City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING OCTOBER 26, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, OCTOBER 26, 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) 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 (electronically) Eric Bunderson, City Attorney (electronically) Colleen Jacobs, Police Chief (electronically) John Evans, Fire Chief (electronically) Jim Welch, Finance Director (electronically) Jerry Thompson, Acting CED Director (electronically) Layne Morris, CPD Director (electronically) Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director (electronically) John Flores, HR Director (electronically) Sam Johnson, Strategic Communications Director Jody Knapp, CED (electronically) INSIDE THE CITY VIDEO SERIES A video providing information about the Police Department was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD OCTOBER 19, 2021 The Council considered the Minutes of the Regular Meeting held October 19, 2021. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 26, 2021 -2- Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held October 19, 2021. Councilmember Fitisemanu seconded the motion. A voice vote was taken and all members voted in favor of the motion. AWARDS, CEREMONIES, AND PROCLAMATIONS A. PROCLAMATION DECLARING NOVEMBER 1, 2021 AS "EXTRA MILE DAY" IN WEST VALLEY CITY Mayor Bigelow noted that a Proclamation Declaring November 1, 2021 as “Extra Mile Day” was approved by the Council. COMMENT PERIOD A. PUBLIC COMMENTS DJ Heslington stated that she was told that there was $100,000 set aside for the improvement of sidewalks and easements. She indicated that she was curious how this works. Ms. Heslington indicated that she tripped on an uneven sidewalk several months ago and injured her foot. She stated that she is curious if the money is set aside, if there is a plan in action, how many schools are there, what takes priority, and who determines which areas get repaired first. She indicated that she doesn’t want anyone else to get hurt. Darrell Curtis thanked the Police Department for putting a speed warning on 6000 West. He indicated that he spoke with someone that borders a neighborhood in Kearns who petitioned the Police Department to install speed bumps. There was an speed issue in this area that resulted in an accident and the Police Department were unable to find the vehicle in question. Mr. Curtis also noted that he spoke with a resident who has witnessed prostitution, drug issues, etc and has it on video but the Police Department has not provided a solution. He indicated that he also spoke with a resident who is required to pay Oquirrh Fitness Fees in addition to fees for the Family Fitness Center. Mike Markham stated that he is aware that the Council gets phone calls and emails but noted that there is nothing like residents attending City Council meetings voicing their opinions and taking on topics. Mr. Markham also asked when employees will return to work. Jim Vesock stated that the men’s locker room at the Family Fitness Center is not up to par and employees should be doing their jobs. He noted that he attended a redistricting meeting over the weekend and it was an act in futility. Mr. Vesock stated that campaign finance statements are posted online and noted that some people received large donations and should be asked why.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 26, 2021 -3- Linde Beaudoin stated that there are so many bad sidewalks in neighborhoods and they should be fixed. She indicated that she is in favor of supporting businesses in the City and encouraged the Council to approve the item scheduled on tonight’s agenda. She indicated that times are changing and she would like to see businesses stay open and succeed. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, stated that he would like to recognize the Finance Department and their efforts in blocking the cashing of false checks and cyber attacks. He noted that the Grizzlies have begin their season at the Maverik Center. C. CITY COUNCIL COMMENTS Councilmember Buhler stated that a lot of people come to the Council to discuss their issues. He indicated that the Council doesn’t take action because it wouldn’t be fair to have a conversation without the public being noticed. Councilmember Buhler stated that he is happy to look into items of concern, like sidewalk issues, if residents call or email him. Mayor Bigelow stated that the budget identifies certain items, like sidewalk repairs. He noted that priority is given to school locations but there is a long list of sidewalks that need fixing. Mayor Bigelow noted that if the City were to install the amount of speed bumps that are requested, 75% of the City would be covered in speed bumps. He added that they are not as successful as people would think. Mayor Bigelow stated that redistricting is a difficult process and wherever lines are drawn, there will be people who criticize. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-5-2021, FILED BY PETERSEN STAGGS ARCHITECTS, LLP, REQUESTING A ZONE TEXT CHANGE TO AMEND STANDARDS FOR FAST-FOOD WITH DRIVE-THROUGHS IN THE 5600 WEST OVERLAY ZONE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled October 26, 2021, in order for the City Council to hear and consider public comments regarding application ZT-5-2021, Filed by Petersen Staggs Architects, LLP, Requesting a Zone Text Change to Amend Standards for Fast- Food with Drive-Throughs in the 5600 West Overlay Zone. Written documentation previously provided to the City Council included information as follows: Fast food establishments with drive-through windows are currently allowed in the C-2, C-3, M and MXD zones. The following overlay zones restrict fast food establishments with drive-up windows: MINUTES OF COUNCIL REGULAR MEETING OCTOBER 26, 2021 -4- • Decker Lake Station Overlay Zone - Established in 1996 - Prohibited • Jordan River Overlay Zone - Established in 1998 - Prohibited • 5600 West Overlay Zone – Established in 2004, amended in 2012 – Allowed under certain conditions The 5600 West Overlay limits the amount of fast food establishments allowed in a building with a drive-through as follows: 7-14-404 USE LIMITATIONS (3) Fast Food Establishments with drive-up windows unless the following conditions are met: a. The Fast Food Establishment shall be part of a multi-tenant Building with only one drive-through. b. The Building square footage used by or accessible to Fast Food Establishments shall be less than or equal to the Building square footage used by or accessible to other tenants within the Building. c. The view of the drive-through area from the Street shall be minimized through Landscaping, berming, and/or other screening. d. The drive-up window shall be placed on the side or rear of the multi- tenant Building. e. The drive-up window shall comply with the Drive-Through Window Standards in Section 7-11-314. The applicant would like to remove the square footage requirement, item (b.), from above to allow more flexibility of tenants in the 5600 West Overlay as indicated in the attached request. Mayor Bigelow opened the Public Hearing. Chad Pollock stated that he represents the applicant. He indicated that the intent is to allow all three tenants in a single building to be food establishments and have a drive up. He indicated that the City has no definition of establishments aside from fast food and restaurants. Mr. Pollock stated that deli’s, bakeries, etc. are not accounted for in the Code and indicated that he believes the ordinance may be outdated and should be re-evaluated. He stated that he doesn’t feel it is his place to define these types of uses so he is requesting the limitation be removed in the overlay zone for multi-tenant buildings. Mayor Bigelow closed the Public Hearing. MINUTES OF COUNCIL REGULAR MEETING OCTOBER 26, 2021 -5- ACTION: ORDINANCE NO. 21-61, AMEND SECTION 7-14-404 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING DRIVE-UP WINDOWS WITHIN THE 5600 WEST OVERLAY ZONE The City Council previously held a public hearing regarding proposed Ordinance 21-61 that would amend Section 7-14-404 of the West Valley City Municipal Code to amend certain requirements concerning drive-up windows within the 5600 West Overlay Zone. Councilmember Huynh asked if all three tenants are in one building. Mr. Pollock replied yes. Councilmember Fitisemanu stated that he feels a good point was raised in reference to re-evaluating the definition of food establishments and how things have changed over time. He indicated that the purpose of the overlay zone is to diversify the types of businesses on 5600 West. Councilmember Fitisemanu stated that this is a new build in an established area with established ordinances so he is reluctant to support a change to the whole overlay zone based on this proposal. He noted that he would be open to discussing food establishment definitions in the future though. Councilmember Nordfelt agreed and noted that the goal of the overlay was to diversify the types of services provided on 5600 West. Councilmember Christensen stated that no drive-ups were allow prior to 2012 when the ordinance was last modified. He indicated that it has worked well since then. 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 deny Ordinance 21-61. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh No Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 26, 2021 -6- Majority. Denied. Mayor Bigelow and the Council agreed to review language and definitions related to food establishments. RESOLUTION 21-183: APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN WEST VALLEY CITY AND THE FEDERAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (ATF) TO JOIN THE JOINT ATF TASK FORCE Mayor Bigelow discussed proposed Resolution 21-183 that would approve a Memorandum of Understanding Between West Valley City and the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to Join the Joint ATF Task Force. Written documentation previously provided to the City Council included information as follows: In an effort to coordinate local law enforcement resources in the investigation of firearms and explosives trafficking and firearm and explosives related violent crime and their associated organizations and networks, law enforcement agencies of the greater Salt Lake Valley, State and Federal agencies have united efforts and resources to form the ATF Task Force. The Police Department seeks to assign one (1) investigator to this position. This agreement clarifies the responsibilities of participating agencies to establish the groundwork for the administration and operation of the taskforce. The mission of this task force is to focus on the reduction of violent crimes in the West Valley City Metropolitan area. This mission will be generally accomplished through the maximum effort of investigation, arrest, detention, enhanced prosecution, and forfeiture of assets of criminally active violent offenders with emphasis on criminal activity supporting violent gangs. Specifically, efforts will focus on violent street gangs, felons in possession of firearms, armed career criminals, armed robberies (Hobbs Act Violations) major theft and armed carjacking rings, murder-for-hire, Racketeering Influenced and Corrupt Organizations (RICO), and related violations under Utah Criminal Statutes. This endeavor will be enhanced by targeting violent crime problems through the teaming of federal, state, and local law enforcement officers and prosecutors to conduct short and mid-term, proactive and intelligence driven investigations. 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 21-183.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 26, 2021 -7- 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 RESOLUTION 21-184: AUTHORIZE THE PURCHASE OF A MARQUEE AND RELATED EQUIPMENT FROM FREEDOM LED Mayor Bigelow discussed proposed Resolution 21-184 that would authorize the purchase of a Marquee and related equipment from Freedom LED. Written documentation previously provided to the City Council included information as follows: The Marquee is located on the eastside of I-215 in the Maverik Center parking lot located at 3200 S Decker Lake Drive. Bids for construction were solicited and five bidders responded: Freedom LED $389,952.24 YESCO $455,197.00 Daktronics $398,864.00 Creative Signs & Graphics $476,964.36 Allied Electric Sign $482,931.61 Impact Signs $537,830.00 Graphix Display $759,711.00 Freedom LED was selected as the lowest responsible bidder. Construction will begin 7 to 8 weeks. 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 Resolution 21-184. Councilmember Christensen seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 26, 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 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 26, 2021 WAS ADJOURNED AT 7:11 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