City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING MAY 10, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, MAY 10, 2022, 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 LANG. THE MEETING WAS ALSO HELD ELECTRONICALLY VIA ZOOM. THE FOLLOWING MEMBERS WERE PRESENT: Karen Lang, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Scott Harmon, Councilmember District 2 Jake Fitisemanu, Councilmember District 4 ABSENT: William Whetstone, Councilmember District 3 STAFF PRESENT ELECTRONICALLY: Wayne Pyle, City Manager (electronically) 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 (electronically) John Flores, HR Director (electronically) Sam Johnson, Strategic Communications Director Ken Cushing, IT (electronically) OPENING CEREMONY- COUNCILMEMBER JAKE FITISEMANU Councilmember Fitisemanu introduced Pastor Vinneta Golphin-Wilkerson from Granger Christian Church. She provided a history on the Granger Christian Church founded in West Valley City. She discussed Project Cornucopia which assists families in the community who are in need. Pastor V asked that members of the Council, staff, and audience bow their head in prayer.  MINUTES OF COUNCIL REGULAR MEETING MAY 10, 2022 -2- APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 3, 2022 The Council considered the Minutes of the Regular Meeting held May 3, 2022. There were no changes, corrections or deletions. Councilmember Huynh moved to approve the Minutes of the Regular Meeting held May 3, 2022. Councilmember Nordfelt seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Sophia Tingy thanked the City for installing a sound wall on 2700 West. She noted that there has been an abandoned vehicle parked on her street for close to a month that was ticketed but is still there. Ms. Tingy stated that she viewed the sustainability page for West Valley City and likes what is there but encouraged the City to participate in and support the Community Renewable Energy program. She indicated that this program will help people to afford being more energy efficient. Jim Vesock stated that he would support the development being proposed on tonight’s agenda, Z-2-2022, with a privately owned and operated park. Mr. Vesock stated that he attended the My Hometown recital last Friday. He indicated that he has seen Police Officers enforcing speed on 4100 South. Mr. Vesock stated that there are semi’s and trailers parked within his neighborhood and parking enforcement has not dealt with the issue. Mike Markham asked when the City will begin enforcing weeds and lawncare after the winter months. Alan Naumann stated that May is the deadline for the Community Renewable Energy program opt-in. He indicated that he is not convinced that the City has taken a serious look that details both sides of the argument. Mr. Naumann stated that statistically 2/3 of residents and business owners will want to participate. He indicated that cost should not be a factor and noted that the City would just need to contribute the initial funding and additional funds can be raised privately at a later date. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments.  MINUTES OF COUNCIL REGULAR MEETING MAY 10, 2022 -3- PUBLIC HEARINGS SCHEDULED A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-2-2022, FILED BY MOORE HOMES LC, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) AND R-1-10 (SINGLE UNIT DWELLING RESIDENTIAL) FOR PROPERTY LOCATED AT 4590 SOUTH 5600 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 3, 2022, in order for the City Council to hear and consider public comments regarding application Z-2-2022, Filed by Moore Homes LC, requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to RM (Multiple Unit Dwelling Residential) and R-1-10 (Single Unit Dwelling Residential) for Property Located at 4590 South 5600 West. Written documentation previously provided to the City Council included information as follows: The applicant’s concept plan includes an 86-unit, 2 story townhome development on 9 acres, 2 single unit dwelling lots and a cul-de-sac on 1 acre, and a 1-acre City park. The density of the townhome portion of the project is 8.6 units/acre including the 1-acre park and 9.6 units/acre excluding the 1-acre park. The attached concept plan and development agreement provide details on the proposed project. By way of background, a zone change request submitted by DR Horton on this same property was denied by the City Council back in 2020. The table below compares this latest proposal from Moore Homes LC with the DR Horton proposal that was denied. Feature DR Horton’s Denied Moore Homes LC Application Application Zones requested RM on 8.2 acres, R-1-10 on RM on 10 acres and R-1- 1.7 acres, and C-2 on 1.1 10 on 1 acre acres # of Single Unit 4 2 Dwellings # of Townhomes 98 86 Size of Townhomes 1,401 to 1,417 sq. ft. above 1,560 to 1,796 sq. ft. grade above grade Townhome Not included Finished basements with Basements at least 723 sq. ft. Townhome Interiors Not addressed Commitments to interior finishes and energy MINUTES OF COUNCIL REGULAR MEETING MAY 10, 2022 -4- saving features Density of 12 units/acre 8.6 units/acre Townhomes City Park Not included 1 Acre Mayor Lang opened the Public Hearing. Randy Moore, the applicant, stated that this is a high-quality low density proposed development. He detailed the number of parking stalls, public streets, quality and size of the units, etc. Mr. Moore indicated that he met with residents and adjusted his concept to meet their requests and address their concerns. Mr. Moore stated that there is an easement that allows Dominion Energy to access their site. He indicated that vinyl fencing will be placed next to residential and a concrete masonry wall will face 5600 West. Mr. Moore stated that he has been working with UDOT on traffic and will continue to do so. He explained that this is a uniquely shaped parcel that is surrounded by various uses. He stated that this could be developed with a far heavier use but he feels a high quality, low density townhome community would be a great buffer for the various uses in the area. He noted that townhomes are a lifestyle choice for people who don’t want a yard to maintain. Pam Bryson stated that that she lives in the neighborhood north of this proposal. She indicated that she has been involved in the process, even when a different developer proposed a multi-family community at this location 2 years ago, and has felt that her voice has been heard through the process by both staff and the developer. She indicated that she likes how this concept has been modified and could see herself or her family living in the proposed development. Ms. Bryson stated that she feels this proposal is more conducive to the neighborhood. She indicated that there is still some concern regarding traffic and additional space between units and the existing residential neighborhood. Ms. Bryson asked the Council to ensure the wording in the agreement protects the rights of the residents and there are no loopholes for changes that would negatively impact them. Darrell Curtis stated that he is concerned about traffic with this proposal. He indicated that this will add more vehicles to 5600 West. Mr. Curtis stated that he feels the notice should go to more residents than just those within 300’. He indicated he understands the housing crisis but these units would not save anyone money and can be turned into rental units down the line. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 22-17, AMEND THE ZONING MAP TO MINUTES OF COUNCIL REGULAR MEETING MAY 10, 2022 -5- SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4590 SOUTH 5600 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) AND R- 1-10 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 10,000 SQUARE FEET) The City Council previously held a public hearing regarding proposed Ordinance 22-17 that would amend the Zoning Map to Show a Change of Zone for Property Located at 4590 South 5600 West from A (Agriculture, Minimum Lot Size 1/2 Acre) to RM (Multiple Unit Dwelling Residential) and R-1-10 (Single Unit Dwelling Residential, Minimum Lot Size 10,000 Square Feet). Councilmember Huynh thanked all those who spoke. He indicated that he agrees this is a unique location and the cost of land has increased, as well as the demand for this type of housing. Councilmember Huynh stated that he would prefer to see single family homes in this area and is concerned about additional traffic as well as the long-term viability of this type of project. 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 22-17. Councilmember Harmon seconded the motion. Councilmember Nordfelt stated that he agrees this is a challenging location and indicated that he feels there is a need for townhomes and this appears to be an appropriate place for that type of use. He indicated that the developer has worked with the City and residents to come up with a good product that will be a great addition to the City. Councilmember Fitisemanu agreed and indicated that this proposal has taken into consideration all the issues the previous applicant had proposed and created a better product for the City and residents. Mayor Lang stated that she doesn’t like high density and she feels there are better uses for this parcel. Councilmember Harmon stated that he feels the RE zone would be a better fit at this location. A roll call vote was taken: Councilman Fitisemanu No Councilman Whetstone Absent Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen No Councilman Nordfelt No MINUTES OF COUNCIL REGULAR MEETING MAY 10, 2022 -6- Mayor Lang Yes Motion Fails. Mayor Lang for a second motion. Councilmember Nordfelt moved to continue Ordinance 22-17 to May 24, 2022. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Absent Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. Continued. ACTION: RESOLUTION NO. 22-72, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MOORE HOMES, LC FOR APPROXIMATELY 10.97 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 4590 SOUTH 5600 WEST Wayne Pyle, City Manager, discussed proposed Resolution 22-72 that would authorize the City to Enter into a Development Agreement with Moore Homes, LC for Approximately 10.97 Acres of Property Located at Approximately 4590 South 5600 West Written documentation previously provided to the City Council included information as follows: Randy Moore has submitted a zone change application (Z-2-2022) on 10.97 acres to change the zoning from A (Agriculture, minimum lot size ½ acre) to RM (Multiple Unit Dwelling Residential) and R-1-10 (Single Unit Dwelling Residential, minimum lot size 10,000 square feet). The Planning Commission recommended approval of the zone change subject to a development agreement.  MINUTES OF COUNCIL REGULAR MEETING MAY 10, 2022 -7- The proposed development agreement addresses the following topics:  Maximum number of townhome units  Minimum townhome unit sizes  Architecture  Interior finishes  Amenities  One-acre of property to be dedicated as a City park  Standards for the two new single unit dwellings  Multi-unit residential design standards from City Code Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Nordfelt moved to continue Ordinance 22-17 to May 24, 2022. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Absent Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. Continued. ORDINANCE 22-20: AMEND SECTIONS 1-2-102 AND 1-2-107 OF THE WEST VALLEY CITY MUNICIPAL CODE TO UPDATE CERTAIN PARKS AND RECREATION FEES Wayne Pyle, City Manager, discussed proposed Ordinance 22-20 that would amend Sections 1-2-102 and 1-2-107 of the West Valley City Municipal Code to Update Certain Parks and Recreation Fees. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING MAY 10, 2022 -8- The Parks and Recreation Department has a variety of fees for services that may require small changes at times based upon costs associated with providing these services and programs. Department staff work to efficiently monitor these fees and determine if changes need to be made. Due to the quantity of these type of fees, a change was approved which authorized the City Manager to review and approve certain fees for community and recreational services based on several conditions. This is found in the Consolidated Fee Schedule under section 1-2-107 (7) entitled Community and Recreational Services Fees. The Parks and Recreation Department would like to include several additional fees within this section. These include:  Family Fitness Center: o Childcare Fees o Kidz Kamp Program Fees o Kindergarten Kamp Fees o Afterschool Kamp Fees  Golf Courses: o Green Fees o Cart Fees o Club Rental Fees o Driving Range Ball Bucket Fees o Tournament Fees o Player Pass Fees  UCCC: o Rental Fees Councilmember Huynh stated the he believes the City Council should still review these types of changes. 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 22-20. Councilmember Harmon seconded the motion. Councilmember Nordfelt stated that this change gives staff more flexibility to respond as costs change and evolve. He indicated that these are small adjustments, and he doesn’t believe staff should have to go through a longer process to get them changed as needed. Councilmember Christensen agreed and noted that he feels these types of minor fees are administrative decisions, not legislative ones. Councilmember Harmon stated that he doesn’t feel this is a big process for staff to go through and noted that elected members of  MINUTES OF COUNCIL REGULAR MEETING MAY 10, 2022 -9- the Council should make decisions that impact citizens. Councilmember Nordfelt stated that he doesn’t believe every minor increase or decrease should be reviewed by the Council but would agree on larger adjustments, like those to membership fees. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Absent Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen No Councilman Nordfelt No Mayor Lang Yes Majority. Denied. MOTION TO ADJOURN Upon motion by Councilmember Harmon all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, MAY10, 2022 WAS ADJOURNED AT 7:28 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, May 10, 2022. _______________________________ Nichole Camac, CMC City Recorder