City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, DECEMBER 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: Wayne T Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney Scott Buchanan, Acting Police Chief 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 Jody Knapp, CED (electronically) Steve Lehman, CED (electronically) INSIDE THE CITY VIDEO SERIES A video providing information about Christmas was displayed. SPECIAL RECOGNITIONS An award was provided to Dell Loy Hansen for his contribution to the City, particularly in regards to the Veteran’s Memorial, and in tribute to his father. An award and recognition  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -2- was also provided to Mayor Ron Bigelow and his contribution and efforts to the Veteran’s Memorial. APPROVAL OF MINUTES OF REGULAR MEETING HELD DECEMBER 7, 2021 The Council considered the Minutes of the Regular Meeting held December 7, 2021. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held December 7, 2021. Councilmember Fitisemanu seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Brent Beutler stated that he heard about the proposed development on 5450 West. He stated that he would not like to see the large trees removed on the street just for curb, gutter, and sidewalk to be installed. He stated the feel of the street doesn’t exist anywhere else in West Valley City and he would like to see it kept as is. Randy stated he has lived in West Valley City for a long time and is concerned about noise created from rice rockets. He stated that vehicles race all hours of the day and those that race are members of clubs. He noted he that he would like West Valley City and the Police Department to find a solution. Randy also stated he would like the City to hang Christmas lights along streets. Angela stated that she saw a notice about an increase in fees for street lights. She stated that she doesn’t feel this is fair as not every resident has street lights in their neighborhood. Angela also stated she would like negotiate fair property taxes. She indicated that her neighborhood, a cul-de-sac, never gets plowed during the winter. Jim Vesock stated that the City doesn’t have Christmas lights along the street because the poles don’t have plugs. He stated that he likes the changes to GPZ-14- 2021 with the additional 16 parking spaces. Mr. Vesock recognized Mayor Bigelow and Councilmember Buhler and thanked them for their service. Darrell Curtis stated that he agrees that the changes to GPZ-14-2021 were positive. He indicated that on-street parking is terrible so he would suggest signing 3200 West as no parking. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments.  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -3- C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-15-2021, FILED BY HAMLET DEVELOPMENT GROUP, REQUESTING A GENERAL PLAN CHANGE FROM FROM RURAL RESIDENTIAL (1 TO 2 UNITS/ACRE) TO LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) AND A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO RE (RESIDENTIAL ESTATE) FOR PROPERTY LOCATED AT 3702 AND 3716 SOUTH 5450 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled December 14, 2021, in order for the City Council to hear and consider public comments regarding application GPZ-15-2021, Filed by Hamlet Development Group, Requesting a General Plan Change from from Rural Residential (1 to 2 Units/Acre) to Large Lot Residential (2 to 3 Units/Acre) and a Zone Change from A (Agriculture, Minimum Lot Size ½ Acre) to RE (Residential Estate) for Property Located at 3702 and 3716 South 5450 West Written documentation previously provided to the City Council included information as follows: 5450 West has an eclectic mix of zoning, lot sizes, homes, and street improvements. Moving from north to south, zoning varies from R-2-8 (two unit dwelling residential, minimum lot size 8,000 square feet), R-1-8, R-1- 10, A, RE, A, and then back to R-1-8. Lot sizes vary from just under 6,000 square feet to over 3 acres. Many of the homes on the street were built before 1950. The latest development along the street is The Reserve, an 8-lot subdivision on the east side of the road that was rezoned from A to RE in 2018. The road is approximately ½ mile long, is tree lined along some sections, and is mostly devoid of curb, gutter, and sidewalk. The applicant has submitted a concept plan that shows the subject property being subdivided into 12 lots averaging 15,202 square feet and yielding a density of 2.7 units/acre. Three of the lots would be flag lots. Two of the lots would need a lot width reduction since the minimum lot width in the RE zone is 100’ and the minimum width for the driveway leading to two flag lots is 24’. The two existing homes would remain. Mayor Bigelow opened the Public Hearing. Rhett Olsen stated that he lives in an original home that is now included in a new subdivision. He stated that he bought this home from the developer. Mr. Olsen MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -4- stated that developers make a lot of promises but don’t follow up on them. He indicated that there was supposed to be an entry feature for the development but that has not been installed and the developer is not planning on doing one even though the homeowners were told there would be one. Mr. Olsen expressed concern about having to pay HOA fees as well as City taxes. He indicated that no one in the neighborhood wants to see any trees removed so neighbors would prefer not to have curb, gutter, and sidewalk. He indicated other developments along 5450 West that do have this should never have done it. Jim Vesock stated that curb, gutter, and sidewalks are important. He stated that the City needs to plan for the future and the developer should be required to pay for this improvement. Nick Mingo stated that he is representing the applicant. He indicated that the proposal falls within the RE zoning standards set by the City. He briefly recapped the proposed development plan. Darrell Curtis stated that he believes this proposal is too dense and any new homes in this area should be construction on ½ acre lots. Scott Harmon stated that he feels this is a subdivision with too many flag lots. He noted that he understands they are allowed but noted that this seems excessive. Mr. Harmon indicated that any new development should have curb, gutter, and sidewalk required. He noted that it’s important to look to the future needs of the neighborhood. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 21-66, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM RURAL RESIDENTIAL (1 TO 2 UNITS/ACRE) TO LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) FOR PROPERTY LOCATED AT 3702 AND 3716 SOUTH 5450 WEST The City Council previously held a public hearing regarding proposed Ordinance 21-66 that would amend the General Plan to show a change of land use from Rural Residential (1 to 2 Units/Acre) to Large Lot Residential (2 to 3 Units/Acre) for Property Located at 3702 and 3716 South 5450 West. Councilmember Fitisemanu asked what the lifespan of the trees is. Wayne indicated that he can’t be certain but noted that the trees are very mature and have been there a long time. He stated that they are likely in the latter stage of their lifespan. Councilmember Fitisemanu asked if there have been reports of falling limbs causing damage to existing homes. Wayne replied that the City is unsure if this is a problem. MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -5- Mayor Bigelow stated that the City could consider an ordinance that for every tree that is removed, another must be planted to replace it. Councilmember Lang stated that one tree is required in front of every house. Mayor Bigelow agreed but noted that there are many other trees that will be removed when this project is developed. Councilmember Huynh asked how many units per acre this proposal is. Wayne replied 2.7. Councilmember Huynh asked if tree roots cause damage to sidewalks in the City. Wayne replied yes. Councilmember Buhler stated that he is happy to see this project move forward and happy to see another RE subdivision in 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 Buhler moved to approve Ordinance 21-66. Councilmember Huynh seconded the motion. Councilmember Huynh expressed concern about HOA’s. A roll call vote was taken: Councilman Fitisemanu Yes Councilwoman Lang Yes Councilman Buhler Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Bigelow Yes Unanimous. ACTION: ORDINANCE NO. 21-67, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3702 AND 3716 SOUTH 5450 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO RE (RESIDENTIAL ESTATE) The City Council previously held a public hearing regarding proposed Ordinance 21-67 that would amend the Zoning Map to show a change of Zone for property located at 3702 and 3716 South 5450 West from A (Agriculture, Minimum Lot Size ½ Acre) to RE (Residential Estate). MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -6- 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 21-67. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilwoman Lang Yes Councilman Buhler Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Bigelow Yes Unanimous. ACTION: RESOLUTION NO. 21-203, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH HAMLET DEVELOPMENT CORP. FOR APPROXIMATELY 4.4 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3702 AND 3716 SOUTH 5450 WEST Mayor Bigelow discussed proposed Resolution 21-203 that would authorize the City to enter into a Development Agreement with Hamlet Development Corp. for Approximately 4.4 Acres of Property Located at Approximately 3702 and 3716 South 5450 West. Written documentation previously provided to the City Council included information as follows: Michael Brodsky with Hamlet Development Corp. has submitted a General Plan/zone change application (GPZ-15-2021) on 4.4 acres to change the zoning from A (Agriculture, minimum lot size ½ acre) to RE (Residential Estate) and to change the General Plan from Rural Residential (2 or fewer units per acre) to Large Lot Residential (2 to 3 units per acre). The Planning Commission recommended approval of the General Plan/zone change subject to a development agreement. Below is the list of standards from the development agreement:  The maximum number of homes shall be 12.  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -7-  All new homes shall include a 3-car garage.  Two-story homes shall have a minimum of 1,700 sq. ft. of finished floor area on the main level.  A minimum of 30% of the front placing wall shall be stone or brick.  All foundation walls more than 18” above grade shall be veneered with a finished material.  Garage doors shall be grained in texture.  Houses along 5450 West shall all face the street.  The existing large trees along 5450 shall remain.  All new homes shall meet the housing standards proposed by the developer. These are the same standards used for The Reserve Subdivision. 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 21-203 subject to requiring sidewalk, curb, and gutter along 5450 West, and if feasible along the inlet road of the subdivision. Councilmember Christensen seconded the motion. Councilmember Fitisemanu suggested adding an additional request to encourage creative ways of preserving existing trees to the motion. Councilmember Lang agreed to add that language to the motion. Councilmember Christensen seconded the addition. A roll call vote was taken: Councilman Fitisemanu Yes Councilwoman Lang Yes Councilman Buhler No Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Bigelow Yes Majority. RESOLUTION 21-204: AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH CCWV, LLC, FOR PROPERTY  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -8- LOCATED AT 3076 SOUTH DECKER LAKE DRIVE Mayor Bigelow discussed proposed Resolution 21-204 that would authorize the City to enter into a Development Agreement with CCWV, LLC, for Property Located at 3076 South Decker Lake Drive. Written documentation previously provided to the City Council included information as follows: On August 11, 2021, a conditional use application was approved for a multi- tenant light industrial building for property owned by CCWV, LLC. The property has frontage along 3100 South, which is listed as one of West Valley City’s High Image arterials. Properties along these arterials are required to include a 20’ landscaped setback from the property line. At this location however, there is a parcel of property that is owned by the Utah Department of Transportation (UDOT) that lies between the subject property and the right-of-way for 3100 South. The parcel contains the slope for the 3100 South overpass and ranges from 15’ in width on the east side to 58’ wide on the west side. This UDOT property is currently undeveloped and is maintained by West Valley City. UDOT is in the process of surplusing this property to West Valley City. To facilitate completion of landscaping along this entire frontage staff has recommended that the location of the landscaping for the CCWV, LLC project be modified. This would include a minimum of 5’ of the required landscaping on the subject property and then the remaining 15’ of the required 20’ setback be installed on the adjacent parcel. This area would include one tree every 30’ and a minimum of 50% live plant material. Due to the location and slope the applicant has also requested to eliminate the 50% lawn requirement in this area. The remaining portion of the slope will be completed with gravel and the entire area will be maintained by the developer as outlined in the attached agreement. The UDOT surplus property process is lengthy and will most likely be completed after the project construction begins therefore staff has laid out several alternatives to ensure the agreement can be satisfied based off who owns/controls the property when the improvements are ready to be installed. 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 21-203. Councilmember Nordfelt seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -9- A roll call vote was taken: Councilman Fitisemanu Yes Councilwoman Lang Yes Councilman Buhler Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 21-205: A RESOLUTION STATING THE POSITION OF WEST VALLEY CITY CONCERNING THE BANGERTER HIGHWAY GRADE SEPARATION PROJECT Mayor Bigelow discussed proposed Resolution 21-205 that would state the position of West Valley City Concerning the Bangerter Highway Grade Separation Project. Written documentation previously provided to the City Council included information as follows: UDOT is converting at-grade intersections on Bangerter Highway to freeway style grade-separated interchanges. Normal freeway interchange spacing requires 1-mile between intersected cross-streets for traditional interchanges as have been built south of West Valley City on Bangerter Highway. Cross streets between 3500 South and SR-201 are spaced at approximately ½-mile, which creates access challenges at Bangerter Highway with traditional interchange spacing. The West Valley City Council expressed a desire to study the reconstruction given the significant impacts of Bangerter Highway on the City and its residents and businesses. Recognizing the challenges associated with existing signal spacing, in advance of the UDOT project, West Valley City performed a study of potential Bangerter Highway improvements to understand the impacts of various transportation proposals that could be implemented. Through the City’s study process certain issues of concern were identified and are addressed in this resolution. Issues of concern related to project impact to the City include the following: Project impact on existing properties, particularly the state of partial residential or commercial acquisitions. The creation of unusable remnant parcels. The loss of  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -10- homes and businesses. The removal of existing landscaped buffers along commercial properties. The City encourages UDOT to be mindful of these impact-related issues in the development of the project scope. The West Valley City transportation network has been built around Bangerter Highway. The City needs to maintain access to, from and through Bangerter Highway at 4700 South, 4100 South, 3500 South, 3100 South, 2700 South, 2400 South, SR-201 South Frontage Road and SR-201. Of the evaluated alternatives, the City prefers a frontage road/freeway concept in areas where street spacing cannot accommodate access at all existing cross streets using traditional freeway interchanges (West Valley City Bangerter Highway Study- Option Number 6). The City encourages UDOT to conduct a thorough assessment of any alternatives that could provide the needed connectivity while minimizing impact to existing properties. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Fitisemanu asked how this resolution will be communicated to UDOT. Wayne replied that the City has frequent communication with UDOT on various projects so staff will be sure to let them know the City has adopted a formal resolution with a preferred alternative. He noted that the message will also convey that the City Council is always open to and seeking better solutions as well. Councilmember Fitisemanu moved to approve Resolution 21-205. Councilmember Lang seconded the motion. Councilmember Buhler stated that he feels the resolution is accurate and portrays the best alternative that the Council reviewed. However, Councilmember Buhler stated that he believes the study focused on the best ways of moving traffic through the City and not at placing priority on lessening impact for residents who live near Bangerter Highway. He stated that he doesn’t feel the study was a success and felt the City lost sight of the goal during the process. He indicated that he is opposed to this resolution for that reason. A roll call vote was taken: Councilman Fitisemanu Yes Councilwoman Lang Yes  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -11- Councilman Buhler No Councilman Huynh No Councilman Christensen No Councilman Nordfelt Yes Mayor Bigelow Yes Majority. NEW BUSINESS A. CONSIDER APPLICATIONS SMI-6-2021 THROUGH SMI-11-2021, FILED BY BRIAN MOSS, REQUESTING FINAL PLAT APPROVAL FOR THE VALLEY FAIR MALL LOTS 1-8 SUBDIVISIONS LOCATED AT 3513-3671 SOUTH CONSTITUTION BLVD. Mayor Bigelow discussed applications SMI-6-2021 through SMI-11-2021, Filed by Brian Moss, Requesting Final Plat Approval for the Valley Fair Mall Lots 1-8 Subdivisions Located at 3513-3671 South Constitution Blvd. Written documentation previously provided to the City Council included information as follows: Brian Moss, representing the Valley Fair Mall, is requesting final plat approval for 6 individual subdivision applications. The purpose for the applications are to divide the outbuildings along 3500 South and 2700 West into individual lots. Because all of the applications are essentially the same, staff will prepare one issue paper for all applications. According to the applicant, creating new lots will provide the owner an option to sell stabilized properties separately from the larger mall asset that continues to evolve and requires redevelopment. He further states that the proceeds from potential sales of the lots will be utilized to pay debt and allow Coventry to continue to invest in the future development of the mall site, specifically the interior mall component. Staff inquired about parking and cross access and was informed that the newly created lots will be sold with shared parking and access agreements – similar to what has been done with In-N-Out Burger and Panda Express. The larger mall asset will stay with Coventry so that no restrictions on the redevelopment of the interior would be subject to approval from new property owners. According to Brian’s letter (attached as part of the packet) he states that, “retail’s general headwinds and the pandemic, specifically relating to interior malls have required owners of properties to spend meaningful time, think creatively and invest additional capital to ensure the mall components  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -12- succeed.” He lists a number of ways the mall ownership has done this in his letter. Each lot will comply with provisions of the C-2 Zone. Specifically, each lot will meet or exceed 20,000 square feet which is the base minimum of the C-2 Zone. Four of the subdivision lots are single properties, with the other four lots comprising 2 subdivisions each having 2 lots. All of the existing buildings, landscaping etc., have been reviewed by Staff in previous applications. At this point, no changes to those buildings or sites are expected. The application simply allows the mall owner a future opportunity to sell these newly created lots and reinvest the proceeds back into the mall. 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 applications SMI-6-2021 through SMI-11-2021 Councilmember Buhler seconded the motion and noted that the subdivision complies with standards in the code and is therefore an administrative action. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang No Mr. Buhler Yes Mr. Huynh No Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Majority. B. CONSIDER APPLICATION PUD-6-2021, FILED BY REJ HINTZE, REQUESTING FINAL PLAT APPROVAL FOR A CONDOMINIUM CONVERSION OF THE OLD GRANGER MEDICAL OFFICE MEDICAL BUILDING LOCATED AT 3745 WEST 4100 SOUTH Mayor Bigelow discussed application PUD-6-2021, Filed by Rej Hintze, Requesting Final Plat Approval for a Condominium Conversion of the Old Granger Medical Office Medical Building Located at 3745 West 4100 South MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -13- Written documentation previously provided to the City Council included information as follows: Mr. Rej Hintze, representing Back Development is requesting final plat approval for a condominium conversion of the old Granger Medical Office Building. The subject property is located at 3745 West 4100 South and is zoned RB. As a reminder, the RB zone was to provide for various office uses, single family dwellings, and institutional uses which do not deal in merchandising, retailing, warehousing or manufacturing and should project business hours which are in harmony with contiguous zones. The original Granger Medical Office Building received conditional use approval in 1997. It was occupied with a variety of medical uses and remained in operation until the new Granger Medical Center was opened in Fairbourne Station. Since that time, the building has been vacant, but the site has been well maintained. Back Development recently acquired the building and would like to re- purpose the site by converting the interior space for individual condominiums. In a letter to the City, the applicant states, “Our purpose and proposed use is to create an office condominium facility where businesses who prefer to own an asset in real estate as opposed to leasing/renting space that does not generate value and equity can come and own their condo unit. The entire building will be divided into smaller units which allow users the affordability to own a piece of a much larger, nicer facility. It creates synergy within the building with like-minded ownership”. The developer noted that shortly after the purchase of the building, they went through an evaluation process to determine what improvements were needed. Referencing the applicant’s letter, the following items are noted in their master plan:  Painting the exterior  Resurfacing the parking lot  A full roof resurface  Updating the software for the building management system  Upgrading the exterior parking lights to high efficiency LED lighting  Updating the interior common space (flooring, paint, LED lighting system).  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -14- The applicant stressed that the building was intended to be a medical/office building from its creation, and it will continue to serve that purpose, but with owner users instead of leased tenants. According to City Ordinance, the definition of a condominium is the ownership of a single unit in a multiunit project, together with an undivided interest in the common areas and facilities of the property. All exterior parking spaces, landscaping and common areas will be held in common ownership. The applicant has submitted a preliminary declaration of condominium and CCR’s which will be recorded along with the condominium plat. The applicant has also submitted a condition of property report and proposed modifications to the interior of the building as required by City Ordinance. 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 application PUD-6-2021. 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. CONSENT AGENDA A. RESOLUTION 21-206: AUTHORIZE THE CITY TO ACCEPT A QUIT CLAIM DEED AND STORM DRAIN AND IRRIGATION EASEMENT FROM JOSE LUIS RODRIGUEZ FOR PROPERTY LOCATED AT 5410 WEST 3500 SOUTH Mayor Bigelow discussed proposed Resolution 21-206 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 Jay and Kathy  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -15- Mace for property located at 4143 South 2735 West Written documentation previously provided to the City Council included information as follows: As a condition of approval for the R&R Parking Lot Expansion conveyance of right-of-way for 3500 South as required. Piping of an existing storm drainage and irrigation ditch and conveyance of a 12-footwide Storm Drain and Irrigation Easement was also required along the easterly boundary of the project. Mr. Rodriguez was instructed to return the signed Quit Claim Deed and the Storm Drain Easement to the City for City Council approval and recording. For whatever reason Mr. Rodriguez went ahead and recorded the documents in the office of the Salt Lake County Recorder. As a result, we are now seeking formal City Council approval after the fact. B. RESOLUTION 21-207: RATIFY THE CITY MANAGER'S APPOINTMENT OF SCOTT HARMON TO THE WEST VALLEY CITY HOUSING AUTHORITY COMMISSION FOR A TERM COMMENCING JANUARY 4, 2021 AND ENDING DECEMBER 31, 2025 Mayor Bigelow discussed proposed Resolution 21-207 that would ratify the City Manager's Appointment of Scott Harmon to the West Valley City Housing Authority Commission for a Term Commencing January 4, 2021 and Ending December 31, 2025 Written documentation previously provided to the City Council included information as follows: The West Valley City Housing Authority Commission is composed of seven members, each appointed for a four-year term by the City Manager with the advice and consent of the City Council. Pursuant to Section 35A- 8-404, Utah Code Annotated 1953, as amended, the City Manager wishes to appoint Scott Harmon to the West Valley City Housing Authority Commission for a term commencing January 4, 2021 and ending on December 31, 2025. C. RESOLUTION 21-208: RATIFY THE CITY MANAGER'S REAPPOINTMENT OF LARS NORDFELT TO THE WEST VALLEY CITY HOUSING AUTHORITY COMMISSION FOR A TERM COMMENCING JANUARY 4, 2021 AND ENDING DECEMBER 31, 2025 Mayor Bigelow discussed proposed Resolution 21-208 that would ratify the City Manager's Reappointment of Lars Nordfelt to the West Valley City Housing Authority Commission for a Term Commencing January 4, 2021 and Ending December 31, 2025. Written documentation previously provided to the City Council included  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -16- information as follows: The West Valley City Housing Authority Commission is composed of seven members, each appointed for a four-year term by the City Manager with the advice and consent of the City Council. Pursuant to Section 35A- 8-404, Utah Code Annotated 1953, as amended, the City Manager wishes to reappoint Lars Nordfelt to the West Valley City Housing Authority Commission for a term commencing January 4, 2021 and ending on December 31, 2025. D. RESOLUTION 21-209: RATIFY THE CITY MANAGER'S REAPPOINTMENT OF JAKE FITISEMANU TO THE WEST VALLEY CITY HOUSING AUTHORITY COMMISSION FOR A TERM COMMENCING JANUARY 4, 2021 AND ENDING DECEMBER 31, 2025 Mayor Bigelow discussed proposed Resolution 21-209 that would ratify the City Manager's Reappointment of Jake Fitisemanu to the West Valley City Housing Authority Commission for a Term Commencing January 4, 2021 and Ending December 31, 2025. Written documentation previously provided to the City Council included information as follows: The West Valley City Housing Authority Commission is composed of seven members, each appointed for a four-year term by the City Manager with the advice and consent of the City Council. Pursuant to Section 35A- 8-404, Utah Code Annotated 1953, as amended, the City Manager wishes to reappoint Jake Fitisemanu to the West Valley City Housing Authority Commission for a term commencing January 4, 2021 and ending on December 31, 2025. E. RESOLUTION 21-210: RATIFY THE CITY MANAGER'S APPOINTMENT OF KAREN LANG AS A MEMBER OF THE WEST VALLEY CITY AUDIT REVIEW COMMITTEE FOR A TERM COMMENCING JANUARY 1, 2022 AND ENDING DECEMBER 31, 2024 Mayor Bigelow discussed proposed Resolution 21-210 that would ratify the City Manager's Appointment of Karen Lang as a Member of the West Valley City Audit Review Committee for a Term Commencing January 1, 2022 and Ending December 31, 2024. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -17- The Audit Review Committee consists of five members who serve for a term of three years. The Committee is comprised of the City Manager, two members of the City Council, one appointed citizen and a finance director from another community. The City Manager has recommended that Karen Lang be appointed as a member of this Committee. Ms. Lang is willing to accept this appointment for the term commencing January 1, 2022 and ending December 31, 2024. F. RESOLUTION 21-211: RATIFY THE CITY MANAGER'S REAPPOINTMENT OF WAYNE PYLE AS A MEMBER OF THE WEST VALLEY CITY AUDIT REVIEW COMMITTEE FOR A TERM COMMENCING JANUARY 1, 2022 AND ENDING DECEMBER 31, 2024 Mayor Bigelow discussed proposed Resolution 21-211 that would ratify the City Manager's reappointment of Wayne Pyle as a Member of the West Valley City Audit Review Committee for a Term Commencing January 1, 2022 and Ending December 31, 2024 Written documentation previously provided to the City Council included information as follows: The Audit Review Committee consists of five members who serve for a term of three years. The Committee is comprised of the City Manager, two members of the City Council, one appointed citizen and a finance director from another community. The City Manager has recommended that Wayne Pyle be reappointed as a member of this Committee. Mr. Pyle is willing to accept this appointment for the term commencing January 1, 2022 and ending December 31, 2024. G. RESOLUTION 21-212: RATIFY THE CITY MANAGER'S REAPPOINTMENT OF LARS NORDFELT AS A MEMBER OF THE WEST VALLEY CITY AUDIT REVIEW COMMITTEE FOR A TERM COMMENCING JANUARY 1, 2022 AND ENDING DECEMBER 31, 2024 Mayor Bigelow discussed proposed Resolution 21-212 that would ratify the City Manager's reappointment of Lars Nordfelt as a Member of the West Valley City Audit Review Committee for a Term Commencing January 1, 2022 and Ending December 31, 2024 Written documentation previously provided to the City Council included information as follows: The Audit Review Committee consists of five members who serve for a term of three years. The Committee is comprised of the City Manager, two members of the City Council, one appointed citizen and a finance director  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -18- from another community. The City Manager has recommended that Lars Nordfelt be reappointed as a member of this Committee. Mr. Nordfelt is willing to accept this appointment for the term commencing January 1, 2022 and ending December 31, 2024. H. RESOLUTION 21-213: RATIFY THE CITY MANAGER'S REAPPOINTMENT OF DEAN LUNDELL AS A MEMBER OF THE WEST VALLEY CITY AUDIT REVIEW COMMITTEE FOR A TERM COMMENCING JANUARY 1, 2022 AND ENDING DECEMBER 31, 2024 Mayor Bigelow discussed proposed Resolution 21-213 that would ratify the City Manager's reappointment of Dean Lundell as a Member of the West Valley City Audit Review Committee for a Term Commencing January 1, 2022 and Ending December 31, 2024 Written documentation previously provided to the City Council included information as follows: The Audit Review Committee consists of five members who serve for a term of three years. The Committee is comprised of the City Manager, two members of the City Council, one appointed citizen and a finance director from another community. The City Manager has recommended that Dean Lundell be reappointed as a member of this Committee. Mr. Lundell is willing to accept this appointment for the term commencing January 1, 2022 and ending December 31, 2024. I. RESOLUTION 21-214: RATIFY THE CITY MANAGER'S REAPPOINTMENT OF ANGELA MCCONKEY AS A MEMBER OF THE WEST VALLEY CITY AUDIT REVIEW COMMITTEE FOR A TERM COMMENCING JANUARY 1, 2022 AND ENDING DECEMBER 31, 2024 Mayor Bigelow discussed proposed Resolution 21-214 that would ratify the City Manager's reappointment of Angel McConkey as a Member of the West Valley City Audit Review Committee for a Term Commencing January 1, 2022 and Ending December 31, 2024 Written documentation previously provided to the City Council included information as follows: The Audit Review Committee consists of five members who serve for a term of three years. The Committee is comprised of the City Manager, two members of the City Council, one appointed citizen and a finance director from another community. The City Manager has recommended that Angel McConkey be reappointed as a member of this Committee. Ms. McConkey  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -19- is willing to accept this appointment for the term commencing January 1, 2022 and ending December 31, 2024. 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 the items on the Consent Agenda. 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. UNFINISHED BUSINESS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-14-2021, FILED BY BRAD REYNOLDS, REQUESTING A GENERAL PLAN CHANGE FROM GENERAL COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL (7 TO 12 UNITS/ACRE) AND A ZONE CHANGE FROM C- 2 (GENERAL COMMERCIAL) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) FOR PROPERTY LOCATED AT 3554 SOUTH 3200 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled November 23, 2021, in order for the City Council to hear and consider public comments regarding application GPZ-14-2021, Filed by Brad Reynolds, Requesting a General Plan Change from General Commercial to Medium Density Residential (7 to 12 units/acre) and a Zone Change from C-2 (General Commercial) to RM (Multiple Unit Dwelling Residential) for Property Located at 3554 South 3200 West. This item was continued to December 7, 2021 and then continued again to December 14, 2021. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -20- The applicant originally proposed a 37-unit townhome development with a density of 11.5 units/acre. After the Planning Commission’s review, the latest proposal is a 35-unit townhome development with a density of 10.9 units/acre. Each unit would have a two-car garage and 27 of the units would have a driveway large enough to park two vehicles in. The proposed minimum unit size is 1,550 sq. ft. above grade and all units would include a finished basement of 750 sq. ft. The attached concept plan and application materials from the applicant provide details on and support for the proposed project. By way of background, Brad Reynolds Construction developed The Villages at 27th, which is a 147-unit townhome development at 4500 South 2700 West. A public hearing was held preciously on November 23, 2021. ACTION: ORDINANCE NO. 21-63, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM GENERAL COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL (7 TO 12 UNITS/ACRE) FOR PROPERTY LOCATED 3554 SOUTH 3200 WEST The City Council previously held a public hearing regarding proposed Ordinance 21-63 that would amend the General Plan to Show a Change of Land Use from General Commercial to Medium Density Residential (7 to 12 units/acre) for Property Located 3554 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 Buhler moved to approve Ordinance 21-63. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilwoman Lang Yes Councilman Buhler Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Bigelow Yes Unanimous. MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -21- ACTION: ORDINANCE NO. 21-64, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3554 SOUTH 3200 WEST ON 3.2 ACRES FROM C-2 (GENERAL COMMERCIAL) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) The City Council previously held a public hearing regarding proposed Ordinance 21-63 that would amend the Zoning Map to show a change of Zone for property located at 3554 South 3200 West on 3.2 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 Christensen moved to approve Ordinance 21-64. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilwoman Lang Yes Councilman Buhler Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Bigelow Yes Unanimous. ACTION: RESOLUTION NO. 21-189, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH BRAD REYNOLDS CONSTRUCTION FOR APPROXIMATELY 3.2 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3554 SOUTH 3200 WEST Mayor Bigelow discussed proposed Resolution 21-189 that would authorize the City to enter into a Development Agreement with Brad Reynolds Construction for Approximately 3.2 Acres of Property Located at Approximately 3554 South 3200 West. Written documentation previously provided to the City Council included information as follows: Brad Reynolds has submitted a General Plan/zone change application (GPZ-14- 2021) on 3.2 acres to change the zoning from C-2 (General Commercial) to RM  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -22- (Multiple Unit Dwelling Residential) and to change the General Plan from General Commercial 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  Parking  Setbacks  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 21-189 Councilmember Buhler seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilwoman Lang Yes Councilman Buhler Yes Councilman Huynh Yes Councilman Christensen Yes Councilman 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, DECEMBER 14, 2021 WAS ADJOURNED AT 7:52 P.M. BY MAYOR BIGELOW.  MINUTES OF COUNCIL REGULAR MEETING DECEMBER 14, 2021 -23- 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, December 14, 2021. _______________________________ Nichole Camac, CMC City Recorder