City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 14, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, SEPTEMBER 14, 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 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 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 (electronically) John Flores, HR Director (electronically) Sam Johnson, Strategic Communications Director Mark Nord, RDA Director (electronically) INSIDE THE CITY VIDEO SERIES A video providing information about 9/11 was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD SEPTEMBER 7, 2021 The Council considered the Minutes of the Regular Meeting held September 7, 2021. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 14, 2021 -2- Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held September 7, 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 Lindie Beaudoin stated that she requested a Newton Farm Park last month. She indicated that the City was prompt in explaining the issue but there has been no solution to the issue. She indicated that it is unfair for the residents of Newton Farm to wait two years for the park. She noted that the parcel is covered in weeds and does not look good. Jim Vesock detailed events he attended recently including Duluth Trading Company ribbon cutting and the My Hometown CRC Building. Mr. Vesock expressed concern regarding maintenance at the Family Fitness Center and potholes in the parking lot. Mike Markham stated that he would like to see the Holiday Oil expansion that was discussed in study meeting be approved. He expressed concern about Code Enforcement and indicated that West Valley City has an image issue. Mr. Markham stated that people need to keep watering their lawns to keep them alive despite the drought. B. CITY MANAGER COMMENTS Nicole Cottle, Acting City Manager, had no comments. B. CITY COUNCIL COMMENTS Councilmember Huynh stated that he would like to discuss the Newton Farm Park and masonry fencing on commercial properties. Councilmember Fitisemanu thanked everyone for their comments. He stated that all thoughts and opinions are appreciated and heard by the Council. He indicated that not everyone can attend City Council meetings but noted that he receives calls, emails, texts, and Facebook requests from residents expressing concern or appreciation all the time. He noted that many people want to come to West Valley City because it is a great City. Mayor Bigelow stated that there are always two sides to every concern. He indicated that many issues can be attributed to finances and budget. PUBLIC HEARINGS  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 14, 2021 -3- A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-5-2021, FILED BY BRENT BEUTLER, REQUESTING A ZONE CHANGE FROM R-2-8 (TWO UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) TO R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) FOR PROPERTY LOCATED AT 3532 SOUTH 5450 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 14, 2021, in order for the City Council to hear and consider public comments regarding application Z-5-2021, filed by Brent Beutler, requesting a Zone Change from R-2-8 (Two Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet) to R-1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet) for property located at 3532 South 5450 West. Written documentation previously provided to the City Council included information as follows: The subject property includes a home that was built in 1941. The applicant would like to subdivide the property into two lots, keep the existing home on the south lot, and build a new home on the north lot. While the existing lot is large enough in area to be subdivided at 18,513 square feet, there is not sufficient lot width to allow for two lots without a development agreement exception. The applicant is requesting that the lot width be 58’ for the south lot and 74’ for the north lot. For reference, the minimum lot width in the R-1-8 zone is 80’. The existing zoning would allow for a twin home or duplex on the subject property if the existing home was demolished. The owner would prefer to build a second home and is willing to downzone the property if the lot width exception is granted. 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. 21-55, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3532 SOUTH 5450 WEST FROM FROM R-2-8 (TWO UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) TO R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) The City Council previously held a public hearing regarding proposed Ordinance 21-55 that would amend amend the Zoning Map to show a change of Zone for property located at 3532 South 5450 West from from R-2-8 (Two Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet) to R-1-8 (Single Unit Dwelling MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 14, 2021 -4- Residential, 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 Lang moved to approve Ordinance 21-55. Councilmember Nordfelt 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 21-164, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH BRENT BEUTLER FOR APPROXIMATELY 0.43 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3532 SOUTH 5450 WEST Mayor Bigelow discussed proposed Resolution 21-164 that would authorize the City to enter into a Development Agreement with Brent Beutler for approximately 0.43 acres of property located at approximately 3532 South 5450 West. Written documentation previously provided to the City Council included information as follows: Brent Beutler has submitted a zone change application (Z-5-2021) on 0.434 acres to change the zoning from R-2-8 (Two Unit Dwelling Residential, minimum lot size 8,000 square feet) to R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 square feet). The Planning Commission recommended approval of the zone change subject to a development agreement. The City’s Zoning Ordinance requires that “All new Subdivisions involving a rezone of property, or a PUD, shall participate in a Development Agreement that addresses housing size, quality, exterior finish materials,  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 14, 2021 -5- Streetscapes, Landscaping, etc.” The development agreement grants a lot width exception for the proposed lots and establishes standards for the new home to be built on the north lot. 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 21-164. 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 21-165: APPROVE AN AGREEMENT BETWEEN THE CITY AND THE UTAH DEPARTMENT OF HEALTH CONCERNING THE AWARD OF GRANT FUNDING FOR EMERGENCY MEDICAL SERVICES Mayor Bigelow discussed proposed Resolution 21-165 that would approve an Agreement between the City and the Utah Department of Health concerning the award of Grant Funding for Emergency Medical Services. Written documentation previously provided to the City Council included information as follows: Acceptance of the EMS FY 2022 Per Capita grant will provide $6,334.00 in funds from the Utah Department of Health. These funds are to be utilized for expenditures specifically related to the provisions of Emergency Medical Services, Continuing EMS education and Initial EMS training. These funds will allow for purchases specific to Emergency Medical Services that will provide for a continuing high level of care for the citizens of West Valley City. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 14, 2021 -6- Councilmember Christensen moved to approve Resolution 21-165. 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. RESOLUTION 21-166: AUTHORIZE THE CITY TO ENTER INTO ADDENDUM NO. 1 TO A LEASE AGREEMENT BY AND BETWEEN THE CITY AND THE UTAH DEPARTMENT OF TRANSPORTATION (UDOT) Mayor Bigelow discussed proposed Resolution 21-166 that would authorize the City to enter into Addendum No. 1 to a Lease Agreement by and between the City and the Utah Department of Transportation (UDOT). Written documentation previously provided to the City Council included information as follows: The City previously entered into a lease agreement with UDOT as the mechanism to give the city the right to occupy a portion of the State-owned property during the duration of the 2700 West Improvement Project between 4100 South and 4700 South). UDOT has since opted to contribute funds to the project for the city to build sidewalk and other improvements along the frontage of the UDOT property not included in the City’s project. Addendum No. 1 to the Lease Agreement with UDOT provides for a Tenant Improvement Allowance to be paid by UDOT to the City for the installation of the improvements in the amount of $154,369.17. The allowance will be used to construct sidewalk improvements adjacent to the leased property owned by UDOT. 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 Resolution 21-166.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 14, 2021 -7- 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-3-2021, FILED BY FABRICIO LABORIEL, REQUESTING FINAL PLAT APPROVAL FOR THE COTTAGES ON MERRY LANE LOCATED AT APPROXIMATELY 3420 SOUTH MERRY LANE (5275 WEST) Mayor Bigelow discussed proposed application SMI-3-2021, filed by Fabricio Laboriel, requesting Final Plat Approval for the Cottages on Merry Lane located at approximately 3420 South Merry Lane (5275 West). Written documentation previously provided to the City Council included information as follows: Fabricio Laboriel is requesting final plat approval for the Cottages on Merry Subdivision. The subject property was recently divided off from the LDS Church property to the north. It is bordered on the north by the LDS Church, and all other sides by single family residential. The subdivision will consist of 5 lots on 1.23 acres. Although zoned R-1-8, the minimum lot size is 8,700 square feet with the largest lot being 12,106 square feet. All lot area and frontage requirements of the R-1-8 zone have been met. Due to the depth of the property from Sunshine Drive, the applicant is proposing a flag lot. The lot meets the 12,000 square foot area requirements of the R-1-8 zone and will gain access from a stem on Sunshine Drive. Access to the subdivision will be gained from Merry Lane and Sunshine Drive. Both of these streets are existing with Merry Lane having full public improvements. Sunshine Drive has a rolled gutter but not sidewalk. The City Engineering Division  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 14, 2021 -8- is fine allowing the rolled gutter to remain, but sidewalk will need to be installed along that section of right-of-way. In addition, any damage to existing improvements on either right-of-way will need to be replaced in accordance with plans approved by the City Engineering Division. There are a number of mature trees on the west side of Merry Lane. Staff will recommend that special consideration should be given to keeping these trees. Staff understands that driveway access and other improvements may warrant the removal of 1 or 2 trees, but wherever possible, these trees shall remain. 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-3-2021. Councilmember Lang 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, SEPTEMBER 14, 2021 WAS ADJOURNED AT 7:08 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, September 14, 2021.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 14, 2021 -9- _______________________________ Nichole Camac, CMC City Recorder