City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – MAY 8, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, MAY 8, 2018, 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 BIGELOW. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Don Christensen, Councilmember At-Large Lars Nordfelt, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 Jake Fitisemanu, Councilmember District 4 ABSENT: Karen Lang, Councilmember District 3 STAFF PRESENT: Paul Isaac, Acting City Manager/Assistant City Manager/ HR Director Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Jeanette Carpenter, Acting Finance Director Colleen Jacobs, Police Chief John Evans, Fire Chief Russell Willardson, Public Works Director David Moss, Acting CPD Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department OPENING CEREMONY Councilmember Buhler conducted the Opening Ceremony. He requested that members of the audience, City Staff, and the Council rise and recite the Pledge of Allegiance. SPECIAL RECOGNITIONS- SCOUTS Mayor Bigelow welcomed a Scout Troop in attendance at the meeting to complete requirements for the Citizenship in the Community merit badge. APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 1, 2018  MINUTES OF COUNCIL REGULAR MEETING – MAY 8, 2018 -2- The Council considered the Minutes of the Regular Meeting held May 1, 2018. There were no changes, corrections or deletions. Councilmember Christensen moved to approve the Minutes of the Regular Meeting held May 1, 2018. Councilmember Fitisemanu seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Jerry Simonson stated that he is opposed to the proposed rezoning at Highbury. He stated that additional multi-family dwellings will not improve the area. Kelly Bertoch stated that he is frustrated with UTOPIA and the City’s involvement in this project. He expressed concern about the City being so involved in various businesses throughout the City. Mr. Bertoch stated that he feels upset that the City can do whatever it wants and stated he is tired of West Valley City. He indicated that he doesn’t understand why the City Council voted yes on high density apartments on 4100 South and Redwood Road when the residents didn’t want it. Mr. Bertoch stated that he is concerned about speed and other issues in the City. Matt McPherson stated he the residents of Highbury are attending Council every week to continue to express their opposition to the proposed re-zoning and share their concerns about parking issues in their neighborhood. He stated that the Police Department and Officer Lyons in particular have done a wonderful job and really stepped up enforcement, ticketing, and towing. Mr. McPherson stated that there has been a lot of positive change occurring and the residents are thankful. He encouraged the City Council to vote on the upcoming rezone proposal. Mr. McPherson handed out a letter from a resident voicing opposition as well. Nicole McCrea stated that she is appreciative of ticketing efforts but added that the Pinnacle Apartment residents are now parking into their neighborhoods. She stated that she is also here to reiterate the neighborhoods opposition to change zoning to allow for mow multifamily. PJ Webster expressed concern about the proposed rezone in Highbury. He indicated that he is concerned about more traffic, more parking issues, speeding, and children safety. Mr. Webster distributed pictures that indicate parking concerns. Leona Black stated that she has 4 children. She indicated she lived in a densely populated area previously and moved to Highbury to get away from issues associated with density. Ms. Black stated that she is concerned with traffic, noise,  MINUTES OF COUNCIL REGULAR MEETING – MAY 8, 2018 -3- and safety from a mothers’ perspective. She indicated that she wants a safe neighborhood for her children to grow up in and wants her children to be able to attend Neil Armstrong, a highly sought after school, without overcrowding. Ms. Black indicated that she always defends West Valley City and feels it doesn’t deserve the stigma it has. Kristi Johnson stated she lives in the Ivory Townhomes. She indicated she loves the community but growth of multi-family units has caused issues. She requested that the Council not approve any more high density units. She indicated that parking is a significant problem and causes safety concerns. Ms. Johnson indicated she is afraid for her children to walk to school. Julie Pace stated that she sent an email to everyone on the Council Monday. She stated this issue impacts her community strongly and urged the Council to listen. Ms. Pace stated that the residents don’t feel this is a good idea and it’s important that they are being heard. B. CITY MANAGER COMMENTS Paul Isaac, Acting City Manager, had no comments. C. CITY COUNCIL COMMENTS Steve Buhler thanked everyone for coming. He indicated they have been heard. He stated this item will not come to the Council for a while but the Council is always interested in the opinion of residents because they too are residents. He stated that they want every part of West Valley City to achieve its potential and be the best it can be. Mayor Bigelow stated that he appreciates all the comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-5-2017, FILED BY WEST VALLEY CITY, REQUESTING AN ORDINANCE AMENDMENT TO CHANGE THE USE TABLES THAT OUTLINE THE PERMITTED, CONDITIONAL, AND PROHIBITED USES BY ZONE; ADD TRIGGERS TO DETERMINE WHERE CERTAIN IMPROVEMENTS ARE REQUIRED; AND MAKE OTHER TECHNICAL CHANGES TO TITLE 7 Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled May 8, 2018, in order for the City Council to hear and consider public comments regarding application ZT-5-2017, filed by West Valley City, requesting an Ordinance Amendment to change the use tables that outline the Permitted, Conditional, and Prohibited Uses by Zone; Add Triggers to Determine MINUTES OF COUNCIL REGULAR MEETING – MAY 8, 2018 -4- Where Certain Improvements are Required; and Make Other Technical Changes to Title 7. Written documentation previously provided to the City Council included Information as follows: Staff is recommending a zoning ordinance amendment to change the use tables that outline the permitted, conditional and prohibited uses by zone; add triggers to determine when certain improvements are required and make other technical changes to Title 7. A summary of all the changes is included with this report. In April of this year, the City Council adopted an ordinance to repeal and reenact Title 7. As staff has administered the new code several needed corrections were discovered. As an example, there were certain provisions that were inadvertently left out. These corrections are the technical changes mentioned above. In addition to these corrections, there are also changes proposed to regulations. The three most significant changes are changing specified conditional uses to permitted uses, adding triggers to determine when certain improvements are required and amending home child care standards to match State code. The use of conditional use permits by municipalities is coming under increased scrutiny at the State level. To avoid the unnecessary use of a conditional use permit, staff conducted a comprehensive review of all listed conditional uses by zone and focused on those that were most likely to have significant detrimental effects on neighboring properties. As a result, many uses are now only conditional if they are next to a residential use, residential zone or agricultural zone. Lights, odors and noises from a tire shop or restaurant are more impactful on a neighboring residential use than a neighboring commercial use. With fewer conditional uses, staff was concerned about the City’s ability to bring older nonconforming sites (not uses) that are nonconforming as to things like screening and landscaping into compliance with current standards. To address this concern, staff is proposing three triggers that would require certain improvements be made to nonconforming sites. After receiving input from home child care providers, the Council directed staff to amend the home child care standards to match State code. Mayor Bigelow opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Bigelow closed the Public Hearing.  MINUTES OF COUNCIL REGULAR MEETING – MAY 8, 2018 -5- ACTION: ORDINANCE NO. 18-13, AMEND SECTIONS 7-1-103, 7-2-114, 7- 2-115, 7-2-118, 7-6-201, 7-6-202, 7-6-203, 7-6-204, 7-6-209, 7-6-301, 7-6-303, 7- 6-307, 7-6-310, 7-6-405, 7-6-406, 7-7-101, 7-7-115, 7-7-126, 7-8-103, 7-8-104, 7- 9-105, 7-9-114, 7-10-204, 7-11-202, 7-11-206, 7-12-106 AND 7-13-511 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN DESIGN STANDARDS AND TO MAKE RELATED AND TECHNICAL CHANGES TO THE WEST VALLEY CITY MUNICIPAL CODE The City Council previously held a public hearing regarding proposed Ordinance 18-13 that would amend Sections 7-1-103, 7-2-114, 7-2-115, 7-2-118, 7-6-201, 7-6- 202, 7-6-203, 7-6-204, 7-6-209, 7-6-301, 7-6-303, 7-6-307, 7-6-310, 7-6-405, 7-6-406, 7-7-101, 7-7-115, 7-7-126, 7-8-103, 7-8-104, 7-9-105, 7-9-114, 7-10-204, 7-11-202, 7-11-206, 7-12-106 and 7-13-511 of the West Valley City Municipal Code to amend certain design standards and to make related and technical changes to the West Valley City Municipal Code. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Ordinance 18-13. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ORDINANCE 18-14: AMEND SECTION 16-5-101 OF THE WEST VALLEY CITY MUNICIPAL CODE TO ADOPT THE 2017 EDITION OF THE NATIONAL ELECTRICAL CODE Mayor Bigelow discussed proposed Resolution 18-14 that would amend Section 16-5-101 of the West Valley City Municipal Code to adopt the 2017 Edition of the National Electrical Code, Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING – MAY 8, 2018 -6- Every three years revised editions of the electrical code, which is adopted by the State of Utah as the minimal building standards for all buildings within our State, must be adopted by local municipalities to replace the older electrical codes that is considered obsolete. The building codes are living documents which are subject to revision at annual code development hearings in a national forum. The results of those hearings are published every three years in revised editions. In order to comply with the actions of the State Legislature, and current State law, it is necessary to replace the 2014 editions of the National Electrical Code by adopting the 2017 editions of said code. Councilmember Buhler asked what would happen if the Council doesn’t approve this. Nicole Cottle replied that State Law preempts City Code which would require the City to follow them. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Ordinance 18-14. Councilmember Huynh seconded the motion. Mayor Bigelow indicated that the City could always lobby for changes if there was a disagreement. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-53: AUTHORIZE THE PURCHASE OF TWO MOWERS AND RELATED ACCESSORIES FROM STOTZ EQUIPMENT COMPANY Mayor Bigelow discussed proposed Resolution 18-53 that authorize the purchase of two mowers and related accessories from Stotz Equipment Company. Written documentation previously provided to the City Council included information as  MINUTES OF COUNCIL REGULAR MEETING – MAY 8, 2018 -7- follows: New mowers are needed to replace old units that are worn out and having numerous maintenance issues. The Park Maintenance Division can no longer depend on them to perform daily mowing and snow removal activities. These pieces of equipment are used for mowing in the spring, summer and fall, and for snow removal in the winter. They are essential to the year-round maintenance of parks, trails and streetscapes. The Parks Maintenance Division has two John Deere Mowers that have been used year-round to perform maintenance duties such as mowing, sweeping and snow blowing. Being able to use these pieces of equipment allows the division to be more efficient in the year-round maintenance of many of the properties that are owned by the city. These existing units are 21 and 24 years old, and have become unreliable. When they break down it causes delays in mowing and/or snow removal. A program modification was approved for this purchase. New replacements can be purchased from Stotz Equipment Company using Utah state purchasing contract number MA2184 for the cost of $61,994.21. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to approve Resolution 18-53. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 18-54: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT WITH KENNETH WAYNE LOCKABY  MINUTES OF COUNCIL REGULAR MEETING – MAY 8, 2018 -8- AND LINDA KATHRYN LOCKABY, TRUSTEES OF THE LOCKABY FAMILY TRUST DATED THE 19TH DAY OF JANUARY, 1996, AND TO ACCEPT A QUIT CLAIM DEED AND A TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 3957 SOUTH 6400 WEST (14-35-304-010) Mayor Bigelow discussed proposed Resolution 18-54 that would authorize the City to enter into a Right-of-Way Contract with Kenneth Wayne Lockaby and Linda Kathryn Lockaby, Trustees of the Lockaby Family Trust dated the 19th Day of January, 1996, and to accept a Quit Claim Deed and a Temporary Construction Easement for property located at 3957 South 6400 West (14-35-304-010). Written documentation previously provided to the City Council included information as follows: The Lockaby Family Trust parcel located at 3957 South 6400 West are among the properties affected by the 6400 West Utah and Salt Lake Canal Bridge Replacement Project, and the sixth of nine parcels for which the required acquisitions have been completed. This project will reconstruct the canal bridge on 6400 West at approximately 3980 South. The existing Lockaby Family Trust parcel extends to the centerline of the existing 6400 West. West Valley City is receiving a Quit Claim Deed for the entire 33- foot half width from the Lockaby Family Trust parcel, 2,644 square feet, of which 1,567 square feet is currently occupied by existing roadway improvements, which leaves a balance of 1,077 square feet for which the City is required to pay. A Temporary Construction Easement is also needed to facilitate construction of the project. Compensation for the purchase of the Quit Claim Deed, Temporary Construction Easement and improvements is $9,000.00 based upon the appraisal report prepared by Integra Realty Resources. The project is being funded under the Surface Transportation Program (STP) with federal funds. West Valley City executed the Federal Aid Agreement between UDOT and Federal Highways. The city is responsible 6.77% of all project costs, including right of way. The city’s portion of the matching funds on the project will be paid to UDOT. The total value of the Temporary Construction Easement is $9,000.00, making the West Valley City share of the easement $609.30. B. RESOLUTION 18-55: AUTHORIZE THE CITY TO ACCEPT A PUBLIC SIDEWALK, LIGHTING, AND UTILITY EASEMENT FROM REDWOOD PLAZA, LLC., A UTAH LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT APPROXIMATELY 3456 SOUTH REDWOOD ROAD  MINUTES OF COUNCIL REGULAR MEETING – MAY 8, 2018 -9- Mayor Bigelow discussed proposed Resolution 18-55 that would authorize the City to accept a Public Sidewalk, Lighting, and Utility Easement from Redwood Plaza, LLC., a Utah Limited Liability Company, for property located at approximately 3456 South Redwood Road. Written documentation previously provided to the City Council included information as follows: Accept a Public Sidewalk, Lighting and Utility Easement from Redwood Plaza, LLC, a Utah limited liability company across property located at 3456 South Redwood Road. This easement is for the proposed Kim Long Market to be located at 3456 South Redwood Road. This project is subject to the requirements of the Redwood Road Overlay Zone which requires wider sidewalks and landscape frontage, along with decorative sidewalk lighting. As portions of the proposed sidewalk and lighting fall outside of the public right-of-way, a Public Sidewalk, Lighting and Utility Easement was required as a condition of approval for this project. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Resolution’s 18-54 and 18- 55. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Huynh voted in favor to adjourn.  MINUTES OF COUNCIL REGULAR MEETING – MAY 8, 2018 -10- THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, MAY 8, 2018, WAS ADJOURNED AT 7:09 P.M. BY MAYOR BIGELOW. 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, May 8, 2018. _______________________________ Nichole Camac City Recorder