City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING AUGUST 10, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, AUGUST 10, 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 (electronically) ABSENT: Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney Colleen Jacobs, Police Chief (electronically) John Evans, Fire Chief (electronically) Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director (electronically) Dan Johnson, Public Works Director (electronically) Nancy Day, Parks and Recreation Director (electronically) 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 27, 2021  MINUTES OF COUNCIL REGULAR MEETING AUGUST 10, 2021 -2- The Council considered the Minutes of the Regular Meeting held July 27, 2021. There were no changes, corrections or deletions. Councilmember Christensen moved to approve the Minutes of the Regular Meeting held July 27, 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 Dennis Tenney stated that he and his neighbors are concerned about nuisance in their neighborhood. He indicated that there is a resident who has large overgrown trees infested with bugs. He indicated that he would like Code Enforcement to visit this neighbor and encourage the resident to voluntarily cut down the trees. Mr. Tenney also requested that the City revise and review the nuisance ordinance to address this issue. He indicated that he would provide suggested language to the City Recorder. Mark Chadwick stated that he also has a nuisance issue. He indicated that there is significant loud vehicle noise from his neighbor’s muffler. He stated that he has confronted him but the issue has not stopped. Mr. Chadwick indicated that he would like to look at possible solutions or changes to the noise ordinance to prevent this type of behavior. Mike Rigdon expressed concern about speeding vehicles on 4100 South and a lack of people being ticketed. Jeff Farnsworth stated he is a neighbor of Mark Chadwik and is in support of the noise concerns in his area with loud car engines. Lindie Beaudoin stated that she lives in Newton Farms and is concerned that a park that was promised has not been built. She indicated that she and her neighbors were told the park would be constructed in 2021-2022 but the City has stated that there is no funding for it. Darrell Curtis state that he is also concerned about noise issues. He indicated that he lives near the Mountain View Corridor and he would like to see signs restricting engine brakes. He indicated that it is very loud all hours of the day or night. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments.  MINUTES OF COUNCIL REGULAR MEETING AUGUST 10, 2021 -3- B. CITY COUNCIL COMMENTS Councilmember Huynh reiterated that the noise ordinance needs to be addressed and further enforced. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING THE BUDGET OF WEST VALLEY CITY FOR THE FISCAL YEAR 2021-2022 Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 10, 2021, in order for the City Council to hear and consider public comments regarding the Budget of West Valley City for the Fiscal Year 2021-2022. Written documentation previously provided to the City Council included information as follows: This resolution adopts the final budget for West Valley City for the 2021- 2022 fiscal year and sets a date for public comment at a hearing to be held on August 10, 2021. West Valley City will adopt a final budget that will be made available for public inspection during regular office hours in the City’s Recorder’s office and gave notice of a hearing to receive public comment before the final adoption of this budget for FY 2021-2022. Jim Welch, Finance Director, presented a PowerPoint Presentation summarized as follows: - Reflects Council direction and objectives - Promotes efficiency in government - Public disclosure/transparency - Balanced budget required by state law - Prepared to accepted national standards - Budgetary Drivers o Fiscal Responsibility o Governmental and Regulatory Requirements o Increasing Costs of Services and Operations o Aging Infrastructure and Maintenance Costs o Economic Conditions  COVID-19 Impacts  Federal Stimulus  Changing Market Conditions o Revenues and expenses for 2021-2022 MINUTES OF COUNCIL REGULAR MEETING AUGUST 10, 2021 -4- Wayne Pyle, City Manager, verified that the taxes were not lowered. Jim replied yes. Wayne stated that the revenue is level for the City as a whole. Jim replied yes. Wayne verified that this is a small increase by the City based on a judgment levy but any other increases on a tax bill, such as the Granite School District increase, does not come from the City. Jim replied yes. Councilmember Huynh asked if there was a sales tax increase. Jim stated that property tax and sales tax are separate and it varies. Councilmember Huynh asked if sales tax can be used to offset property taxes being raised. Jim replied that this would depend on many factors. Mayor Bigelow opened the Public Hearing. Michael Espinosa stated that he is 30 and came to West Valley City for affordability. He indicated that the taxable value of his home has increased significantly and he is seeing an 8.4% increase for his taxes overall. He indicated that he understands other entities are responsible for many of them but noted he would like to see the City trim some of its budget. He indicated that everyone is aware of and feels the pressure of rising costs and inflation. Harold Burris stated that he is facing a significant increase in property tax. He indicated that the market value of his home has increased significantly and he is on a fixed income. Mayor Bigelow clarified that the City does not have any say or ability in establishing the market value of a home. He indicated that this falls under the County jurisdiction. Councilmember Buhler noted that the tax bill provides information on how to submit a rebuttal. Jim Vesock stated that he has owned his home for 6 years and home values are increasing everywhere. He expressed concern about the estimated parking ticket fines decreasing, funding for and from Code Enforcement and Ace, and increases in the City Manager’s office. He stated he feels the budget is inaccurate and stated that he believes the budget should not be re-opened after approved. Darrell Curtis stated that the budget numbers are unclear and he doesn’t know what is represented where. He stated he would like more detail on the report so he knows where his tax dollars are going. Mayor Bigelow closed the Public Hearing. ACTION: RESOLUTION NO. 21-139, ADOPT A FINAL BUDGET; MAKE APPROPRIATIONS FOR THE SUPPORT OF WEST VALLEY CITY FOR THE FISCAL YEAR BEGINNING JULY 1, 2021 AND ENDING JUNE 30,  MINUTES OF COUNCIL REGULAR MEETING AUGUST 10, 2021 -5- 2022; AND DETERMINE THE RATE OF TAX AND LEVYING TAXES UPON ALL REAL AND PERSONAL PROPERTY WITHIN WEST VALLEY CITY, UTAH, TAXABLE BY LAW FOR THE YEAR 2021 The City Council previously held a public hearing regarding proposed Resolution 21-139 that would adopt a Final Budget; make appropriations for the support of West Valley City for the Fiscal Year beginning July 1, 2021 and ending June 30, 2022; and determine the rate of tax and levying taxes upon all real and personal property within West Valley City, Utah, taxable by law for the Year 2021. 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 21-139. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu N/A Ms. Lang Yes Mr. Buhler Yes Mr. Huynh No Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Majority. CONSENT AGENDA A. RESOLUTION 21-140: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE AGREEMENT AND ACCEPT A PUBLIC UTILITY EASEMENT, A PERPETUAL EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM DANIEL D'EWART FOR PROPERTY LOCATED AT 4693 SOUTH LEMONWOOD CIRCLE Mayor Bigelow discussed proposed Resolution 21-140 that would authorize the City to enter into a Real Estate Purchase Agreement and accept a Public Utility Easement, a Perpetual Easement and a Temporary Construction Easement with and from Daniel D’Ewart for property located at 4693 South Lemonwood Circle. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING AUGUST 10, 2021 -6- The Daniel D’Ewart parcel located at 4693 S. Lemonwood 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 South. Compensation for the purchase of the Public Utility Easement, Perpetual Easement and a Temporary Construction Easement and improvements is $11,600.00 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 Public Utility Easement, Perpetual Easement and a Temporary Construction Easement is $11,600.00, making the West Valley City share of the acquisition $785.32. B. RESOLUTION 21-141: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM JESUS ALAMILLA FOR PROPERTY LOCATED AT 5087 SOUTH EAGLE WOOD DRIVE Mayor Bigelow discussed proposed Resolution 21-141 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 Jesus Alamilla for property located at 5087 South Eagle Wood Drive. Written documentation previously provided to the City Council included information as follows: The Jesus A. Fuentes Alamilla parcel located at 5087 W. Eagle Wood Drive 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 South. Compensation for the purchase of the Perpetual Easement and a Temporary Construction Easement and improvements is $8,800.00 based upon the Administrative Compensation Estimate prepared by Horrocks Engineering.  MINUTES OF COUNCIL REGULAR MEETING AUGUST 10, 2021 -7- 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 $8,800.00, making the West Valley City share of the acquisition $595.76. 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 all items on the Consent Agenda. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Fitisemanu N/A 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, AUGUST 10, 2021 WAS ADJOURNED AT 7:36 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, August 10, 2021.  MINUTES OF COUNCIL REGULAR MEETING AUGUST 10, 2021 -8- _______________________________ Nichole Camac, CMC City Recorder