City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 3, 2024 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, SEPTEMBER 3, 2024 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 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Ifo Pili, City Manager Nichole Camac, City Recorder John Flores, Assistant City Manager Eric Bunderson, City Attorney 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 Jamie Young, Parks and Recreation Director (electronically) Jonathan Springmeyer, RDA Director Sam Johnson, Strategic Communications Director Ken Cushing, IT (electronically) Travis Crosby, IT OPENING CEREMONY- COUNCILMEMBER DON CHRISTENSEN Councilmember Christensen asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD AUGUST 27, 2024  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 3, 2024 -2- The Council considered the Minutes of the Regular Meeting held August 27, 2024. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held August 27, 2024. Councilmember Harmon seconded the motion. A voice vote was taken and all members voted in favor of the motion. PUBLIC COMMENT PERIOD Kelly Bertoch stated that he doesn’t feel like he belongs to West Valley City. He expressed concern regarding on-street parking in neighborhoods. Mr. Bertoch also expressed concern about lack of communication between staff and citizens. Mike Markham expressed concern about Code Enforcement. He stated that he has had difficulties with new neighbors moving into his neighborhood and not maintaining their properties. He expressed opposition to reducing the number of City Council meetings. Jim Vesock expressed concern about Code Enforcement. He stated that he would like the Development Agreement for the Redwood Drive In to address when construction of items be complete. Mr. Vesock stated that he would support moving the meetings to twice per month. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-5-2024, FILED BY SHANE SANDERS, REQUESTING A ZONE CHANGE FROM A (AGRICULUTRE, MINIMUM LOT SIZE 1/2 ACRE) TO C-1 (NEIGHBORHOOD COMMERCIAL) FOR PROPERTY LOCATED AT 5529 WEST 4100 SOUTH Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled September 3, 2024, in order for the City Council to hear and consider public comments regarding Application Z-5-2024, Filed by Shane Sanders, Requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to C-1 (Neighborhood Commercial) for Property Located at 5529 West 4100 South. Written documentation previously provided to the City Council included information as follows: Shane Sanders with Sanders Associates Architects has submitted a zone change application for two parcels totaling 0.96 acres located at 5529 West 4100 South. The property is currently zoned A (Agriculture, minimum lot size ½ acre) with a General Plan designation of General Commercial. The proposed zone is C-1 (Neighborhood Commercial). MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 3, 2024 -3- Surrounding zoning includes RB (Residential Business) and R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 square feet) to the north, A to the east, R-1-7 (Single Unit Dwelling Residential, minimum lot size 7,000 square feet) to the south, and C-1 to the west. Surrounding land uses include single unit dwellings to the north and south, a CVS store to the west, and agricultural property to the east. While the two subject parcels had homes on them, the homes were demolished around the time UDOT widened this portion of 4100 South as part of the Mountain View Corridor project. Hence, the parcels are currently vacant. If this application is approved, the owner of the property, Mountain America Credit Union, would like to build a new credit union branch at this location. A concept plan is included with this report. Also included is a letter from the applicant providing support for this application. Mayor Lang opened the Public Hearing. Kelly Bertoch stated that he is opposed to this item due to the potential increase in traffic. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 24-34, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 5529 WEST 4100 SOUTH FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO C- 1 (NEIGHBORHOOD COMMERCIAL) The City Council previously held a public hearing regarding proposed Ordinance 24-34 that would amend the Zoning Map to Show a Change of Zone for Property Located at 5529 West 4100 South from A (Agriculture, Minimum Lot Size 1/2 Acre) to C-1 (Neighborhood Commercial). 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 24-34. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 3, 2024 -4- Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-6-2024, FILED BY SHIVAM SHAH, REQUESTING A ZONE CHANGE FROM LI (LIGHT INDUSTRIAL) TO C-3 (TRANSITIONAL COMMERCIAL) FOR PROPERTY LOCATED AT 5718 WEST 3500 SOUTH Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled September 3, 2024, in order for the City Council to hear and consider public comments regarding Application Z-6-2024, Filed by Shivam Shah, Requesting a Zone Change from LI (Light Industrial) to C-3 (Transitional Commercial) for Property Located at 5718 West 3500 South Written documentation previously provided to the City Council included information as follows: Shivam Shah has submitted a zone change application for a 5.35-acre parcel located at 5718 West 3500 South. The property is currently zoned LI (Light Industrial) with a General Plan designation of Light Manufacturing. The proposed zone is C-3 (Transitional Commercial). For reference, a copy of the commercial and manufacturing zones use table is included with this issue paper. All uses that are regulated differently in the C-3 zone from the LI zone are highlighted. In some ways, the C-3 zone is more flexible than the LI zone in that it allows retail and service uses like restaurants, financial institutions, and grocery stores while the LI zone does not. In other ways, the C-3 zone is more restrictive than the LI zone in that it prohibits certain industrial uses like heavy truck and trailer service and truck transfer companies. Also included with this issue paper is the commercial and manufacturing zones standards table. All standards that are different in the C-3 zone from the LI zone are highlighted. If this property is rezoned to C-3, the landscaping percentage would be nonconforming. The current landscape percentage of 12.3% meets the LI zone minimum of 10% but falls short of the C-3 zone minimum of 15%. MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 3, 2024 -5- This property was rezoned from C-2 (General Commercial) to LI back in 2021. The zone change was approved subject to a development agreement that required certain building design standards that have been met. Mayor Lang opened the Public Hearing Kelly Bertoch stated that he is opposed to zone changes. He expressed concern regarding traffic issues and safety. Shivam Shah stated that he is the applicant. He indicated that leases will be for 6- 12 months so that if there is a nuisance, those leases can be terminated. Mr. Shah stated that security is a priority as well. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 24-35, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 5718 WEST 3500 SOUTH FROM LI (LIGHT INDUSTRIAL) TO C-3 (TRANSITIONAL COMMERCIAL) The City Council previously held a public hearing regarding proposed Ordinance 24-35 that would amend the Zoning Map to Show a Change of Zone for Property Located at 5718 West 3500 South from LI (Light Industrial) to C-3 (Transitional Commercial). 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 24-35. 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.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 3, 2024 -6- RESOLUTION 24-134: AUTHORIZE THE PURCHASE OF TWO AMBULANCES FROM FRAZER, LTD. Mayor Lang presented proposed Resolution 24-134 that would authorize the Purchase of Two Ambulances from Frazer, Ltd. Written documentation previously provided to the City Council included information as follows: The purchase of (2) Ambulances will replace 2015 and 2016 ambulances. The ambulance boxes will constructed and mounted on Ford chassis which we have purchased and will be delivered to Frazer for the mounting of the new units. With a projected delivery time for the new ambulances being 1 year, this bid will secure the pricing until the delivery of the chassis and the manufacturing of the ambulance boxes. Frazer, Ltd. is a participant in the Houston-Galveston Area Council, an interlocal entity offering purchasing and procurement services to municipalities around the nation. West Valley City is a member of HGAC and is entitled to purchase services at HGAC prices and from HGAC affiliates and members. Since this purchase is in accordance with HGAC procedures, procurement requirements have been satisfied pursuant to Section 5-3-108 of the West Valley City Municipal Code. The price indicated below is a competitive price and the product meets the City's needs. 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 24-134. 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.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 3, 2024 -7- RESOLUTION 24-135: AUTHORIZE THE PURCHASE OF TWO STRETCHER SYSTEMS FROM STRYKER MEDICAL Mayor Lang presented proposed Resolution 24-135 that would authorize the Purchase of Two Stretcher Systems from Stryker Medical. Written documentation previously provided to the City Council included information as follows: This resolution authorizes the purchase of (2) Power Pro Cot and Power Load systems from Stryker Medical. Also authorize the purchase of an extended warranty on the Power Pro Cot and Power Load System on each of the system component. The extended warranty will cover all annual preventative maintenance, repairs including parts and labor, and battery coverage for a time of 5 years. With Council approval of the purchase of (2) new ambulances it is necessary that a Stretcher system be purchased to be placed into that ambulance. The Stryker Power Pro Cot and Power Load system allows Fire/ EMS personnel to safely and smoothly load and un-load a patient without putting an extensive physical strain on responders. These systems are also crash tested to meet National standards for staying secure during a vehicle accident (AS/NZS-4535, SAE J3027). Unit Cost- $73,768- Stryker Medical- Total Cost: $147,536.12 Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon noted that the loading system is also included. Councilmember Christensen moved to approve Resolution 24-135. 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 Yes  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 3, 2024 -8- Unanimous. NEW BUSINESS RESOLUTION 24-140: AUTHORIZE THE CITY TO TAKE CERTAIN ACTIONS WITH RESPECT TO THE DISPOSITION OF REAL PROPERTY BY THE REDEVELOPMENT AGENCY Mayor Lang presented proposed Resolution 24-140 that would authorize the City to Take Certain Actions With Respect to the Disposition of Real Property by the Redevelopment Agency. Written documentation previously provided to the City Council included information as follows: Upon the written request from West Valley Hotel Holdings, LLC to terminate the Asset Management Agreement and Purchase Option for the Embassy Suites Hotel in West Valley City, a Settlement Agreement was drafted and signed by Ifo Pili, acting as the Executive Director of the WVC RDA. Having had previous meetings with the Buyer’s agents, the Economic Development Department reached out to discuss the purchase of the Embassy Suites Hotel. The agent subsequently submitted a Letter of Intent to purchase the hotel, which was signed and accepted by Ifo Pili. After negotiations, property inspections, and some other initial due diligence, an offer was presented to the WVC RDA in the form of a Purchase and Sale Agreement in the amount of $32,000,000 with $6,000,000 being credited to Buyer at closing. The balance after credit, and commission to Buyer’s Agent, will be sufficient to repay all debt remaining on the hotel property. The Purchase and Sale Agreement has a Settlement Deadline of 75 days from acceptance, and $100,000 Earnest Money Deposit 5 days from acceptance. Because the City was a party to certain agreements concerning the construction and financing of the hotel, the City will be required to execute appropriate documents to complete closing and transfer title. 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 24-140. Councilmember Fitisemanu seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 3, 2024 -9- Councilman Fitisemanu Yes 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 Harmon all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, SEPTEMBER 3, 2024 WAS ADJOURNED AT 6:58 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, September 3, 2024. _______________________________ Nichole Camac, MMC City Recorder