City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, SEPTEMBER 27, 2022 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 PRO TEM HUYNH. THE FOLLOWING MEMBERS WERE PRESENT: Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 (arrived as noted) ABSENT: Karen Lang, Mayor STAFF PRESENT: Wayne T Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney Mike Fossmo, Acting Police Chief John Evans, Fire Chief Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director Coby Johnson, Acting Public Works Director Jason Erekson, Acting Parks and Recreation Director Sam Johnson, Strategic Communications Director (electronically) Ken Cushing, IT (electronically) APPROVAL OF MINUTES OF STUDY MEETING HELD SEPTEMBER 20, 2022 The Council considered the Minutes of the Study Meeting held September 20, 2022. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Study Meeting held September 20, 2022. Councilmember Christensen seconded the motion.  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -2- A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDA FOR REGULAR CITY COUNCIL MEETING OF SEPTEMBER 27, 2022 Upon inquiry by Mayor Pro Tem Huynh, 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 OCTOBER 4, 2022 A. ACCEPT PUBLIC INPUT REGARDING RE-OPENING THE FY 2022-2023 BUDGET Mayor Pro Tem Huynh informed a public hearing had been advertised for the Regular Council Meeting scheduled October 4, 2022, in order for the City Council to hear and consider public comments regarding Re-Opening the FY 2022-2023 Budget Proposed Ordinances 22-38 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 22-38, AMEND THE BUDGET OF WEST VALLEY CITY FOR THE FISCAL YEAR BEGINNING JULY 1, 2022 AND ENDING JUNE 30, 2023 TO REFLECT CHANGES IN THE BUDGET FROM INCREASED REVENUES AND AUTHORIZE THE DISBURSEMENT OF FUNDS Jim Welch, Finance Director, discussed proposed Ordinance 22-38 that would amend the Budget of West Valley City for the Fiscal Year Beginning July 1, 2022 and Ending June 30, 2023 to Reflect Changes in the Budget from Increased Revenues and Authorize the Disbursement of Funds. Written documentation previously provided to the City Council included information as follows: A Public Notice was posted September 22, 2022 in public view at City Hall, the Family Fitness Center and UCCC; also, posted on the Public Notice Website and West Valley City’s Website. Notice was given that a public hearing is to be held October 4, 2022 at 6:30 p.m., West Valley City Hall, 3600 Constitution Blvd., West Valley City, Utah. Councilmember Whetstone asked for explanations on transfers in and out that are not specified by account. Jim detailed how this is specified and outlined in the report.  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -3- The City Council will consider Ordinance 22-38 at the Regular Council Meeting scheduled October 4, 2022 at 6:30 P.M. PUBLIC HEARINGS SCHEDULED FOR OCTOBER 11, 2022 A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-9-2022, FILED BY SHANE KEYVANI, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RE (RESIDENTIAL ESTATE) FOR PROPERTY LOCATED AT 3940 SOUTH 5200 WEST Mayor Pro Tem Huynh informed a public hearing had been advertised for the Regular Council Meeting scheduled October 11, 2022, in order for the City Council to hear and consider public comments regarding application Z-9-2022, Filed by Shane Keyvani, Requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to RE (Residential Estate) for Property Located at 3940 South 5200 West. Proposed Ordinance 22-37 and Resolution 22-143 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 22-37, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3940 SOUTH 5200 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RE (RESIDENTIAL ESTATE) Steve Pastorik, CED Director, discussed proposed Ordinance 22-37 that would amend the Zoning Map to Show a Change of Zone for Property Located at 3940 South 5200 West from A (Agriculture, Minimum Lot Size 1/2 Acre) to RE (Residential Estate). Written documentation previously provided to the City Council included information as follows: The applicant has submitted a concept plan that shows the subject property being subdivided into 25 lots yielding a density of 2.4 units/acre. The applicant also submitted a letter supporting this application that is included with this issue paper. The concept plan includes 2 lots that do not meet the minimum lot width for the RE zone of 100’. A development agreement is required for this project as outlined in City Code (Section 7-11-213). Accordingly, the applicant made several development agreement proposals as part of his application. The latest two proposals are included with this issue paper and summarized in the attached  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -4- PowerPoint presentation. After reviewing the different development agreement proposals made by the applicant, the Planning Commission recommended approval of the zone change subject to a development agreement that includes the City’s previous housing standards, which include standards that are higher than some of the standards proposed by the applicant. Staff then prepared the development agreement based on the Planning Commission’s recommendation. The applicant declined to sign the development agreement stating that: “It would simply not be economically feasible for anyone to build the project with the terms required by the agreement.” ACTION: RESOLUTION NO. 22-143, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT Steve Pastorik, CED Director, discussed proposed Resolution 22-143 that would authorize the City to Enter into a Development Agreement Written documentation previously provided to the City Council included information as follows: Steve Pastorik stated that the Development Agreement is to be determined based on the direction of the Council. He indicated that the Planning Commission recommended one and the applicant has requested two alternatives. The decision must be made by the City Council if approval for the application is given. Councilmember Harmon noted that 2 car garages are being proposed in both developer options versus 3. He indicated he also is not a fan of some of the materials being proposed by the applicant. Steve stated that some members of the Planning Commission shared that same concern. Councilmember Harmon asked why stucco was not allowed in the City’s previous standards. Steve replied that this was a decision made by a previous Council. Councilmember Nordfelt stated that stucco was like the new aluminum siding that became really popular. He indicated it wears better than siding but still not as great as brick homes. Councilmember Nordfelt asked what options the Council has if they are not comfortable with the proposed Development Agreements suggested by the applicant. Steve replied that the Council always has the ability to deny a zone change. He indicated that another alternative would be to further negotiate with the applicant to see if they are willing to adjust some proposed standards. Councilmember Nordfelt stated that he isn’t comfortable with the proposed materials, house sizes, and lack of three car garages. Councilmember Fitisemanu arrived at 4:51 PM.  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -5- Mayor Pro Tem Huynh asked if the applicant is amenable to negotiation. Steve replied negotiations occurred to this point but the applicant was unwilling to meet all previous standards. Councilmember Whetstone stated that he has heard of lawsuits when City Council’s deny zone changes because there are allegations that Council’s “hide” behind them to not allow certain types of development. Nicole Cottle, Assistant City Manager, stated that the City has always been in the conversation and respective of private property rights. She indicated that there is a lot of concern at the State level but zone changes are discretionary and there is no successful legal action that can be taken on a City Council’s decision regarding a zone change as long as protected rights are not being violated. Nicole stated that conversations occur regularly at the State level but the City is active in those conversations. Councilmember Nordfelt stated that he feels the applicant will argue that homes built to the City’s previous standards cannot be built and sold for profit in today’s market. He asked how Newton Farms is doing. Steve replied that he believes all lots have been sold but that he would look into this. Upon inquiry, Steve briefly discussed another development being constructed in the City by the same applicant. Mayor Pro Tem Huynh stated that this is a lot of property and should be developed as something special. He indicated that he believes 3 car garages are important. The City Council will consider Ordinance 22-37 and Resolution 22-143 at the Regular Council Meeting scheduled October 11, 2022 at 6:30 P.M. RESOLUTION 22-146: AUTHORIZE WEST VALLEY CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE UTAH ATTORNEY GENERALS OFFICE INTERNET CRIMES AGAINST CHILDREN TASKFORCE Deputy Chief Fossmo presented proposed Resolution 22-146 that would authorize West Valley City to Enter into a Memorandum of Understanding with the Utah Attorney Generals Office Internet Crimes Against Children Taskforce. Written documentation previously provided to the City Council included information as follows: The Office of the Utah Attorney General oversees the Utah ICAC task force, a cooperative group of law enforcement agencies that participate in the identification of perpetrators of crimes against children and related investigations, arrests, and prosecutions of said perpetrators. The Office of the Utah Attorney General awards state grants to participating law enforcement agencies to assist in covering the expenses incurred by the various agencies in the course of their  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -6- participation on the Task Force. Such expenses include overtime, training, and the purchase of equipment. The West Valley City Police Department supports continuing our partnership with the ICAC Task Force in our mutual efforts to protect children and bring offenders to justice. This cooperative arrangement has been in place for many years and has been an effective means of increasing the West Valley City Police Department’s ability to properly investigate and prosecute offenders who sexually exploit children through various technological mediums, provide training and equipment to department personnel involved in such investigations and prosecutions, and provide community education regarding the prevention of such crimes. Wayne asked how long the City has been a member of this task force. Deputy Chief Fossmo replied around 15 years. Mayor Pro Tem Huynh asked if the City enters into the agreement every year. Deputy Chief Fossmo replied yes and stated that the amount of funding received varies each year. The City Council will consider Resolution 22-146 at the Regular Council Meeting scheduled October 4, 2022 at 6:30 P.M. RESOLUTION 22-147: AWARD A CONTRACT TO ACTION ROOFING FOR THE REPLACEMENT OF THE DECKS AND HANDRAILS AT THE RIDGE Jason Erekson, Acting Parks and Recreation Director, presented proposed Resolution 22- 147 that would award a Contract to Action Roofing for the Replacement of the Decks and Handrails at the Ridge. Written documentation previously provided to the City Council included information as follows: The Ridge Golf Club is located at 5055 S. Westridge Blvd. It is an 18-hole golf course situated on 160 acres of land. The golf course was originally completed in 1991 and was redesigned and rebuilt in 2013. Along with the course, the club house was also originally built in 1991 but no capital projects were done during the rebuild in 2013 or since that time. The deck is failing due to soft spots in the wood and needs to be replaced. Additionally, the existing handrails are in violation of the building code due to safety issues and needs to be replaced. This project will remove the existing exterior carpet, replace plywood decking, install a new textured PVC covering, remove the existing handrail and install a handrail that meets current codes. Bids for construction were solicited and two bidders responded: Action Roofing – $229,000.00  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -7- CMH Construction Company - $282,193.10 Action Roofing was selected as the lowest responsible bidder. Construction will begin this fall. Councilmember Harmon asked when this project would be completed. Jason replied this fall. Mayor Pro Tem Huynh asked what type of decking would be installed. Bryan Abney, Parks and Recreation, replied the existing carpet and plywood deck would be removed. He indicated that new plywood would be added and would be coated in PVC material. He indicated this would be sealed to the wall and a drip edge will be included as well. Mayor Pro Tem Huynh asked what the square footage would be. Bryan replied approximately 2400 square feet. Wayne clarified that “trex” decking is sustainable. Bryan replied yes. Councilmember Harmon asked if the deck is durable for golf spikes. Bryan replied yes and noted it consists of duradeck. The City Council will consider Resolution 22-147 at the Regular Council Meeting scheduled October 4, 2022 at 6:30 P.M. RESOLUTION 22-148: APPROVE A FEDERAL AID AGREEMENT BETWEEN THE CITY AND THE UTAH DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF LANCER WAY Coby Wilson, Public Works, presented proposed Resolution 22-148 that would approve a Federal Aid Agreement Between the City and the Utah Department of Transportation for the Reconstruction of Lancer Way Written documentation previously provided to the City Council included information as follows: West Valley City will receive federal Surface Transportation Program (STP) funds to assist with the design and construction of a roadway reconstruction project on Lancer Way (3650 South) from 2700 West to 3200 West. The project will reconstruct and widen Lancer Way from two-lanes to three-lanes, including a center turn-lane. The project will include the addition of bike lanes, curb and gutter, sidewalk, traffic signals, street lighting, streetscape, and drainage improvements. The amount of federal participation on this project is $5,771,489, which requires a local match of $419,103 from West Valley City. In addition, the city has applied for and will receive state Transit Transportation Investment Funds (TTIF) in the amount of $2,194,111, which requires a local match of $1,462,741. West Valley City will use the state TTIF funds as the local match for the federal STP funds,  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -8- and vice versa, to fulfill all local match requirements for the Lancer Way reconstruction project. This agreement will enable the project to access the federal funds and authorizes the expenditure of those funds throughout the entire project process, including design, right-of-way acquisition and construction. Upon execution of the Federal Aid Agreement, UDOT and the City will contract with consulting engineering firms to design and manage the construction of the project. This resolution also authorizes the city to execute the design and construction management agreements and for UDOT to execute a construction contract for the project at a future date. It is anticipated that construction will begin in 2025. The City Council will consider Resolution 22-148 at the Regular Council Meeting scheduled October 4, 2022 at 6:30 P.M. CONSENT AGENDA SCHEDULED FOR OCTOBER 4, 2022 A. RESOLUTION 22-149: ACCEPT A WARRANTY DEED AND A PUBLIC UTILITY EASEMENT FROM MAGNA 71 LLC FOR PROPERTY LOCATED AT 4352 SOUTH 6400 WEST Wayne Pyle, City Manager, discussed proposed Resolution 22-149 that would accept a Warranty Deed and a Public Utility Easement from Magna 71 LLC for Property Located at 4352 South 6400 West Written documentation previously provided to the City Council included information as follows: The WVC Storage project is located on the west side of 6400 West at 4352 South. As a condition of approval of the project, conveyance of 6400 West right-of-way was required. A 10 foot wide Public Utility Easement was also required along the 6400 West frontage of the property. The City Council will consider items on the Consent Agenda at the Regular Council Meeting scheduled October 4, 2022 at 6:30 P.M. COMMUNICATIONS A. INTERN UPDATE Steve Pastorik, CED Director, presented a PowerPoint presentation summarized as follows: - Family Week  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -9- o Kick off at Hunter High School o Discounts for ice skating and bowling o Free swimming o Ice Cream social o Country line dancing - Chess tables in parks o Concrete chess tables with concrete benches o 3 in Centennial Park o 3 in Promenade Park - RC track at Centennial Park - 5600 West wall cleanup and mural - Entry monument landscaping - Mundi project music workshops - Fairbourne Station Streetlight Art - I-215/3500 S Entry Monument Mayor Pro Tem Huynh asked how large the proposed entry monument at I-215 and 3500 South would be. Steve replied it would be similar to the one located on the Mountain View Corridor. The Mayor and Council had no further questions or concerns. B. COUNCIL CALENDAR Mayor Pro Tem Huynh 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 Wayne Pyle, City Manager, stated that the City did a float this past year and participated in three successful parades. He asked if the Council would be interested in having a float next year and added that Modern Display has offered to store the float and recondition it next year for $20,000. He indicated that storage has often been a concern of the City. Wayne noted that other difficulties included cost to pay staff overtime as well as finding staff available. He indicated that there was 100 hours of paid staff overtime for this year as well as 50 hours volunteer time. Mayor Pro Tem Huynh verified that there is no City storage facility that can house the float. Wayne replied no. Councilmember Harmon asked if the City intended on holding a parade next year. Wayne replied that staff has followed the direction of the Council and would intend to unless hearing otherwise. Councilmember  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -10- Christensen suggested letting Modern Display house the float, rehab it, and try to include it in more parades next year. Mayor Pro Tem suggested turning the float over to My Hometown. After discussion, the Council agreed to allow Modern Display to house and rehab the float and participate in 2-3 years again the following year. B. COUNCIL REPORTS N/A C. REVIEW AGENDAS FOR REGULAR REDEVELOPMENT AGENCY AND MUNICIPAL BUILDING AUTHORITY MEETINGS RDA A. ACCEPT PUBLIC INPUT REGARDING RE-OPENING THE FY 2022-2023 BUDGET Mayor Pro Tem Huynh informed a public hearing had been advertised for the Regular Redevelopment Agency Meeting scheduled October 4, 2022, in order for the Agency to hear and consider public comments regarding Re- Opening the FY 2022-2023 Budget Proposed Resolution 22- 08 related to the proposal to be considered by the Agency subsequent to the public hearing, was discussed as follows: ACTION: RESOLUTION 22-08, AMEND THE BUDGET OF THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR BEGINNING JULY 1, 2022 AND ENDING JUNE 30, 2023 TO REFLECT CHANGES IN THE BUDGET FROM INCREASED REVENUES AND AUTHORIZE THE DISBURSEMENT OF FUNDS Wayne Pyle, City Manager, discussed proposed Resolution 22-08 that would amend the Budget of West Valley City for the Fiscal Year Beginning July 1, 2022 and Ending June 30, 2023 to Reflect Changes in the Budget from Increased Revenues and Authorize the Disbursement of Funds. Written documentation previously provided to the City Council included information as follows: A Public Notice was posted September 22, 2022 in public view at City Hall, the Family Fitness Center and UCCC; also, posted on the Public Notice Website and West Valley City’s Website. Notice was given that a public hearing is to be held October 4, 2022 at 6:30 p.m., West Valley City Hall, 3600 Constitution Blvd., West Valley City, Utah.  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -11- The City Council will consider Ordinance 22-38 at the Regular Council Meeting scheduled October 4, 2022 at 6:30 P.M. BA A. ACCEPT PUBLIC INPUT REGARDING RE-OPENING THE FY 2022-2023 BUDGET Mayor Pro Tem Huynh informed a public hearing had been advertised for the Regular Municipal Building Authority Meeting scheduled October 4, 2022, in order for the Agency to hear and consider public comments regarding Re-Opening the FY 2022-2023 Budget Proposed Resolution 22- 05 related to the proposal to be considered by the Agency subsequent to the public hearing, was discussed as follows: ACTION: RESOLUTION 22-05, AMEND THE BUDGET OF THE MUNICIPAL BUILDING AUTHORITY MEETING FOR THE FISCAL YEAR BEGINNING JULY 1, 2022 AND ENDING JUNE 30, 2023 TO REFLECT CHANGES IN THE BUDGET FROM INCREASED REVENUES AND AUTHORIZE THE DISBURSEMENT OF FUNDS Wayne Pyle, City Manager, discussed proposed Resolution 22-05 that would amend the Budget of the Municipal Building Authority for the Fiscal Year Beginning July 1, 2022 and Ending June 30, 2023 to Reflect Changes in the Budget from Increased Revenues and Authorize the Disbursement of Funds. Written documentation previously provided to the City Council included information as follows: A Public Notice was posted September 22, 2022 in public view at City Hall, the Family Fitness Center and UCCC; also, posted on the Public Notice Website and West Valley City’s Website. Notice was given that a public hearing is to be held October 4, 2022 at 6:30 p.m., West Valley City Hall, 3600 Constitution Blvd., West Valley City, Utah. The Municipal Building Authority will consider Ordinance 22-05 at the Regular Council Meeting scheduled October 4, 2022 at 6:30 P.M. MOTION TO ADJOURN  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 27, 2022 -12- Upon motion by Councilmember Whetstone all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY SEPTEMBER 27, 2022 WAS ADJOURNED AT 5:38 PM BY MAYOR PRO TEM HUYNH. 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, September 27, 2022. _______________________________ Nichole Camac, CMC City Recorder