City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, MAY 18, 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: Nicole Cottle, Acting City Manager Nichole Camac, City Recorder Eric Bunderson, City Attorney Jim Welch, Finance Director Colleen Jacobs, Police Chief John Evans, 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 MAY 11, 2021 The Council considered the Minutes of the Regular Meeting held May 11, 2021. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held May 11, 2021. Councilmember Fitisemanu seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -2- A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock stated that the purchase of a Tesla is a toy for the City Manager. He stated that the Council should not approve this purchase and should wait to see what less expensive companies come out with in the near future. Mr. Vesock stated that he would encourage approval of the proposed senior facility on the agenda. He indicated that My Hometown did a great project over the weekend and beautiful trees were donated for the project. B. CITY MANAGER COMMENTS Nicole Cottle, Acting 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 AN IMPACT FEE FACILITIES PLAN AND IMPACT FEE ANALAYSIS AND AN UPDATE TO DRAINAGE, PARK, ROAD, FIRE, AND POLICE IMPACT FEES Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled May 18, 2021, in order for the City Council to hear and consider public comments regarding an Impact Fee Facilities Plan and Impact fee Analysis and an update to drainage, park, road, fire, and Police impact fees. Mayor Bigelow opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Bigelow closed the Public Hearing. ACTION: RESOLUTION NO. 21-75, ADOPT AN IMPACT FEE FACILITIES PLAN AND IMPACT FEE ANALYSIS Mayor Bigelow discussed proposed Resolution 21-75 that would adopt an Impact Fee Facilities Plan and Impact Fee Analysis. Written documentation previously provided to the City Council included information as follows: Utah Code Annotated, Title 11, Chapter 36A requires that cities proposing to enact or amend impact fees prepare an impact fee facilities plan (IFFP) and impact fee analysis (IFA) setting forth the basis for the proposed impact fees. Accordingly, the City retained Lewis Young and Parametrix to prepare these documents in consultation with City staff. MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -3- The proposed IFFP and IFA establish current and proposed levels of service for storm sewer, parks, roads, police, and fire services, as well as the anticipated impacts of development on that level of service. The proposed impact fees are substantiated and set for in the IFFP and IFA. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Resolution 21-75. 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: ORDINANCE NO. 21-27, AMEND SECTIONS 1-2-202, 1-2-203, 1- 2-204, 1-2-205, AND 1-2-206 OF TITLE 1 OF THE WEST VALLEY CITY CODE REGARDING DRAINAGE, PARK, ROAD, FIRE, AND POLICE IMPACT FEES Mayor Bigelow discussed proposed Ordinance 21-27 that would amend Sections 1- 2-202, 1-2-203, 1-2-204, 1-2-205, and 1-2-206 of Title 1 of the West Valley City Code regarding drainage, park, road, fire, and police impact Fees. Written documentation previously provided to the City Council included information as follows: Utah Code Annotated, Title 11, Chapter 36A requires that cities proposing to enact or amend impact fees prepare an impact fee facilities plan (IFFP) and impact fee analysis (IFA) setting forth the basis for the proposed impact fees. The proposed IFFP and IFA establish current and proposed levels of service for storm sewer, parks, roads, police, and fire services, as well as the anticipated impacts of development on that level of service. The proposed impact fees are substantiated and set for in the IFFP and IFA.  MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -4- Accordingly, the City’s impact fee schedule should be revised to reflect the conclusions set forth in the IFFP and IFA. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Lang moved to approve Ordinance 21-27. 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. RESOLUTION 21-76: APPROVE THE PURCHASE OF AN ELECTRIC VEHICLE Mayor Bigelow discussed proposed Resolution 21-76 that would approve the purchase of an electric vehicle. Written documentation previously provided to the City Council included information as follows: The City has decided to purchase its first fully electric vehicle, a Tesla model Y compact SUV. This vehicle will be used by all the departments in order to gather information to guide our decisions on electric vehicles going forward. The Fleet Division will work closely with the drivers to monitor performance and drivers’ feedback. Number of Vehicles Type of Vehicle Cost Per Vehicle 1 Tesla model Y compact SUV $54,292.00 TOTAL $55,000.00 Replaced Vehicle Make Model Year  MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -5- Councilmember Lang stated that she is in favor of this because there will be no gas needed, no oil changes, and there is a bumper to bumper warranty on the vehicle for 10 years. She indicated that she would like an annual report on the savings this vehicle provides. 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 21-76. Councilmember Christensen seconded the motion. Mayor Bigelow stated that this a great savings option and will add to current environmental efforts that the City is already doing. Councilmember Buhler stated that the Tesla is the only electric vehicle available at this time. He indicated that it will be used by all departments in the City so they are able to evaluate their needs for possible future electric vehicles to be incorporated. Councilmember Buhler added that it is important to determine what maintenance looks like on these types of vehicles as well. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 21-77: AUTHORIZE THE CITY TO ACCEPT TWO TEMPORARY TURNAROUND EASEMENTS FROM MAC8, LLC AND TBJ&M, LLC Mayor Bigelow discussed proposed Resolution 21-77 that would authorize the City to accept two temporary turnaround easements from Mac8, LLC and TBJ&M, LLC. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -6- MAC8, LLC, a Utah limited liability company, TBJ&M, LLC, a Utah limited liability company have signed two Temporary Turnaround Easements over their property adjacent to the proposed Woodhollow Estates P.U.D. Phase 3 at the southwest end of Cibola Road and at the west end of Sentinal Road. Ordinance requires, “Dead-end streets, intended as access to future development parcels, shall be a maximum of one lot depth in length. With Planning Commission approval, any dead-end streets longer than one lot depth shall have a minimum of a 40-foot radius temporary turnaround area…” B. RESOLUTION 21-78: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED, TWO PERPETUAL EASEMENTS, AND TWO TEMPORARY CONSTRUCTION EASEMENTS WITH AND FROM AUSTIN AND RACHAEL ELLIOTT FOR PROPERTY LOCATED AT 4106 SOUTH 2735 WEST Mayor Bigelow discussed proposed Resolution 21-78 that would authorize the City to enter into a Right of Way Purchase Agreement and accept a Warranty Deed, two Perpetual Easements, and two Temporary Construction Easements with and from Austin and Rachael Elliott for property located at 4106 South 2735 West. Written documentation previously provided to the City Council included information as follows: This portion of the Austin Elliott and Rachael Elliott parcel located at 4106 South 2735 West is being acquired as part of the 2700 West Improvement Project Phase 2, scheduled to be constructed in 2020. This project will include construction of sidewalk, textured colored concrete park strip, street trees, and decorative street lighting along the west side of Constitution Boulevard (2700 West) from 4100 South to 4700 South. The project will also include an eight-foot tall decorative concrete post and panel wall along those properties with backyards facing Constitution Boulevard. Additionally, the project is also extending the wall and sidewalk improvements along two properties on the south side of 4100 South. The acquisition from 4106 South 2735 West includes a Warranty Deed for 394 square feet of land along the northerly three feet of the property, a Perpetual Easement for the wall and a Temporary Construction Easement. Compensation in the amount of $5,200.00 for the Warranty Deed is based upon the Appraisal Reports for neighboring properties prepared by the Fortis Group LLC. The property owners have agreed to donate the Perpetual Easement and the Temporary Construction Easement along 4100 South, as the wall and improvements along 4100 South were not part of the original project scope.  MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -7- 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 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. UNFINISHED BUSINESS: B. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-6-2021, FILED BY GREG LARSEN, REQUESTING A GENERAL PLAN CHANGE FROM LOW DENSITY RESIDENTIAL (3 TO 4 UNITS/ACRE) AND LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) TO MEDIUM DENSITY RESIDENTIAL (7 TO 12 UNITS/ACRE) AND A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) FOR PROPERTY LOCATED AT 3525 SOUTH 6800 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled May 11, 2021, in order for the City Council to hear and consider public comments regarding application GPZ-6-2021, filed by Greg Larsen, requesting a General Plan Change from Low Density Residential (3 to 4 units/acre) and Large Lot Residential (2 to 3 units/acre) to Medium Density Residential (7 to 12 units/acre) and a Zone Change from A (Agriculture, minimum lot size ½ acre) to RM (Multiple Unit Dwelling Residential) for property located at 3525 South 6800 West. This item was CONTINUED to this agenda during the May 11, 2021 meeting. Written documentation previously provided to the City Council included information as follows: The applicant is proposing a 65-unit, single level, senior living development. The proposed density of the project is 6.6 units/acre. Each MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -8- 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 attached concept plan and application materials from the applicant provide details on and support for the proposed project. For comparison, the table below describes four existing senior condo developments within the City: # of Project Year Acreag Unit Densit Zonin Name Address Built e s y g Valley Vu 2000- Villas 3561 S 4800 W 2002 11.8 80 6.8 R-1-8 Hunter 3260 S Hunter 2002- Villas Villa Ln 2003 16.3 90 5.5 R-1-10 Reunion 2009- Woods 3639 S 5600 W 2013 4.1 24 5.9 R-1-8 Bingham 2015- Point 3151 S 7200 W 2019 12.9 81 6.3 R-1-8 While the property is eligible for RM zoning, the City may still deny requests for RM zoning. An argument could be made for the RE (residential estate) zone given the surrounding single family homes. The Newton Farm Subdivision, which is the largest RE zoned development in the City, is approximately 430’ to the south. The Public Meeting had been previously opened and closed. ACTION: ORDINANCE NO. 21-23, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM LOW DENSITY RESIDENTIAL (3 TO 4 UNITS/ACRE) AND LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) TO MEDIUM DENSITY RESIDENTIAL (7 TO 12 UNITS/ACRE) FOR PROPERTY LOCATED AT 3525 SOUTH 6800 WEST ON 9.9 ACRES The City Council previously held a public hearing regarding proposed Ordinance 21-23 that would amend the General Plan to Show a Change of Land Use from Low Density Residential (3 to 4 units/acre) and Large Lot Residential (2 to 3 units/acre) to Medium Density Residential (7 to 12 units/acre) for property located at 3525 South 6800 West on 9.9 Acres. Councilmember Buhler stated that he has received many calls and emails from residents who disagreed with his perspective and have stated that they will not vote for him. He indicated that he votes for what he feels is best for the City and it would be disingenuous of him to vote against his conscience. MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -9- Councilmember Fitisemanu agreed with Councilmember Buhler’s comments. He noted that there were residents who agreed with his perspective as well as disagreed. Councilmember Fitisemanu indicated that the Council takes all comments and thoughts into consideration and appreciates being contacted by the constituents they serve but must make decisions on what they feel is best for the City. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen stated that he visited the site and felt better about the proposal after seeing it. Mayor Bigelow stated that the Council must take comments into perspective and noted that there are many residents in the City who have differing opinions. Councilmember Lang stated that she feels this parcel is better suited for a Senior Living Facility as opposed to RE. Councilmember Lang moved to approve Ordinance 21-23. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu No Ms. Lang Yes Mr. Buhler No Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Majority. Mayor Bigelow stated that there are not many vacant properties in the City and each property must be evaluated carefully for development and use. Councilmember Huynh stated that there is a demand for senior living facilities in the City. He feels that the City should not set aside property for potential developments. Mayor Bigelow stated that market drivers cannot be the only deciding factor for development. He noted that there needs to be a good balance of MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -10- housing types and opportunities in the City. ACTION: ORDINANCE NO. 21-24, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3525 SOUTH 6800 WEST ON 9.9 ACRES 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 21-24 that would amend the Zoning Map to Show a Change of Zone for Property Located at 3525 South 6800 West on 9.9 Acres 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 Christensen moved to approve Ordinance 21-24. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler No Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Majority. ACTION: RESOLUTION NO. 21-66, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PREMIER LAND DEVELOPMENT, LLC FOR APPROXIMATELY 9.9 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3525 SOUTH 6800 WEST Mayor Bigelow discussed proposed Resolution 21-66 that would authorize the City to enter into a Development Agreement with Premier Land Development, LLC for approximately 9.9 acres of property located at approximately 3525 South 6800 West. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -11- Greg Larsen has submitted a General Plan/zone change application (GPZ- 6-2021) on 9.9 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 Low Density Residential (3 to 4 units/acre) and Large Lot Residential (2 to 3 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  Improvements along 6800 W  Multi-unit residential design standards from City Code 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 21-66. 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  MINUTES OF COUNCIL REGULAR MEETING MAY 18, 2021 -12- REGULAR MEETING OF TUESDAY, MAY 18, 2021 WAS ADJOURNED AT 7:12 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, May 18, 2021. _______________________________ Nichole Camac, CMC City Recorder