City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, MAY 17, 2022 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 LANG. THE MEETING WAS ALSO HELD ELECTRONICALLY VIA ZOOM. THE FOLLOWING MEMBERS WERE PRESENT: Karen Lang, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large (electronically) Tom Huynh, Councilmember District 1 Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 (arrived as noted) STAFF PRESENT: Wayne T Pyle, City Manager (electronically) Nichole Camac, City Recorder (electronically) Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney (electronically) Colleen Jacobs, Police Chief John Evans, Fire Chief (electronically) Jim Welch, Finance Director Steve Pastorik, CED Director (electronically) Layne Morris, CPD Director Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director John Flores, HR Director Sam Johnson, Strategic Communications Director (electronically) Ken Cushing, IT Jonathan Springmeyer, RDA Jeff Jackson, RDA APPROVAL OF MINUTES OF STUDY MEETING HELD MAY 10, 2022 The Council considered the Minutes of the Study Meeting held May 10, 2022. There were no changes, corrections or deletions.  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -2- Councilmember Huynh moved to approve the Minutes of the Study Meeting held May 10, 2022. Councilmember Harmon seconded the motion. A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDA FOR SPECIAL MUNICIPAL BUILDING AUTHORITY MEETING OF MAY 17, 2022 (NO REGULAR CITY COUNCIL MEETING) Upon inquiry by Mayor Lang, members of the Council had no further questions or concerns regarding items listed on the Special Municipal Building Authority Agenda scheduled later this night. Councilmember Nordfelt requested that a public comment period be added to the agenda for the Municipal Building Authority. After discussion, a majority of the Council agreed to allow this if there were members of the public who wished to speak. PUBLIC HEARINGS SCHEDULED FOR MAY 24, 2021 A. ACCEPT PUBLIC INPUT REGARDING THE POTENTIAL ACQUISITION OF MOUNTAIN VIEW CORRIDOR SURPLUS PROPERTY FROM THE UTAH DEPARTMENT OF TRANSPORTATION Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 24, 2022, in order for the City Council to hear and consider public comments regarding the Potential Acquisition of Mountain View Corridor Surplus Property from the Utah Department of Transportation. Proposed Resolution 22-86 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: RESOLUTION NO. 22-86, DECLARE THAT THE ACQUISITION OF CERTAIN SURPLUS PROPERTY OWNED BY THE UTAH DEPARTMENT OF TRANSPORTATION IS FOR A VALID PUBLIC USE Jeff Jackson, RDA, discussed proposed Resolution 22-86 that would declare that the Acquisition of Certain Surplus Property Owned by the Utah Department of Transportation is for a Valid Public Use Written documentation previously provided to the City Council included information as follows: The City is currently studying and evaluating properties along the 5600 west corridor for potential redevelopment. Some of the area being evaluated belongs to UDOT and is part of their surplus from the Mountain View Corridor construction. The City is looking to examine this surplus property  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -3- as part of a larger redevelopment initiative. UDOT grants municipalities the opportunity to purchase land before it’s sold at a public auction. In order to engage, State Law and UDOT rule requires the completion of the following two items 1) the City must pass a resolution stating the property will be used to serve a public purpose, which economic development and redevelopment satisfy and 2) the City must hold a public hearing to satisfy UDOT admin rule R907-80-10. The City desires to engage with UDOT to a further degree in order to explore the possibility of purchasing the property. The City and the RDA has been working towards redevelopment of the 5600 West corridor, (located between 2100 South and 2500 South) for nearly three decades. This area has not experienced the tremendous growth like other areas to the south along 5600 west. This is largely due to the types of businesses in this section as well as the large number of owners. The RDA spent years of effort to try and redevelop this area and created an RDA project area over 20 years ago with the plan that the Tax Increment participation tool would help spur development. Unfortunately, the landowners were unwilling to sell, and the area stalled. Mountain View Corridor provided a jump start to this area as UDOT was able to use eminent domain to acquire some of the more difficult parcels for construction. Now that UDOT has finished with the corridor in this section, the ground left over from construction is now available for the City to potentially engage for redevelopment. Councilmember Harmon verified that this would not authorize the purchase of the properties but would simply allow staff the ability to enter into conversation with UDOT. Jeff replied yes. Councilmember Huynh asked if UDOT has been made aware of the City’s interest. Jeff replied yes. The City Council will consider Resolution 22-86 at the Regular Council Meeting scheduled May 25, 2022 at 6:30 P.M. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION PUD-1-2022, FILED BY BRAD REYNOLDS, REQUESTING FINAL PLAT APPROVAL FOR MEADOWS ON 32ND LOCATED AT 3554 SOUTH 3200 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 24, 2022, in order for the City Council to hear and consider public comments regarding application PUD-1-2022, Filed by Brad Reynolds, MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -4- Requesting Final Plat Approval for Meadows on 32nd Located at 3554 South 3200 West. Proposed Ordinances 22-21 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 22-21, APPROVE THE AMENDMENT TO LOTS 1A AND 2A OF THE AFFCU WEST VALLEY 3500 SOUTH SUBDIVISION AMENDED Steve Lehman, CED, discussed proposed Ordinance 22-21 that would approve the Amendment to Lots 1A and 2A of the AFFCU West Valley 3500 South Subdivision Amended. Written documentation previously provided to the City Council included information as follows: Mr. Brad Reynolds is requesting final approval for the Meadows on 32nd. This plat also amends lots 1A and 2A of the AFFCU 3500 South Subdivision Amended. The subject property was rezoned in December 2021 from the C-2 zone to the RM zone and will be guided by a development agreement. The project consists of 33 units on 3.48 acres. Proposed townhomes will be two-story units with a combination of 4 and 5 plex units. Per the development agreement, the minimum square footage will be 1,550 square feet with each unit having a basement of at least 750 square feet. All units will have a two-car garage accessed from a private road and/or drive court with each unit having a full driveway. The developer has added additional parking spaces bringing the total parking ratio to 4.5 spaces per unit. Although the parking ratio has since changed to 4.75 spaces per unit, this project received zoning approval from the City Council at 4.5 spaces per unit. Access to the subdivision will be gained from 3200 West with all internal streets and drive courts being private. The developer is required to provide 1 amenity for this project but is proposing 2. For this project, Mr. Reynolds is providing an open space that includes a large play area with playground equipment. For the second amenity, he is proposing a full perimeter walking path. The site has good connectivity from each of the units to the walking path. The developer will be fencing the north property line with a pre-cast  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -5- masonry wall. The design of this wall has yet to be selected, but staff anticipates it will be similar to the wall used for the Villages on 27th also developed by Mr. Reynolds. Mr. Reynolds is also proposing to fence the west and south sides with a vinyl fence. The City Council will consider Ordinance 22-21 at the Regular Council Meeting scheduled May 24, 2022 at 6:30 P.M. ORDINANCE 22-22: AMEND SECTION 1-2-107 OF THE WEST VALLEY CITY MUNICIPAL CODE TO UPDATE CERTAIN PARKS AND RECREATION FEES Nancy Day, Parks and Recreation Director, presented proposed Ordinance 22-22 that would amend Section 1-2-107 of the West Valley City Municipal Code to Update Certain Parks and Recreation Fees Written documentation previously provided to the City Council included information as follows: The WVC Family Fitness Center staff have seen an increase in operating costs for the facility childcare and Kidz Kamp programs including the all-day Kidz Kamp, Summer Kamp, Kindergarten Kamp and After School Kamp. A fee increase is proposed to help alleviate the increased costs. The proposed fees outlined below remain comparable to most nearby facilities who offer similar programs and services. Proposed Fee Changes: Non-Member Hourly Childcare: $4 per hour (Previously $2.50 per hour) Member Hourly Childcare: $2 per hour after free first hour Kidz Kamp All-Day Program: $30 per day (Previously $27 per day) After School Kidz Kamp: $12 per day (Previously $10 per day) Kindergarten Kidz Kamp: $17 per day (Previously $15 per day) All Kidz Kamp fees will now include a 15% discount for FFC members. The City Council will consider Ordinance 22-22 at the Regular Council Meeting scheduled May 24, 2022 at 6:30 P.M. RESOLUTION 22-87: AUTHORIZE THE PURCHASE OF A BIKE PARK FROM AMERICAN RAMP COMPANY Jason Erekson, Parks and Recreation, presented proposed Resolution 22-87 that would authorize the Purchase of a Bike Park from American Ramp Company Written documentation previously provided to the City Council included information as  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -6- follows: With the success of the skate park, and pump track, including high demand from bicyclists, it has been determined that a bike park type course should be located in close proximity to the skate park and incorporate the pump track. This will increase the usable area of the skate park; reducing congestion and increasing safety for all participants, and will create more bike features (banks, berms, hills, jumps, etc.). This will be a new element which will enhance the park not just for bicycles, but for all wheeled users. As Centennial Park continues to be developed, and with the success of the Skate Park and Pump Track, it has been determined that a bike park should be installed. This bike park will help alleviate some congestion at the skate park and will add additional elements that would increase the draw to the skate park from users of all skill levels. The park will have asphalt trails and manufactured ramps, berms, whoops, tunnels and bridge. It will be around the perimeter of the retention basin, and will be a one of a kind facility east of the Mississippi River. The new Bike Park features and installation will be obtained from American Ramp Company using Sourcewell Cooperative Purchasing contract number 112420- ARC. Councilmember Harmon expressed concern about rocks being placed near the bike park ramps. Jason replied that there will be signs that instruct on skill level. Mayor Lang asked what the condition of the current ramps are. Jason replied that they do get wear and tear but they are fixed as soon as possible. Councilmember Fitisemanu arrived at 4:53 PM. The City Council will consider Resolution 22-87 at the Regular Council Meeting scheduled May 24, 2022 at 6:30 P.M. RESOLUTION 22-88: AWARD A CONTRACT TO KILGORE CONTRACTING FOR THE CONSTRUCTION OF THE 3100 SOUTH ATP OVERLAY PROJECT Dan Johnson, Public Works Director, presented proposed Resolution 22-88 that would award a Contract to Kilgore Contracting for the Construction of the 3100 South ATP Overlay Project. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -7- Earlier this year, West Valley City executed a cooperative agreement with UDOT allocating $720,000 of State Transportation Investment Funds (TIF) towards resurfacing and adding bike lanes to 3100 South from 4000 West to 4800 West. The Public Works Department will utilize local transportation funds to extend the project limits to 5600 West. In addition, the project will include the replacement of all substandard pedestrian access ramps and failing storm drain infrastructure. Bids for the 3100 South ATP Overlay project were opened on May 3, 2022, a total of three (3) bids were received. The lowest responsible bidder was Kilgore Contracting in the amount of $4,253,777.10. Due to the lead time currently associated with concrete pipe, it is anticipated that the work east of 4800 West will be complete this year, with the remainder of the work taking place in the spring/early summer of 2023 The City Council will consider Resolution 22-88 at the Regular Council Meeting scheduled May 24, 2022 at 6:30 P.M. RESOLUTION 22-89: APPROVE THE PURCHASE OF STREETLIGHTS FROM MOUNTAIN STATES LIGHTING Erik Brondum, Public Works, presented proposed Resolution 22-89 that would approve the Purchase of Streetlights from Mountain States Lighting. Written documentation previously provided to the City Council included information as follows: The Street Light Utility needs to order street light assemblies for upcoming projects as well as other materials for routine maintenance of the street light system. Mountain States Lighting has supplied street lights to the City since 2006. The City normally purchases lights directly from the Mountain States and supplies them to City contractors for installation because of a significant discount given to the City. Councilmember Harmon asked if there is an outline of projects for the next 5 years. Erik replied that the City is considering hiring a company to provide a recommendation on what is needed most. He indicated that this proposal is to obtain equipment and supplies for future projects. Councilmember Huynh asked if the City Council could see the plan when it is competed. Erik replied yes. The City Council will consider Resolution 22-89 at the Regular Council Meeting scheduled May 24, 2022 at 6:30 P.M.  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -8- CONSIDER APPLICATION S-3-2021, FILED BY SHAUN JOHNSON, REQUESTING FINAL PLAT APPROVAL FOR THE WESTON FIELDS SUBDIVISION- PHASE 2, LOCATED AT 6840 WEST 4100 SOUTH Steve Lehman, CED, presented proposed Application S-3-2021, Filed by Shaun Johnson, Requesting Final Plat Approval for the Weston Fields Subdivision- Phase 2, Located at 6840 West 4100 South Written documentation previously provided to the City Council included information as follows: Mr. Shaun Johnson, is requesting final plat approval for the 2nd phase of the Weston Fields Subdivision. The subdivision consists of 38 lots on 13 acres. This equates to an overall density of 2.9 units per acre. The subdivision contains lots that are zoned R-1-8 and RE. There are 22 lots in the R-1-8 portion and 16 lots zoned RE. All lots meet the frontage and area requirements of both the R-1-8 and Re Zones. The subdivision will gain access from 4100 South and from existing stub streets in phase 1 of the Weston Fields Subdivision to the east. Although future residential development to the west is not anticipated, the developer is providing a stub street between lots 204 and 205. The street cross section used throughout the subdivision will be a 54-foot right-of-way which includes a 5-foot sidewalk and 5-foot parkstrip. In addition to the internal streets, the developer will be dedicating and improving 33-feet along 4100 South. A 6’ tall masonry wall will be installed along 4100 South. Since the City recently installed a consistent style masonry wall along 4100 South between Bangerter Highway and 5460 West, staff recommends the same style of masonry wall be installed for this subdivision. An existing rail line is located at the south boundary of the subdivision. During the rezone application for this subdivision, the City Council required as part of the development agreement, that a note be placed on the plat that that identifies the subdivision as being next to a rail line and will be subject to sounds associated with an active rail line. The City Council will consider Application S-3-2021 at the Regular Council Meeting scheduled May 24, 2022 at 6:30 P.M. CONSENT AGENDA SCHEDULED FOR MAY 24, 2022  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -9- A. RESOLUTION 22-90: AUTHORIZE THE CITY TO APPROVE A DELAY AGREEMENT WITH CREWE EHE, LLC TO DELAY CERTAIN IMPROVEMENTS AT 3594 SOUTH 5450 WEST Wayne Pyle discussed proposed Resolution 22-90 that would authorize the City to Approve a Delay Agreement with Crewe EHE, LLC to Delay Certain Improvements at 3594 South 5450 West. Written documentation previously provided to the City Council included information as follows: Crewe EHE, LLC has requested to delay the installation of off-site improvements on 3594 South 5450 West as required by ordinance for their proposed two-lot subdivision. Improvements include the installation of curb, gutter, sidewalk, storm drain, and an asphalt tie-in to the existing roadway. Presently, there are no adjoining improvements near this property and no storm drain outfall available nearby. The installation of curb and gutter at this time would cause problems on adjoining properties as there is no storm drain system to which the collected runoff could be conveyed. Delaying these improvements until additional infrastructure is in place along 5450 West would eliminate the creation of drainage problems. B. RESOLUTION 22-91: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM DAVID PANYA AND LEUANE DOUANGPAPHA FOR PROPERTY LOCATED AT 4909 WEST 3100 SOUTH Wayne Pyle discussed proposed Resolution 22-91 that would authorize the City to enter into a Right of Way Purchase Agreement and Accept a Warranty Deed and Temporary Construction Easement With and From David Panya and Leuane Douangpapha for Property Located at 4909 West 3100 South. Written documentation previously provided to the City Council included information as follows: The David Panya and Leuane Douangpapha property is one of nine properties affected by the 3100 South ATP Overlay Project. The project will include roto-milling and overlaying the asphalt on 3100 South from 4000 West to 5600 West. This project will also require the removal and replacement of pedestrian ramps to meet current ADA standards.  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -10- The Warranty Deed and Temporary Construction Easement will facilitate construction of the pedestrian ramps. Compensation in the amount of $500.00 was negotiated based upon land values for properties in the area. Upon inquiry, there were no further questions or concerns expressed by members of the City Council. The City Council will consider Resolutions 22-90 and 22-91 at the Regular Council Meeting scheduled May 24, 2022, at 6:30 P.M. UNFINISHED BUSINESS SCHEDULED FOR MAY 24, 2022 A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-2-2022, FILED BY MOORE HOMES LC, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) AND R-1-10 (SINGLE UNIT DWELLING RESIDENTIAL) FOR PROPERTY LOCATED AT 4590 SOUTH 5600 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 10, 2022, in order for the City Council to hear and consider public comments regarding application Z-2-2022, Filed by Moore Homes LC, requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to RM (Multiple Unit Dwelling Residential) and R-1-10 (Single Unit Dwelling Residential) for Property Located at 4590 South 5600 West. Mayor Lang noted that this item was continued from the May 10, 2022 City Council Regular Meeting to May 24, 2022. Proposed Ordinance 22-17 and Resolution 22-72 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 22-17, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4590 SOUTH 5600 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) AND R- 1-10 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 10,000 SQUARE FEET) Steve Pastorik, CED Director, discussed proposed Ordinance 22-17 that would amend the Zoning Map to Show a Change of Zone for Property Located at 4590 South 5600 West from A (Agriculture, Minimum Lot Size 1/2 Acre) to RM (Multiple Unit Dwelling Residential) and R-1-10 (Single Unit Dwelling Residential, Minimum Lot Size 10,000 Square Feet). MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -11- Written documentation previously provided to the City Council included information as follows: The applicant’s concept plan includes an 86-unit, 2 story townhome development on 9 acres, 2 single unit dwelling lots and a cul-de-sac on 1 acre, and a 1-acre City park. The density of the townhome portion of the project is 8.6 units/acre including the 1-acre park and 9.6 units/acre excluding the 1-acre park. The attached concept plan and development agreement provide details on the proposed project. By way of background, a zone change request submitted by DR Horton on this same property was denied by the City Council back in 2020. The table below compares this latest proposal from Moore Homes LC with the DR Horton proposal that was denied. Feature DR Horton’s Denied Moore Homes LC Application Application Zones requested RM on 8.2 acres, R-1-10 on RM on 10 acres and R-1- 1.7 acres, and C-2 on 1.1 10 on 1 acre acres # of Single Unit 4 2 Dwellings # of Townhomes 98 86 Size of Townhomes 1,401 to 1,417 sq. ft. above 1,560 to 1,796 sq. ft. grade above grade Townhome Not included Finished basements with Basements at least 723 sq. ft. Townhome Interiors Not addressed Commitments to interior finishes and energy saving features Density of 12 units/acre 8.6 units/acre Townhomes City Park Not included 1 Acre ACTION: RESOLUTION NO. 22-72, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MOORE HOMES, LC FOR APPROXIMATELY 10.97 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 4590 SOUTH 5600 WEST Steve Pastorik, CED Director, discussed proposed Resolution 22-72 that would authorize the City to Enter into a Development Agreement with Moore Homes, LC for Approximately 10.97 Acres of Property Located at Approximately 4590 South 5600 West  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -12- Written documentation previously provided to the City Council included information as follows: Randy Moore has submitted a zone change application (Z-2-2022) on 10.97 acres to change the zoning from A (Agriculture, minimum lot size ½ acre) to RM (Multiple Unit Dwelling Residential) and R-1-10 (Single Unit Dwelling Residential, minimum lot size 10,000 square feet). The Planning Commission recommended approval of the zone change subject to a development agreement. The proposed development agreement addresses the following topics:  Maximum number of townhome units  Minimum townhome unit sizes  Architecture  Interior finishes  Amenities  One-acre of property to be dedicated as a City park  Standards for the two new single unit dwellings  Multi-unit residential design standards from City Code The City Council will consider Ordinance 22-17 and Resolution 22-72 at the Regular Council Meeting scheduled May 10, 2022 at 6:30 P.M. COMMUNICATIONS A. SHOPPING CENTER STANDARDS Steve Pastorik, CED Director, presented a PowerPoint presentation summarized as follows: - Current Ordinance o The current ordinance establishes a one-acre minimum area for shopping centers. o Shopping centers are defined as: “a group of retail and other commercial establishments built on a site which is planned, developed, operated, and managed as an operating unit”. - Ordinance Changed in 2017 o Prior to the ordinance change in 2017, there was no minimum area for a shopping center. o At the time this standard was adopted, the City had reviewed and approved many “L” shaped strip malls on small properties. The MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -13- 1-acre standard was put in place to steer shopping centers to larger parcels with more tenant options and to prevent commercial corridors from becoming a collection of strip malls. - History o 02/02/2021: Concern over the regulation was first raised at a Council meeting. Staff sent an email in response. o 8/10/2021: The question was raised at a Council meeting about changing the ordinance. The Council requested information on the history of the ordinance. Staff sent an email outlining the ordinance history. o 8/24/2021: A request was made at a Council meeting to schedule a discussion to amend the ordinance. The Council asked for a map showing parcels under 1 acre along major streets. o 9/14/2021: As requested, staff presented maps to the Council of 1-acre parcels along major streets. While the request was made to change the ordinance, the Council did not give staff direction to do so. o 12/7/2021 and 12/14/2021: The Council discussed how the 1- acre rule would apply to pad sites at the Valley Fair Mall. Staff prepared a memo in response. o 3/15/2022: The question was raised about changing the ordinance. The Council requested another discussion on the issue. - Vacant Land Maps - Allowed Uses in C-2 Zone o Assisted Living Facility o Auto Sales and Service o Community Use o Convenience Store o Day Care/Preschool o Event Center, Indoor o Fast Food Restaurant o Financial Institution o Fitness Center o Hospital o Indoor Kennel o Lodging Facility o Mortuary o Movie Theater o Neighborhood Service o Nursing Home  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -14- o Office o Recreation o Retail o Restaurant Councilmember Huynh stated that he was approached by a business owner who expressed concern about how the ordinance was changed. He noted that he was not aware this change was occurring as part of the overall change to Title 7 in 2017 when he voted in favor. Councilmember Huynh stated that he would like to restore rights to property owners. He indicated that there is a lot of demand for strip malls. Councilmember Harmon asked how many vacant parcels this regulation impacts. Steve replied it would be around 20 vacant parcels. Mayor Lang asked if townhomes would be allowed on these parcels. Steve replied they would not be allowed without a zone change. Councilmember Harmon stated that shopping centers on properties less than one acre would be tight. Mayor Lang stated that she would be fine adjusting the ordinance as long as parking regulations and building size are regulated. She indicated that she would like to see a list of strip malls on properties less than 1 acre so she can visit them. The Mayor and Council had no further questions or concerns. B. COMMUNITY RENEWABLE ENERGY PROGRAM UPDATE Jonathan Springmeyer, RDA, stated that the Council requested a communication item regarding this topic. He noted that the deadline to enter into the program is the end of May. Mr. Springmeyer stated that has participated in a number of meetings over the last few months with members that advocate for the program. Mr. Springmeyer stated that the City is a qualified participant in the program and to opt in there would be an approximate payment of $47,000 for Phase 1 and then an additional matching payment for Phase 2 to be paid July 31, 2022. He indicated that the City can participate in Phase 1 and choose not to make the second payment for Phase 2 which would release the City of its contractual obligations. Councilmember Nordfelt stated that the City has been making a lot of progress and will continue to do so but he believes that this issue is an important one and the City should take every opportunity to do what it can to help reduce air pollution and provide clean renewable energy. Councilmember Nordfelt stated that he believes the City should participate in the program because it gives residents and businesses the option of choosing. He noted that it is also a very powerful tool for Economic Development in bringing businesses into the City. Councilmember Nordfelt stated that the City currently has no say in how its residents get power but under this program, the City would have a 13% voice. He indicated that he believes MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -15- making important decisions now that will have an impact on air quality for residents that live in West Valley City in 50 years is important. He stated that it is important to reduce dependence on fossil fuels. Councilmember Nordfelt stated that when the Council considered questions for the Councilmember District 3 vacancy, one of the suggested questions asked what the difference between a politician and a statesman was. He indicated that he believes a politician makes decisions on how voters will see their actions and a statesman makes hard choices that may not be 100% agreed upon at the time but will make a positive impact for the community as a whole for years to come. Councilmember Nordfelt stated he has faith in the advocates and participants behind the Community Renewable Energy program and added that renewable energy costs will decrease as inflation and the cost of fossil fuels increase. He indicated that the costs to the residents are not certain and staff estimated last year that they could be between 20-50% but other more recent reports indicate that it could be 10-20%. Councilmember Nordfelt concluded that the time to take action on improving the environment for future generations is now. Councilmember Whetstone stated that he is not 100% sold on the program but he has been researching it and would be supportive of adding a resolution to the agenda for consideration on May 24th. Councilmember Fitisemanu stated that he would agree and would support adding a resolution for consideration as well. Councilmember Huynh stated that he believes it’s important to trust staff’s 25-50% increase projection. Councilmember Nordfelt stated that there have been many changes since that number was estimated. He indicated that no one knows what the true cost to residents would be but the City needs to join to even see those estimated percentages. Mayor Lang stated that she sees this program with a business model in mind. She indicated that advocates for the program have had 2 years to put together a business model with more solid numbers and estimates and she isn’t comfortable on spending close to $100,000 when there is no solid information available and there are other important needs. Councilmember Nordfelt stated that he understands this concern but noted that it’s a balancing of risks and benefit. He indicated he would like his grandchildren to be able to live in West Valley City with better air quality. He stated that poor air quality effects health, view, etc. Councilmember Huynh stated that he believes air quality regulations should be regulated by the State. Councilmember Harmon stated that he doesn’t believe this program is the right way to achieve the goal. Councilmember Christensen stated that he is not sold on the program but is comfortable adding a resolution to the agenda to be considered.  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -16- C. BANGERTER HIGHWAY UPDATE Wayne Pyle, City Manager, stated that Mayor Lang requested a communication item regarding this topic. Mayor Lang stated that she has been asked by residents if the City has formed an opinion on the underpass and overpass process on Bangerter Highway. Councilmember Harmon stated that he is not in favor of spending extra money on going under so would prefer overpasses. Councilmember Whetstone stated that he is sympathetic to residents who live near there and he believes this is a long term investment and would support paying additional costs for the underpass option. Councilmember Nordfelt agreed. Councilmember Fitisemanu asked if there is a willingness from Taylorsville to help with the costs on 4700 South. Mayor Lang stated that she has heard no. Councilmember Christensen stated that he would just like it to be consistent. D. COUNCIL CALENDAR Mayor Lang 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 Councilmember Harmon stated that he would like a presentation on how the Code Enforcement process works from beginning to end. The Mayor and Council agreed. B. COUNCIL REPORTS None MOTION TO ADJOURN Upon motion by Councilmember Whetstone all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY MAY 17, 2022 WAS ADJOURNED AT 5:57 PM BY MAYOR LANG.  MINUTES OF COUNCIL STUDY MEETING – MAY 17, 2022 -17- 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, May 17, 2022. _______________________________ Nichole Camac, CMC City Recorder