City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, JULY 25, 2023 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: Karen Lang, Mayor Don Christensen, Councilmember At-Large Tom Huynh, Conducting as Mayor Pro Tem/ Councilmember District 1 Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 (electronically) ABSENT: Lars Nordfelt, Councilmember At-Large STAFF PRESENT ELECTRONICALLY: Wayne Pyle, City Manager Nichole Camac, City Recorder Eric Bunderson, City Attorney John Evans, Fire Chief Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director (electronically) John Flores, HR Director (electronically) Mark Nord, RDA Director (electronically) Sam Johnson, Strategic Communications Director Ken Cushing, IT (electronically) OPENING CEREMONY- COUNCILMEMBER SCOTT HARMON Councilmember Harmon stated that he was listening to a podcast that described Utah’s two holidays and noted that they both represent freedom and liberty. He asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance.  MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -2- APPROVAL OF MINUTES OF REGULAR MEETING HELD JULY 18, 2023 The Council considered the Minutes of the Regular Meeting held July 18, 2023. There were no changes, corrections or deletions. Councilmember Christensen moved to approve the Minutes of the Regular Meeting held July 18, 2023. Councilmember Harmon seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Mike Markham stated that he would like to see Code Enforcement out enforcing the new codes and ordinances that the Council approved at last week’s meeting. Kelly Bertoch stated that his rights have been violated and he indicated that he has filed an official complaint against the Chief of Police. He indicated that he also has filed a GRAMA request with the City Recorder. He stated the Council needs to be held accountable and serve the public. Jim Vesock stated that he would like to see Code Enforcement out enforcing the new codes and ordinances that the Council approved at the last meeting. He expressed concern regarding specific codes and a specific property. Mr. Vesock encouraged the Council to place the Form of Government on the ballot. 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 A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-3-2023, FILED BY RUSSELL PLATT, REQUESTING A GENERAL PLAN CHANGE FROM LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) TO LOW DENSITY RESIDENTIAL (3 TO 4 UNITS/ACRE) AND A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO R-1-8 (SINGLE FAMILY RESIDENTIAL, MINIMUM LOT SIZE 8, 000 SQUARE FEET) FOR PROPERTY LOCATED AT 4301 WEST 4570 SOUTH Mayor Pro Tem Huynh informed a public hearing had been advertised for the Regular Council Meeting scheduled July 25, 2023, in order for the City Council to MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -3- hear and consider public comments regarding Application GPZ-3-2023, Filed by Russell Platt, Requesting a General Plan Change from Large Lot Residential (2 to 3 units/acre) to Low Density Residential (3 to 4 units/acre) and a Zone Change from A (Agriculture, Minimum Lot Size 1/2 acre) to R-1-8 (Single Family Residential, Minimum Lot Size 8, 000 square feet) for Property Located at 4301 West 4570 South. Written documentation previously provided to the City Council included information as follows: The subject property includes part of a home that was built in 1977 along with a few accessory buildings. According to the applicant, he would like to subdivide the property, along with property to the north, into four new building lots. The east portion of the property would be merged with the adjoining parcel to the east for the existing home. A development agreement is required for this project. Section 7-11-213 of the West Valley City Zoning Ordinance states: “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.” For the development agreement, the applicant is proposing to use the same housing standards that were in place up until July of 2021. Mayor Pro Tem Huynh opened the Public Hearing. Richard Nowak stated that he is concerned about having enough open space in the City and would like to see this property turn into a park. Kelly Bertoch stated that he is concerned about the development of additional housing being constructed in the City. He stated that the infrastructure is not able to sustain additional residential development. Mr. Bertoch indicated that he would like to see this developed as a park and noted that he doesn’t believe this development will be in the best interest of the community. He stated that rezoning should not occur. Russell Platt, the applicant, indicated that he would be happy to sell the property to the City for a park property if that were an option. He indicated that 4 homes on 1.5 acres is a good proposal and noted that there is a housing shortage. Mr. Platt indicated that the homes will be built to the City’s higher standards. Mayor Pro Tem Huynh closed the Public Hearing. ACTION: ORDINANCE NO. 23-24, AMEND THE GENERAL PLAN TO MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -4- SHOW A CHANGE OF LAND USE FROM LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) TO LOW DENSITY RESIDENTIAL (3 TO 4 UNITS/ACRE) FOR PROPERTY LOCATED AT 4301 WEST 4570 SOUTH The City Council previously held a public hearing regarding proposed Ordinance 23-24 that would amend the General Plan to Show a Change of Land Use from Large Lot Residential (2 to 3 units/acre) to Low Density Residential (3 to 4 units/acre) for Property Located at 4301 West 4570 South. Councilmember Harmon stated that the City recently purchased a property in the area for a large park. He stated that he believes this proposal makes sense for this particular lot and should be a good fit for the neighborhood. He indicated he is in favor of landowners being given the ability to develop as long as it meets the City ordinances and is not detrimental to the neighborhood. Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Harmon moved to approve Ordinance 23-24. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Mayor Pro Tem Huynh Yes Councilman Christensen Yes Councilman Nordfelt Absent Mayor Lang Yes Unanimous. ACTION: ORDINANCE NO. 23-25, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4301 WEST 4570 SOUTH FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO R- 1-8 (SINGLE FAMILY RESIDENTIAL, MINIMUM LOT SIZE 8, 000 SQUARE FEET) The City Council previously held a public hearing regarding proposed Ordinance 23-25 that would amend the Zoning Map to Show a Change of Zone For Property Located at 4301 West 4570 South from A (Agriculture, Minimum Lot Size 1/2 acre) to R-1-8 (Single Family Residential, Minimum Lot Size 8, 000 square feet). MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -5- Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Ordinance 23-25. 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 Absent Mayor Lang Yes Unanimous. ACTION: RESOLUTION NO. 23-102, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH NHU Y ENTERPRISE FOR APPROXIMATELY 1.53 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 4301 WEST 4570 SOUTH Wayne Pyle, City Manager, discussed proposed Resolution 23-102 that would authorize the City to Enter Into a Development Agreement with Nhu Y Enterprise for Approximately 1.53 Acres of Property Located at Approximately 4301 West 4570 South Written documentation previously provided to the City Council included information as follows: Russell Platt, acting as the authorized agent for Nhu Y Enterprise, LLC, has submitted a General Plan/zone change application (GPZ-3-2023) on 1.53 acres to change the General Plan from Large Lot Residential (2 to 3 units/acre) to Low Density Residential (3 to 4 units/acre) and 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 proposed development agreement addresses the standards to be used for the four new homes.  MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -6- Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Harmon moved to approve Resolution 23-102. 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 Absent Mayor Lang Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-4-2023, FILED BY MARIA DUBON, REQUESTING A GENERAL PLAN CHANGE FROM LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) TO GENERAL COMMERCIAL AND A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO C-2 (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT 4344 AND 4358 WEST 3500 SOUTH Mayor Pro Tem Huynh informed a public hearing had been advertised for the Regular Council Meeting scheduled July 25, 2023, in order for the City Council to hear and consider public comments regarding Application GPZ-4-2023, Filed by Maria Dubon, Requesting a General Plan Change from Large Lot Residential (2 to 3 units/acre) to General Commercial and a Zone Change from A (Agriculture, Minimum Lot Size 1/2 acre) to C-2 (General Commercial) for Property Located at 4344 and 4358 West 3500 South. Written documentation previously provided to the City Council included information as follows: The west parcel includes a rental home built in 1937 and the east parcel includes a home built in 1941 that was converted into a commercial building. If this application is approved, the applicant plans to demolish the existing buildings and build a new restaurant on the subject property. The restaurant development would use about 2/3rds of the 1.85-acre total area. Included with this report is a concept plan, building elevations, and a floor plan for the proposed restaurant which would include a drive-thru. MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -7- If this application is approved, the requirements in Section 7-7-111 would apply to the neighboring residential property lines. These requirements include the following: “Where Fast Food Establishments with drive-up windows are located adjacent to a Residential Zone or Use, the order board, speakers, and pick-up window shall be located at least 50' from the nearest residential property line and any sound emitting from the order board, speakers, and pickup window shall not be audible from the nearest residential property line between 10 PM and 7 AM.” Mayor Pro Tem Huynh opened the Public Hearing. Kelly Bertoch indicated that there is corruption in the City and suggested the Council is being paid under the table to develop land. He indicated that the Council and Mayor work for the people and can’t continue to rezone things at their pleasure without listening to the residents of the City. Bob Whipple stated that he is angry about rezones that occur. He indicated that there is no water and City roads are lacking. He indicated that properties should be rezoned to parks and noted that he agrees the Council needs to be held accountable and that there is corruption. Mayor Pro Tem Huynh closed the Public Hearing. ACTION: ORDINANCE NO. 23-26, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT 4344 AND 4358 WEST 3500 SOUTH The City Council previously held a public hearing regarding proposed Ordinance 23-26 that would amend the General Plan to Show a Change of Land Use from Large Lot Residential (2 to 3 units/acre) to General Commercial for Property Located at 4344 and 4358 West 3500 South Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Ordinance 23-26. Councilmember Whetstone seconded the motion. MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -8- Mayor Pro Tem Huynh stated that the Council studies these items for multiple weeks. He indicated the Council doesn’t work behind the scenes with developers. He noted that development occurs everywhere, things change, and the City must continue to evolve. Mayor Pro Tem Huynh stated that items that have been submitted meet the City guidelines and the Council works diligently to ensure development that occurs is best for the residents. He noted that the Council is part time and spends a lot of effort working on these items for little pay. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Absent Mayor Lang Yes Unanimous. ACTION: ORDINANCE NO. 23-27, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4344 AMD 4358 WEST 3500 SOUTH FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO C-2 (GENERAL COMMERCIAL) The City Council previously held a public hearing regarding proposed Ordinance 23-27 that would amend the Zoning Map to Show a Change of Zone For Property Located at 4344 amd 4358 West 3500 South from A (Agriculture, Minimum Lot Size 1/2 acre) to C-2 (General Commercial). Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Harmon moved to approve Ordinance 23-27. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -9- Councilman Nordfelt Absent Mayor Lang Yes Unanimous. ACTION: RESOLUTION NO. 23-103, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MARIA DUBON FOR APPROXIMATELY 1.28 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 4344 AND 4358 WEST 3500 SOUTH Wayne Pyle, City Manager, discussed proposed Resolution 23-103 that would authorize the City to Enter Into a Development Agreement with Maria Dubon for Approximately 1.28 Acres of Property Located at Approximately 4344 and 4358 West 3500 South. Written documentation previously provided to the City Council included information as follows: Maria Dubon has submitted a General Plan/zone change application (GPZ-4- 2023) on 0.7 acres to change the General Plan from Large Lot Residential (2 to 3 units/acre) to General Commercial and to change the zoning from A (Agriculture, minimum lot size ½ acre) to C-2 (General Commercial). The Planning Commission recommended approval of the zone change subject to a development agreement. The proposed development agreement addresses two issues. First, it requires right-of-way dedication along 3500 South to accommodate future road widening. Second, it allows the required 10’ wide landscaped strips along the perimeter of the north parking lot to be reduced to 5’. This allows for a more efficient parking lot layout. Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Harmon moved to approve Resolution 23-103. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes  MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -10- Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Absent Mayor Lang Yes Unanimous. RESOLUTION 23-109: AUTHORIZE THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE UTAH ATTORNEY GENERALS OFFICE INTERNET CRIMES AGAINST CHILDREN TASKFORCE Wayne Pyle, City Manager, presented proposed Resolution 23-109 that would authorize the City to Enter into a Memorandum of Understanding with the Utah Attorney Generals Office Internet Crimes Against Children Taskforce. Written documentation previously provided to the City Council included information as follows: The Office of the Utah Attorney General oversees the Utah ICAC task force, a cooperative group of law enforcement agencies that participate in the identification of perpetrators of crimes against children and related investigations, arrests, and prosecutions of said perpetrators. The Office of the Utah Attorney General awards state grants to participating law enforcement agencies to assist in covering the expenses incurred by the various agencies in the course of their participation on the Task Force. Such expenses include overtime, training, and the purchase of equipment. The West Valley City Police Department supports continuing our partnership with the ICAC Task Force in our mutual efforts to protect children and bring offenders to justice. This cooperative arrangement has been in place for many years and has been an effective means of increasing the West Valley City Police Department’s ability to properly investigate and prosecute offenders who sexually exploit children through various technological mediums, provide training and equipment to department personnel involved in such investigations and prosecutions, and provide community education regarding the prevention of such crimes. Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Whetstone moved to approve Resolution 23-103. Councilmember Harmon seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -11- A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Absent Mayor Lang Yes Unanimous. CONSENT AGENDA A. RESOLUTION 23-110: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED, A PUBLIC UTILITY EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM ANGEL HERNANDEZ SAUCEDO AND MONSERRAT RODRIQUEZ PELAYO FOR PROPERTY LOCATED AT 2768 SOUTH 6100 WEST Wayne Pyle, City Manager, discussed proposed Resolution 23-110 that would authorize the City to Enter into a Right of Way Purchase Agreement and Accept a Warranty Deed, a Public Utility Easement, and a Temporary Construction Easement with and from Angel Hernandez Saucedo and Monserrat Rodriquez Pelayo for Property Located at 2768 South 6100 West. Written documentation previously provided to the City Council included information as follows: The Angel Hernandez Saucedo and Monserrat G. Rodriquez Pelayo parcel located at 2768 South 6100 West is one of several parcels affected by the Parkway Boulevard Reconstruction Project (MVC to 6400 West). This project will reconstruct the pavement and construct curb, gutter, sidewalk and decorative street lighting on both sides of Parkway Boulevard. Compensation for the purchase of the Warranty Deed, Public Utility Easement, and a Temporary Construction Easement, improvements and closing costs is $41,496.00 based upon the Appraisal Report prepared by Integra Realty Resources. . The project is being funded by Surface Transportation Program (STP) using federal funds. The city is responsible for 6.77% of all project costs, including right of way. The total value for the Warranty Deed, Public Utility Easement, Temporary Construction Easement, improvements and  MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -12- closing costs is $41,496.00, making the West Valley City share of the acquisition $2,809.28. Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Harmon moved to approve Resolution 23-103. Councilmember Whetstone 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 Absent Mayor Lang Yes Unanimous. NEW BUSINESS A. CONSIDERATION OF BANGERTER HIGHWAY Wayne Pyle, City Manager, indicated that the Council had requested a discussion about possibly sending a letter to UDOT regarding opposition to pedestrian tunnels at Bangerter Highway. Councilmember Harmon stated that he would like to see a letter drafted that would voice the Councils concern about avoiding tunnel pedestrian tunnel access. Councilmember Christensen agreed and noted that UDOT presented a need for these tunnels in West Valley City between 4100 South and 3500 South but noted that this need was not present in other City’s along the project. He noted that it took a lot of effort and at least two deaths for UDOT to put a pedestrian overpass over Bangerter and he indicated that he would not like to see a criminal incident occur at the proposed tunnels. Councilmember Christensen stated that there should be an overpass over Bangerter. Mayor Pro Tem Huynh agreed and stated it is important to protect the citizens and listen to their concerns. Mayor Lang agreed with the previous comments. She noted that there is a tunnel near Hunter High School and Mountain View Corridor and she receives frequent complaints and concerns about activity that occurs there. Councilmember Fitisemanu agreed and asked who would  MINUTES OF COUNCIL REGULAR MEETING JULY 25, 2023 -13- staff this and how it would be submitted. Wayne replied that staff could draft a letter but inquired if it should state only that the Council is opposed to the pedestrian tunnels or if the Council would like any other commentary. Councilmember Harmon stated that he would like the letter to state that the Council strongly opposes the pedestrian tunnels. The Mayor and Council agreed. 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, JULY 25, 2023 WAS ADJOURNED AT 7:21 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, July 25, 2023. _______________________________ Nichole Camac, CMC City Recorder