City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, AUGUST 20, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Don Christensen, Councilmember At-Large Lars Nordfelt, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 ABSENT: Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Paul Isaac, Acting City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Jim Welch, Finance Director Colleen Jacobs, Police Chief John Evans, Fire Chief Russell Willardson, Public Works Director Layne Morris, CPD Director Jason Erekson, Acting Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department OPENING CEREMONY Tom Huynh conducted the Opening Ceremony. He shared a personal story of his family, growing up in a refugee camp, and being adopted by a hard-working foster family. He expressed his gratitude for his experiences and for his role as a Councilmember. Mr. Huynh’s foster father shared an Irish Poem. He also offered a prayer. APPROVAL OF MINUTES OF REGULAR MEETING HELD AUGUST 13, 2019  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -2- The Council considered the Minutes of the Regular Meeting held August 13, 2019. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held August 13, 2019. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Steven Dean stated that he has lived in the City since 1987 and hasn’t appreciated the changes he has witnessed in the last few years. Mr. Dean indicated that he has issues with his neighbor who continually blasts music and has dealings with the Police. He indicated that he feels the neighbor antagonizes him intentionally and he is frustrated that the City cannot keep him in jail, fine him greater, or help in a more significant way. Jim Vesock stated that most citizens come to Council meetings because they want the opportunity to be heard. He indicated that they understand most issues won’t get resolved but added that the Council can make policy decisions. Mr. Vesock stated that there have been several citizens that have spoken out against 2 particular Code Enforcement employees. He indicated that he has spoken to a lot of people as a representative on the Clean and Beautiful Committee and he hands out pamphlets and contact information to citizens. Mr. Vesock indicated that residents are scared to speak up. He stated that residents want Code Enforcement to help their community but aren’t getting the response they need. Mr. Vesock stated that he was thrown out of an ACE Hearing, requested the recoding, and was frustrated to hear that he was potentially being discussed. Mike Markham stated that he is concerned about the new proposed apartment complex by Costco. He stated that he doesn’t feel there is enough parking and this is a significant issue. Mr. Markham stated code enforcement needs more bite and indicated that the City needs to stop coddling people who cause problems. Marlow Springer stated that he agrees that there are neighborhoods that are not being taken care of and Code Enforcement needs to respond better to resident concerns. He indicated that he spent many hours pushing for West Valley to become a City and would like more support in his neighborhood. B. CITY MANAGER COMMENTS Paul Isaac, Acting City Manager, had no comments.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -3- C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-3-2019, FILED BY JESSE JENSEN, REQUESTING A GENERAL PLAN CHANGE FROM LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL AND A ZONE CHANGE FROM R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) TO C-2 (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT 4612 WEST 3500 SOUTH Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 20, 2019, in order for the City Council to hear and consider public comments regarding application GPZ-3-2019, filed by Jesse Jensen, requesting a General Plan Change from low density residential to general commercial and a Zone Change from R-1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet) to C-2 (General Commercial) for property located at 4612 West 3500 South. Written documentation previously provided to the City Council included information as follows: The applicant is proposing to develop the property into a dermatologist office. According to the applicant, the building would be 1 story. The applicant has also indicated that he is willing to enter into a development agreement to restrict more intensive commercial uses. The Land Use Chapter of the General Plan includes five guiding principles. The third of these principles is: “Instead of rezoning more ground for retail, the City should encourage new retail development on existing vacant ground zoned commercial and on aging and/or underdeveloped retail areas.” While this application would allow more retail, staff believes the requested General Plan/zone change is appropriate for the reasons outlined below:  The applicant has agreed to development agreement restrictions on intensive commercial uses.  There are commercial uses across the street on the south side of 3500 South and to the west by roughly 300’ on the north side of 3500 South.  The subject property does not meet the criteria required to rezone a property to the RM (multiple unit dwelling residential) zone. MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -4-  The only access to the property is from 3500 South, meaning there would be no direct traffic impacts to the neighboring residential.  Along 3500 South, property is predominantly zoned C-2 between 5000 West and the City’s eastern boundary.  Given the limited size and width of the subject property, the most likely development under the existing zone would be a three lot subdivision with two of the lots being flag lots. Mayor Bigelow opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 19-23, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM LOW DENSITY RESIDENTIAL (3 TO 4 UNITS/ACRE) TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT 4612 WEST 3500 SOUTH ON 1 ACRE The City Council previously held a public hearing regarding proposed Ordinance 19-23 that would amend the General Plan to show a change of land use from low density residential (3 to 4 Units/Acre) to general commercial for property located at 4612 West 3500 South on 1 Acre. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Ordinance 19-23. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ACTION: ORDINANCE NO. 19-24, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4612 WEST 3500 SOUTH FROM R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) TO C-2 (GENERAL COMMERCIAL) MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -5- The City Council previously held a public hearing regarding proposed Ordinance 19-24 that would amend the zoning map to show a change of zone for property located at 4612 West 3500 South from R-1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet) to C-2 (General Commercial). Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Ordinance 19-24. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ACTION: RESOLUTION NO. 19-98, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH JESSE JENSEN FOR APPROXIMATELY 1 ACRE OF PROPERTY LOCATED AT APPROXIMATELY 4612 WEST 3500 SOUTH Mayor Bigelow discussed proposed Resolution 19-98 that would authorize the City to enter into a Development Agreement with Jesse Jensen for approximately 1 Acre of property located at approximately 4612 West 3500 South. Written documentation previously provided to the City Council included information as follows: An application (GPZ-3-2019) was submitted by Jesse Jensen on 1.0 acre to change the zoning from R-1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 SF) to C-2 (General Commercial) and to change the General Plan from Low Density Residential (3 to 4 units/acre) to General Commercial. The Planning Commission recommended approval of the General Plan/zone change subject to a development agreement. The proposed development agreement limits the allowed uses to those allowed in the C-1 zone. The applicant requested C-2 zoning in this case  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -6- because C-1 zoning is not an option on this parcel due to the minimum C- 1 zone district size of 2 acres. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Resolution 19-98. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-1-2019 FILED BY STONEBROOK CONSTRUCTION DEVELOPMENT REQUESTING A ZONE CHANGE FROM A (AGRICULTURE) TO R-1-7 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 7,000 SQUARE FEET) FOR PROPERTY LOCATED AT 5340 WEST 3500 SOUTH ON 1.09 ACRES Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 20, 2019, in order for the City Council to hear and consider public comments regarding application Z-1-2019, filed by Stonebrook Construction Development, requesting a Zone Change from A (Agriculture) to R-1-7 (Single Unit Dwelling Residential, Minimum Lot Size 7,000 Square Feet) for property located at 5340 West 3500 South on 1.09 Acres. Written documentation previously provided to the City Council included information as follows: Stonebrook Construction Development has submitted a zone change application for a 1.09 acre parcel located at 5340 W 3500 S. The property is currently zoned A (agriculture, minimum lot size ½ acre) with a General Plan designation of mixed use, which at this location includes office and high density residential. The proposed zone is R-1-7 (single unit dwelling residential, minimum lot size 7,000 sq. ft.). The General Plan calls for a MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -7- mix of office and high density residential. Back in 2017 the applicant applied (Z-8-2017) to change the zoning on the property to RM (multiple unit dwelling residential) to development the property into townhomes. This application was denied by the City Council. The applicant is planning to subdivide the property into four lots, two of which would be flag lots. The existing home would remain. The attached concept plan and letter from the applicant provide details on the proposed project. While all of the lots are 8,000 sq. ft. or larger, the R-1-7 zone is requested because the two lots along 3500 S are just shy of the 80’ minimum lot width required in the R-1-8 zone. Mayor Bigelow opened the Public Hearing. Aaron Haaga stated that he is the developer and indicated he is here to answer questions. Mayor Bigelow stated that he doesn’t like flag lots. Mr. Haaga stated the proposed layout is conceptual and indicated that the actual development will likely be a circle or a hammerhead design. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 19-25, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 5340 WEST 3500 SOUTH FROM A (AGRICULTURE) TO R-1-7 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 7,000 SQUARE FEET) The City Council previously held a public hearing regarding proposed Ordinance 19-25 that would amend the zoning map to show a change of zone for property located at 5340 West 3500 South from A (Agriculture) to R-1-7 (Single Unit Dwelling Residential, Minimum Lot Size 7,000 Square Feet). Councilmember Buhler noted that this is approval for the zone and not the plat. He indicated that he does feel residential is appropriate in this area. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to approve Ordinance 19-25. Councilmember Christensen seconded the motion. MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -8- A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ACTION: RESOLUTION NO. 19-99, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH 5340 PRICETAG LLC FOR APPROXIMATELY 1.09 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 5340 WEST 3500 SOUTH Mayor Bigelow discussed proposed Resolution 19-99 that would authorize the City to enter into a Development Agreement with 5340 Pricetag LLC for approximately 1.09 acres of property located at approximately 5340 West 3500 South. Written documentation previously provided to the City Council included information as follows: Stonebrook Construction Development has submitted an application (Z-1- 2019) on 1.09 acres to change the zoning from A (agriculture, minimum lot size ½ acre) to R-1-7 (single unit dwelling residential, minimum lot size 7,000 sq. ft.). The Planning Commission recommended approval of the zone change subject to a development agreement. Below are the standards proposed in the development agreement: 1. The maximum number of homes shall be 4 including the existing home. 2. All new homes shall meet the requirements in Part 2 of Chapter 7- 11 of the West Valley City Zoning Ordinance. 3. All lots, including the lot for the existing home, shall comply with the landscaping standards in Sections 7-11-206 and 24-7-103 of West Valley City’s Municipal Code. 4. The improvements outlined in Section 7-2-117 of the City’s Zoning Ordinance shall be installed along the property’s frontage along 3500 South. 5. The developer shall dedicate right-of-way along 3500 South in accordance with the Major Street Plan, which shows the future right-of-way on 3500 South at 115’.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -9- 6. The existing home shall be improved in the following ways: a. All windows shall be replaced with new windows. b. The exterior of the home shall be repainted. c. A new, attached or detached 2 car garage shall be constructed. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to approve Resolution 19-99. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. C. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-8-2019, FILED BY WEST VALLEY CITY, REQUESTING A ZONE TEXT CHANGE TO DEFINE BOARDING HOMES AND TO ADD REGULATIONS FOR BOARDING HOMES AND DWELLING UNITS Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 20, 2019, in order for the City Council to hear and consider public comments regarding application ZT-8-2019, filed by West Valley City, requesting a Zone Text Change to define boarding homes and to add regulations for boarding homes and dwelling units. Written documentation previously provided to the City Council included information as follows: In recent years staff has seen more interest from property owners in constructing or remodeling buildings that are called single unit dwellings but tend to resemble boarding homes, duplexes or some other use. While it seems clear to staff that some other use is intended, the City’s codes as they relate to single unit dwellings aren’t, in staff’s opinion, always strong enough to clearly distinguish between these different uses. The purpose of MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -10- this ordinance revision is to better distinguish single unit dwellings from other uses like boarding homes and duplexes. Included with this report are examples of floor plans of proposed buildings that appear to be something other than a single unit dwelling. These plans feature one or more of the following characteristics: more than one kitchen; bathrooms with more than one toilet and/or shower; the majority of the space is reserved for bedrooms with little space is reserved for a living room, family room and/or den space; and the use of two or more doors in areas that would normally have only one door. To explain why this is a concern for staff, one need only look to the various zoning designations within the City to see the intent to have lower density residential areas that are distinct from areas for higher density residential and commercial. Allowing or ignoring uses like duplexes and boarding homes in areas zoned for single unit dwellings can lead to lower home ownership rates; taxed road networks, utilities and on-site parking; and fire hazards. Mayor Bigelow opened the Public Hearing. Bonnie Gomez stated that allowing boarding homes in single family zones does not create the problems that have been listed and described. She stated that many younger people do not want the responsibility of owning a home or cannot afford many typical living situations due to student loans or credit issues. Ms. Gomez providing detailed statistics of living situations from past generations to today and trends among young adults. She stated that renting a room in this type of scenario has led her to become a homeowner today and she encouraged this type of facility to be allowed through the City. Mike Markham stated that his home is a single-family dwelling in a single-family neighborhood and he bought it for this very reason. He stated that appreciates the effort of the City to limit the ability of single-family homes being converted to Boarding Houses. Mr. Markham stated that that parking is a significant concern and added that infrastructure wasn’t built to maintain this type of living situation. Jim Vesock agreed with Mr. Markham and added that the burden on the infrastructure is a concern. He indicated that he has sympathy for Ms. Gomez’ situation but it’s important to have rules and regulations. Mr. Vesock added that violators should have significant fines. Mayor Bigelow closed the Public Hearing.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -11- ACTION: ORDINANCE NO. 19-26, ENACT SECTION 7-2-126 AND AMEND SECTION 7-1-103, 7-6-201, 7-9-104, AND 17-1-108 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND REGULATIONS GOVERNING DWELLING UNITS The City Council previously held a public hearing regarding proposed Ordinance 19-26 that would enact section 7-2-126 and amend section 7-1-103, 7-6-201, 7-9- 104, and 17-1-108 of the West Valley City Municipal Code to amend regulations governing dwelling units. Councilmember Buhler stated that there is a concern regarding parking but there is also a concern regarding the burden on infrastructure and safety. He indicated that he appreciated Ms. Gomez’ data but homes have to be subdivided safely and to code. He stated that the ordinance doesn’t prohibit cohabiting, renting, or co- owning but simply regulates boarding homes to ensure they are livable and safe. Mayor Bigelow stated that West Valley City is a leader in affordable housing and added that there is a large number of various rental opportunities in the City as well. He stated that safety, quality of life, and infrastructure are all important in discussing boarding homes. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Ordinance 19-26. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ORDINANCE 19-27: AMEND SECTION 22-7-121 OF THE WEST VALLEY CITY MUNICIPAL CODE TO ADD 4700 SOUTH AND 3600 WEST AS HIGH VOLUME ROADWAYS Mayor Bigelow discussed proposed Ordinance 19-27 that would amend section 22-7-121  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -12- of the West Valley City Municipal Code to add 4700 South and 3600 West as High Volume Roadways. Written documentation previously provided to the City Council included information as follows: The proposed ordinance amends Section 22-7-121 of the West Valley City Municipal Code to designate 4700 South and 3600 West as a High Volume Roadways. Section 22-7-121 prohibits the exchange of money or property between individuals in motor vehicles and others on or within 10 feet of a “High Volume Roadway”. The City Council has previously regulated exchanges on certain high volume roadways in an effort to avoid vehicle-pedestrian collisions. Certain additional roadways are at higher risk of such collisions due to frequent access points, unpredictable vehicle movements, and extremely high traffic and pedestrian levels. This ordinance adds 4700 South and 3600 West as High Volume Roadways. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Huynh moved to approve Ordinance 19-27. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 19-100: AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN WEST VALLEY CITY AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR THE RECEIPT OF CERTAIN GRANT FUNDING Mayor Bigelow discussed proposed Resolution 19-100 that would authorize the execution of an Agreement between West Valley City and the Department of Environmental Quality for the receipt of certain grant funding.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -13- Written documentation previously provided to the City Council included information as follows: This resolution authorizes the City to accept the terms and conditions and grant agreement as provided by the Volkswagen Environmental Mitigation Trust and State Department of Environmental Quality. These terms and conditions outline the parameters that West Valley City must abide by in order to receive its grant money, and what terms it must abide by in regards to operation of EV Stations installed with said grant money. In November 2017, City staff was instructed to apply for the Volkswagen Environment Mitigation Trust Funding Assistance Grant, which would qualify the City for installation and equipment costs associated with installing Electric Vehicle Charging Stations. West Valley City has had its grant request approved by the Volkswagen Environmental Mitigation Trust and State Department of Environmental Quality, provided it agree to the terms and conditions they have sent to the City. These terms and conditions include that Stations must be intended for public use, operate for a minimum of five years, and abide by other rules and regulations put forward by the Grantees. Any changes in scope of pricing of bids also may be negotiated with the State if unforeseen conditions arise during the installation process. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to approve Resolution 19-100. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 19-101: APPROVE A COOPERATIVE AGREEMENT BETWEEN  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -14- THE CITY AND THE UTAH DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF 2550 SOUTH BETWEEN 5600 WEST AND 7200 WEST Mayor Bigelow discussed proposed Resolution 19-101 that would approve a Cooperative Agreement between the City and the Utah Department of Transportation for the design and construction of 2550 South between 5600 West and 7200 West. Written documentation previously provided to the City Council included information as follows: This agreement will transfer $500,000 from UDOT to West Valley City, for the purpose of design and construction of highway from 2550 South 5600 West to 7200 West. These funds will be used as partial funding for the 2540 South Roadway Extension. Pursuant to Utah Code Section 11-58-207(1) and with money designated in the Transportation Investment Fund, UDOT will provide funding for the design and construction of 2550 South from 5600 West to 7200 West. Salt Lake County will provide funds as well. This agreement is the mechanism for UDOT to pass these funds through to the City. As planned, these funds will be used in addition to sources already established with Utah Department of Transportation and Salt Lake County Transportation Funds for the 2540 South Roadway Extension Project. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Huynh moved to approve Resolution 19-101. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -15- CONSENT AGENDA A. RESOLUTION 19-102: AUTHORIZE THE CITY TO ACCEPT A SPECIAL WARRANTY DEED FROM THE CATHOLIC DIOCESE OF SALT LAKE CITY REAL ESTATE CORPORATION FOR PROPERTY LOCATED AT APPROXIMATELY 3580 WEST 3650 SOUTH Mayor Bigelow discussed proposed Resolution 19-102 that would authorize the City to accept a Special Warranty Deed from the Catholic Diocese of Salt Lake City Real Estate Corporation for property located at approximately 3580 West 3650 South. Written documentation previously provided to the City Council included information as follows: The Catholic Diocese of Salt Lake City Real Estate Corporation parcel located at 3580 West 3650 South (15-32-201-088-2000) is the site of Saints Peter and Paul Catholic Church. The church has recently submitted an application for approval of a parking lot expansion. During the review of the project it was discovered that a portion of the Lancer Way (3650 South) right-of-way had not previously been conveyed to the City. Lancer Way (3650 South) is designated as a 66-foot wide right-of-way (33-foot half width). Along the westerly portion of the church property only 30.45 feet had been previously been conveyed as public right-of-way, although improvements exist to the full width. As a condition of approval for the parking lot expansion, conveyance of the additional 2.55 feet of right-of- way on Lancer Way was required. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Resolution 19-102. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -16- NEW BUSINESS A. RESOLUTION 19-103: AUTHORIZE THE CITY TO ENTER INTO AMENDMENT NO. 1 TO THE AGREEMENT FOR DISPOSITION OF LAND FOR PRIVATE DEVELOPMENT Mayor Bigelow discussed proposed Resolution 19-103 that would authorize the City to enter into Amendment No. 1 to the Agreement for Disposition of Land for Private Development. Written documentation previously provided to the City Council included information as follows: The Office Tower is nearly complete and the Developer needs to finalize the financing for the remainder of the construction. The lender securing the final construction financing for the Office Tower requested an amendment to the ADL in order to allow assignments for financing purposes. This amendment shall allow the Developer to assign certain monetary rights under the ADL to the lender for additional loan collateral. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Resolution 19-103. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. B. RESOLUTION 19-104: AUTHORIZE THE CITY TO CONSENT TO ASSIGNMENT OF THE AGREEMENT FOR DISPOSITION OF LAND FOR PRIVATE DEVELOPMENT Mayor Bigelow discussed proposed Resolution 19-104 that would authorize the City to Consent to Assignment of the Agreement for Disposition of Land for Private Development.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -17- Written documentation previously provided to the City Council included information as follows: The Office Tower is nearly complete and the Developer needs to finalize the financing for the remainder of the construction. The lender securing the final construction financing for the Office Tower requested that certain Developer rights to revenue under the Agreement for Disposition of Land for Private Development (“ADL”), by and between the City, the Agency, and West Valley Land Holdings, LLC (“Developer”), be assigned for loan collateral purposes. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Resolution 19-104. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. C. RESOLUTION 19-105: AUTHORIZE THE CITY TO ENTER INTO A FIRST AMENDMENT TO THE PARKING STRUCTURE MANAGEMENT AND USE AGREEMENT Mayor Bigelow discussed proposed Resolution 19-105 that would authorize the City to enter into a First Amendment to the Parking Structure Management and Use Agreement. Written documentation previously provided to the City Council included information as follows: Parking for the Office Tower is located in the Parking Structure across Market Street. The lender securing the final construction financing for the Office Tower requested an amendment to the Parking Structure Management Agreement primarily to protect the Office Tower parking in the event of bankruptcy or foreclosure. This amendment adds provisions to  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -18- the Termination and Third Party Sale sections, as well as lengthens the Term. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to approve Resolution 19-105. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. D. RESOLUTION 19-106: AUTHORIZE THE CITY TO ENTER INTO A FIRST AMENDMENT TO THE PARKING STRUCTURE MANAGEMENT AND USE AGREEMENT Mayor Bigelow discussed proposed Resolution 19-106 that would approve the License for Use of West Valley City Right-of-Way at approximately 3550 South Market Street in West Valley City. Written documentation previously provided to the City Council included information as follows: The Council has previously approved a version of this Agreement. However, the lender securing the final financing for the completion of the Office Tower required additional provisions that materially changed the approved version enough that it could not be executed in accordance with the Resolution. Council approval of this revised Agreement is now necessary. The additional provisions extended the Term, changed the circumstances under which termination could occur (to provide the lender with protection in the event of bankruptcy and foreclosure), and extended the time for required removal of the Skybridge.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -19- Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Resolution 19-106. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. E. RESOLUTION 19-107: AUTHORIZE THE CITY TO APPROVE AGREEMENT FOR THIRD-PARTY APPROVALS Mayor Bigelow discussed proposed Resolution 19-107 that would authorize the City to approve Agreement for Third-Party Approvals. Written documentation previously provided to the City Council included information as follows: The Office Tower is nearly complete and the Developer needs to finalize the financing for the remainder of the construction. The lender securing the final construction financing for the Office Tower requested the City and the Municipal Building Authority’s consent to the assignment of certain rights under the Parking Structure Management Agreement and the Skybridge License Agreement for protection of Office Tower parking and access in the event of bankruptcy or foreclosure. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Resolution 19-107. Councilmember Huynh seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 20, 2019 -20- Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Christensen, all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, AUGUST 20, 2019 WAS ADJOURNED AT 7:50 P.M. BY MAYOR BIGELOW. I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Regular Meeting of the West Valley City Council held Tuesday, August 20, 2019. _______________________________ Nichole Camac, CMC City Recorder