City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, JUNE 6, 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 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) 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 Mark Nord, RDA Director (electronically) Sam Johnson, Strategic Communications Director (electronically) Ken Cushing, IT OPENING CEREMONY- COUNCILMEMBER TOM HUYNH Councilmember Huynh asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 23, 2023 The Council considered the Minutes of the Regular Meeting held May 23, 2023. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held May 23, 2023. Councilmember Nordfelt seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -2- A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Terri Mills expressed concern regarding the proposed ordinance change that would only allow public comment during Council meetings once a month. She stated that she believes it is important to continue to allow residents the opportunity to address the Council during meetings and indicated that not everyone can make time in their schedules to come on a specific Tuesday once a month. Mike Markham stated that he doesn’t believe there is a concern regarding lingerie stores. He expressed concern regarding the proposed limitation to public comment. Jim Vesock expressed concern regarding the proposed ordinance that would limit public comment to once a month. He stated that he could understand reducing the length from 5 minutes to 3 minutes. Mr. Vesock expressed concern regarding Code Enforcement. Karen Layton expressed concern regarding the proposed ordinance regarding the restriction of public comment to once per month. She indicated that the Council should not shut out the public because of one individual. Richard Nowak stated that his organization has been a benefit to Salt Lake County. He expressed concern about Animal Control and indicated that he is considering moving. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Councilmember Huynh stated that he is opposed to restricting public comment to once per month. Councilmember Whetstone agreed that perhaps other controls could be put into place that would solve concerns. He indicated that while he thought this was a good solution originally, he would like to reconsider the once per month restriction. Councilmember Harmon agreed. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-2-2023, FILED BY NICK MINGO, REQUESTING A GENERAL PLAN CHANGE FROM LARGE LOT RESIDENTIAL (2-3 UNITS/ACRE) AND MEDIUM DENSITY RESIDENTIAL (7-12 UNITS/ACRE) TO LIGHT MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -3- MANUFACTURING AND A ZONE CHANGE FROM A-1 (AGRICULTURE, MINIMUM LOT SIZE 1 ACRE) AND A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO M (MANUFACTURING) FOR PROPERTY LOCATED AT 5998 WEST PARKWAY BLVD. Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled June 6, 2023, in order for the City Council to hear and consider public comments regarding Application GPZ-2-2023, Filed by Nick Mingo, Requesting a General Plan Change from Large Lot Residential (2-3 Units/acre) and Medium Density Residential (7-12 units/acre) to Light Manufacturing and a Zone Change from A-1 (Agriculture, Minimum Lot Size 1 acre) and A (Agriculture, Minimum Lot Size 1/2 Acre) to M (Manufacturing) for Property Located at 5998 West Parkway Blvd. Written documentation previously provided to the City Council included information as follows: The intended development for this property is an industrial project with a total of 533,294 square feet of buildings of varying sizes as reflected in the concept plan submitted by the applicant. In the M zone, all uses on properties greater than 10 acres are reviewed as a conditional use. Hence, if this application is approved, the applicant would need to apply for a conditional use permit to pursue the proposed industrial development. A General Plan/zone change application (GPZ-2-2013) was submitted on this property in 2013 by Nick Mingo acting as Ivory’s agent. At the time, the property was 44.4 acres and included what is now Wallace Stegner Academy and Stegner Way. The request was to change the zoning from A-1 and A to R-1-10 (Single Unit Dwelling Residential, minimum lot size 10,000 square feet) and RM (Multiple Unit Dwelling Residential) and to change the General Plan from Low Density Residential (3 to 4 units/acre) and Rural Residential (1 to 2 units/acre) to Very High Density Residential (over 20 units/acre) and Low Density Residential. The proposal included a 94-lot single family home PUD and 230 apartments in 3 story building. Both the Planning Commission and the City Council voted to deny the application. One of the reasons stated for the denial was the nearby presence of Rocky Mountain Raceway which no longer exists. Mayor Lang opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 23-17, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM LARGE LOT RESIDENTIAL (2-3 MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -4- UNITS/ACRE) AND MEDIUM DENSITY RESIDENTIAL (7-12 UNITS/ACRE) TO LIGHT MANUFACTURING FOR PROPERTY LOCATED AT 5998 WEST PARKWAY BLVD. The City Council previously held a public hearing regarding proposed Ordinance 23-17 that would amend the General Plan to Show a Change of Land Use from Large Lot Residential (2-3 Units/acre) and Medium Density Residential (7-12 units/acre) to Light Manufacturing for Property Located at 5998 West Parkway Blvd. Councilmember Harmon stated that he doesn’t believe the dividing line between residential and industrial should be the canal and indicated that he believes the dividing line should be Beagley Road. He indicated that he is okay with manufacturing north of the road but anything south should be residential. 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 deny Ordinance 23-17. Councilmember Huynh seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen No Councilman Nordfelt No Mayor Lang No Majority. Denied. ACTION: ORDINANCE NO. 23-18, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 5998 WEST PARKWAY BLVD FROM A-1 (AGRICULTURE, MINIMUM LOT SIZE 1 ACRE) AND A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO M (MANUFACTURING) The City Council previously held a public hearing regarding proposed Ordinance 23-18 that would amend the Zoning Map to Show a Change of Zone for Property Located at 5998 West Parkway Blvd from A-1 (Agriculture, Minimum Lot Size 1 acre) and 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 MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -5- City Council, and she called for a motion. Councilmember Nordfelt moved to deny Ordinance 23-18. Councilmember Harmon 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 No Majority. Denied. ACTION: RESOLUTION NO. 23-71, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH IVORY LAND CORPORATION FOR APPROXIMATELY 37.53 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 5998 WEST PARKWAY BLVD. Wayne Pyle, City Manager, discussed proposed Resolution 23-71 that would authorize the City to Enter Into a Development Agreement with Ivory Land Corporation for Approximately 37.53 Acres of Property Located at Approximately 5998 West Parkway Blvd. Written documentation previously provided to the City Council included information as follows: Nick Mingo, representing Ivory Land Corporation, has submitted a General Plan/zone change application (GPZ-2-2023) on 37.53 acres to change the General Plan from Large Lot Residential (2 to 3 units/acre) and Medium Density Residential (7 to 12 units/acre) to Light Manufacturing and a zone change from A-1 (Agriculture, minimum lot size 1 acre) and A (Agriculture, minimum lot size ½ acre) to M (Manufacturing). The Planning Commission recommended approval of the zone change subject to a development agreement. There are two development agreement options for the Council’s consideration. The proposed development agreement recommended by the Planning Commission (Option 1) requires the developer to design and  MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -6- install a cul-de-sac at the north end of Stegner Way. It also prohibits vehicular access to Stegner Way as the Commission was concerned with mixing industrial traffic with school traffic. The applicant is hoping to maintain access to Stegner Way until such time that 5900 W is extended to Parkway Blvd. Option 2 of the development agreement, which is preferred by the applicant, would allow access to Stegner Way until 5900 W is extended south to Parkway Blvd. 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 deny Resolution 23-71. 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 No Majority. Denied. RESOLUTION 23-75: APPROVE THE INTERLOCAL AGREEMENT BETWEEN WEST VALLEY CITY AND TAYLORSVILLE CITY FOR SWAT OPERATIONS Wayne Pyle, City Manager, discussed proposed Resolution 23-75 that would approve the Interlocal Agreement Between West Valley City and Taylorsville City for SWAT Operations. Written documentation previously provided to the City Council included information as follows: To maximize resources and enhance services to both West Valley and Taylorsville Cities. the Integrated SWAT Team will provide SWAT services to both cities including, but not limited to, response and mitigation of high-risk situations such as hostage rescue, armed barricaded subjects, sniper situations, downed officers, or citizens and/or crisis negotiations. Further, the Integrated Team may provide West Valley and Taylorsville Cities with non-emergency services including, but not limited to, dignitary protection, no-knock search warrant services and services of other high-risk search and/or arrest warrants.  MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -7- The Interlocal Cooperative Agreement between West Valley and Taylorsville Cities specifies that we are receiving $5,000 at the beginning of this Agreement and $10,000 at the beginning of every fiscal year. These funds are to cover the associated costs of vehicle maintenance/repairs, intelligence gathering, fuel charges and other soft costs. It is not uncommon for cities to combine their resources to provide SWAT services effectively and efficiently to their citizens. Currently there are three integrated SWAT teams in the Salt Lake Valley and many more across the state and throughout the country. They have shown themselves to be successful and allow organizations to combine their resources in a fiscally responsible way. The West Valley City Police Department will maintain overall command of the Integrated SWAT Team in all tactical situations. 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 Resolution 23-75 Councilmember Huynh 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. RESOLUTION 23-76: AUTHORIZE THE PURCHASE OF EQUIPMENT FROM GARRETT PARKS AND PLAY FOR COUNTRY MEADOWS PARK Wayne Pyle, City Manager, presented proposed Resolution 23-76 that would authorize the Purchase of Equipment from Garrett Parks and Play for Country Meadows Park. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -8- Country Meadows Park was built in 1995. Due to use, weather and age, the playground in Country Meadows currently is in need of replacement. In 2022, Parks and Recreation applied for and received CDBG funding for the replacement of the Country Meadows Park playground. At over 27 years of age, this is one of the oldest playgrounds in West Valley City and has needed to be replaced for several years. As part of the playground replacement, the impact surfacing will be changed from sand to artificial turf and a ramp will be installed to better facilitate entrance into the playground by those with mobility challenges. Outdoor exercise equipment will also be added as we have been doing in our newly constructed parks. Garret Parks and Play has State of Utah purchasing contract number MA2568 for playgrounds. They will be supplying and installing the playground and other related amenities. 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 23-76. Councilmember Fitisemanu 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. RESOLUTION 23-77: APPROVE AMENDMENT NO. 3 TO THE RESIDENTIAL SOLID WASTE COLLECTION, DISPOSAL, AND CURBSIDE RECYCLING SERVICE AGREEMENT BETWEEN WEST VALLEY CITY AND ACE DISPOSAL INC. Wayne Pyle, City Manager, discussed proposed Resolution 23-77 that would approve Amendment No. 3 to the Residential Solid Waste Collection, Disposal, and Curbside Recycling Service Agreement Between West Valley City and Ace Disposal Inc. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -9- The City’s current agreement with Ace Disposal includes an automatic price increase of 2.5% per year for residential solid waste collection, recycling, bulky waste collection and the Neighborhood Dumpster Program to cover the increasing cost of doing business. In the last couple of years, the rate of inflation has outpaced the fee increase built into the contract. To address inflating costs last year, Ace requested an additional 2.5% increase, which took effect July 1, 2022. The rate of inflation growth has since slowed from over 8% to 5% year over year but has still outpaced the 2.5% fee increase in the contract. Ace has again requested a price increase from the City of an additional 2.5%. It is estimated that this increase will cost the City approximately an additional $80,000. 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 23-77. Councilmember Christensen 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. RESOLUTION 23-78: AWARD A CONTRACT TO INTERMOUNTAIN SLURRY SEAL, INC. FOR THE 2023 MICROSURFACE PROJECT Wayne Pyle, City Manager, discussed proposed Resolution 23-78 that would award a Contract to Intermountain Slurry Seal, Inc. for the 2023 Microsurface Project. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -10- The bid opening for the 2023 Micro-surface Project was held on May 2, 2023. This project consists of placing a microsurfacing treatment on both 3200 West and 3600 West between 4100 and 4700 South. Intermountain Slurry Seal, Inc. is the only contractor that submitted a bid for this project in the amount of $455,163. The original bid documents included lane striping, but after reviewing the bid prices for striping, both the city and Intermountain Slurry Seal agreed to eliminate striping from the contract. The city will handle the striping independent from this contract upon completion of the microsurfacing treatment. The adjusted bid price to be considered for the award is $332,350. 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 23-78. Councilmember Whetstone 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. UNFINISHED BUSINESS A. 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  MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -11- catchup purchases and projects that otherwise would have to be further delayed, 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 Fitisemanu verified that any items on the proposed list would still need to return to Council for approval. 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 Fitisemanu moved to approve Resolution 23-67 Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon No Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Majority. Motion passes. B. 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:  MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -12- 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, 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. Councilmember Nordfelt stated that all hotels that responded as well as the Maverik Center and West Valley City Parks Department have requested that this item be approved. He stated that he believes this will benefit the City and bring more people to West Valley hotels and events. Councilmember Huynh disagreed and stated that the Maverik Center and City have been bringing in events successfully for years. Councilmember Harmon stated that hotel users would pay this fee and those monies would then be spent as the hoteliers decide. 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 23-72 Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon No Councilman Huynh No Councilman Christensen Yes Councilman Nordfelt Yes  MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -13- Mayor Lang No Majority. Motion passes. CONSENT AGENDA A. RESOLUTION 23-79: ACCEPT A WARRANTY DEED FROM DELGADO AND SONS TRUCKING, LLC FOR PROPERTY LOCATED AT 6611 WEST SR-201SOUTH FRONTAGE ROAD Wayne Pyle, City Manager, discussed proposed Resolution 23-79 that would accept a Warranty Deed from Delgado and Sons Trucking, LLC for Property Located at 6611 West SR-201South Frontage Road. Written documentation previously provided to the City Council included information as follows: Delgado & Sons Trucking, LLC, a Utah limited liability company has signed a Warranty Deed for property located at 6311 W. SR-201 South Frontage Road (14-23-100-005) which is the site for the expansion of Delgado & Sons Trucking. The Delgado & Sons Trucking, LLC expansion project is located on the south side of the SR-201 South Frontage Road at 6311 West. As a condition of approval of the project, conveyance of additional SR-201 South Frontage Road right-of-way was required. 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 the item on the consent agenda. Councilmember Whetstone 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  MINUTES OF COUNCIL REGULAR MEETING JUNE 6, 2023 -14- 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, JUNE 6, 2023 WAS ADJOURNED AT 7:04 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, June 6, 2023. _______________________________ Nichole Camac, CMC City Recorder