City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING MAY 25, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, MAY 25, 2021, AT 6:30 P.M. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE MEETING WAS HELD ELECTRONICALLY. THE FOLLOWING MEMBERS WERE PRESENT ELECTRONICALLY: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, 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 ELECTRONICALLY: Nicole Cottle, Acting City Manager Nichole Camac, City Recorder Eric Bunderson, City Attorney Jim Welch, Finance Director Robert Hamilton, Acting Police Chief John Evans, Fire Chief Russell Willardson, Public Works Director Steve Pastorik, CED Director Layne Morris, CPD Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director John Flores, HR Director INSIDE THE CITY VIDEO SERIES A video providing information about the Police Department was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 18, 2021 The Council considered the Minutes of the Regular Meeting held May 18, 2021. There were no changes, corrections or deletions. Councilmember Christensen moved to approve the Minutes of the Regular Meeting held May 18, 2021. Councilmember Lang seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING MAY 25, 2021 -2- A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Holly Sweeten indicated that she represents Congressman Burgess Owens who sends his regards. She indicated that Congressman Owens and his team are here to serve the residents of the City. Congressman Owens is honored to attend and participate in the groundbreaking for the Guardians of Freedom memorial scheduled next week. She indicated she will provide her email address to the Council so they can reach out with any questions or concerns and noted that her office is open for assisting residents as well. Jim Vesock stated that he enjoyed attending the re-grand opening at Parkway Park. He indicated he is looking forward to attending City Council meetings in person next week. Mr. Vesock stated that he has been driving on 4100 South and enjoys the road but noted that speeding is a significant concern. Mr. Vesock noted that he will also be attending the Guardians of Freedom groundbreaking. B. CITY MANAGER COMMENTS Nicole Cottle, Acting City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. RESOLUTION 21-79: AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PENT-M REDWOOD ROAD, LLC FOR APPROXIMATELY 1.5 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3870 SOUTH REDWOOD ROAD Mayor Bigelow discussed proposed Resolution 21-79 that would authorize the City to enter into a Development Agreement with Pent-M Redwood Road, LLC for approximately 1.5 acres of property located at approximately 3870 South Redwood Road Written documentation previously provided to the City Council included information as follows: The Utah Legislature recently passed HB 98 that, among other things, removed cities’ ability to regulate most building design standards for townhomes where no development agreement exists. A portion of the Pent-M Redwood Road, LLC property at 3870 South Redwood Road is zoned RM (multiple unit dwelling residential) with a General Plan designation of mixed use which at this location includes general commercial and high density residential (12 to 20 units/acre). Townhomes are allowed in the RM zone.  MINUTES OF COUNCIL REGULAR MEETING MAY 25, 2021 -3- Given the recent adoption of HB 98, staff initiated a zone change on the Pent-M Redwood Road, LLC property as it would be able to be developed as townhomes without design standards once HB 98 becomes effective. After discussing the issue with the property owner, he is willing to enter into a development agreement to follow the City’s design standards. As such, City staff is dropping the Pent-M Redwood Road, LLC property from the zone change application. 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 21-79. 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. RESOLUTION 21-80: A RESOLUTION OF THE CITY COUNCIL OF WEST VALLEY CITY DECLARING ITS INTENTION TO REIMBURSE ITSELF FOR EXPENDITURES INCURRED IN CONNECTION WITH ROAD IMPROVEMENTS WITH PROCEEDS OF BONDS THAT IT INTENDS TO ISSUE; AND RELATED MATTERS Mayor Bigelow discussed proposed Resolution 21-80 that is a resolution of the City Council of West Valley City declaring its intention to reimburse itself for expenditures incurred in connection with road improvements with proceeds of bonds that it intends to issue; and related matters. Written documentation previously provided to the City Council included information as follows: The City plans to issue Bonds for transportation projects within the city. A portion of the proceeds of the bonds will be used to reimburse itself for expenditures  MINUTES OF COUNCIL REGULAR MEETING MAY 25, 2021 -4- incurred by the City relating to the projects and incurred prior to the date of issuance of the bonds. West Valley City has determined that it is in the best interest to issue bonds in the approximate amount of $18,000,000 for the purpose of financing road improvements and all related expenses and to use portion of the proceeds of the bonds to reimburse itself for expenditures already incurred. The bonds are intended to be repaid from funds received from the First Class County Highway Road Fund which will distribute funds annually to 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 Lang moved to approve Resolution 21-80. Councilmember Huynh 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 No Majority. RESOLUTION 21-81: AWARD A CONTRACT TO MC GREEN AND SONS, INC. FOR THE CONSTRUCTION OF THE BEAGLEY ROAD AND 5900 WEST ROADWAY EXTENSION PROJECT Mayor Bigelow discussed proposed Resolution 21-81 that would award a Contract to MC Green and Sons, Inc. for the construction of the Beagley Road and 5900 West Roadway Extension Project. Written documentation previously provided to the City Council included information as follows: Bids were opened for the project on May 11, 2021. A total of six (6) bids were received. Lowest responsible bid was received by MC Green & Sons, Inc, in the amount of $2,963,461.37.  MINUTES OF COUNCIL REGULAR MEETING MAY 25, 2021 -5- The City is constructing the next phase of 2540 South which will provide an east- west connection from 7200 West to 5600 West per the Major Street Plan. This phase includes the extension of Beagley Road (2540 South) from approximately 6100 West to 5900 West and the construction of 5900 West from 2540 South to 2400 South. The project includes concrete pavement, streetlights, storm drain and Magna Water District utility lines (culinary, secondary and sewer lines). The City will be reimbursed per an executed development agreement for the installation of the Magna Water District utilities. MC Green is a qualified contractor, capable of performing the work. The road is being funded through State and County transportation funds. It is anticipated that the road construction will be completed in the spring of 2022. 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 21-81. 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. RESOLUTION 21-82: APPROVE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE UTAH DEPARTMENT OF TRANSPORTATION FOR FUNDING FOR A PEDESTRIAN SAFETY PROJECT Mayor Bigelow discussed proposed Resolution 21-82 that would approve a Cooperative Agreement between the City and the Utah Department of Transportation for funding for a Pedestrian Safety Project. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING MAY 25, 2021 -6- The West Valley City Public Works Department applied for and received Utah State Safe Sidewalk funds to construct a new sidewalk on the north side of 3500 South; between 5174 West and 5200 West. The Safe Sidewalks Program provides a legislative funding source for construction of new sidewalks adjacent to state routes where sidewalks do not currently exist and where major construction or reconstruction of the route, at that location, is not planned for ten or more years. State funds allocated to the project will total $99,500, with a local match of $66,000 for a total cost of $165,500. The project will close a gap of existing sidewalk on 3500 South at the signalized intersection of 5200 West. 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 Resolution 21-82. Councilmember Fitisemanu 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. CONSENT AGENDA A. RESOLUTION 21-83: AUTHORIZE THE CITY TO APPROVE A DELAY AGREEMENT WITH KELEZ COTTONWOOD HEIGHTS, LLC TO DELAY CERTAIN IMPROVEMENTS AT 6644 WEST 2100 SOUTH Mayor Bigelow discussed proposed Resolution 21-83 that would authorize the City to approve a Delay Agreement with Kelez Cottonwood Heights, LLC to delay certain improvements at 6644 West 2100 South. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING MAY 25, 2021 -7- Kelez Cottonwood Heights, LLC has requested to delay the installation of off-site improvements on the SR-201 North Frontage Road at 6644 W 2100 S as required by ordinance for their proposed site improvements. Off-site improvements include the installation of curb, gutter, and sidewalk, asphalt pavement widening and streetlights. Presently, there are no adjoining roadway improvements along this property. Postponing the construction of the required improvements would allow time for additional development to provide similar adjoining improvements and would eliminate the creation of drainage problems. B. RESOLUTION 21-84: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM MEGAN KIRTH FOR PROPERTY LOCATED AT 4317 SOUTH STAFFORD Mayor Bigelow discussed proposed Resolution 21-84 that would authorize the City to enter into an Easement Purchase Agreement and accept a Perpetual Easement and a Temporary Construction Easement with and from Megan Kirth for property located at 4317 South Stafford. Written documentation previously provided to the City Council included information as follows: This portion of the Megan Kirth parcel located at 4317 S. Stafford Way is being acquired as part of the 2700 West Improvement Project Phase 2, scheduled to be constructed in 2021. This project will include construction of sidewalk, textured colored concrete parkstrip, street trees, and decorative street lighting along the west side of Constitution Boulevard (2700 West) from 4100 South to 4700 South. The project will also include an eight-foot tall decorative concrete post and panel wall along those properties with backyards facing Constitution Boulevard. The acquisition from Megan Kirth includes a Perpetual Easement for the wall and a Temporary Construction Easement. Compensation in the amount of $4,000.00 is based upon the Appraisal Report prepared by the Fortis Group LLC. 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 items on the Consent Agenda. Councilmember Christensen seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING MAY 25, 2021 -8- 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 Lang all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, MAY 25, 2021 WAS ADJOURNED AT 6:53 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, May 25, 2021. _______________________________ Nichole Camac, CMC City Recorder