City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING JULY 20, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, JULY 20, 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 Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 (electronically) Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel (electronically) Eric Bunderson, City Attorney Colleen Jacobs, Police Chief (electronically) John Evans, Fire Chief (electronically) Jim Welch, Finance Director (electronically) Steve Pastorik, CED Director Layne Morris, CPD Director (electronically) Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director Mark Nord, RDA Director (electronically) John Flores, HR Director Sam Johnson, Strategic Communications Director INSIDE THE CITY VIDEO SERIES A video providing information about the Police Department was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD JULY 13, 2021 The Council considered the Minutes of the Regular Meeting held July 13, 2021. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING JULY 20, 2021 -2- Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held July 13, 2021. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. PRESENTATIONS A. REPORT BY KAREN LANG OF A PROPOSED PROPERTY TAX INCREASE BY JORDAN VALLEY WATER CONSERVANCY DISTRICT FOR WATER SERVICES PURPOSES Councilmember Lang provided a report on a proposed property tax increase by the Jordan Valley Water Conservancy District for water services purposes. ACCEPT PUBLIC INPUT FROM THE PUBLIC AND/OR THE CITY COUNCIL REGARDING THE PROPOSED PROPERTY TAX INCREASE BY JORDAN VALLEY WATER CONSERVANCY DISTRICT There were no members of the public wishing to comment. Councilmember Buhler noted that this is a report by a separate taxing entity that is required by State Law to allow information to be further disseminated to the public. He indicated that the Council doesn’t vote or take action on this item. Councilmember Huynh asked what projects are being funded by the tax increase. Councilmember Lang replied expansion of the treatment plant, a new storage reservoir, and a new booster pump station. Councilmember Huynh asked if this tax increase applies to multiple cities. Councilmember Lang replied that it will apply to all those in the Jordan Valley Water District. Councilmember Huynh asked if this open public comment period will be conducted by all cities in the District. Councilmember Lang replied yes. Councilmember Huynh asked if it has been well received. Councilmember Lang replied that there have been no negative comments to her knowledge but this won’t be known for sure until the Public Hearing in August. Mayor Bigelow asked what areas Jordan Valley Water District covers. Councilmember Lang replied most of Salt Lake County with the exception of Salt Lake City, White City, and a few other areas. Councilmember Lang noted that water usage and conversancy currently have a good long-term outlook. COMMENT PERIOD A. PUBLIC COMMENTS MINUTES OF COUNCIL REGULAR MEETING JULY 20, 2021 -3- Colleen Brunson stated that she recently submitted a letter to the Council with concerns related to a dog she adopted at the West Valley City Animal Shelter. She indicated that her dog, Azula, nearly lost her life the second day after she adopted her. She indicated that Azula lost 10-13 pounds while in the shelters care and noted that one employee was attempting to take care of 86 dogs at the time of the adoption. Ms. Brunson stated that it took almost 10 days for her to receive a response from someone at the shelter to adopt Azula and she feels that the dog would have died if she had not pushed to receive a call back. Ms. Brunson stated that she would implore upon the humanity and integrity of the Council to do what is right for animals and employees at the shelter. Steve Dean stated that he has lived in West Valley City since 1987 and he has had three dogs die under suspicious circumstances during that time. He stated that neighbors have threatened to poison his dogs and he is unafraid to defend his home and property with weapons if necessary. Mr. Dean also complained about chihuahua’s running at large through his neighborhood. Jim Vesock stated that he is sad to hear of animals being poisoned or bated. He indicated that he knows the shelter is understaffed at this time, as are many businesses, and noted that they are doing the best they can. He encouraged people to apply for employment or to volunteer. Mr. Vesock detailed events he attended recently. He encouraged members of the Council who are not present in meetings to turn on their cameras. Chris Bell stated that he witnessed a police altercation several weeks ago after City Council meeting. He commended Chief Jacobs who allowed her officers to do their job before sitting down on the grass next to the woman, talking to her, and de- escalating the situation. Mr. Bell thanked Chief Jacobs for her leadership and training. He indicated that while no Police Department is perfect, West Valley City has great officers. Mr. Bell stated that there are not many green areas in his district, District 2. He indicated that high density projects are being discussed but noted that it takes more than four walls and a roof to make a livable community. Mr. Bell discussed a proposed development at Valley Fair Mall and encouraged green space instead as well as increased safety near the Costco shopping area. He indicated that he supported the Councils approval of HB411 for clean energy 1.5 years and expressed concern that the City has since withdrawn from this directive. He encouraged the Council to explore more ways to provide clean energy to homes and the community. Mike Markham stated that the City talks a lot about what it wants to do but never seems to follow through. He discussed gravel driveways covered in weeds, RV’s  MINUTES OF COUNCIL REGULAR MEETING JULY 20, 2021 -4- extending into the street, excess water being used in high density projects, and the lack of Code Enforcement he feels is occurring. Mike Rigdon stated that he is a real senior citizen over the age of 65. He indicated that he moved into a single family home but Federal and State regulations allow multiple families to live in single family residences. He expressed concern about safety on 4100 South. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. B. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-4-2021, FILED BY GREG WILSON, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO BRP (BUSINESS/RESEARCH PARK) FOR PROPERTY LOCATED AT 1078 WEST PARKWAY AVENUE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled July 20, 2021, in order for the City Council to hear and consider public comments regarding application Z-4-2021, filed by Greg Wilson, requesting a zone change from A (Agriculture, Minimum Lot Size ½ Acre) to BRP (Business/Research Park) for property located at 1078 West Parkway Avenue. Written documentation previously provided to the City Council included information as follows: The west 143’ of this 180’ wide property was rezoned from A to BRP last year. This request is for an additional 15’ of BRP zoning which would make the west 158’ of the property zoned BRP. The subject property is designated as business park in the West Valley City General Plan. The applicant has submitted a concept plan that shows a cabinet assembly plant and warehouse building. Also included is a letter from the applicant. Since the proposed building will include a light industrial use, the City’s commercial design standards will apply. Curb, gutter and sidewalk will be required along the property frontage as part of the site plan approval process. Mayor Bigelow opened the Public Hearing.  MINUTES OF COUNCIL REGULAR MEETING JULY 20, 2021 -5- Greg Wilson, the applicant, stated that he is looking to add this extra 15 square feet because the building and business is expanding. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 21-47, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 1078 WEST PARKWAY AVENUE FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO BRP (BUSINESS/RESEARCH PARK) The City Council previously held a public hearing regarding proposed Ordinance 21-47 that would amend the Zoning Map to show a change of zone for property located at 1078 West Parkway Avenue from A (Agriculture, Minimum Lot Size ½ Acre) to BRP (Business/Research Park). 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 21-47. 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 No Majority. RESOLUTION 21-124: AUTHORIZE THE CITY TO ACCEPT FOUR DEEDS FOR PROPERTY ON DECKER LAKE DRIVE Mayor Bigelow discussed proposed Resolution 21-124 that would authorize the City to accept four deeds for property on Decker Lake Drive. Written documentation previously provided to the City Council included information as follows: The property at 2997 South is 0.26 acres, wedge shaped, and vacant. The owners  MINUTES OF COUNCIL REGULAR MEETING JULY 20, 2021 -6- of the property approached staff initially about the possibility of the City acquiring the ground. Staff believed the property was too small to warrant consideration for acquisition. The owners later approached staff about donating the property to the City. Since the City has a lease with Rocky Mountain Power for parking on the neighboring ground to the south, staff believes this donated property could, at some point, be used for parking and/or electric vehicle charging. 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 21-124. 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. RESOLUTION 21-125: AUTHORIZE THE ACCEPTANCE OF A GRANT FROM THE STATE OF UTAH FOR CROSSTOWN TRAIL SIGNAGE Mayor Bigelow discussed proposed Resolution 21-125 that would authorize the acceptance of a Grant from the State of Utah for Crosstown Trail Signage. Written documentation previously provided to the City Council included information as follows: The West Valley City Parks and Recreation Department applied for and received grant funding from the State of Utah, Governor’s Office of Economic Development that will be used for signage along the Crosstown Trail. The Crosstown Trail travels from East to West within the City and includes the crossing of roads and other sections that may be difficult to navigate. The directional and informational signage will aid in providing a clear route.  MINUTES OF COUNCIL REGULAR MEETING JULY 20, 2021 -7- The awarded grant is matching in nature. The City’s contribution will be both in- kind and financial. Funds needed for this will be taken from the park maintenance budget. 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 21-125. 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 21-126: AWARD A CONTRACT TO ROLFE CONSTRUCTION INC. FOR THE CONSTRUCTION OF THE STANTON DRIVE STORM DRAIN PROJECT Mayor Bigelow discussed proposed Resolution 21-126 that would award a Contract to Rolfe Construction Inc. for the construction of the Stanton Drive Storm Drain Project. Written documentation previously provided to the City Council included information as follows: Bids for the project were opened on July 6, 2021, a total of five (5) bids were received. The lowest responsible bidder was Rolfe Construction Inc. in the amount of $688,992.00. This project will replace a deteriorating corrugated metal storm drain pipe in Stanton Drive from 3100 South to approximately 3245 South. In addition, this project will extend the storm drain system further south along Stanton Drive, west along Harbor Street and south along Island Way. The extension of the drainage system will enable the City to intercept storm water that is currently routed thru private properties. The extension will also provide  MINUTES OF COUNCIL REGULAR MEETING JULY 20, 2021 -8- additional storm drain inlets within the Willow Cove Subdivision which currently lacks adequate drainage facilities. These improvements will eliminate drainage problems previously observed on Stanton Drive. 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 21-126. 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 Yes Unanimous. CONSENT AGENDA A. RESOLUTION 21-129: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM BRAYDEN TWITCHELL FOR PROPERTY LOCATED AT 5281 WEST POSTWOOD CIRCLE Mayor Bigelow discussed proposed Resolution 21-129 that would authorize the City to enter into a Real Estate Purchase Agreement and accept a Perpetual Easement and a Temporary Construction Easement with and from Brayden Twitchell for property located at 5281 West Postwood Circle. Written documentation previously provided to the City Council included information as follows: The Brayden J. Twitchell parcel located at 5281 W. Postwood Circle is one of several parcels affected by the 4700 South Reconstruction Project (4000 West to 5600 West). This project is being constructed in cooperation with Kearns Metro Township. This project will reconstruct the pavement, curb, gutter, sidewalk and decorative street lighting on both sides of 4700 South and 4715 South to improve safety and ride quality of 4700 South and 4715  MINUTES OF COUNCIL REGULAR MEETING JULY 20, 2021 -9- South. Compensation for the purchase of the Perpetual Easement and a Temporary Construction Easement and improvements is $10,900.00 based upon the appraisal report prepared by Van Drimmellen Associates, Inc. The project is being funded under the Surface Transportation Program (STP) with federal funds. Kearns Metro Township executed the Federal Aid Agreement with UDOT. West Valley City has signed an Interlocal Agreement with Kearns Metro Township. The city is responsible 6.77% of all project costs, including right of way, within West Valley City jurisdictional limits. The total value for the Perpetual Easement and a Temporary Construction Easement is $10,900.00, making the West Valley City share of the acquisition $737.93. 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 21-129. 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. 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, JULY 20, 2021 WAS ADJOURNED AT 7:18 P.M. BY MAYOR BIGELOW.  MINUTES OF COUNCIL REGULAR MEETING JULY 20, 2021 -10- 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, July 20, 2021. _______________________________ Nichole Camac, CMC City Recorder