City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, MAY 3, 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 Tom Huynh, Councilmember District 1 Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 ABSENT: Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Wayne Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/ General Counsel Eric Bunderson, City Attorney (electronically) Colleen Jacobs, Police Chief 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 Sam Johnson, Strategic Communications Director (electronically) OPENING CEREMONY- COUNCILMEMBER SCOTT HARMON Councilmember Harmon stated that he spent the last 10 days out of the Country and overheard someone complaining about America. He stated that the complaint was something simple, that America doesn’t have universal tap to pay credit card machines. He indicated that he is thankful to be home and to remember that the last line of the Pledge of Allegiance includes the word liberty and justice and he stated that for him, this means not  MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -2- just a collective liberty and justice, but an individual right to freedom. He asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD APRIL 26, 2022 The Council considered the Minutes of the Regular Meeting held April 26, 2022. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held April 26, 2022. Councilmember Harmon seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock stated that he attended the Arbor Day tree planting event. He indicated that he would like the City to look at water awareness on residential properties. Mr. Vesock stated that he believes the program mod updates should be available for the public to view. B. CITY MANAGER COMMENTS Wayne Pyle, 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 GPZ-3-2022, FILED BY MARIA ELENA DUBON, REQUESTING A GENERAL PLAN ZONE CHANGE FROM NON-RETAIL COMMERCIAL TO GENERAL COMMERCIAL AND A ZONE CHANGE FROM RB (RESIDENTIAL BUSINESS) TO C-2 (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT 4543 AND 4547 SOUTH 4000 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 3, 2022, in order for the City Council to hear and consider public comments regarding application GPZ-3-2022, Filed by Maria Elena Dubon requesting a General Plan Zone Change from Non-Retail Commercial to General Commercial and a Zone Change from RB (Residential Business) to C-2 (General Commercial) for Property Located at 4543 and 4547 South 4000 West. Written documentation previously provided to the City Council included information as follows: The applicant submitted this application with plans to build a new MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -3- restaurant on the subject property. The existing structures on the property would be demolished. As part of the application review, Public Works indicated that the proposed curb cut along 4000 West was too close to the curb cut to the south. They suggested that the applicant work with the landowner to the south to share the existing access. The applicant contacted the landowner to the south about sharing the existing access. The landowner was open to sharing the access at a cost. The applicant then spoke with her lender to see if she could borrow additional funds for the access to which the lender indicated no. The applicant told the lender that without the additional funds for the access the project would only have one access. The lender then indicated that no funds would be loaned if the project would have only one access. Given the applicant’s situation with her lender and the fact that she is under contract to purchase the property, the applicant is now requesting that her application be denied. 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. 22-18, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM NON-RETAIL COMMERCIAL TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT 4543 AND 4547 SOUTH 4000 WEST ON 0.73 ACRES The City Council previously held a public hearing regarding proposed Ordinance 22-18 that would amend the General Plan to Show a Change of Land Use from Non-Retail Commercial to General Commercial for Property Located at 4543 and 4547 South 4000 West on 0.73 Acres. 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 deny Ordinance 22-18. Councilmember Huynh seconded the motion. A roll call vote was taken: Councilman Fitisemanu N/A Councilman Whetstone Yes Councilman Harmon Yes  MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -4- Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. Denied. ACTION: ORDINANCE NO. 22-19, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4543 AND 4547 SOUTH 4000 WEST ON 0.73 ACRES FROM RB (RESIDENTIAL BUSINESS) TO C-2 (GENERAL COMMERCIAL) The City Council previously held a public hearing regarding proposed Ordinance 22-19 that would amend the Zoning Map to Show a Change of Zone for Property Located at 4543 and 4547 South 4000 West on 0.73 Acres from RB (Residential Business) to C-2 (General Commercial). 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 deny Ordinance 22-19. Councilmember Huynh seconded the motion. A roll call vote was taken: Councilman Fitisemanu N/A Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. Denied. B. ACCEPT PUBLIC INPUT REGARDING THE WEST VALLEY CITY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AND BUDGET PROPOSAL ON RECOMMENDED PROJECTS FOR FISCAL YEAR 2022-2023 Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 3, 2022, in order for the City Council to hear and consider public comments regarding the West Valley City Community Development Block MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -5- Grant (CDBG) Annual Action Plan and Budget Proposal on Recommended Projects for Fiscal Year 2022-2023. Written documentation previously provided to the City Council included information as follows: Each year West Valley City receives grant funds from the U.S. Department of Housing and Urban Development (HUD) through the CDBG program. Before HUD will approve any CDBG expenditures we must have an approved Annual Action Plan describing our goals for the programs with a budget listing the projects we intend to fund with CDBG for the 2022-2023 fiscal year. We have created an Annual Action Plan and budget proposal that meets the goals and federal guidelines of these funds. The City has made its Annual Action Plan and budget proposal available for public review and a public hearing was held on May at 6:30 p.m. in the West Valley City Council Chambers, to allow for public comment. The Community Development Block Grant (CDBG) funds West Valley City with an estimated $1,075,000 annually to run programs pertaining to Low-Moderate income individuals and families. Estimated CDBG Program Income (PI) generated from the CDBG Home Rehabilitation Program payments will be approximately $25,000. PI offsets the funds allocated to West Valley City CDBG program from HUD and must be reinvested into the CDBG program’s eligible projects. The Public Service projects and the Administration costs are capped by HUD, with no more than 15% of the total allocation going to Public Services projects and no more than 20% going toward Administration and operating expenses. The recommendations for funding have been made in consultation with the City Manager and are presented to City Council. Recommendations must be in line with the City’s CDBG 5-year Consolidated Plan and HUD’s regulations. Mayor Lang opened the Public Hearing. Jeanie Ashby, The Inn Between, stated that they are not recommended for consideration this year but hope to be considered again in the future. She indicated that she respects the process and understands that other worthy entities were granting funding. Ms. Ashby detailed the Inn Between program and the need it has for funding to care for homeless residents at the end of their lives. Nicholas Webster, Big Brothers Big Sisters, stated that their program offers one to one youth mentoring. He stated that it is difficult to quantify the success this MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -6- program has because it works to stop children from engaging in behavior that would lead to arrests, domestic violence situations, etc. Mr. Webster described the importance of the program and how it functions. Baylee White, Road Home, provided an updated on the Road Home program and goals for the coming year. Josie White, South Valley City Services, thanked the City for their consideration and noted that the partnership with West Valley City is valuable. She described the program and services provided. Mayor Lang closed the Public Hearing. ACTION: RESOLUTION NO. 22-80, APPROVE AN ANNUAL ACTION PLAN AND THE WEST VALLEY CITY COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET PROPOSAL AND RECOMMENDED PROJECTS FOR FISCAL YEAR 2022-2023 The City Council previously held a public hearing regarding proposed Resolution 22-80 that would approve an Annual Action Plan and the West Valley City Community Development Block Grant Budget Proposal and Recommended Projects for Fiscal Year 2022-2023. 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 Resolution 22-80. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu N/A Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous.  MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -7- C. ACCEPT PUBLIC COMMENT REGARDING THE CONDEMNATION OF REAL PROPERTY OWNED BY VALLEY CROSSROADS, INC. LOCATED AT 4860 WEST 4700 SOUTH Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 3, 2022, in order for the City Council to hear and consider public comments regarding the Condemnation of Real Property Owned by Valley Crossroads, Inc. Located at 4860 West 4700 South. Written documentation previously provided to the City Council included information as follows: The Valley Crossroads, Inc. parcel located at 4860 West 4700 South 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. Proposed compensation for the purchase of two Warranty Deeds, Temporary Construction Easement, Public Utility Easement and improvements is $160,900.00 based upon the appraisal report prepared by Van Drimmelen Associates, Inc. Funds in the amount of $160,900.00 will be deposited in escrow pending the final resolution of the acquisition. Counsel for the property owner has indicated eminent domain action is required. 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 Deeds, Temporary Construction Easement and the Public Utility Easement is $160,900.00, making the West Valley City share of the acquisition $10,892.93. Mayor Lang opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Lang closed the Public Hearing. ACTION: RESOLUTION NO. 22-81, AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, PROPERTY INTERESTS FROM VALLEY CROSSROADS, INC. FOR PROPERTY LOCATED AT APPROXIMATELY 4860 WEST 4700 SOUTH The City Council previously held a public hearing regarding proposed Resolution 22-81 that would authorize the City to Acquire, by Negotiation or Condemnation,  MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -8- Property Interests from Valley Crossroads, Inc. for Property Located at Approximately 4860 West 4700 South. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Christensen moved to approve Resolution 22-81. Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu N/A Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. D. ACCEPT PUBLIC COMMENT REGARDING THE CONDEMNATION OF REAL PROPERTY OWNED BY SALT LAKE VALLEY MENTAL HEALTH BOARD LOCATED AT 4980 WEST 4700 SOUTH Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 3, 2022, in order for the City Council to hear and consider public comments regarding the Condemnation of Real Property Owned by Salt Lake Valley Mental Health Board Located at 4980 West 4700 South. Written documentation previously provided to the City Council included information as follows: The Salt Lake Valley Mental Health Board, Incorporated parcel located at 4980 West 4700 South 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. Proposed compensation for the purchase of the Warranty Deed, Perpetual Easement, Temporary Construction Easement, Public Utility Easement and improvements is MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -9- $44,500.00 based upon the appraisal report prepared by Van Drimmelen Associates, Inc. Funds in the amount of $44,500.00 will be deposited in escrow pending the final resolution of the acquisition. Counsel for the property owner has indicated eminent domain action is required. 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, Temporary Construction Easement and the Public Utility Easement is $44,500.00, making the West Valley City share of the acquisition $3,012.65. Mayor Lang opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Lang closed the Public Hearing. ACTION: RESOLUTION NO. 22-82, AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, PROPERTY INTERESTS FROM SALT LAKE VALLEY MENTAL HEALTH BOARD FOR PROPERTY LOCATED AT APPROXIMATELY 4980 WEST 4700 SOUTH The City Council previously held a public hearing regarding proposed Resolution 22-82 that would authorize the City to Acquire, by Negotiation or Condemnation, Property Interests from Salt Lake Valley Mental Health Board for Property Located at Approximately 4980 West 4700 South. 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 22-82. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu N/A Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes  MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -10- Mayor Lang Yes Unanimous. RESOLUTION 22-83: ADOPT A TENTATIVE BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2022 AND ENDING JUNE 30, 2023 AND SET AUGUST 9, 2022 AS THE DATE FOR A PUBLIC BUDGET HEARING Wayne Pyle, City Manager, presented proposed Resolution 22-83 that would adopt a Tentative Budget for the Fiscal Year Commencing July 1, 2022 and Ending June 30, 2023 and Set August 9, 2022 as the Date for a Public Budget Hearing. Written documentation previously provided to the City Council included information as follows: This resolution adopts the tentative budget for West Valley City for the 2022-2023 fiscal year and sets a date for public comment at a hearing to be held on August 9, 2022. West Valley City will adopt a tentative 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 tentative budget for FY 2022-2023. 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 22-83. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu N/A Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. CONSENT AGENDA  MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -11- A. RESOLUTION 22-84: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT TWO WARRANTY DEEDS AND TWO TEMPORARY CONSTRUCTION EASEMENTS WITH AND FROM GREENBRIAR HOMEOWNERS ASSOCIATION I, INC. FOR PROPERTY LOCATED AT 5000 WEST 3100 SOUTH Wayne Pyle discussed proposed Resolution 22-84 that would authorize the City to Enter Into a Right of Way Purchase Agreement and Accept Two Warranty Deeds and Two Temporary Construction Easements With and From Greenbriar Homeowners Association I, Inc. for Property Located at 5000 West 3100 South. Written documentation previously provided to the City Council included information as follows: The Greenbriar Homeowners Association I, Inc. property is one of nine properties affected by the 3100 South ATP Overlay Project. The project will include roto-milling and overlaying the asphalt on 3100 South from 4000 West to 5600 West. This project will also require the removal and replacement of pedestrian ramps to meet current ADA standards. The Warranty Deeds and Temporary Construction Easements will facilitate construction of the pedestrian ramps. Compensation in the amount of $4,400.00 was based upon land values for properties in the area. B. RESOLUTION 22-85: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM MICHAEL AND CHERI MILNE FOR PROPERTY LOCATED AT 3112 SOUTH TOLIN STREET Wayne Pyle discussed proposed Resolution 22-85 that would authorize the City to Enter Into a Right of Way Purchase Agreement and Accept a Warranty Deed and Temporary Construction Easement With and From Michael and Cheri Milne for Property Located at 3112 South Tolin Street. Written documentation previously provided to the City Council included information as follows: The Michael H. Milne and Cheri A. Milne property is one of nine properties affected by the 3100 South ATP Overlay Project. The project will include roto-milling and overlaying the asphalt on 3100 South from 4000 West to 5600 West. This project will also require the removal and replacement of pedestrian ramps to meet current ADA standards.  MINUTES OF COUNCIL REGULAR MEETING MAY 3, 2022 -12- The Warranty Deed and Temporary Construction Easement will facilitate construction of the pedestrian ramps. Compensation in the amount of $500.00 was negotiated based upon land values for properties in the area. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Christensen moved to approve all items on the Consent Agenda. Councilmember Huynh seconded the motion. A roll call vote was taken: Councilman Fitisemanu N/A 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, MAY 3, 2022 WAS ADJOURNED AT 7:01 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, May 3, 2022. _______________________________ Nichole Camac, CMC City Recorder