGE AMENDMENT FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) FOR PROPERTY LOCATED AT 6087 WEST PARKWAY BLVD. Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled April 27, 2021, in order for the City Council to hear and consider public comments regarding GPZ-3-2021, Filed by Arcadia SP, Inc., Requesting a General Plan Amendment from Rural Residential (1-2 units/acre) to Medium Density Residential (7-12 units/acre) and a Zone Change Amendment from A (Agriculture, Minimum Lot Size ½ Acre) to RM (Multiple Unit Dwelling Residential) for Property Located at 6087 West Parkway Blvd. Written documentation previously provided to the City Council included information as follows: The applicant is proposing an 84-unit, single level, senior condo development. The proposed density of the project is 6.1 units/acre. Each unit would have a two-car garage and a driveway large enough to park two vehicles in. The proposed minimum unit size is 1,500 sq. ft. The City Council recently amended the criteria to determine whether a property would be eligible to apply for the RM zone. Prior to this change, the subject property was not eligible to be rezoned to the RM zone. The recent code change made properties eligible to apply for RM zoning if they meet the following standards:  the property is vacant,  the proposed project on the property is age restricted to seniors,  the density of the proposed project is no greater than 7 units/acre, and  the property has access and frontage on a street with a planned right-of-way width of at least 80 feet. The proposed project meets these standards. While the property is eligible for RM zoning, the City may still deny requests for RM zoning. An argument could be made to retain the A zone given other agricultural zoning along Parkway Blvd. An argument could also be made for the RE zone given the neighboring single family homes. MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -7- Mayor Bigelow opened the Public Hearing. Ken Milne, the applicant, stated that he feels this senior facility is in a great location and is needed in West Valley City. Mr. Milne indicated he feels this development will be just as nice as Newton Farms and will incorporate sustainability options to reduce cost for residents. Councilmember Lang asked if the homes will be larger than 1500 square foot. Mr. Milne indicated that the majority of units will likely be in the 1900-2000 square foot range. He stated that many seniors want smaller homes with less rooms. Councilmember Lang stated that she would want to see units with at least1950 square feet and would only vote in favor of this application if that were possible. Mr. Milne stated he would recommend 1500 be the lowest to allow for flexibility on what people want and how the market directs development. Steve stated that an average unit size has been suggested in other developments and indicated that this would be an option. Councilmember Christensen verified that unit size would be part of the Development Agreement. Steve replied yes. Councilmember Lang verified that the agreement would run with the land. Steve replied yes. Councilmember Fitisemanu asked what the general distribution of number of bedrooms are in senior living units. Steve replied that there hasn’t been a suggested average for a senior product and noted that he would need to research unit mixes in senior developments within the City. Councilmember Fitisemanu stated that he is interested in the average and wants to ensure that the development is fair to the market and demand for these types of communities. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 21-21, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM RURAL RESIDENTIAL (1-2 UNITS/ACRE) TO MEDIUM DENSITY RESIDENTIAL (7-12 UNITS/ACRE) FOR PROPERTY LOCATED AT 6087 WEST PARKWAY BLVD. The City Council previously held a public hearing regarding proposed Ordinance 21-21 that would amend the General Plan to Show a Change of Land Use from Rural Residential (1-2 units/acre) to Medium Density Residential (7-12 units/acre) for Property Located at 6087 West Parkway Blvd. Mayor Bigelow stated there is a great need for senior developments and noted that it is difficult to predict what the market will direct. He stated that he is concerned about placing a restrictive requirement on the development that may drive seniors to look for other living options elsewhere. MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -8- Councilmember Christensen stated that he has been contacted by a resident who cannot find smaller senior units in the City because they are sold out. This resident is potentially looking at moving outside the City to find what he needs to accommodate his wife’s health. 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 21-21. Councilmember Buhler seconded the motion. Councilmember Lang stated that she feels the Council will do the City a disservice by increasing density and allowing smaller units. 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. ACTION: ORDINANCE NO. 21-22, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 6087 WEST PARKWARY BLVD. FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) The City Council previously held a public hearing regarding proposed Ordinance 21-22 that would amend the Zoning Map to show a change of Zone for property located at 6087 West Parkway Blvd. from A (Agriculture, Minimum Lot Size ½ Acre) 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 Fitisemanu moved to approve Ordinance 21-22. MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -9- 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. ACTION: RESOLUTION NO. 21-59, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ARCADIA SP, INC. FOR APPROXIMATELY 13.8 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 6087 WEST PARKWAY BLVD. Mayor Bigelow discussed proposed Resolution 21-59 that would authorize the City to Enter into a Development Agreement with Arcadia SP, Inc. for Approximately 13.8 Acres of Property Located at Approximately 6087 West Parkway Blvd. Written documentation previously provided to the City Council included information as follows: Ken Milne has submitted a General Plan/zone change application (GPZ-3- 2021) on 13.8 acres to change the zoning from A (agriculture, minimum lot size ½ acre) to RM (multiple unit dwelling residential) and to change the General Plan from Rural Residential (1 to 2 units/acre) to Medium Density Residential (7 to 12 units/acre). 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  Multi-unit residential design standards from City Code Upon inquiry by Mayor Bigelow there were no further questions from members of MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -10- the City Council, and he called for a motion. Councilmember Lang moved to approve Resolution 21-59 subject to a minimum unit size of 1500 square feet with an overall project average of 1700 square feet. Councilmember Fitisemanu seconded the motion. Councilmember Buhler stated he doesn’t think it’s good practice to negotiate this type of change when the applicant meets all the requirements of the ordinance. He indicated that there is no data, history, or facts that indicate a particular unit size will succeed in this area more than another. Mayor Bigelow stated this is the first senior development the City has seen under new guidelines and he would like to monitor this project to see how the market drives it. Councilmember Lang stated that she believes it is a disservice to the neighborhood to allow senior living in an area that has potential for RE. She stated more of these proposals will come through the Council in the next several months and there won’t be time to see how the market directs unit size. She indicated that she doesn’t feel there is a problem with the 1700 square foot average. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler No Mr. Huynh No Mr. Christensen No Mr. Nordfelt No Mayor Bigelow No Motion Fails. Councilmember Buhler moved to approve Resolution 21-59 Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang No  MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -11- Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Majority. Motion passes. RESOLUTION 21-60: APPROVE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN WEST VALLEY CITY AND SALT LAKE COUNTY FOR THE PURCHASE OF AERIAL PHOTOGRAPHY Mayor Bigelow discussed proposed Resolution 21-60 that would approve an Interlocal Cooperation Agreement between West Valley City and Salt Lake County for the purchase of aerial photography. Written documentation previously provided to the City Council included information as follows: This resolution authorizes the City to enter into an agreement for the purchase and use of digital orthorectified aerial photography and oblique imagery of West Valley City. Under this agreement, the West Valley City agrees to participate in the acquisition of a commercial aerial photography license of high-resolution Imagery data. The County agrees to give the City access to the oblique imagery using the browser based “ConnectExplorer” and up to 5 licenses to view and measure the photos. Processing and delivery of the aerial photos were delayed. As such the Salt Lake County Surveyor’s office has waived the fee for the latest aerial photos and imagery. Current, accurate digital orthorectified photography has many uses within the City. The photos are used within the majority of City Departments to visualize and identify growth; compare urban changes with aerial photography from previous years; as a reference for new spatial information; as a background for online map viewers and printed maps; for measurements of impervious surfaces; and more. The format is compatible with existing GIS applications that are used and developed by City Staff. By partnering with other agencies, costs for aerial photography are significantly reduced. 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 21-60. Councilmember Nordfelt seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -12- 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 21-61: APPROVE THE PURCHASE OF A FORD F-350 TRUCK FROM KEN GARFF FORD Mayor Bigelow discussed proposed Resolution 21-61 that would approve the purchase of a Ford F-350 Truck from Ken Garff Ford. Written documentation previously provided to the City Council included information as follows: The Parks and Recreation Department is in need of an additional Ford F-350 cab & chassis. The need for this additional truck is due to acquiring new parks space. This truck will be upfitted with a service body and will be used by the Parks maintenance crews for towing and transporting their tools to and from the Parks Operations Facility. This vehicle will be added to the light vehicle list and put into the fleet replacement cycle going forward. Ken Garff Ford has the State contract (AV2528) to sell Ford vehicles. The price indicated below is a competitive price and the vehiclesmeets the City’s needs. Number of Vehicles Type of Vehicle Cost Per Vehicle 1 Ford F-350 cab & chassis $33,030.00 TOTAL $33,030.00 Replaced Vehicle Make Model Year 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 21-61.  MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -13- 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 SCHEDULED FOR APRIL 27, 2021 A. RESOLUTION 21-62: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM MONICA AND JOSE MUNOZ FOR PROPERTY LOCATED AT 2917 WEST 3875 SOUTH Mayor Bigelow discussed proposed Resolution 21-62 that would authorize the City to enter into an Easement Purchase Agreement and accept a Perpetual Easement and a Temporary Construction Easement with and from Monica and Jose Munoz for property Located at 2917 West 3875 South. Written documentation previously provided to the City Council included information as follows: The Monica Munoz and Jose M. Munoz property was 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 were overlaid full width. Any existing ADA ramps which do not comply with the current standards and regulations were be removed and replaced. The Warranty Deed is needed for portions of the sidewalk and pedestrian ramp located on the owners’ property. Corner lots shown on the recorded subdivision plat for Rolling Meadows No. 1, Amended had square corners and did not dedicate right-of-way at the street corners to accommodate sidewalks and pedestrian ramps. This attached Warranty Deed resolves this issue and will also accommodate the newly constructed pedestrian ramp. Although the property owners had previously agreed to sell the necessary  MINUTES OF COUNCIL REGULAR MEETING APRIL 27, 2021 -14- 26 square feet to the City, there was a delay in returning the fully executed and notarized documents to the City. Compensation in the amount of $400.00 was based upon an appraisal reports prepared by Integra Realty Resources. 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 Resolution 21-62. 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 Huynh all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, APRIL 27, 2021 WAS ADJOURNED AT 7:15 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 27, 2021. _______________________________ Nichole Camac, CMC City Recorder