City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, JULY 18, 2023 AT 6:34 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 Jake Fitisemanu, Councilmember District 4 (electronically) ABSENT: William Whetstone, Councilmember District 3 STAFF PRESENT ELECTRONICALLY: Wayne Pyle, City Manager (electronically) Nichole Camac, City Recorder Bradley Jeppsen, City Attorney (electronically) Colleen Jacobs, Police Chief John Evans, Fire Chief (electronically) 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- MAYOR LANG Councilmember Christensen stated that today is Nelson Mandela International Day. He indicated that this is recognized by all Countries and encourages citizens to provide service or volunteerism in the community. Councilmember Christensen asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance.  MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -2- APPROVAL OF MINUTES OF REGULAR MEETING HELD JUNE 27, 2023 The Council considered the Minutes of the Regular Meeting held June 27, 2023. There were no changes, corrections or deletions. Councilmember Christensen moved to approve the Minutes of the Regular Meeting held June 27, 2023. Councilmember Harmon seconded the motion. A voice vote was taken and all members voted in favor of the motion. PRESENTATIONS A. REPORT BY COREY RUSHTON OF A PROPOSED PROPERTY TAX INCREASE BY JORDAN VALLEY WATER CONSERVANCY DISTRICT FOR WATER SERVICES PURPOSES Corey Rushton provided a report (attached) regarding a proposed property tax increase by Jordan Valley Water Conservancy District for water services. ACCEPT PUBLIC INPUT FROM THE PUBLIC AND/OR THE CITY COUNCIL REGARDING THE PROPOSED PROPERTY TAX INCREASE BY JORDAN VALLEY WATER CONSERVANCY DISTRICT Mayor Lang asked if there was any public input from those in attendance. Councilmember Christensen encouraged residents to attend the public hearing on August 9, 2023. Mayor Lang stated that water conservation is still important this year. There were no other comments or concerns expressed. AWARDS, CEREMONIES, AND PROCLAMATIONS A. PROCLAMATION DECLARING AUGUST AS "NEIGHBORHOOD NIGHTS" MONTH AND AUGUST 1, 2023 AS "NATIONAL NIGHT OUT 2023" IN WEST VALLEY CITY Councilmember Harmon read a Proclamation declaring August as “Neighborhood Nights” month and August 1, 2023 as “National Night Out 2023” in West Valley City. COMMENT PERIOD A. PUBLIC COMMENTS Bob Whipple stated that he would like to know more information about a traffic light in his neighborhood as well as the street lighting fee schedule and plan. Gundie Jones expressed concern about speeding on 4400 West as well as 3200 West and indicated that she would like to see speed bumps installed.  MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -3- India Elliot indicated that she is excited for the expansion of Bangerter Highway and for it to function as a freeway. She stated that expanding roads is not the only solution to transportation and encouraged installation of more bike lanes as well as increased public transportation. Kesa Vakapuna indicated that she operates a CDL trucking school in the Maverik Center overflow parking lot. She stated that she receives a lot of complaints from those living in the trailer parks and indicated that her hours and days have been restricted. Ms. Vakapuna stated it’s important for her to continue to operate in order to help put people back into the workforce. Jim Vesock stated that he would support the Form of Government being placed on a ballot for the upcoming election. He expressed concern regarding Code Enforcement and the Fitness Center and encouraged the City to promote the City reporting app on the website more. Mr. Vesock stated that he attended a funeral for a My Hometown volunteer and indicated that this gentleman should be recognized. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Mayor Lang noted that 3100 South has been striped for bike lanes. Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-4-2023, FILED BY WEST VALLEY CITY, REQUESTING A ZONE TEXT CHANGE TO AMEND CERTAIN REQUIREMENTS CONCERNING LANDSCAPING AND GARAGE SALES Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled July 18, 2023, in order for the City Council to hear and consider public comments regarding Application ZT-4-2023, Filed by West Valley City, Requesting a Zone Text Change to Amend Certain Requirements Concerning Landscaping and Garage Sales. Written documentation previously provided to the City Council included information as follows: Over the past several months the City Council has had many discussions regarding the practices, policies, and ordinances relating to code enforcement. As a result of these discussions, the Council directed staff to make several changes to policies and ordinances that will impact code MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -4- enforcement. Some of the ordinance changes requested by the Council impact Title 7 which is the City’s Zoning Ordinance. These Title 7 changes are the subject of this application and are described below. Section 7-1-103 This is the definitions section of the Zoning Ordinance. The proposed change to this section adds a definition for the term “Decorative Dirt”. Section 7-2-127 This section addresses standards for the use of artificial turf. The proposed change would allow artificial turf to be used in all parkstrips. Section 7-7-115 This section addresses standards for home occupations. The proposed change would reduce the allowed number of garage, basement, or yard sales from an annual maximum of four to an annual maximum of three. Section 7-11-205 This section addresses the landscaping and irrigation standards for single unit dwelling, twin home, and two unit dwelling lots. The proposed changes to this section would: require live plant material percentages to be determined by the size of the plant at full growth, not at planting, allow decorative dirt as a groundcover, and allow artificial turf to be counted toward all of the required live plant material. 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. 23-23, AMEND SECTIONS 7-1-103, 7-2-127, 7- 7-115, AND 7-11-205 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING LANDSCAPING AND GARAGE SALES The City Council previously held a public hearing regarding proposed Ordinance 23-23 that would amend Sections 7-1-103, 7-2-127, 7-7-115, and 7-11-205 of the West Valley City Municipal Code to Amend Certain Requirements Concerning Landscaping and Garage Sales. 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 Ordinance 23-23.  MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -5- Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Absent Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. ORDINANCE 23-28: AMEND SECTIONS 1-2-113, 10-1-110, 10-2-403, 10-2-405, 10- 2-502, 10-2-503, 10-2-504, 10-2-505, 10-2-506, 10-2-507, 10-2-508, 10-2-510, 10-2-511, 10-2-601, 10-3-204, 10-3-501, 10-3-701, AND 24-2-111A OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING ADMINISTRATIVE CODE ENFORCEMENT Wayne Pyle, City Manager, presented proposed Ordinance 23-28 that would smend Sections 1-2-113, 10-1-110, 10-2-403, 10-2-405, 10-2-502, 10-2-503, 10-2-504, 10-2-505, 10- 2-506, 10-2-507, 10-2-508, 10-2-510, 10-2-511, 10-2-601, 10-3-204, 10-3-501, 10-3-701, and 24-2-111A of the West Valley City Municipal Code to Amend Certain Requirements Concerning Administrative Code Enforcement. Written documentation previously provided to the City Council included information as follows: This ordinance amends Title 1 to increase the administrative citation penalty from $400 to $500 for third and subsequent violations. The ordinance also amends Title 10 to provide for a board composed of an administrative law judge and two citizens to preside over administrative hearings to determine whether a code violation exists. The ordinance also adds an affirmative defense to Title 24 to provide that vehicles covered with a vehicle cover are not inoperable vehicles subject to citation. 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 Ordinance 23-28. Councilmember Harmon seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -6- A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Absent Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. ORDINANCE 23-29: AMEND SECTION 1-2-102 OF THE WEST VALLEY CITY MUNICIPAL CODE TO UPDATE CERTAIN INFORMATION TECHNOLOGY FEES Wayne Pyle, City Manager, presented proposed Ordinance 23-29 that would amend Section 1-2-102 of the West Valley City Municipal Code to Update Certain Information Technology Fees. Written documentation previously provided to the City Council included information as follows: Several methods to provide GIS digital data and fees have been rendered obsolete by evolving technology, such as: 1. Hard Copy is rarely used since users can print their own maps from Google, etc. 2. WVC does not own Aerial Photos – SL County owns the aerial photography. WVC uses map services. 3. WVC no longer uses the US Public Land Survey System, therefore providing GIS data by Section / Quarter Section is outdated and would require extra time to clip City wide data into these units. 4. Requests are managed through the City Recorder/GRAMA requirements. The ultimate goals are to streamline the pricing structure and make request fulfillment easier for the requestor and City Staff. The current fee structure will be replaced with “Actual cost of processing pursuant to state law. Essentially, the City will recover costs of staff time to fulfill the request. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion.  MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -7- Councilmember Fitisemanu moved to approve Ordinance 23-29 Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Absent Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-104: RATIFY THE AGREEMENT BETWEEN THE CITY AND MATT AND STEPHANIE HANSEN FOR ADMINISTRATIVE LAW JUDGE SERVICES Wayne Pyle, City Manager, presented proposed Resolution 23-104 that would ratify the Agreement Between the City and Matt and Stephanie Hansen for Administrative Law Judge Services. Written documentation previously provided to the City Council included information as follows: Changes made to the administrative code enforcement (ACE) hearing process require the city to appoint new ALJ’s. After careful consideration of multiple applicants, the City has determined that Matt and Stephanie Hansen are highly qualified and experienced. The City is agreeing to pay Matt and Stephanie a fee of $100.00 per hour for services performed. 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 23-104. Councilmember Huynh seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Absent  MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -8- Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-105: APPROVE THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN WEST VALLEY CITY AND THE UTAH DIVISION OF FORESTRY, FIRE, AND STATE LANDS Wayne Pyle, City Manager, presented proposed Resolution 23-105 that would approve the Execution of a Cooperative Agreement Between West Valley City and the Utah Division of Forestry, Fire, and State Lands. Written documentation previously provided to the City Council included information as follows: This agreement is a continuation of an agreement which we have been a part of for the past five years. The agreement allows us to provide the initial fire attack on wildland fires in our city, and when the fire extends past our capabilities the State will assist in the suppression. With the agreement we will not be billed by the State for services to control the fire. In the agreement we have benchmarks we need to complete for this to move forward. We have met all the points which we as West Valley needs to commit to for the agreement. In West Valley we have a few areas which we could possibly utilize the state assistance for fire suppression of wildland incidents, such as the west bench of our city. 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 23-105. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes  MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -9- Councilman Whetstone Absent Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-106: APPROVE THE PURCHASE OF GARBAGE CANS FROM WASTEQUIP Wayne Pyle, City Manager, presented proposed Resolution 23-106 that would approve the Purchase of Garbage Cans from Wastequip. Written documentation previously provided to the City Council included information as follows: The Sanitation Division regularly purchases new garbage cans to satisfy demand from customers for new cans and to replace damaged cans. The pricing for the containers is based upon a bid award to other government entities and the containers are procured through OMNIA Partners, a national purchasing organization. The bids obtained through this organization enable the City to benefit from very competitively priced bids from another government agency, satisfying the City’s procurement requirements. This resolution authorizes the purchase of 1,872 garbage containers. 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 23-106. Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Absent Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes  MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -10- Councilman Nordfelt Yes Mayor Lang Yes Unanimous. CONSENT AGENDA A. RESOLUTION 23-107: AUTHORIZE THE CITY TO EXECUTE AN UNDERGROUND RIGHT OF WAY EASEMENT IN FAVOR OF ROCKY MOUNTAIN POWER Wayne Pyle, City Manager, discussed proposed Resolution 23-107 that would authorize the City to Execute an Underground Right of Way Easement in Favor of Rocky Mountain Power Written documentation previously provided to the City Council included information as follows: Rocky Mountain Power is requesting an Underground Right-of-way Easement across West Valley City property located at 2788 W. Lancer Way in order to install infrastructure for future charging facilities for the UTA Bus Hub expansion and the electric vehicle charging stations to be built in the City Hall parking lot. B. RESOLUTION 23-108: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED WITH AND FROM THE DONNA S. GLISSMEYER FAMILY TRUST FOR PROPERTY LOCATED AT 3389 WEST 4400 SOUTH Wayne Pyle, City Manager, discussed proposed Resolution 23-108 that would authorize the City to Enter Into a Right of Way Purchase Agreement and Accept a Warranty Deed With and From the Donna S. Glissmeyer Family Trust for Property Located at 3389 West 4400 South. Written documentation previously provided to the City Council included information as follows: The Donna S. Glissmeyer Family Trust property located at 3389 West 4400 South is one of several properties affected by the required removal and replacement of ADA ramps for the 2023 Asphalt Overlay Project. As part of this project several residential streets will be roto-milled and overlaid. Any existing ADA ramps which do not comply with the current ADA standards and regulations must be removed and replaced.  MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -11- The Warranty Deed will allow for construction over a portion of the property currently owned by the property owners. The portion of property being acquired is located at the northeast corner of Lot 28 of Hawarden Estates No. 2 and contains a total of 18 square feet. Compensation in the amount of $600.00 was based upon land values for property in the neighborhood. 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 items on the consent agenda. Councilmember Huynh seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Absent 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, JULY 18, 2023 WAS ADJOURNED AT 7:14 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, July 18, 2023. _______________________________ Nichole Camac, CMC  MINUTES OF COUNCIL REGULAR MEETING JULY 18, 2023 -12- City Recorder