City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING JULY 5, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, JULY 5, 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 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 (electronically) William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Nicole Cottle, Acting City Manager Nichole Camac, City Recorder (electronically) Ryan Robinson, Acting City Attorney Colleen Jacobs, Police Chief (electronically) John Evans, Fire Chief (electronically) Jim Welch, Finance Director Steve Pastorik, CED Director (electronically) Layne Morris, CPD Director (electronically) Dan Johnson, Public Works Director (electronically) Jamie Young, Acting Parks and Recreation Director John Flores, HR Director Sam Johnson, Strategic Communications Director (electronically) Ken Cushing, IT OPENING CEREMONY- COUNCILMEMBER WILLIAM WHETSTONE Councilmember William Whetstone invited members of the Cyprus High School Spinnaker team to do a performance and flag ceremony followed by the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD JUNE 28, 2022 The Council considered the Minutes of the Regular Meeting held June 28, 2022. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING JULY 5, 2022 -2- Councilmember Huynh moved to approve the Minutes of the Regular Meeting held June 28, 2022. Councilmember Whetstone seconded the motion. A voice vote was taken and all members voted in favor of the motion. PROCLAMATIONS A. PROCLAMATION RECOGNIZING THE MONTH OF JULY 2022 AS PARK AND RECREATION MONTH Councilmember Huynh read a Proclamation recognizing the month of July 2022 as Parks and Recreation Month in West Valley City. COMMENT PERIOD A. PUBLIC COMMENTS Quinn Kotter stated that there was an ordinance passed in 2011 that restricted fireworks being lit in West Valley Parks. He asked the City to revisit this ordinance because parks are a great location to light fireworks. He noted he is also running for the State House 26 and would like to know what issues the City prioritizes. Jim Vesock stated that he would be opposed to fireworks in parks due to the garbage left behind. He stated that there is a lot of garbage left along streets following the 4th of July. Mr. Vesock expressed concern about weeds, semis parking on streets and properties, and trash left in parks. Myles Winn stated that he called the non-emergency line with fireworks being lit late into the night in his neighborhood. He stated that he was told that the noise ordinance is normally 10 PM but the 4th of July holiday allows for 12 AM. Mr. Winn indicated that he has a dog and also works at 6 AM so it’s difficult to sleep with this noise. He indicated that in addition to the fireworks, people were doing donuts in the church parking lot behind his home. Mr. Winn stated that he would like the Council to reconsider the time on the noise ordinance when the 4th of July holiday falls on a weeknight. He also expressed concern about overflowing trash cans and the garbage that winds up on his property. He noted that he is also concerned about fireworks starting his lawn on fire as he has kept it barely alive to conserve water this summer. Mike Markham stated that tickets for illegal semi’s should be increased with each violation. B. CITY MANAGER COMMENTS Nicole Cottle, Acting City Manager, had no comments. C. CITY COUNCIL COMMENTS  MINUTES OF COUNCIL REGULAR MEETING JULY 5, 2022 -3- Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-8-2022, FILED BY ARCADIA SP, INC., REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) FOR PROPERTY LOCATED AT 3789 SOUTH 5200 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled July 5, 2022, in order for the City Council to hear and consider public comments regarding application Z-8-2022, Filed by Arcadia SP, Inc., Requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to R- 1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet) for Property Located at 3789 South 5200 West. Written documentation previously provided to the City Council included information as follows: The applicant has submitted a concept plan that shows the subject property being subdivided into 7 lots with 3 of the 7 being flag lots. The existing home would remain on one of the lots. The average lot size is 12,063 square feet including the stems of the flag lots and 11,280 square feet excluding the flag lots. While the 4 west lots all exceed 8,000 square feet in area, they are all below the required minimum lot width of 80’. The applicant is requesting a lot width exception in the development agreement for these 4 lots. The applicant has submitted a development agreement proposal that is summarized below:  The minimum house size for all ramblers will be 2,000 square feet. For two story and multi-level homes, the minimum house size will be 2,500 square feet for three lots and 3,000 square feet for the other three lots.  No home will share the front elevation as another home.  All new homes will have a 3-car garage.  All new homes will have 9’ ceilings on the main level, two tone paint, and quartz or granite countertops in kitchens and bathrooms.  Exterior walls will be constructed with 2” x 6” studs. MINUTES OF COUNCIL REGULAR MEETING JULY 5, 2022 -4-  All new homes shall be meet the architectural requirements that were in effect up until July of 2021 when the ordinance was amended to comply with changes in state law. Mayor Lang opened the Public Hearing. Becky Rueckert stated that her great grandfather purchased this property to serve his family and built a beautiful home. She indicated that unfortunately the family must sell due to unfortunate circumstances. Ms. Rueckert indicated that it would be a travesty to see the home destroyed and her only request is that it remain. She stated that the home is in perfect condition and would stand as a testament to her family for many years. Mike Markham stated that he feels this would not be an attractive subdivision with the flag lots. He added that he wouldn’t want someone he disliked living in his backyard. Jim Vesock stated that he is concerned about the double driveway with a shared flag lot. He stated that maintenance responsibility would be a concern. James Rueckert stated that he has been part of the family for the last 40 years. He indicated that no matter how this property is developed, the lots will be smaller than what it is now. He indicated that this proposal allows for larger lots and more separation than any other configuration would provide. Ken Milne, the applicant, indicated that this is a unique piece of property and there is a lot of history and heritage. He stated that as he worked with the family to develop, it wasn’t about how many lots could be squeezed onto the property but about how it could be developed best for future owners. Mr. Milne indicated that all lots are larger than the minimum standard and the thought with the large flag lots in the back were to allow for RE zone standards. He stated that the goal with this proposed development was to preserve the older home that was a built in 1931 and is still in good condition. Mr. Milne indicated that he developed Newton Farms and the homes that will be built in this development will be to the same standard. He stated that he has done shared driveways in other projects and not seen a problem but indicated that he could do a road maintenance agreement or a concrete driveway. Mr. Milne stated that changing the layout would require the existing home to be removed and would make the lots smaller. Patty Martin stated that this is a beautiful property and she has lived behind it for 30 years. She indicated that she is glad to see that this proposal keeps the existing house as it is. Ms. Martin stated that her biggest concern is having large homes in MINUTES OF COUNCIL REGULAR MEETING JULY 5, 2022 -5- her backyard. She also stated that there are a lot of trees and wildlife and she is concerned about those being removed. Ms. Martin stated that she would like to have less homes near her property line. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 22-26, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3789 SOUTH 5200 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) The City Council previously held a public hearing regarding proposed Ordinance 22-26 that would amend the Zoning Map to Show a Change of Zone For Property Located at 3789 South 5200 West from A (Agriculture, Minimum Lot Size 1/2 Acre) to R-1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet). Councilmember Harmon stated that he thinks this is an appropriate use of the land but he is concerned about reducing the frontage for the homes along 5200 West. Councilmember Huynh thanked the applicant for taking the time to consider this property and for finding a way to keep the existing home. He indicated that he is concerned that the flag lots behind the homes is a safety concern. Councilmember Whetstone stated he isn’t a big fan of flag lots but understands that the dimensions of this property make developing it very difficult. He noted that he isn’t concerned about the frontage reduction because variances are granted for special circumstances by the Board of Adjustment. He stated that given the unique layout of this property, he is in favor of this application. Councilmember Nordfelt stated that Ken Milne has been a good partner with the City and produces a great, high quality product. He noted that this is a uniquely shaped property and he feels that this proposal is a good compromise even though it may not be ideal. He indicated that he is happy to see the existing home preserved. 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 22-26. Councilmember Christensen seconded the motion. A roll call vote was taken: MINUTES OF COUNCIL REGULAR MEETING JULY 5, 2022 -6- Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh No Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Majority. ACTION: RESOLUTION 22-116, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ARCADIA SP, INC. FOR APPROXIMATELY 1.93 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3789 SOUTH 5200 WEST Nicole Cottle, Acting City Manager, discussed proposed Resolution 22-116 that would authorize the City to Enter Into a Development Agreement With Arcadia SP, Inc. for Approximately 1.93 Acres of Property Located at Approximately 3789 South 5200 West. Written documentation previously provided to the City Council included information as follows: Ken Milne with Arcadia SP, Inc. has submitted a zone change application (Z-8-2022) on 1.93 acres to change the zoning from A (Agriculture, minimum lot size ½ acre) to R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 square feet). The Planning Commission recommended approval of the zone change subject to a development agreement. The City’s Zoning Ordinance requires that “All new Subdivisions involving a rezone of property, or a PUD, shall participate in a Development Agreement that addresses housing size, quality, exterior finish materials, Streetscapes, Landscaping, etc.” The development agreement grants a lot width exception for four of the proposed lots and establishes standards for the new homes. 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 22-116. Councilmember Whetstone seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING JULY 5, 2022 -7- Mayor Lang asked if Councilmember Nordfelt would like to amend his motion to require a maintenance agreement for the shared driveway. Councilmember Nordfelt replied no. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh No Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang No Majority. RESOLUTION 22-117: AUTHORIZE THE ACCEPTANCE OF TWO PROPOSALS BY KEDDINGTON AND CHRISTENSEN, CERTIFIED PUBLIC ACCOUNTANTS, LLC TO PROVIDE AUDITING SERVICES TO WEST VALLEY CITY FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Nicole Cottle, Acting City Manager, presented proposed Resolution 22-117 that would authorize the Acceptance of Two Proposals by Keddington and Christensen, Certified Public Accountants, LLC to Provide Auditing Services to West Valley City for the Fiscal Year Ending June 30, 2022. Written documentation previously provided to the City Council included information as follows: West Valley City is legally required to engage the services of an independent audit firm to audit its operations. Keddington & Christensen auditors have demonstrated experience and proficiency in municipal audits and knowledge of City operations. This audit will be conducted in accordance with auditing standards generally accepted in the United States of America: the standards for financial audits contained in the Government Auditing Standards, issued by the Comptroller General of the United States. Keddington & Christensen, Certified Public Accountants, LLC. has provided audit services for the City in the past and has the technical expertise to evaluate and review all aspects of the City’s complex operations. 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 JULY 5, 2022 -8- Councilmember Christensen moved to approve Resolution 22-117. 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 Yes Mayor Lang Yes Unanimous. RESOLUTION 22-118: AUTHORIZE THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT WITH SALT LAKE COUNTY FOR MAINTENANCE OF 7200 WEST Nicole Cottle, Acting City Manager, presented proposed Resolution 22-118 that would authorize the Execution of an Interlocal Cooperation Agreement with Salt Lake County for Maintenance of 7200 West. Written documentation previously provided to the City Council included information as follows: 7200 West is a shared road between Magna Metro Township and West Valley City. 7200 West pavement needs preventative maintenance to prolong the pavement life and improve the driving surface. A chip seal consists of the spray application of a thin sheet of asphalt emulsion, into which a uniform layer of small rocks or chips is placed and rolled to embed the chips. A flush coat of asphalt emulsion is applied to lock down any loose chips along with the placement of a fine sand to absorb any excess asphalt emulsion. This treatment is being applied to preserve pavement on higher volume roads. The chip seal will help protect the oil in the existing pavement from oxidation due to water and sunlight, in addition to providing skid resistance. Magna Metro Township has contracted with Salt Lake County Public Works to install a chip seal on the existing pavement, and the West Valley City Public Works Department recommends that the same work be performed concurrently on both sides of the street.  MINUTES OF COUNCIL REGULAR MEETING JULY 5, 2022 -9- The same treatment was performed by Salt Lake County on 7200 West between 3500 South and Parkway Blvd in 2021 and is performing well. 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 22-118. 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 Yes Mayor Lang Yes Unanimous. RESOLUTION 22-119: DECLARE WEST VALLEY CITY'S SUPPORT FOR UTAH'S BID TO HOST THE WINTER OLYMPICS Mayor Lang presented proposed Resolution 22-119 that would declare West Valley City's Support for Utah's Bid to Host the Winter Olympics Written documentation previously provided to the City Council included information as follows: This resolution expresses the City’s support for a future Winter Olympics to be held in Utah. The resolution also sets forth several goals to be achieved in the process of preparing for and hosting the Games. Utah hosted the Winter Olympics in 2002. The Winter Olympics were a significant event for the City and other communities in the state and spurred major infrastructure projects that continue to benefit the City and the state. If Utah’s bid is successful, it is most likely that the Winter Olympics would be hosted in 2030 or 2034. 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 JULY 5, 2022 -10- Councilmember Whetstone moved to approve Resolution 22-119. 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 Yes Mayor Lang Yes Unanimous. NEW BUSINESS A. CONSIDER APPLICATION SMI-4-2021, FILED BY TED DIDAS, REQUESTING FINAL PLAT APPROVAL FOR THE CARPE DIEM AUCTUM SUBDIVISION LOCATED AT 5470 SOUTH 5600 WEST Nicole Cottle, Acting City Manager, discussed Application SMI-4-2021, Filed by Ted Didas, Requesting Final Plat Approval for the Carpe Diem Auctum Subdivision Located at 5470 South 5600 West Written documentation previously provided to the City Council included information as follows: Ted Didas, is requesting final subdivision approval for the Carpe Diem Auctum Subdivision. The proposed subdivision is bordered on the north by a Chevron Gas Station and the south and west by property owned by UDOT. The proposed subdivision will consist of 2 lots on 2.06 acres. Each lot is approximately 1 acre in size, or 43,560 square feet. The C-2 Zone requires a minimum lot size of 20,000 square feet. Access to the subdivision will be gained from 5600 West. Public improvements exist along the west side of 5600 West including curb, gutter, a stamped concrete parkstrip and sidewalk. There will be one point of access from 5600 West to be used in conjunction with the property to the south.  MINUTES OF COUNCIL REGULAR MEETING JULY 5, 2022 -11- According to the plat, various easements exist for a retention pond and storm water. These easements were put in place in 1986 and 1994 respectively. They are both in favor of Salt Lake County. The developer has been working with the City Engineering Division to resolve these issues. Although there will be additional reviews as part of a permitted or conditional use application in the future, staff would like to note that there is a grade difference between this property and the Chevron to the north. The site will need to be graded or contoured in such a manner to accommodate the grade difference. 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 application SMI-4-2021. 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. B. CONSIDER APPLICATIONS SMI-3-2022 AND SMI-4-2022, FILED BY BRIAN MOSS, REQUESTING FINAL PLAT APPROVAL FOR THE VALLEY FAIR MALL LOT 9 AND LOT 10 SUBDIVISIONS LOCATED AT 3599-3639 SOUTH CONSTITUTION BLVD Nicole Cottle, Acting City Manager, discussed Applications SMI-3-2022 and SMI- 4-2022, Filed by Brian Moss, Requesting Final Plat Approval for the Valley Fair Mall Lot 9 and Lot 10 Subdivisions Located at 3599-3639 South Constitution Blvd Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING JULY 5, 2022 -12- Ted Didas, representing the Valley Fair Mall, is requesting final approval for the Valley Fair Mall lots 9 and 10 Subdivisions. The purpose for the applications is to divide the remaining outbuildings on the west side of the mall into individual lots. Because these applications are essentially the same, staff has prepared one report that addresses each subdivision. The proposed application is being submitted to create 2 individual subdivision lots. According to Brian Moss, Partner with Coventry Real Estate Advisors, 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 informed staff 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. One such example of this, is the revitalized plaza space located between these two lots. The mall recently completed improvements to the plaza to make it more accessible, open and inviting for a multitude of activities. The newly created lots will continue to use shared parking and access agreements, similar to previous applications. 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. A master easement agreement is in place to manage services provided by GHID as well as storm water. Both lots will continue to abide by provisions of those agreements. 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 application SMI-3-2022 and SMI-4-2022. 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 JULY 5, 2022 -13- Mayor Lang 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, JULY 5, 2022 WAS ADJOURNED AT 7:21 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, July 5, 2022. _______________________________ Nichole Camac, CMC City Recorder