City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, JULY 26, 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 (electronically) Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Scott Harmon, Councilmember District 2 Jake Fitisemanu, Councilmember District 4 (electronically) ABSENT: William Whetstone, Councilmember District 3 STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manager (electronically) Nichole Camac, City Recorder (electronically) Nicole Cottle, Acting City Manager 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 Steve Lehman, CED (electronically) OPENING CEREMONY- COUNCILMEMBER DON CHRISTENSEN Councilmember Don Christensen stated that he was privileged to attend the 24th of July rodeo. He indicated that pioneers accepted freedom and the ability to enjoy that freedom. He asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance.  MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -2- APPROVAL OF MINUTES OF REGULAR MEETING HELD JULY 12, 2022 The Council considered the Minutes of the Regular Meeting held July 12, 2022. There were no changes, corrections or deletions. Councilmember Huynh moved to approve the Minutes of the Regular Meeting held July 12, 2022. Councilmember Harmon seconded the motion. A voice vote was taken and all members voted in favor of the motion. PRESENTATIONS A. REPORT BY COREY RUSHTON OF A PROPOSED PROPERTY TAX INCREASE BY JORDAN VALLEY WATER CONSERVANCY DISTRICT FOR WATER SERVICES PURPOSES Corey Rushton stated Jordan Valley Water Services is proposing a property tax increase. He indicated they are the largest agency and are adding more each year. He indicated that property tax is one way of funding provided by the legislature. Mr. Rushton stated that a large treatment facility is proposed to be expanded in Herriman. Mr. Rushton provided a history on why the public hearing is held this way. He provided handouts that detail information related to the tax increase (attached to the minutes). ACCEPT PUBLIC INPUT FROM THE PUBLIC AND/OR THE CITY COUNCIL REGARDING THE PROPOSED PROPERTY TAX INCREASE BY JORDAN VALLEY WATER CONSERVANCY DISTRICT Mayor Lang opened a public input period. There being no one to speak in favor or opposition, Mayor Lang closed the public input period. PROCLAMATIONS A. PROCLAMATION DECLARING AUGUST AS "NEIGHBORHOOD NIGHTS" MONTH AND AUGUST 2, 2022 AS "NATIONAL NIGHT OUT 2022" IN WEST VALLEY CITY Councilmember Christensen read a Proclamation Declaring August as "Neighborhood Nights" Month and August 2, 2022 as "National Night Out 2022" in West Valley City at the July 26, 2022 Regular City Council Meeting. COMMENT PERIOD A. PUBLIC COMMENTS Mark Dee Whitaker stated he is a write in candidate for State House 33. He indicated his main interest and priority is to build a playground and softball fields at Fairbourne Station on the vacant property west of the library. Mr. Whitaker  MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -3- expressed concern regarding former President Trump and indicated that he doesn’t believe he should be allowed to run for office again. Jim Vesock stated that he is concerned about the lack of Code Enforcement in neighborhoods throughout the City. He indicated that he believes the person who conducts the Code Enforcement survey each year should follow the guidelines the City puts out that outline qualities of a good neighborhood. Mr. Vesock stated that he attended the Cops and Cleats event and indicated it was a fun, well attended event. Mr. Vesock expressed concern about tow trucks being parked on neighborhood streets and noted that parks need to be taken better care of in relation to trash. Goud Maragani stated he is a candidate running for Salt Lake County clerk. He stated he has been a lawyer for 20 years, is a veteran, and believes he has the skills to take the clerks office to the next level and getting voters engaged in elections. Mr. Margani stated that he is running a good campaign and encouraged the Council and residents to look at his website. He stated he is looking forward to working with the City. Myles Winn stated that he appreciated the City Council acknowledging his concerns related to fireworks. He noted that he understands resources are stretched thin and suggested expanding the banned area where fireworks can be lit and encouraged the use of industrial areas instead of residential ones. Mr. Winn stated that he has expressed concern about trash and suggested that the City provide additional cans at no cost to residents so that bins are not overflowing. He stated that residents have expressed concern about recreational vehicles parking on streets and he indicated that some of these people may be homeless and the City would be better to find ways to assist them rather than ticket them. Mr. Winn stated that he believes WestFest can increase awareness in local restaurants by encouraging them to supply food for eating contests. He noted that he has also been concerned with speeding in neighborhoods and suggested increasing speed bumps in residential areas. 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. PUBLIC HEARINGS  MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -4- A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-3-2022, FILED BY WEST VALLEY CITY, REQUESTING AN AMENDMENT TO CHANGE THE ZONING ORDINANCE (TITLE 7) AND THE CONDOMINIUM ORDINANCE (TITLE 9) TO PROHIBIT PRIVATE STREETS, ALLOW PARKING SPACES FOR TOWNHOMES AND CONDOMINIUMS ATTACHED TO THE SIDE OF EACH OTHER TO BACK ONTO A STREET, AND CREATE TWO NEW STREET CLASSIFICATIONS FOR USE IN PLANNED UNIT DEVELOPMENTS Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled July 26, 2022, in order for the City Council to hear and consider public comments regarding application ZT-3-2022, Filed by West Valley City, Requesting an Amendment to Change the Zoning Ordinance (Title 7) and the Condominium Ordinance (Title 9) to Prohibit Private Streets, Allow Parking Spaces for Townhomes and Condominiums Attached to the Side of Each Other to Back Onto a Street, and Create Two New Street Classifications for Use in Planned Unit Developments. Written documentation previously provided to the City Council included information as follows: The City Council has expressed concerns about the financial burden private streets place on the residents of planned unit developments (PUDs) with private streets and directed staff to prepare an ordinance revision that would prohibit private streets. This ordinance is in response to that direction. Mayor Lang opened the Public Hearing. Pete Travish asked if there is a grandfather clause or existing developments. Mayor Lang stated that these proposed changes would only apply to new developments moving forward. Christopher Clifford stated that he has been in and around West Valley City for nearly 32 years. He stated he has developed in the Decker Lake area and elsewhere throughout the City. Mr. Clifford stated that he is supportive of the recommendation passed froward from the Planning Commission. He indicated that there is no fundamental difference between attached units and detached units in a PUD and removing the ability to provide private streets in certain scenarios would be like designing a car and taking the wheels off. He stated that its important to consider remaining housing stock options when facing an affordability crisis. Mr. Clifford stated that to not provide an option for private streets for detached housing will significantly impact development moving forward. He noted that it’s discriminatory and may put the city in a Legal situation. MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -5- Russell Moore stated he has applications that have been approved and are in the process and questioned whether these will be impacted. Steve Pastorik, CED, replied no and indicated that these are vested with a development agreement. Mr. Moore stated that he recently brought an application before the City Council that he adjusted to having all public streets but the Council still denied it. He indicated the as a developer, he likes the idea of public streets because he isn’t responsible for maintaining them. He noted, however, that removing the option of private streets entirely creates difficulty in design and can create other unforeseen problems. He stated that smaller properties will not be able to develop and gated communities will not be an option. Mr. Moore stated that some residents like HOA’s because they know who to complain to if there are maintenance or road issues. Robert Farsworth stated by removing the option of private streets, the City will find it almost impossible to develop certain infill properties. He indicated that one of the nicest PUD’s in the City would not be approved if this ordinance were in place. Mr. Farsworth stated that there are many good product types, including those in the RS Zone, that will need private streets. He noted that gated communities will not be an option in West Valley City. Sam Work stated the he owns a long narrow property in the City that would be impacted by this proposal. However, Mr. Work stated that he supports this change. He stated that the financial upkeep of private streets often because too difficult and communities fall into disrepair which causes issued in neighborhoods. Matt Watson stated a blanket prohibition of private streets would impact the City negatively. He stated that there would be little flexibility which creates difficulty in developing unique properties. Mr. Watson stated that private streets are narrower but still exceed fire standards and also help prevent people from speeding through neighborhoods. He indicated that he understands the concern about burdening residents for the cost of upkeep but suggested other options like reserve studies. Mr. Watson stated that housing demand is high and is currently unaffordable and restricting the type of homes that can be built further contribute to the problem. Justin Baer stated that he represents a company who owns property in West Valley City. He provided 3 exhibits and 3 properties that would be difficult, if not impossible, to develop if this application were approved. Mr. Baer detailed the issues developers would face. Mayor Lang closed the Public Hearing. MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -6- ACTION: ORDINANCE NO. 22-29, AMEND SECTIONS 7-1-103, 7-9-106, 7- 9-107, 7-13-704, 7-13-705, 7-13-807, 9-4-102 AND 9-4-105 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING STREETS The City Council previously held a public hearing regarding proposed Ordinance 22-29 that would amend Sections 7-1-103, 7-9-106, 7-9-107, 7-13-704, 7-13-705, 7- 13-807, 9-4-102 and 9-4-105 of the West Valley City Municipal Code to Amend Certain Requirements Concerning Streets. Councilmember Harmon thanked the audience for their comments. He indicated that there was talk about lack of flexibility and open space. He indicated that he doesn’t see gated communities happening in West Valley City. He noted that he wouldn’t be opposed to allowing private streets in Manufacturing zones. 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 Ordinance 22-29 with the modification that the ‘M’ zone be excluded from the ordinance. Councilmember Christensen seconded the motion. Mayor asked if manufacturing zone developments have a better HOA system built in. Councilmember Harmon stated that there are betting backing programs in manufacturing developments than there are residential ones. Councilmember Huynh stated that this has been studied and discussed over a long period of time. He indicated that the Council wants to be fair to residents who have to pay City taxes on top of HOA fees. He noted that the City has a history of problems with HOA’s. 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.  MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -7- B. ACCEPT PUBLIC COMMENT REGARDING APPLICATION SV-2-2022, FILED BY NORTHRUP GRUMMAN, REQUESTING A VACATION OF A PERPETUAL EASEMENT AND RIGHT-OF-WAY LOCATED AT APPROXIMATELY 7000 WEST 5400 SOUTH Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled July 26, 2022, in order for the City Council to hear and consider public comments regarding application SV-2-2022, Filed by Northrup Grumman, Requesting a Vacation of a Perpetual Easement and Right-of-Way Located at Approximately 7000 West 5400 South. Written documentation previously provided to the City Council included information as follows: Katherine Pasker, representing Northrop Grumman Innovation systems Inc. is requesting a vacation for a perpetual easement and right-of-way dedicated to Salt Lake County in 1932. Subsequent to West Valley City’s incorporation in 1980, this easement and right-of-way was transferred to the City. The purpose for the vacation is to clean up title records. According to County records, Arnold and Areva Petersen dedicated 33-feet of their property to Salt Lake County for a future public highway. This deed was recorded in November 1932. The highway was obviously not built, and the property was subsequently developed by Hexcel. Although the unimproved street will be vacated by ordinance, the ordinance will have no force or effect of any franchise rights of any public utilities, nor would they be impaired thereby. The ordinance will also protect any holders of existing franchises, water drainage pipelines, or other such uses as they may presently exist under, over or upon said property or as are or may be shown on Salt Lake County records. Mayor Lang opened the Public Hearing. Catherine Pasker stated she is representing Northrup Grumman. She introduced Lyndon Young of Northrop Grumman as well. Ms. Pasker indicated she is here to answer any questions. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 22-30, APPROVE THE VACATION OF A PERPETUAL EASEMENT AND RIGHT-OF-WAY LOCATE AT  MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -8- APPROXIMATELY 7000 WEST 5400 SOUTH The City Council previously held a public hearing regarding proposed Ordinance 22-30 that would approve the Vacation of a Perpetual Easement and Right-of-Way Locate at Approximately 7000 West 5400 South. 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 Ordinance 22-30. Councilmember Huynh 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. C. ACCEPT PUBLIC COMMENT REGARDING APPLICATION SA-2-2022, FILED BY BROOK HINTZE, REQUESTING FINAL PLAT APPROVAL FOR THE 4100 SOUTH COMMONS OFFICE CONDOMINIUMS AMENDED LOCATED AT 3745 WEST 4100 SOUTH Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled July 26, 2022, in order for the City Council to hear and consider public comments regarding application SA-2-2022, Filed by Brook Hintze, Requesting Final Plat Approval for the 4100 South Commons Office Condominiums Amended Located at 3745 West 4100 South. Written documentation previously provided to the City Council included information as follows: Brook Hintze, representing Back Development, is requesting consideration to amend the 4100 Commons Office Condominium Plat. This plat was recorded with the office of the Salt Lake County Recorder in December MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -9- 2021. The property is located at 3745 West 4100 South. The purpose for the original condominium plat was to re-purpose the old Granger Medical site by converting the interior space for individual condominiums. The original plat divided interior spaces into smaller units which allow businesses the opportunity and affordability to own a piece of a much larger, nicer facility for business operations. According to the applicant during the original approvals, “It creates synergy within the building with like-minded ownership”. Subsequent to the plat recording in 2021, Back Development has experienced more growth and interest in the project. They have been asked by a particular client to modify portions of the plat to accommodate their needs. This adjustment will affect a small area on the first and second floors. Adjustments are also proposed for various parking areas to include limited common spaces and a reduction of common area parking spaces. All parking requirements within City ordinances will continue to be satisfied. The applicant will be required to update and revise the declaration of condominium which will be recorded with the amended plat. Mayor Lang opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 22-31, APPROVE THE AMENDMENT OF THE 4100 COMMONS OFFICE CONDOMINIUMS The City Council previously held a public hearing regarding proposed Ordinance 22-31 that would approve the amendment of the 4100 Commons Office Condominiums. 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 Ordinance 22-31. Councilmember Huynh seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Absent  MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -10- Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 22-122: APPROVE TWO BETTERMENT AGREEMENTS BETWEEN THE CITY AND THE UTAH DEPARTMENT OF TRANSPORTATION FOR CERTAIN ADDITIONAL IMPROVEMENTS ON AND AROUND MOUNTAIN VIEW CORRIDOR Wayne Pyle, City Manager, presented proposed Resolution 22-122 that would approve Two Betterment Agreements Between the City and the Utah Department of Transportation for Certain Additional Improvements On and Around Mountain View Corridor. Written documentation previously provided to the City Council included information as follows: Betterment Agreement No. 2 includes a $900,000 credit from UDOT project funds designated to aesthetic improvements, which was applied toward City betterments. Total cost to the City for this betterment agreement is $584,375.08. Funds for these betterments are available from a previous budget year, a budget opening is not required. Betterments in this agreement include:  Lighting & landscaping on 3500 South, 5600 West, Cilma Drive and 3575 South Parking Lots  Lighting on Masters Drive, Marsha Drive, 2400 South, South Frontage Road and 3100 South  Miscellaneous site furnishings on the trail  Speed humps on Cilma Drive  A credit from UDOT for City-furnished street lights Betterment Agreement No. 3 includes:  5600 West stamped concrete parkstrip  3500 South property landscape restoration for power burial improvements  2400 South roadway improvements to accommodate the City’s new road project (Beagley Lane extension - $263,751 from Beagley project funds)  MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -11-  Marsha Drive widening – UDOT replaced curb, gutter and sidewalk along Marsha – City requested widening to accommodate future roadway extension from development to the south  Share storm drain trunk line - The City and UDOT agreed to construct a shared storm drain trunk line running parallel to the highway, from 3500 South to approximately 2900 South. This completed an important element of the City’s drainage plans and provided drainage benefits to UDOT’s project as well. The City’s share of the cost of the shared storm drain is $397,600. The total cost to the City for Betterment Agreement No. 3 is $800,054.57. Funds for these betterments have been included in the budget. 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 approve Resolution 22-122. Councilmember Christensen 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. CONSENT AGENDA A. RESOLUTION 22-123: ACCEPT A WARRANTY DEED FROM SV WEST VALLEY CITY UT LLC FOR PROPERTY LOCATED AT 2460 SOUTH 3270 WEST Mayor Lang discussed proposed Resolution 22-123 that would authorize the City to accept a Warranty Deed from SV West Valley City Ut LLC for Property Located at 2460 South 3270 West. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING JULY 26, 2022 -12- The SV West Valley Ut LLC property is the site of the Scientia Redwing Building Addition. As a part of the approval for this project, conveyance of additional right-of-way was required along the 3400 West and 3270 West frontages of the property. The installation of a five-foot sidewalk with a five-foot park strip was also required along the 3400 West street frontage. 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 22-123. Councilmember Huynh 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. 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 26, 2022 WAS ADJOURNED AT 7:46 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 26, 2022. _______________________________ Nichole Camac, CMC City Recorder