City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING JUNE 1, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, JUNE 1, 2021, 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 MEETING WAS ALSO HELD ELECTRONICALLY VIA ZOOM. . THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Don Christensen, Councilmember At-Large (electronic) Tom Huynh, Councilmember District 1(electronic) Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 ABSENT: Lars Nordfelt, Councilmember At-Large STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manger Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel (electronic) Eric Bunderson, City Attorney Jim Welch, Finance Director (electronic) Colleen Jacobs, Police Chief John Evans, Fire Chief Russell Willardson, Public Works Director (electronic) Steve Pastorik, CED Director Layne Morris, CPD Director (electronic) Nancy Day, Parks and Recreation Director (electronic) Sam Johnson, Strategic Communications Director John Flores, HR Director INSIDE THE CITY VIDEO SERIES A video providing information about the Veterans Memorial Wall was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 25, 2021 The Council considered the Minutes of the Regular Meeting held May 25, 2021. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING JUNE 1, 2021 -2- Councilmember Lang moved to approve the Minutes of the Regular Meeting held May , 2021. Councilmember Buhler seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Mike Rigdon stated that he is concerned about 4100 South. He stated Salt Lake City has large streets that are too fast and he would suggest 20 MPH as a safe speed. Mr. Rigdon stated that collisions at 20 MPH are safe. Mr. Rigdon indicated that 4100 South was approved by the Council and the speed limit will be posted at 40 MPH which is too fast and is unsafe. He indicated that noise and safety is a big concern here and he wants to see the big plan for this area. Mr. Rigdon stated that people need to drive like their children live along 4100 South. Jim Vesock stated that he feels the Mayor is doing a great job and noted that speed is an issue throughout the City. He indicated that he doesn’t know the solution but does hope to get the problem fixed. Mr. Vesock stated that the City’s blue cans are all contaminated and ACE does not pick up at City Hall anymore. He suggested removing recycling from the City and indicated that the average person doesn’t understand what is a contaminant. Mike Markham thanked Russ Willardson for a career with the City. He stated that Russ has always returned texts or email and has always treated him with respect. Mr. Markham stated that Russ has worked hard for the City. Mr. Markham stated that Mountain America is putting up vinyl fence and suggested a concrete wall instead. He encouraged the City to use Skaggs, recently moved into West alley City, for their uniform needs. Mr. Markham stated that every business needs a conditional use permit and those that don’t maintain landscaping should have their license revoke. He also asked that the Mayor look into programs, walls, etc. for mentally ill and disabled veterans. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Mayor Bigelow stated that he can’t make all changes himself as mayor, decisions cannot be unilateral in government. Councilmember Huynh suggested that programs for disabled veterans should be looked at.  MINUTES OF COUNCIL REGULAR MEETING JUNE 1, 2021 -3- PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING RE-OPENING THE FY 2020-2021 BUDGET Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled June 1, 2021, in order for the City Council to hear and consider public comments regarding re-opening the FY 2020-2021 Budget. Written documentation previously provided to the City Council included information as follows: State Statute Title 10, Chapter 6, Utah Code Annotated 1953, as amended, allows the City of West Valley to amend its budget during the year. The West Valley City holds public hearings on budget amendments on a quarterly basis each fiscal year. A Public Notice was posted May 20, 2021 in public view at City Hall, the Family Fitness Center and UCCC; also, posted on the Public Notice Website and West Valley City’s Website. Notice was given that a public hearing is to be held June 1, 2021 at 6:30 p.m. Mayor Bigelow opened the Public Hearing. Jim Vesock stated that he understands opening the budget for grants. He stated that purchasing new systems for Parks and Recreation or rotating vehicles should be in the budget already and not part of an opening. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 21-28, AMEND THE BUDGET OF WEST VALLEY CITY FOR THE FISCAL YEAR BEGINNING JULY 1, 2020 AND ENDING JUNE 30, 2021 TO REFLECT CHANGES IN THE BUDGET FROM INCREASED REVENUES AND AUTHORIZE THE DISBURSEMENT OF FUNDS The City Council previously held a public hearing regarding proposed Ordinance Ordinance 21-28 that would amend the Budget of West Valley City for the Fiscal Year beginning July 1, 2020 and ending June 30, 2021 to reflect changes in the budget from increased revenues and authorize the disbursement of funds. 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 21-28.  MINUTES OF COUNCIL REGULAR MEETING JUNE 1, 2021 -4- 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 N/A Mayor Bigelow Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-3-2021, FILED BY WEST VALLEY CITY, REQUESTING A ZONE TEXT CHANGE TO ENACT PART 17-2-1200P REGULATING LODGING FACILITIES Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled June 1, 2021, in order for the City Council to hear and consider public comments regarding Application ZT-3-2021, filed by West Valley City, requesting a Zone Text Change to enact part 17-2-1200P regulating lodging facilities. Written documentation previously provided to the City Council included information as follows: The proposed ordinance change would prohibit lodging facilities from leasing more than half of their rooms to single entity for more than thirty days per calendar year. This change addresses two issues. First, lodging facilities are intended to provide short-term lodging for business and leisure travelers. Having a single entity reserve a majority of the rooms within a lodging facility for more than 30 days changes the nature of a lodging facility and precludes short-term lodging for business and leisure travelers. Second, having the majority of rooms within a lodging facility leased by a single entity for an extended period of time could lead to the lodging facility effectively becoming an apartment complex. With the exceptions of the Mixed Use and City Center zones, apartments and lodging facilities are not allowed in the same zone. Mayor Bigelow opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Bigelow closed the Public Hearing.  MINUTES OF COUNCIL REGULAR MEETING JUNE 1, 2021 -5- ACTION: ORDINANCE NO. 21-29, ENACT PART 17-2-1200P REGULATING LODGING FACILITIES The City Council previously held a public hearing regarding proposed Ordinance Ordinance 21-28 that would enact Part 17-2-1200P regulating lodging facilities. 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 21-29. 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 N/A Mayor Bigelow Yes Unanimous. C. ACCEPT PUBLIC COMMENT REGARDING APPLICATION GPZ-4-2021, FILED BY WEST VALLEY CITY, REQUESTING AMENDMENTS TO THE GENERAL PLAN AND REZONING OF CERTAIN PROPERTIES IN WEST VALLEY CITY Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled June 1, 2021, in order for the City Council to hear and consider public comments regarding application GPZ-4-2021, filed by West Valley City, requesting amendments to the General Plan and rezoning of certain properties in West Valley City. 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 a one to two family dwelling or townhome where no development agreement exists. Most vacant properties in the City planned for residential use either MINUTES OF COUNCIL REGULAR MEETING JUNE 1, 2021 -6- have a development agreement that includes building design standards or they are within an agricultural zone where staff anticipates a development agreement upon a future zone change. The subject properties do not have a development agreement and are zoned R-1-6, R-1-8, R-1-12 or RM. The properties zoned R-1 could be developed as single unit dwellings without many of the City’s building design standards once HB 98 becomes effective. The properties zoned RM could be developed as townhomes without many of the City’s building design standards once HB 98 becomes effective. Staff’s original list of properties included the Sonrise Baptist Church parcel at 3550 S 4400 W which is zoned RM. Upon hearing about the proposed zone change, the owner agreed to a development agreement where any future multi-unit residential development would follow the City’s current design standards. This development agreement was approved by the City Council on April 13th. 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. 21-30, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM VARIOUS LAND USE DESIGNATIONS TO LARGE LOT RESIDENTIAL, LOW DENSITY RESIDENTIAL, OR NEIGHBORHOOD COMMERCIAL FOR PROPERTY LOCATED AT VARIOUS LOCATIONS The City Council previously held a public hearing regarding proposed Ordinance Ordinance 21-30 that would amend the General Plan to show a change of land use from various land use designations to Large Lot Residential, Low Density Residential, or Neighborhood Commercial for property located at various locations. 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 21-30- Option 2. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes  MINUTES OF COUNCIL REGULAR MEETING JUNE 1, 2021 -7- Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt N/A Mayor Bigelow Yes Unanimous. ACTION: ORDINANCE NO. 21-31, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT VARIOUS LOCATIONS FROM VARIOUS ZONES TO ZONE 'A' OR 'C-1' The City Council previously held a public hearing regarding proposed Ordinance Ordinance 21-31 that would amend the Zoning Map to show a change of Zone for property located at various locations from various zones to zone 'A' or 'C-1'. 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 21-31-Option 2. 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 N/A Mayor Bigelow Yes Unanimous. CONSENT AGENDA SCHEDULED FOR JUNE 1, 2021 A. RESOLUTION 21-85: AUTHORIZE THE CITY TO APPROVE A DELAY AGREEMENT WITH TR WEST VALLEY, LLC TO DELAY CERTAIN IMPROVEMENTS AT 6862 WEST 2100 SOUTH Mayor Bigelow discussed proposed Resolution 21-85 that would authorize the City to approve a Delay Agreement with TR West Valley, LLC to delay certain improvements at 6862 West 2100 South. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING JUNE 1, 2021 -8- TR West Valley, LLC has requested to delay the installation of off-site improvements on the SR-201 North Frontage Road at 6862 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 21-86: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED, A PERPETUAL EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM THE DONNA RAE HOGAN FAMILY TRUST FOR PROPERTY LOCATED AT 2717 WEST BEDFORD ROAD Mayor Bigelow discussed proposed Resolution 21-86 that would authorize the City to enter into a Right of Way Purchase Agreement and accept a Warranty Deed, a Perpetual Easement, and a Temporary Construction Easement with and from the Donna Rae Hogan Family Trust for Property Located at 2717 West Bedford Road. Written documentation previously provided to the City Council included information as follows: This portion of the Donna Rae Hogan Family Trust parcel located at 2717 W. Bedford Road is being acquired as part of the 2700 West Improvement Project Phase 2, scheduled to be constructed in 2020. 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 the Donna Rae Hogan Family Trust includes a Warranty Deed for 44 square feet of land, a Perpetual Easement for the wall and a Temporary Construction Easement. Compensation in the amount of $6,000.00 was negotiated based upon the Appraisal Report prepared by the Fortis Group LLC which indicated a value of $5,400.00. C. RESOLUTION 21-87: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM STAFFORD PROPERTIES, LLC FOR PROPERTY MINUTES OF COUNCIL REGULAR MEETING JUNE 1, 2021 -9- LOCATED AT 4323 SOUTH STAFFORD WAY Mayor Bigelow discussed proposed Resolution 21-87 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 Stafford Properties, LLC for property located at 4323 South Stafford Way. Written documentation previously provided to the City Council included information as follows: This portion of the Stafford Properties, LLC parcel located at 4323 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 Stafford Properties, LLC includes a Perpetual Easement for the wall and a Temporary Construction Easement. Compensation in the amount of $7,100.00 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 Fitisemanu moved to approve items on the Consent Agenda. 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 N/A Mayor Bigelow Yes Unanimous.  MINUTES OF COUNCIL REGULAR MEETING JUNE 1, 2021 -10- 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, JUNE 1, 2021 WAS ADJOURNED AT 7:08 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, June 1, 2021. _______________________________ Nichole Camac, CMC City Recorder