City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, APRIL 12, 2022, AT 6:35 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 LANG. THE MEETING WAS ALSO HELD ELECTRONICALLY VIA ZOOM. THE FOLLOWING MEMBERS WERE PRESENT: Karen Lang, Mayor Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 (electronically) Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 ABSENT: Lars Nordfelt, Councilmember At-Large STAFF PRESENT ELECTRONICALLY: Wayne Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/ General Counsel Eric Bunderson, City Attorney Colleen Jacobs, Police Chief (electronically) John Evans, Fire Chief 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 (electronically) Sam Johnson, Strategic Communications Director OPENING CEREMONY- COUNCILMEMBER DON CHRISTENSEN Councilmember Don Christensen provided a history of events that occurred on this day. He asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD APRIL 5, 2022  MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -2- The Council considered the Minutes of the Regular Meeting held April 5, 2022. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held April 5, 2022. Councilmember Harmon seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock stated that the County Council were talking about water usage and won’t turn on sprinklers until at least May 15. He encouraged West Valley City to do the same. Mr. Vesock stated that he has attended several grand openings in the past few months and always hears how great West Valley City staff is to work with. He indicated that he heard from a resident that a Code Enforcement Employee treated them as person which was great to hear. Mike Markham stated that he feels teachers should dress more professional instead of dressing like students. He indicated that Wayne took him to the Public Works shops and showed him the trailers being purchased for My Hometown. He expressed appreciation to Wayne and noted that he hopes My Hometown will make good use of them. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Scott Harmon stated that he had a neighbor who almost got hit on a crosswalk at 4100 South and Accord Way. He noted that this is not an isolated incident and requested that the Police Department look into a resolution. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-2-2022, FILED BY CHRISTPHER CLIFFORD, REQUESTING A GENERAL PLAN CHANGE FROM MIXED USE AND LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) TO SMALL LOT RESIDENTIAL (4 TO 7 UNITS/ACRE) AND A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RS (RESIDENTIAL SUSTAINABILITY) Wayne Pyle informed a public hearing had been advertised for the Regular Council Meeting scheduled April 12, 2022, in order for the City Council to hear and MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -3- consider public comments regarding application GPZ-2-2022, Filed by Christopher Clifford, Requesting a General Plan Change from Mixed Use and Large Lot Residential (2 to 3 units/acre) to Small Lot Residential (4 to 7 units/acre) and a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to RS (Residential Sustainability) Written documentation previously provided to the City Council included information as follows: The applicant is proposing to demolish the existing home and develop a 36- unit planned unit development (PUD) of single unit dwellings. The original proposal included 38 units; however, the applicant chose to remove 2 units. The proposed density is 6.1 units/acre. For reference, 6.5 units/acre is the maximum density allowed for a planned unit development in the RS zone. The RS zone allows for smaller lots in exchange for a development agreement commitment to build homes with high energy efficiency and low water use. The applicant’s proposed development agreement incorporates all of the RS zone standards along with additional commitments. Mayor Lang opened the Public Hearing. Mike Edmonds stated that he is concerned about Kiowa Way being extended to 3500 South. He indicated that the road wasn’t built to handle that type of traffic and would have a negative impact to the residents living in the area. Mr. Edmonds noted that the neighbors all like the idea of the subdivision and the proposed homes being built but are concerned about the connection into Kiowa Way. Sheila Nichols agreed with Mr. Edmonds. She stated that she is concerned about increased traffic. Ms. Nichols stated that the residents in the area want the homes to be built and will welcome new homeowners into the community but don’t want the extension of Kiowa Way. Dale Inkly stated that he would like some clarification on the process. He indicated that the Planning Commission recommended that Kiowa Way not be extended and would like to know why the option of extending the street is back on the table. Chris Clifford, the applicant, stated that the updated concept plan submitted to the City Council was at the request of the City Council. He indicated that the intent of this application is for a General Plan and Zone Change. He noted that this is an infill project and the homes constructed will be of a higher quality and will bring value to the entire neighborhood. Mr. Clifford noted that this property is irregularly shaped and requested flexibility on the design. He added that there was discussion of metering and HOA obligations and noted that all metering would be to the public MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -4- road. Mr. Clifford stated that the street surfacing would be the only HOA obligation aside from landscaping. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 22-13, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM MIXED USE AND LARGE LOT RESIDENTIAL (2-3 UNITS/ACRE) TO SMALL LOT RESIDENTIAL (4 TO 7 UNITS/ACRE) FOR PROPERTY LOCATED AT 5143 WEST 3500 SOUTH The City Council previously held a public hearing regarding proposed Ordinance 22-13 that would amend the General Plan to show a change of land use from Mixed Use and Large Lot Residential (2-3 units/acre) to Small Lot Residential (4 to 7 units/acre) for Property Located at 5143 West 3500 South. Mayor Lang noted that Council requested the change to extending Kiowa Way. She indicated that a majority of the Council have concerns about private streets due to the lack of inspections, burden on homeowners, and Fire Department access. Mayor Lang indicated that the homes and their sustainability standards are phenomenal but she is concerned about the private streets. Councilmember Harmon agreed with Mayor Lang and added that the street connection would also help with snow removal, street sweeping, and garbage collection. Councilmember Harmon noted that he believes this property would be better suited for the RE zone unless a really special proposal came forward for something else and he doesn’t believe this is special enough. Councilmember Huynh stated that he is concerned about the layout and the private streets. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Huynh moved to deny Ordinance 22-13. Councilmember Harmon seconded the motion. Councilmember Fitisemanu asked what the difference of the street width from Kiowa Way to the new development would be. Steve replied both would be 26 feet. A roll call vote was taken: MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -5- Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Absent Mayor Lang Yes Unanimous. Denied. ACTION: ORDINANCE NO. 22-14, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 5143 WEST 3500 SOUTH ON 5.9 ACRES FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RS (RESIDENTIAL SUSTAINABILITY) The City Council previously held a public hearing regarding proposed Ordinance 22-14 that would amend the Zoning Map to show a change of Zone for property located at 5143 West 3500 South on 5.9 Acres from A (Agriculture, Minimum Lot Size 1/2 Acre) to RS (Residential Sustainability). Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Christensen moved to deny Ordinance 22-14. Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Absent Mayor Lang Yes Unanimous. Denied. ACTION: RESOLUTION NO. 22-62, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MATRIX CAPITAL ADVISORS, LC FOR APPROXIMATELY 5.9 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 5143 WEST 3500 SOUTH MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -6- Wayne Pyle, City Manager, discussed proposed Resolution 22-62 that would authorize the City to Enter into a Development Agreement with Matrix Capital Advisors, LC for Approximately 5.9 Acres of Property Located at Approximately 5143 West 3500 South. Written documentation previously provided to the City Council included information as follows: Chris Clifford with Matrix Capital Advisors, LC has submitted a General Plan/zone change application (GPZ-2-2022) on 5.9 acres to change the zoning from A (Agriculture, minimum lot size ½ acre) to RS (Residential Sustainability) and to change the General Plan from Mixed Use and Large Lot Residential (2 to 3 units per acre) to Small Lot Residential (4 to 7 units per acre). The Planning Commission recommended approval of the General Plan/zone change subject to a development agreement. Below is a summary of the standards in the development agreement:  The number of homes is capped at 36.  The minimum square footage of finished, above‐ground, habitable floor space for homes is at least 1,560 square feet for single story ramblers and 2,400 square feet for two story dwellings.  The RS zone standards for energy and water efficiency are included.  A list of interior features for homes is included.  A list of amenities is included.  Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to deny Resolution 22-62. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes  MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -7- Councilman Nordfelt Absent Mayor Lang Yes Unanimous. Denied. B. ACCEPT PUBLIC COMMENT REGARDING APPLICATION ZT-2-2022, FILED BY WEST VALLEY CITY, REQUESTING A ZONE TEXT CHANGE TO ADD ARTIFICIAL TURF STANDARDS AND AMEND SEVERAL LANDSCAPING STANDARDS Wayne Pyle, City Manager, informed a public hearing had been advertised for the Regular Council Meeting scheduled April 12, 2022, in order for the City Council to hear and consider public comments regarding Application ZT-2-2022, filed by West Valley City, Requesting a Zone Text Change to Add Artificial Turf Standards and Amend Several Landscaping Standards Written documentation previously provided to the City Council included information as follows: West Valley City has aggressively pursued water conservation solutions in a strategic way since 2014. By implementing water conservation efforts by ordinance and practice the City has accomplished a great deal of savings and conservation. As we continue to see drought conditions the City Council desires to set forth publicly its ongoing commitment and to recognize its water partners in this effort. The City’s water partners have also requested this restatement of conservation efforts. Mayor Lang opened the Public Hearing. Mike Markham asked if the ordinance would clarify the size of rocks or gravel. Steve Pastorik, CED, stated that there are no changes to that section of the code proposed in this ordinance. He added that there is currently no standard for gravel size. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 22-15, ENACT SECTION 7-2-127 AND AMEND SECTIONS 7-6-203, 7-6-303, 7-10-103, 7-11-205, AND 7-16-103 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING ARTIFICIAL LANDSCAPING The City Council previously held a public hearing regarding proposed Ordinance 22-15 that would enact Section 7-2-127 and Amend Sections 7-6-203, 7-6-303, 7- 10-103, 7-11-205, and 7-16-103 of the West Valley City Municipal Code to Amend Certain Requirements Concerning Artificial Landscaping.  MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -8- Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Fitisemanu asked if the City would be liable for the extra heat that comes from artificial grass. Wayne replied no. Councilmember Christensen moved to approve Ordinance 22-15. Councilmember Huynh seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Absent Mayor Lang Yes Unanimous. RESOLUTION 22-63: AFFIRM WEST VALLEY CITY'S WATER CONSERVATION HISTORICAL SUCCESS, CURRENT PLAN, AND FUTURE EFFORT Wayne Pyle, City Manager, discussed proposed Resolution 22-63 that would affirm West Valley City's Water Conservation Historical Success, Current Plan, and Future Effort. Written documentation previously provided to the City Council included information as follows: While the City currently allows artificial turf as non-living landscaping, there are no standards for the quality, installation, or maintenance of artificial turf. Given the ongoing drought, staff anticipates more interest in this form of landscaping. In summary, the proposed artificial turf standards address the appropriate locations for, appearance, color, minimum height, minimum weight, warranty, installation, borders, and maintenance of artificial turf. In addition to setting minimum standards for artificial turf, the proposed ordinance would allow artificial turf to count as live plant material for up to half of the required live plant material in all zones. The proposed ordinance would also allow artificial turf as an alternative to lawn along major arterial streets. This  MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -9- revision would address concerns the City has heard from several parties about requiring lawn. The changes proposed in Section 7-11-205 would amend how the amount of required live plant material is calculated for the front yards of single unit dwellings. Currently, the amount of required live plant material is 50% of the net landscaped area where the net landscaped area is the area of the front yard less the driveway. Since the size of driveways can vary from lot to lot, the amount of required live plant material changes from lot to lot. To simplify the calculation and standardize the requirement for all lots, the proposed live plant material percentage is 30%. This percentage was derived by removing the maximum allowable hard surfacing (40%) and then dividing the remaining area by two. Lastly, the proposed change would update the required irrigation controller for commercial and multi-family residential developments to a Watersense labeled smart irrigation controller that automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. This is the type of irrigation controller recommended by the Jordan Valley Water Conservancy District. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Fitisemanu moved to approve Resolution 22-63. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Absent Mayor Lang Yes Unanimous. RESOLUTION 22-64: AWARD A CONTRACT TO PAULSEN CONSTRUCTION FOR THE CONSTRUCTION OF THE JUSTICE COURTS FACILITY CONSTRUCTION PROJECT  MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -10- Wayne Pyle, City Manager, discussed proposed Resolution 22-64 that would award a Contract to Paulsen Construction for the Construction of the Justice Courts Facility Construction Project. Written documentation previously provided to the City Council included information as follows: The West Valley City Justice Courts, City Prosecuting Offices, and Victims Services are housed in the old Public Safety Facility. This facility does not have the technology, construction value, or necessary components to operate safely and to offer full productivity. This facility has become unsafe, antiquated, and is no longer a viable location to house these City Functions. The cost of renovating the existing public safety facility is also not a viable solution. The old Public Safety Facility is scheduled to be demolished to make space for a new commercial construction in the City Center. The City has purchased the State Juvenile Facility attached to the south side of City Hall to house the Justice Courts and Prosecuting offices. The renovation of this facility will provide the adequate space for these functions and provide the latest technological standards. This facility will be a secure and safe environment for employees and members of the public. With this purchase and renovation, City Hall and the Justice Courts will provide a single building access for citizens. We have partnered with Paulsen Construction in the past as they have built our Fire Stations a few years ago with favorable outcome. Paulsen Construction will provide the renovation and reconstruction of this space with the utmost professionalism and up to date standards of construction and components that will make this facility a viable operation for a long time. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Whetstone moved to approve Resolution 22-64. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes  MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -11- Councilman Nordfelt Absent Mayor Lang Yes Unanimous. RESOLUTION 22-65: AWARD A CONTRACT TO STRATTEN AND BRATT FOR THE CONSTRUCTION OF THE ROCKY RIDGE PARK PROJECT Wayne Pyle, City Manager, discussed proposed Resolution 22-65 that would award a Contract to Stratten and Bratt for the Construction of the Rocky Ridge Park Project. Written documentation previously provided to the City Council included information as follows: Rocky Ridge Park is located at 5250 S. Summer Ridge Dr. It is 1.44 acres of land that is currently a vacant lot. This project will construct a complete park, including: playground, pavilion, picnic tables, benches, walking path, exercise equipment, trees, shrubs, drinking fountain, and an open grass area. Through online surveys and public meetings, residents of the area have been involved in the project from the naming of the park to desired features. Bids for construction were solicited and five bidders responded: Van Con Inc – $967,376.00 MC Green and Sons Inc - $1,303,636.00 Wasatch West - $1,048,162.00 Stratten and Bratt - $947,544.35 Stratten and Bratt was selected as the lowest responsible bidder. Construction will begin before mid April. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to approve Resolution 22-65. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Absent  MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -12- Mayor Lang Yes Unanimous. RESOLUTION 22-66: AWARD A CONTRACT TO ACME CONSTRUCTION FOR THE CONSTRUCTION OF THE 2022 PEDESTRIAN RAMP PROJECT Wayne Pyle, City Manager, discussed proposed Resolution 22-66 that would award a Contract to Acme Construction for the Construction of the 2022 Pedestrian Ramp Project. Written documentation previously provided to the City Council included information as follows: Bids for the project were opened on March 22, 2022, a total of two (2) bids were received. The lowest responsible bidder was Acme Construction in the amount of $274,250.00. This project will construct new pedestrian access ramps at various locations throughout the city. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Whetstone noted that costs for everything are going up. He questioned what would happen if the cost for work exceeds what is approved. Wayne replied that the approval includes extra funding for minor issues that may arise but noted that any major change or increase in cost would need to return to the Council. Councilmember Whetstone moved to approve Resolution 22-66. Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Absent Mayor Lang Yes Unanimous. RESOLUTION 22-67: AUTHORIZE THE EXECUTION OF A RELOCATION  MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -13- REIMBURSEMENT AGREEMENT WITH ZAYO GROUP, LLC Wayne Pyle, City Manager, discussed proposed Resolution 22-67 that would authorize the Execution of a Relocation Reimbursement Agreement with Zayo Group, LLC Written documentation previously provided to the City Council included information as follows: The city has asked Zayo to bury their overhead facilities on 4700 South between 4800 West and 5600 West. Zayo has agreed to perform all necessary work to bury their overhead lines in advance of the upcoming 4700 South Reconstruction project. The burial of overhead utilities prior to the roadway reconstruction project is critical to the schedule of that project. Zayo will schedule the relocation work upon execution of this agreement. The total cost for work to be done by Zayo is $184,000 which will be paid from transportation bond funds. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to approve Resolution 22-67. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Absent Mayor Lang Yes Unanimous. MOTION FOR CLOSED SESSION Councilmember Fitisemanu moved to adjourn and reconvene in a Closed Session for discussion of pending litigation. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion.  MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -14- THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, APRIL 12, 2022 WAS ADJOURNED AT 7:25 P.M. BY MAYOR LANG. I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Regular Meeting of the West Valley City Council held Tuesday, April 12, 2022. _______________________________ Nichole Camac, CMC City Recorder THE WEST VALLEY CITY COUNCIL RECONVENED IN CLOSED SESSION ON TUESDAY, APRIL 12, AT 6:27 P.M., IN THE COUNCIL CHAMBERS, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER BY MAYOR LANG. THE FOLLOWING MEMBERS WERE PRESENT: Karen Lang, Mayor Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 ABSENT: Lars Nordfelt, Councilmember At-Large STAFF PRESENT: Wayne Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager Eric Bunderson, City Attorney The City Council met in Closed Session and discussed pending litigation.  MINUTES OF COUNCIL REGULAR MEETING APRIL 12, 2022 -15- THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY CITY COUNCIL, THE CLOSED SESSION OF APRIL 12, 2022 WAS ADJOURNED AT 7:40 P.M. BY MAYOR LANG. __________________________________ Nichole Camac – City Recorder