City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, AUGUST 17, 2021 AT 4:30 P.M. AT WEST VALLEY CITY HALL, MULTIPURPOSE ROOM, 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 (arrived as noted) Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 (electronically) Jake Fitisemanu, Councilmember District 4 (arrived as noted) STAFF PRESENT: Wayne T Pyle, City Manager Nichole Camac, City Recorder Eric Bunderson, City Attorney (electronically) Scott Buchanan, Acting Police Chief (electronically) John Evans, Fire Chief Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director (electronically) Dan Johnson, Public Works Director Jamie Young, Acting Parks and Recreation Director (electronically) John Flores, HR Director Sam Johnson, Strategic Communications Director Mark Nord, RDA Director (electronically) Jake Arslanian, Facilities Manager Nate Webster, RDA Jonathan Springmeyer, RDA Steve Lehman, CED (electronically) Mayor Bigelow indicated that he would like to require masks at Council Meetings and further social distancing in light of recent developments related to COVID-19. The Council discussed a formal rotation of Councilmembers and other possible solutions. Mayor Bigelow indicated that staff will work on a formal proposal and will let Council know by Monday.  MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -2- Councilmember Huynh arrived at 4:33 PM Councilmember Fitisemanu arrived at 4:36 PM APPROVAL OF MINUTES OF STUDY MEETING HELD AUGUST 10, 2021 The Council considered the Minutes of the Study Meeting held August 10, 2021. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Study Meeting held August 10, 2021. Councilmember Huynh seconded the motion. A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDAS FOR REGULAR CITY COUNCIL AND SPECIAL REDEVELOPMENT AGENCY MEETINGS OF AUGUST 17, 2021 Upon inquiry by Mayor Bigelow, members of the Council had no further questions or concerns regarding items listed on the Agendas for the Regular City Council meeting and Special Redevelopment Agency meeting scheduled later this night. PUBLIC HEARINGS SCHEDULED FOR AUGUST 24, 2021 A. ACCEPT PUBLIC COMMENT REGARDING APPLICATION GPZ-13- 2021, FILED BY BRIAN PITCHER, REQUESTING A GENERAL PLAN CHANGE FROM LOW DENSITY RESIDENTIAL (3 TO 4 UNITS/ACRE) TO LIGHT MANUFACTURING AND A ZONE CHANGE FROM R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) TO M (MANUFACTURING) FOR PROPERTY LOCATED AT 4312 SOUTH 4000 WEST AND 4270 SOUTH 4060 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 24, 2021, in order for the City Council to hear and consider public comments regarding application GPZ-13-2021,filed by Brian Pitcher, requesting a General Plan Change from Low Density Residential (3 to 4 Units/Acre) to Light Manufacturing and a Zone Change from R-1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet) to M (Manufacturing) for Property Located at 4312 South 4000 West and 4270 South 4060 West. Proposed Ordinances 21-51 and 21-52 and Resolution 21-152 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 21-51, AMEND THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL (3 TO 4 UNITS/ACRE) TO LIGHT MANUFACTURING FOR PROPERTY LOCATED AT 4312 SOUTH 4000 MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -3- WEST AND 4270 SOUTH 4060 WEST Steve Pastorik, CED Director, discussed proposed Ordinance 21-51 that would amend the General Plan to show a change of land use from low density residential (3 to 4 Units/Acre) to light manufacturing for property located at 4312 South 4000 West and 4270 South 4060 West. Written documentation previously provided to the City Council included information as follows: The subject property includes a triplex, a 12-unit mobile home park, and 12 storage units. According to County Assessor records, the triplex was built in 1950, the mobile home park was built in 1960, and the storage units were built in 1962. Zoning was first adopted in this area in 1965, so no zoning was in place at the time the existing uses were constructed. None of the existing uses conform with the existing R-1-8 zone. The applicant is requesting the M zone to redevelop the property into storage units, which are referred to as self-storage facilities in the ordinance. The M zone is the only zone that allows self-storage facilities. ACTION: ORDINANCE NO. 21-52, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4312 SOUTH 4000 WEST AND 4270 SOUTH 4060 WEST FROM R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) TO M (MANUFACTURING) Steve Pastorik, CED Director, discussed proposed Ordinance 21-52 that would amend the Zoning Map to show a change of Zone for property located at 4312 South 4000 West and 4270 South 4060 West from R-1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet) to M (Manufacturing). Written documentation previously provided to the City Council included information as follows: The subject property includes a triplex, a 12-unit mobile home park, and 12 storage units. According to County Assessor records, the triplex was built in 1950, the mobile home park was built in 1960, and the storage units were built in 1962. Zoning was first adopted in this area in 1965, so no zoning was in place at the time the existing uses were constructed. None of the existing uses conform with the existing R-1-8 zone. MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -4- The applicant is requesting the M zone to redevelop the property into storage units, which are referred to as self-storage facilities in the ordinance. The M zone is the only zone that allows self-storage facilities. ACTION: RESOLUTION NO. 21-152, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH VENTNOR AVENUE, LLC FOR APPROXIMATELY 1.81 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 4312 SOUTH 4000 WEST AND 4270 SOUTH 4060 WEST Steve Pastorik, CED Director, discussed proposed Resolution 21-152 that would authorize the City to enter into a Development Agreement with Ventnor Avenue, LLC for Approximately 1.81 Acres of Property Located at Approximately 4312 South 4000 West and 4270 South 4060 West. Written documentation previously provided to the City Council included information as follows: An application (GPZ-13-2021) was submitted by Brian Pitcher on 1.81 acres to change the zoning from R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 square feet) to M (Manufacturing) and to change the General Plan from Low Density Residential (3 to 4 units/acre) to Light Manufacturing. The Planning Commission recommended approval of the General Plan/zone change application subject to a development agreement. The development agreement includes the following provisions:  With the exception of the property line along 4000 West, buildings may be placed at the property line. Along 4000 West, the minimum required building setback shall apply.  The maximum building height at the property line shall be 12’.  The only use allowed on the property shall be a self-storage facility. The first provision grants a setback exception and allows the storage buildings to be built along the property lines of adjoining residential properties as has been done on other self-storage projects. The other two provisions are protections for the neighboring residential properties to limit the building height and prevent other M zone uses that could conflict with residential. Councilmember Lang stated that there is a gap between the building and the fence  MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -5- and asked if the storage unit proposal can be built directly against the fence to avoid a space where garbage can collect. She also asked if the new building can be required to be constructed at the current grade. Steve replied that both of these items can be addressed by the Council as part of the Development Agreement. Councilmember Lang asked if there will be fencing around the entire project. Steve replied yes and noted that access will only be gained by 4000 West. Councilmember Lang asked if the fencing will be 6 feet while the building will be 12 feet in height. Steve replied yes. Councilmember Lang asked if there is a possibility this property could redevelop into single family homes. Steve replied that he has not heard from any developers who have had interest in single family project at this location. Councilmember Christensen noted that the mobile home park to the south is much more adaptable and better maintained. He asked if the irrigation issues on the property will be addressed by the Development Agreement. Steve replied that these issues will be addressed after zoning is approved and a site plan is submitted for the project. Councilmember Buhler stated that he doesn’t believe this is a good use for this property. He indicated that any changes the Council makes now will be long-term and noted that he doesn’t believe this project is a good fit for the City. He indicated that he does not want to put a band-aid on the problem with something that is not a good long-term solution. Councilmember Buhler stated that things can change over time and he’d like to see redevelopment that is best for the City occur here sometime in the future. Councilmember Huynh and Councilmember Lang agreed. Mayor Bigelow stated that the auto repair shop make the shape of the property for redevelopment difficult. Councilmember Buhler noted that the auto repair shop may not remain forever either. Councilmember Lang stated she would rather see this as a big redevelopment project in the future as opposed to small changes pieced together awkwardly. The City Council will consider Ordinances 21-51 and 21-52 and Resolution 21-152 at the Regular Council Meeting scheduled August 24, 2021 at 6:30 P.M. RESOLUTION 21-153: APPROVE A MEMORANDUM OF UNDERSTANDING AND AGREEMENT BETWEEN THE CITY AND THE UTAH ASSOCIATION OF COUNTIES FOR COLLECTION SERVICES Jim Welch, Finance Director, presented proposed Resolution 21-153 that would approve a Memorandum of Understanding and Agreement between the City and the Utah Association of Counties for Collection Services. Written documentation previously provided to the City Council included information as follows: West Valley City desires to enter into an Agreement with UAC to participate in a collections program administered by the UAC to collect delinquent amounts owed  MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -6- to the City originating from fines, utility bills, orders or other instruments and debts that are at least 90 days delinquent. The program is intended to increase the collection rate of debts owed to West Valley City by working with the Utah Division of Finance. West Valley City will submit to the Clearinghouse a listing of debts that have remained unpaid for over 90 days. The clearing house will then prepare and send out notices to each debtor indicating the intent to use the right of offset as authorized by the Utah Division of Finance to collect the debt for the city by attaching tax rebates, refunds, or other funds to satisfy the obligation. Funds collected through this program will be remitted to the city less a $25 processing fee for each debt collected. No fee is charged unless the collection is successful. The City Council will consider Resolution 21-153 at the Regular Council Meeting scheduled August 24, 2021 at 6:30 P.M. RESOLUTION 21-154: APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE STATE OF UTAH DIVISION OF FINANCE FOR COLLECTION SERVICES Jim Welch, Finance Director, presented proposed Resolution 21-154 that would approve a Memorandum of Understanding Between the City and the State of Utah Division of Finance for Collection Services. Written documentation previously provided to the City Council included information as follows: West Valley City desires to enter into an Agreement with DOF to participate in a collections program administered by the UAC to collect delinquent amounts owed to the City and agrees to be responsible for the accuracy of all records submitted to DOF agrees to other terms of the agreement as outlined. It also indemnifies the DOF for levying state tax refunds and any other actions taken by DOF on behalf of West Valley City. The program is intended to increase the collection rate of debts owed to West Valley City by working with the Utah Division of Finance. West Valley City will submit to the Clearinghouse a listing of debts that have remained unpaid for over 90 days. The clearing house will then prepare and send out notices to each debtor indicating the intent to use the right of offset tax refunds as authorized by the Utah Division of Finance to collect the debt for the city by attaching tax rebates, refunds, or other funds to satisfy the obligation. Funds collected through this program will be remitted to the city less a $25 processing fee for each debt collected. No fee is charged unless the collection is successful.  MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -7- Mayor Bigelow clarified that the $25 fee is added to the cost of the debtor. Jim replied yes. Councilmember Buhler stated that this is a responsible action of the City to collect debts owed. Jim agreed and noted that this service allows the City to collect virtually anything and also stated that debts owed can be repaid through tax refunds as well. The Mayor and Council discussed property tax debts and Jim stated that this service will be used for smaller amounts that don’t make sense pursuing through courts. He indicated that these may be used for things like parking tickets that are over 90 days late. The City Council will consider Resolution 21-154 at the Regular Council Meeting scheduled August 24, 2021 at 6:30 P.M. RESOLUTION 21-155: AUTHORIZE THE CITY TO ENTER INTO A MUTUAL AID AGREEMENT FOR EMERGENCY FIRE AND MEDICAL SERVICES John Evans, Fire Chief, presented proposed Resolution 21-155 that would authorize the City to enter into a Mutual Aid Agreement for Emergency Fire and Medical Services. Written documentation previously provided to the City Council included information as follows: The resources of multiple jurisdictions are often required to respond to emergency events or other urgent needs. This agreements establishes the terms on which each agency agrees to assist the others. The signing agencies intend by this Agreement to commit to assist each other whenever possible, while allowing each agency the sole discretion to determine when its resources cannot be spared for assisting other agencies. The City has participated in similar mutual aid agreements for many years. These agreements have been invaluable in establishing clear guidelines to follow as agencies assist one another. Councilmember Buhler asked how often entities like Park City utilize this service. Chief Evans replied that the recent fire in Parley’s Canyon is the first to his knowledge. The City Council will consider Resolution 21-155 at the Regular Council Meeting scheduled August 24, 2021 at 6:30 P.M. RESOLUTION 21-156: APPROVE A REAL ESTATE PURCHASE AGREEMENT WITH THE UTAH STATE DIVISION OF FACILITIES AND CONSTRUCTION MANAGEMENT FOR PROPERTY LOCATED AT 3636 CONSTITUTION BOULEVARD Jake Arslanian, Facilities Director, presented proposed Resolution 21-156 that would approve a Real Estate Purchase Agreement with the Utah State Division of Facilities and  MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -8- Construction Management for Property Located at 3636 Constitution Boulevard. Written documentation previously provided to the City Council included information as follows: West Valley City is considering the Purchase of the Property owned by the State of Utah for the purpose of relocating the West Valley City Justice Court. The relocation of the Justice Court will provide larger space to make the operation of the court more productive, provide a space for the City Prosecuting office and West Valley City Victims’ Advocates office. This relocation will provide a safer environment and since it is attached to West Valley City Hall, will provide a campus like feel to the Employees and the visiting Patrons. This Purchase will also reduce the parking lot congestion that exist at the old justice court and provide safer and ample parking. The existing Justice Court Building is slated to be demolished to make preparation for future development. This Purchase Agreement will include the following items. All of the Seller’s right, title, and interest in and to all leases, privileges, rights-of-way, easements, and appurtenances, and all other rights appurtenant to or connected with the beneficial use or enjoyment of the Property, including, without limitation, any of the Seller’s right, title, and interest in and to immediately adjacent public streets, roads, alleys, or rights-of-way; all mineral rights, if any; all surveys in the Seller’s possession or control relating to the Property; and all soils and other geological or environmental studies, investigations, and reports, engineering studies and reports, wetlands information and reports, and landscaping plans and specifications in the Seller’s possession or control relating to the Property. We will commence remodeling the property ASAP after taking possession. Councilmember Buhler verified this would be less expensive than purchasing a new building. Wayne replied yes. Councilmember Nordfelt asked what the length of expected life is. Jake replied the that the building is rated for a 50 year lifespan but noted that remodels and upgrades can lengthen that. Jake updated the Mayor and Council on the façade remodel currently occurring. Councilmember Nordfelt asked if handicap access will be improved. Jake replied yes and noted that the ADA ramp will be widened, as well as the sidewalk. The City Council will consider Resolution 21-156 at the Regular Council Meeting scheduled August 24, 2021 at 6:30 P.M. RESOLUTION 21-157: AUTHORIZE THE EXECUTION OF A REIMBURSEMENT AGREEMENT BETWEEN WEST VALLEY CITY AND GRANGER-HUNTER IMPROVEMENT DISTRICT FOR CERTAIN WASTEWATER IMPROVEMENTS  MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -9- Dan Johnson, Public Works Director, presented proposed Resolution 21-157 that would authorize the Execution of a Reimbursement Agreement Between West Valley City and Granger-Hunter Improvement District for Certain Wastewater Improvements. Written documentation previously provided to the City Council included information as follows: Granger Hunter Improvement District has procured construction services for the replacement of the Pioneer Wastewater Pump Station, with the new pump station being constructed on a parcel located at 2184 S Constitutional Blvd. A portion of the work proposed by the District is the installation of a new sewer line in Constitution Blvd which would require the removal of a portion of the box culvert over the Brighton Canal. The Brighton Canal has ceased operation north of 2770 South and GHID has secured the rights to use a portion of the canal easement land adjacent to the GHID property. With the termination of canal water conveyance, this bridge along with many others becomes unnecessary. The unused canal bridges should be removed as opportunities present themselves to eliminate potential nuisance problems. Due to the need to remove a portion of the bridge for the installation of the sewer line, the Public Works Department asked the District to include the removal of the rest of the bridge with their project, along with some miscellaneous drainage work associated with the bridge removal. As part of the work, the road will also be reconstructed and restored in the area impacted by the bridge removal. Under this agreement, West Valley City agrees to pay 60% of the construction cost of the identified items of work, along with 60% of the engineering costs associated with the design of the requested work. The reimbursement to GHID is $204,312 for construction costs and $11,220 for design costs, for a total of $215,532. The City Council will consider Resolution 21-157 at the Regular Council Meeting scheduled August 24, 2021 at 6:30 P.M. CONSENT AGENDA SCHEDULED FOR AUGUST 24, 2021 A. RESOLUTION 21-158: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM RAMON CORTES AND ARACELI GAYOSSO FOR PROPERTY LOCATED AT 5101 WEST EAGLE WOOD DRIVE Mayor Bigelow discussed proposed Resolution 21-158 that would authorize the City  MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -10- to Enter Into a Real Estate Purchase Agreement and Accept a Perpetual Easement and a Temporary Construction Easement With and From Ramon Cortes and Araceli Gayosso for Property Located at 5101 West Eagle Wood Drive Written documentation previously provided to the City Council included information as follows: The Ramon Marquez Cortes and Araceli Lopez Gayosso parcel located at 5101 W. Eagle 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 Perpetual Easement and a Temporary Construction Easement and improvements is $9,100.00 based upon the Administrative Compensation Estimate prepared by Horrocks Engineering. 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 Perpetual Easement and a Temporary Construction Easement is $9,100.00, making the West Valley City share of the acquisition $616.07. Upon inquiry, there were no further questions or concerns expressed by members of the City Council. The City Council will consider Resolution 21-158 at the Regular Council Meeting scheduled August 24, 2021, at 6:30 P.M. NEW BUSINESS SCHEDULED FOR AUGUST 24, 2021 A. CONVENE AS A BOARD OF CANVASSERS FOR THE MUNICPAL PRIMARY ELECTION HELD AUGUST 10, 2021 RESOLUTION 21-159: ACCEPT AND APPROVE THE RESULTS OF THE MUNICIPAL PRIMARY ELECTION HELD AUGUST 10, 2021 AS SHOWN ON THE CANVASS REPORT Mayor Bigelow presented proposed Resolution 21-159 that would accept and  MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -11- approve the results of the Municipal Primary Election held August 10, 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 Primary Election no sooner than seven days and no later than 14 days after the election. Upon inquiry, there were no further questions or concerns expressed by members of the City Council. The City Council will consider Resolution 21-159 at the Regular Council Meeting scheduled August 24, 2021, at 6:30 P.M. COMMUNICATIONS A. CHAMBERWEST UPDATE Nate Webster, RDA, stated that his job is to communicate with new businesses and work with existing businesses to renew their business licenses. He indicated that the RDA department emails, mails, and meets in person weekly with all businesses. He stated this helped significantly during the pandemic. Nate stated that he works very closely with ChamberWest and participates in many of their committees. He noted that the Chamber and City staff work closely together to bring businesses to West Valley City and maintain them. Nate detailed recent events held by ChamberWest including the GALA, golf tournament, job fair, and various grand openings. He expressed the importance of a continued partnership. The Mayor and Council had no further questions or concerns. B. COUNCIL CALENDAR Mayor Bigelow referenced a Memorandum previously received from the City Manager that outlined upcoming meetings and events. Members of the City Council had no further questions regarding the Council Update. NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS  MINUTES OF COUNCIL STUDY MEETING – AUGUST 17, 2021 -12- Mayor Bigelow stated that he feels the Council should further discuss noise ordinance concerns and requested that it be added to the next agenda as a communication item. Councilmember Lang indicated that she received an email from a resident concerned about garbage pick-up time and information being provided to residents. Wayne indicated that staff will clarify. B. COUNCIL REPORTS COUNCILMEMBER CHRISTENSEN- WESTERN GROWTH Councilmember Christensen attended western growth and there was an air quality report. He indicated that it will get worse and teleworking is being encouraged. MAYOR BIGELOW- RENEWABLE ENERGY/REDISTRICTING Mayor Bigelow stated he attended a meeting and someone asked if West Valley was at 100% renewable energy. He stated that his reply was no but that the City is working hard to get there. Mayor Bigelow indicated that he also attended meetings regarding redistricting and noted that the national counts are in. 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 AUGUST 24, 2021 WAS ADJOURNED AT 5:54 PM BY MAYOR BIGELOW. 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, August 24, 2021. _______________________________ Nichole Camac, CMC City Recorder