City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, MAY 24, 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 (electronically) Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 (electronically) Jake Fitisemanu, Councilmember District 4 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 Ken Cushing, IT (electronically) OPENING CEREMONY- MAYOR LANG Mayor Lang asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. SPECIAL RECOGNITIONS Mayor Lang recognized Representative Elizabeth Weight (online) and Representative Judy Weeks Rohner. Mike Ashby, Future Student Body Officer President at Hunter High School, introduced himself and other class officers in attendance.  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -2- APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 10, 2022 The Council considered the Minutes of the Regular Meeting held May 10, 2022. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held May 10, 2022. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Lexi Tatafu stated that she is the Student Body Officer Historian from Hunter High School. She indicated that she loves her school, loves representing the minority, and loves being able to personally help people. Miss Tatafu stated that she loves her community and noted that students at Hunter High School are a family. She indicated that students from Hunter High have rallied around the red and white water structure located in the City and they would love to put an H on it to show their pride in West Valley City and their school. She stated that it has become a an important symbol and is an important cultural landmark to the students at Hunter High School. Addison Whetstone stated that she is a Freshman at Hunter High school and was elected to serve in student government. She stated that she would like to encourage the City to put an H on the red and white water tower because it is an important structure to the community and to the students at Hunter High School. Miss Whetstone stated that the school raised $13,000 for this year’s Make a Wish Foundation recipient. She stated that the school suffered a traffic loss this year where 2 students were killed and 1 was left seriously injured. Miss Whetstone stated that, despite this tragedy, the student body has stayed strong and supported each other through the difficult time. She indicated that adding an H to the water tower would not only stand for Hunter but would also be a symbol to represent home. Jasmine Yath stated that she is the Student Body Officer at Hunter High School over athletics. She indicated that people often ask where Hunter High School is and students often have to say “we are the community next to the school with a C on the mountain”. She stated that adding an H to the water tower would show people who Hunter High students are and would also strengthen the community. Miss Yath stated that students at Hunter High are often stereotyped and they have had to survive tragedy but there is a strong sense of connection and pride in students who attend the school. MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -3- Austin Harding stated that he is the Sophomore Class President at Hunter High School. He stated that when people think of Hunter and of West Valley City, people often envision the red and white water tower. He stated that students at Hunter have experienced tragedy this year and are often stereotyped which has been hurtful to the student population. Mr. Harding stated that adding an H to the water tower would show union and strength. Hannah Hancock stated that her family has been in West Valley City for over 50 years, back when the area was divided by Granger and Hunter. She indicated that the red and white water tower is a symbol seen across the valley and adding a lit up H to represent the students at Hunter High School would boost morale for generations to come. Niu stated he is a small business owner from Glendale. He indicated that he would like to know what the Community Renewable Energy plan would offer to small businesses. He stated that he owns a small electrical business and would like to know how to participate. Michael Finch stated he agrees with the students at Hunter High School and their vision of adding an H to the water town. He indicated that he is here tonight in support of HB411. Mr. Finch stated that he understands there is a cost involved but the cost of participating in this program would likely be equal to or less than hiring a Chief Sustainability Officer. He indicated that opting into the program would double the use of renewable energy. Mr. Finch thanked the City for the contribution to WestFest and stated that this year will be better than ever. He encouraged everyone to attend. Sophia Tingey stated that she is here to speak in favor of West Valley City entering into the Community Renewable Energy program. She indicated that it makes sense from an environmental, social responsibility, and financial standpoint. She indicated that this program will help people afford renewable energy where it is not affordable at this time. Chris Bell stated that he spoke to the Council several years ago in support of HB411. He indicated that everyone at that time was committed to allowing residents to have access to clean energy for their homes. He stated that there are different ways to access clean energy and the City should look to all those options. These include nuclear power plants (from Wyoming), wind, solar, geothermal, etc. Mr. Bell stated that the City needs a strong baseload of power and needs to work with Rocky Mountain Power to get these types of clean power sources piped into the City. Mr. Bell provided statistics on power usage and need in West Valley City.  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -4- He discussed options of obtaining Renewable Energy. He stated that he believes joining the program is a good idea but there are still more steps to go. Jana Nordfelt stated that she also supports the students at Hunter High School in getting an H on the water towner. Ms. Nordfelt stated that the City has had to make difficult decisions in the past that may not have been popular at the time but made a positive difference in the community. She detailed roadway projects and referenced UTOPIA. Ms. Nordfelt stated that she would encourage the City to join the Community Renewable Program because it will make a difference to the community in the future and is important for future generations. Mayor Lang stated that the 30-minute public comment period time was up. Councilmember Nordfelt moved to suspend the rules for a 30-minute time period and allow for others who have signed up on the comment sheet the opportunity to speak. Councilmember Fitisemanu seconded the motion subject to adding a maximum additional time of 30 minutes. Councilmember Nordfelt accepted the amended motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone No Councilman Harmon No Councilman Huynh No Councilman Christensen No Councilman Nordfelt Yes Mayor Lang No Motion Fails. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, thanked students at Hunter High School for their attendance. He stated that he loves the idea of adding an H to the water tower but noted that the City doesn’t own the water tower. He encouraged students to get in touch with the Youth City Council to get the background on it and to work with them on accomplishing their goal.  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -5- C. CITY COUNCIL COMMENTS Councilmember Nordfelt asked how many members of the audience were in favor of the Community Renewable Energy Act. Many people raised their hands. Councilmember Nordfelt asked how many members of the audience were opposed to the Community Renewable Energy Act. No one raised their hands. Councilmember Christensen state that he agrees adding an H to the water tower to represent Hunter High would be a great opportunity and is a great idea for the community. He stated that unfortunately, the Federal Government owns the water tower and not the City. He encouraged students to work with their State Legislative officials. Councilmember Harmon stated he is opposed to joining the Community Renewable Energy Act. He indicated that he has researched articles that have reinforced his opinion. Councilmember Harmon referenced a power outage in Texas where 246 people died because renewable energy capability failed. He indicated that he believes reliable energy is more important than renewable energy. Councilmember Harmon noted that he would like to continue efforts on achieving sustainable energy goals but he doesn’t believe this program is the path toward that goal. Councilmember Fitisemanu noted the Representative Angela Romero has joined the audience. Councilmember Whetstone stated he had the opportunity to review Strategic Plan presentations and staff reports that detail the City’s efforts that date back 20 years. He indicated that he recognizes the importance of this issue but doesn’t feel comfortable moving forward with the Community Energy Renewable Program act because there are too many unanswered questions on price and various other aspects. He stated that the City is making progress and he is confident that it will continue to do so. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING THE POTENTIAL ACQUISITION OF MOUNTAIN VIEW CORRIDOR SURPLUS PROPERTY FROM THE UTAH DEPARTMENT OF TRANSPORTATION Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 24, 2022, in order for the City Council to hear and consider public comments regarding the Potential Acquisition of Mountain View Corridor Surplus Property from the Utah Department of Transportation. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -6- The City is currently studying and evaluating properties along the 5600 west corridor for potential redevelopment. Some of the area being evaluated belongs to UDOT and is part of their surplus from the Mountain View Corridor construction. The City is looking to examine this surplus property as part of a larger redevelopment initiative. UDOT grants municipalities the opportunity to purchase land before it’s sold at a public auction. In order to engage, State Law and UDOT rule requires the completion of the following two items 1) the City must pass a resolution stating the property will be used to serve a public purpose, which economic development and redevelopment satisfy and 2) the City must hold a public hearing to satisfy UDOT admin rule R907-80-10. The City desires to engage with UDOT to a further degree in order to explore the possibility of purchasing the property. The City and the RDA has been working towards redevelopment of the 5600 West corridor, (located between 2100 South and 2500 South) for nearly three decades. This area has not experienced the tremendous growth like other areas to the south along 5600 west. This is largely due to the types of businesses in this section as well as the large number of owners. The RDA spent years of effort to try and redevelop this area and created an RDA project area over 20 years ago with the plan that the Tax Increment participation tool would help spur development. Unfortunately, the landowners were unwilling to sell, and the area stalled. Mountain View Corridor provided a jump start to this area as UDOT was able to use eminent domain to acquire some of the more difficult parcels for construction. Now that UDOT has finished with the corridor in this section, the ground left over from construction is now available for the City to potentially engage for redevelopment. Mayor Lang opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Lang closed the Public Hearing. ACTION: RESOLUTION NO. 22-86, DECLARE THAT THE ACQUISITION OF CERTAIN SURPLUS PROPERTY OWNED BY THE UTAH DEPARTMENT OF TRANSPORTATION IS FOR A VALID PUBLIC USE The City Council previously held a public hearing regarding proposed Resolution 22-86 that would declare that the Acquisition of Certain Surplus Property Owned by the Utah Department of Transportation is for a Valid Public Use  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -7- 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 approve Resolution 22-86. 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 Yes Mayor Lang Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION PUD-1-2022, FILED BY BRAD REYNOLDS, REQUESTING FINAL PLAT APPROVAL FOR MEADOWS ON 32ND LOCATED AT 3554 SOUTH 3200 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 24, 2022, in order for the City Council to hear and consider public comments regarding application PUD-1-2022, Filed by Brad Reynolds, Requesting Final Plat Approval for Meadows on 32nd Located at 3554 South 3200 West. Written documentation previously provided to the City Council included information as follows: Mr. Brad Reynolds is requesting final approval for the Meadows on 32nd. This plat also amends lots 1A and 2A of the AFFCU 3500 South Subdivision Amended. The subject property was rezoned in December 2021 from the C-2 zone to the RM zone and will be guided by a development agreement. The project consists of 33 units on 3.48 acres. Proposed townhomes will be two-story units with a combination of 4 and 5 plex units. Per the development agreement, the minimum square footage will be 1,550 square feet with each unit having a basement of at least 750 square feet. MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -8- All units will have a two-car garage accessed from a private road and/or drive court with each unit having a full driveway. The developer has added additional parking spaces bringing the total parking ratio to 4.5 spaces per unit. Although the parking ratio has since changed to 4.75 spaces per unit, this project received zoning approval from the City Council at 4.5 spaces per unit. Access to the subdivision will be gained from 3200 West with all internal streets and drive courts being private. The developer is required to provide 1 amenity for this project but is proposing 2. For this project, Mr. Reynolds is providing an open space that includes a large play area with playground equipment. For the second amenity, he is proposing a full perimeter walking path. The site has good connectivity from each of the units to the walking path. The developer will be fencing the north property line with a pre-cast masonry wall. The design of this wall has yet to be selected, but staff anticipates it will be similar to the wall used for the Villages on 27th also developed by Mr. Reynolds. Mr. Reynolds is also proposing to fence the west and south sides with a vinyl fence. Mayor Lang opened the Public Hearing. Darrell Curtis stated a concerned about the parking ratio in this development and would like to ensure there is sufficient guest parking. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 22-21, APPROVE THE AMENDMENT TO LOTS 1A AND 2A OF THE AFFCU WEST VALLEY 3500 SOUTH SUBDIVISION AMENDED The City Council previously held a public hearing regarding proposed Ordinance 22-21 that would approve the Amendment to Lots 1A and 2A of the AFFCU West Valley 3500 South Subdivision Amended. Upon inquiry, Steve Lehman indicated that this development is parked at 4.5 spaces per unit with 2 car garages, 2 spaces in each driveway, and additional guest stalls throughout the subdivision. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion.  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -9- Councilmember Christensen moved to approve Ordinance 22-21. Councilmember Nordfelt 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 Yes Mayor Lang Yes Unanimous. ORDINANCE 22-22: AMEND SECTION 1-2-107 OF THE WEST VALLEY CITY MUNICIPAL CODE TO UPDATE CERTAIN PARKS AND RECREATION FEES Nancy Day, Parks and Recreation Director, presented proposed Ordinance 22-22 that would amend Section 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: The WVC Family Fitness Center staff have seen an increase in operating costs for the facility childcare and Kidz Kamp programs including the all-day Kidz Kamp, Summer Kamp, Kindergarten Kamp and After School Kamp. A fee increase is proposed to help alleviate the increased costs. The proposed fees outlined below remain comparable to most nearby facilities who offer similar programs and services. Proposed Fee Changes: Non-Member Hourly Childcare: $4 per hour (Previously $2.50 per hour) Member Hourly Childcare: $2 per hour after free first hour Kidz Kamp All-Day Program: $30 per day (Previously $27 per day) After School Kidz Kamp: $12 per day (Previously $10 per day) Kindergarten Kidz Kamp: $17 per day (Previously $15 per day) All Kidz Kamp fees will now include a 15% discount for FFC members Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion.  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -10- Councilmember Harmon moved to approve Ordinance 22-22. 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 Yes Mayor Lang Yes Unanimous. RESOLUTION 22-87: AUTHORIZE THE PURCHASE OF A BIKE PARK FROM AMERICAN RAMP COMPANY Wayne Pyle presented proposed Resolution 22-87 that would authorize the Purchase of a Bike Park from American Ramp Company Written documentation previously provided to the City Council included information as follows: With the success of the skate park, and pump track, including high demand from bicyclists, it has been determined that a bike park type course should be located in close proximity to the skate park and incorporate the pump track. This will increase the usable area of the skate park; reducing congestion and increasing safety for all participants, and will create more bike features (banks, berms, hills, jumps, etc.). This will be a new element which will enhance the park not just for bicycles, but for all wheeled users. As Centennial Park continues to be developed, and with the success of the Skate Park and Pump Track, it has been determined that a bike park should be installed. This bike park will help alleviate some congestion at the skate park and will add additional elements that would increase the draw to the skate park from users of all skill levels. The park will have asphalt trails and manufactured ramps, berms, whoops, tunnels and bridge. It will be around the perimeter of the retention basin, and will be a one of a kind facility east of the Mississippi River.  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -11- The new Bike Park features and installation will be obtained from American Ramp Company using Sourcewell Cooperative Purchasing contract number 112420- ARC. Wayne indicated that the City is asking for a continuance on this item until June 7, 2022 to allow HUD time to complete their approval process. 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 Resolution 22-87 to June 7, 2022. 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 Yes Mayor Lang Yes Unanimous. Continued. RESOLUTION 22-88: AWARD A CONTRACT TO KILGORE CONTRACTING FOR THE CONSTRUCTION OF THE 3100 SOUTH ATP OVERLAY PROJECT Wayne Pyle discussed proposed Resolution 22-88 that would award a Contract to Kilgore Contracting for the Construction of the 3100 South ATP Overlay Project. Written documentation previously provided to the City Council included information as follows: Earlier this year, West Valley City executed a cooperative agreement with UDOT allocating $720,000 of State Transportation Investment Funds (TIF) towards resurfacing and adding bike lanes to 3100 South from 4000 West to 4800 West. The Public Works Department will utilize local transportation funds to extend the project limits to 5600 West. In addition, the project will include the replacement of all substandard pedestrian access ramps and failing storm drain infrastructure. Bids for the 3100 South ATP Overlay project were opened on May 3, 2022, a total of three (3) bids were received. The lowest responsible bidder was Kilgore  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -12- Contracting in the amount of $4,253,777.10. Due to the lead time currently associated with concrete pipe, it is anticipated that the work east of 4800 West will be complete this year, with the remainder of the work taking place in the spring/early summer of 2023 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 approve Resolution 22-88. 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 Yes Mayor Lang Yes Unanimous. RESOLUTION 22-89: APPROVE THE PURCHASE OF STREETLIGHTS FROM MOUNTAIN STATES LIGHTING Wayne Pyle discussed proposed Resolution 22-89 that would approve the Purchase of Streetlights from Mountain States Lighting. Written documentation previously provided to the City Council included information as follows: The Street Light Utility needs to order street light assemblies for upcoming projects as well as other materials for routine maintenance of the street light system. Mountain States Lighting has supplied street lights to the City since 2006. The City normally purchases lights directly from the Mountain States and supplies them to City contractors for installation because of a significant discount given to the City. 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 approve Resolution 22-89.  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -13- 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 Yes Mayor Lang Yes Unanimous. RESOLUTION 22-92: AUTHORIZE WEST VALLEY CITY TO ENTER INTO THE COMMUNITY RENEWABLE ENERGY PROGRAM AND APPROVE AN INTERLOCAL COOPERATION AGREEMENT GOVERNING THAT PARTICIPATION Wayne Pyle, City Manager, discussed proposed Resolution 22-92 that would authorize West Valley City to Enter into the Community Renewable Energy Program and Approve an Interlocal Cooperation Agreement Governing That Participation. Written documentation previously provided to the City Council included information as follows: The Community Renewable Energy Program was created by the Utah State Legislature through the passage of HB411 during the 2019 legislative session. West Valley City was one of 24 communities that passed a resolution by December 31, 2019 which met the statutory requirements for becoming an “eligible community.” The deadline to join the interlocal entity as a “participating community” is May 31, 2022. This resolution would authorize that participation through the adoption of the Interlocal Agreement. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Nordfelt stated that there has been a lot of conversation on this topic. He indicated that this is a very important decision and he feels strongly that joining the program is the right thing to do. Councilmember Nordfelt stated that it is less than a dollar per resident to participate and stay in this phase. Councilmember Nordfelt stated that this is something that is very important to the long-term well being of West Valley City.  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -14- Councilmember Nordfelt moved to approve Resolution 22-92. Councilmember Fitisemanu seconded the motion. Councilmember Christensen stated that he has given this topic much consideration. He stated that he agrees this is a important decision and renewable energy is important to the community and environment moving forward. However, Councilmember Christensen stated that he doesn’t believe Rocky Mountain Power is the entity to talk to. He stated that Rocky Mountain Power answers to a higher network and are bound by them. Councilmember Christensen stated that he is concerned about the implementation of the Community Renewable Energy Act program. He stated that he recently visited Coachella County in California. He stated that they have renewable energy and the cost per household is $250 a month and they’ve had renewable energy feeding into the county for over 50 years. Councilmember Christensen stated that he doesn’t believe the cost of taxpayer money is worth entering into this interlocal agreement. Wayne stated that he wants to make sure it is clear that no matter how the Council votes tonight, West Valley City and the City Council are committed to developing a renewable energy goal and moving down a clean energy path. He stated that some may believe in the Community Renewable Energy program while others don’t but the City is unified in reaching energy efficiency goals. Wayne stated that technologies change, options change, and the City will continue to explore all that it can as new solutions and ideas come forward. Mayor Lang thanked the Council for the time, research, and energy that they put into considering their options for this vote tonight. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone No Councilman Harmon No Councilman Huynh No Councilman Christensen No Councilman Nordfelt Yes Mayor Lang No Denied. CONSIDER APPLICATION S-3-2021, FILED BY SHAUN JOHNSON, REQUESTING FINAL PLAT APPROVAL FOR THE WESTON FIELDS SUBDIVISION- PHASE 2, LOCATED AT 6840 WEST 4100 SOUTH  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -15- Wayne Pyle, City Manager, presented proposed Application S-3-2021, Filed by Shaun Johnson, Requesting Final Plat Approval for the Weston Fields Subdivision- Phase 2, Located at 6840 West 4100 South Written documentation previously provided to the City Council included information as follows: Mr. Shaun Johnson, is requesting final plat approval for the 2nd phase of the Weston Fields Subdivision. The subdivision consists of 38 lots on 13 acres. This equates to an overall density of 2.9 units per acre. The subdivision contains lots that are zoned R-1-8 and RE. There are 22 lots in the R-1-8 portion and 16 lots zoned RE. All lots meet the frontage and area requirements of both the R-1-8 and Re Zones. The subdivision will gain access from 4100 South and from existing stub streets in phase 1 of the Weston Fields Subdivision to the east. Although future residential development to the west is not anticipated, the developer is providing a stub street between lots 204 and 205. The street cross section used throughout the subdivision will be a 54-foot right-of-way which includes a 5-foot sidewalk and 5-foot parkstrip. In addition to the internal streets, the developer will be dedicating and improving 33-feet along 4100 South. A 6’ tall masonry wall will be installed along 4100 South. Since the City recently installed a consistent style masonry wall along 4100 South between Bangerter Highway and 5460 West, staff recommends the same style of masonry wall be installed for this subdivision. An existing rail line is located at the south boundary of the subdivision. During the rezone application for this subdivision, the City Council required as part of the development agreement, that a note be placed on the plat that that identifies the subdivision as being next to a rail line and will be subject to sounds associated with an active rail line. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon stated that this is a difficult parcel and he feels the applicant did a great job of incorporating the RE zone. Councilmember Christensen moved to approve Application S-3-2021. Councilmember Fitisemanu seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -16- A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. UNFINISHED BUSINESS 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 10, 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. Mayor Lang indicated that this item was continued on May 10, 2022 to May 24, 2022. 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. MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -17- 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 saving features Density of 12 units/acre 8.6 units/acre Townhomes City Park Not included 1 Acre Mayor Lang stated that a public hearing was already opened and closed on May 10, 2022. ACTION: ORDINANCE NO. 22-17, 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) 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). 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 approve Ordinance 22-17. Councilmember Fitisemanu seconded the motion. MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -18- Councilmember Harmon stated that he feels this would be a more appropriate zone for RE. He stated that in the entire City, from 2700 South to 5400 South, there are only 2 vacant parcels left that are over 10 acres. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone No Councilman Harmon No Councilman Huynh No Councilman Christensen No Councilman Nordfelt Yes Mayor Lang No Motion fails. Councilmember Lang called for a second motion. Councilmember Nordfelt moved to deny Ordinance 22-17. Councilmember Harmon seconded the motion. Councilmember Christensen agreed that this property would be better served as RE. Councilmember Fitisemanu stated that he voted for approval because neighbors in the area liked the proposal. A roll call vote was taken: Councilman Fitisemanu No Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Majority. 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 MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -19- 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. 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 deny Ordinance 22-17. 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 Yes Mayor Lang Yes  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -20- Unanimous. CONSENT AGENDA A. RESOLUTION 22-90: AUTHORIZE THE CITY TO APPROVE A DELAY AGREEMENT WITH CREWE EHE, LLC TO DELAY CERTAIN IMPROVEMENTS AT 3594 SOUTH 5450 WEST Wayne Pyle discussed proposed Resolution 22-90 that would authorize the City to Approve a Delay Agreement with Crewe EHE, LLC to Delay Certain Improvements at 3594 South 5450 West. Written documentation previously provided to the City Council included information as follows: Crewe EHE, LLC has requested to delay the installation of off-site improvements on 3594 South 5450 West as required by ordinance for their proposed two-lot subdivision. Improvements include the installation of curb, gutter, sidewalk, storm drain, and an asphalt tie-in to the existing roadway. Presently, there are no adjoining improvements near this property and no storm drain outfall available nearby. The installation of curb and gutter at this time would cause problems on adjoining properties as there is no storm drain system to which the collected runoff could be conveyed. Delaying these improvements until additional infrastructure is in place along 5450 West would eliminate the creation of drainage problems. 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 Resolution 22-90. Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone No Councilman Harmon Yes Councilman Huynh No Councilman Christensen Yes Councilman Nordfelt No  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -21- Mayor Lang Yes Majority. B. RESOLUTION 22-91: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM DAVID PANYA AND LEUANE DOUANGPAPHA FOR PROPERTY LOCATED AT 4909 WEST 3100 SOUTH Wayne Pyle discussed proposed Resolution 22-91 that would authorize the City to enter into a Right of Way Purchase Agreement and Accept a Warranty Deed and Temporary Construction Easement With and From David Panya and Leuane Douangpapha for Property Located at 4909 West 3100 South. Written documentation previously provided to the City Council included information as follows: The David Panya and Leuane Douangpapha property is one of nine properties affected by the 3100 South ATP Overlay Project. The project will include roto-milling and overlaying the asphalt on 3100 South from 4000 West to 5600 West. This project will also require the removal and replacement of pedestrian ramps to meet current ADA standards. The Warranty Deed and Temporary Construction Easement will facilitate construction of the pedestrian ramps. Compensation in the amount of $500.00 was negotiated based upon land values for properties in the area. 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 approve Resolution 22-91. 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 Yes  MINUTES OF COUNCIL REGULAR MEETING MAY 24, 2022 -22- Mayor Lang Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Fitisemanu all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, MAY 24, 2022 WAS ADJOURNED AT 7:42 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 24, 2022. _______________________________ Nichole Camac, CMC City Recorder