City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 6, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, SEPTEMBER 6, 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 KAREN 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 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/ General Counsel Eric Bunderson, City Attorney Colleen Jacobs, Police Chief John Evans, Fire Chief (electronically) Steve Hyde, Acting Finance Director Steve Pastorik, CED Director) Layne Morris, CPD Director Dan Johnson, Public Works Director (electronically) Jason Erekson, Acting Parks and Recreation Director John Flores, HR Director Mark Nord, Economic Development Director Sam Johnson, Strategic Communications Director (electronically) Ken Cushing, IT OPENING CEREMONY- COUNCILMEMBER WILLIAM WHETSTONE Councilmember William Whetstone asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD AUGUST 23, 2022  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 6, 2022 -2- The Council considered the Minutes of the Regular Meeting held August 23, 2022. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held August 23, 2022. Councilmember Huynh seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Richard Nowak expressed concern about water usage and the drought. He indicated that Code Enforcement is issuing citations for brown lawns which he feels doesn’t heed the message that the State is putting out about water conservation. Mr. Nowak encouraged xeriscaping. He indicated that Chesterfield is a unique area and he believes it should have different regulations and requirements than other urban parts of the City. Mr. Nowak also expressed concern about receiving a violation for a fence on his property that was put up in the 1970’s. He indicated that he has had this citation waived before and is frustrated he has to ask for the citation to be waived again. Andrew Gremlich stated that he is also concerned about brown lawns being cited by Code Enforcement. He cited multiple State agencies that have put out messages about brown lawn being the new acceptable normal this year to encourage water conservation. Mr. Gremlich indicated that it’s very expensive to create a drought tolerant landscape. He expressed concern about City ordinances conflicting in different sections. Dee Norman expressed concern about parties occurring in his neighborhood. He stated that music can be so loud that his family is not able to sleep and there are intoxicated party-goers creating problems throughout his neighborhood. Mr. Norman stated that Police response time is not adequate and requested that something be done to resolve this problem. Mike Markham stated that he is also frustrated with loud music and events occurring in his neighborhood and the lack of Police response. He indicated that he doesn’t believe cars that are parked illegally should be given a fee reduction for paying on time. Jim Vesock stated that he also doesn’t believe that parking violators should be given a fee reduction after the second or third violation. Mr. Vesock expressed concern with Code Enforcement not being equally fair and also encouraged brown lawns to  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 6, 2022 -3- be acceptable in light of the drought. He indicated that there should also be equal treatment for parking violations. Mr. Vesock stated that City vehicles are blocking handicap stalls at City events. Miles Wynn stated that he is appreciative of City efforts to include a list of events occurring within the City by mail. He indicated he is also thankful to have the Police Department respond to his concerns about moving a solar powered speed sign to a better location. He stated there are a couple issues at Franklin Covey that need to be addressed. Mr. Wynn stated that he would like to see members of the Council hold members of the audience accountable so that residents can participate in meetings feeling safe. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Councilmember Huynh stated that he has brought up loud music concerns in Chesterfield multiple times and is frustrated that this is still a recurring problem. He indicated that the Police Department should be able to resolve these issues as they occur. PUBLIC HEARINGS A. ACCEPT PUBLIC COMMENT REGARDING APPLICATION Z-10-2022, FILED BY JOHN BAIRD, 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 3909 SOUTH 2200 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled September 6, 2022, in order for the City Council to hear and consider public comments regarding Public Comment Regarding Application Z-10- 2022, Filed by John Baird, 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 3909 South 2200 West. Written documentation previously provided to the City Council included information as follows: The applicant would like to subdivide the property into two lots, keep the existing home on the west lot, and build a new home on the east flag lot. While the existing lot is large enough in area to be subdivided, there is not sufficient lot width to allow for two lots without a development agreement exception. The applicant is requesting that the lot width be 79’ for the west lot. For reference, the minimum lot width in the R-1-8 zone is 80’. MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 6, 2022 -4- After a site visit, staff identified the following items that are addressed in the development agreement:  Curb, gutter, and sidewalk improvements extend up to the northern boundary of the subject property but not across the frontage of the subject property.  The driveway for the existing home is in poor condition and in need of replacement.  The exterior of the existing home has some peeling paint and needs maintenance.  The landscaping on the property is in poor condition (large dead tree, weedy/dead lawn) and needs maintenance and/or replacement. Mayor Lang opened the Public Hearing. John Baird stated that he feels this development is in line with City goals in terms of bringing higher value homes to the area. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 22-33, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3909 SOUTH 2200 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) ZONE, AND HOME OCCUPATIONS The City Council previously held a public hearing regarding proposed Ordinance 22-33 that would Amend the Zoning Map to Show a Change of Zone For Property Located at 3909 South 2200 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). 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 22-33. Councilmember Huynh seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 6, 2022 -5- Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. ACTION: RESOLUTION 22-138, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PSB INVESTMENTS, LLC FOR APPROXIMATELY 0.52 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3909 SOUTH 2200 WEST Wayne Pyle, City Manager, discussed proposed Resolution 22-138 that would authorize the City to Enter into a Development Agreement with PSB Investments, LLC For Approximately 0.52 Acres of Property Located at Approximately 3909 South 2200 West. Written documentation previously provided to the City Council included information as follows: John Baird has submitted a zone change application (Z-10-2022) on 0.52 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 the existing home lot, requires some maintenance/repair of the existing home and lot, requires a new, two-car garage for the existing home, and establishes standards for the new home. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Whetstone moved to approve Resolution 22-138. Councilmember Harmon seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 6, 2022 -6- 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-5-2022, FILED BY EVY COLIN, REQUESTING FINAL PLAT APPROVAL FOR THE COLIN SUBDIVISION LOCATED AT 2781 WEST 4100 SOUTH Wayne Pyle, City Manager, discussed Application SMI-5-2022, Filed by Evy Colin, Requesting Final Plat Approval for the Colin Subdivision Located at 2781 West 4100 South Written documentation previously provided to the City Council included information as follows: Mr. Evy Colin, is requesting final plat approval for the Colin Subdivision. The subdivision will consist of 2 lots on .63 acres. The proposed subdivision is adjacent to 4100 South which will provide access to both lots. This right-of-way is classified as a major arterial street. As such, the following language in City Code is required: On Lots with available access only onto an Arterial, a circular drive or some other type of vehicular maneuvering area shall be provided to enable vehicles to enter traffic moving forward rather than backing. The minimum depth of such Lots shall be 120 feet and the minimum width shall be 85 feet. These lots are of sufficient width (95 feet) and depth (143 feet) to accommodate this requirement. A note will be placed on the plat to notify potential builders that the condition above will be required for each lot when a building permit is issued. Both lots meet and exceed frontage and area requirements of the R-1-8 zone. Each lot is 13,585 square feet in size. The property does sit down in elevation from the existing top back of curb at 4100 South. It is likely that  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 6, 2022 -7- a walkout basement on the west lot could be accommodated with the slope of the property. 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 Application SMI-5-2022 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. B. CONSIDER APPLICATION SMI-6-2022, FILED BY SHIVAM SHAH, REQUESTING FINAL PLAT APPROVAL FOR THE HOT ROD LANE SUBDIVISION LOCATED AT 3703 WEST PARKWAY BOULEVARD Wayne Pyle, City Manager, discussed Application SMI-6-2022, Filed by Shivam Shah, Requesting Final Plat Approval for the Hot Rod Lane Subdivision Located at 3703 West Parkway Boulevard. Written documentation previously provided to the City Council included information as follows: Shivam Shah, is requesting final plat approval for the Hot Rod Lane Subdivision. The proposed subdivision will create two lots. An existing building is located on lot 2 of the proposed subdivision and is approximately 1.9 acres in size. Lot 1 will be approximately 3.9 acres in size and is the proposed location for a new warehouse development. Access will be gained from Parkway Boulevard. At the present time there is one access point for the existing property. The applicant is proposing a second access on Parkway Boulevard and is proposing a reciprocal access between the two lots. The new access on Parkway Boulevard will be located at the far northwest corner of lot 1. This location is necessary, so  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 6, 2022 -8- the new access aligns with Lake Erie Drive on the north side of Parkway Boulevard. Curb and gutter exist along Parkway Boulevard and is not anticipated to change. This subdivision is located in the Bangerter Highway Overlay Zone and is located on property encumbered by an easement for the Jordan Valley Water Conservancy District/Bureau of Reclamation Aqueduct. The aqueduct runs parallel to the west property line of the subdivision. The future development will need to take into account special consideration for the aqueduct which will be reviewed during site plan review. 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-6-2022 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 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, SEPTEMBER 6, 2022 WAS ADJOURNED AT 7:12 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, September 6, 2022.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 6, 2022 -9- _______________________________ Nichole Camac, CMC City Recorder