City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, SEPTEMBER 12, 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 PRO TEM TOM HUYNH THE FOLLOWING MEMBERS WERE PRESENT: Karen Lang, Mayor (electronically) Don Christensen, Councilmember At-Large Lars Nordfelt, Councilmember At-Large Tom Huynh, Mayor Pro Tem/ 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 Eric Bunderson, City Attorney Colleen Jacobs, Police Chief (electronically) John Evans, Fire Chief Jim Welch, Finance Director (electronically) Steve Pastorik, CED Director Peggy Daniels, Acting CPD Director Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director John Flores, HR Director Jonathan Springmeyer, Acting RDA Director Sam Johnson, Strategic Communications Director Ken Cushing, IT (electronically) OPENING CEREMONY- COUNCILMEMBER DON CHRISTENSEN Councilmember Christensen welcomed the West Valley City 14U State Championship girls softball team. Mr. Erickson, their coach, introduced the team and detailed their achievements over the course of the year. The team asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -2- APPROVAL OF MINUTES OF REGULAR MEETING HELD SEPTEMBER 5, 2023 The Council considered the Minutes of the Regular Meeting held September 5, 2023. There were no changes, corrections or deletions. Councilmember Whetstone moved to approve the Minutes of the Regular Meeting held September 5, 2023. Councilmember Harmon seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Michael Finch stated that he was pleased to see the nomination of Jamie Young as the new Parks and Recreation Director scheduled on the agenda. He indicated that he has worked with Jamie on the WestFest committee and noted that she is a good leader, can succeed when things don’t go according to plan, and makes good decisions. Mr. Finch stated that Jamie has a long history with the City and believes she will be a great director. He thanked Nancy Day for her years of service. Jim Vesock stated that he would speak in opposition to the approval of Jamie Young as the new Parks and Recreation Director. He noted that he believes park maintenance in the City has gone down and added that he believes the position to go to someone who has more budget experience. Mr. Veosk stated that the new City Manager should be able to decide who takes this position and there is no rush to get it filled. James Chester expressed concern about a proposed rezoning in Highbury. He indicated that the development would change the quiet neighborhood to a resort style subdivision and he would be concerned for the safety of his granddaughter who he is raising, Mr. Chester encouraged the Mayor and Council to deny this application when it comes before them for consideration. Trudy Magby expressed concern about speeding on Palmer Drive. She indicated that she has been working with Erik Brondum in Public Works and has submitted an application for a traffic study but the street didn’t qualify for speed bumps. Ms. Magby stated that there have been 3 accidents since she submitted the report and the community is concerned about safety. Walt Sorensen expressed concerned regarding the proposed rezone in Highbury. He stated that while this sounds like a great opportunity, this is the wrong location.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -3- Mr. Sorensen indicated that the area cannot support high density and increased traffic. He noted that he is also aware of speeding issues on Palmer Drive. Richard Nowak expressed concern about allowing for more and more high density development in the City. He indicated that this is building animosity between residents. He encouraged the Council to look at older parts of the Country to see how they’ve developed. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Councilmember Harmon noted that traffic calming will be studied next week. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION SMI-7-2022, FILED BY WEST VALLEY CITY, REQUESTING FINAL PLAT APPROVAL FOR THE WEST VALLEY LAND HOLDINGS SUBDIVISION- AMENDING A PORTION OF PARCEL A FAIRBOURNE STATION PHASE 1 SUBDIVISION LOCATED AT 3560 SOUTH CONSTITUTION BLVD Mayor Pro Tem Huynh informed a public hearing had been advertised for the Regular Council Meeting scheduled September 12, 2023, in order for the City Council to hear and consider public comments regarding Application SMI-7-2022, Filed by West Valley City, Requesting Final Plat Approval for the West Valley Land Holdings Subdivision- Amending a Portion of Parcel A Fairbourne Station Phase 1 Subdivision Located at 3560 South Constitution Blvd. Written documentation previously provided to the City Council included information as follows: The West Valley City Redevelopment Agency is requesting final approval for the WVLH Subdivision. The subdivision consists of 3 lots on 3 acres and is located at 3560 South Constitution Boulevard. The proposed subdivision is being requested to consolidate old property lines, establish 3 new lots for the Police building, future commercial uses and a parking lot. The subdivision will dedicate a portion of Lehman Avenue and will amend a portion of Parcel A in the Fairbourne Station Phase 1 Subdivision. Access to the subdivision will be gained from Constitution Boulevard,  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -4- Lehman Avenue and Market Street. A new access easement will be created from Lehman Avenue going north to the office tower. This easement will be located on lots 1, 2 and 3 and will be in favor of West Valley Office Holdings, LLC to provide access from Lehman Avenue to the office tower. The subdivision is located in the City Center Zone. All development proposals within the subdivision have or will require Planning Commission review. Mayor Pro Tem Huynh opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Pro Tem Huynh closed the Public Hearing. ACTION: ORDINANCE NO. 23-32, APPROVE THE AMENDMENT OF PARCEL A IN THE FAIRBOURNE STATION PHASE 1 SUBDIVISION The City Council previously held a public hearing regarding proposed Ordinance 23-32 that would approve the Amendment of Parcel A in the Fairbourne Station Phase 1 Subdivision. 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 23-32. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Mayor Pro Tem Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. ORDINANCE 23-33: AMEND SECTION 3-1-102 OF THE WEST VALLEY CITY MUNICIPAL CODE TO ESTABLISH RESIDENCY REQUIREMENTS FOR CERTAIN POSITIONS Wayne Pyle, City Manager, presented proposed Ordinance 23-33 that would amend Section 3-1-102 of the West Valley City Municipal Code to Establish Residency Requirements for Certain Positions.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -5- Written documentation previously provided to the City Council included information as follows: This ordinance amendment adds requirements that City Managers and Assistant City Managers have one year to establish residency in West Valley City and must remain in West Valley City for the remainder of their employment. 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 Harmon moved to approve Ordinance 23-33, Option 3 Councilmember Whetstone seconded the motion. Councilmember Nordfelt asked for clarification on option 3. Councilmember Harmon indicated that option 3 clarifies that failure to comply could result in loss of employment by majority vote of Council. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Mayor Pro Tem Huynh Yes Councilman Christensen Yes Councilman Nordfelt No Mayor Lang Yes Majority. RESOLUTION 23-124: AFFIRMING AN EXECUTIVE SEARCH AGREEMENT WITH AFFION PUBLIC, LLC Wayne Pyle, City Manager, presented proposed Resolution 23-124 that would affirm an Executive Search Agreement with Affion Public, LLC Written documentation previously provided to the City Council included information as follows: With the upcoming vacancy of the City Manager position, the City requires professional services to fill that vacancy. To support a high-quality recruitment and evaluation process, the City will utilize the service of the executive search firm, Affion Public.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -6- 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 Harmon moved to approve Resolution 23-124. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Mayor Pro Tem Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-125: RATIFY THE CITY MANAGER'S APPOINTMENT OF JAMIE YOUNG AS PARKS AND RECREATION DIRECTOR Wayne Pyle, City Manager, presented proposed Resolution 23-125 that would ratify the City Manager's Appointment of Jamie Young as Parks and Recreation Director. Written documentation previously provided to the City Council included information as follows: Jamie Young has served West Valley City for over 23 years. She currently serves as the Assistant Director of Parks & Rec and Fitness Center Director for the last 5 years. In addition to her commitment with the Fitness Center operations, Jamie also serves as the President of the Utah Recreation and Parks Association (URPA. Most recently, Jamie graduated from the National Recreation and Parks Association; the nationally recognized 2-year professional development school focused on all aspects of Parks & Recreation. We are fortunate to have such a talented and experienced individual prepared to lead our Parks & Recreation Department. 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 23-125.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -7- Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Mayor Pro Tem Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. Nichole Camac, City Recorder, swore in Jamie Young as the new Parks and Recreation Director. RESOLUTION 23-126: ADOPT FINDINGS CONCERNING THE WEST VALLEY CENTRAL STATION AREA PLAN Wayne Pyle, City Manager, presented proposed Resolution 23-126 that would adopt Findings Concerning the West Valley Central Station Area Plan. Written documentation previously provided to the City Council included information as follows: During the 2022 general session, the Utah Legislature passed HB 462 which required municipalities with fixed-guideway public transit stations, such as light rail stations, to develop a station area plan for the ½ mile radius area around each transit station. Municipalities must adopt station area plans and land use regulations to implement those plans on or before December 31, 2025. HB 462 also required municipalities to have their station area plans certified by the applicable metropolitan planning organization which, in West Valley’s case, is Wasatch Front Regional Council. Where a municipality has already adopted a station area plan and land use regulations to implement the plan, that municipality may adopt a resolution finding that the station area plan objectives in State law have been substantially promoted. This resolution can then be used to obtain the required certification from the metropolitan planning organization without creating a new station area plan or new land use regulations. West Valley City adopted a station area plan called the City Center Vision for the area around the West Valley Central Station (just outside City Hall) on 12/21/2004. The City later updated this Plan as the Fairbourne Station Vision on 9/11/2012. The  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -8- City also adopted the City Center zone on 4/18/2006. Given these and many other actions taken by the City to make Fairbourne Station a reality, staff is requesting approval of this resolution to seek certification of the West Valley Central Station from Wasatch Front Regional Council. 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 23-126. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Mayor Pro Tem Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-127: AWARD A CONTRACT TO HIGHLAND GOLF FOR THE LEASE OF GOLF CARTS Wayne Pyle, City Manager, presented proposed Resolution 23-127 that would award a Contract to Highland Golf for the Lease of Golf Carts. Written documentation previously provided to the City Council included information as follows: Parks and Recreation publicly advertised requesting proposals for a five-year golf cart lease for Stonebridge Golf Club and The Ridge Golf Club. Both courses currently operate under a lease which will expire April 2024. Continuing in a lease program eliminates the need to purchase a fleet of golf carts which typically have a useful life range of 5 to 7 years and would increase the cost to the city. These carts will not include a GPS system as it was determined by staff that the additional cost of the current GPS system has not brought in the ROI initially anticipated. This is due in part to glitches in the system as well as manipulations by some players thus eliminating anticipated maintenance cost savings. This also has resulted in slower play particularly with tournaments due to users being unfamiliar with the system.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -9- The proposals received were evaluated and compared against each other in a matrix format by a committee of five. The proposed annual prices for the fleet of 209 vehicles is as follows. Annual Cost 5-Year Total Cost Highland Golf (Yamaha): $247,410.96 $1,237,054.80 Intermountain Golf Cars, Inc. (Club Car): $246,012.00 $1,230,060.00 RMT Equipment (EZ-GO): $225,048.84 $1,125,244.20 Analysis by staff shows that there would be an annual savings of $16,500 in fuel use with the Yamaha golf cart due to its leading industry fuel efficiency. It also has a lower emissions rate. Other savings with Yamaha is from its front end fail safe/breakaway material and improved body panels and windshield construction which the other brands don’t have. Annual savings from these would be approximately $4,500. This totals an annual savings of $21,000 with the Yamaha or $105,000 over the 5-year contract. Finally, several staff members from both courses sampled each brand and found the Yamaha to be more comfortable and have better power which is particularly helpful on The Ridge course with its terrain. This is due to the superior engine it comes equipped with. 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 Harmon moved to approve Resolution 23-127. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Mayor Pro Tem Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -10- RESOLUTION 23-128: AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH HORROCKS ENGINEERS FOR ENGINEERING SERVICES Wayne Pyle, City Manager, presented proposed Resolution 23-128 that would authorize the Execution of a Professional Services Agreement With Horrocks Engineers for Engineering Services Written documentation previously provided to the City Council included information as follows: Earlier this year, the Council approved a $1,000,000 CIP program modification for sidewalk improvements along 4000 West from 4100 South to 4700 South. Additional improvements will be considered with this project including, curb & gutter, roadway widening, drainage improvements, minor reconstruction as needed, rotomilling, and paving a new roadway surface. The WVC Engineering Division will likely perform the design in-house, but will utilize Horrocks Engineers, Inc. to perform the survey, subsurface utility identification, and right-of-way mapping tasks that are needed prior to design. This agreement will enable Horrocks Engineers, Inc. to complete the survey, utility, and right-of-way tasks needed for the Engineering Division to move forward with the design and develop the scope for the 4000 West improvements project between 4100 South and 4700 South. The scope of the project will dictate the final schedule, but we are estimating two years (2024-2025) for design, ROW acquisition and utility coordination with construction starting in the spring of 2026. 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 Whetstone moved to approve Resolution 23-128. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Mayor Pro Tem Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -11- Unanimous. RESOLUTION 23-129: AUTHORIZE THE CITY TO EXECUTE A BILL OF SALE FROM THE UTAH TRANSIT AUTHORITY FOR IMPROVEMENTS ON 2700 WEST Wayne Pyle, City Manager, presented proposed Resolution 23-129 that would authorize the Execution of a Professional Services Agreement With Horrocks Engineers for Engineering Services Written documentation previously provided to the City Council included information as follows: In 2018, West Valley City executed a Stakeholder Agreement with UTA to enable collaboration on the construction of certain roadway, sidewalk and bike lane improvements on 2700 West between 4100 South and 4700 South with UTA’s federally funded TIGER Grant Project. The City agreed to participate with matching funds, and UTA agreed to build the improvements. The agreement requires the City at the completion of the project to execute a “bill of sale”, transferring ownership and maintenance responsibility to the City. Upon signing this “bill of sale” the City formally accepts the improvements constructed by UTA. The project has been completed, and the City is satisfied with the improvements built by UTA. 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 23-129. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Mayor Pro Tem Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -12- Unanimous. CONSIDER APPLICATION SMI-1-2023, FILED BY DAVE LLORET, REQUESTING FINAL PLAT APPROVAL OF THE ADVANCED RV SUBDIVISON LOCATED AT 4581 WEST 3500 SOUTH Wayne Pyle, City Manager, discussed Application SMI-1-2023, Filed by Dave Lloret, Requesting Final Plat Approval of the Advanced RV Subdivision Located at 4581 West 3500 South. Written documentation previously provided to the City Council included information as follows: Dave Lloret is requesting final plat approval for the Advanced RV Subdivision. The subject property is located at 4581 West 3500 South and is bordered on the east by a small parcel zoned C-2, and the Lofts on 3500. Property to the south is zoned residential and property to the west is zoned C-2. Mr. Lloret would like to divide the existing parcel to create an additional lot in the southwest corner of the property. He will retain ownership of the smaller .80 acre piece and has an interested buyer looking to purchase the balance of the property, approximately 4 acres, for a future commercial use. Access to the new lot would be gained by an access easement recorded as part of the plat. The other access points from 3500 South will remain in effect as they are currently being used. The applicant has coordinated with UDOT and as no new or additional improvements are needed or required has received approval from UDOT. 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 Harmon moved to approve Application SMI-1-2023. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Mayor Pro Tem Huynh Yes Councilman Christensen Yes  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -13- Councilman Nordfelt Yes Mayor Lang Yes Unanimous. CONSENT AGENDA A. RESOLUTION 23-131: ACCEPT A WARRANTY DEED FROM ASAHI REFINING USA, INC. FOR PROPERTY LOCATED AT 4601 WEST 2100 SOUTH Wayne Pyle, City Manager, discussed proposed Resolution 23-131 that would accept a Warranty Deed from Asahi Refining USA, Inc. for Property Located at 4601 West 2100 South Written documentation previously provided to the City Council included information as follows: Asahi Refining USA, Inc. is located on the south side of 2100 South (SR- 201 South Frontage Road) at 4601 West. As a condition of approval of a building permit, conveyance of additional SR-201 South Frontage Road right-of-way was required. B. RESOLUTION 23-132: ACCEPT A WARRANTY DEED FROM KH MOUNTAIN INVESTMENTS, LLC FOR PROPERTY LOCATED AT 2630 SOUTH 3270 WEST Wayne Pyle, City Manager, discussed proposed Resolution 23-132 that would accept a Warranty Deed from KH Mountain Investments, LLC for Property Located at 2630 South 3270 West Written documentation previously provided to the City Council included information as follows: The KH Mountain Investments, LLC property is located on the west side of 3270 West at 2630 South. As a condition of approval of for a building permit, conveyance of additional right of way on 3270 West required. C. RESOLUTION 23-133: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM PAUL PHILLIPS FOR PROPERTY LOCATED AT 2635 SOUTH CONSTITUTION BLVD Wayne Pyle, City Manager, discussed proposed Resolution 23-133 that would authorize the City to Enter Into a Right of Way Purchase Agreement and Accept a MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -14- Warranty Deed and a Temporary Construction Easement With and From Paul Phillips for Property Located at 2635 South Constitution Blvd Written documentation previously provided to the City Council included information as follows: The Paul Phillips parcel located at 2635 S. Constitution Boulevard is one of several parcels affected by the Cross Towne Trail; 2700 West to Bangerter Highway Project. This project will provide for bike lanes on Parkway Boulevard from 2700 West to Bangerter Highway. The project will also construct sidewalks on Parkway Boulevard where they do not currently exist and add new ADA ramps at street intersections on Parkway Boulevard. Compensation for the purchase of the Warranty Deed, Temporary Construction Easement and improvements is $2,600.00 based upon the Administrative Compensation Estimate prepared by Meridian Engineering, Inc. The project is being funded through the Transportation Alternatives Program (TAP). The city is responsible for 6.77% of all project costs, including right of way, making the West Valley City share of the acquisition $176.02. . 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 items on the Consent Agenda. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Mayor Pro Tem Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. MOTION TO ADJOURN  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 12, 2023 -15- Upon motion by Councilmember Nordfelt all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, SEPTEMBER 12, 2023 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, September 12, 2023. _______________________________ Nichole Camac, CMC City Recorder