City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 4, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 4, 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 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne Pyle, City Manager Nichole Camac, City Recorder Paul Isaac, Assistant City Manager/ HR Director Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Jim Welch, Finance Director Colleen Jacobs, Police Chief John Evans, Fire Chief Layne Morris, CPD Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department OPENING CEREMONY Tom Huynh conducted the Opening Ceremony. He requested that members of the audience, City Staff, and the Council rise and recite the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD AUGUST 28, 2018 The Council considered the Minutes of the Regular Meeting held August 28, 2018. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 4, 2018 -2- Councilmember Christensen moved to approve the Minutes of the Regular Meeting held August 28, 2018. Councilmember Nordfelt seconded the motion. A voice vote was taken and all members voted in favor of the motion. AWARDS, CEREMONIES AND PROCLAMATIONS A. EMPLOYEE OF THE MONTH AWARD, SEPTEMBER 2018- INGRID GOLON, LEGAL DEPARTMENT Councilmember Buhler read the nomination of Ingrid Golon, Legal Department, to receive Employee of the Month Award for September 2018. Ms. Golon was nominated by Levi Lloyd. The award reads as follows: On June 19th, the West Valley Police Department was called to investigate the death of an adult female. The decedent had unexpectedly passed on her way to the hospital after some minor medical complaints. Officers learned that when the female was transported, she had left numerous teenagers and young children at home. Officers were tasked with making a death notification and explaining to the family that their mother/wife had unexpectedly passed away. Officers felt that it might be beneficial to use one of our department's victim advocates for the notification. Ingrid Golon agreed to help although this is not part of her job description. Death investigations and death notification are usually very volatile situations with high emotions, but Ingrid agreed to assist. Ingrid assisted while the notification was delivered to the husband and numerous young children. As you can imagine, the family was hysterical after hearing the news of their mother's passing. Ingrid was able to use her fluency in Spanish to console and comfort the family as well as explain details of the investigation. Ingrid stayed well over her shift to see that needs of the family were met. Ingrid was instrumental in making sure the case was handled correctly, but more importantly, her kindness, compassion and empathy helped to soften the loss of a loved one. There is no doubt that family will remember Ingrid and her charitable service for the rest of their lives. Her assistance in delivering the tragic news made it much less painful for the family. Ingrid should be rewarded for taking on a task that is not in her job description and for willingly assisting in an incident that was very traumatic for all involved. B. PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 4, 2018 -3- REPORT (CAFR) AWARD Kim Coleman presented the Comprehensive Annual financial Report (CAFR) award to the Finance Department. COMMENT PERIOD A. PUBLIC COMMENTS Upon inquiry, there were no members of the public wishing to speak. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-4-2018, FILED BY WEST VALLEY CITY, REQUESTING A ZONE TEXT CHANGE TO AMEND CHAPTER 7-7 OF THE WEST VALLEY CITY MUNICIPAL CODE TO ADD STANDARDS FOR SMALL WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 4, 2018, in order for the City Council to hear and consider public comments regarding application ZT-4-2018, filed by West Valley City, requesting a Zone Text Change to amend Chapter 7-7 of the West Valley City Municipal Code to add standards for small wireless facilities in public rights-of- way. Written documentation previously provided to the City Council included information as follows: Currently, the West Valley City Code prohibits all communication facilities in the right-of-way. In the 2018 general session of the Utah State Legislature, Senate Bill 189 created the Small Wireless Facilities Deployment Act which sets forth the basic regulations for small cells in the right-of-way. Cities may utilize the Code as written or they can also exercise zoning, land use, planning, and permitting authority and adopt additional standards for this use. Therefore, the City proposes the following Ordinance to regulate this use in West Valley City. Mayor Bigelow opened the Public Hearing. There being no one to speak in favor  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 4, 2018 -4- or opposition, Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 18-32, ENACT PART 7-7-600P OF THE WEST VALLEY CITY MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR CERTAIN SMALL WIRELESS FACILITIES The City Council previously held a public hearing regarding proposed Ordinance 18-32 that would enact part 7-7-600P of the West Valley City Municipal Code to establish regulations for certain small wireless facilities. 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 Ordinance 18-32. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ORDINANCE 18-33: AMEND SECTIONS 1-2-103 AND 1-2-110 TO UPDATE EXISTING FEES AND ESTABLISH FEES FOR CERTAIN SMALL WIRELESS FACILITIES Mayor Bigelow discussed proposed Ordinance18-33 that would amend Sections 1-2-103 and 1-2-110 to update existing fees and establish fees for certain small wireless facilities. Written documentation previously provided to the City Council included information as follows: Staff is proposing several changes to the City’s Consolidated Fee Schedule. All of the changes fall into one of three categories:  A few of the changes are necessary to bring City Code into compliance with State Code. For example, the percentages for building permit surcharges need  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 4, 2018 -5- to be updated to match State Code.  Some of the fees are dated and no longer relevant. For example, with online access to City Code, staff no longer sells hard copies of the Code.  Other fees have been consolidated. The CED Department is working toward online submittal of building permits and land use applications. To make online submittal easier for the end user, staff is consolidated several fees into one. 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 Ordinance 18-33. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-157: AWARD A CONTRACT TO CEM AQUATICS FOR REPLACEMENT OF THE POOL BOILERS AT WEST VALLEY CITY FAMILY FITNESS CENTER Mayor Bigelow discussed proposed Resolution 18-157 that would award a contract to CEM Aquatics for replacement of the Pool Boilers at West Valley City Family Fitness Center. Written documentation previously provided to the City Council included information as follows: Parks and Recreation publicly advertised for proposals for the Lap and Leisure Pool Boiler replacements at the Family Fitness Center. These are original boilers installed in 1999. Extensive preventative maintenance and general work has been  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 4, 2018 -6- performed over the years to keep the boilers functional. Recently there have been significant and consistent issues keeping them operating. The RFP was posted in the newspaper and several companies were contacted by staff. The proposals were evaluated and compared against each other in a matrix format by a committee of three. Of the eight proposals, two met specifications. Their proposed prices are as follows: CEM: $57,750 TECA: $68,945 Out of these proposals, CEM was the lowest responsible bidder. 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 Resolution 18-157. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-158: AUTHORIZE THE CITY TO EXECUTE A RIGHT OF WAY CONTRACT WITH AND AN EASEMENT IN FAVOR OF THE UTAH DEPARTMENT OF TRANSPORTATION FOR PROPERTY LOCATED AT 2921 SOUTH 5990 WEST Mayor Bigelow discussed proposed Resolution 18-158 that would authorize the City to execute a Right of Way Contract with and an easement in favor of the Utah Department of Transportation for property located at 2921 South 5990 West. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 4, 2018 -7- This parcel is located at 2921 South 5990 West is the site of the Meadowlands detention basin. UDOT is requesting a Perpetual Easement to run a storm water pipe to the detention basin from a portion of the Mountain View Corridor Project. UDOT has offered $5,300.00 for the purchase of a Perpetual Easement. Compensation in the amount of $5,300.00 was based upon the Administrative Compensation Estimate prepared for UDOT by Todd Hopkins of WSP Global, Inc. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Lang moved to approve Resolution 18-158. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 18-159: AUTHORIZE THE CITY TO APPROVE A DELAY AGREEMENT WITH RIOS HOMES, LLC TO DELAY CERTAIN IMPROVEMENTS AT 1624 WEST MALVERN AVENUE (2625 SOUTH) Mayor Bigelow discussed proposed Resolution 18-159 that would authorize the City to approve a Delay Agreement with Rios Homes, LLC to delay certain improvements at 1624 West Malvern Avenue (2625 South). Written documentation previously provided to the City Council included information as follows: Rios Homes LLC has requested to delay the installation of off-site improvements on 1624 W. Malvern Avenue as required by ordinance for their proposed subdivision. Improvements include the installation of curb, gutter, sidewalk and asphalt tie-in to the existing roadway.  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 4, 2018 -8- Presently, there are no existing adjoining improvements along this property. Postponing the construction of the required improvements would allow time for additional development to provide similar adjoining improvements and would eliminate the creation of drainage problems. B. RESOLUTION 18-160: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM CHUBBUCK DME, LLC FOR PROPERTY LOCATED AT 4053 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-160 that would authorize the City to enter into a Right-of-Way Agreement and accept a Warranty Deed and Temporary Construction Easement with and from Chubbuck DME, LLC for property located at 4053 West 4100 South. Written documentation previously provided to the City Council included information as follows: The Chubbuck DME, LLC parcel located at 4053 West 4100 South is one of several parcels affected by this project and which include fee acquisitions for the 4100 South Improvements Project; Bangerter Highway to 5460 West. This project will reconstruct the pavement and curb and gutter to improve safety and ride quality of 4100 South. Compensation for the purchase of the Warranty Deed, Temporary Construction Easement and improvements is $47,100.00 based upon the appraisal report prepared by Van Drimmelen Associates, Inc. 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 for 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 for the Warranty Deed and the Temporary Construction Easement is $47,100.00, making the West Valley City share of the easement $$3,188.67. 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 Resolution’s 18-159 and 18-160. Councilmember Huynh seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 4, 2018 -9- A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. Mayor Bigelow indicated that the Council is discussing the option of having a parade and encouraged residents to provide input and ideas. MOTION TO ADJOURN Upon motion by Councilmember Fitisemanu voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, SEPTEMBER 4, 2018, WAS ADJOURNED AT 6:48 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, September 4, 2018. _______________________________ Nichole Camac, CMC City Recorder