City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 10, 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 Lars Nordfelt, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 ABSENT: Don Christensen, Councilmember At-Large 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 Chris Beichner, Acting Fire Chief Russell Willardson, Public Works Director Layne Morris, CPD Director Jaime Young, Acting Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department Steve Pastorik, CED Jeff Jackson, CED OPENING CEREMONY Lars Nordfelt conducted the Opening Ceremony. He requested that members of the audience, City Staff, and the Council rise and recite the Pledge of Allegiance. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -2- 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. Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held September 3, 2019. Councilmember Buhler seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Marlow Springer stated that he missed the meeting when the apartment complex at Valley Fair Mall was discussed and approved. He stated that he is concerned about the amount of traffic that will generate from this development and referenced information related to the traffic study. He urged the Council to pay closer attention to this. Mr. Springer stated that he is concerned about outside entities donating to campaigns. He encouraged the City to look at restricting campaign donations in the future to voters in the voting area. Mr. Springer stated that he is concerned about changes in the Development Agreement for the apartments at the Kmart property. He stated that the decrease of unit size is a concern as well as the removal of vaulted ceilings, etc. Darrell Curtis stated that he lives on 5600 West near Winco. He indicated that he has a concern about RM zoning in the City. He indicated that property managers change and multifamily properties go downhill. Mr. Curtis stated that he understands the need for higher density, but he would encourage more owner- occupied units like townhomes or condos. He stated that renting causes a reduction in the permeance of the community. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION SA-6-2019, FILED BY TERRY WRIGHT, REQUESTING FINAL PLAT APPROVAL FOR THE UTA-AGC MINOR SUBDIVISION- LOT 2 AMENDED LOCATED AT 2249 SOUTH 1070 WEST MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -3- Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 10, 2019 in order for the City Council to hear and consider public comments regarding application SA-6-2019, filed by Terry Wright, requesting Final Plat Approval for the UTA-AGC Minor Subdivision- Lot 2 Amended located at 2249 South 1070 West. Written documentation previously provided to the City Council included information as follows: Terry Wright, representing the Associated General Contractors, is requesting final plat approval for the amendment of lot 2 in the UTA-AGC Minor Subdivision. The property is located in the B/RP Zone and is presently vacant. The UTA-AGC Minor Subdivision was recorded in January 2009. The original subdivision consisted of 2 lots on 6.6 acres. The Associated General Contractors constructed their building shortly thereafter on lot 1. The existing building is used to train and educate contractors, engineers and other professionals in similar fields. Lot 2 was not developed, and portions were subsequently used by the Utah Transit Authority for the light rail corridor. The southern portion of lot 2 was absorbed by the actual light rail line. However, the north 1.5 acres was not needed by UTA and was recently sold to AGC. The Associated General Contractors would like to build a new building on the amended lot. The new building will primarily be used for construction skills training for carpenters, concrete finishers, operators and laborers. The amended plat consists of that portion of lot 2 that was not needed by UTA. While the amended plat does not include all of what was originally platted as lot 2, it does create a new lot that establishes correct property lines, easements etc. 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. 19-36, APPROVE THE AMENDMENT TO A PORTION OF LOT 2 UTA-AGC MINOR SUBDIVISION The City Council previously held a public hearing regarding proposed Ordinance 19-36 that would approve the amendment to a portion of Lot 2 UTA-AGC Minor Subdivision. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -4- 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 19-36. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-11-2019, FILED BY PETRA WINEGAR, REQUESTING A ZONE TEXT CHANGE TO AMEND THE CRITERIA FOUND IN SECTION 7-5-101 USED TO DETERMINE WHETHER A PROPERTY IS ELIGIBLE TO BE REZONED TO THE RM (MULTIPLE-UNIT DWELLING RESIDENTIAL) ZONE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 10, 2019 in order for the City Council to hear and consider public comments regarding application ZT-11-2019, filed by Petra Winegar, requesting a Zone Text Change to amend the criteria found in Section 7-5-101 used to determine whether a property is eligible to be rezoned to the RM (Multiple-Unit Dwelling Residential) Zone. Written documentation previously provided to the City Council included information as follows: Petra Winegar, representing Leroy Nguyen, has submitted a zone text change to amend the criteria found in Section 7-5-101 used to determine whether a property is eligible to be rezoned to the RM (Multiple-Unit Dwelling Residential) zone. On November 17, 2015, the City Council amended the zoning ordinance to only allow rezone applications to the RM zone under certain conditions. If the proposed ordinance change is approved, it would amend the first of these conditions to make properties that had structures before November 17, 2015 that have since been demolished now eligible to be rezoned to MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -5- the RM zone assuming they meet the other two conditions. The applicant, Petra Winegar, represents Leroy Nguyen, who owns two parcels at 2351 S and 2363 S Redwood Road. Over the last 15 years there have been 9 code enforcement cases on these parcels for a variety of issues including graffiti, inoperable vehicles, tall weeds, a lack of building maintenance, garbage, etc. The most recent citation was in July of this year. In 2010, the City approved a zone change on the property from A (agriculture, minimum lot size ½ acre) to C-2 (general commercial). The intended use at the time was a shopping center. In 2015, the Planning Commission approved a conditional use permit for a supermarket and car sales on the property. This permit has since expired as construction never commenced. In June of 2016, the owner demolished the two homes on the property. The Planning Commission asked about the number of demolition permits. Since the ordinance imposing the conditions became effective on 11/17/2015, staff looked at demolition permits from 2016 to 2018. During this time there were 70 demolition permits issued with most of the permits issued not being located on a major street. A copy of the permit report listing the demolition permits is included with this report. Mayor Bigelow opened the Public Hearing. Petra Winegar stated that the property owner has owned the land for 10 years but has been unable to do anything with it. She indicated the property owner decided to put it for sale and the interest has overwhelmingly been for owner occupied multi-family. Ms. Winegar stated that the property owner decided to demolish the unattractive homes that existed on the lots several years ago and by doing so, unknowingly eliminated the option to apply for the RM zone. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 19-37, AMEND SECTION 7-5-101 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND REGULATIONS GOVERNING THE REZONING OF REDEVELOPED PROPERTY The City Council previously held a public hearing regarding proposed Ordinance 19-37 that would amend Section 7-5-101 of the West Valley City Municipal Code to amend regulations governing the rezoning of redeveloped property. Councilmember Buhler stated that there is some unfortunate timing with the demolishing of the homes on the property. He indicated that the Council will be MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -6- considering a moratorium on RM zones and zone text changes next week which will give the Council the opportunity to consider the ordinance as a whole. Councilmember Buhler stated that he feels this should be continued and addressed as part of those conversations. Mayor Bigelow agreed and indicated that there have been several applications lately requesting zone text changes related to the RM zone as well as zone changes related to increasing density. He stated that now is a good time for the Council to look at existing ordinances to determine if changes are necessary. Mayor Bigelow stated that Salt Lake City is building up, but this is very different than what West Valley City can accommodate. He stated that he would support a continuance at this time but noted that this needs to be addressed in the near future. 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 continue Ordinance 19-37 to no date certain. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. Continued. RESOLUTION 19-117: AUTHORIZE THE EXECUTION OF AN AMENDMENT TO A DEVELOPMENT AGREEMENT WITH STAY WVC, LLC FOR PROPERTY LOCATED AT APPROXIMATELY 1776 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution that would authorize the execution of an amendment to a Development Agreement with Stay WVC, LLC for property located at approximately 1776 West 4100 South. Written documentation previously provided to the City Council included information as follows: In April of 2018, the City Council approved a zone change and development agreement for a commercial and residential project on the northwest corner of 4100 South and Redwood Road (formerly Kmart). Rich Day, representing Stay WVC, LLC is requesting an amendment to this agreement for the residential portion of the project. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -7- The provisions relating to the commercial portion of the property would remain unchanged. Below is a summary of the proposed changes to the development agreement:  Reducing the height of the apartment building from 7 to 6 floors  Changing the architecture of the apartment building to include ground level units  Reducing the number of townhome units by 3  Changing the architecture of the townhomes to compliment the apartment building  Increasing the area of the townhomes by going from 2 to 3 stories  Changing the unit mix and unit sizes in the apartment building to increase the variety of unit types and to include more 2 and 3 bedroom units  Changing the 5 upper floors from concrete to wood construction with added sound attenuation Councilmember Buhler noted that the property is currently zoned RM. He indicated that the question in this resolution is whether or not the Development Agreement should be amended. Councilmember Buhler stated that the applicant has requested continuance. 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 continue Resolution 19-117. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. Continued. RESOLUTION 19-118: APPROVE A CONTRACT WITH GREAT WESTERN INSTALLATIONS FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT AT PEACHWOOD PARK Mayor Bigelow discussed proposed Resolution 19-118 that would approve a Contract with Great Western Installations for the installation of Playground Equipment at Peachwood Park. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -8- Written documentation previously provided to the City Council included information as follows: The playground at Peachwood Park needs to be replaced, and a decision was made to create an inclusive play area for people of all abilities. West Valley City Parks & Recreation solicited funds and received $50,955.72 as a discount towards the installation of a customized, inclusive playground through Game Time play equipment. Their exclusive representative in Utah is Great Western Recreation. As Great Western Recreation is also identified on the state contract of approved vendors for the project, no bid process was needed. In 2018, a program mod totaling $150,000 for the replacement of the Peachwood Park playground was submitted. At 26 years of age, this is one of the oldest playgrounds in West Valley City and is in dire need of replacement. To assist with the overall cost of this project, a funding application was submitted to Game Time, a play equipment company. This funding application was awarded to West Valley City, which provided the discount needed to purchase a customized, inclusive playground for Peachwood Park. Additional funds are assisting with the cost of the inclusive ground turf through a grant received by the Family Fitness Center. Great Western Recreation is an exclusive representative in the State of Utah for Game Time and was identified from the state contract of approved vendors for the project. Councilmember Buhler stated the Council is likely in favor of moving toward this type of park in future but noted that there was conversation about whether this was the best location for it. He indicated that he trusts the judgment of the Parks and Recreation Department. Mayor Bigelow stated that he likes this type of park and wants to do more. He indicated he doesn’t want this discussion to end and would like to identify more accessible locations for this type of equipment. 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 19-118. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Mr. Buhler Yes MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -9- Mr. Huynh Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 19-119: AUTHORIZE THE EXECUTION OF A COST SHARING INTERLOCAL AGREEMENT BETWEEN WEST VALLEY CITY AND GRANGER-HUNTER IMPROVEMENT DISTRICT FOR THE RECONSTRUCTION OF 4100 SOUTH Mayor Bigelow discussed proposed Resolution 19-119 that would authorize the execution of a Cost Sharing Interlocal Agreement between West Valley City and Granger-Hunter Improvement District for the reconstruction of 4100 South. Written documentation previously provided to the City Council included information as follows: The city has been working with Granger Hunter Improvement District (the District) on a project to reconstruct 4100 South and replace certain water lines between Bangerter Highway and 5460 West for several years. On March 19, 2019, UDOT opened bids on the reconstruction project. Upon detailed review of the bid prices it became apparent that the contractor did not properly balance certain lump sum bid item costs between the City and the District to accurately reflect cost to each entity. Prior to award of the construction contract, city staff proposed to District staff to enter into an interlocal agreement to rebalance costs that were weighted heavier toward the City. With support from the District for certain cost sharing, the project was awarded, and construction is under way. Under this cost sharing contract, the District has agreed to pay $681,082.89 for the rebalancing of certain shared bid items. They also agree to pay an additional $86,604.53, which is their proportional share of the various public involvement efforts on the project. Total payment obligation to the city equals $767,687.42. Granger Hunter’s Board of Directors voted to approve the agreement on August 20, 2019. 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 19-119. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -10- Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 19-120: AUTHORIZE CHANGE ORDER NO. 1 TO THE CONTRACT WITH ACME CONSTRUCTION FOR THE MARKET STREET RECONSTRUCTION PROJECT Mayor Bigelow discussed proposed Resolution 19-120 that would authorize Change Order No. 1 to the Contract with Acme Construction for the Market Street Reconstruction Project. Written documentation previously provided to the City Council included information as follows: Market Street is being reconstructed as part of the Fairbourne Station redevelopment work, and a contract was previously awarded to Acme Construction. After a pre-excavation site visit, it was determined that the pavement removal limits on Lehman Avenue and Market Street should be increased to remove and replace damaged concrete pavement panels, adjust an existing storm drain box, along with some miscellaneous curb and gutter replacement. The value of this work exceeds the amount authorized for change orders in the resolution for the original project award. 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 19-120. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -11- Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 19-121: AWARD A CONTRACT TO ACME CONSTRUCTION, INC. FOR CONSTRUCTION OF THE 2700 WEST IMPROVEMENT PROJECT Mayor Bigelow discussed proposed Resolution 19-121 that would award a Contract to Acme Construction, Inc. for construction of the 2700 West Improvement Project. Written documentation previously provided to the City Council included information as follows: Bids were opened for the project on August 27, 2019. A total of seven (7) bids were received. The lowest responsible bidder was Acme Construction, Inc. The 2700 West Improvement Project will consist of new sidewalk, parkstrip, landscaping, street lighting and an 8-foot concrete wall along the west side of 2700 west between 4100 south and 3650 south. The project includes replacement of failing storm drain system components. The contract also includes an asphalt pavement overlay between 4100 south and 3500 south which will allow for buffered bike lanes to be added to the roadway. Acme Construction, Inc was the most responsive, lowest, qualified and responsible bidder. It is recommended that the project be awarded to Acme Construction, Inc. A portion of the funding required for this project ($1.5M) will be reimbursed to the city by Salt Lake County as part of the interlocal agreement executed in Council Resolution No. 17-186 with County Transportation Funds. 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 19-121. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Buhler Yes Mr. Huynh Yes Mr. Nordfelt Yes  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 10, 2019 -12- Mayor Bigelow Yes Unanimous. 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 REGULAR MEETING OF TUESDAY, SEPTEMBER 10, 2019 WAS ADJOURNED AT 7:13 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 10, 2019. _______________________________ Nichole Camac, CMC City Recorder