City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, MAY 23, 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 Lars Nordfelt, Councilmember At-Large Tom Huynh, Councilmember District 1 Scott Harmon, Councilmember District 2 (electronically) 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 Colleen Jacobs, Police Chief John Evans, Fire Chief (electronically) Jim Welch, Finance Director (electronically) Steve Pastorik, CED Director Layne Morris, CPD Director Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director John Flores, HR Director (electronically) Mark Nord, RDA Director Sam Johnson, Strategic Communications Director Ken Cushing, IT (electronically) OPENING CEREMONY- COUNCILMEMBER DON CHRISTENSEN Councilmember Christensen asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance.  MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -2- SPECIAL RECOGNITIONS Mayor Lang recognized Suzanne Harrison, Salt Lake County Councilmember. APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 16, 2023 The Council considered the Minutes of the Regular Meeting held May 16, 2023. There were no changes, corrections or deletions. Councilmember Christensen moved to approve the Minutes of the Regular Meeting held May 16, 2023. Councilmember Huynh seconded the motion. A voice vote was taken and all members voted in favor of the motion. AWARDS, CEREMONIES AND PROCLAMATIONS SCHEDULED FOR MAY 23, 2023 A. RECOGNITION OF WEST VALLEY CITY NATIONAL MERIT SCHOLAR FINALISTS Mayor Lang and the Council recognized and congratulated two students for becoming National Merit Scholar finalists. COMMENT PERIOD A. PUBLIC COMMENTS Kelly Bertoch stated that doesn’t apologize for comments made last week. He indicated that he would like to know who called his family members to check on his well-being and noted that this person tore a hole in his family. Mr. Bertoch expressed concern about Councilmember Huynh. He indicated he has an issue on how the City is run and plans to file a state audit. Mr. Bertoch expressed concern about a piece of property that was discussed last week and also about high density housing. Suzanne Harrison stated that she is the newly elected at large member on the Salt Lake County Council. She thanked the Mayor, Council, and staff for their service and indicated that she is looking forward to working together. Ms. Harrison discussed a tax relief program insert that will be sent to residents and requested engagement from West Valley City in alerting citizens of this opportunity. Elise Christenson stated that she met with the Youth City Council who were excited to participate in Constitution Week with a reading of the proclamation at City Hall on September 14th. She distributed a draft resolution and requested a room for that date.  MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -3- Mike Markham stated that he has been coming to Council meetings for many years and has fought some battled during that time. He indicated that he fought for concrete instead of gravel, is an advocate for properties being maintained, landscaping rock instead of gravel, etc. He indicated that he has never come to degrade the City and is a huge supporter of the Community Development program. Mr. Markham stated that violence is everywhere and there are bad yards all over the valley. Jim Vesock encouraged a Form of Government change. He indicated he would like to see the new bike track better constructed and maintained. He stated he was opposed to the proposed CTAA on the Council’s agenda. Mr. Vesock expressed concern about Code Enforcement. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-2-2023, FILED BY WEST VALLEY CITY, REQUESTING AN AMENDMENT TO SECTION 7-7-119 OF THE WEST VALLEY CITY CODE TO ADD SCREENING REQUIREMENTS FOR OUTSIDE STORAGE THAT OCCURS ON PROPERTY ADJACENT TO A HIGH-IMAGE ARTERIAL STREET AS LISTED IN SECTION 7-10-10 Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 23, 2023, in order for the City Council to hear and consider public comments regarding Application ZT-2-2023, filed by West Valley City, Requesting an Amendment to Section 7-7-119 of the West Valley City Code to Add Screening Requirements for Outside Storage that Occurs on Property Adjacent to a High-Image Arterial Street as Listed in Section 7-10-10. Written documentation previously provided to the City Council included information as follows: The proposed ordinance change would require outside storage that occurs on property adjacent to a High-Image Arterial Street as listed in Section 7- 10-102 to be screened from public view by means of a building or a precast concrete wall having a minimum height of 6’. The proposed ordinance also specifies the wall pattern and color for consistency and clarifies that the Planning Commission can require up to an 8’ tall wall MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -4- when needed to effectively screen storage items over 6’ in height. In addition, the proposed ordinance includes a provision that allows the Planning Commission to waive screening requirements when topography changes or the distance of storage areas from rights-of-way would make screening ineffective. An example of this would be the storage yard at Ready Made Concrete on the northeast corner of Parkway Blvd. and 2700 W. As a car travels west along Parkway Blvd. over I-215, the road is elevated such that even an 8’ tall wall would not effectively screen the outside storage. However, as the road slopes down toward the grade of the Ready Made Concrete site, a wall would effectively screen the outside storage. Staff is proposing this change for the three reasons. First, screening methods like a chain-link fence with slats or landscaping are not as effective at screening as a precast concrete wall. Second, precast concrete walls are more durable and weather better than other fencing materials like metal panels, wood, or chain-link with slats. Third, the proposed wall pattern and color would, in staff’s view, enhance the aesthetics of the wall and make the walls consistent with other City installed walls along roads like 2700 W. Mayor Lang opened the Public Hearing. Kelly Bertoch stated that he believes these decisions should be discussed in open meetings and be transparent. He indicated that residents should have the right to vote. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 23-15, AMEND SECTION 7-7-119 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING OUTSIDE STORAGE The City Council previously held a public hearing regarding proposed Ordinance 23-15 that would amend Section 7-7-119 of the West Valley City Municipal Code to Amend Certain Requirements Concerning Outside Storage. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Whetstone moved to approve Ordinance 23-15. Councilmember Christensen seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -5- 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. Mayor Lang noted that all items are discussed in an open meeting one week prior to the Regular meetings. She stated that these conversations are open to the public and available to view on Youtube. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-3-2023, FILED BY HH-SALT LAKE, LLC, REQUESTING A ZONE TEXT CHANGE TO SECTIONS 7-1-103 AND 7-6-301 OF THE ZONING ORDINANCE TO REMOVE THE DEFINITION FOR LINGERIE STORE AND REMOVE LINGERIE STORE FROM THE COMMERCIAL AND MANUFACTURING USE TABLE Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 23, 2023, in order for the City Council to hear and consider public comments regarding Application ZT-3-2023, Filed by HH-SALT LAKE, LLC, Requesting a Zone Text Change to Sections 7-1-103 and 7-6-301 of the Zoning Ordinance to Remove the Definition for Lingerie Store and Remove Lingerie Store from the Commercial and Manufacturing Use Table Written documentation previously provided to the City Council included information as follows: Scott Sabey, who represents HH-Salt Lake, LLC, has requested ordinance amendments to Sections 7-1-103 and 7-6-301 of the zoning ordinance to remove the definition for Lingerie Store and to remove Lingerie Store from the Commercial and Manufacturing Use Table. The reasons for the requested amendments are outlined in the attached document from the applicant. Section 7-1-103 defines Lingerie Store as “a retail establishment meeting any of the following criteria: MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -6- a. Over five percent of the floor area is devoted to the sale of lingerie, adult novelties, and adult marital or sexual aids; b. Lingerie, adult novelties, and adult marital or sexual aids account for five percent or more of gross sales; or c. The establishment is marketed as a Lingerie Store or adult establishment.” Section 7-6-301 allows Lingerie Stores in the MXD (Mixed Use), C-2 (General Commercial), C-3 (Transitional Commercial), and M (Manufacturing) zones. Lingerie Stores are prohibited in the BRP (Business/Research Park), CC (City Center), C-1 (Neighborhood Commercial), and LI (Light Industrial) zones as well as within the Decker Lake Station, Jordan River, Bangerter Highway, and 5600 West Overlay Zones. There are just under 9,000 acres of property within the City where Lingerie Stores are allowed. This represents 46% of property (excluding roads) in the City. The term “Lingerie Store” was first introduced in the zoning ordinance with the adoption of Ordinance 15-03 in 2015. This ordinance expanded the list of prohibited uses within the CC zone. The term “Lingerie Store” was later defined in Section 7-1-103 and added to the Commercial and Manufacturing Use Table in Section 7-6-301 with the adoption of Ordinance 17-10 in 2017. Mayor Lang opened the Public Hearing. Scott Sabey, the applicant, stated that his clients do not have an objection to the code as it is generally written. He indicated that the problem with the code is that it creates an additional definition aside from sexually oriented business that classifies a piece of clothing. Mr. Sabey stated that lingerie is sold everywhere, stores like Walmart, Kmart, etc. and should not be restricted under sexually oriented business. He indicated that his clients wish to adjust the code so that it no longer combines a piece of clothing with sexually oriented business materials. Kelly Bertoch agreed with Mr. Sabey. He indicated that the City should not be able to tell anyone what they can or can’t wear. He expressed concern with taking freedoms away from citizens. Kyle Erb stated that he agrees that the definition of lingerie was poorly written in the code and that it lumps this product in with other things that are not related. He expressed concern with deleting the proposed section entirely however and stated that he would like to see changes made to Section 17 as well. He indicated that he MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -7- has a concern with the Adam and Eve store that publicly displays adult gear and is in the vicinity of 2 schools. Terry North agreed with Mr. Erb and stated that this type of lingerie is adult oriented. He indicated that he understands there are people who want to purchase this type of material and doesn’t see the need to disallow it but noted that he feels the time, place, and manner of display is important. Kim Chandler agreed with the two previous speakers. She stated that she doesn’t see the need to shut down these types of stores but feels there needs to be better definitions. Jim Vesock stated that he would suggest this item be postponed so the Council can discuss potential changes. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 23-16, AMEND SECTIONS 7-1-103 AND 7-6-301 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING LINGERIE STORES The City Council previously held a public hearing regarding proposed Ordinance 23-16 that would amend Sections 7-1-103 and 7-6-301 of the West Valley City Municipal Code to Amend Certain Requirements Concerning Lingerie Stores. Councilmember Whetstone asked if the Council could have further discussions on other sections of Code if this item were passed. 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 Whetstone moved to approve Ordinance 23-16 with a suggestion that novelty products are added to a Study Meeting for future conversation. Councilmember Christensen seconded the motion. Councilmember Harmon suggested a continuance so the Council could make any additional changes needed at the same time. Councilmember Nordfelt agreed. Councilmember Whetstone agreed that this may be a good approach. Councilmember Whetstone withdrew his motion. Councilmember Christensen agreed to the withdrawal.  MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -8- Mayor Lang called for a second motion. Councilmember Nordfelt moved to continue Ordinance 23-16 to no date certain to allow the Council additional time to study the issue. 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 Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. Continued. RESOLUTION 23-72: CONSENT TO THE INCLUSION OF WEST VALLEY CITY WITHIN A SALT LAKE COUNTY CONVENTION AND TOURISM ASSESSMENT AREA Wayne Pyle, City Manager, presented proposed Resolution 23-72 that would consent to the Inclusion of West Valley City Within a Salt Lake County Convention and Tourism Assessment Area. Written documentation previously provided to the City Council included information as follows: The Salt Lake County Convention and Tourism Assessment Area (“SLCo CTAA”) is a benefit assessment district proposed to create a revenue source to provide specific benefits to payors by funding brand development and sales promotional efforts for assessed hotel businesses. An assessment is levied upon benefitted property, identified as lodging businesses as defined in the SLCo CTAA Management Plan. The proposed SLCo CTAA includes all lodging businesses, existing and in the future, located within the boundaries of the West Valley City, Taylorsville, West Jordan, Township of Kearns, Sandy, South Jordan, Riverton, Draper, and zip codes 84103, 84101 and 84111 in Salt Lake City. Lodging business owners decided to pursue formation of the SLCo CTAA in order to create a revenue source devoted to marketing Salt Lake County as a tourist,  MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -9- meeting and event destination. If established, the SLCo CTAA would generate an estimated $7,500,000 in the initial year of operation for promotion of travel and tourism specific to Salt Lake. The consent of the West Valley City Council is required to include West Valley City in the SLCo CTAA. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Christensen moved to approve Resolution 23-72 Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon No Councilman Huynh No Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang No Motion Fails. Mayor Lang called for a second motion. Councilmember Nordfelt moved to continue Resolution 23-72 to June 6, 2023. Councilmember Whetstone seconded the motion. Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon No Councilman Huynh No Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang No Motion Fails.  MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -10- Wayne Pyle read the following from City Code: In the event that four votes are not received for any motion before the Council, the motion shall fail. The Chair shall then ask for another motion. If no other motion is made or if the second motion also does not receive four votes, the Chair shall ask for a motion to continue the matter to a date certain, within a 30-calendar-day time period. If no motion for continuance is made, the Chair shall state that the item has been continued to no date certain but shall be placed on another City Council agenda for consideration within 30 calendar days. Mayor Lang stated that this item has been continued to no date certain but shall be placed on another Council agenda for consideration within 30 calendar days. RESOLUTION 23-73: AUTHORIZE THE EXECUTION OF A CUSTOMER REQUESTED WORK AGREEMENT FOR THE BURIAL OF POWER LINES ON 3650 SOUTH Wayne Pyle, City Manager, presented proposed Resolution 23-73 that would authorize the Execution of a Customer Requested Work Agreement for the Burial of Power Lines on 3650 South. Written documentation previously provided to the City Council included information as follows: The city has asked Rocky Mountain Power to bury their overhead facilities on 3650 South between 3200 West and 2700 West. This work will be coordinated with the Lancer Way (3650 South) Reconstruction project that is currently in design. Per the Customer Requested Work Agreement, the city’s roadway contractor will install all necessary conduits and vaults to accommodate the power burial. Upon completion of that work, Rocky Mountain Power will install new conductors and remove their existing facilities. Design activities for the reconstruction project will continue through the fall/winter. It is anticipated that right-of-way acquisition will occur during the winter/early spring, and that construction will begin as early as summer 2025. 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 23-73. Councilmember Huynh seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -11- Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. CONSENT AGENDA A. RESOLUTION 23-74: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF ENTRY AND OCCUPANCY AGREEMENT WITH AND FROM THE ALICE MARTIN TRUST FOR PROPERTY LOCATED AT 6002 WEST PARKWAY BOULEVARD Wayne Pyle, City Manager, discussed proposed Resolution 23-74 that would authorize the City to Enter into a Right of Entry and Occupancy Agreement With and From the Alice Martin Trust for Property Located at 6002 West Parkway Boulevard. Written documentation previously provided to the City Council included information as follows: The Alice Martin Trust parcel located at 6002 W. Parkway Boulevard is one of several parcels affected by the Parkway Boulevard Reconstruction Project (MVC to 6400 West). This project will reconstruct the pavement and construct curb, gutter, sidewalk and decorative street lighting on both sides of Parkway Boulevard. The appraised value for the purchase of the Warranty Deed, Temporary Construction Easement and improvements is $12,000.00 based upon the Appraisal Report prepared by Integra Realty Resources. The project is being funded by Surface Transportation Program (STP) using federal funds. The city is responsible for 6.77% of all project costs, including right of way. Based upon the appraised value the West Valley City share of the acquisition at this point would be $812.40. The property owner has requested mediation through the office of the Utah Property Rights Ombudsman. The Right-of-Entry and Occupancy Agreement will allow construction to move forward while negotiations with the property owner continue. Funds in the amount of $12,000.00 in escrow pending the resolution and the final amount of compensation is determined. If further negotiations are unsuccessful, eminent domain action will be required.  MINUTES OF COUNCIL REGULAR MEETING MAY 23, 2023 -12- Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Christensen moved to approve the item on the consent agenda. 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. 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 23, 2023 WAS ADJOURNED AT 7:22 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 23, 2023. _______________________________ Nichole Camac, CMC City Recorder