City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, JUNE 22, 2021, 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 MEETING WAS ALSO HELD ELECTRONICALLY VIA ZOOM. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large (electronically) Don Christensen, Councilmember At-Large Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 (electronically) ABSENT: Tom Huynh, Councilmember District 1 STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel (electronically) Eric Bunderson, City Attorney Colleen Jacobs, Police Chief (electronically) John Evans, Fire Chief (electronically) Jim Welch, Finance Director (electronically) Steve Pastorik, CED Director Layne Morris, CPD Director (electronically) Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director John Flores, HR Director Sam Johnson, Strategic Communications Director Ken Cushing, IT INSIDE THE CITY VIDEO SERIES A video providing information about Chill with the Chief was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD JUNE 22, 2021  MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -2- The Council considered the Minutes of the Regular Meeting held June 22, 2021. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held June 22, 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 detailed events he attended recently including Chill with the Chief, Operation My Hometown, and Fourth of July events. Mike Rigdon expressed concern about deals being made by the Council and City Manager. He also stated that he is concerned about 4100 South and the safety of the street. Steve Vincent stated that he would like to give a shoutout to City staff for all their support with WestFest. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, provided an update on the fire situation related to July 4th. He indicated that everything went well overall and there were no large fires or significant damage. Mr. Pyle noted that Russ Willardson retired after 38 years of dedicated service with the City. He stated that Dan Johnson will be sworn in as the new Public Works Director next week. C. CITY COUNCIL COMMENTS Councilmember Buhler stated that the City takes accusations of impropriety very seriously and stated that anyone accusing nefarious action should have significant proof before stating it. He indicated that there are proper avenues a concerned citizen can follow. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-8-2021, FILED BY MOORE HOMES, LC, REQUESTING A GENERAL PLAN CHANGE FROM COMMUNITY USE 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 7147 WEST PARKWAY BLVD MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -3- Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled July 6, 2021, in order for the City Council to hear and consider public comments regarding application GPZ-8-2021, filed by Moore Homes, LC, requesting a General Plan Change from Community Use 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 7147 West Parkway Blvd. Written documentation previously provided to the City Council included information as follows: The applicant is proposing a 43-unit, single level, senior condo development. The proposed density of the project is 6.4 units/acre. Each unit would have a two-car garage and a driveway large enough to park four vehicles in since the driveways are over 40’ deep. The proposed minimum unit size is 1,520 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 and one recently approved project within the City: Year # of Project Name Address Built Acreage Units Density Zoning Valley Vu 2000- Villas 3561 S 4800 W 2002 11.8 80 6.8 R-1-8 3260 S Hunter Villa 2002- Hunter Villas 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 neighboring lots to the south and east in the Sugarplum Subdivision, which was developed as a planned unit development (PUD), average just over 12,000 square feet in area. Mayor Bigelow opened the Public Hearing. Pamela Lyon stated that she lives in a 55 and up community down the street from this proposal. She indicated that these are very needed and there are many residents MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -4- who are seeking to downsize and move into these types of communities. Robert Goodick stated that he lives near this project. He indicated that he understands the need for these types of developments, but he doesn’t feel this is a good location for this amount of density. Mr. Goodick indicated that he feels this is a great location for single family and the zoning should not be changed to higher density. He stated that he purchased a big lot and wants space and room to breathe. Mr. Goodick noted that traffic will be a significant concern. He urged the Council to listen to residents in the area and not developers who want to make money. Kesli Jensen stated that she would like to see development and is not opposed to senior housing but is concerned about the intersection at 7200 West and Parkway Blvd. She stated that there is a significant traffic and safety concern that needs to be addressed. Ms. Jensen expressed concerned about the existing entrance into her cul-de-sac and requested a dedicated turn lane be added or other solutions being looked at. She thanked the City for all the work being done and indicated she loves where she lives. Mike Rigdon stated that there is no way to regulate how many seniors actually live in these 55 and up communities. He indicated that the West Valley City fitness center defines senior as 65 years old, not 55. Mr. Rigdon stated that the number of people living in a unit should be capped. Steve Vincent stated that he served on the Council when the RE zone was established. He indicated that he and his wife have been looking for senior housing and have been unable to find units in West Valley City. Mr. Vincent stated that this is a piece of a puzzle that needs to be addressed in the City and is very desired by the community. Jim Vesock stated that this is the 4th senior development proposal that has come before the Council in the last several months. He indicated that he feels thee units look like single family homes. Randy Moore, the applicant, stated that this is the only type of development that can legally (per federal regulations) require 80% or more of residents to be 55 and older. He stated this is a fairly busy intersection. Mr. Moore discussed the property and indicated he feels it’s a good fit for this area. He detailed the need for this type of development. Mr. Moore discussed details of the development along with proposed amenities. Mayor Bigelow closed the Public Hearing. MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -5- ACTION: ORDINANCE NO. 21-39, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM COMMUNITY USE TO MEDIUM DENSITY RESIDENTIAL (7 TO 12 UNITS/ACRE) FOR PROPERTY LOCATED AT 7147 WEST PARKWAY BLVD. The City Council previously held a public hearing regarding proposed Ordinance 21-39 that would amend the General Plan to show a change of land use from Community Use to Medium Density Residential (7 to 12 units/acre) for property located at 7147 West Parkway Blvd. Councilmember Buhler stated he is in favor of this type of development and having a variety of housing in the City. He expressed concern about the amount of property left for RE housing and indicated that he would be opposed to this proposal at this particular location for that reason. Mayor Bigelow stated that it is challenging to determine what property should be rezoned RE or what should be senior housing. He noted that he is concerned about traffic at the intersection and would like the Council to discuss it at a future meeting. Wayne noted that Dan Johnson will be gathering information, and this will be provided to the Council. Councilmember Lang stated that she wouldn’t be comfortable approving this application without a traffic study. Dan Johnson, Public Works Director, stated that the Public Works Department will look into the issue and take into consideration some of the suggestions and ideas made by citizens during the meeting. He noted that options will be looked at to increase safety. Councilmember Buhler verified that the intersection is shared with Magna so West Valley only controls the portion in the City’s jurisdiction. Dan replied yes. Councilmember Lang asked how Parkway Blvd is striped. Dan stated that there is no median and detailed how the road is laid out. Steve Pastorik, CED Director, stated that single family homes generate around 10 trips per day while senior developments generate 3.5 trips per unit per day. He noted a traffic study could be required as part of the development agreement if the Council would prefer. Councilmember Buhler stated that he doesn’t see the benefit to a traffic study after approval. Randy Moore discussed traffic and striping in the area and detailed possible traffic solutions with the Mayor and Council. The Mayor and Council agreed to reopen public comment. Kesli Jensen stated traffic would be significantly less with single family homes. Mike Rigdon stated that the amount of seniors living in this development cannot be MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -6- guaranteed or the number of trips generated per unit. He indicated that this does not seem to be a safe location for seniors to live. Councilmember Lang asked if the Planning Commission voted on two access points or just one from Parkway Blvd. Steve replied they did not specify this in their motion. Councilmember Lang stated that she would prefer not to allow access to the neighboring subdivision. She verified that senior developments have to have access onto a 80 foot right-of-way. Steve 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 Nordfelt moved to approve Ordinance 21-39. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Fitisemanu No Ms. Lang No Mr. Buhler Yes Mr. Huynh Absent Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Majority. ACTION: ORDINANCE NO. 21-40, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 7147 WEST PARKWAY BLVD ON 6.72 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 21-40 that would amend the Zoning Map to show a change of Zone for property located at 7147 West Parkway Blvd on 6.72 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 Buhler moved to approve Ordinance 21-40. MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -7- Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu No Ms. Lang No Mr. Buhler Yes Mr. Huynh Absent Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ACTION: RESOLUTION NO. 21-109, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MOORE HOMES, LC FOR APPROXIMATELY 6.72 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 7147 WEST PARKWAY BLVD. Mayor Bigelow discussed proposed Resolution 21-109 that would authorize the City to enter into a Development Agreement with Moore Homes, LC for approximately 6.72 Acres of property located at approximately 7147 West Parkway Blvd. Written documentation previously provided to the City Council included information as follows: Randy Moore has submitted a General Plan/zone change application (GPZ- 8-2021) on 6.72 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 Community Use 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 7200 W and Parkway Blvd.  Multi-unit residential design standards from City Code  MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -8- 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 Resolution 21-109 with the addition of not allowing access onto Antelope Drive. Councilmember Christensen seconded the motion. Mayor Bigelow stated that he would also like the City to look at options to increase safety and improve traffic at this intersection. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Absent Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-2-2021, FILED BY WEST VALLEY CITY, REQUESTING A ZONE TEXT CHANGE TO ADD REGULATIONS FOR INTERNAL ACCESSORY DWELLING UNITS Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled July 6, 2021, in order for the City Council to hear and consider public comments regarding application ZT-2-2021, filed by West Valley City, requesting a Zone Text Change to add regulations for internal accessory dwelling units. Written documentation previously provided to the City Council included information as follows: City staff is proposing an ordinance amendment to add regulations for internal accessory dwelling units. HB 82 was passed by the Utah Legislature in the 2021 General Session of the Utah Legislature and later signed by the governor. A copy of this bill is included with this issue paper. Among other changes, the bill “requires municipalities and counties to classify certain accessory dwelling units as a permitted land use” and “prohibits municipalities and counties from establishing restrictions or requirements MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -9- for certain accessory dwelling units with limited exceptions”. In summary, cities must now allow internal accessory dwelling units within single family dwellings and the State now limits the extent of local regulation of internal accessory dwelling units. The proposed ordinance incorporates all the internal accessory dwelling unit regulations allowed under HB 82. If this proposed ordinance or one like it is not adopted, the City would be required to allow internal accessory dwellings units without regulations on things like lot size or parking. 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. 21-41, AMEND SECTIONS 7-1-103 AND 7-6- 201 AND ENACT SECTION 7-7-115.5 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS APPLICABLE TO ACCESSORY DWELLING UNITS The City Council previously held a public hearing regarding proposed Ordinance 21-41 that would amend Sections 7-1-103 and 7-6-201 and enact Section 7-7-115.5 of the West Valley City Municipal Code to amend certain requirements applicable to accessory dwelling units. 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 21-41. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Absent Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous.  MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -10- C. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-4-2021, FILED BY WEST VALLEY CITY, REQUESTING A ZONE TEXT CHANGE TO AMEND STANDARDS FOR SINGLE UNIT DWELLINGS AND TWO UNIT DWELLINGS Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled July 6, 2021, in order for the City Council to hear and consider public comments regarding application ZT-4-2021, filed by West Valley City, requesting a Zone Text Change to amend standards for single unit dwellings and two unit dwellings Written documentation previously provided to the City Council included information as follows: HB 1003 was passed by the Utah Legislature in the 2021 1st Special Session of the Utah Legislature and later signed by the governor. A copy of this bill is included with this issue paper. Among other changes, the bill prohibits cities from imposing building design elements on a one to two family dwelling. Exceptions to this prohibition include:  Building design elements agreed to under a development agreement  A land use regulation, including a planned unit development or overlay zone, that a property owner requests: o the municipality to apply to the owner’s property and o in exchange for an increase in density or other benefit not otherwise available as a permitted use in the zoning area or district. The vast majority of remaining vacant ground planned for single unit dwellings either already has a development agreement or would need to be rezoned and would therefore become subject to a development agreement. The City can still require building design elements in these instances through a development agreement. The following is a list of the building design elements from HB 1003 that are prohibited: exterior color; type or style of exterior cladding material; style, dimensions, or materials of a roof structure, roof pitch, or porch; exterior nonstructural architectural ornamentation; location, design, placement, or architectural styling of a window or door; location, design, placement or architectural styling of a garage door, not including a rear-loading garage door; number or type of rooms; interior layout of a room; minimum square footage over 1,000 square feet, not including a garage; rear yard landscaping  MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -11- requirements; minimum building dimensions; and a requirement to install front yard fencing. The proposed ordinance change removes from the City’s Zoning Ordinance any reference to building design elements as defined by State law. 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. 21-42, AMEND CHAPTER 7-11 AND SECTIONS 7-2-126, 7-6-204, 7-6-401, AND 7-14-701 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS APPLICABLE TO RESIDENTIAL BUILDING DESIGN The City Council previously held a public hearing regarding proposed Ordinance 21-42 that would amend Chapter 7-11 and sections 7-2-126, 7-6-204, 7-6-401, and 7-14-701 of the West Valley City Municipal Code to amend certain requirements applicable to residential building design. 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 21-42. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Absent Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 21-110: RATIFY THE CITY MANAGER'S APPOINTMENT OF JOSEPH TAGGART TO THE PROFESSIONAL STANDARDS REVIEW BOARD FOR A TERM COMMENCING JULY 6,  MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -12- 2021 AND ENDING JULY 1, 2023 Mayor Bigelow discussed proposed Resolution 21-110 that would ratify the City Manager's appointment of Joseph Taggart to the Professional Standards Review Board for a term commencing July 6, 2021 and Ending July 1, 2023. Written documentation previously provided to the City Council included information as follows: This resolution appoints Joseph Taggart as a member of the Professional Standards Review Board for a two year term commencing on July 6, 2021 and ending on July 1, 2023. 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. B. RESOLUTION 21-111: RATIFY THE CITY MANAGER'S APPOINTMENT OF REBECCA DUNAGAN AS A MEMBER OF THE CLEAN AND BEAUTIFUL COMMITTEE Mayor Bigelow discussed proposed Resolution 21-111 that would ratify the City Manager's appointment of Rebecca Dunagan as a member of the Clean and Beautiful Committee. Written documentation previously provided to the City Council included information as follows: Rebecca Dunagan is willing to serve as a member of the West Valley City Clean and Beautiful Committee. Members of the West Valley City Clean and Beautiful Committee are appointed for a four year term by the City Manager with the advice and consent of the City Council. 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 all items on the Consent Agenda. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes  MINUTES OF COUNCIL REGULAR MEETING JULY 6, 2021 -13- Mr. Buhler Yes Mr. Huynh Absent Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Christensen all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, JULY 6, 2021 WAS ADJOURNED AT 8:09 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, July 6, 2021. _______________________________ Nichole Camac, CMC City Recorder