City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING AUGUST 9, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, AUGUST 9, 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 FOLLOWING MEMBERS WERE PRESENT: Karen Lang, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 (electronically) Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne T Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/ General Counsel Eric Bunderson, City Attorney Colleen Jacobs, Police Chief John Evans, Fire Chief Jim Welch, Finance Director Jerry Thompson, Acting CED Director Layne Morris, CPD Director Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director John Flores, HR Director (electronically) Sam Johnson, Strategic Communications Ken Cushing, IT (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. APPROVAL OF MINUTES OF REGULAR MEETING HELD JULY 26, 2022 The Council considered the Minutes of the Regular Meeting held July 26, 2022. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING AUGUST 9, 2022 -2- Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held July 26, 2022. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Mark Whitaker stated that he intends to run for governor in 2024. He stated he has an invention called mechanical biodegradation. Mr. Whittaker described the process and his intention on creating a new landfill. Mike Markham expressed concern about a home in his neighborhood with Code Enforcement violations. He indicated that he feels Code Enforcement needs to do more and detailed several types of violations he has seen. Mr. Markham indicated that he believes many of the issues come from the Hispanic community. Jim Vesock stated that Code Enforcement needs to follow the 12 guidelines for a great neighborhood. Mr. Vesock stated that more attention needs to be put into maintaining the City parks. He indicated that he understands the City is understaffed but parks are an important asset to residents who can’t afford to go to places like Lagoon. Mr. Vesock stated that My Hometown is sponsoring great events. Myles Winn stated that he is concerned about speeding in his neighborhood. He indicated that graffiti is taking up a lot of taxpayer dollars and suggested that the City provide blank walls where people can practice art. He added that he hopes gang related graffiti perpetrators can be steered in the right direction to avoid becoming part of the system. Mr. Winn stated that he believes the Farmer’s Market will receive more vendors if the event was held on the weekend. Wilmer Fajardo-Pez thanked the City Council and staff for working hard to keep the City looking nice. He indicated that agrees people that come from different countries need to learn how to be good neighbors and keep nice yards. He indicated that he is from Honduras and works hard to maintain his property. Mr. Fajardo-Pez indicated that he goes for a walk with his wife every evening and there is a property near Kohls that has a lot of weeds. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments.  MINUTES OF COUNCIL REGULAR MEETING AUGUST 9, 2022 -3- C. CITY COUNCIL COMMENTS Councilmember Harmon stated that Code Enforcement is an issue. He indicated that something needs to be done to ensure that properties are kept up to City standards. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING THE BUDGET OF WEST VALLEY CITY FOR THE FISCAL YEAR 2022-2023 Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled August 9, 2022, in order for the City Council to hear and consider public comments regarding the Budget of West Valley City for the Fiscal Year 2022-2023. Written documentation previously provided to the City Council included information as follows: West Valley City will adopt a final 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. Jim Welch, Finance Director, presented a PowerPoint Presentation summarized as follows: - Budget FY 2022-2023 o Reflects Council direction & objectives o Promotes efficiency in government o Public disclosure/transparency o Prepared to accepted national standards o Balanced budget required by state law - Budgetary Drivers o Fiscal Responsibility o Government and Regulatory Requirements o Review and Balance costs of services and operations o Maintain public infrastructure o Economic conditions  Inflationary Pressures  Historic Unemployment Rate  Uncertain Economy  Regulatory Environment - General Fund o Discussed revenues MINUTES OF COUNCIL REGULAR MEETING AUGUST 9, 2022 -4- o Discussed expenditures - Property tax Receipt o Discussed the County Tax breakdown o Discussed West Valley City Tax Breakdown - Discussed Proposed Tax increase o Tax rate history o Tax Increase  3.3M to Public Safety  31,546 Judgment Levy (appeals for overpayment) Wayne Pyle, City Manager, stated that taxes typically have to be raised every 4-5 years to maintain normal operation. He indicated that there is usually a trigger, such as a bad economic situation, that causes this need to occur. Mr. Pyle stated that in years the City doesn’t ask for an increase, the budget is adjusted in other ways to accommodate ever increasing costs. He noted that the City is not increasing the overall revenue but is finding ways to maintain the current balanced budget. Wayne stated that the trigger for this requested increase is a unique one that occurred last July. He explained that Salt Lake City announced that they were going to provide a 20% salary increase to their Police Officers. He indicated that the City had just given the department a well-deserved raise but the department was down 25 officers. Wayne stated that there was a lot of national issues contributing to that factor as well as Taylorsville having just created their own department and taking some of the City’s officers by paying them more. He indicated that the City estimated that they could lose an additional 25 officers to Salt Lake City. Wayne stated that after consideration, the City Council at the time agreed to provide a significant raise to the Police Department to match Salt Lake City which cost about 3.3 million dollars. He explained that the tax increase was the plan at that time unless other funding could be found over the course of the next year. Wayne indicated that the past year has been challenging for everyone as the cost of everything from housing to fuel has increased. He noted that those increased costs impact the City as well. He stated that staff has worked diligently to ensure that no stone has been left unturned and were fortunate to be able to find funding to cover all other increases with the exception of the pay raise for the Police Department. Mayor Lang opened the Public Hearing. Elaine Jones stated that she has contacted both the Finance Director and a member of the City Council who stated that the tax increase is not occurring based on the property value of her home. She indicated that she doesn’t agree with this statement and stated that she is not responsible for the increased property value of her home. Ms. Jones stated that her neighbor tried to appeal the property value of their home MINUTES OF COUNCIL REGULAR MEETING AUGUST 9, 2022 -5- but was denied by the County. Ms. Jones stated that the property value has increased due to real estate investors and noted that she feels the Councilmember that sits on the Council who is a real estate investor should not be able to vote on this item. She also expressed concern about apartment buildings, water conservation, and permits required for Astroturf. Ms. Jones stated that residents do not have a never-ending supply of money. Mike Markham stated that this is one of the most important meetings of the year. He noted that he expected more people to be in attendance. Mr. Markham stated that the Councilmember who is also Mayor Pro Tem and has run for Mayor at least three times is not present on such an important night and noted that he will never vote for him. Mr. Markham stated that he is not opposed to the tax increase and added that it’s important to have good public safety professionals who are paid well. He indicated that it is important to make sure tax dollars are spent appropriately. He stated that he would like to see better maintenance of vehicles. Steve Buhler stated that as consumers, residents can shop where they want, eat where they want, and find services they want for the best price anywhere they are willing to go. Mr. Buhler stated that this is not true of public safety. He indicated that when you dial 911, you don’t get to choose who responds. He stated that the best paramedics and Police Officers will work for the best cities who pay them well. Mr. Buhler stated that the proposed tax increase is necessary to fulfill the commitment the City Council agreed to last year. He indicated that Mayor Ron Bigelow asked him to author a letter to the Police Department to thank them for their services as part of the agreement to give them a pay increase in July 2021. Mr. Buhler read from that letter. He indicated that 5 members that sit on the current Council unanimously supported the letter and pay increase last year. Mr. Buhler indicated that the Council is elected by popular vote but they are not elected to be popular. He indicated that he doesn’t like paying taxes but he doesn’t like calling 911 even more. Mr. Buhler indicated that he supports the Police Department and Fire Department and encouraged the Council to do the same. Misty Smith stated that she has lived in West Valley City since 2004. She indicated that she is not full in support or opposition of the proposed tax increase. Ms. Smith urged the Council to consider their options as efficiently as possible. She noted that she is blessed enough to be able to afford the proposed increase this year but others are not. She indicated that there are many other entities increasing their taxes such as the library, Granger Hunter, etc. Ms. Smith stated that she would like to see a smaller increase that would impact residents less. Wilmer Fajardo-Paz stated that the Police Department and Fire Department are extremely important and he understands the need to pay them well. He indicated MINUTES OF COUNCIL REGULAR MEETING AUGUST 9, 2022 -6- that he wouldn’t want to see the City raise taxes to construct new buildings. Mr. Fajardo-Paz stated that the cost of living is very high right now and there has been a significant increase in his tax payments over the last 3 years. He thanked Mr. Pyle and Mr. Welch for their detailed explanation of the tax increase and indicated he is appreciative to have smart people working for the City. He indicated he is from Honduras and citizens there never saw where their tax dollars went like residents are able to see here. Darrell Curtis stated that taxes were raised last year with the implementation of a street light fee. He indicated it was labeled as a fee but he believes it is a tax. Mr. Curtis stated he would like to see a breakdown of the administrative expenses that increased. He noted that the Fitness Center and Utah Cultural Celebration Center are a drain in revenue. Mr. Curtis stated that the tax increase was listed in the newspaper but most residents don’t get the newspaper any more. He indicated he believes the Council should put together the budget and not City staff. Jim Vesock thanked Mr. Welch for his explanation. He indicated that he agrees with Mr. Buhler and it’s important to pay the Police Department and he is in favor of the tax increase. Mr. Vesock stated that the Council will open the budget 4 more times in the coming fiscal year and urged them to hold department heads accountable and ensure every dollar is spent the right way. Myles Winn stated that he sees no reason why the Council would vote no on this item. He indicated that he doesn’t believe the value of a home is accurate and that they will go down soon. Mayor Lang closed the Public Hearing. ACTION: RESOLUTION NO. 22-124, ADOPT A FINAL BUDGET; MAKE APPROPRIATIONS FOR THE SUPPORT OF WEST VALLEY CITY FOR THE FISCAL YEAR BEGINNING JULY 1, 2022 AND ENDING JUNE 30, 2023; AND DETERMINE THE RATE OF TAX AND LEVYING TAXES UPON ALL REAL AND PERSONAL PROPERTY WITHIN WEST VALLEY CITY, UTAH, TAXABLE BY LAW FOR THE YEAR 2022 The City Council previously held a public hearing regarding proposed Resolution 22-124 that would adopt a Final Budget; Make Appropriations for the Support of West Valley City for the Fiscal Year Beginning July 1, 2022 and Ending June 30, 2023; and Determine the Rate of Tax and Levying Taxes Upon All Real and Personal Property Within West Valley City, Utah, Taxable By Law for the Year 2022. Councilmember Harmon stated that we are in a recession and those typically last MINUTES OF COUNCIL REGULAR MEETING AUGUST 9, 2022 -7- between 18-24 months. He indicated that he heard on the radio that 60% of households are living paycheck to paycheck. He stated that a tax increase would affect everyone but especially that 60%. CouncilmemberHarmon indicated that he bought his home in 2001 and taxes have gone up 50% in 10 years. He stated that without more discussion on budget cuts and program modifications, he will not vote in favor of this proposal. Councilmember Huynh stated that inflation is high, fuel is high, and it’s difficult for people to save money. He indicated that he feels that budget cuts can be made elsewhere so he will not vote in favor of this. Councilmember Whetstone stated he is new on the Council and has received many emails and phone calls over the past few weeks as well as seeing comments on social media. He indicated that 100% of those were opposed so he was surprised to see that comments tonight were 50/50. Councilmember Whetstone stated that this is a difficult choice to make but if there were ever a time to make it, it would be to support Public Safety. He thanked Mr. Welch and Mr. Pyle for their detailed explanations and indicated that he will vote in support of the proposal. Councilmember Fitisemanu stated that no one wants to pay more in taxes. However, as many residents have expressed tonight, people want more Code Enforcement, better streets, better Policing with higher salaries, etc. He indicated that in order to accomplish these things, the City has to have the budget to do so. Councilmember Fitisemanu stated that he will be voting in support of this proposal. Councilmember Nordfelt stated that this is a very difficult decision for everyone. He indicated that no member of the Council wants to increase any burden on residents or businesses but sometimes a property tax increase is necessary for the community to continue to succeed. He indicated that property tax is a sustainable revenue resource that will help the City remain stable through difficult times and recessions. Councilmember Nordfelt stated that he agrees with many residents who spoke about being very careful with the funds. 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 22-124. Councilmember Christensen seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING AUGUST 9, 2022 -8- Councilmember Whetstone questioned whether adding more Council scrutiny on the budget should be included with the motion. He stated that he feels it’s important for the Council to consider specific items on a case-by-case basis so they can be evaluated on a “need” versus “want” status. Mayor Lang stated that program mods are brought before the Council as a list. Wayne agreed. He noted that anything that isn’t on the list that requires a budget opening is studied and voted on by the City Council, such as vehicle replacements, unplanned building repairs, etc. Wayne discussed how fleet works into the budget and explained that operational budgets are tight. He indicated that the City is moving away from leases. Wayne indicated that there are many approaches to how a budget can be produced and balanced and there are pros and cons to each approach. Mayor Lang stated that she has been on the City Council for 10 years. She indicated that she doesn’t like the philosophy of raising taxes 2% each as other municipalities may do. Mayor Lang stated that she prefers staff to squeak as much out of the budget as they can and only do property tax increases when they are truly needed. She indicated that this is one of those times that the increase is necessary to support the City and its residents. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon No Councilman Huynh No Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Majority. Approved. RESOLUTION 22-125: APPROVE COOPERATIVE AGREEMENT NO. 2 BETWEEN THE CITY AND THE UTAH DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF MOUNTAIN VIEW CORRIDOR BETWEEN 4100 SOUTH AND SR-201 Wayne Pyle, City Manager, presented proposed Resolution 22-125 that would approve Cooperative Agreement No. 2 Between the City and the Utah Department of Transportation for the Construction of Mountain View Corridor Between 4100 South and SR-201. Written documentation previously provided to the City Council included information as  MINUTES OF COUNCIL REGULAR MEETING AUGUST 9, 2022 -9- follows: In 2018, West Valley City and UDOT executed Cooperative Agreement No. 1 which addressed various conditions necessary prior to the highway construction, including locations of proposed traffic signals, maintenance and access control at cross streets, trail maintenance, bridge and crossing locations, and acknowledged several City-requested betterments that would be forthcoming. Construction was completed in 2021, and this Cooperative Agreement No. 2 addresses property and drainage elements. The agreement deals with specific property exchanges between UDOT and the City that would take place after construction as follows: Conveyance of right of way from WVC to UDOT  A portion of the terminated 2300 South Street  Parkway Blvd right of way under MVC footprint  3100 South right of way under MVC footprint  Old 5750 W, and a portion of 3575 South, Darle Ave, and Masters Drive.  Cilma Drive right of way under MVC footprint  Bills Drive from Cilma Drive to Masters Drive Conveyance of right of way from UDOT to WVC  SR-201 South Frontage Road – SR-201 to 2400 South  2400 South – South Frontage Road to 5600 West (Excluding through MVC)  Widened portion of 2700 South east of MVC  Cilma Drive and Masters Drive extensions east of MVC. Conveyance of Pond Property from UDOT to WVC:  UDOT agrees to convey to West Valley City approximately 14+ acres where a UDOT MVC storm water flood control facility is located west of MVC and south of Parkway Blvd. The property will retain its flood control function, the City intends recreational use for the property. Conveyance of properties will take place in the near future. The agreement also addresses certain drainage elements. The City and UDOT agreed to construct a shared storm drain trunk line running parallel to the highway, from 3500 South to approximately 2900 South. This completed an important element of the City’s drainage plans and provided drainage benefits to UDOT’s project as well. The City’s share of the cost of the shared storm drain is $397,600, which will be included in a forthcoming betterment agreement.  MINUTES OF COUNCIL REGULAR MEETING AUGUST 9, 2022 -10- The agreement addresses changes to the City’s existing drainage system to be made by UDOT at no cost to the City. The agreement also identifies ownership and maintenance responsibilities for various components of the drainage system and provides a permanent record of such. 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 22-125. Councilmember Nordfelt 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 Fitisemanu all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, AUGUST 9, 2022 WAS ADJOURNED AT 8:03 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, August 9, 2022. _______________________________ Nichole Camac, CMC City Recorder