City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, MAY 16, 2023 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 KAREN LANG. THE FOLLOWING MEMBERS WERE PRESENT: Karen Lang, Mayor Don Christensen, Councilmember At-Large (electronically) Lars Nordfelt, Councilmember At-Large Tom Huynh, Councilmember District 1 Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 ABSENT: Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Wayne Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney (electronically) Colleen Jacobs, Police Chief John Evans, Fire Chief Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director John Flores, HR Director Mark Nord, RDA Director (electronically) Sam Johnson, Strategic Communications Director (electronically) Ken Cushing, IT OPENING CEREMONY- COUNCILMEMBER LARS 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 MAY 2, 2023  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -2- The Council considered the Minutes of the Regular Meeting held May 2, 2023. There were no changes, corrections or deletions. Councilmember Harmon moved to approve the Minutes of the Regular Meeting held May 2, 2023. Councilmember Huynh seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Kelly Bertoch expressed concern regarding a traffic signal at 3500 S and Mountain View Corridor. He also expressed concern about the operation of the City, staff, and Councilmembers. Jordan Anderson stated that he is concerned about lack of officers in his neighborhood and street racing occurring in the area. He also indicated that there are multiple families living in a single family home next door to him and they park many vehicles in the driveway and on the street. Mike Markham indicated that he is considering running for a Council position so that issues can be resolved. He noted that some residents like him and others don’t because he isn’t afraid to speak up. Jim Vesock stated that he would like to see a Form of Government change on the ballot. Mr. Vesock discussed Healthy West Valley and stated that voting committee members should be residents of West Valley City. Carrie Beason expressed concern about a bank owned vacant property next door to her that has fallen into disrepair. She indicated that violators are given too much time to come into compliance. Ms. Beason stated that there are other homes in her neighborhood that have Code violations as well. Richard Nowak expressed concern about Code Enforcement and Animal Control officers. He indicated that he determined who made the complaint on his property based on his employee list. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -3- Councilmember Huynh stated that he would like to see a Form of Government change. PUBLIC HEARINGS SCHEDULED A. ACCEPT PUBLIC INPUT REGARDING APPLICATION SA-1-2023, FILED BY CHRIS TOMADAKIS, REQUESTING FINAL PLAT APPROVAL FOR THE TOMADAKIS SUBDIVISION- AMENDING LOT 1 PHEASANT PARK AND LOTS 214 HUNTER HILLS NO. 2 SUBDIVISIONS Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 16, 2023, in order for the City Council to hear and consider public comments regarding Application SA-1-2023, Filed by Chris Tomadakis, Requesting Final Plat Approval for the Tomadakis Subdivision- Amending Lot 1 Pheasant Park and Lots 214 Hunter Hills No. 2 Subdivisions. Written documentation previously provided to the City Council included information as follows: Mr. Chris Tomadakis, is requesting final plat approval and an amendment to lot 1 Pheasant Park and lot 214 Hunter Hills No. 2 Subdivisions. The purpose for the plat amendment is to adjust the common property line between the two lots. No new lots will be created from this application. This type of request would previously have been allowed by lot line adjustment reviewed by staff only. However, in 2021, State Law changed requiring a plat amendment. Mr. Tomadakis who owns both properties, would like to adjust the existing property line to provide more useable space for the dwelling at 5203 West Holder Drive. This application is unique in that it will amend lots in two different subdivisions. The Pheasant Park Subdivision is zoned R-1-8, and the Hunter Hills No. 2 Subdivision is zoned R-1-7. Both lots meet and exceed frontage and area requirements of their respective zones. As a result of the subdivision amendment, lot 1 in Pheasant Park will increase in size to 12,835 square feet, and lot 2 in Hunter Hills will be reduced to 7,100 square feet in size. There is an existing 10-foot utility easement on the east side of lot 1 Pheasant Park and a 15-foot utility and drainage easement on lot 214 Hunter Hills No. 2. Both easements will remain in place. Any new structures and/or fencing will need to be coordinated with the respective utility and or drainage companies. The easements are not being vacated or realigned with this application.  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -4- Mayor Lang opened the Public Hearing. Kelly Bertoch stated that he is against this application. He stated that he doesn’t believe there needs to be any changes made to properties and the Council needs to listen to the people. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 23-11, APPROVE THE AMENDMENT OF LOT 1 PHEASANT PARK AND LOT 214 HUNTER HILLS NO. 2 SUBDIVISIONS The City Council previously held a public hearing regarding proposed Ordinance 23-11 that would approve the Amendment of Lot 1 Pheasant Park and Lot 214 Hunter Hills No. 2 Subdivision 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 Ordinance 23-11. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION SA-2-2023, FILED BY ROMAN FRAZIER, REQUESTING FINAL PLAT APPROVAL FOR THE MOUNTAIN VIEW BUSINESS PLAZA SUBDIVISION- AMENDED AND EXTENDED LOCATED AT 3320 SOUTH 5600 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 16, 2023, in order for the City Council to hear and consider public comments regarding Application SA-2-2023, Filed by Roman Frazier, Requesting Final Plat Approval for the Mountain View Business Plaza Subdivision- Amended and Extended Located at 3320 South 5600 West. MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -5- Written documentation previously provided to the City Council included information as follows: Roman Frazier is requesting final approval for the Mountain View Business Plaza Subdivision Amended. This application will amend and extend lot 3 of said subdivision. The subdivision is located at 3320 South 5600 West and is zoned C-2. The Mountain View Business Plaza Subdivision was recorded in June 2019. The original subdivision consisted of 6 lots on 12 acres. The property is zoned C-2 and is bordered on the north and south by existing commercial development, the east by 5600 West and the west by property currently being reviewed for flex office space located between the existing storage project (old K-mart building) and Mountain View Corridor. Mr. Frazier has developed the old K-mart into inside storage spaces, and the other two lots adjacent to 5600 West as a Cane’s restaurant and Krispy Kreme donut shop. In recent months, another parcel became available on the north side of the main entrance into this project. It is currently being used as a car wash. It is this parcel that the applicant would like to consolidate with lot 3 of the Mountain View Business Plaza Subdivision. The applicant would like to continue using the car wash for a time until a more desirable use becomes available. The existing car wash site does have some issues that need to be resolved with the City before a new business license can be issued. Namely, the installation of required trees, removal of the non-conforming monument sign and removal of banner signs. While these issues won’t affect the approval of the subdivision, they will need to be resolved in order for a new business license to be issued. Mayor Lang opened the Public Hearing. Kelly Bertoch stated that 5600 West already has too much traffic. He indicated that he is opposed to more homes and businesses. He noted that he is opposed to anything the Council is in favor of. Carrie Beason agreed that there is too much traffic on 5600 West and more businesses will cause more accidents. Richard Nowak stated that residents should be notified of these items so the Council can see what people think.  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -6- Jim Vesock stated that this application is a minor adjustment to a lot. He indicated that the property owners are requesting these changes and they are very minimal and won’t generate more traffic. Connie Anderson asked for clarification on what this application is. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 23-12, APPROVE THE AMENDMENT OF LOT 3 MOUNTAIN VIEW BUSINESS PLAZA SUBDIVISION The City Council previously held a public hearing regarding proposed Ordinance 23-12 that would approve the Amendment of Lot 3 Mountain View Business Plaza Subdivision. Wayne Pyle, City Manager, provided a more detailed explanation of the application upon inquiry by Councilmember Huynh. Councilmember Harmon stated that the applicant is combining two lots into one and any change of use would follow the appropriate process. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to approve Ordinance 23-12. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. C. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-1-2023, FILED BY SAMUEL WRIGHT, REQUESTING A ZONE CHANGE FROM 'A' (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO 'M' (MANUFACTURING) FOR PROPERTY LOCATED AT 7103 WEST GATES AVENUE  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -7- Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 16, 2023, in order for the City Council to hear and consider public comments regarding Application Z-1-2023, Filed by Samuel Wright, Requesting a Zone Change from 'A' (Agriculture, Minimum Lot Size 1/2 Acre) to 'M' (Manufacturing) for Property Located at 7103 West Gates Avenue. Written documentation previously provided to the City Council included information as follows: The applicant has submitted a concept plan and written description for his development proposal for the subject property. If this application is approved, the applicant intends to build two 8,400 square foot buildings to house his business, Wright Timberframe, and to rent out the remaining space. Wright Timberframe builds custom timber frame structures such as pergolas, pavilions, and trellises. The subject property is designated as Light Manufacturing in the West Valley City General Plan. Similar to other properties along the south side of Gates Avenue that were rezoned from A to M and abut residential to the south, the Planning Commission is recommending a development agreement to address the following topics: access on Gates Avenue, off-site improvements, a covered entry for the building, hours of operation, a setback reduction along the west side, a masonry wall substitution, and use limitations. Mayor Lang opened the Public Hearing. Kelly Bertoch stated that he is opposed to this application. He indicated he is concerned about the lack of farming and property in the City and stated that the Council needs to protect it. He indicated that he wants a community garden here. Mike Markham stated that this property is currently a wrecking yard. He indicated it is so polluted and wouldn’t be able to function as a community garden. He indicated that he would welcome this new construction. Mr. Markham noted that people have the right to sell and develop their property. Councilmember Christensen left the meeting at approximately 7:24 PM. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 23-13, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 7103 WEST GATES MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -8- AVENUE FROM 'A' (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO 'M' (MANUFACTURING) The City Council previously held a public hearing regarding proposed Ordinance 23-13 that would amend the Zoning Map to Show a Change of Zone for Property Located at 7103 West Gates Avenue from 'A' (Agriculture, Minimum Lot Size 1/2 Acre) to 'M' (Manufacturing). Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to approve Ordinance 23-13. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Absent Councilman Nordfelt Yes Mayor Lang Yes Unanimous. ACTION: RESOLUTION NO. 23-66, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SAMUEL WRIGHT FOR APPROXIMATELY 1.19 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 7091-7103 WEST GATES AVENUE Wayne Pyle, City Manager, discussed proposed Resolution 23-66 that would authorize the City to Enter into a Development Agreement with Samuel Wright for Approximately 1.19 Acres of Property Located at Approximately 7091-7103 West Gates Avenue. Written documentation previously provided to the City Council included information as follows: Samuel Wright has submitted a zone change on a 0.88-acre parcel at 7103 W Gates Avenue from A (Agriculture, minimum lot size ½ acre) to M (Manufacturing). The property at 7091 West Gates Avenue is already zoned M. The Planning Commission recommended approval of the zone change subject to a development agreement.  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -9- The proposed development agreement addresses the following topics: access on Gates Avenue, off-site improvements, a covered entry for the building, hours of operation, a setback reduction along the west side, a masonry wall substitution, and use limitations. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to approve Resolution 23-66 Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Absent Councilman Nordfelt Yes Mayor Lang Yes Unanimous. Throughout the Council meeting this evening, Mr. Bertoch made multiple comments related to staff, the Council, and members of the audience. Councilmember Huynh indicated that he doesn’t appreciate the derogatory comments made to the City Manager, Councilmembers, and other attendees by Mr. Bertoch. After several outbursts throughout the meeting, Mr. Bertoch was asked to step out into the hall so that the Council may continue through the agenda. ORDINANCE 23-14: AMEND SECTIONS 16-1-101, 16-2-101, 16-4-101, 16-6-101, 16-11-101, 16-12-101, 16-13-101, 16-14-101, AND 16-15-101 OF THE WEST VALLEY CITY MUNICIPAL CODE TO ADOPT CERTAIN INTERNATIONAL BUILDING CODES Wayne Pyle, City Manager, presented proposed Ordinance 23-14 that would amend Sections 16-1-101, 16-2-101, 16-4-101, 16-6-101, 16-11-101, 16-12-101, 16-13-101, 16-14- 101, and 16-15-101 of the West Valley City Municipal Code to Adopt Certain International Building Codes. Written documentation previously provided to the City Council included information as  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -10- follows: Every three years revised editions of the building code, which is adopted by the State of Utah as the minimal building standards for all buildings within our State, must be adopted by local municipalities to replace the older building codes that is considered obsolete. The building codes are living documents which are subject to revision at annual code development hearings in a national forum. The results of those hearings are published every three years in revised editions. In order to comply with the actions of the State Legislature, and current State law, it is necessary to replace the 2018 editions of the international codes by adopting the 2021 editions of said codes. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to approve Ordinance 23-14 Councilmember Huynh seconded the motion . A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Absent Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-67: ADOPT A CAPITAL PROJECTS LIST Wayne Pyle, City Manager, presented proposed Resolution 23-67 that would adopt a Capital Projects List Written documentation previously provided to the City Council included information as follows: We have amassed a significant amount of funding in our capital improvement projects fund balance. This affords us the opportunity to fulfill some significant catchup purchases and projects that otherwise would have to be further delayed,  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -11- bonded for or lease-purchased. This fund balance amount allows us the rare occurrence of cash purchase without debt of these prioritized items. The CIP fund balance is above and beyond the unreserved general fund balance, itself also a very healthy amount equating to almost 25% of the city’s annual operating budget. All projects on the list will come before the council for either contract or purchase approval, or a budget opening as appropriate, or both. This resolution merely states the council’s priority intent and authorization to move forward. Councilmember Harmon stated that he will be voting no because he would like to spend more time prioritizing the items on the CIP list. Mayor Lang verified that these items would still return to the Council for approval on an individual basis. Wayne replied yes. 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 23-67 Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon No Councilman Huynh Yes Councilman Christensen Absent Councilman Nordfelt Yes Mayor Lang No Motion Fails. Mayor Lang called for a second motion. Councilmember Nordfelt moved to continue Resolution 23-67 until a date when more Councilmembers would be in attendance. Councilmember Huynh seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -12- Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Absent Councilman Nordfelt Yes Mayor Lang Yes Unanimous. Continued. RESOLUTION 23-68: APPROVE AN AGREEMENT BETWEEN WEST VALLEY CITY AND LARSEN, LARSEN, NASH & LARSEN, ATTORNEYS AT LAW, FOR INDIGENT DEFENSE SERVICES Wayne Pyle, City Manager, presented proposed Resolution 23-68 that would approve an Agreement Between West Valley City and Larsen, Larsen, Nash & Larsen, Attorneys at Law, for Indigent Defense Services. Written documentation previously provided to the City Council included information as follows: The Sixth Amendment of the United States Constitution requires the City to provide legal representation to indigent defendants. LLNL has been providing this service to the City by contract for over 30 years. Not only is this firm is familiar with the Court requirements and procedures and provides competent and valuable service to the City it is also the only provider with a location in the City for the purpose of serving our residents. Because of this competent experience, LLNL was chosen as a professional service provider under the Procurement Code. A robust contract has been negotiated and executed by LLNL to meet all the requirements of the Sixth Amendment and subsequent case law and to provide the best and most economical service the City. 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 23-68 Councilmember Whetstone seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -13- Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Absent Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-69: AUTHORIZE THE PURCHASE OF HVAC EQUIPMENT AND THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FROM AND WITH AMERICAN MECHANICAL SYSTEMS SERVICES, LLC Wayne Pyle, City Manager, presented proposed Resolution 23-69 that would authorize the Purchase of HVAC Equipment and the Execution of a Professional Services Agreement From and With American Mechanical Systems Services, LLC Written documentation previously provided to the City Council included information as follows: The Harman Senior Recreation Center furnace/AC units were vandalized and are no longer functional. Due to the nature of the damage, facility insurance will cover the cost of replacement with the exception of the $25,000 deductible. The Parks and Recreation Department solicited bids and received two including the following:  American Mechanical Systems Service, LLC: $57,070.21  Rocky Mountain Mechanical: $57,250.00 American Mechanical Systems Service, LLC was selected as the lowest responsible bidder and holds the Utah State purchasing contract number MA2606 for this work. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Huynh moved to approve Resolution 23-69. Councilmember Whetstone seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -14- Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Absent Councilman Nordfelt Yes Mayor Lang Yes Unanimous. CONSENT AGENDA A. RESOLUTION 23-70: RATIFY THE CITY MANAGER'S APPOINTMENT OF INITIAL MEMBERS OF THE HEALTHY WEST VALLEY COMMITTEE Wayne Pyle, City Manager, discussed proposed Resolution 23-70 that would ratify the City Manager's Appointment of Initial Members of the Healthy West Valley Committee. Written documentation previously provided to the City Council included information as follows: Members of the Healthy West Valley City Committee are appointed for a four year term by the City Manager with the advice and consent of the City Council. Councilmember Huynh asked how many of these appointments reside in the City. Wayne replied that there are 20 appointments on the list and 8 live in the City. Councilmember Nordfelt stated that there are many members of the committee who work for organizations that serve West Valley City residents. He noted that everyone has a common goal to improve the health of West Valley City residents. Councilmember Huynh disagreed. 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 the item on the consent agenda. Councilmember Harmon seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING MAY 16, 2023 -15- Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh No Councilman Christensen Absent Councilman Nordfelt Yes Mayor Lang Yes Majority. 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 REGULAR MEETING OF TUESDAY, MAY 16, 2023 WAS ADJOURNED AT 7:40 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, May 16, 2023. _______________________________ Nichole Camac, CMC City Recorder