City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – OCTOBER 19, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, OCTOBER 19, 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 (electronically) (arrived as noted) Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 (arrived as noted) Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne T Pyle, City Manager (electronically) Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney Scott Buchanan, Acting Police Chief (electronically) John Evans, Fire Chief (electronically) Scott Freckleton, Acting Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director (electronically) Coby Wilson, Acting Public Works Director Nancy Day, Parks and Recreation Director John Flores, HR Director Sam Johnson, Strategic Communications Director Ken Cushing, IT Andrew Wallentine, Parks and Recreation APPROVAL OF MINUTES OF STUDY MEETING HELD OCTOBER 12, 2021 The Council considered the Minutes of the Study Meeting held October 12, 2021. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Study Meeting held October 12, 2021. Councilmember Christensen seconded the motion.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 19, 2021 -2- A voice vote was taken and all members voted in favor of the motion. Councilmember Lang arrived at 4:31 PM. REVIEW AGENDA FOR REGULAR CITY COUNCIL MEETING OF OCTOBER 19, 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. PROCLAMATIONS A. PROCLAMATION DECLARING NOVEMBER 1, 2021 AS "EXTRA MILE DAY" IN WEST VALLEY CITY Mayor Bigelow stated that the Council will consider a Proclamation Declaring November 1, 2021 as “Extra Mile Day” in West Valley City at the November 1, 2021 Regular City Council Meeting. PUBLIC HEARINGS SCHEDULED FOR OCTOBER 26, 2021 A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-5-2021, FILED BY PETERSEN STAGGS ARCHITECTS, LLP, REQUESTING A ZONE TEXT CHANGE TO AMEND STANDARDS FOR FAST-FOOD WITH DRIVE-THROUGHS IN THE 5600 WEST OVERLAY ZONE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled October 26, 2021, in order for the City Council to hear and consider public comments regarding application ZT-5-2021, Filed by Petersen Staggs Architects, LLP, Requesting a Zone Text Change to Amend Standards for Fast- Food with Drive-Throughs in the 5600 West Overlay Zone. Proposed Ordinances 21-61 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 21-61, AMEND SECTION 7-14-404 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING DRIVE-UP WINDOWS WITHIN THE 5600 WEST OVERLAY ZONE Jody Knapp, CED, discussed proposed Ordinance 21-61 that would amend Section 7-14-404 of the West Valley City Municipal Code to amend certain requirements concerning drive-up windows within the 5600 West Overlay Zone. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL STUDY MEETING – OCTOBER 19, 2021 -3- Fast food establishments with drive-through windows are currently allowed in the C-2, C-3, M and MXD zones. The following overlay zones restrict fast food establishments with drive-up windows: • Decker Lake Station Overlay Zone - Established in 1996 - Prohibited • Jordan River Overlay Zone - Established in 1998 - Prohibited • 5600 West Overlay Zone – Established in 2004, amended in 2012 – Allowed under certain conditions The 5600 West Overlay limits the amount of fast food establishments allowed in a building with a drive-through as follows: 7-14-404 USE LIMITATIONS (3) Fast Food Establishments with drive-up windows unless the following conditions are met: a. The Fast Food Establishment shall be part of a multi-tenant Building with only one drive-through. b. The Building square footage used by or accessible to Fast Food Establishments shall be less than or equal to the Building square footage used by or accessible to other tenants within the Building. c. The view of the drive-through area from the Street shall be minimized through Landscaping, berming, and/or other screening. d. The drive-up window shall be placed on the side or rear of the multi- tenant Building. e. The drive-up window shall comply with the Drive-Through Window Standards in Section 7-11-314. The applicant would like to remove the square footage requirement, item (b.), from above to allow more flexibility of tenants in the 5600 West Overlay as indicated in the attached request. Councilmember Christensen asked if the applicant is asking for multiple drive-up windows. Jody replied that they are only asking for one. Councilmember Lang asked if they will still screen the drive-ups. Jody replied yes and noted that they would still meet all other requirements. Councilmember Buhler stated that the Planning Commission seemed to make a quick decision and indicated that the rules were put in place by the Council for a specific reason. He noted that the Council did consider this one year ago when the circumstances were more serious with COVID and they chose not to change it at that time. Mayor Bigelow asked if there  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 19, 2021 -4- have been many complaints and concerns from developers. Jody replied that the 5600 West Overlay Zone seems to be the greatest concern. Wayne stated that he has discussed policy regarding zone text applications with Steve Pastorik, CED Director. He indicated that the Council clearly stated a policy on this twice and the applicant came forward regardless, even having the knowledge of the preference of the Council. He suggested the possibility of raising the application fee to ensure that applicants are committed and understand what is being proposed. Councilmember Huynh arrived at 4:52 PM. Councilmember Buhler stated that he would like to see the Planning Commission deny these types of applications. Wayne agreed but noted that the application would still process forward to the Council. Councilmember Lang asked if they could go to the Board of Adjustment if this application were denied. Jody replied yes but noted that this situation is different from the Café Rio on 5600 West. She indicated that she believes they would have a difficult time getting a variance because this is a new subdivision, a new building, and the applicants were made aware of the ordinance very early in the application process. Mayor Bigelow stated that he believes policy changes should not be about specific businesses adjusting them to meet their needs but part of an overall policy discussion and change based on significant conversation. Councilmember Christensen stated that the overlay zone was amended in 2012, it has been effective since that time, and business have learned to adapt to meet the requirements. Councilmember Fitisemanu stated that he would like to evaluate a fee change to accommodate the cost of staff processing time. The Mayor and Council agreed. The City Council will consider Ordinance 21-61 at the Regular Council Meeting scheduled October 26, 2021 at 6:30 P.M. RESOLUTION 21-183: APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN WEST VALLEY CITY AND THE FEDERAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (ATF) TO JOIN THE JOINT ATF TASK FORCE Scott Buchanan, Deputy Police Chief, presented proposed Resolution 21-183 that would approve a Memorandum of Understanding Between West Valley City and the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to Join the Joint ATF Task Force. Written documentation previously provided to the City Council included information as follows: In an effort to coordinate local law enforcement resources in the investigation of firearms and explosives trafficking and firearm and explosives related violent crime  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 19, 2021 -5- and their associated organizations and networks, law enforcement agencies of the greater Salt Lake Valley, State and Federal agencies have united efforts and resources to form the ATF Task Force. The Police Department seeks to assign one (1) investigator to this position. This agreement clarifies the responsibilities of participating agencies to establish the groundwork for the administration and operation of the taskforce. The mission of this task force is to focus on the reduction of violent crimes in the West Valley City Metropolitan area. This mission will be generally accomplished through the maximum effort of investigation, arrest, detention, enhanced prosecution, and forfeiture of assets of criminally active violent offenders with emphasis on criminal activity supporting violent gangs. Specifically, efforts will focus on violent street gangs, felons in possession of firearms, armed career criminals, armed robberies (Hobbs Act Violations) major theft and armed carjacking rings, murder-for-hire, Racketeering Influenced and Corrupt Organizations (RICO), and related violations under Utah Criminal Statutes. This endeavor will be enhanced by targeting violent crime problems through the teaming of federal, state, and local law enforcement officers and prosecutors to conduct short and mid-term, proactive and intelligence driven investigations. Councilmember Huynh asked if the City has a close connection with the Agency. Deputy Chief Buchanan stated that the task force works very closely together and has a very strong partnership. Councilmember Huynh asked what the benefit is in joining the task force. Chief Buchanan stated that it allows the City to prioritize certain cases from inception to prosecution. He noted that Federal funds are scarce so entering into this agreement is very important. Councilmember Huynh asked what the City could do to support this effort. Deputy Chief Buchanan stated that approval of this agreement would be the best thing the City could do to support the cause. Mayor Bigelow commended the department on keeping agreements like this in place so that the City can benefit from these task forces. The City Council will consider Resolution 21-183 at the Regular Council Meeting scheduled October 26, 2021 at 6:30 P.M. RESOLUTION 21-184: AUTHORIZE THE PURCHASE OF A MARQUEE AND RELATED EQUIPMENT FROM FREEDOM LED Wayne Pyle, City Manager, presented proposed Resolution 21-184 that would authorize the purchase of a Marquee and related equipment from Freedom LED. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 19, 2021 -6- The Marquee is located on the eastside of I-215 in the Maverik Center parking lot located at 3200 S Decker Lake Drive. Bids for construction were solicited and five bidders responded: Freedom LED $389,952.24 YESCO $455,197.00 Daktronics $398,864.00 Creative Signs & Graphics $476,964.36 Allied Electric Sign $482,931.61 Impact Signs $537,830.00 Graphix Display $759,711.00 Freedom LED was selected as the lowest responsible bidder. Construction will begin 7 to 8 weeks. Mayor Bigelow clarified that this proposal is to replace the marquee and it will be the same size and located in the same place. Wayne replied yes. Mayor Bigelow asked if Freedom LED has been used in the past. Jim Fuoco, Maverik Center, stated that they have a good reputation and did the signage at the new Hale Theatre and many Mountain America locations. Councilmember Fitisemanu asked what average lifespan of the signs are. Jim replied that this is the third sign. He noted that the first sign was not a good quality and did not last as long as the other two. Jim stated that the two signs have lasted over 27 years and the lifespan is on average 10 years so they have managed to keep them operational for a good amount of time. He added that extended warranties are requested and are included in the bids. The City Council will consider Resolution 21-184 at the Regular Council Meeting scheduled October 26, 2021 at 6:30 P.M. COMMUNICATIONS A. ARTS/CULTURE PROGRAMMING UPDATE Nancy Day, Parks and Recreation Director, presented a PowerPoint presentation summarized as follows: - Creating Community o Social Bonding o Improve Overall Health (beautiful painting, soothing music, sublime theatrical performances) o Uplifts the Human Spirit o Encourages Creative Thinking - Utah Cultural Celebration Center MINUTES OF COUNCIL STUDY MEETING – OCTOBER 19, 2021 -7- o Resurgence of Facility Use and Event Attendance o Canal Renovation o Chinese Gate Repairs o Energy Efficiency Project o Capital Repairs - Arts and Culture o GALLERY  2021 Calendar Year: 16 Exhibits  $13,000 K + Donation to Foundation: New Lighting in Plaza Gallery o ARTRAGEOUS  ARTrageous Online Program  Integrated Educational Tours of Theatre  American Prep Academy: 96 fifth grade students, 31 chaperones o CONCERTS  Five Summer Concerts in Amphitheater o DAY OF THE DEAD  October 30, 2021, with Modifications o TREE STORIES: A BREATH OF FRESH AIR  Sponsored by Tree Utah  March 10 – April 27, 2022 o WASATCH INTERNATIONAL FOOD FESTIVAL  Cancelled due to Covid-19 Concerns/Staffing Issues o SUMMER COMMUNITY THEATRE PRODUCTION  Cancelled due to Covid-19 Concerns/Staffing Issues o Gallery: Normally 20-22 exhibits o Day of the Dead Modifications:  masks required  no face painting  limited numbers each hour (pre-register)  vendors spaced out o Tree Stories  Opening reception on March 10th  Community engagement activities: online presence with digital display, educational programs, tree plantings, social media o WVC Performing Arts Center  Strengths  Attendance Growth  Community & Performer Passion  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 19, 2021 -8-  Partnership with Utah Shakespeare Festival  Ticket Sale Revenue Increasing  First three productions: $27,920 o She Loves Me o Ain’t Misbehavin o The Odd Couple  Last two productions: $60,394  Footloose  Sweeney Todd  Challenges  New Theatre Company  Staffing  Capital Repairs - Upcoming Productions o GOLD MOUNTAIN  Presented by Utah Shakespeare Festival  November 4 – 20  Tickets Currently On Sale o STAR OF WONDER  Facility Rental  Mid-December  Christmas Jukebox Musical - 2022 Season o Beauty and the Beast o The Foreigner o Little Women o In the Heights o Little Shop of Horrors Councilmember Lang stated that she received concerns about language related to Footloose. Andrew Wallentine indicated that there is now a rating system on the website so people will be aware of any potential problems. 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. Mayor Bigelow asked for clarification on Veteran’s Day events. Nancy Day provided updated times and events.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 19, 2021 -9- Members of the City Council had no further questions regarding the Council Update. NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS N/A B. COUNCIL REPORTS COUNCILMEMBER CHRISTENSEN- WESTERN GROWTH COALITION Councilmember Christensen stated that he attended Western Growth Coalition and discussed transportation, express bus lines, and BRT. MAYOR BIGELOW- CHAMBERWEST Mayor Bigelow noted that ChamberWest sponsored a Meet the Candidate Night held at the new Police Headquarter building. MOTION FOR CLOSED SESSION Councilmember Buhler moved to adjourn and reconvene in a Closed Session for discussion of disposition of real property and pending litigation. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY OCTOBER 19, 2021 WAS ADJOURNED AT 5:40 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, October 19, 2021. _______________________________ Nichole Camac, CMC City Recorder  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 19, 2021 -10- THE WEST VALLEY CITY COUNCIL RECONVENED IN CLOSED SESSION ON TUESDAY, OCTOBER 19, AT 5:43 P.M., IN THE MULTI-PURPOSE ROOM, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER BY MAYOR BIGELOW. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1(electronically) Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne Pyle, City Manager (electronically) Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney The City Council met in Closed Session and discussed pending litigation and disposition of real property. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY CITY COUNCIL, THE CLOSED SESSION OF OCTOBER 19, 2021 WAS ADJOURNED AT 5:52 P.M. BY MAYOR BIGELOW. __________________________________ Nichole Camac – City Recorder MINUTES OF COUNCIL STUDY MEETING – OCTOBER 19, 2021 -11-