City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – JUNE 28, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, JUNE 28, 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 (electronically) Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne T Pyle, City Manager Nichole Camac, City Recorder Eric Bunderson, City Attorney Colleen Jacobs, Police Chief (electronically) John Evans, Fire Chief (electronically) Jim Welch, Finance Director (electronically) Steve Pastorik, CED Director Layne Morris, CPD Director Dan Johnson, Public Works Director Jason Erekson, Acting Parks and Recreation Director (electronically) John Flores, HR Director (electronically) Mark Nord, RDA Director Sam Johnson, Strategic Communications Director (electronically) Ken Cushing, IT (electronically) Steve Lehman (electronically) APPROVAL OF MINUTES OF STUDY MEETING HELD JUNE 21, 2022 The Council considered the Minutes of the Study Meeting held June 21, 2022. There were no changes, corrections or deletions.  MINUTES OF COUNCIL STUDY MEETING – JUNE 28, 2022 -2- Councilmember Huynh moved to approve the Minutes of the Study Meeting held June 21, 2022. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDAS FOR REGULAR CITY COUNCIL AND SPECIAL REDEVELOPMENT AGENCY MEETINGS OF JUNE 28, 2022 Upon inquiry by Mayor Lang, members of the Council had no further questions or concerns regarding items listed on the Agendas for the Regular City Council meeting or Special Redevelopment Agency Meeting scheduled later this night. PROCLAMATIONS A. PROCLAMATION RECOGNIZING THE MONTH OF JULY 2022 AS PARK AND RECREATION MONTH Councilmember Huynh offered to read a Proclamation recognizing the month of July 2022 as Parks and Recreation Month in West Valley City at the July 5, 2022 Regular City Council Meeting. PUBLIC HEARINGS SCHEDULED FOR JULY 5, 2022 A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-8-2022, FILED BY ARCADIA SP, INC., REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) FOR PROPERTY LOCATED AT 3789 SOUTH 5200 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled July 5, 2022, in order for the City Council to hear and consider public comments regarding application Z-8-2022, Filed by Arcadia SP, Inc., Requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to R- 1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet) for Property Located at 3789 South 5200 West. Proposed Ordinance 22-26 and Resolution 22-116 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 22-26, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3789 SOUTH 5200 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) Steve Pastorik, CED Director, discussed proposed Ordinance 22-26 that would amend the Zoning Map to Show a Change of Zone For Property Located at 3789 South MINUTES OF COUNCIL STUDY MEETING – JUNE 28, 2022 -3- 5200 West from A (Agriculture, Minimum Lot Size 1/2 Acre) to R-1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet). Written documentation previously provided to the City Council included information as follows: The applicant has submitted a concept plan that shows the subject property being subdivided into 7 lots with 3 of the 7 being flag lots. The existing home would remain on one of the lots. The average lot size is 12,063 square feet including the stems of the flag lots and 11,280 square feet excluding the flag lots. While the 4 west lots all exceed 8,000 square feet in area, they are all below the required minimum lot width of 80’. The applicant is requesting a lot width exception in the development agreement for these 4 lots. The applicant has submitted a development agreement proposal that is summarized below:  The minimum house size for all ramblers will be 2,000 square feet. For two story and multi-level homes, the minimum house size will be 2,500 square feet for three lots and 3,000 square feet for the other three lots.  No home will share the front elevation as another home.  All new homes will have a 3-car garage.  All new homes will have 9’ ceilings on the main level, two tone paint, and quartz or granite countertops in kitchens and bathrooms.  Exterior walls will be constructed with 2” x 6” studs.  All new homes shall be meet the architectural requirements that were in effect up until July of 2021 when the ordinance was amended to comply with changes in state law. ACTION: RESOLUTION 22-116, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ARCADIA SP, INC. FOR APPROXIMATELY 1.93 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3789 SOUTH 5200 WEST Steve Pastorik, CED Director, discussed proposed Resolution 22-116 that would authorize the City to Enter Into a Development Agreement With Arcadia SP, Inc. for Approximately 1.93 Acres of Property Located at Approximately 3789 South 5200 West Written documentation previously provided to the City Council included  MINUTES OF COUNCIL STUDY MEETING – JUNE 28, 2022 -4- information as follows: Ken Milne with Arcadia SP, Inc. has submitted a zone change application (Z-8-2022) on 1.93 acres to change the zoning from A (Agriculture, minimum lot size ½ acre) to R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 square feet). The Planning Commission recommended approval of the zone change subject to a development agreement. The City’s Zoning Ordinance requires that “All new Subdivisions involving a rezone of property, or a PUD, shall participate in a Development Agreement that addresses housing size, quality, exterior finish materials, Streetscapes, Landscaping, etc.” The development agreement grants a lot width exception for four of the proposed lots and establishes standards for the new homes. Councilmember Harmon stated that he doesn’t love flag lots but isn’t opposed to them in specific circumstances. He stated that he is concerned about the shared driveway access for two of the flag lots and stated that maintenance could become a problem in the future. Councilmember Whetstone asked if removing the existing home would allow for a different scenario. Steve replied that the developer looked at different options but the dimensions of the property make it challenging. Councilmember Huynh stated that he is concerned that there are 3 homes that are essentially directly behind other homes. He stated that he would be concerned about illegal activity happening as these homes are not visible from the street. The City Council will consider Ordinance 22-26 and Resolution 22-116 at the Regular Council Meeting scheduled July 5, 2022 at 6:30 P.M. RESOLUTION 22-117: AUTHORIZE THE ACCEPTANCE OF TWO PROPOSALS BY KEDDINGTON AND CHRISTENSEN, CERTIFIED PUBLIC ACCOUNTANTS, LLC TO PROVIDE AUDITING SERVICES TO WEST VALLEY CITY FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Jim Welch, Finance Director, presented proposed Resolution 22-117 that would authorize the Acceptance of Two Proposals by Keddington and Christensen, Certified Public Accountants, LLC to Provide Auditing Services to West Valley City for the Fiscal Year Ending June 30, 2022. Written documentation previously provided to the City Council included information as follows: West Valley City is legally required to engage the services of an independent audit  MINUTES OF COUNCIL STUDY MEETING – JUNE 28, 2022 -5- firm to audit its operations. Keddington & Christensen auditors have demonstrated experience and proficiency in municipal audits and knowledge of City operations. This audit will be conducted in accordance with auditing standards generally accepted in the United States of America: the standards for financial audits contained in the Government Auditing Standards, issued by the Comptroller General of the United States. Keddington & Christensen, Certified Public Accountants, LLC. has provided audit services for the City in the past and has the technical expertise to evaluate and review all aspects of the City’s complex operations. Councilmember Harmon asked how many years the City has used Keddington and Christensen. Jim replied approximately 20 years. Wayne they stated that they have the knowledge and skill to audit the complex budget that the City has and are familiar with the the City’s inner workings. He stated that the City hasn’t put out an RFP for approximately 7 years and at that time, Keddington and Christensen was the lowest bid by a significant margin. Wayne discussed two different thoughts when it comes to auditing. He stated that the first is that Keddington and Christensen is familiar with the City’s budget and know where to look for issues. They also move employees so it’s not the same individuals doing the audit every year. Wayne indicated that the second thought is that it would be good to hire another company who may be able to be more objective. He noted that the downside to this is that they may miss things and it may take time to understand the complexity of the City’s structure. Wayne indicated that the City allows access to all its employees during the audit process. Councilmember Harmon stated that he feels 20 years is a long time. Wayne agreed and stated that if the Council would like, staff could put out another RFP next year. Mayor Lang stated that she would like to do that and the Council agreed. Mayor Lang stated that she likes that having a consistent auditing firm reflected well on bonding but feels it is time to see what other options there are. The City Council will consider Resolution 22-117 at the Regular Council Meeting scheduled July 5, 2022 at 6:30 P.M. RESOLUTION 22-118: AUTHORIZE THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT WITH SALT LAKE COUNTY FOR MAINTENANCE OF 7200 WEST Dan Johnson, Public Works Director, presented proposed Resolution 22-118 that would authorize the Execution of an Interlocal Cooperation Agreement with Salt Lake County for Maintenance of 7200 West. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL STUDY MEETING – JUNE 28, 2022 -6- 7200 West is a shared road between Magna Metro Township and West Valley City. 7200 West pavement needs preventative maintenance to prolong the pavement life and improve the driving surface. A chip seal consists of the spray application of a thin sheet of asphalt emulsion, into which a uniform layer of small rocks or chips is placed and rolled to embed the chips. A flush coat of asphalt emulsion is applied to lock down any loose chips along with the placement of a fine sand to absorb any excess asphalt emulsion. This treatment is being applied to preserve pavement on higher volume roads. The chip seal will help protect the oil in the existing pavement from oxidation due to water and sunlight, in addition to providing skid resistance. Magna Metro Township has contracted with Salt Lake County Public Works to install a chip seal on the existing pavement, and the West Valley City Public Works Department recommends that the same work be performed concurrently on both sides of the street. The same treatment was performed by Salt Lake Couty on 7200 West between 3500 South and Parkway Blvd in 2021 and is performing well. Mayor Lang stated that the County has done other streets where there have been issues with peeling. Dan stated that this issue has been resolved and he indicated that he has inspected recent streets that they have completed, and they seem to be holding up well. Dan discussed future plans for 7200 West. The City Council will consider Resolution 22-117 at the Regular Council Meeting scheduled July 5, 2022 at 6:30 P.M. RESOLUTION 22-119: DECLARE WEST VALLEY CITY'S SUPPORT FOR UTAH'S BID TO HOST THE WINTER OLYMPICS Mayor Lang presented proposed Resolution 22-119 that would declare West Valley City's Support for Utah's Bid to Host the Winter Olympics Written documentation previously provided to the City Council included information as follows: This resolution expresses the City’s support for a future Winter Olympics to be held in Utah. The resolution also sets forth several goals to be achieved in the process of preparing for and hosting the Games. Utah hosted the Winter Olympics in 2002. The Winter Olympics were a significant event for the City and other communities in the state and spurred major infrastructure projects that continue to benefit the City and the state. If Utah’s bid  MINUTES OF COUNCIL STUDY MEETING – JUNE 28, 2022 -7- is successful, it is most likely that the Winter Olympics would be hosted in 2030 or 2034. The City Council will consider Resolution 22-119 at the Regular Council Meeting scheduled July 5, 2022 at 6:30 P.M. NEW BUSINESS SCHEDULED FOR JULY 5, 2022 A. CONSIDER APPLICATION SMI-4-2021, FILED BY TED DIDAS, REQUESTING FINAL PLAT APPROVAL FOR THE CARPE DIEM AUCTUM SUBDIVISION LOCATED AT 5470 SOUTH 5600 WEST Steve Lehman, CED, discussed Application SMI-4-2021, Filed by Ted Didas, Requesting Final Plat Approval for the Carpe Diem Auctum Subdivision Located at 5470 South 5600 West Written documentation previously provided to the City Council included information as follows: Ted Didas, is requesting final subdivision approval for the Carpe Diem Auctum Subdivision. The proposed subdivision is bordered on the north by a Chevron Gas Station and the south and west by property owned by UDOT. The proposed subdivision will consist of 2 lots on 2.06 acres. Each lot is approximately 1 acre in size, or 43,560 square feet. The C-2 Zone requires a minimum lot size of 20,000 square feet. Access to the subdivision will be gained from 5600 West. Public improvements exist along the west side of 5600 West including curb, gutter, a stamped concrete parkstrip and sidewalk. There will be one point of access from 5600 West to be used in conjunction with the property to the south. According to the plat, various easements exist for a retention pond and storm water. These easements were put in place in 1986 and 1994 respectively. They are both in favor of Salt Lake County. The developer has been working with the City Engineering Division to resolve these issues. Although there will be additional reviews as part of a permitted or conditional use application in the future, staff would like to note that there  MINUTES OF COUNCIL STUDY MEETING – JUNE 28, 2022 -8- is a grade difference between this property and the Chevron to the north. The site will need to be graded or contoured in such a manner to accommodate the grade difference. Councilmember Harmon asked if there are development proposals on the UDOT. Steve replied no and upon inquiry, displayed where access can be gained. The City Council will consider Application SMI-4-2021 at the Regular Council Meeting scheduled July 5, 2022 at 6:30 P.M. B. CONSIDER APPLICATIONS SMI-3-2022 AND SMI-4-2022, FILED BY BRIAN MOSS, REQUESTING FINAL PLAT APPROVAL FOR THE VALLEY FAIR MALL LOT 9 AND LOT 10 SUBDIVISIONS LOCATED AT 3599-3639 SOUTH CONSTITUTION BLVD Steve Lehman, CED, discussed Applications SMI-3-2022 and SMI-4-2022, Filed by Brian Moss, Requesting Final Plat Approval for the Valley Fair Mall Lot 9 and Lot 10 Subdivisions Located at 3599-3639 South Constitution Blvd Written documentation previously provided to the City Council included information as follows: Ted Didas, representing the Valley Fair Mall, is requesting final approval for the Valley Fair Mall lots 9 and 10 Subdivisions. The purpose for the applications is to divide the remaining outbuildings on the west side of the mall into individual lots. Because these applications are essentially the same, staff has prepared one report that addresses each subdivision. The proposed application is being submitted to create 2 individual subdivision lots. According to Brian Moss, Partner with Coventry Real Estate Advisors, creating new lots will provide the owner an option to sell stabilized properties separately from the larger mall asset that continues to evolve and requires redevelopment. He further informed staff that the proceeds from potential sales of the lots will be utilized to pay debt and allow Coventry to continue to invest in the future development of the mall site. One such example of this, is the revitalized plaza space located between these two lots. The mall recently completed improvements to the plaza to make it more accessible, open and inviting for a multitude of activities. The newly created lots will continue to use shared parking and access agreements, similar to previous applications. Each lot will comply with provisions of the C-2 Zone. Specifically, each lot will meet or exceed  MINUTES OF COUNCIL STUDY MEETING – JUNE 28, 2022 -9- 20,000 square feet which is the base minimum of the C-2 Zone. A master easement agreement is in place to manage services provided by GHID as well as storm water. Both lots will continue to abide by provisions of those agreements. Mayor Lang asked if these are considered multi-tenant buildings. Steve replied yes and noted that they differ from a strip mall because they are part of an overall shopping center. Mayor Lang asked if the City contributed money to the mall. Mark Nord, EO, replied that the City contributed $100,000 to assist with re-development of the plaza. He noted that this subdivision application is a formality to further help negotiations for purchase of the property. Councilmember Huynh asked if negotiations seem to be coming along well. Mark replied yes and noted that the City wants to ensure that any purchaser has the drive to match the City’s vision of Fairbourne Station. Mark described the process and the goals moving forward. The City Council will consider Applications SMI-3-2022 and SMI-4-2022 at the Regular Council Meeting scheduled July 5, 2022 at 6:30 P.M. COMMUNICATIONS A. CODE ENFORCEMENT PROCESS Layne Morris, CPD Director, presented a PowerPoint presentation summarized as follows: - Two tracks o Notice of Violation  Courtesy Notice  Formal notice listing the code violation (s)  10 days to correct and request an inspection or appeal  11th day, the fine begins at $25 per violation per day. Submitted to ACE Court for prosecution.  Court Hearing and Judge’s decision  Potential abatement  Fines submitted to Bonneville, fees to S.L County  10 days to appeal feels o Administrative Citation  Warning citation  Formal notice listing the code violation  Level 1 citation- $100 per violation  Level 2 citation- $200 per violation  Level 3 citation- $400 violation  10 days to appeal  MINUTES OF COUNCIL STUDY MEETING – JUNE 28, 2022 -10-  Submitted to Bonneville - Courtesy Notice o Well-maintained neighborhoods promote community pride, reduce crime, and increase property value. To help neighborhoods meet this objective, the West Valley City Code Enforcement Division notifies property owners of problems related to their property. The following list describes some of the more frequent violations found in the City. Please review the list and take action necessary to bring your property into compliance with the checked items, as well as all the other ordinances listed: o An officer will check your property after ____________. Properties not in compliance are subject to further action, including fines. Thank you in advance for your assistance in resolving this matter. If you have any questions, please call the Code Enforcement Division at ________ and we will be happy to discuss this matter with you. Councilmember Huynh asked if the City has seen an increase in people using artificial sod. Layne replied that during the pandemic, residents really took time to maintain their yards and that seems to be dissipating. He indicated that the City is viewing trends regularly. Councilmember Lang asked if the City is ticketing people with yellow lawns given the drought and heat. Layne replied that Code Enforcement officers are not taking action on yellow lawns alone but will take action if the lawns are dead with weeds and you are able to see dirt. He noted that the primary focus is ensuring properties are clean and clutter free. Upon inquiry, Layne described the two tracks and how they are approached. The Mayor and Council had no further questions or concerns. B. MOBILE COMMAND CENTER TOUR The Mayor and City Council visited the parking lot to view the mobile command center. The Mayor and Council had no further questions or concerns. C. 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.  MINUTES OF COUNCIL STUDY MEETING – JUNE 28, 2022 -11- NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS Councilmember Harmon stated that he still needs Mayor Lang’s KPI response. Mayor Lang stated that the County is reinstating the application process for TRCC funding. She indicated that she would to see the City apply for funds to install Pickleball Courts in more neighborhoods. B. COUNCIL REPORTS COUNCILMEMBER CHRISTENSEN- UCCC Councilmember Christensen stated that he attended the Utah Symphony at the Cultural Celebration Center. He indicated that he didn’t see a lot of progress on the repair of the Chinese Gate and also noted that the amphitheater is still there and aging. MOTION TO ADJOURN Upon motion by Councilmember Huynh all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY JUNE 28, 2022 WAS ADJOURNED AT 5:31 PM BY MAYOR LANG. 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 28, 2022. _______________________________ Nichole Camac, CMC City Recorder