City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 11, 2018, AT 6:36 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 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 ABSENT: Tom Huynh, Councilmember District 1 STAFF PRESENT: Wayne Pyle, City Manager Nichole Camac, City Recorder Paul Isaac, Assistant City Manager/ HR Director Steve Pastorik, Acting CED Director Eric Bunderson, City Attorney Jim Welch, Finance Director Colleen Jacobs, Police Chief John Evans, Fire Chief Russell Willardson, Public Works Director Layne Morris, CPD Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department OPENING CEREMONY Steve Buhler conducted the Opening Ceremony. He stated that today is Patriot Day, a day of remembrance for lives lost on September 11, 2001. He played a video, 9-11 Sounds of Silence by Steve A. (Disturbed). Councilmember Buhler stated that it’s important that we remember those events and never become accustomed or permissible of evil. He stated that some good came from that event, including patriotism. Councilmember Buhler stated he feels the Country has turned their backs on one another and stated that while there is a MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -2- difference of ideas or opinions, we are all Americans. He indicated that it’s important to continue to show patriotism. APPROVAL OF MINUTES OF REGULAR MEETING HELD SEPTEMBER 4, 2018 The Council considered the Minutes of the Regular Meeting held September 4, 2018. There were no changes, corrections or deletions. Councilmember Christensen moved to approve the Minutes of the Regular Meeting held September 4, 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 Ellen Jensen stated that speed bumps are needed on O’Dell Drive. She indicated that speeding is a major concern and a child has been hit already. Ms. Jensen requested that speed bumps be installed on the street. Kent Jensen stated that a petition was signed several years ago requesting speed bumps on O’Dell Drive but nothing was ever done. He stated that the Police Department has been spoken to and he is afraid that a child will be killed if something is not done. Janet Miller stated that Police Officers at her neighborhood block party suggested that residents express their concerns regarding speeding on O’Dell Drive. She indicated that a child was hit directly in front of her house several years ago and more families are moving into the neighborhood with small children. Ms. Miller stated that speed bumps need to be installed on O’Dell Drive. Janet Torres Martinez stated she is a manager for property located at 1300 West 3800 South. She indicated that people leaving the property are unable to see oncoming traffic due to the amount of parked cars lining the street. Additionally, vehicles traveling on the street are unable to see cars exiting the property. Ms. Martinez stated that there have been two terrible accidents because of this issue and requested signage for no parking or signage warning travelers. David Tanner, representing Granger Medical Clinic, stated that he received a default notice on the new Granger Medical flagship building in Fairbourne Station. He stated that no other clinic or development has been purchased and Granger Medical is determined to build in West Valley City. Mr. Tanner stated that the notice of default instructed communication only be held through attorney’s but an MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -3- impasse has occurred. He indicated that a new proposal has been presented that meets all the requirements of the ADL but a construction loan cannot be granted until the notice of default is removed. Mr. Tanner stated that Granger Medical wants to work with the City and there appears to be confusion and miscommunication that has caused delay. Tim Hollingsed stated that he has worked with Granger Medical in West Valley City for a long time and wants to continue that path. He indicated that Granger Medical is the largest physician owned clinic group in Salt Lake County and all income comes from the providers. Mr. Hollingsed stated that the Board has been diligently working on plans and the proposed clinic is not a standard office building. He indicated that Granger Medical is eager to get construction underway. Chris Hutchinson stated he grew up in West Valley and joined Granger Medical to be part of the Community. He stated that it is vital to the Clinic to remain in West Valley City and indicated that the current building is outdated. Mr. Hutchinson stated that there have been struggles, as any small business would have, but those issues have been worked out and the Board is ready to continue moving forward. Mr. Hutchinson indicated that there are vehicles that park on Beaver Street that make visibility difficult when turning onto 3500 South. He indicated that a no parking sign would be beneficial in this area. Chun Hsiang stated that he received a notice and is unsure what it is regarding. Eric Bunderson, City Attorney, was directed to meet with him. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, asked that Russ Willardson meet with the residents concerned about parking and visibility issues following the meeting. Wayne stated that the City has discussed the Granger Medical Clinic issue with the Board at length. He advised that since a notice of default has been issued, conversations should be held between attorneys. C. CITY COUNCIL COMMENTS Mayor Bigelow requested that speed bumps/speeding and the blind intersection concerns be added to potential future agenda items. He indicated that the Council could have an update on Granger Medical Center as well but that would need to occur in a closed meeting. RESOLUTION 18-161: APPROVE THE PURCHASE OF A SELF CONTAINED BREATHING APPARATUS UNIT FROM LN CURTIS FOR USE BY THE FIRE DEPARTMENT MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -4- Mayor Bigelow discussed proposed Resolution 18-161 that would approve the purchase of a self-contained breathing apparatus unit from LN Curtis for use by the Fire Department. Written documentation previously provided to the City Council included information as follows: Purchase of (1)) Eagle Air SCBA compressor; this SCBA compressor will be centrally located at West Valley City Fire Station 72 and will be our primary compressor for the fire department in addition to the current SCBA compressor which is close to 20 years old. The cost of maintenance on our current unit is rising and many parts are no longer available. The new Eagle Air SCBA compressor will have greater fill capacity and new filter technology which will allow for cleaner and safer compressed air. LN Curtis works through the Public Procurement Authority (PP A) who work in cooperation National Purchase Partners (NPP) and its Government Division, Fire Rescue GPO which "piggy-back" off of lowest bids. This purchase will be funded out of our current operating budget. 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 18-161. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-162: APPROVE A FRANCHISE AGREEMENT BETWEEN MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON ACCESS TRANSMISSION SERVICES AND WEST VALLEY CITY FOR A TELECOMMUNICATIONS NETWORK IN THE CITY MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -5- Mayor Bigelow discussed proposed Resolution 18-162 that would approve a Franchise Agreement between MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services and West Valley City for a Telecommunications Network in the City. Written documentation previously provided to the City Council included information as follows: Applications for telecommunications networks in West Valley City are governed by Chapter 20-5 of the City Code. The franchise granted by this Agreement is for a 10 year period, with the option to renew for an additional 10 years with the same terms and conditions. Chapter 20-6 of the City Code permits the City to require all telecommunications providers to collect taxes from their customers and deposit them with the Utah State Tax Commission. This agreement memorializes this provision as well as acknowledging MCImetro’s duty to secure permits from Public Works for any excavation or construction. 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 18-162. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-163: AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, ALL PROPERTY INTERESTS FROM GJKALLINS UTAH HOLDINGS LLC LOCATED AT APPROXIMATELY 4018 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-163 that would authorize the City to acquire, by negotiation or condemnation, all property interests from GJKallins Utah Holdings LLC located at approximately 4018 West 4100 South. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -6- Written documentation previously provided to the City Council included information as follows: The City has attempted to negotiate the purchase of the property owned by GJKallins because the Property currently owned by GJKallins is needed for the construction of improvements on 4100 South. As discussed below, negotiations thus far have failed and, therefore, condemnation may be necessary to complete the acquisition. The City has attempted to negotiate the purchase of property from GJKallins. As the deadline for this project nears, it appears the City and GJKallins may reach an impasse. The City will continue to negotiate until the last possible day, but this resolution will be necessary if there is no agreement.. Mayor Bigelow indicated that an agreement has been reached and the Council should remove this item from the agenda as it is no longer necessary. 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 remove Resolution 18-163 from the agenda. Councilmember Buhler seconded the motion. A voice vote was taken. All in favor. The item was removed from the agenda. RESOLUTION 18-164: AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, ALL PROPERTY INTERESTS FROM VALLEY VIEW MEMORIAL LOCATED AT APPROXIMATELY 4445 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-164 that would authorize the City to acquire, by negotiation or condemnation, all property interests from Valley View Memorial located at approximately 4445 West 4100 South. Written documentation previously provided to the City Council included information as follows: The City has attempted to negotiate the purchase of the property owned by Valley View Memorial because the Property currently owned by Valley View Memorial is needed for the construction of improvements on 4100 South. As discussed below, MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -7- negotiations thus far have failed and, therefore, condemnation may be necessary to complete the acquisition. The City has attempted to negotiate the purchase of property from Valley View Memorial. As the deadline for this project nears, it appears the City and Valley View Memorial may reach an impasse. The City will continue to negotiate until the last possible day, but this resolution will be necessary if there is no agreement. Mayor Bigelow asked if the property owner would like to speak. The property owner was not present. 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 18-164. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-165: AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, ALL PROPERTY INTERESTS FROM VALLEY VIEW MEMORIAL LOCATED AT APPROXIMATELY 4391 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-165 that would authorize the City to acquire, by negotiation or condemnation, all property interests from Valley View Memorial located at approximately 4391 West 4100 South. Written documentation previously provided to the City Council included information as follows: The City has attempted to negotiate the purchase of the property owned by Valley View Memorial because the Property currently owned by Valley View Memorial MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -8- is needed for the construction of improvements on 4100 South. As discussed below, negotiations thus far have failed and, therefore, condemnation may be necessary to complete the acquisition. The City has attempted to negotiate the purchase of property from Valley View Memorial. As the deadline for this project nears, it appears the City and Valley View Memorial may reach an impasse. The City will continue to negotiate until the last possible day, but this resolution will be necessary if there is no agreement. Mayor Bigelow asked if the property owner would like to speak. The property owner was not present. 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 18-165. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-166: AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, ALL PROPERTY INTERESTS FROM MIND & MOTION UTAH 4400 W LLC LOCATED AT APPROXIMATELY 4395 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-166 that would authorize the City to acquire, by negotiation or condemnation, all property interests from Mind & Motion Utah 4400 W LLC located at approximately 4395 West 4100 South. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -9- The City has attempted to negotiate the purchase of the property owned by Mind & Motion because the Property currently owned by Mind & Motion is needed for the construction of improvements on 4100 South. As discussed below, negotiations thus far have failed and, therefore, condemnation may be necessary to complete the acquisition. The City has attempted to negotiate the purchase of property from Owners. As the deadline for this project nears, it appears the City and Owners may reach an impasse. The City will continue to negotiate until the last possible day, but this resolution will be necessary if there is no agreement. Mayor Bigelow asked if the property owner would like to speak. The property owner was not present. 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 18-166. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-167: AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, ALL PROPERTY INTERESTS FROM CHUN HSIANG AND HONG XIAO LOCATED AT APPROXIMATELY 4758 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-167 that would authorize the City to acquire, by negotiation or condemnation, all property interests from Chun Hsiang and Hong Xiao located at approximately 4758 West 4100 South. Written documentation previously provided to the City Council included information as MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -10- follows: The City has attempted to negotiate the purchase of the property owned by Owners because the Property currently owned by Owners is needed for the construction of improvements on 4100 South. As discussed below, negotiations thus far have failed and, therefore, condemnation may be necessary to complete the acquisition. The City has attempted to negotiate the purchase of property from Mind & Motion. As the deadline for this project nears, it appears the City and Mind & Motion may reach an impasse. The City will continue to negotiate until the last possible day, but this resolution will be necessary if there is no agreement. Mayor Bigelow asked if the property owner would like to speak. The property owner was not present. Mayor Bigelow indicated that he was here earlier but spoke with Eric Bunderson, City Attorney, and left after having his concerns addressed. Councilmember Fitisemanu expressed concern that the City required landscaping to be installed on this property only to have it removed a short time later. Councilmember Christensen agreed. 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 18-167. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. Mayor Bigelow stated that the City rarely does condemnations and always attempts to come to an agreement. He stated that the City needs to construct roads and will occasionally need to acquire property to do so. Mayor Bigelow added that whatever happens with these properties, the owners will be fairly compensated. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -11- CONSIDER APPLICATION S-9-2018, FILED BY CURT DIAL, REQUESTING FINAL PLAT APPROVAL FOR THE LILY COVE SUBDIVISION LOCATED AT 3248 SOUTH 6400 WEST Mayor Bigelow discussed proposed application S-9-2018, filed by Curt Dial, requesting final plat approval for the Lily Cove Subdivision located at 3248 South 6400 West. Written documentation previously provided to the City Council included information as follows: Curt Dial, is requesting final plat approval for the Lily Cove Subdivision. The subject property is located at 3248 South 6400 West. It is bordered on the north, south and west by existing single family residential uses. The property was recently rezoned from the A zone to the R-1-8 zone along with a development agreement. The subdivision will consist of 4 lots on 1.4 acres of property. An existing dwelling currently occupies the front portion of the property. The developer will remove the existing structure and replace it with a new single-family dwelling. Access to the new subdivision will be gained from 6400 West and from a new private street. The private street will have a right-of-way of 28 feet in width. A turnaround will be installed between lots 2 and 3 to accommodate emergency service vehicles. The private lane will be maintained in common by all owners accessing the drive. Lot sizes within the subdivision range from 12,000 to 13,257 square feet. Lot depth is on the shallow side, so during the rezone process, the applicant asked for and was granted a reduced setback of 5 feet for either the front or rear of the dwelling. All homes will follow current city single family design standards. Street improvements along 6400 West already exist, but the north drive approach will need to be removed. In addition, any existing improvements in need of repair or replacement will be done in conjunction with the new subdivision. The new lane providing access into the subdivision will create double frontage lots for those existing residences to the south. In order to mitigate the problems that may arise from this situation, staff recommends that the developer install a 6-foot vinyl fence. The fence will extend along the entire south property line. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -12- Councilmember Buhler moved to approve application S-9-2018. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSIDER APPLICATION S-11-2018, FILED BY KEN OLSEN, REQUESTING FINAL PLAT APPROVAL FOR THE RESERVE SUBDIVISION LOCATED AT 3755 SOUTH 5450 WEST Mayor Bigelow discussed proposed application S-11-2018, filed by Ken Olsen, requesting Final Plat Approval for the Reserve Subdivision located at 3755 South 5450 West. Written documentation previously provided to the City Council included information as follows: Mr. Ken Olson, is requesting final plat approval for The Reserve Subdivision. The subject property is located at approximately 3755 South 5450 West. The property was recently rezoned from the A zone to the RE Zone. The subdivision is bordered on the north, south and west by residential property zoned A. Property to the east is residential housing, but zoned R-1-10. The subdivision will consist of 8 lots on 3 acres. This equates to an overall density of 2.6 units per acre. Based on the proposed plat, lot sizes range from 12,115 square feet to 20,143 square feet. The average lot size in the subdivision has been calculated at 15,080 square feet. Access to the subdivision will be gained from 5450 West. This street is void of any formal improvements. During the rezoning process, a decision was made to allow this street to remain primarily in its current condition. The only modification being made is right-of-way dedication to a 25-foot half width. This will result in a slight increase in the asphalt width, but curb, gutter and sidewalk will not be required. Public Works will require a delay agreement for those lots adjacent to 5450 West to assist with formal improvements should they ever be installed. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -13- Lots within the subdivision will be accessed via a private street. The street will end in a hammerhead configuration to accommodate emergency service vehicles. The private street will consist of a modified gutter system and 26 feet of asphalt. Lots 101 and 102 will front 5450 West while all other lots will gain access via the private street. The private street will be raised slightly in order to drain storm water and to accommodate the sewer depth. Due to the street being raised, there is a concern with finished grades along the north and eastern portions of the subdivision. Staff inquired of the developer to see what the plan was for final grading. The developer informed staff that lots 105-108 along the eastern portion of the subdivision, would have daylight and/or walk out basements. The applicant has submitted a soils report. This report indicates that ground water was encountered at a depth of 13 feet. Based on this number, basements will be allowed for all new homes. This report is being reviewed by the City Building Official and City Engineer to determine what standards will be monitored for housing and street construction. The subdivision is located adjacent to agricultural properties along the north and south boundary. City ordinance will require that a 6-foot chain link fence be installed in these locations. In addition, a note will need to be placed on the plat identifying these areas as properties in agricultural use, and may be subject to sights, sounds and odors common to this type of use. As part of the subdivision requirements in the RE zone, the developer is required to install an entry feature off of 5450 West. The location, setting and materials have yet to be provided, but will be coordinated with staff. There are a number of mature trees along 5450 West and along the eastern boundary of the subdivision. As part of the developer’s vision for this subdivision, all trees where possible will remain. There may be a couple of trees that need to be eliminated along 5450 West to accommodate a new driveway for lot 101, but all others will remain. The existing trees along the east boundary will provide a natural buffer from the residential community to the east. It was staff’s understanding that the developer would clean up and trim trees along 5450 West, but trees along the eastern boundary would remain as is. Care and maintenance of these trees will be addressed as part of the conditions covenants and restrictions. Upon inquiry by Mayor Bigelow there were no further questions from members of the City  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 11, 2018 -14- Council, and he called for a motion. Councilmember Nordfelt moved to approve application S-11-2018. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Lang voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, SEPTEMBER 11, 2018, WAS ADJOURNED AT 7:26 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 11, 2018. _______________________________ Nichole Camac, CMC City Recorder