City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, APRIL 19, 2022, 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 LANG. THE MEETING WAS ALSO HELD ELECTRONICALLY VIA ZOOM. THE FOLLOWING MEMBERS WERE PRESENT: Karen Lang, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large (arrived as noted) Tom Huynh, Councilmember District 1 Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Nicole Cottle, Acting City Manager Nichole Camac, City Recorder Ryan Robinson, Acting City Attorney (electronically) Colleen Jacobs, Police Chief (electronically John Evans, Fire Chief (electronically) Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director Dan Johnson, Public Works Director (electronically) Nancy Day, Parks and Recreation Director John Flores, HR Director Sam Johnson, Strategic Communications Director (electronically) OPENING CEREMONY- COUNCILMEMBER LARS NORDFELT Councilmember Lars Nordfelt asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. SPECIAL RECOGNITIONS Mayor Lang introduced County Councilwoman Aimee Winder Newton who was in attendance. APPROVAL OF MINUTES OF REGULAR MEETING HELD APRIL 12, 2022  MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -2- The Council considered the Minutes of the Regular Meeting held April 12, 2022. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held April 12, 2022. Councilmember Nordfelt seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS County Councilmember Aimee Winder Newton stated that she represents a portion of West Valley City. She indicated that the County is happy to offer any support to West Valley City. She noted that the County recently approved ARPA funds for a trail system that will run through West Valley City, a grant for affordable housing developments, and a workforce development program. Councilmember Newton added that another grant was approved that would provide water conservation money for local municipalities. She introduced Kristie Morgan, her Policy Advisor, who distributed contact information. Councilmember Christensen arrived at 6:34 PM. B. CITY MANAGER COMMENTS Nicole Cottle, Acting City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-5-2022, FILED BY NORTHROP GRUMMAN INNOVATIONS SYSTEMS, INC., REQUESTING AN AMENDMENT TO THE ZONING MAP BY REDUCING THE NUMBER AND CHANGING THE LOCATION OF OVERPRESSURE ZONES Nicole Cottle, Acting City Manager, informed a public hearing had been advertised for the Regular Council Meeting scheduled April 19, 2022 in order for the City Council to hear and consider public comments regarding application Z-5-2022, filed By Northrop Grumman Innovations Systems, Inc., Requesting an Amendment to the Zoning Map by Reducing the Number and Changing the Location of Overpressure Zones Written documentation previously provided to the City Council included MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -3- information as follows: The application from Northrop Grumman Innovation Systems, Inc. involves two requested changes to the City’s Overpressure Zones. The first and most significant requested change is the removal of the southeastern most Overpressure circles. According to Northrop’s application, the company has shut down and eliminated the rocket motor manufacturing facilities in that area as a part of its overall operations consolidation efforts over the last several years. In Northrop’s view, this eliminates the need for the southeastern most Overpressure circles. Staff has included aerial photos from 2009 and 2019 to show demolition that has occurred in the southeast portion of Northrop’s property. The second requested change is the relocation of the center and western circles. According to Northrop’s application, these changes more closely align with the actual location of Northrop’s high hazard manufacturing activities. Included with this issue paper is an explanation video prepared by staff that shows the changes between the current and proposed Overpressure Zones. No changes are proposed to the Overpressure Zone regulations. Mayor Lang opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 22-16, AMEND THE ZONING MAP BY REDUCING THE NUMBER AND CHANGING THE LOCATION OF OVERPRESSURE ZONES The City Council previously held a public hearing regarding proposed Ordinance 22-16 that would amend the Zoning Map by Reducing the Number and Changing the Location of Overpressure Zones. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Huynh moved to approve Ordinance 22-16. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes  MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -4- Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 22-68: AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH LOAY ALABBAS FOR APPROXIMATELY 1.31 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3846 SOUTH 2200 WEST Nicole Cottle, Acting City Manager, discussed proposed Resolution 22-68 that would authorize the City to Enter into a Development Agreement with Loay Alabbas for Approximately 1.31 Acres of Property Located at Approximately 3846 South 2200 West. Written documentation previously provided to the City Council included information as follows: Mr. Alabbas’s 1.31 acre property at 3846 South 2200 West is zoned R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 square feet) with a General Plan designation of low density residential (3 to 4 units/acre). Last year the Utah Legislature passed HB 1003 that, among other things, removed cities’ ability to regulate most building design standards for single unit dwellings where no development agreement exists. With the adoption of HB 1003, staff initiated a zone change on Mr. Alabbas’ property as it would be able to be developed as single unit dwellings with a limited few design standards that HB 1003 did not prohibit. After discussing the issue with the property owner, he is willing to enter into a development agreement to follow the City’s previous design standards. As such, City staff is withdrawing the zone change application. Upon inquiry by Councilmember Huynh, a map of the property was displayed. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Fitisemanu moved to approve Resolution 22-68. Councilmember Whetstone seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -5- Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 22-69: AUTHORIZE THE EXECUTION OF A MASTER RENTAL AGREEMENT WITH BERGKAMP, INC. Nicole Cottle, Acting City Manager, discussed proposed Resolution 22-69 that would authorize the execution of a Master Rental Agreement with Bergkamp, Inc. Written documentation previously provided to the City Council included information as follows: Polymer seal coat is a pavement preservation tool that is used on newer pavements to prevent oxidation of pavement oils, prevent water infiltration, and extend the pavement life. The pavement treatment consists of a thin layer of asphalt emulsion with a very fine aggregate treated with polymer fibers. The City has been contracting the application of polymer seal coat as a pavement preservation tool over the last eight years. The Public Works Department is exploring the feasibility of self-performing the application of polymer seal coat in addition to the current self-performed slurry seal program for pavement preservation. The Public Works Department will use the rental to evaluate the machine for use on City streets. The machine will be used on various roads throughout the City this summer along with the Parking Lot D of the Maverik Center. When complete, the Public Works Department will determine whether to pursue the purchase of a MAxxG Applicator to expand the in-house pavement preservation toolbox. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Nordfelt moved to approve Resolution 22-69. Councilmember Huynh seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -6- Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 22-70: APPROVE THE PURCHASE OF A TRAILER FROM WACOBILL TRAILER SALES Nicole Cottle, Acting City Manager, discussed proposed Resolution 22-70 that would approve the purchase of a Trailer from Wacobill Trailer Sales. Written documentation previously provided to the City Council included information as follows: The Bureau of Justice Assistance awarded the West Valley City Police Department a grant award in 2020 titled Coronavirus Emergency Supplemental Funding. These funds were awarded to prevent, prepare for, and/or respond to the Coronavirus Pandemic. This is a non-matching grant; the department is not required to match funds. On March 31, 2022 a Grant Award Modification request was approved by the BJA allowing for the purchase of the above described trailer. The total amount approved for the trailer purchase was $75,000. The basic trailer purchase price is $50,110 with the remainder of the approved amount to be used to up fit the trailer to meet the needs described below. The city has selected Wacobill trailer sales to provide the city with the 28 ft Continental cargo trailer with bathroom facility and storage for pandemic supplies such as PPE. The trailer will also be up fitted to provide a climate-controlled rehabilitation space for officers assigned to shifts at testing/vaccination sites or other scenes. The trailer will also be outfitted with facilities to store food and drinks needed for personnel while working assignments at these locations and other scenes as necessary. Additionally, the trailer will provide meeting space for personnel as the walls are white aluminum that can be written on with dry erase markers. The trailer will be outfitted with bench seating for 30-40 people in a climate-controlled setting and be equipped with two computer workstations. In addition to pandemic response, this trailer will serve as a major crimes response trailer and would replace the current 2011 24 ft major crimes trailer. There have been countless hours spent finding the trailer that meets all the Police department’s needs and to ensure the city receives the best price.  MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -7- Number Type of Vehicle Cost Per of Vehicle Vehicles 1 Custom 28 ft Continental $50,110.00 cargo trailer TOTAL $50,110.00 Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Fitisemanu moved to approve Resolution 22-70. Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 22-71: APPROVE THE PURCHASE OF COMPUTER EQUIPMENT FROM LES OLSEN COMPANY Nicole Cottle, Acting City Manager, discussed proposed Resolution 22-71 that would approve the Purchase of Computer Equipment from Les Olsen Company. Written documentation previously provided to the City Council included information as follows: The Police Department replaces approximately one quarter of its desktop and laptop computers each year through a leasing program. This allows the Department to ensure this vital equipment does not become so outdated that it can no longer meet our needs. In preparing this year’s purchase, we were recommended to forego a lease option and purchase the equipment outright. Our IT Department obtained several quotes through various vendors we work closely with. The Les Olson  MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -8- Company had the equipment needed to help us with the new software integration, at a much more reasonable price. It is also noted, that the The Les Olson Company would be able to supply our demand without a substantial delay, unlike other vendor quotes and timeframes. The attached invoice provides details pertaining to the specific equipment purchased, with the listed amount of $126,173.50. The expenditure account for this purchase will come out of the following account number: 10-6546-40480-42001-1909 – “Coronavirus Emergency Supplemental Funding”. These unused funds were rolled over from the previous fiscal year. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to approve Resolution 22-71. Councilmember Huynh seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. CONSIDER APPLICATION S-1-2022, FILED BY MIKE BRODSKY, REQUESTING FINAL PLAT APPROVAL FOR THE EVANS PARK SUBDIVISION LOCATED AT 3716 SOUTH 5450 WEST Nicole Cottle, Acting City Manager, discussed Application S-1-2022, Filed by Mike Brodsky, Requesting Final Plat Approval for the Evans Park Subdivision Located at 3716 South 5450 West. Written documentation previously provided to the City Council included information as follows: Mr. Mike Brodsky, is requesting final approval for the Evans Park Subdivision. The property was recently rezoned from the A zone to the RE  MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -9- Zone and was accompanied by a development agreement approved by the City Council. The subdivision will consist of 12 lots on 4.42 acres. This equates to an overall density of 2.7 units per acre. Based on the proposed plat, lot sizes range from 12,000 square feet to 29,330 square feet. The average lot size in the subdivision has been calculated at 15,015 square feet. Access to the subdivision will be gained from 5450 West. This street is void of any formal improvements on the west side of the right-of-way. During the rezoning process, a decision was made to require formal improvements including curb, gutter and sidewalk. The City Engineering Division will work with the applicant regarding the management of storm water. Lots within the subdivision will be accessed via 5450 West, a private street and long driveways serving the flag lots. The private street will end in a hammerhead configuration to accommodate emergency service vehicles. The private street will consist of a modified gutter system and 26 feet of asphalt. Per the development agreement, all lots with frontage along 5450 West will front said street. The subdivision is located adjacent to agricultural properties along the north and south boundary. City ordinance will require that a 6-foot chain link fence be installed in these locations. In addition, a note will need to be placed on the plat identifying these areas as properties in agricultural use, and may be subject to sights, sounds and odors common to this type of use. There are a number of mature trees within the subdivision boundary and along 5450 West. Similar to other developments along this street, the developer would like to keep as many of these as possible, or at least those that are worth saving. Therefore, the flag lot on the north end of the subdivision has a wider width than is typical. This has been done to preserve the trees along the north boundary. Trees along 5450 West will remain unless they need to be removed to accommodate new street improvements. Care and maintenance of all remaining trees will be the responsibility of new home buyers. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Nordfelt moved to approve Application S-1-2022.  MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -10- Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon No Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Majority. CONSIDER APPLICATION SMI-1-2022, FILED BY CAL JOHNSON, REQUESTING FINAL PLAT APPROVAL FOR THE EL POLLO LOCO SUBDIVISION LOCATED AT 3890 WEST 4700 SOUTH Nicole Cottle, Acting City Manager, discussed proposed application SMI-1-2022, Filed by Cal Johnson, Requesting Final Plat Approval for the El Pollo Loco Subdivision Located at 3890 West 4700 South. Written documentation previously provided to the City Council included information as follows: Legend Engineering, representing Smith’s Food and Drug Center Inc., is requesting final subdivision approval for the El Pollo Loco Subdivision. The subdivision will consist of 2 lots on 7.74 acres located at the southwest corner of the Smiths grocery store at 3890 West 4700 South. The subdivision is being proposed to create an additional lot within the Smith’s grocery site. A conditional use application was approved by West Valley City in 1986 for the Smith’s store and subsequent approvals for ancillary uses such as the fueling station. The new lot will be located east of the 7-11 at the corner of 4700 South and 4000 West and just west of the existing gas pumps. The proposed lot will be used for a new restaurant El Pollo Loco. The new lot will be approximately 24,450 square feet where 20,000 square feet is required. The remaining lot will be just over 7 acres. Access will be gained from existing drive aisles used in conjunction with the grocery store and 7-11. A site plan is being reviewed by staff that will evaluate these  MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -11- points of access as well as other site conditions. Because this application is a commercial subdivision, the purpose of which is to create the lot, staff and agency comments are better addressed through the permitted use process. This application is simply to divide the parcel into a developable lot. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Fitisemanu moved to approve Application SMI-1-2022. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang 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, APRIL 19, 2022 WAS ADJOURNED AT 6:51 P.M. BY MAYOR LANG. 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, April 19, 2022. _______________________________ Nichole Camac, CMC  MINUTES OF COUNCIL REGULAR MEETING APRIL 19, 2022 -12- City Recorder