City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN STUDY SESSION ON TUESDAY, JUNE 4, 2019, AT 4:30 P.M. AT WEST VALLEY CITY HALL, MULTIPURPOSE ROOM, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne T Pyle, City Manager Nichole Camac, City Recorder Paul Isaac, Assistant City Manager/HR Director Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Colleen Jacobs, Police Chief John Evans, Fire Chief Jim Welch, Finance Director Layne Morris, CPD Director Russ Willardson, Public Works Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department John Rock, Administration APPROVAL OF MINUTES OF STUDY MEETING HELD MAY 28, 2019 The Council considered the Minutes of the Study Meeting held May 28, 2019. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Study Meeting held May 28, 2019. Councilmember Lang seconded the motion. A voice vote was taken and all members voted in favor of the motion.  MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -2- REVIEW AGENDAS FOR REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY, HOUSING AUTHORITY, AND BUILDING AUTHORITY MEETINGS OF JUNE 4, 2019 Upon inquiry by Mayor Bigelow, members of the Council had no further questions or concerns regarding items listed on the Agendas for the Regular City Council, Redevelopment Agency, Housing Authority, and Building Authority Meetings scheduled later this night. PUBLIC HEARINGS SCHEDULED FOR JUNE 11, 2019 A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZSA-1-2019, FILED BY KEN MILNE, REQUESTING FINAL PLAT APPROVAL FOR CLEASTONE ESTATES PHASE 2- LOT 210 AMENDED AND VACATING A PORTION OF CLEARSTONE DRIVE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled June 11, 2019, in order for the City Council to hear and consider public comments regarding application ZSA-1-2019, filed by Ken Milne, requesting final plat approval for Clearstone Estates Phase 2- Lot 210 Amended and Vacating a Portion of Clearstone Drive. Proposed Ordinance 19-17 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 19-17, AMEND LOT 210 IN THE CLEARSTONE ESTATES SUBDIVISION PHASE 2 AND A PARTIAL STREET VACATION TO A PORTION OF CLEARSTONE DRIVE ALSO LOCATED WITHIN CLEARSTONE ESTATES PHASE 2 SUBDIVISION Steve Lehman, CED, discussed proposed Ordinance 19-17 that would amend lot 210 in the Clearstone Estates Subdivision Phase 2 and a partial street vacation to a portion of Clearstone Drive also located within Clearstone Estates Phase 2 Subdivision. Written documentation previously provided to the City Council included information as follows: Ken Milne, is requesting a plat amendment for lot 210 of the Clearstone Estates Subdivision Phase 2. This plat amendment will also vacate a portion of Clearstone Drive where the existing stub street currently ends. The second phase of the Clearstone Estates Subdivision was recorded with the Salt Lake County Recorder’s Office in October 2016. As part of this MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -3- subdivision, a stub street was provided at the east end of Clearstone Drive. This stub street was intended to serve as an access point into the Defa property to the east. Mr. Milne recently acquired the Defa property and started design work on what will become phase 3 of the Newton Farm Subdivision. Mr. Milne approached the City about the possibility of eliminating the existing stub street in Clearstone Phase 2. There are three possible ways for this request to be handled: 1. The City would not vacate the ROW. Mr. Milne would modify the street and install a knuckle with corresponding improvements. The area that is part of the ROW, but outside of the street itself, would be improved with stamped colored concrete. This option would not impact lot 210 as the sidewalk could remain in place but leaves an awful lot of stamped concrete in front of lot 210. Although an option, the City Engineer does not like this approach. 2. Hallmark Homes, the owner of lot 210, could participate by supporting the proposed street vacation. This would allow the area that would otherwise be stamped concrete to be landscaped. Once the knuckle is completed, and the vacated portion of the street landscaped, no one would know that this was not the intended design of this lot. This approach does meet with the City Engineer’s approval. 3. Require that Clearstone Drive extend to the east into the Defa property. When discussing these options with Hallmark Homes, they believe the road should connect to the east. This is obvious as their entire frontage is improved and landscaped. The home is ready to sell. However, Hallmark explained to staff that if the second option is favored by the City Engineering Division, they would support that option as it would result in a better design without the stamped concrete. As a result, the application to amend lot 210, was signed by Hallmark Homes. To summarize that point, Hallmark Homes prefers the road to connect, but signed the application as the design meets with City Engineering approval. MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -4- While the City stresses the importance of connectivity, this situation does have special circumstances that factor into why Mr. Milne is making this request: 1. Clearstone Estates Phase 2 is zoned R-1-10. This zone allows for lots to be 10,000 square feet in size and is accompanied by setbacks that total 45 feet. In contrast, the Defa property is zoned RE and comes with setbacks that total 60 feet. Why does this matter? If the existing stub street were to extend to the east, there would only be 100 feet of lot depth to the property line of those existing properties along 3785 South. Given that larger homes are required in the RE Zone, it becomes difficult to place these structures in a shallow lot. If the Defa property was zoned R-1-10, this would not be a problem as the developer would be able to design homes up to 55-feet in depth. With the RE Zone requirements, the developer can only design a home that is 40 feet in depth. While you can design a home with a shallow depth, the design options are limited. According to the applicant, when people spend $600,000 to $800,000 dollars, they don’t want a linear home plan. The average depth of the homes built in Newton Farms is 57 feet deep. In addition, Mr. Milne points out that if the lots were to be 100 feet deep, the width of the lots would need to increase to 140-150 feet to achieve the lot size requirements of the RE Zone. 2. There is an elevation difference between the Clearstone Estates and the Defa property. While the grade difference is approximately 3 feet on the south end of the stub street, it increases to approximately 5 feet on the north side. This would require that a substantial amount of fill be brought to the site. While that in and of itself may not be problematic, it could create grading problems for property owners on the downslope side of the road. While walk-out basements would be an option, the lots would be over 225 feet deep. The applicant does not believe this lot depth makes much sense. One design option would be to plat a cul-de-sac on the north side of the road to lessen the depth of the lots. However, the cul-de- sac would be rather shallow and would most likely create other MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -5- grading problems from one lot owner to the next as walk-out basements would be more difficult to design. The amendment of lot 210 is a direct result of vacating a portion of Clearstone Drive. Mr. Milne will then install a knuckle as opposed to extending the existing right-of-way to the east. If approved, the amended subdivision will accomplish the following: 1. The plat will vacate a small portion of Clearstone Drive at the east end of the stub street. 2. The amended lot 210 will receive approximately 828 square feet of property. 3. Mr. Milne will remove and replace all existing infrastructure to meet West Valley City Engineering requirements and requirements of Granger Hunter Improvement District. 4. Hallmark Homes will provide a bid estimate for costs associated with the installation of new landscaping in the area that will be vacated. Mr. Milne will provide funds to Hallmark Homes to cover those costs. The two property owners will also need to coordinate a temporary construction easement for the work that needs to be done in front of lot 210. Councilmember Buhler asked if all homes along the street will have one point of access. Steve replied yes and added that Fire Code allows up to 30 homes per single point of access. Mayor Bigelow asked if the City Council could decrease the size of lot 306 and still allow the connection of the road. Steve replied that the Development Agreement would need to be amended and staff would suggest keeping the zoning at RE. Councilmember Christensen noted that the grade is also a concern. Steve agreed and explained how the grade would impact homes in the area. Councilmember Huynh stated that he would like to see a road connection and indicated that he doesn’t want to move forward with changing the plat too quickly. Councilmember Lang disagreed and stated that she feels like this is a good solution to an awkward situation. Councilmember Buhler agreed and added that this is the configuration as it is now so nothing is being changed so residents won’t be strongly impacted. He indicated that the City imposed the RE zone on the property and he feels it makes sense to modify the plat to what works now. Mayor Bigelow expressed concern the City constructing stub streets that don’t have opportunities  MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -6- to connect. Steve replied that the property was anticipated to be rezoned R-1-10 and the stub streets would have worked under that zoning. Staff and the Council discussed the street system in the area as well as potential future neighboring plats and streets. Councilmember Lang asked if the street in the next plat will line with the street across 7200 West. Steve replied that there will be a slight offset. Staff and the Council discussed connectivity of streets, traffic calming, etc. The City Council will consider Ordinance 19-17 at the Regular Council Meeting scheduled June 11, 2019 at 6:30 P.M. CONSIDER APPLICATION SMI-4-2019, FILED BY SATTAR TABRIZ, REQUESTING FINAL PLAT APPROVAL FOR THE COVINGTON ESTATES SUBDIVISION LOCATED AT 4016 SOUTH 6000 WEST Steve Lehman, CED, presented proposed application SMI-4-2019, filed by Sattar Tabriz, requesting Final Plat Approval for the Covington Estates Subdivision located at 4016 South 6000 West. Written documentation previously provided to the City Council included information as follows: Sattar Tabriz, representing the property owner, is requesting final plat approval for the Covington Estates Subdivision. The subject property is located at 4016 South 6000 West and was recently rezoned from the A zone to the R-1-7 zone. The subdivision will consist of 3 lots ranging in size from 7,000 to 14,385 square feet. The average lot size for the 3 lots is 9,133 square feet. Minimum lot sizes and frontage requirements, including the flag lot have been adequately addressed. Currently, there is an existing dwelling along with other outbuildings on the property. It is the property owner’s intent to leave the existing dwelling on what will become lot 1. Other outbuildings will be removed to make room for two new single-family homes. During the rezoning process, the property owner entered into a development agreement with the City. The agreement addressed improvements to be made to the existing dwelling. Access to the subdivision will be gained from 6000 West. There are no improvements along the west side of the street at this location. The developer will install curb, gutter, sidewalk, and asphalt along this right-of-way. These improvements will connect with existing improvements to the north and to the south. In addition to these improvements, street trees will be installed along the frontage of lots 1 and 2.  MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -7- The flag lot is adjacent to the Utah Salt Lake Canal. As part of the development agreement, a wrought iron fence will be installed along the north side of the canal to provide transparency into this area. Mayor Bigelow asked if the driveway for the flag lot will be on the north side of the canal path. Steve replied yes. Mayor Bigelow asked if the path is hard surfaced. Steve replied it is dirt. Mayor Bigelow asked what type of separation will be provided. Steve replied a wrought iron fence. Mayor Bigelow asked what type of improvements are needed. Steve replied it is anticipated that there will be a concrete driveway. Upon inquiry by Mayor Bigelow, Steve explained how drainage will work on the flag lot. The City Council will consider SMI-4-2019 at the Regular Council Meeting scheduled June 11, 2019 at 6:30 P.M. CONSIDER APPLICATION SMI-5-2019, FILED BY THE UTAH DEPARTMENT OF TRANSPORTATION (UDOT), REQUESTING FINAL PLAT APPROVAL FOR THE ANNA CAROLINE SUBDIVISION LOCATED AT 2400 SOUTH 5700 WEST Steve Lehman, CED, presented proposed application SMI-5-2019, filed by the Utah Department of Transportation (UDOT), requesting final plat approval for the Anna Caroline Subdivision located at 2400 South 5700 West. Written documentation previously provided to the City Council included information as follows: The Utah Department of Transportation is requesting final approval for the Anna Caroline Subdivision. The subject property is located at 2400 South 5700 West and is zoned Light Industrial. The proposed subdivision consists of 1 lot and 1 parcel. Lot 1 consists of 9 acres and Parcel A consists of 2.2 acres. Lot 1 will be used for a maintenance facility and salt shed, while Parcel A will be developed later. The subdivision plat will also dedicate portions of Anna Caroline and 2400 South. Anna Caroline will be dedicated to a 71-foot width. Previous developments to the south (WinCo & Cabco) have dedicated and built portions of Anna Caroline Drive. However, a connection to the south will not be made at this time. Anna Caroline has been constructed through the WinCo property, but not through the Cabco 5600 West property. Once the bridge over the Riter Canal has been constructed, the Cabco piece will be built to tie in with the WinCo piece and the portion that will be dedicated as part of this plat. This section of Anna Caroline will also have a wider  MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -8- sidewalk on the west side of the street to connect with the cross-town trail system. 2400 South will be dedicated to a 90-foot width. This road will align with the newly built intersection on 5600 West. Additional dedication will be provided along the west side of 5600 West per UDOT requirements. Mayor Bigelow asked who will install the bridge. Steve replied the City. Mayor Bigelow asked why a bridge is needed when there are residential homes. Steve replied it has been designed as a type of frontage road to 5600 West and will provide an additional path for truck traffic. Mayor Bigelow asked what landscaping will be provided on 5600 West. Steve replied that staff is working with UDOT. Mayor Bigelow stated that he would hope UDOT would recognize the importance of 5600 West and partner with the City to provide good landscaping. Upon inquiry by Councilmember Lang, Steve explained the location of the proposed buildings. The City Council will consider SMI-5-2019 at the Regular Council Meeting scheduled June 11, 2019 at 6:30 P.M. COMMUNICATIONS A. JUSTICE COURT REPORT Clint Gillmore and Brendan McCullaugh, Justice Court Judges, discussed updates in the Justice Court. Judge McCullaugh indicated the court was awarded the Utah Justice Court Award in 2017 and stated that Kim Zimmerman was nominated as Court Clerk of the Year which is a very important designation. Judge McCullaugh stated that the City has been leading in an online resolution dispute pilot project. He indicated that the goal is to increase the participation rate among small claims cases. Judge McCullaugh stated that West Valley City is one of the first in the Country to use this method and has been invited by groups across the Country to share the program. Judge McCullaugh discussed filing time reductions, legal defenders at the jail to reduce transportation, improved indigent defense processes, etc. Judge Gillmore discussed the Mental Health Court that was created after persistence from the Police Department. He stated that it is very rewarding to see clients succeed in the system and invited members of the Council to attend Thursday at 1:30 PM. Judge Gillmore talked about various clients he has come to know and care about and detailed some of the capstone projects clients have completed as part of the program. He stated that this is the only certified misdemeanor Mental Health Court in the State and has been a valuable asset to the community.  MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -9- Councilmember Buhler asked if the Justice Court has a need for more resources. Judge McCullaugh replied that he feels they have all the tools they need at this time. Councilmember Buhler asked if there is any spillover from Taylorsville Justice Court issues. Judge McCullaugh indicated that other judges can cover cases if needed but an active retired or senior judge will likely be overseeing cases. B. SINGLE UNIT DWELLING DISCUSSION (PART 2) Steve Pastorik, CED, provided a draft code change proposal as follows: 7-1-103. DEFINITIONS. “Bathroom” means a room for personal hygiene activities containing a toilet and a sink. A Bathroom may also include a shower or bathtub. “Bedroom” means a private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a Bathroom without crossing another Bedroom. “Boarding Home” means a Dwelling Unit, or part thereof, wherein a room or rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the Dwelling Unit. “Dwelling Unit” means one or more rooms connected together in a Structure in which doors and hallways provide shared access to common living facilities, including but not limited to provisions for sleeping, eating, cooking, and sanitation. All occupants of a Dwelling Unit live together as a single housekeeping unit where all occupants maintain free access to all living spaces within the Dwelling Unit. 7-2-126. DWELLING UNITS. All Dwelling Units shall meet the following requirements: (1) The area dedicated to Bedrooms within a Dwelling Unit shall not exceed 50 percent of the total finished area of the same Dwelling Unit. (2) A Bathroom within a Dwelling Unit shall have no more than one toilet. (3) A Bathroom within a Dwelling Unit shall have no more than one bathtub, shower, or bathtub and shower combination. 7-6-201. AGRICULTURAL AND RESIDENTIAL USE TABLE.  MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -10- Zones – (Zones with an asterisk (*) include regulations that limit the use.) Uses - (Uses with an asterisk (*) A, A-1, A-2 include use specific regulations.) RE R-1 R-2-6.5 R-2-8 R-4 RM RMH SH RB Boarding Home X X X X X X X X P X 17-1-108. LICENSING AFTER REVOCATION. (1) (a) Subject to subsection 1(b) below, a A person whose license has been revoked in accordance with this Title shall not be issued any business license for a period of 12 months after the revocation. (b) If a rental business license is revoked for the making of false statements, the person whose license has been revoked shall not be issued any business license for a period of 24 months after the revocation. Councilmember Buhler clarified that boarding houses will need to be licensed. Steve replied yes. Councilmember Buhler asked what would happened to existing ones. Steve replied if someone has a rental unit that has been licensed and is legal, it would become non-conforming and could continue. Councilmember Buhler stated that parking needs to be addressed and suggested that Boarding Houses should also be allowed in A zone. He added that the phrase “access to all living spaces” should be changed to “access to shared living spaces”. Councilmember Lang asked where SH zones are located. Steve replied it is a fairly new zone and there are currently no locations in the City with that designation. Councilmember Lang stated that she feels an applicant should still need a conditional use or should apply for a rezone to have a boarding house in the A zone. She added that she would prefer to see the rezone option so that the Council could have an opportunity to review the application. Councilmember Lang indicated that she would like a detailed parking requirement that specifies how many parking stalls are required for boarder or per room. Upon inquiry, Steve stated that a boarding home would require a 20,000 square foot property. He added that additional restrictions might include that no home occupied business be allowed in a boarding home to minimize the amount of traffic. The Mayor and Council discussed accessory dwelling units. Mayor Bigelow questioned if having a lock on a door between the upper and lower  MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -11- level would count as creating a duplex situation. The Council debated this and indicated that people have locks on their bedroom doors as well. Councilmember Huynh asked if this is a big concern in West Valley City. Steve replied that there has been an uptake in requests for this recently and it is a concern from a public safety, traffic, etc. standpoint. Wayne asked if the Council felt comfortable with staff making suggested changes and coming back with an ordinance. The Mayor and Council replied yes. The Mayor and Council discussed penalties, licensing being tied to a person or a property, an enforcement. C. COUNCIL CALENDAR Mayor Bigelow referenced a Memorandum previously received from the City Manager that outlined upcoming meetings and events. Members of the City Council had no further questions regarding the Council Update. NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS Council Suggestions Councilmember Buhler stated that he has received complaints regarding scooters being left on sidewalks. Wayne replied that the City is aware of this concern as well and is monitoring the situation. He indicated that the current plan is see whether the market for the scooters is sustainable and if this is a long-term problem or a temporary issue. Wayne added that potential accidents are a concern as well. Mayor Bigelow and the Council discussed businesses operating on a public sidewalk or street and scooters interfering with people walking or accessing sidewalks with wheelchairs. Mayor Bigelow stated that he would like to look at the flag lot ordinance. There was not a consent from the Council so this item will not be added as a potential future agenda item. Councilmember Lang requested that staff look at updating the landscape ordinance to allow for more localscape or xeriscaping options. She indicated that the State Legislature is making tighter restrictions on individual water use and landscaping utilizes a lot of water. Councilmember Bigelow stated the Code already provides for this but there does still need to be 50% live landscaping which could include trees or drought tolerant plants. The Council agreed to have Councilmember Lang look into standards she may want changed and bring those forward. Councilmember Fitisemanu stated that he would like to look at renewable energy goals for the City.  MINUTES OF COUNCIL STUDY MEETING – JUNE 4, 2019 -12- B. COUNCIL REPORTS None MOTION TO ADJOURN Upon motion by Councilmember Lang all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY JUNE 4, 2019 WAS ADJOURNED AT 6:15 PM BY MAYOR BIGELOW. I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Study Meeting of the West Valley City Council held Tuesday, June 4, 2019. _______________________________ Nichole Camac, CMC City Recorder