City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – JUNE 6, 2023 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, JUNE 6, 2023 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 LANG. THE FOLLOWING MEMBERS WERE PRESENT: Karen Lang, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large (electronically) Tom Huynh, Councilmember District 1 Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 (electronically) STAFF PRESENT: Wayne T Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney Colleen Jacobs, Police Chief (electronically) John Evans, Fire Chief Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director Mark Nord, RDA Director Sam Johnson, Strategic Communications Director (electronically) Ken Cushing, IT APPROVAL OF MINUTES OF STUDY MEETING HELD MAY 23, 2023 The Council considered the Minutes of the Study Meeting held May 23, 2023. There were no changes, corrections or deletions. Councilmember Harmon moved to approve the Minutes of the Study Meeting held May 23, 2023. Councilmember Huynh seconded the motion. A voice vote was taken and all members voted in favor of the motion.  MINUTES OF COUNCIL STUDY MEETING – JUNE 6, 2023 -2- REVIEW AGENDAS FOR REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY, HOUSING AUTHORITY, AND MUNICIPAL BUILDING AUTHORITY MEETINGS OF MAY 23, 2023 Upon inquiry by Mayor Lang, members of the Council had no further questions or concerns regarding items listed on the Agendas for the Regular City Council, Redevelopment Agency, Housing Authority, and Municipal Building Authority meetings scheduled later this night. ORDINANCE 23-19: AMEND SECTION 2-1-107 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING COUNCIL MEETINGS Eric Bunderson, City Attorney, presented proposed Ordinance 23-19 that would amend Section 2-1-107 of the West Valley City Municipal Code to Amend Certain Requirements Concerning Council Meetings. Written documentation previously provided to the City Council included information as follows: Section 2-1-107 of the West Valley City Municipal Code establishes requirements for members of the public to address City Council meetings. This ordinance would amend Section 2-1-107 to hold public comment periods at the first meeting of the month instead of every meeting. The ordinance also establishes a three minute time limit per speaker and adds certain civility requirements for speakers to follow. Councilmember Harmon asked if there would be a reason to allow public comment if students came to address the Council. Eric replied that this could be done with a majority vote. Mayor Lang indicated that she wouldn’t be comfortable with that and stated that she would want the same rule to apply to everyone. Wayne noted that student groups, similar to scout groups, could also introduce themselves under the special recognition portion of the agenda. Mayor Lang asked if comment can be restricted during Public Hearings. Eric replied yes and suggested this be done on a case-by-case basis as needed. Councilmember Christensen stated that a previous Mayor would allow a speaker and then ask how many people, by raise of hand, wished to share the same input. He indicated that the Mayor would then state that their opposition or support was noted and this reduced the length of the meetings. Mayor Lang stated that she would still like to see a set rule specified in ordinance and noted that she would be comfortable with 5 minutes per person with no cap. Councilmember Fitisemanu agreed and stated that if there was an excessively long meeting, the Council could, by motion, further shorten the allowable time to speak. Councilmember Harmon and Councilmember Whetstone agreed. The City Council will consider Ordinance 23-19 at the Regular Council Meeting scheduled June 13, 2023 at 6:30 P.M  MINUTES OF COUNCIL STUDY MEETING – JUNE 6, 2023 -3- RESOLUTION 23-80: AUTHORIZE THE PURCHASE OF A STRETCHER SYSTEM FROM STRYKER MEDICAL John Evans, Fire Chief, presented proposed Resolution 23-80 that would authorize the Purchase of a Stretcher System from Stryker Medical. Written documentation previously provided to the City Council included information as follows: This resolution authorizes the purchase of a 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 a new ambulance 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 Type Total Costs $65,357.00 Stryker Medical $65,357.00 Mayor Lang asked if these stretchers are self-lifting. Chief Evans replied that the ambulance will pull the stretchers in. The City Council will consider Resolution 23-80 at the Regular Council Meeting scheduled June 13, 2023 at 6:30 P.M RESOLUTION 23-81: AUTHORIZE THE PURCHASE OF AN AMBULANCE FROM FRAZER, LTD John Evans, Fire Chief, presented proposed Resolution 23-81 that would authorize the Purchase of an Ambulance from Frazer, LTD. Written documentation previously provided to the City Council included information as follows: The purchase of (1) Ambulance will replace a 2008 Ambulance. The 2008 Ambulance was previously remounted onto a new chassis in 2016 to extend the life  MINUTES OF COUNCIL STUDY MEETING – JUNE 6, 2023 -4- of the Ambulance and to reduce cost. The current 2016 chassis that the 2008 ambulance box sits on has 77,000 miles on it. With a projected delivery time for a new ambulance being 1 year, it is anticipated the current ambulance chassis will be nearing 100,00 miles at the time of delivery of a new ambulance. If a new ambulance purchase is approved, the current ambulance would will be moved into reserve status as a backup ambulance. The West Valley City Fire Department has Frazer, Ltd. for Ambulances. West Valley City Fire Department inquired about the cost of an ambulance from additional manufacturers. Each of the ambulance dealers had higher costs than Frazer,Ltd. The next lowest cost was AEV who’s quote was $27,000 more than Frazer, Ltd. Unit Cost Type Total Costs $211,935 Ambulance by Frazer, Ltd. $211,935 The City Council will consider Resolution 23-81 at the Regular Council Meeting scheduled June 13, 2023 at 6:30 P.M RESOLUTION 23-82: AUTHORIZE THE EXECUTION OF A PUBLIC WAY LEASE AGREEMENT WITH WEST VALLEY CITY AND THE UTAH TRANSIT AUTHORITY FOR THE MIDVALLEY BUS RAPID TRANSIT PROJECT Dan Johnson, Public Works, presented proposed Resolution 23-82 that would authorize the Execution of a Public Way Lease Agreement With West Valley City and the Utah Transit Authority for the Midvalley Bus Rapid Transit Project. Written documentation previously provided to the City Council included information as follows: UTA is building the Midvalley Connector BRT that will connect Murray Central Frontrunner/Trax Station to the SLCC Redwood Campus and West Valley Central Station at the bus hub near City Hall. In October 2021, the City executed a Memorandum of Agreement with UTA establishing general criteria with which the City would participate with UTA in the construction of the Midvalley Connector BRT, including the lease of these properties. This new agreement provides UTA with the right to operate and construct the BRT in the City and defines the roles with respect to design and construction, and operation and maintenance.  MINUTES OF COUNCIL STUDY MEETING – JUNE 6, 2023 -5- Under the agreement the City agrees to lease to UTA property defined in the agreement, including a portion of the former America First Credit Union parking lot for the expansion of the existing bus hub. The City will also lease portions of City streets whereon UTA Facilities will be built at and in between bus stations. The value of the leased property and roadway areas are estimated to be $510,000, which the City is donating to UTA as an in-kind contribution to the project. The term of the lease includes an initial term of 50 years, with an automatic renewal of an additional term of 25 years. UTA agrees to build perimeter parking lot and drainage improvements in the America First parking lot that coordinate with the City’s plans to incorporate that lot into the City Hall main parking lot, including landscaping along the shared boundary. UTA will also rebuild the trash enclosure in a new location in the parking lot. UTA agrees to design and build an 8-foot-tall concrete privacy wall along the east side of 2700 West between 4100 South and Westshire Drive. A portion of the wall will be UTA funded, and a portion will be funded by the City. UTA’s share will cover roughly a quarter of the cost to build this segment of wall. The City will acquire all right-of-way for the wall construction. The Public Works Department intends to extend the limits of wall construction (ultimately from 4100 South to approximately 3870 South) beyond the limits defined in this agreement by a future contract. The $600,000 for the wall is being paid with existing funds from the City’s CIP and General Fund. UTA’s project will be installing an electrical transformer to charge electric buses and grant to the City the use of excess capacity of 1000 KVA for vehicle charging stations in the City Hall parking lot. Rocky Mountain Power will provide the City’s charging stations at a later date and is planned to include four DCFC (Direct Current Fast Charging) stations, two-150 kW stations, and two-350-kW stations. A portion of the leased property is owned by West Valley City, and a portion is owned by the Municipal Building Authority of West Valley City. The City Council will consider Resolution 23-82 at the Regular Council Meeting scheduled June 13, 2023 at 6:30 P.M UNFINISHED BUSINESS: A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-3-2023, FILED BY HH-SALT LAKE, LLC, REQUESTING A ZONE TEXT CHANGE TO SECTIONS 7-1-103 AND 7-6-301 OF THE ZONING MINUTES OF COUNCIL STUDY MEETING – JUNE 6, 2023 -6- ORDINANCE TO REMOVE THE DEFINITION FOR LINGERIE STORE AND REMOVE LINGERIE STORE FROM THE COMMERCIAL AND MANUFACTURING USE TABLE Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 23, 2023, in order for the City Council to hear and consider public comments regarding Application ZT-3-2023, Filed by HH-SALT LAKE, LLC, Requesting a Zone Text Change to Sections 7-1-103 and 7-6-301 of the Zoning Ordinance to Remove the Definition for Lingerie Store and Remove Lingerie Store from the Commercial and Manufacturing Use Table. Mayor Lang noted that this item was continued at the May 23, 2023 City Council Regular meeting. Proposed Ordinance 23-16 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 23-16, AMEND SECTIONS 7-1-103 AND 7-6-301 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING LINGERIE STORES Steve Pastorik, CED Director, discussed proposed Ordinance 23-16 that would amend Sections 7-1-103 and 7-6-301 of the West Valley City Municipal Code to Amend Certain Requirements Concerning Lingerie Stores. Written documentation previously provided to the City Council included information as follows: Scott Sabey, who represents HH-Salt Lake, LLC, has requested ordinance amendments to Sections 7-1-103 and 7-6-301 of the zoning ordinance to remove the definition for Lingerie Store and to remove Lingerie Store from the Commercial and Manufacturing Use Table. The reasons for the requested amendments are outlined in the attached document from the applicant. Section 7-1-103 defines Lingerie Store as “a retail establishment meeting any of the following criteria: a. Over five percent of the floor area is devoted to the sale of lingerie, adult novelties, and adult marital or sexual aids; b. Lingerie, adult novelties, and adult marital or sexual aids account for five percent or more of gross sales; or c. The establishment is marketed as a Lingerie Store or adult establishment.”  MINUTES OF COUNCIL STUDY MEETING – JUNE 6, 2023 -7- Section 7-6-301 allows Lingerie Stores in the MXD (Mixed Use), C-2 (General Commercial), C-3 (Transitional Commercial), and M (Manufacturing) zones. Lingerie Stores are prohibited in the BRP (Business/Research Park), CC (City Center), C-1 (Neighborhood Commercial), and LI (Light Industrial) zones as well as within the Decker Lake Station, Jordan River, Bangerter Highway, and 5600 West Overlay Zones. There are just under 9,000 acres of property within the City where Lingerie Stores are allowed. This represents 46% of property (excluding roads) in the City. The term “Lingerie Store” was first introduced in the zoning ordinance with the adoption of Ordinance 15-03 in 2015. This ordinance expanded the list of prohibited uses within the CC zone. The term “Lingerie Store” was later defined in Section 7-1-103 and added to the Commercial and Manufacturing Use Table in Section 7-6-301 with the adoption of Ordinance 17-10 in 2017. Councilmember Huynh asked about the Adam and Eve store that residents discussed at the previous regular meeting. Steve indicated that this business is in the C-2 zone and is permitted. Mayor Lang asked if Hustler Hollywood is operating legally at this time. Steve replied yes and stated that they are limited in the amount of lingerie that they sell which is why they are requesting a change to the code. Steve explained how lingerie and adult content are currently defined and restricted by floor area as well as how SOB’s (sexually oriented businesses) are defined and restricted by zone. Councilmember Harmon asked if approving this change would allow Hustler Hollywood the ability to sell lingerie. Steve replied yes. Councilmember Whetstone asked if it would make sense to remove the definition of lingerie but define SOB’s with a specific percentage. Steve replied that the SOB ordinance has been in place since the early 1990’s and has been very effective at limiting the locations for these types of businesses while still allowing them within the City. Upon inquiry, Steve explained how window displays and window signage can and cannot be regulated. The City Council will consider Ordinance 23-16 at the Regular Council Meeting scheduled June 13, 2023 at 6:30 P.M. COMMUNICATIONS A. COUNCIL CALENDAR Mayor Lang referenced a Memorandum previously received from the City Manager that outlined upcoming meetings and events.  MINUTES OF COUNCIL STUDY MEETING – JUNE 6, 2023 -8- 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 would like to discuss how homes are defined as rental properties, particularly as it relates to members of family living in a home where the homeowner doesn’t currently live. Councilmember Harmon stated that he would still like to discuss bonding and debt schedules. Wayne replied that Finance is working to gather that information and he will provide that once it’s finalized. Councilmember Huynh stated that he would like to discuss options of paying off these debts as well. Wayne stated that Nichole Camac provided information related to this years float. He asked if there are any other parades the Council would like to participate in aside from WestFest and the Days of 47. Councilmember Harmon stated that he would be good with those 2 parades. Councilmember Whetstone suggested including the Magna parade. Councilmember Nordfelt stated that it would be great to enter the parade in more events but noted that this would require staff assistance. Sam Johnson, Public Relations, stated that there are multiple parades on July 4th and with the timing, it would likely only work for the float to be in one that day. After discussion, the Council agreed to enter the float into the West Jordan parade this year, the Murray parade next year, and the Magna parade the year after so that the events are rotated. Mayor Lang suggested a sign-up list so the Council could indicate any that they would like to ride in the float. Mayor Lang stated that the Legislature enacted new recommendations to include a water plan in the General Plan. Steve Pastorik, CED Director, stated that the City is aware of the new regulations and will incorporate that into the upcoming General Plan revision. Councilmember Harmon asked if the City has the ability to regulate fireworks. Chief Evans replied that the City is very limited. He stated that the State provides specific date and time requirements as well as specific restrictions for danger areas but there isn’t much the City can do in addition to that. Councilmember Whetstone stated that there is a concern regarding the deer population along the Mountain View Corridor. He asked for information on what options the City has in addressing this. Upon discussion, the Council requested that Nichole Camac, City Recorder, provide information that was discussed last year.  MINUTES OF COUNCIL STUDY MEETING – JUNE 6, 2023 -9- Councilmember Fitisemanu requested a discussion related to what constitutes a boarding house and what the City can do to enforce that. B. COUNCIL REPORTS COUNCILMEMBER WILL WHETSTONE- MEMORIAL DAY PROGRAM Councilmember Whetstone stated that he attended the Memorial Day program and it was a great event. Mayor Lang agreed. COUNCILMEMBER CHRISTENSEN- CROSSING GUARD DINNER Councilmember Christensen stated that the Crossing Guard Dinner was well attended. Mayor Lang agreed and noted that the department is fully staffed. C. STRATEGIC DISCUSSION LIST Mayor Lang stated that items would continue to be discussed on the list. D. REVIEW AGENDA FOR SPECIAL MUNICIPAL BUILDING AUTHORITY MEETING BA RESOLUTION 23-04: AUTHORIZE THE EXECUTION OF A PUBLIC WAY LEASE AGREEMENT WITH THE BUILDING AUTHORITY OF WEST VALLEY CITY AND THE UTAH TRANSIT AUTHORITY FOR THE MIDVALLEY BUS RAPID TRANSIT PROJECT Dan Johnson, Public Works, presented proposed BA Resolution 23-04 that would authorize the Execution of a Public Way Lease Agreement With the Building Authority of West Valley City and the Utah Transit Authority for the Midvalley Bus Rapid Transit Project. Written documentation previously provided to the City Council included information as follows: UTA is building the Midvalley Connector BRT that will connect Murray Central Frontrunner/Trax Station to the SLCC Redwood Campus and West Valley Central Station at the bus hub near City Hall. In October 2021, the City executed a Memorandum of Agreement with UTA establishing general criteria with which the City would participate with UTA in the construction of the Midvalley Connector BRT, including the lease of these properties. This new agreement provides UTA with the right to operate and construct the BRT in the City and defines the roles with respect to design and construction, and operation and maintenance. MINUTES OF COUNCIL STUDY MEETING – JUNE 6, 2023 -10- Under the agreement the City agrees to lease to UTA property defined in the agreement, including a portion of the former America First Credit Union parking lot for the expansion of the existing bus hub. The City will also lease portions of City streets whereon UTA Facilities will be built at and in between bus stations. The value of the leased property and roadway areas are estimated to be $510,000, which the City is donating to UTA as an in- kind contribution to the project. The term of the lease includes an initial term of 50 years, with an automatic renewal of an additional term of 25 years. UTA agrees to build perimeter parking lot and drainage improvements in the America First parking lot that coordinate with the City’s plans to incorporate that lot into the City Hall main parking lot, including landscaping along the shared boundary. UTA will also rebuild the trash enclosure in a new location in the parking lot. UTA agrees to design and build an 8-foot-tall concrete privacy wall along the east side of 2700 West between 4100 South and Westshire Drive. A portion of the wall will be UTA funded, and a portion will be funded by the City. UTA’s share will cover roughly a quarter of the cost to build this segment of wall. The City will acquire all right-of-way for the wall construction. The Public Works Department intends to extend the limits of wall construction (ultimately from 4100 South to approximately 3870 South) beyond the limits defined in this agreement by a future contract. The $600,000 for the wall is being paid with existing funds from the City’s CIP and General Fund. UTA’s project will be installing an electrical transformer to charge electric buses and grant to the City the use of excess capacity of 1000 KVA for vehicle charging stations in the City Hall parking lot. Rocky Mountain Power will provide the City’s charging stations at a later date and is planned to include four DCFC (Direct Current Fast Charging) stations, two-150 kW stations, and two-350-kW stations. A portion of the leased property is owned by West Valley City, and a portion is owned by the Municipal Building Authority of West Valley City. The Municipal Building Authority will consider BA Resolution 23-04 at the Special Meeting scheduled June 13, 2023 at 6:30 P.M  MINUTES OF COUNCIL STUDY MEETING – JUNE 6, 2023 -11- 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 STUDY MEETING ON TUESDAY JUNE 6, 2023 WAS ADJOURNED AT 5:27 PM BY MAYOR LANG. 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, June 6, 2023. _______________________________ Nichole Camac, CMC City Recorder