City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING OCTOBER 4, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, OCTOBER 4, 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 PRO TEM TOM HUYNH. THE FOLLOWING MEMBERS WERE PRESENT: Tom Huynh, Mayor Pro Tem- Conducting Karen Lang, Mayor (electronically) Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manager (electronically) Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/ General Counsel Eric Bunderson, City Attorney (electronically) Mike Fossmo, Acting Police Chief John Evans, Fire Chief (electronically) Jim Welch, Finance Director Steve Pastorik, CED Director (electronically) Layne Morris, CPD Director (electronically) Dan Johnson, Public Works Director Jason Erekson, Parks and Recreation Director Sam Johnson, Strategic Communications Director (electronically) Ken Cushing, IT OPENING CEREMONY- COUNCILMEMBER NORDFELT Councilmember Nordfelt asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD SEPTEMBER 27, 2022 The Council considered the Minutes of the Regular Meeting held September 27, 2022. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 4, 2022 -2- Councilmember Christensen moved to approve the Minutes of the Regular Meeting held September 27, 2022. Councilmember Whetstone 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 would like to see the cost savings that the tractor purchase on the agenda will provide. He indicated that residents are concerned about the cost of watering their lawn but noted that if residents looked at their water bill, the cost of keeping a green lawn is not that expensive. He stated that he doesn’t believe residents should have dead lawns. Mr. Vesock stated that the City should meet the same standards for weed control on its properties. He noted that the Clean and Beautiful Committee held an awards event and he was disappointed that no Council members were in attendance. Mr. Vesock stated that he believes Code Enforcement vehicles should have trackers. Mike Markham stated that Code Enforcement has been out citing people and he thanked them for their efforts. He noted that there is always more to the story than what residents are expressing when they speak to the Council. Mr. Markham stated that he spends a lot of time keeping his yard up to a certain standard because he wants his neighborhood to look good. He indicated that lawn doesn’t die overnight and residents need to put effort into maintaining their properties. Mr. Markham stated that Code Enforcement is bending over backwards to help people but residents simply don’t want to comply. He encouraged people to take advantage of the bulky waste and neighborhood dumpster program. He expressed concern about a home in his neighborhood where several Hispanic gentleman live and don’t maintain the property. Bill Angus stated that he was cited for having inoperable vehicles on his property. He indicated that the vehicles were in fact inoperable but he wasn’t sure how Code Enforcement was able to determine this. Mr. Angus discussed a blizzard that occurred in the late 40’s early 50’s that created a flood. He stated that he would like to work with the Council to fix the Code Enforcement problem. Darrell Curtis stated that he was thankful to hear in the Study Meeting that snow plows can still plow with speed humps installed in neighborhoods. He discussed traffic flow in his neighborhood where speed humps were recently installed. He noted that if residents want to pay for and install speed humps, he believes they should be given that opportunity. Mr. Curtis expressed concern for lack of sidewalks near Hunter Junior High.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 4, 2022 -3- Myles Wynn stated that he is still experiencing speed issues along his street. He indicated that he is having a difficult time obtaining signatures to warrant the speed study. Mr. Wynn indicated that Mr. Pyle spoke of patriotism in last weeks Council meeting and noted that there are many ways of showing that, not just pledging allegiance to the flag. Mary Lou Little expressed concern about the time she was given to bring her landscaping back to life after receiving a courtesy notice from Code Enforcement. She stated that she applied for a meeting with the Administrative Law Judge and is unsure where she stands at this time. Ms. Little stated that not all residents live the same or have the same financial means as others. She expressed concern about a home in her neighborhood that operates as a church. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, stated that the City will be putting educational material on the website that provides information on how much water (and at what cost) is needed to keep a lawn alive as well as examples of waterwise landscaping. He noted that one way of citing for a inoperable vehicle is that it is not properly licensed. Mr. Pyle encouraged the Council to review this weeks operational brief. C. CITY COUNCIL COMMENTS Mayor Pro Tem Huynh stated that Dan Johnson, Public Works Director, would speak with Mr. Wynn after the meeting. He asked when the Code Enforcement communications discussion would be held. Nichole Camac, City Recorder, replied that it is scheduled for October 25, 2022. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING RE-OPENING THE FY 2022-2023 BUDGE Mayor Pro Tem Huynh informed a public hearing had been advertised for the Regular Council Meeting scheduled October 4, 2022 in order for the City Council to hear and consider public comments regarding re-opening the FY 2022-2023 Budget. 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 REGULAR MEETING OCTOBER 4, 2022 -4- A Public Notice was posted September 22, 2022, 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 October 4, 2022, at 6:30 p.m., West Valley City Hall, 3600 Constitution Blvd., West Valley City, Utah. Mayor Pro Tem Huynh opened the Public Hearing. Jim Vesock expressed concern about general fund increases. He discussed specific line items on the budget and noted that he wants to see a good return on investment. Darrell Curtis stated he hopes the Council is involved in the budget because they represent the citizens of West Valley City. He noted he also wants to ensure there is a good return on investment for all expenditures. Mayor Pro Tem Huynh closed the Public Hearing. ACTION: ORDINANCE NO. 22-38, AMEND THE BUDGET OF WEST VALLEY CITY FOR THE FISCAL YEAR BEGINNING JULY 1, 2022 AND ENDING JUNE 30, 2023 TO REFLECT CHANGES IN THE BUDGET FROM INCREASED REVENUES AND AUTHORIZE THE DISBURSEMENT OF FUNDS The City Council previously held a public hearing regarding proposed Ordinance 22-38 that would amend the Budget of West Valley City for the Fiscal Year Beginning July 1, 2022 and Ending June 30, 2023 to Reflect Changes in the Budget from Increased Revenues and Authorize the Disbursement of Funds. Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to approve Ordinance 22-38. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon No Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Mayor Pro Tem Huynh No  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 4, 2022 -5- Majority. Approved. RESOLUTION 22-146: AUTHORIZE WEST VALLEY CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE UTAH ATTORNEY GENERALS OFFICE INTERNET CRIMES AGAINST CHILDREN TASKFORCE Wayne Pyle, City Manager, discussed proposed Resolution 22-146 that would authorize West Valley City to Enter into a Memorandum of Understanding with the Utah Attorney Generals Office Internet Crimes Against Children Taskforce. Written documentation previously provided to the City Council included information as follows: The Office of the Utah Attorney General oversees the Utah ICAC task force, a cooperative group of law enforcement agencies that participate in the identification of perpetrators of crimes against children and related investigations, arrests, and prosecutions of said perpetrators. The Office of the Utah Attorney General awards state grants to participating law enforcement agencies to assist in covering the expenses incurred by the various agencies in the course of their participation on the Task Force. Such expenses include overtime, training, and the purchase of equipment. The West Valley City Police Department supports continuing our partnership with the ICAC Task Force in our mutual efforts to protect children and bring offenders to justice. This cooperative arrangement has been in place for many years and has been an effective means of increasing the West Valley City Police Department’s ability to properly investigate and prosecute offenders who sexually exploit children through various technological mediums, provide training and equipment to department personnel involved in such investigations and prosecutions, and provide community education regarding the prevention of such crimes. Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Resolution 22-146 Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 4, 2022 -6- Councilman Harmon Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Mayor Pro Tem Huynh Yes Unanimous. RESOLUTION 22-147: AWARD A CONTRACT TO ACTION ROOFING FOR THE REPLACEMENT OF THE DECKS AND HANDRAILS AT THE RIDGE Wayne Pyle, City Manager, presented proposed Resolution 22-147 that would award a Contract to Action Roofing for the Replacement of the Decks and Handrails at the Ridge. Written documentation previously provided to the City Council included information as follows: The Ridge Golf Club is located at 5055 S. Westridge Blvd. It is an 18-hole golf course situated on 160 acres of land. The golf course was originally completed in 1991 and was redesigned and rebuilt in 2013. Along with the course, the club house was also originally built in 1991 but no capital projects were done during the rebuild in 2013 or since that time. The deck is failing due to soft spots in the wood and needs to be replaced. Additionally, the existing handrails are in violation of the building code due to safety issues and needs to be replaced. This project will remove the existing exterior carpet, replace plywood decking, install a new textured PVC covering, remove the existing handrail and install a handrail that meets current codes. Bids for construction were solicited and two bidders responded: Action Roofing – $229,000.00 CMH Construction Company - $282,193.10 Action Roofing was selected as the lowest responsible bidder. Construction will begin this fall. Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Resolution 22-147 Councilmember Nordfelt seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 4, 2022 -7- Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Mayor Pro Tem Huynh Yes Unanimous. RESOLUTION 22-148: APPROVE A FEDERAL AID AGREEMENT BETWEEN THE CITY AND THE UTAH DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF LANCER WAY Wayne Pyle, City Manager, discussed proposed Resolution 22-148 that would approve a Federal Aid Agreement Between the City and the Utah Department of Transportation for the Reconstruction of Lancer Way Written documentation previously provided to the City Council included information as follows: West Valley City will receive federal Surface Transportation Program (STP) funds to assist with the design and construction of a roadway reconstruction project on Lancer Way (3650 South) from 2700 West to 3200 West. The project will reconstruct and widen Lancer Way from two-lanes to three-lanes, including a center turn-lane. The project will include the addition of bike lanes, curb and gutter, sidewalk, traffic signals, street lighting, streetscape, and drainage improvements. The amount of federal participation on this project is $5,771,489, which requires a local match of $419,103 from West Valley City. In addition, the city has applied for and will receive state Transit Transportation Investment Funds (TTIF) in the amount of $2,194,111, which requires a local match of $1,462,741. West Valley City will use the state TTIF funds as the local match for the federal STP funds, and vice versa, to fulfill all local match requirements for the Lancer Way reconstruction project. This agreement will enable the project to access the federal funds and authorizes the expenditure of those funds throughout the entire project process, including design, right-of-way acquisition and construction. Upon execution of the Federal Aid Agreement, UDOT and the City will contract with consulting engineering firms to design and manage the construction of the project. This resolution also authorizes the city to execute the design and construction management  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 4, 2022 -8- agreements and for UDOT to execute a construction contract for the project at a future date. It is anticipated that construction will begin in 2025. Upon inquiry by Mayor Pro Tem Huynh there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to approve Resolution 22-148 Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Mayor Pro Tem Huynh Yes Unanimous. CONSENT AGENDA A. RESOLUTION 22-149: ACCEPT A WARRANTY DEED AND A PUBLIC UTILITY EASEMENT FROM MAGNA 71 LLC FOR PROPERTY LOCATED AT 4352 SOUTH 6400 WEST Wayne Pyle, City Manager, discussed proposed Resolution 22-149 that would accept a Warranty Deed and a Public Utility Easement from Magna 71 LLC for Property Located at 4352 South 6400 West Written documentation previously provided to the City Council included information as follows: The WVC Storage project is located on the west side of 6400 West at 4352 South. As a condition of approval of the project, conveyance of 6400 West right-of-way was required. A 10 foot wide Public Utility Easement was also required along the 6400 West frontage of the property. Upon inquiry by Mayor Pro-Tem Huynh there were no further questions from members of the City Council, and he called for a motion.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 4, 2022 -9- Councilmember Fitisemanu moved to approve Resolution 22-149. Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Mayor Pro Tem Huynh 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, OCTOBER 4, 2022 WAS ADJOURNED AT 7:13 P.M. BY MAYOR PRO TEM HUYNH. 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, October 4, 2022. _______________________________ Nichole Camac, CMC City Recorder