City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 3, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 3, 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 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne T Pyle, City Manager Nichole Camac, City Recorder Paul Isaac, Assistant City Manager/ HR Director Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Jim Welch, Finance Director Colleen Jacobs, Police Chief John Evans, Fire Chief Dan Johnson, Acting 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 Karen Lang conducted the Opening Ceremony. She asked Scout Troop 646 to conduct a flag ceremony. The Mayor and City Council, audience, and City Staff rose and recited the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD SEPTEMBER 3, 2019 The Council considered the Minutes of the Regular Meeting held September 3, 2019. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 3, 2019 -2- Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held September 3, 2019. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. AWARDS, CEREMONIES, AND PROCLAMATIONS A. RECOGNITION OF MAXTEC BY CONGRESSMAN MCADAMS FOR PRESIDENTIAL "E" AWARD Congressman McAdams presented an award to a representative of Maxtec. He explained that the President’s “E” award recognizes persons, firms, or organizations who contribute to increasing U.S. exports. The award’s history stretches back to WWII when “E” pennant flags were flown by businesses who played important production roles during the war. President Kennedy brought back the “E” symbol to recognize those businesses who were contributing significantly to the nation’s exports. B. EMPLOYEE OF THE MONTH AWARD, SEPTEMBER 2019- ALEXA BATY, POLICE DEPARTMENT Mayor Bigelow read the nomination of Alexa Baty, Police Department, to receive Employee of the Month Award for September 2019. The award reads as follows: On October 22, 2018, Alexa was assigned a late report sex offense that started off with one victim. Throughout her investigation she was able to identify, contact, and interview several other victims located throughout the State and Country who had been dealing with the trauma caused by this individual. Ultimately, Alexa was able to charge the suspect with multiple felonies that had gone unpunished for over 30 years and she was able to finally bring justice for the victims. Alexa’s hard, diligent work in this case is a shining example of what can be accomplished by dedicated professionals and her contribution to the residents of West Valley City is greatly appreciated. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock stated he would like to know what the status of an update to Code Enforcement notification procedures. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 3, 2019 -3- Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION SA-4-2019, FILED BY STEVE LAYTON, REQUESTING FINAL PLAT APPROVAL FOR THE 201 COMMERCE CENTER SUBDIVISION NO. 4 (AMENDING PARCEL B 201 COMMERCE CENTER SUBDIVISION NO. 2) FOR PROPERTY LOCATED AT 2300 SOUTH COMMERCE CENTER DRIVE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 3, 2019, in order for the City Council to hear and consider public comments regarding application SA-4-2019, filed by Steve Layton, requesting Final Plat Approval for the 201 Commerce Center Subdivision No. 4 (Amending Parcel B 201 Commerce Center Subdivision No. 2) for property located at 2300 South Commerce Center Drive. Written documentation previously provided to the City Council included information as follows: Steve Layton, representing DLM Development, is requesting final plat approval for the 201 Commerce Center Subdivision No. 4. This application will amend Parcel B of the 201 Commerce Center Subdivision No. 2 recorded in April 2013. The subject property is presently vacant and is located in the manufacturing zone. The proposed amended subdivision is being requested in order to divide the existing parcel into 1 lot with a remainder parcel. Lot 1 will be approximately 12 acres with the remainder parcel comprising approximately 33 acres. Access to the subdivision will be gained from Commerce Center Drive and from a new right-of-way having a coordinate of 2250 South. The street name for the new road is being coordinated with the County at this time. Commerce Center Drive provides connections with Links Drive to the south and with the 201 frontage road to the north. 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. 19-33, APPROVE THE AMENDMENT OF PARCEL B 201 COMMERCE CENTER SUBDIVISION NO. 2 The City Council previously held a public hearing regarding proposed Ordinance 19-33 that would approve the amendment of Parcel B 201 Commerce Center  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 3, 2019 -4- Subdivision No. 2. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Lang moved to approve Ordinance 19-33. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION SA-5-2019, FILED BY BART WARNER, REQUESTING FINAL PLAT APPROVAL FOR THE WEST VALLEY TRUCK CENTER SUBDIVISION LOTS 13 AND 17A AMENDED LOCATED AT 5396 WEST 2400 SOUTH Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 3, 2019, in order for the City Council to hear and consider public comments regarding application SA-5-2019, filed by Bart Warner, requesting Final Plat Approval for the West Valley Truck Center Subdivision Lots 13 and 17A Amended located at 5396 West 2400 South. Written documentation previously provided to the City Council included information as follows: Bart Warner, representing TruckPro L.C., is requesting a plat amendment for lots 13 and 17A in the West Valley Truck Center Subdivision. The proposed subdivision is intended to adjust the mutual property line separating these lots. The amended subdivision plat will also modify the location of an existing public utility easement within these lots. The West Valley Truck Center Subdivision was recorded in 1998. The subdivision has been a great asset to the City and to businesses in the MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 3, 2019 -5- trucking industry. Lots platted in the original subdivision were to accommodate a variety of uses associated with the trucking industry. Although many of the original lots remain as platted, a few modifications have taken place over the years to accommodate changes within the subdivision and the trucking industry. The proposed change to lots 13 and 17A is relatively simple. The mutual property line separating these lots, along with the existing public utility easement, will move approximately 70 feet to the north. Lot 13 will decrease in size, but will maintain approximately 3.7 acres, while lot 17A will increase in size and will maintain just over 7 acres. The future business locating on lot 17A and currently under construction, has asked TruckPro for this modification. The increased lot size will provide for a better overall site design. The new lot 13A will continue to be used for overflow trailer parking for TruckPro. The existing public utility easement will be vacated and will be relocated along with the new property line. 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. 19-34, APPROVE THE AMENDMENT OF LOTS 13 AND 17A OF THE WEST VALLEY TRUCK CENTER SUBDIVISION The City Council previously held a public hearing regarding proposed Ordinance 19-34 that would approve the amendment of Lots 13 and 17A of the West Valley Truck Center Subdivision. 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 19-34. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 3, 2019 -6- Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. C. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-9-2019, FILED BY BROOKS ARNELL, REQUESTING A ZONE TEXT CHANGE TO ALLOW FAST FOOD ESTABLISHMENTS WITH DRIVE-UP WINDOWS WITHIN THE DECKER LAKE STATION OVERLAY ZONE UNDER CERTAIN CONDITIONS Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 3, 2019, in order for the City Council to hear and consider public comments regarding application ZT-9-2019, filed by Brooks Arnell, requesting a Zone Text Change to allow fast food establishments with drive-up windows within the Decker Lake Station Overlay Zone under certain conditions. Written documentation previously provided to the City Council included information as follows: Brooks Arnell with Arnell West is requesting a zone text change to allow fast food establishments with drive-up windows within the Decker Lake Station Overlay Zone under certain conditions. The proposed conditions are:  The view of the drive-through area from the Street shall be minimized through landscaping, berming and/or other screening.  The drive-up window shall be placed on the side or rear of the building.  The drive-up window shall comply with the drive-through windows standards in Section 7-11-315. The applicant’s justification for the requested change is: “The area has changed from an “entertainment district” to a more conventional commercial/business district. Hale Center Theatre, Carmike Cinemas and Wise Guys Comedy Club have all left the area. New ideas and concepts might help modernize and bring additional interest to the area. West Valley City has already opened the door for this change by allowing Beans and Brew a drive- up window. It would be fair to extend this option to other property owners in the overlay zone.” MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 3, 2019 -7- The Decker Lake Station Overlay Zone, formerly called the Commercial Overlay Zone, was first adopted in 1996 when the area around the Maverik Center was beginning to develop. While this overlay zone has been amended several times since 1996, the prohibition on fast food establishments with drive- up windows has been in place since 1996. If approved, this change would apply to all property within the Decker Lake Station Overlay Zone. However, the parcels that would most likely be impacted by this change would be the vacant parcel just north of the Arnell West building, the former Chili’s building that is currently up for sale, and the vacant property on the northwest corner of Decker Lake Drive and 3100 South. 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. 19-35, AMEND SECTIONS 7-6-301, 7-14-103, AND 7-14-404 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND REGULATIONS GOVERNING FAST FOOD RESTAURANTS IN CERTAIN AREAS WITHIN THE CITY The City Council previously held a public hearing regarding proposed Ordinance 19-35 that would amend Sections 7-6-301, 7-14-103, and 7-14-404 of the West Valley City Municipal Code to amend regulations governing fast food restaurants in certain areas within the City. 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 deny Ordinance 19-35. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. Denied.  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 3, 2019 -8- RESOLUTION 19-115: APPROVE THE PURCHASE OF AUDIOVISUAL EQUIPMENT FROM TECHNOLOGY PROVIDERS, INC. FOR USE AT THE UTAH CULTURAL CELEBRATION CENTER Mayor Bigelow discussed proposed Resolution 19-115 that would approve the purchase of audiovisual equipment from Technology Providers, Inc. for use at the Utah Cultural Celebration Center. Written documentation previously provided to the City Council included information as follows: With the increased use of the Utah Cultural Celebration Center, and it having not had a major Audio/Visual update in the original areas of the facility, the current equipment is outdated and worn out. These areas are still being used frequently but the technology is dated and does not interface with the new A/V that was installed when the basement was finished. In an effort to update the technology and match the system that is currently being used, we have secured a state contract bid from Technology Providers, Inc. This system will match the existing system that is used in the facility and allow us to maximize use of the facility. 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 19-115. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Huynh, all voted in favor to adjourn.  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 3, 2019 -9- THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, SEPTEMBER 3, 2019 WAS ADJOURNED AT 6:56 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, September 3, 2019. _______________________________ Nichole Camac, CMC City Recorder