City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 27, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, SEPTEMBER 27, 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 PRO TEM TOM HUYNH. THE FOLLOWING MEMBERS WERE PRESENT: Tom Huynh, Mayor Pro Tem Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 ABSENT: Karen Lang, Mayor STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/ General Counsel (electronically) Eric Bunderson, City Attorney Mike Fossmo, Acting Police Chief John Evans, Fire Chief (electronically) Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director Coby Wilson, Acting Public Works Director Jason Erekson, Acting Parks and Recreation Director Sam Johnson, Strategic Communications Director Ken Cushing, IT (electronically) OPENING CEREMONY- COUNCILMEMBER CHRISTENSEN Councilmember Christensen introduced Scout Troop #231 who presented a flag ceremony. Members of the Council, staff, and audience rose and recited the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD SEPTEMBER 20, 2022  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 27, 2022 -2- The Council considered the Minutes of the Regular Meeting held September 20, 2022. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held September 20, 2022. Councilmember Whetstone seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Paul Nichols expressed concern about speed and traffic on 4100 South. Jim Vesock stated that Troop 231 attends My Hometown Events and performs flag ceremonies. Mr. Vesock indicated that the online app has been fixed but there is one other item IT is working on related to Code Enforcement. He stated he attended neighborhood block parties. Mike Markham stated that courtesy notices for Code Enforcement don’t work. He indicated that people claim they don’t receive them and don’t make changes. Mr. Markham stated that fines should be issued instead. He also explained that he would like to see stack houses constructed for veterans who need housing and assistance. Mr. Markham stated that he believes the City could add speed bump signs to streets that don’t have speed bumps and still create traffic slowing. Steve Rose stated that there is a property for sale at approximately 5990 W 3500 S. He indicated that he and his neighbors are concerned about this property being sold and combined with others in the area to allow for high density housing. He stated that he would like to see the Council take measures to ensure high density doesn’t occur here. Mr. Rose indicated that he understands the need for density but feels it’s also important that vacant property be developed for single family residential homes that allow new residents to invest and stay long term in West Valley City. John Betts indicated that the Council will be considering a zone change application at 3950 S 5200 W. He indicated that he attended the Planning Commission meeting for this zone change and is supportive of the rezone and development of single family homes. Mary Lou Little stated that she agrees that residents should be responsible in maintaining their yards. She indicated that she received a courtesy notice from Code Enforcement regarding her landscaping and was only given 5 days to bring her brown lawn back to life. She indicated that this is not possible at this time of year  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 27, 2022 -3- and more time needs to be given. Ms. Little encouraged the Council to revisit this policy and consider making changes. Bill Angus expressed concern about Code Enforcement violations on his property. He expressed concern about historical weed issues on the property next to the City Library on 3600 West. He indicated that he was cited for inoperable/unlicensed vehicles and surfacing violations. Mr. Angus stated that the definition of a “weed” varies by person and indicated that some weeds are beneficial, such as sunflowers. Karen Halterman stated that she owns a property and received a notice that her tenants have unlicensed vehicles. She indicated that this issue was resolved right away. Ms. Halterman indicated that she also received a notice that she would be receiving a fine because the parkway strip had weeds and was dry. Ms. Halterman stated that the State is in a drought which is why the park-strip was allowed to die. She noted that Salt Lake City has a program that allows for drought tolerant landscaping and suggested that the City offer a similar program. Samuel Hardy indicated that the State is in a drought. He indicated that he also received Code Enforcement violations for a dead lawn. He indicated that he believes the City should allow more parking in driveways and require less live landscaping. Mr. Hardy expressed concern about the number of violations he has received and that some of his neighbors with similar issues have not received violations. Mr. Hardy indicated he would like to see options for extenuating circumstances that allow residents time to correct issues. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, stated that the process for Code Enforcement is fundamentally sound. He indicated that there are good checks and balances in place and there is also two sides to each story. He indicated that some people feel Code Enforcement is too fast while others feel it’s too slow. Mr. Pyle noted that both sides of the coin were discussed by residents during tonight’s meeting. He indicated that there is an appeal process in place that allows residents the option to have an Administrative Law Judge look at their case. Mr. Pyle stated that the goal of Code Enforcement is for compliance and not to collect fees. He indicated that this is done by issuing courtesy notices and warnings and noted that officers are willing to work with residents who may have extenuating circumstances that make it difficult to come into compliance in the time frame that is set. Mr. Pyle indicated that many people express concern about water being too expensive or state that they are following instruction from the governor to not water lawns. He indicated that residents are not required to have lawns in West Valley City and can go to a drought tolerant landscape as long as it is maintained and has live material. Mr. Pyle stated  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 27, 2022 -4- that he is working with Public Relations to create a website that helps residents understand their options as well as the potential costs of having lawn. Mr. Pyle stated that the City has looked at stack housing as an option before but the expense isn’t more affordable at this time so the City isn’t looking to add that option to the City’s housing options unless the Council directs it. Mr. Pyle stated that the property that the gentleman brought up regarding a concern for a potential high-density development would be reviewed by the Council if there is any proposed change to the zoning. He indicated that this is something that the Council considers carefully and will closely evaluate the location, quality of project, and potential impacts. He noted there is public notice as well. Mr. Pyle indicated that the zone change that the Council will be reviewing that was brought up by Mr. Betts will be discussed and a public hearing will be held on October 11. Mr. Pyle stated that he was appreciative of the flag ceremony provided by the Scout Troop. He indicated that many people react differently when approached with the flag. He noted that some put their hands on their hearts, others salute, some stand, and some don’t. Mr. Pyle stated that he was reminded of a time he led a troop in Afghanistan to an American base and the relief he felt when he saw the base with the flag. Mr. Pyle stated that tonight he is reminded of what a blessing it is to live in America where residents have the ability to attend these meetings and let their voices and concerns be heard. C. CITY COUNCIL COMMENTS Councilmember Harmon stated that the Council will be discussing Code Enforcement in the near future. He indicated that he has had the opportunity to look at several Courtesy Notices and don’t find them to be courteous. He indicated that he understands that people need more time to revive brown grass and added that Code Enforcement officers cited two individuals in his neighborhood for inoperable vehicles but they were operable. Councilmember Harmon stated that adjustments need to be made. Councilmember Fitisemanu stated that he is appreciative that the City will be putting ore information regarding lawn/water usage as well as drought tolerant landscape options on the website. Mayor Pro Tem Huynh indicated that he received a Code Enforcement violation for one of the properties that he owns. He indicated that he didn’t have a lot of time  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 27, 2022 -5- but spent a Sunday getting the issue resolved. Mayor Pro Tem Huynh agreed that additional time needs to be given for compliance in some cases. RESOLUTION 22-144: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE AGREEMENT AND ACCEPT A SPECIAL WARRANTY DEED WITH AND FROM THE ALAN FRED BROCK FAMILY LIVING TRUST FOR PROPERTY LOCATED AT APPROXIMATELY 4435 SOUTH 4400 WEST Wayne Pyle, City Manager, discussed proposed Resolution 22-144 that would authorize the City to Enter Into a Real Estate Purchase Agreement and Accept a Special Warranty Deed With and From the Alan Fred Brock Family Living Trust for Property Located at Approximately 4435 South 4400 West. Written documentation previously provided to the City Council included information as follows: West Valley City has owned a small parcel of land dedicated for the purpose of a future park. This land is located on 4325 W Maple Meadows Dr. (4420 S.). In reviewing the locations of park properties within West Valley City neighborhoods, it was discovered that the district where this parcel is located is in need of additional park space. A vacant piece of property located at approximately 4435 South 4400 West is directly adjacent to the small parcel listed above. The West Valley City Parks and Recreation Department contacted the property owners of this property to see if there was interest in selling the property to the City. The addition of this land will allow the city to create a nice neighborhood park. The property owners had interest in this and an appraisal was obtained. A purchase price of $1,538,000 was agreed upon by the landowners and West Valley City. Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and she called for a motion. Councilmember Nordfelt moved to approve Resolution 22-144. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Absent Mayor Pro Tem Huynh Yes  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 27, 2022 -6- Unanimous. NEW BUSINESS A. CONSIDER APPLICATION SD-2-2022, FILED BY DR HORTON, REQUESTING CONSIDERATION TO DEDICATE A PORTION OF 4100 SOUTH AT APPROXIMATELY 4100 SOUTH 8400 WEST Wayne Pyle, City Manager, discussed proposed Application SD-2-2022, Filed by DR Horton, Requesting Consideration to Dedicate a Portion of 4100 South at Approximately 4100 South 8400 West. Written documentation previously provided to the City Council included information as follows: DR Horton is requesting consideration to dedicate a portion of 4100 South west of U-111. The proposed dedication is necessary to provide access to a future project within SL County to be known as Little Valley. Property west of U-111 at this location is mostly in Salt Lake County, Magna Township. This area is undergoing a major transformation with a variety of residential, community use and other uses planned on the west bench of the valley. The extension of 4100 South, as shown on the Wasatch Front Regional Transportation Plan, will provide needed access not only for the Little Valley project but for property in West Valley City located south of 4100 West. Discussions about this access have been ongoing between the City and developer for quite some time regarding an acceptable alignment at the intersection of 4100 South and U-111. There are two proposed plats needed for the dedication. One for that portion lying within the boundaries of West Valley City and the other plat for that portion lying within the boundaries of Magna Township. The portion within West Valley City occupies an area of approximately 1.7 acres. In summary, this application dedicates right-of-way located in the City’s boundary west of U-111 for a future project in Magna Township. Construction of said right-of-way will need to comply with City standards and review and approval of the City’s Engineering Division. Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and she called for a motion. Councilmember Christensen moved to approve Application SD-2-2022  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 27, 2022 -7- Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Absent Mayor Pro Tem Huynh Yes Unanimous. CONSENT AGENDA A. RESOLUTION 22-145: ACCEPT A SPECIAL WARRANTY DEED AND A PUBLIC SIDEWALK EASEMENT AND AGREEMENT FROM AGTL WEST VALLEY OWNER, L.L.C. FOR PROPERTY LOCATED AT 2600 WEST 3800 SOUTH Wayne Pyle, City Manager, discussed proposed Resolution 22-145 that would authorize the City to accept a Special Warranty Deed and a Public Sidewalk Easement and Agreement from AGTL West Valley Owner, L.L.C. for Property Located at 2600 West 3800 South. Written documentation previously provided to the City Council included information as follows: The Back 9 Apartments project is located on the north side of 3800 South at 2600 West. As a condition of approval of the project, conveyance of additional 3800 South right-of-way to a 40-foot half width was required. New street improvements will be constructed to match the street improvements to the east for the Costco property. As a portion of the new sidewalk will be constructed outside the public right-of-way to connect to the sidewalk on the Costco property, a public sidewalk easement was required. Upon inquiry by Mayor Pro-Tem Huynh there were no further questions from members of the City Council, and she called for a motion. Councilmember Fitisemanu moved to approve Resolution 22-145.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 27, 2022 -8- Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Absent Mayor Pro Tem Huynh Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Harmon all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, SEPTEMBER 27, 2022 WAS ADJOURNED AT 7:25 P.M. BY MAYOR PRO TEM HUYNH. 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 27, 2022. _______________________________ Nichole Camac, CMC City Recorder