City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, NOVEMBER 23, 2021 AT 4:30 P.M. AT WEST VALLEY CITY HALL, MULTIPURPOSE ROOM, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE MEETING WAS ALSO HELD ELECTRONICALLY VIA ZOOM. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 (electronically) Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 (electronically) Jake Fitisemanu, Councilmember District 4 (electronically) STAFF PRESENT: Wayne T Pyle, City Manager (electronically) Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney Scott Buchanan, Acting Police Chief John Evans, Fire Chief Jim Welch, Finance Director (electronically) Steve Pastorik, CED Director Layne Morris, CPD Director (electronically) Dan Johnson, Public Works Director (electronically) Nancy Day, Parks and Recreation Director (electronically) John Flores, HR Director Sam Johnson, Strategic Communications Director Ken Cushing, IT APPROVAL OF MINUTES OF STUDY MEETING HELD NOVEMBER 16, 2021 The Council considered the Minutes of the Study Meeting held November 16, 2021. There were no changes, corrections or deletions. Councilmember Christensen moved to approve the Minutes of the Study Meeting held November 16, 2021. Councilmember Nordfelt seconded the motion.  MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -2- A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDA FOR REGULAR CITY COUNCIL MEETING OF NOVEMBER 23, 2021 Steve Pastorik provided an update to GPZ-14-2021. He indicated that the applicant re- allocated pavement from the road to provide driveways in every unit. The Mayor and Council discussed restricting parking on 3200 West with signage. Councilmember Huynh stated that he doesn’t feel the proposed changes are sufficient. Mayor Bigelow asked how this compares to recent projects the Council has approved. Steve replied that staff feels the architecture and size is comparable to other projects in the City. Councilmember Christensen stated that there is a minimal increase in open space. Councilmember Lang asked if the basements will be entirely below grade. Steve replied that the drawings indicate that they will be below grade but grading and drainage has not yet been conducted. Councilmember Lang stated that she would prefer the basements be constructed with the current grade and wouldn’t want to see the topography raised to accommodate. Upon inquiry by Mayor Bigelow, members of the Council had no further questions or concerns regarding items listed on the Agenda for the Regular City Council meeting scheduled later this night. PUBLIC HEARINGS SCHEDULED FOR DECEMBER 7, 2021 A. ACCEPT PUBLIC COMMENT REGARDING APPLICATION S-2-2021, FILED BY SHAUN JOHNSON, REQUESTING FINAL PLAT APPROVAL FOR THE WESTON FIELDS SUBDIVISION- REVISED FINAL PLAT AND AMENDING CERTAIN LOTS IN THE BROOKFIELD PHASE 11 SUBDIVISION Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled December 7, 2021, in order for the City Council to hear and consider public comments regarding application S-2-2021, Filed by Shaun Johnson, Requesting Final Plat Approval for the Weston Fields Subdivision- Revised Final Plat and Amending Certain Lots in the Brookfield Phase 11 Subdivision Proposed Ordinance 21-65 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 21-65, APPROVE THE AMENDMENT OF LOTS 1103-1105 OF THE BROOKFIELD PHASE 11 SUBDIVISION Steve Lehman, CED, discussed proposed Ordinance 21-65 that would approve the Amendment of Lots 1103-1105 of the Brookfield Phase 11 Subdivision Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -3- During the review of Weston Fields Subdivision Phase 1, an amendment to lots 309-312 of the Brookfield Phase 3 Subdivision and lot 1107 of the Brookfield Phase 11 Subdivision was approved. The subdivision amended those lots to resolve existing fence locations that had been in existence for over 30 years. Rather than remove fences that have been in place for those many years, the developer was willing to give up a few feet of property so the fences could stay. Now that the subdivision is going through the final stages of final plat and plan review, the surveyor of record noticed that 3 additional lots in the Brookfield subdivision would also be in the same predicament. The developer has reached an agreement with the adjacent owners of lots 1103, 1104 and 1105 of the Brookfield Phase 11 Subdivision to the north. The developer would be willing to lose a bit of property in order to keep the existing fences as they are. This application simply includes these lots within the boundary of the City Councils previously approved Weston Fields Phase 1 final plat. Lots in the Weston Fields Subdivision adjacent to the Brookfield lots will be modified to accommodate this adjustment. Staff believes the resolution to this fencing matter is a good faith effort on behalf of the developer to allow existing fences to remain in place, thus reducing the impact to residents who have landscaped and used their yards for many years. The City Council will consider Ordinance 21-65 at the Regular Council Meeting scheduled December 7, 2021 at 6:30 P.M. CONSENT AGENDA SCHEDULED FOR DECEMBER 7, 2021 A. RESOLUTION 21-199: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM AMERICO REAL ESTATE COMPANY FOR PROPERTY LOCATED AT 4690 SOUTH 4000 WEST Mayor Bigelow discussed proposed Resolution 21-199 that would authorize the City to enter into a Real Estate Purchase Agreement and Accept a Warranty Deed and a Temporary Construction Easement with and from Americo Real Estate Company for Property Located at 4690 South 4000 West. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -4- The Americo Real Estate Company parcel located at 4690 South 4000 West is one of several parcels affected by the 4700 South Reconstruction Project (4000 West to 5600 West). This project is being constructed in cooperation with Kearns Metro Township. This project will reconstruct the pavement, curb, gutter, sidewalk and decorative street lighting on both sides of 4700 South and 4715 South to improve safety and ride quality of 4700 South and 4715 South. Compensation for the purchase of the Warranty Deed, Temporary Construction Easements and improvements in the amount of $84,000.00 was negotiated based upon the appraisal report prepared by Van Drimmelen Associates, Inc. which indicated a value of $78,700.00. The project is being funded under the Surface Transportation Program (STP) with federal funds. Kearns Metro Township executed the Federal Aid Agreement with UDOT. West Valley City has signed an Interlocal Agreement with Kearns Metro Township. The city is responsible 6.77% of all project costs, including right of way, within West Valley City jurisdictional limits. The total compensation for the Warranty Deed and a Temporary Construction Easement is $84,000.00, making the West Valley City share of the acquisition $5,686.80. B. RESOLUTION 21-200: 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 CLINT PERRY FOR PROPERTY LOCATED AT 4869 WEST ROYAL ANN DRIVE Mayor Bigelow discussed proposed Resolution 21-200 that would 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 Clint Perry for Property Located at 4869 West Royal Ann Drive. Written documentation previously provided to the City Council included information as follows: The Clint Perry property is one of several properties affected by the required removal and replacement of pedestrian ramps to meet current ADA standards as part of the 2022 Pedestrian Ramp Project. As part of this project pedestrian ramps will be constructed at various locations throughout the city in locations where they do not currently exist and existing pedestrian ramps which do not comply with current ADA standards will be removed and replaced.  MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -5- The Warranty Deed and the Temporary Construction Easement will facilitate construction of the pedestrian ramps. Compensation in the amount of $425.00 was negotiated based upon land values for properties in the area. C. RESOLUTION 21-201: 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 THE FRED M. AUSTIN FAMILY TRUST FOR PROPERTY LOCATED AT 4403 SOUTH 4625 WEST Mayor Bigelow discussed proposed Resolution 21-201 that would 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 the Fred M. Austin Family Trust for Property Located at 4403 South 4625 West Written documentation previously provided to the City Council included information as follows: The Fred M. Austin and Lorraine H. Austin Family Trust No. 1 property is one of several properties affected by the required removal and replacement of pedestrian ramps to meet current ADA standards as part of the 2022 Pedestrian Ramp Project. As part of this project pedestrian ramps will be constructed at various locations throughout the City in locations where they do not currently exist and existing pedestrian ramps which do not comply with current ADA standards will be removed and replaced. The Warranty Deed and the Temporary Construction Easement will facilitate construction of the pedestrian ramps. Compensation in the amount of $650.00 was negotiated based upon land values for properties in the area. D. RESOLUTION 21-202: 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 MICHAEL P. KING FOR PROPERTY LOCATED AT 5025 WEST ROYAL ANN DRIVE Mayor Bigelow discussed proposed Resolution 21-202 that would 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 Michael P. King for Property Located at 5025 West Royal Ann Drive Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -6- The Michael P. King property is one of several properties affected by the required removal and replacement of pedestrian ramps to meet current ADA standards as part of the 2022 Pedestrian Ramp Project. As part of this project pedestrian ramps will be constructed at various locations throughout the city in locations where they do not currently exist and existing pedestrian ramps which do not comply with current ADA standards will be removed and replaced. The Warranty Deed and the Temporary Construction Easement will facilitate construction of the pedestrian ramps. Compensation in the amount of $800.00 was negotiated based upon land values for properties in the area. Upon inquiry, there were no further questions or concerns expressed by members of the City Council. The City Council will consider Resolutions 21-199 through 21-202 at the Regular Council Meeting scheduled December 7, 2021, at 6:30 P.M. COMMUNICATIONS A. STRATEGIC PLAN PRESENTATION- HUMAN RESOURCES John Flores, HR Director, presented a PowerPoint presentation summarized as follows: - Year Review o Compensation Increases o Insurance Plans o Workflow Processes (digital) o Paylocity Utilization o Police Recruitment/Retention o COVID Management - Pandemic and Employees o Keep employees safe o Reduce work exposures o Reduce missed work o Get employees back to work as soon as possible o Be prepared, be responsive - Retention and Recruitment o Adjustments to standard workplace o Employee basic workplace needs (safety, benefits, support) o Be innovative and open to new ideas - HR Data and Metrics o Must develop processes that will provide relevant data  MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -7- - Summary o HR Operations  Basics requirements are met to support overall City needs o Pandemic Response  Continue to be innovative and persistent in handling pandemic challenges o Employee Retention  Recruitment and retention efforts will be emphasized for current and anticipated needs o HR Metrics  Develop and utilize metrics tracking tools to provide more strategic support for City operations Councilmember Buhler asked if there was significant Covid exposure in a particular department. John replied that public safety has more exposure because they work closer to the public. He stated that there have only been significant increases once or twice. Wayne noted that the employees have been very responsive and cooperative with COVID protocols and procedures. The Mayor and Council had no further questions or concerns. B. STRATEGIC PLAN PRESENTATION- LEGAL Eric Bunderson, City Attorney, presented a PowerPoint presentation summarized as follows: - Executive Summary o The Office of Justice and Technology (OJT) is fully staffed, trained, and ready to execute its mission for Fiscal Year 2022- 2023. OJT may be requesting Program Modifications in order to fund higher insurance premiums due to the new facilities built in the City in the last fiscal year, increased cyber insurance premiums, and various security measures to protect against cyber-attack. o OJT provides comprehensive in-house legal counsel, risk management, prosecution, and victim advocacy services to the City, as well as comprehensive telephone and data support and security. OJT consists of 37 employees -- 24 in the Legal Department, 12 in the Information Technology (IT) Division, and one in the Central Services Division and the Wireless MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -8- Communications Division. The combined budgets for FY 2021- 2022 total $9,610,489, broken out as follows: o Legal Department = $4,553,701 o IT Division = $2,235,286 o Central Services Division = $2,694,222 o Wireless Communications Division = $127,280 - Civil Division o The Civil Division is housed in City Hall and consists of four attorneys, including the City Attorney, and four support staff. The Division provides support to all City departments in all aspects of operation, including personnel, land use, and collections. One of the attorneys is assigned full-time to support Public Safety. o Maintaining continuity of service is a major focus for the Division. Both the 2020 earthquake and the ongoing pandemic highlighted the need to ensure continued functionality during emergencies and unusual circumstances. The Civil Division is able to deliver all services from any location by means of internet or cellular network services. The Division’s employees can operate from City Hall, from home, and from offsite locations during emergencies, and can be widely dispersed with equal efficiency. o The Civil Division’s cross-training efforts over the last few years have allowed for the efficient allocation of projects and responsibilities, all at current staffing levels. All Division employees are able to assist citizens with their most common questions and concerns, even if the employees’ primary responsibilities do not involve those issues. Cross-training has improved response times, allowing the Division’s employees to promptly resolve issues, including immediately referring citizens to the proper authorities as necessary. - Risk Management o During the fiscal year, OJT once again worked with all departments to coordinate and pass a series of insurance inspections by the City’s primary insurance provider, Utah Risk Management Agency (URMA). During the inspections, City and URMA employees examined sprinkler systems, fire hazards, slip and trip hazards, as well as personnel policies and training. The City successfully passed all URMA inspections. MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -9- o Risk Management has overseen numerous claims and continues to manage outside legal counsel on the handful of lawsuits discussed with the City Council during closed sessions. - Prosecution Division o The Prosecution Division is temporarily housed in the Police Headquarters building and consists of seven attorneys and three support staff. The Division prosecutes all misdemeanors occurring within the boundaries of West Valley City. As a reminder, misdemeanor crimes are those which are punishable by less than one year of imprisonment. Infractions, class C misdemeanors, and class B misdemeanors are all prosecuted in the West Valley City Justice Court located in the old Public Safety Building directly across the tracks from City Hall. Two judges, Clint Gilmore and Brendon McCullagh, preside over the Justice Court cases. The most serious class B and C misdemeanors are domestic violence and DUI cases. o The Prosecution Division also prosecutes cases in the Third District Court, at the Matheson Courthouse located at 450 South State Street. The Division prosecutes numerous drug and theft cases, as well as domestic violence cases with greater injuries and DUI cases involving children or injuries. o The COVID pandemic has caused lengthy delays and inconsistencies within both the Justice Court and Third District Court systems. Most court cases have been held via video. Trials have been delayed, with jury trials resuming only as recently as September 2021. o The Division’s attorneys take turns rotating through the United States Attorney’s Office on a yearly basis to prosecute violent gun cases occurring within the boundaries of West Valley City. This partnership has been in place for over a decade and has yielded several long sentences for some of West Valley City’s worst criminals. o The attorneys’ prosecutorial experiences range from 22 years to brand new. The attorneys cross-train and keep current on all Utah State Bar licensing requirements, including mandatory continuing legal education (CLE) that includes the latest case law and statutory updates. The attorneys also have seats on various committees in the criminal justice system, including Ryan Robinson’s current service as President of the Statewide Association of Prosecutors (SWAP). - Victim Services Office MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -10- o The Victim Services Office consists of a Victim Services Coordinator and five Victim Advocates. The Office, part of the Prosecution Division, assists in all aspects of victim advocacy and prosecution. The Division’s employees work in courtrooms, on scene wherever needed in the City, and directly with the Police Department on cases involving victims. In fact, the Office has satellite offices within the new Police Headquarters building, where Victim Advocates are ready and on-call 24/7. The Victim Services Coordinator, in conjunction with the Legal Department’s Operations Manager, administers two grants, CDBG and VOCA, that provide funding for the Victim Services Office. The funds allows the Office to provide exemplary assistance and services for the citizens of West Valley City. - Information Technology o The IT Division, the Central Services Division, and the Wireless Communications Division consist of 13 employees – three in Network Operations; three in Helpdesk; three in Software Implementation/Programming/Reporting; one in Geographical Information Systems; one in Document Management; one in the Central Services Division and the Wireless Communications Division; and Ken Cushing, IT Division Head. o The Network Operations team installs and maintains all servers and network infrastructure and administers the security of all systems and user access. Josh Kester, Network Supervisor, manages the team, and Martin Ruiz and Thomas Scoble are Systems Administrators. The team ensures redundancy whenever possible and maintains a disaster recovery site with backups of all servers and databases. Having only three personnel managing a network system across many locations is considered to be very lean in the IT world. Security systems report malware and potentially unwanted applications that are blocked daily, with occasionally more than 3,000 blocked per day. o The Helpdesk team installs and supports all end user hardware and ensures that all software is working properly. Shaun Trujillo, Technical Support Supervisor, manages the team, and Jeff Golder and Collin Pulley are Computer Technicians. The team facilitates the repair of warranted equipment and provides employees with temporary equipment when applicable. Having only three personnel troubleshooting issues for 700 employees’ MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -11- computers, phones, and other devices across multiple locations is considered to be extremely lean in the IT world. o Jeni Erkkila, a certified Project Management Professional (PMP) and the City’s IT Deputy Division Head, coordinates the project management of all software implementations, the integration of existing software systems, and the creation of meaningful business intelligence reports. Jeni managed implementation of the Public Portal that was put into place just ahead of the pandemic, allowing City business involving permits and business licensing to continue when employees were sent to work from home. Andrew Mai, Development Supervisor, supervises Kory Lloyd, Data Analyst; and Chaz McDermaid, GIS Administrator. o The City utilizes ESRI, an international supplier of geographical information system software, web GIS, and geodatabase management applications, to manage its GIS system. Map services are integrated with other software products to give geographical meaning to assets and to provide analytical analysis of data across all City departments. By doing so, any number of valuable information sets can be created, for example, determining hot spots for specific types of crime, locating aging sewer pipes, etc. o Kamie Macaluso, Application Administrator, manages OnBase, the City’s document management system. OnBase integrates with other systems throughout the City, stores documents associated with records across all departments in the City; and indexes those documents with keywords for quick retrieval. OnBase also contains its own systems by way of forms, workflows, and approvals. The agenda system used for City Council and other meetings is a part of OnBase. o Dave Shopay, Wireless Communications Specialist, manages the Central Services Division and the Wireless Communications Division and is a valuable member of the City’s Emergency Operations. He issues and maintains all radios and cell phones throughout the City. o Although the skill sets vary greatly throughout the City’s Information Technology, the Divisions’ teams work together with a great synergy uncommon among most IT departments. - Summary  MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -12- o The Office of Justice and Technology is prepared and stands ready to support West Valley City in improving the health, welfare, and safety of its citizens in the next fiscal year. Mayor Bigelow noted that technology is changing and asked if it is becoming more difficult to maintain security due to the sophistication of cyber-attacks. Eric replied yes and noted that it is a constant battle. Mayor Bigelow asked if data is backed up. Eric replied yes and noted this is done regularly. Mayor Bigelow asked if we have an agreement with an outside firm that keeps us apprised of issues that come up. Eric replied yes and noted that the City is looking at increasing these standards. Councilmember Lang asked how we insure employees are following protocol. Eric replied that there are internal audits and departments that cross check one another to make sure proper access is only granted to those who have adequate permissions. Councilmember Huynh stated that there seems to be less people suing the City over the last few years. Eric replied that the City has learned a lot, training has increased, and early intervention has helped reduce lawsuits significantly. Councilmember Huynh asked how many cases are done in house. Eric replied misdemeanor or criminal cases are 100% and 20-25% of civil rights cases. The rest are given to outside entities. Mayor Bigelow asked if there are civil or criminal policies in place for employees who access records without the proper permissions. Eric replied yes. The Mayor and Council had no further questions or concerns. C. COUNCIL CALENDAR Mayor Bigelow referenced a Memorandum previously received from the City Manager that outlined upcoming meetings and events. Members of the City Council had no further questions regarding the Council Update. NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS Councilmember Huynh stated that he is concerned about traffic on Highway 201 causing congestion on the roads. Nichole Camac briefly detailed the noticing and procedure plan for filling the midterm vacancy for District 3. She indicated that more information would be coming. B. COUNCIL REPORTS COUNCILMEMBER CHRISTENSEN- GOLD MOUNTAIN AND UCCC  MINUTES OF COUNCIL STUDY MEETING – NOVEMBER 23, 2021 -13- Councilmember Christensen stated that he attended the Gold Mountain play and it gave him a different perspective on the story. He indicated it was a very well done production. Councilmember Christensen stated that he viewed the Cogs and Wheels display at the Utah Cultural Celebration Center which also gave him a unique perspective. MOTION TO ADJOURN Upon motion by Councilmember Buhler all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY NOVEMBER 23, 2021 WAS ADJOURNED AT 5:17 PM BY MAYOR BIGELOW. I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Study Meeting of the West Valley City Council held Tuesday, November 23, 2021. _______________________________ Nichole Camac, CMC City Recorder