City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 16, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, NOVEMBER 16, 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 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 Nancy Day, Parks and Recreation Director John Flores, HR Director (electronically) Sam Johnson, Strategic Communications Director (electronically) INSIDE THE CITY VIDEO SERIES A video providing information about the Veterans Hall was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD NOVEMBER 9, 2021 The Council considered the Minutes of the Regular Meeting held October 26, 2021. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 16, 2021 -2- Councilmember Christensen moved to approve the Minutes of the Regular Meeting held October 26, 2021. Councilmember Lang seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Paul Nichols expressed concern about traffic on 4100 South. He indicated that there have been two bad accidents in the last month. Mr. Nichols stated that there are no officers patrolling the streets. He indicated that he saw crews on 3200 West cutting limbs off the sidewalk. Mike Markham commended Mark Nord on the work he does for the Redevelopment Agency. He indicated he likes the policy of making friends that the department has. Mr. Markham stated that the Veteran’s Memorial wall is great but more assistance needs to be provided to veterans who are living. Jim Vesock stated that campaign finance statements were discussed during the meeting and he felt Nichole Camac was very helpful. He indicated that the Veteran’s Memorial is a great asset in the City. Mr. Vesock indicated that campaign finance statements should be clear and transparent. He expressed concern about the status of the locker rooms at the Family Fitness Center. Representative Mike Winder stated that he spoke with the Youth City Council and wanted to stop by and say hello. He expressed congratulations to the candidates who ran for office and also to Mayor Bigelow for the Veteran’s Memorial. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Councilmember Christensen stated that he has driven by the Veteran’s Memorial several times and there is always someone there. Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC COMMENT REGARDING APPLICATION Z-6-2021, FILED BY ARCHITECTURAL COALITION, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE) TO M (MANUFACTURING) FOR PROPERTY LOCATED AT 7035 WEST GATES AVENUE MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 16, 2021 -3- Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled November 16, 2021, in order for the City Council to hear and consider public comments regarding application Z-6-2021, filed by Architectural Coalition, requesting a Zone Change from A (Agriculture) to M (Manufacturing) for property located at 7035 West Gates Avenue Written documentation previously provided to the City Council included information as follows: The owners of the subject property also own the two parcels to the west. These two west parcels were rezoned earlier this year from A to M to allow the owners to apply for a conditional use permit for their stucco business, Southwest Exteriors, that was operating without license in a zone that did not allow the business. The zone change was accompanied by a development agreement. The original proposal was the owners would utilize the existing building as an office for their stucco business. Assuming this zone change is approved, the owners plan to redevelop the subject property along with the two parcels to the west with a new office building in three phases. The first phase would involve demolishing the garage on the existing home on the west parcel that is being used as an office. A new, 2-story office building spanning all three parcels would also be constructed as part of phase 1. Renderings of the proposed office building are included with this report. Phase 2 would involve demolishing the existing home on the west parcel that is being used as an office to make room for more parking for the new, 2-story office building. Phase 3 involves demolishing the home on the subject property to add more parking. 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. 21-62, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 7035 WEST GATES AVENUE FROM A (AGRICULTURE) TO M (MANUFACTURING) The City Council previously held a public hearing regarding proposed Ordinance 21-62 that would amend the Zoning Map to show a change of Zone for property located at 7035 West Gates Avenue from A (Agriculture) to M (Manufacturing). 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 Ordinance 21-62. MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 16, 2021 -4- Councilmember Lang 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 Mayor Bigelow Yes Unanimous. ACTION: RESOLUTION NO. 21-185, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE EMANUEL AND LETICIA MORENO REVOCABLE LIVING TRUST FOR APPROXIMATELY 1.31 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 7035-7055 WEST GATES AVENUE Mayor Bigelow discussed proposed Resolution 21-185 that would authorize the City to enter into a Development Agreement with the Emanuel and Leticia Moreno Revocable Living Trust for approximately 1.31 acres of Property Located at Approximately 7035-7055 West Gates Avenue. 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 21-185. Councilmember Christensen 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 Mayor Bigelow Yes Unanimous.  MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 16, 2021 -5- RESOLUTION 21-186: AUTHORIZE THE CITY TO ENTER INTO SUPPLEMENT NO. 3 TO A STAKEHOLDER AGREEMENT BY AND BETWEEN THE CITY AND THE UTAH TRANSIT AUTHORITY Mayor Bigelow discussed proposed Resolution 21-186 that would authorize the City to enter into Supplement No. 3 to a Stakeholder Agreement by and between the City and the Utah Transit Authority. Written documentation previously provided to the City Council included information as follows: The City previously entered into a lease agreement with UDOT (Resolution 21- 166) in which UDOT agreed to contribute $154,369.17 to construct sidewalk improvements along 2700 West adjacent to the leased property owned by UDOT. In addition, the City previously executed an agreement with UTA to enable UTA’s contractor (Granite Construction) to construct the 2700 West Improvements project between 4100 South and 4700 South. This supplement to the UTA agreement will enable UTA’s contractor to construct the UDOT funded sidewalk improvements as part of the 2700 West project. 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 21-186. 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 Mayor Bigelow Yes CONSENT AGENDA A. RESOLUTION 21-187: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED, A PERPETUAL EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM RICHARD MARTINEZ AND ALEJANDRA MARTINEZ NARANJO FOR PROPERTY MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 16, 2021 -6- LOCATED AT 4688 SOUTH WATER WOOD DRIVE Mayor Bigelow discussed proposed Resolution 21-187 that would authorize the City to enter into a Real Estate Purchase Agreement and accept a Warranty Deed, a Perpetual Easement, and a Temporary Construction Easement with and from Richard Martinez and Alejandra Martinez Naranjo for Property Located at 4688 South Water Wood Drive. Written documentation previously provided to the City Council included information as follows: The Richard Martinez and Alejandra Martinez Naranjo parcel located at 4688 S. Water 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 Warranty Deed, Perpetual Easement and a Temporary Construction Easement and improvements is $17,400.00 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 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 $17,400.00, making the West Valley City share of the acquisition $1,177.98. 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 the items on the Consent Agenda. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes  MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 16, 2021 -7- Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. NEW BUSINESS A. CONVENE AS BOARD OF CANVASSERS FOR THE MUNICIPAL GENERAL ELECTION HELD NOVEMBER 2, 2021 CONSIDER RESOLUTION 21-188, ACCEPT AND APPROVE THE RESULTS OF THE MUNICIPAL GENERAL ELECTION HELD NOVEMBER 2, 2021 AS SHOWN ON THE CANVASS REPORT Mayor Bigelow discussed proposed Resolution 21-188 that would accept and approve the results of the Municipal General Election held November 2, 2021 as shown on the Canvass Report. Written documentation previously provided to the City Council included information as follows: The Mayor and City Council are the legislative body for West Valley City and comprise the Board of Municipal Canvassers pursuant to Utah Code §20A-4-301(2). The Code requires that the Board of Municipal Canvassers shall meet to canvass the returns of the Municipal General Election no sooner than seven days and no later than 14 days after the election. 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 21-188. Councilmember Christensen 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 Mayor Bigelow Yes  MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 16, 2021 -8- Unanimous. Mayor Bigelow commended everyone who participated as a candidate and who are willing to get involved. He indicated that elected officials represent the people to ensure their voices are heard. 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, NOVEMBER 16, 2021 WAS ADJOURNED AT 6:59 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, November 16, 2021. _______________________________ Nichole Camac, CMC City Recorder