City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING OCTOBER 19, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, OCTOBER 19, 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 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manager (electronically) Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney Scott Buchanan, Acting Police Chief (electronically) John Evans, Fire Chief (electronically) Jim Welch, Finance Director (electronically) Steve Pastorik, CED Director Layne Morris, CPD Director (electronically) Coby Wilson, Acting Public Works Director Nancy Day, Parks and Recreation Director John Flores, HR Director (electronically) Sam Johnson, Strategic Communications Director INSIDE THE CITY VIDEO SERIES A video providing information about Operation My Hometown was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD OCTOBER 12, 2021 The Council considered the Minutes of the Regular Meeting held October 12, 2021. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 19, 2021 -2- Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held October 12, 2021. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. AWARDS, CEREMONIES, AND PROCLAMATIONS A. UTAH RECREATION AND PARKS ASSOCIATION CITY AWARD PRESENTATION Leann Powell, Utah Recreation and Parks Association, congratulated the department on winning the Outstanding Best of State Department award. COMMENT PERIOD A. PUBLIC COMMENTS Mike Markham thanked everyone who attended Meet the Candidate Night. He indicated that he feels most people were members of the candidates’ families. Mr. Markham stated that he feels more residents need to get involved and participate in City Council. He encouraged the Police Department to get out more and issue tickets. He also stated that Police Officers should not run red lights. Bob Hicks stated that he is here regarding the vacation of the alley. He expressed concern regarding the Board of Adjustment, the property not being in compliance, and the property not being used as developable land. Mr. Hicks stated that the zoning has been changed multiple times over the years. He indicated that he has issues with his neighbor and detailed altercations he has experienced. Darrell Curtis stated that he is concerned about the Moderate Income Housing plan. He indicated that the report lists apartments as affordable housing and he has heard opposition to apartments being built in the City. Mr. Curtis stated that he has heard concern from residents on 6000 West regarding drag races that occur late at the night. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Councilmember Huynh stated that he is concerned about the limitation of strip malls on Redwood Road as it relates to property size. Councilmember Fitisemanu stated that he would love to have more people attend Council Meetings but noted that there are many people who reach out in other ways to express their appreciation and concerns.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 19, 2021 -3- PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION SV-2-2021, FILED BY WEST VALLEY CITY, REQUESTING A VACATION OF A PUBLIC ALLEY BETWEEN WARNOCK AVENUE AND STRATFORD AVENUE AT 1685 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled October 19, 2021, in order for the City Council to hear and consider public comments regarding application SV-2-2021, Filed by West Valley City, Requesting a Vacation of a Public Alley Between Warnock Avenue and Stratford Avenue at 1685 West. Written documentation previously provided to the City Council included information as follows: The West Valley City Engineering Division is requesting consideration to vacate the 16-foot alley located between Warnock Avenue and Stratford Avenue. The location of the alley is approximately 1685 West between 2525 and 2565 South. The alley is located within the Chesterfield Plat. This plat was recorded with the County Recorder’s Office in July 1914. The plat identifies a 16- foot alley along the east property line of those properties fronting Redwood Road. It is presumed that this alley was to provide service capabilities for properties that would be used for commercial purposes. While the idea behind this was well intended, these alleys have not been utilized for that purpose. To staffs knowledge, these alleys have never been formally improved. As a common practice, many residents living adjacent to these alleys have fenced this area off. In some instances, residents have used the alley as part of their yard and for parking. The vacation of these alleys generally allows for property owners to take better care of these areas than has previously been done. Per State Law, when a street or alley is vacated, each abutting owner will end up with half of the vacated property. In this case, 8 feet of additional property would then belong to the property owners on the east as well as the west side of the alley. If a property owner did not want their portion, they could negotiate transferring their portion to the adjacent landowner. In the case of this particular alley, there is an existing storm drain line. The City will request that an easement be recorded that will accommodate the storm drain line. This will be done with the vacating ordinance that ends up being recorded with the Salt Lake County Recorder’s Office. MINUTES OF COUNCIL REGULAR MEETING OCTOBER 19, 2021 -4- According to City Ordinance, streets and/or alley vacations shall be reviewed by the Planning Commission with a recommendation to the City Council. 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. 21-59, APPROVE THE VACATION OF THE ALLEY BETWEEN WARNOCK AVENUE AND STRATFORD AVENUE LOCATED AT 1685 WEST BETWEEN 2525 AND 2565 SOUTH The City Council previously held a public hearing regarding proposed Ordinance 21-59 that would approve the Vacation of the Alley Between Warnock Avenue and Stratford Avenue Located at 1685 West Between 2525 and 2565 South. Councilmember Fitisemanu asked if there are any concerns regarding the alley as noted by Mr. Hicks previously. Mr. Lehman replied that the Public Works Department can survey the property if the Council directs. Councilmember Huynh asked how much each property owner would add to their property. Steve replied just over 2,000 square feet. Steve explained that Mr. Hicks has a desire for a shopping center but even if he were given the full acreage, he would not be able to achieve that. Councilmember Huynh stated that this is not fair to the property owner. Councilmember Buhler stated that the issue is about the vacation of the alley, not about the dispute between the property owners. He stated that the property would be larger for both of the property owners with this vacation. 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 Ordinance 21-59. Councilmember Christensen seconded the motion. Councilmember Lang asked if the survey would be done regardless or if the Council needed to direct that in the motion. Nicole Cottle stated that this would need to be included as part of the approval. Councilmember Lang asked that the motion be amended to include that a survey be conducted as part of the approval. Councilmember Nordfelt agreed to modify the motion to state approval with the requirement that the City conduct a survey. Councilmember Christensen accepted the amended motion.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 19, 2021 -5- A roll call vote was taken: Councilman Fitisemanu Yes Councilwoman Lang Yes Councilman Buhler Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Bigelow Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION SV-3-2021, FILED BY WEST VALLEY CITY, REQUESTING A VACATION OF A PUBLIC ALLEY BETWEEN CLAYBOURNE AVENUE AND RUSSET AVENUE AT 1685 WEST BETWEEN 2785 AND 2830 SOUTH Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled October 19, 2021, in order for the City Council to hear and consider public comments regarding application SV-3-2021, Filed by West Valley City, Requesting a Vacation of a Public Alley Between Claybourne Avenue and Russet Avenue at 1685 West Between 2785 and 2830 South. Written documentation previously provided to the City Council included information as follows: The West Valley City Engineering Division is requesting consideration to vacate the 16-foot alley located between Clayborne Avenue and Russet Avenue. The location of the alley is approximately 1685 West between 2785 and 2830 South. The alley is located within the Chesterfield Plat. This plat was recorded with the County Recorder’s Office in July 1914. The plat identifies a 16- foot alley along the east property line of those properties fronting Redwood Road. It is presumed that this alley was to provide service capabilities for properties that would be used for commercial purposes. While the idea behind this was well intended, these alleys have not been utilized for that purpose. To staffs knowledge, these alleys have never been formally improved. As a common practice, many residents living adjacent to these alleys have fenced this area off. In some instances, residents have used the alley as part of their yard and for parking. The vacation of these alleys generally allows for property owners to take better care of these areas than has previously been done. MINUTES OF COUNCIL REGULAR MEETING OCTOBER 19, 2021 -6- Per State Law, when a street or alley is vacated, each abutting owner will end up with half of the vacated property. In this case, 8 feet of additional property would then belong to the property owners on the east as well as the west side of the alley. If a property owner did not want their portion, they could negotiate transferring their portion to the adjacent landowner. According to City Ordinance, streets and/or alley vacations shall be reviewed by the Planning Commission with a recommendation to the City Council. 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. 21-60, APPROVE THE VACATION OF THE ALLEY BETWEEN CLAYBOURNE AVENUE AND RUSSET AVENUE LOCATED AT 1685 WEST BETWEEN 2785 AND 2830 SOUTH The City Council previously held a public hearing regarding proposed Ordinance 21-60 that would approve the Vacation of the Alley Between Claybourne Avenue and Russet Avenue Located at 1685 West Between 2785 and 2830 South. Councilmember Huynh suggested a survey for these properties as well. Councilmember Fitisemanu stated that he was in favor of a survey on the previous application because the City has an easement through the property. He indicated that he wouldn’t be in favor of a survey when the decision is just between the two property owners. Councilmember Buhler agreed and noted that the City shouldn’t be responsible for surveying private property lines. 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 21-60. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilwoman Lang Yes Councilman Buhler Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 19, 2021 -7- Mayor Bigelow Yes Unanimous. Councilmember Huynh stated that he voted yes because he supports the application but does believe there should be a survey and he doesn’t feel it’s fair. RESOLUTION 21-179: ADOPT THE 2021 ANNUAL REPORT ON THE MODERATE INCOME HOUSING PLAN Mayor Bigelow discussed proposed Resolution 21-179 that would adopt the 2021 Annual Report on the Moderate Income Housing Plan. Written documentation previously provided to the City Council included information as follows: Utah Code Section 10-9a-408 requires the legislative body of municipalities to annually prepare a report outlining a review of their Moderate Income Housing Plan. The report must address the following:  “a revised estimate of the need for moderate income housing in the municipality for the next five years;  a description of progress made within the municipality to provide moderate income housing, demonstrated by analyzing and publishing data on the number of housing units in the municipality that are at or below: o 80% of the adjusted median family income; o 50% of the adjusted median family income; and o 30% of the adjusted median family income;  a description of any efforts made by the municipality to utilize a moderate income housing set-aside from a community reinvestment agency, redevelopment agency, or community development and renewal agency; and  a description of how the municipality has implemented any of the recommendations related to moderate income housing described in Subsection 10-9a-403(2)(b)(iii).” 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 Resolution 21-179. Councilmember Huynh seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 19, 2021 -8- Councilman Fitisemanu Yes Councilwoman Lang Yes Councilman Buhler Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 21-180: AUTHORIZE THE CITY TO ACCEPT A PUBLIC SIDEWALK EASEMENT FROM FREIGHTLINER OF UTAH FOR PROPERTY LOCATED AT APPROXIMATELY 2377 SOUTH 5370 WEST Mayor Bigelow discussed proposed Resolution 21-180 that would authorize the City to Accept a Public Sidewalk Easement from Freightliner of Utah for Property Located at Approximately 2377 South 5370 West Written documentation previously provided to the City Council included information as follows: The Freightliner of Utah property is the site of the proposed Premier Truck Group site on Lot 9 of the West Valley Truck Center. As a condition of approval, installation of a five foot sidewalk and a five foot park strip. The existing right-of-way lines in the West Valley Truck Center Subdivision are located five feet behind the existing top back of curb and gutter. As sidewalk is now required in this subdivision, a Public Sidewalk Easement was required as a condition of approval. B. RESOLUTION 21-181: AUTHORIZE THE CITY TO ACCEPT A STORM DRAIN EASEMENT FROM AFFLECK PROPERTIES II LLC FOR PROPERTY LOCATED AT APPROXIMATELY 2054 SOUTH 3400 WEST Mayor Bigelow discussed proposed Resolution 21-181 that would authorize the City to Accept a Storm Drain Easement from Affleck Properties II LLC for Property Located at Approximately 2054 South 3400 West Written documentation previously provided to the City Council included information as follows: There is existing 48” RCP storm piping and boxes located on the property which is part of the West Valley City storm drain system. Although the City has a prescriptive easement for the existing storm drain piping, the  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 19, 2021 -9- property owner has agreed to formally convey a Storm Drain Easement in favor of West Valley City. C. RESOLUTION 21-182: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM OSCAR AND REFUGIO PEREZ FOR PROPERTY LOCATED AT 4245 SOUTH 2735 WEST Mayor Bigelow discussed proposed Resolution 21-28 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 Oscar and Refugio Perez for property located at 4245 South 2735 West. Written documentation previously provided to the City Council included information as follows: The Kim Yoeun Yong and Sumala Yong parcel located at 4691 S. Woodgrove 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 Warranty Deed, Perpetual Easement and a Temporary Construction Easement and improvements is $11,700.00 based upon the Appraisal Report prepared by Van Drimmelen 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 for 6.77% of all project costs, including right of way, within West Valley City jurisdictional limits. The total value for the Warranty Deed, Perpetual Easement and a Temporary Construction Easement is $11,700.00, making the West Valley City share of the acquisition $792.09. 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 the items on the Consent Agenda. Councilmember Huynh seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 19, 2021 -10- 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, OCTOBER 19, 2021 WAS ADJOURNED AT 7:16 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, October 19, 2021. _______________________________ Nichole Camac, CMC City Recorder