City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – MAY 25, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, MAY 25, 2021. PRIOR TO THE BEGINNING OF THE REGULAR STUDY MEETING, THE MAYOR AND CITY COUNCIL PARTICIPATED IN A RIBBON CUTTING EVENT AT PARKWAY PARK LOCATED AT 3405 PARKWAY BLVD. THIS EVENT WAS HELD VIRTUALLY AND IN PERSON AND BEGAN AT 3:30 PM. THE REGULAR CITY COUNCIL MEETING BEGAN AT 4:30 P.M. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE MEETING WAS HELD ELECTRONICALLY VIA ZOOM. THE FOLLOWING MEMBERS WERE PRESENT ELECTRONICALLY: 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: Nicole Cottle, Acting City Manager Nichole Camac, City Recorder Eric Bunderson, City Attorney Robert Hamilton, Acting Police Chief John Evans, Fire Chief Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director Russ Willardson, Public Works Director Nancy Day, Parks and Recreation Director John Flores, HR Director Sam Johnson, Strategic Communications Director APPROVAL OF MINUTES OF STUDY MEETING HELD MAY 18, 2021 The Council considered the Minutes of the Study Meeting held May 18, 2021. There were no changes, corrections or deletions.  MINUTES OF COUNCIL STUDY MEETING – MAY 25, 2021 -2- Councilmember Fitisemanu moved to approve the Minutes of the Study Meeting held May 18, 2021. Councilmember Lang seconded the motion. A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDA FOR REGULAR CITY COUNCIL MEETING OF MAY 25, 2021 Upon inquiry by Mayor Bigelow, members of the Council had no further questions or concerns regarding items listed on the Agenda for the Regular City Council meeting scheduled later this night. PUBLIC HEARINGS SCHEDULED FOR JUNE 1, 2021 A. ACCEPT PUBLIC INPUT REGARDING RE-OPENING THE FY 2020-2021 BUDGET Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled June 1, 2021, in order for the City Council to hear and consider public comments regarding re-opening the FY 2020-2021 Budget. Proposed Ordinance 21-28 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 21-28, AMEND THE BUDGET OF WEST VALLEY CITY FOR THE FISCAL YEAR BEGINNING JULY 1, 2020 AND ENDING JUNE 30, 2021 TO REFLECT CHANGES IN THE BUDGET FROM INCREASED REVENUES AND AUTHORIZE THE DISBURSEMENT OF FUNDS Mayor Bigelow discussed proposed Ordinance 21-28 that would amend the Budget of West Valley City for the Fiscal Year beginning July 1, 2020 and ending June 30, 2021 to reflect changes in the budget from increased revenues and authorize the disbursement of funds. Written documentation previously provided to the City Council included information as follows: State Statute Title 10, Chapter 6, Utah Code Annotated 1953, as amended, allows the City of West Valley to amend its budget during the year. The West Valley City holds public hearings on budget amendments on a quarterly basis each fiscal year.  MINUTES OF COUNCIL STUDY MEETING – MAY 25, 2021 -3- A Public Notice was posted May 20, 2021 in public view at City Hall, the Family Fitness Center and UCCC; also, posted on the Public Notice Website and West Valley City’s Website. Notice was given that a public hearing is to be held June 1, 2021 at 6:30 p.m. The City Council will consider Ordinance 21-28 at the Regular Council Meeting scheduled June 1, 2021 at 6:30 P.M. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-3-2021, FILED BY WEST VALLEY CITY, REQUESTING A ZONE TEXT CHANGE TO ENACT PART 17-2-1200P REGULATING LODGING FACILITIES Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled June 1, 2021, in order for the City Council to hear and consider public comments regarding Application ZT-3-2021, filed by West Valley City, requesting a Zone Text Change to enact part 17-2-1200P regulating lodging facilities. Proposed Ordinance 21-29 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 21-29, ENACT PART 17-2-1200P REGULATING LODGING FACILITIES Steve Pastorik, CED Director, discussed proposed Ordinance 21-29 that would enact Part 17-2-1200P regulating lodging facilities. Written documentation previously provided to the City Council included information as follows: The proposed ordinance change would prohibit lodging facilities from leasing more than half of their rooms to single entity for more than thirty days per calendar year. This change addresses two issues. First, lodging facilities are intended to provide short-term lodging for business and leisure travelers. Having a single entity reserve a majority of the rooms within a lodging facility for more than 30 days changes the nature of a lodging facility and precludes short-term lodging for business and leisure travelers. Second, having the majority of rooms within a lodging facility leased by a single entity for an extended period of time could lead to the lodging facility effectively becoming an apartment complex. With the exceptions of the Mixed Use and City Center zones, apartments and lodging facilities are not allowed in the same zone. Councilmember Huynh stated that he feels this is a good proposed change and is  MINUTES OF COUNCIL STUDY MEETING – MAY 25, 2021 -4- appreciative of staff’s work. The City Council will consider Ordinance 21-29 at the Regular Council Meeting scheduled June 1, 2021 at 6:30 P.M. C. ACCEPT PUBLIC COMMENT REGARDING APPLICATION GPZ-4-2021, FILED BY WEST VALLEY CITY, REQUESTING AMENDMENTS TO THE GENERAL PLAN AND REZONING OF CERTAIN PROPERTIES IN WEST VALLEY CITY Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled June 1, 2021, in order for the City Council to hear and consider public comments regarding application GPZ-4-2021, filed by West Valley City, requesting amendments to the General Plan and rezoning of certain properties in West Valley City. Proposed Ordinances 21-30 and 21-31 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 21-30, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM VARIOUS LAND USE DESIGNATIONS TO LARGE LOT RESIDENTIAL, LOW DENSITY RESIDENTIAL, OR NEIGHBORHOOD COMMERCIAL FOR PROPERTY LOCATED AT VARIOUS LOCATIONS Steve Pastorik, CED Director, discussed proposed Ordinance 21-30 that would amend the General Plan to show a change of land use from various land use designations to Large Lot Residential, Low Density Residential, or Neighborhood Commercial for property located at various locations. Written documentation previously provided to the City Council included information as follows: The Utah Legislature recently passed HB 98 that, among other things, removed cities’ ability to regulate most building design standards for a one to two family dwelling or townhome where no development agreement exists. Most vacant properties in the City planned for residential use either have a development agreement that includes building design standards or they are within an agricultural zone where staff anticipates a development agreement upon a future zone change. The subject properties do not have a development agreement and are zoned R-1-6, R-1-8, R-1-12 or RM. The properties zoned R-1 could be developed as single unit dwellings without many of the City’s building design standards once HB 98 becomes MINUTES OF COUNCIL STUDY MEETING – MAY 25, 2021 -5- effective. The properties zoned RM could be developed as townhomes without many of the City’s building design standards once HB 98 becomes effective. Staff’s original list of properties included the Sonrise Baptist Church parcel at 3550 S 4400 W which is zoned RM. Upon hearing about the proposed zone change, the owner agreed to a development agreement where any future multi-unit residential development would follow the City’s current design standards. This development agreement was approved by the City Council on April 13th. ACTION: ORDINANCE NO. 21-31, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT VARIOUS LOCATIONS FROM VARIOUS ZONES TO ZONE 'A' OR 'C-1' Steve Pastorik, CED Director, discussed proposed Ordinance 21-31 that would amend the Zoning Map to show a change of Zone for property located at various locations from various zones to zone 'A' or 'C-1'. Written documentation previously provided to the City Council included information as follows: The Utah Legislature recently passed HB 98 that, among other things, removed cities’ ability to regulate most building design standards for a one to two family dwelling or townhome where no development agreement exists. Most vacant properties in the City planned for residential use either have a development agreement that includes building design standards or they are within an agricultural zone where staff anticipates a development agreement upon a future zone change. The subject properties do not have a development agreement and are zoned R-1-6, R-1-8, R-1-12 or RM. The properties zoned R-1 could be developed as single unit dwellings without many of the City’s building design standards once HB 98 becomes effective. The properties zoned RM could be developed as townhomes without many of the City’s building design standards once HB 98 becomes effective. Staff’s original list of properties included the Sonrise Baptist Church parcel at 3550 S 4400 W which is zoned RM. Upon hearing about the proposed zone change, the owner agreed to a development agreement where any future multi-unit residential development would follow the City’s current design standards. This development agreement was approved by the City Council on April 13th.  MINUTES OF COUNCIL STUDY MEETING – MAY 25, 2021 -6- Councilmember Buhler asked if there are any additional properties that will need to be rezoned. Steve replied that there will be no additional properties that need to be addressed as part of HB 98. The City Council will consider Ordinances 21-30 and 21-31 at the Regular Council Meeting scheduled June 1, 2021 at 6:30 P.M. CONSENT AGENDA SCHEDULED FOR JUNE 1, 2021 A. RESOLUTION 21-85: AUTHORIZE THE CITY TO APPROVE A DELAY AGREEMENT WITH TR WEST VALLEY, LLC TO DELAY CERTAIN IMPROVEMENTS AT 6862 WEST 2100 SOUTH Mayor Bigelow discussed proposed Resolution 21-85 that would authorize the City to approve a Delay Agreement with TR West Valley, LLC to delay certain improvements at 6862 West 2100 South. Written documentation previously provided to the City Council included information as follows: TR West Valley, LLC has requested to delay the installation of off-site improvements on the SR-201 North Frontage Road at 6862 W 2100 S as required by ordinance for their proposed site improvements. Off-site improvements include the installation of curb, gutter, and sidewalk, asphalt pavement widening and streetlights. Presently, there are no adjoining roadway improvements along this property. Postponing the construction of the required improvements would allow time for additional development to provide similar adjoining improvements and would eliminate the creation of drainage problems. B. RESOLUTION 21-86: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED, A PERPETUAL EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM THE DONNA RAE HOGAN FAMILY TRUST FOR PROPERTY LOCATED AT 2717 WEST BEDFORD ROAD Mayor Bigelow discussed proposed Resolution 21-86 that would authorize the City to enter into a Right of Way Purchase Agreement and accept a Warranty Deed, a Perpetual Easement, and a Temporary Construction Easement with and from the Donna Rae Hogan Family Trust for Property Located at 2717 West Bedford Road. Written documentation previously provided to the City Council included  MINUTES OF COUNCIL STUDY MEETING – MAY 25, 2021 -7- information as follows: This portion of the Donna Rae Hogan Family Trust parcel located at 2717 W. Bedford Road is being acquired as part of the 2700 West Improvement Project Phase 2, scheduled to be constructed in 2020. This project will include construction of sidewalk, textured colored concrete parkstrip, street trees, and decorative street lighting along the west side of Constitution Boulevard (2700 West) from 4100 South to 4700 South. The project will also include an eight-foot tall decorative concrete post and panel wall along those properties with backyards facing Constitution Boulevard. The acquisition from the Donna Rae Hogan Family Trust includes a Warranty Deed for 44 square feet of land, a Perpetual Easement for the wall and a Temporary Construction Easement. Compensation in the amount of $6,000.00 was negotiated based upon the Appraisal Report prepared by the Fortis Group LLC which indicated a value of $5,400.00. C. RESOLUTION 21-87: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM STAFFORD PROPERTIES, LLC FOR PROPERTY LOCATED AT 4323 SOUTH STAFFORD WAY Mayor Bigelow discussed proposed Resolution 21-87 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 Stafford Properties, LLC for property located at 4323 South Stafford Way. Written documentation previously provided to the City Council included information as follows: This portion of the Stafford Properties, LLC parcel located at 4323 S. Stafford Way is being acquired as part of the 2700 West Improvement Project Phase 2, scheduled to be constructed in 2021. This project will include construction of sidewalk, textured colored concrete parkstrip, street trees, and decorative street lighting along the west side of Constitution Boulevard (2700 West) from 4100 South to 4700 South. The project will also include an eight-foot tall decorative concrete post and panel wall along those properties with backyards facing Constitution Boulevard. The acquisition from Stafford Properties, LLC includes a Perpetual Easement for the wall and a Temporary Construction Easement. Compensation in the amount of $7,100.00 is based upon the Appraisal Report prepared by the Fortis Group LLC.  MINUTES OF COUNCIL STUDY MEETING – MAY 25, 2021 -8- Upon inquiry, there were no further questions or concerns expressed by members of the City Council. The City Council will consider Resolutions 21-85 through 21-87 at the Regular Council Meeting scheduled June 1, 2021, at 6:30 P.M. COMMUNICATIONS A. ADMINISTRATIVE AND LEGISLATIVE DECISIONS TRAINING VIDEO AND DISCUSSION A video was played that displayed Brandon Hill, Deputy City Attorney, discussing the difference between Legislative and Administrative decisions made by the City Council. Councilmember Buhler stated that he has seen occasions where he didn’t like a subdivision but had to approve it because it was an administrative action. He suggested removing these types of applications from the voting agenda since the Council has no discretion. Steve Pastorik explained how zone changes and Development Agreement’s are tied to subdivisions. Councilmember Lang stated that she likes to have a second chance to view subdivisions and would not be comfortable with this change. Councilmember Lang added that she would like to hear from the developer in study meeting on zone changes so the Council can negotiate any potential changes. Nicole replied that if the Council would like, they can allow developers to speak in Study Meeting as part of their policy. She noted that the Council has maintained the current policy for the purpose of maintaining a clean record. Councilmember Nordfelt noted that he likes the idea of removing administrative decisions from the Council agendas. However, he noted that he would not be comfortable allowing developers to speak in Study Meeting without also allowing the public an opportunity to make comment. Mayor Bigelow agreed that this could be poorly perceived by the public. Councilmember Buhler suggested lengthening zone change processes by one week. He stated that there could be a Study Meeting one week, a public hearing the following week for the developers as well as residents, and then a meeting for voting the 3rd week. He indicated that he would also like to see administrative actions, such as subdivisions, removed from Council agendas since these must legally be approved and the Council has no discretion. Mayor Bigelow asked staff to research other Cities that don’t vote on administrative actions. B. COUNCIL CALENDAR Mayor Bigelow referenced a Memorandum previously received from the City Manager that outlined upcoming meetings and events.  MINUTES OF COUNCIL STUDY MEETING – MAY 25, 2021 -9- Mayor Bigelow stated that there will be no WestFest parade this year due to Covid. He indicated that this will hopefully resume next year. Members of the City Council had no further questions regarding the Council Update. NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS Mayor Bigelow stated that the current statement for public meetings provides for electronic meetings only. He noted that this no anchor location notice expires May 30 and questioned whether the Council wanted to allow for the public to attend in person meetings again. Mayor Bigelow stated that the zoom aspect of the meeting can continue and staff, as well as Councilmembers and the public, can still participate electronically if they desire. He indicated that this change would simply allow residents to attend in person if they wished. Councilmember Buhler stated that he would be comfortable with this change. Mayor Bigelow asked if the Council would still require masks and social distancing. Councilmember Buhler stated that the CDC has stated that vaccinated citizens no longer need to wear masks in social settings. He indicated that he feels the Council should encourage people to wear their masks and socially distance but not require it. B. COUNCIL REPORTS N/A C. REVIEW AGENDAS FOR THE REGULAR REDEVELOPMENT AGENCY, HOUSING AUTHORITY, AND MUNICIPAL BUILDING AUTHORITY MEETINGS SCHEDULED JUNE 1, 2021 Mayor Bigelow stated that all items on these agendas are budget openings and adoptions of the tentative budget. The Council had no further questions or concerns. 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 STUDY MEETING ON TUESDAY MAY 25, 2021 WAS ADJOURNED AT 5:29 PM BY MAYOR BIGELOW.  MINUTES OF COUNCIL STUDY MEETING – MAY 25, 2021 -10- I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Study Meeting of the West Valley City Council held Tuesday, May 25, 2021. _______________________________ Nichole Camac, CMC City Recorder