Proceedings of the Midvale City Council Meeting
May 6, 2014
/ 655 West Center StreetMidvale, UT 84047
Phone (801) 567-7200
Fax (801) 567-0518
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MIDVALECITY
REGULAR COUNCILMEETING MINUTES
May 06, 2014
MAYOR: / JoAnn B. Seghini
COUNCIL MEMBERS: / Councilmember Stephen Brown
Councilmember Paul Glover
Councilmember Robert Hale
Councilmember Paul Hunt
Councilmember Wayne Sharp
STAFF: / Kane Loader, City Manager; Phillip Hill, Asst. City Manager/CD Director; Laurie Harvey, Asst. City Manager, Admin. Services Director; Rori Andreason, H.R. Director/City Recorder; Craig Hall, City Attorney; Chief Tony Mason, UPD Midvale Precinct; Chief Stephen Higgs, UFA; Danny Walz, Redevelopment Director; and Jarin Blackham, IT Manager.
Mayor Seghini Called the meeting to order at 6:30 p.m.
I. / DEPARTMENT REPORTSChief Mason had nothing.
Chief Higgs had nothing. Councilmember Stephen Brown said the fire school was great.
Laurie Harvey said she sent out the April financials. She reviewed the revenues and expenditures. She said sales tax was 14% above last year for April andaveraging 10% above last year. She received notification from Standards and Poors after reviewof the City’s bond rating raising it from A+ to AA- . They would like the City to look into a financial plan. She reported that Lewis Young should have the results of their study of the Good Landlord Program in mid to late June.
Phillip Hill said there are a few meetings scheduled with UDOT this week. He discussed closure of 7200 South and public outreach that will be taking place. A project manager for 7200 South project has been chosen. He said he will be working on an RFP for theGeneral Plan update which he will bringto the Council to see if there is anything additional they would like to be included. He said he is meeting with EPA and the Environmental Consultants for the Superfund Sites regarding the delisting ofBingham Junction. He updated the Council on the main park construction.
Danny Walz updated the Council on the new City Hall construction. He said a time capsule will be placed in the new building with a plaque in frontof it. He reviewedthe language on the plaque in which he added former Councilmember Colleen Costello since she was part of the decisions. The Council agreed.
Rori Andreason updated the Council on changes to the janitorial service.
Craig Hall discussed the Sandy City lawsuit regarding panhandling. He said yesterday the Supreme Court issued an opinion regarding prayer in City Council meetings.
II. / CITY MANAGER BUSINESS
Kane Loader said he will be talking more about the Macquarie proposal next week but will be glad to discuss that issue with the Council at any time.
III. / GENERAL BUSINESS
A. / WELCOME AND PLEDGE OF ALLEGIANCE
B. / ROLL CALL
IV. / PUBLIC COMMENTS
James Parr,NonprofitBBQ Association, said they would like to hold a BBQ contest atthe MidvaleCity Park over the Days of 47 Celebrations. The dates would be July 23rd throughJuly 26th. He said they have partnered with different local companies and teamed up with one of the nation’s largest BBQ promoters. There will be BBQ competitions, public entertainment, and a movie in the park. They will also providea BBQ cooking class.
Kane Loader said there is one date conflict with theArts Council holding a blue grass festival but they are willing to combine that with theBBQAssociation event.He discussed the possibility of partnering with Bohemian and Hoppers to include a three day beer fest maybe next year.He asked if Council would be interested in having this event each year.
The Council agreed.
V. / COUNCIL REPORTS
A. / Councilmember Paul Glover – said he was interested in the Supreme Court ruling on prayer and would like to have prayers in the Council meetings.
B. / Councilmember Paul Hunt – said his neighbors expressed gratitude for the maintenance of the sidewalks. He asked when the bases will be put on the new street lights that say Midvale City.
Phillip Hill said the residential neighborhoods do not have the bases that say Midvale City.
Councilmember Hunt said there is one by his house. Phillip Hill said that was never supposed to happen and he will check into it.
C. / Councilmember Robert Hale – said he enjoyed the MacQuarie public/private meeting last week at West Valley City.
D. / Councilmember Wayne Sharp – said there were about 5000 people at the park during Cinco de Mayo and the officers had very little problems. He said it was very impressive. He said he was concerned with all the sidewalk replacement that is taking place and how the City is paying for it.
E. / Councilmember Stephen Brown – said the Community Council is seeking applicants for the Youth Ambassador for next year. The applications are available on the Midvale City website under Community Council. Candy Tippets is in charge of this program. He was unaware of a deadline for the applications at this point.
VI. / MAYOR REPORT
A. / Mayor JoAnn B. Seghini – said she went to the DARE Graduation at the East Elementary school and it was beautifully done and more dignified than in past years. She said six people came up to her and thanked her for their street lights. She thanked Phillip Hill for his efforts on the street lights.
VII. / PUBLIC HEARING(S) - 7:00 PM
A. / CONSIDER A PRELIMINARY SUBDIVISION PLAT FOR STRATFORD 1 SUBDIVISION LOCATED AT 7460 SOUTH 410 EAST
MOTION: / Councilmember Paul Glover moved to open the public hearing. The motion was seconded by Councilmember Stephen Brown. Mayor Seghini called for discussion on the motion. There being none the Mayor called for a roll call vote.
Councilmember Stephen BrownAye
Councilmember Paul GloverAye
Councilmember Robert HaleAye
Councilmember Paul HuntAye
Councilmember Wayne SharpAye
This motion PASSED
Matt Hilderman said the applicant, Carl Allgrunn, is requesting approval to subdivide the property located at 7460 South 410 East into two lots in conjunction with a two-unit residential structure that was approved by the Planning Commission through the Conditional Use process. This subdivision would allow each unit within the two unit residential structure to be individually owned. This property includes approximately 9,042 square feet and has frontage on a recognized private lane (410 East). There is an existing concrete footing structure on the property that will be removed before the new structure is constructed.
The property is zoned SF-1 with a Duplex Overlay. This is a pre-existing lot that complies with most of the lot standards for the SF-1 zone district, specifically minimum lot area, width, and frontage along the east boundary fronting 410 East. The lot depth is smaller than what is required in this zone, however because this lot existed prior to this current standard, it is still considered a buildable lot. In addition, Section 17-7-1.14(C) of the Zoning Ordinance provides for a lot size exclusion in the Duplex Overlay for the division of property creating individual ownership of each side of a twin home structure. In this particular case, the proposed boundary that creates the two lots reflects the common wall between the two dwelling units within the proposed twin home structure, as provided for in Section 17-7-1.14 (C). The Subdivision Ordinance requires that 2-inch caliper deciduous street trees be planted with any new subdivision at a rate of one tree for every 30 feet of frontage. Based on this requirement, two street trees are required to be planted on Lot 1 and two trees are required to be planted on Lot 2. The Planning Commission conducted a public hearing on this preliminary subdivision plat on March 26, 2014. Based on compliance with the zoning and subdivision requirements of the SF-1 Zone District andthe Duplex Overlay, the Planning Commission forwarded a positive recommendation to the City Council to approve the Stratford 1 Subdivision plat with the following conditions:
1. The applicant shall prepare a final subdivision plat to be reviewed and approved by the City Engineer, Fire Marshall, and City Council
2. A note shall be added to the subdivision plat indicating that two, 2-inch caliper deciduous street trees be planted along 410 East on each lot or guaranteed by a cash bond prior to certificate of occupancy being issued for the units.
3. A note shall be added to the subdivision plat indicating that a two-unit residential structure with a common wall along the center lot line is required to be constructed on the property unless the subdivision plat is officially amended.
4. The applicant shall obtain duty to serve letters for water and sewer for the new lots prior to the subdivision plat being recorded.
5. The applicant shall provide evidence that a courtesy notice has been sent to Questar Gas, Rocky Mountain Power, Comcast Cable, Qwest Communications, and UTOPIA regarding the utility easements on the subdivision plat prior to final approval.
Mayor Seghini opened the public comment portion of the public hearing.
Richard Allred, 7417 South 410 East, said there is an unusual situation on 410 East since it is a private lane and there is only enough room for one vehicle at a time. If anyone has an event, people end up parking on other's property. If the trees are planted too close to the road, the residents of the street have to pave the road so that would be a concern. He said he hopes the trees are set back. He said his main concern is the number of cars on the lane and where they park if their driveway is full. It might be better to have a single dwelling instead of two. He asked how many feet are between the buildings to the property line.
Matt Hilderman reviewed setbacks. He said a variance was granted on this property in 2007 so the two units are allowed.
There was no one else present who desired to speak on this issue.
MOTION: / Councilmember Robert Hale moved to close the public hearing. The motion was seconded by Councilmember Paul Glover. Mayor Seghini called for discussion on the motion. There being none the Mayor called for a roll call vote.
Councilmember Stephen BrownAye
Councilmember Paul GloverAye
Councilmember Robert HaleAye
Councilmember Paul HuntAye
Councilmember Wayne SharpAye
This motion PASSED
ACTION: APPROVE A PRELIMINARY SUBDIVISION PLAT FOR STRATFORD 1 SUBDIVISION LOCATED AT 7460 SOUTH 410 EAST
MOTION: / Councilmember Paul Hunt moved to Approve the preliminary subdivision plat for Stratford 1 Subdivision located at 7460 South 410 East with the following conditions:
1. The applicant shall prepare a final subdivision plat to be reviewed and approved by the City Engineer, Fire Marshall, and City Council
2. A note shall be added to the subdivision plat indicating that two, 2-inch caliper deciduous street trees be planted along 410 East on each lot or guaranteed by a cash bond prior to certificate of occupancy being issued for the units.
3. A note shall be added to the subdivision plat indicating that a two-unit residential structure with a common wall along the center lot line is required to be constructed on the property unless the subdivision plat is officially amended.
4. The applicant shall obtain duty to serve letters for water and sewer for the new lots prior to the subdivision plat being recorded.
5. The applicant shall provide evidence that a courtesy notice has been sent to Questar Gas, Rocky Mountain Power, Comcast Cable, Qwest Communications, and UTOPIA regarding the utility easements on the subdivision plat prior to final approval.”
The motion was seconded by Councilmember Robert Hale. Mayor Seghini called for discussion on the motion. There being none the Mayor called for a roll call vote.
Councilmember Stephen BrownAye
Councilmember Paul GloverAye
Councilmember Robert HaleAye
Councilmember Paul HuntAye
Councilmember Wayne SharpAye
This motion PASSED
MOTION: / Councilmember Paul Glover moved to open a public hearing. The motion was seconded by Councilmember Paul Hunt. Mayor Seghini called for discussion on the motion. There being none the Mayor called for a roll call vote.
Councilmember Stephen BrownAye
Councilmember Paul GloverAye
Councilmember Robert HaleAye
Councilmember Paul HuntAye
Councilmember Wayne SharpAye
This motion PASSED
B. / CONSIDER A PRELIMINARY SUBDIVISION PLAT FOR MONTGOMERY PUD MASTER PLANNED DEVELOPMENT LOCATED AT 8000 SOUTH BETWEEN 359 WEST AND 427 WEST
Matt Hildermansaid on February 26, 2014, the Planning Commission approved a master planned development for an 11-unit single-family housing project located at 8000 South between 359 West and 427 West, excluding 399 West and is known as Montgomery PUD Master Planned Development. This property includes approximately 2.52 acres and is located within the SF-1 zone district. The preliminary subdivision plat is consistent with the approved preliminary site plan. The applicant will need to obtain approval of a final site plan from the Midvale City Staff. It is the intent of the residential developer, Kent Montgomery, to create a “for sale” housing product. In order to do this, a subdivision plat designating the individual single-family units, is required. The applicant is requesting approval of a Preliminary Subdivision Plat for the entire project. The final site plan for the project will need to be approved prior to the final subdivision plat approval.
These plats reflect the project boundary and the preliminary development layout approved by the Planning Commission in February as a master planned development. The plat provides for individual ownership of each single-family unit and adjacent yard space. The remainder of the property will be included in common areas, including the pedestrian sidewalks and private roads. The common areas will be owned and maintained by a homeowners association, with all individual owners having an equal ownership interest in the association and these areas. The declaration of covenants, conditions, and restrictions (CC&R’s) will specify the use and maintenance of the private and common areas and this document will need to be recorded concurrently with the final subdivision plat.
The Planning Commission reviewed this request and conducted the required public hearing on November 8, 2013 and on January 8, 2014. Following the public hearing, the Planning Commission moved to table this project requesting the applicant to address particular concerns. On February 26, 2014, the Planning Commission reviewed the revised proposal. The Planning Commission forwarded a positive recommendation to the City Council to approve the preliminary subdivision plat for Montgomery PUD Master Planned Development with the following conditions:
1. The applicant shall prepare a final subdivision plat to be reviewed and approved by the City Engineer and City Council.
2. The applicant shall obtain duty to serve letters for water and sewer for the new lots prior to the subdivision plat being recorded.
3. The applicant shall provide evidence that courtesy notice has been sent to Questar Gas, Utah Power, Comcast Cable, and Qwest Communications regarding the utility easements on the subdivision plat prior to final approval.
4. The applicant shall submit a declaration of covenants, conditions, and restrictions, including the creation of a homeowners association for the development. This document shall be recorded concurrently with the subdivision plat.
5. Prior to the subdivision plat being recorded, the applicant shall obtain final site plan approval for the master planned development.
Mayor Seghini opened the public comment portion of the public hearing.
LarryPatterson, 408 WestCornellDrive, said his concern was the structures are not placed to block the car lights from shining into the back of his house. He would like a house in front of the road so the lights do not shine in his house every night.
Councilmember Paul Glover asked if a solid fence is required for the development.Matt Hilderman said the developer is required to have a 6ft white vinyl fence.
Leesa Moll, 358 West Cornell Drive, said she has concerns about the property line fence. They will need to take down the property line fence and she has an autistic child that is a runner. She would need notice so she can make sure shelocks her son in the house. She is also concerned that the mice will go into their yards when the field is developed.
Kent Montgomery, owner and developer, said the fence issue was brought up in the Planning Commission meeting and he is more than willing to keep good contact with all the residents around the areain coordinating the timing of the fence and those types of issues. If a temporary fence is needed, hewould like to be able to put it on their lot until they can get the fence built. He said he would make sure it will not be a hazard.
Nathan Moore said he agreed with his neighbors and their concerns but this is a great project. He said it’s nice to see whatthe developer is doing and bringing to the neighborhood. He said he would like tothank thePlanning Commission for really listening to the concerns of the residents.
Kelly Cantrell, 408 WestCornellDrive, said she too is concerned about thecar lights. She said she also has dogsso she would appreciate good communication regarding the fence issue. She said vinyl fencing tends to deteriorate and break so she hopes it is maintained.