City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 18, 2018, AT 6:40 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 Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large (participating electronically) 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 Matt Elson, Acting 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 Karen Lang conducted the Opening Ceremony. She requested that members of the audience, City Staff, and the Council rise and recite the Pledge of Allegiance. SPECIAL RECOGNITIONS- SCOUTS Mayor Bigelow welcomed Scout Troop No. 3296 attendance at the meeting to complete requirements for the Citizenship in the Community merit badge. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -2- APPROVAL OF MINUTES OF REGULAR MEETING HELD SEPTEMBER 11, 2018 The Council considered the Minutes of the Regular Meeting held September 11, 2018. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held September 11, 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 Joe George stated that he lives off of 5400 West in the Highbury neighborhood. He indicated that there is a large playground in the neighborhood and speeding is a significant concern. Mr. Geoerge stated that the speed limit is 25 MPH and he feels it should be reduced to 10-15 MPH for safety purposes. Mike Markham stated that he likes the subdivision that will be constructed at 2700 West and 4100 South. He indicated that he doesn’t believe anything should be built without two car garages and added that parking is a huge issue in the City. Mr. Markham expressed concern that the City purchased a property with buried tires and stated that those responsible should have been forced to clean it up. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Mayor Bigelow requested that speed limits near playgrounds be added to the Council’s Study Meeting agenda next week. Upon inquiry, Wayne Pyle explained that the tires found on the City property were discovered after the purchase was complete and it was too difficult to determine how long they were there and who was at fault. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-10-2018, FILED BY ARCADIA PROPERTY HOLDINGS, LLC, REQUESTING A ZONE CHANGE FROM 'A' (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO 'RE' (RESIDENTIAL ESTATE) FOR PROPERTY LOCATED AT 3764 SOUTH 6400 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 18, 2018, in order for the City Council to hear and consider public comments regarding application Z-10-2018, filed by MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -3- Arcadia Property Holdings, LLC, requesting a Zone Change from 'A' (Agriculture, Minimum Lot Size 1/2 Acre) to 'RE' (Residential Estate) for property located at 3764 South 6400 West. Written documentation previously provided to the City Council included information as follows: Ken Milne with Arcadia Property Holdings LLC has requested a zone change on two parcels totaling 5.43 acres at 3764 South 6400 West from A (agriculture, minimum lot size of ½ acre) to RE (residential estate). Surrounding zones include RE to the north, R-1-10 (single family residential, minimum lot size 10,000 sq. ft.) to the west, R-1-8 (single family residential, minimum lot size 8,000 sq. ft.) to the south and A and R-1-8 to the east. The property is surrounded by a developing subdivision to the north, single family homes to the west and south and a church and single- family homes to the east. The subject property is designated as large lot residential, which anticipates 2 to 3 units/acre, in the West Valley City General Plan. The applicant has submitted a concept plan, which is attached, that shows the subject property being subdivided into 12 lots yielding a density of 2.2 units/acre. Also included is a letter from the applicant supporting this application. Mayor Bigelow opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 18-34, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3764 SOUTH 6400 WEST FROM 'A' (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO 'RE' (RESIDENTIAL ESTATE) The City Council previously held a public hearing regarding proposed Ordinance 18-34 that would amend the zoning map to show a change of zone for property located at 3764 South 6400 West from 'A' (Agriculture, Minimum Lot Size 1/2 Acre) to 'RE' (Residential Estate). 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 Ordinance 18-34. Councilmember Buhler seconded the motion. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -4- 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. ACTION: RESOLUTION NO. 18-168, AUTHORIZE THE EXECUTION OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH ARCADIA PROPERTIES, LLC FOR PROPERTY LOCATED AT APPROXIMATELY 3764 SOUTH 6400 WEST Mayor Bigelow discussed proposed Resolution 18-168 that would authorize the execution of an amendment to the Development Agreement with Arcadia Properties, LLC for property located at approximately 3764 South 6400 West. Written documentation previously provided to the City Council included information as follows: Ken Milne with Arcadia Properties, LLC has submitted a rezone application (Z-10-2018) to change 5.43 acres at 3764 S 6400 W from A (agriculture, minimum lot size ½ acre) to RE (residential estate). The Council has already rezoned the neighboring Newton Farm subdivision to RE and approved a development agreement for this subdivision. This resolution amends the Newton Farm development agreement to include the property at 3764 S 6400 W and to amend two of the standards. The two amendments to the standards are:  Setbacks: The applicant is proposing to reduce the front yard setback for homes with a side entry garage to 25’. The applicant is also proposing an average rear setback of 30’ provided no point of the house is closer than 20 feet to the rear property line.  Lot Width: Given the narrow width of the frontage along 6400 W of the property being added, the applicant is requesting that the number of lots with reduced frontage be increased from two to MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -5- three. 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 18-168. 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. ORDINANCE 18-35: ENACT SECTION 2-1-113 OF THE WEST VALLEY CITY MUNICIPAL CODE REGARDING CITY COUNCIL VOTING PROCEDURES Mayor Bigelow discussed proposed Ordinance 18-35 that would enact Section 2-1-113 of the West Valley City Municipal Code regarding City Council voting procedures. Written documentation previously provided to the City Council included information as follows: West Valley City Code requires four votes of the Council to pass or reject any matter under consideration. There are situations where a quorum of the Council will be present, but the result of the votes will not equal four and thus will not comply with the City ordinance. There may be situations where additional clarity is necessary in order to clarify the record for purposes of appeal. In the event that four votes are not received for any motion before the Council, the motion shall fail. The chair shall then ask for another motion. If no other motion is made or if the second motion also does not receive four votes, the Chair shall ask for a motion to continue the matter to a date certain, specified within a 30 calendar day time period. If no motion for continuance is made, the Chair shall MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -6- state that the item has been continued to no date certain but shall be placed on another City Council agenda for consideration within 30 calendar days. Additionally, when a motion to approve or deny fails, regardless of the number of votes it fails on, the chair should ask for another vote to confirm the council’s intent. That is, if the vote to approve the item failed, the chair should ask for a vote to deny the item. If the vote to deny failed, the chair should ask for a vote to approve the item. Councilmember Lang clarified that similar language is included in the the Board of Adjustment and Planning Commission bylaws. Wayne replied yes. 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 18-35. Councilmember Huynh 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 18-169: APPROVE THE CITYWORKS LICENSE AND MAINTENANCE AGREEMENT FOR SOFTWARE USE BY VARIOUS CITY DEPARTMENTS Mayor Bigelow discussed proposed Resolution 18-169 that would approve the Cityworks License and Maintenance Agreement for software use by various City Departments. Written documentation previously provided to the City Council included information as follows: The City been using Cityworks to track all zoning permits, building permits, excavation permits and code enforcement cases for the last 10 years. Cityworks is MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -7- also used in Public Works for asset management, work orders, and service requests. Renewal of the maintenance contract requires that the City signs a new software license agreement. Formal bidding will not be required since Cityworks is already in place. The City has a substantial investment with Cityworks. The City relies on Cityworks and the integration with other enterprise software applications such as OnBase and GIS for many of the day to day functions of the City. There are 114 different kinds of permits/cases along with workflow and cases status for each case type. There are also numerous types of work orders which track inventory, labor, equipment, materials, and costs. Approval of the license agreement will allow us to continue to use the software. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Huynh moved to approve Resolution 18-169. 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 18-170: AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF UTAH NEUROPSYCHIATRIC INSTITUTE FOR THE FULL-TIME SERVICES OF A MENTAL HEALTH PROFESSIONAL Mayor Bigelow discussed proposed Resolution 18-170 that would authorize the City to enter into an Agreement with the University of Utah Neuropsychiatric Institute for the full-time services of a Mental Health Professional. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -8- West Valley City has a need for competent licensed mental health professional services and desires to contract with UNI for the allocation of a UNI licensed clinical professional. The use of this professional will complement the already ongoing efforts of the City to assist residents who are experiencing chronic and acute homelessness. The professional will assist the Police Department in finding long term solutions to this issue and seeks to provide intervention, referral or placement for a person with mental illness to facilitate the speedy return of field officers to other field duties. Together, with the UNI professional, WVCPD will endeavor to prevent unnecessary incarceration and/or hospitalization of persons with mental illness, to provide care in the least restrictive environment possible, to provide a variety of clinical services for persons suffering from severe mental and emotional disorders, assist patients and their families in contacting social agencies that provide support and resources for problems that lead to and result from mental illness and severe emotional disorders, and provide follow-up to support access to care and associated reductions in recidivism. The professional will also assist the department in its ongoing efforts to train officers in crisis intervention and de-escalation training. The University of Utah Neuropsychiatric Institute is prepared to allocate the Professional to serve WVC full time for compensation of the employee’s salary and benefits as agreed upon by both parties. This resolution ratifies the contract between West Valley City Police Department and the University of Utah Neuropsychiatric Institute 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 18-170. 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 MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -9- Unanimous. RESOLUTION 18-171: AUTHORIZE THE EXECUTION OF AN AMENDMENT TO THE METROPOLITAN NARCOTICS TASK FORCE INTERLOCAL AGREEMENT Mayor Bigelow discussed proposed Resolution 18-171 that would authorize the execution of an amendment to the Metropolitan Narcotics Task Force Interlocal Agreement. Written documentation previously provided to the City Council included information as follows: West Valley City has been a party to the Metropolitan Narcotics Task Force since 2014, via an interlocal agreement. This amendment names Salt Lake City as the Task Force fiduciary organization, updates the list of participating agencies to include new agencies that have joined the agreement, replaces Murray City with Salt Lake City, as the host funding agency, and gives Salt Lake City the ability to execute their duty as the host funding agency. 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 18-171. 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. RESOLUTION 18-172: APPROVE AN AMENDMENT TO THE RESIDENTIAL SOLID WASTE COLLECTION, DISPOSAL, AND CURBSIDE RECYCLING SERVICE AGREEMENT BETWEEN WEST VALLEY CITY AND ACE DISPOSAL INC. Mayor Bigelow discussed proposed Resolution 18-172 that would approve an amendment MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -10- to the Residential Solid Waste Collection, Disposal, and Curbside Recycling Service Agreement between West Valley City and Ace Disposal Inc. Written documentation previously provided to the City Council included information as follows: Ace has requested an amendment to the City’s contract to include a surcharge for increased costs to process recycling materials. Due to global recycling market changes, Ace’s cost to process recycling material have increased from $25 per ton, to near $55 per ton, since proposals were received in December 2017. This amendment allows for a recycling processing surcharge to be paid to Ace for costs exceeding $25 per ton. With no other changes to the program, this would take recycling costs up to $2.87 per unit per month, from $2.31, for an annual city-wide cost increase of about $180,000. The recycling cost in the only other proposal received by the City was $3.44 per unit per month. This amendment also includes another meaningful change to the recycling program and associated costs. To reduce contamination in the recycling stream, it is proposed that residents be allowed to opt out of the recycling program. Those who care about recycling will presumably be willing to pay a little extra for the service and strive to eliminate contamination. Others can simply choose not to participate and have their garbage fee reduced. With the opt-out option, the collection cost for recycling will increase from $2.31 to $2.85 per home per month. Combined with the processing surcharge the cost for recycling will increase $1.10 per month. These additional costs will be offset by fee adjustments in the Consolidated Fee Schedule. Several options for fee adjustments are shown on the attached sheet. Wayne Pyle detailed the agreement. Russ Willardson, Public Works Director, further detailed the agreement, explained the fee schedule, and various options the Council could consider. The Council discussed the alternatives and the implications of voting for or against the proposed agreement. The Council also discussed the option of continuing this item and voting on the fee schedule and agreement at one time. 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 18-172. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -11- Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu No Ms. Lang Yes Mr. Buhler Yes Mr. Huynh No Mr. Christensen No Mr. Nordfelt No Mayor Bigelow Yes Motion Failed. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a second motion. Councilmember Nordfelt moved to continue Resolution 18-172 to the next Council Meeting to allow the Council to review the fee schedule at the same time. Councilmember Huynh seconded the motion. Councilmember Buhler requested that the motion be amended to state that the fee schedule be considered prior to Resolution 18-172. Councilmember Nordfelt moved to amend the motion to continue Resolution 18- 172 to the next Council Meeting to allow the Council to review the fee schedule at the same time and note that the fee schedule should be considered on the agenda prior to Resolution 18-172. Councilmember Huynh seconded the amendment to the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang No Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -12- Majority. Continued. CONSENT AGENDA A. RESOLUTION 18-173: AUTHORIZE THE CITY TO ACCEPT A WARRANTY DEED FROM 2803 WEST 4100 SOUTH, LLC FOR PROPERTY LOCATED AT 2803 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-173 that would authorize the City to accept a Warranty Deed from 2803 West 4100 South, LLC for property located at 2803 West 4100 South. Written documentation previously provided to the City Council included information as follows: The 2803 West 4100 South, LLC property is one of several properties affected by the required removal and replacement of ADA ramps on 4100 South as part of the 2018 Asphalt Overlay Project. As part of this project 4100 South will be overlaid full width from 2700 West to Bangerter Highway. Any existing ADA ramps which do not comply with the current standards and regulations must be removed and replaced. On this parcel a new ADA ramp will be installed to match the location of the existing school crosswalk. The current right-of-way width adjacent to this parcel is 40 feet wide from the centerline of 4100 South. The right-of-way widths to the east and west of this parcel are at a 53-foot half width. The additional 13 feet of right-of- way is being acquired to match the adjacent right-of-way widths. Existing street improvements occupy eight of the 13 feet needed, a 48-foot half width. As those improvements have existed for close to 40 years, the City is only required to pay for the additional five feet in width, or 425 square feet. Compensation in the amount of $4,250.00 is being paid to the property owner for the property to be acquired. B. RESOLUTION 18-174: AUTHORIZE THE CITY TO ACCEPT A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FROM THE CAROL J. LOWE REVOCABLE TRUST AND THE DEAN C. LOW REVOCABLE TRUST FOR PROPERTY LOCATED AT 2848 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-174 that would authorize the City to accept a Grant of Temporary Construction Easement from the Carol J. Lowe Revocable Trust and the Dean C. Low Revocable Trust for property located at 2848 West 4100 South. Written documentation previously provided to the City Council included MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -13- information as follows: The Carol Lowe Revocable Trust and the Dean C. Lowe Revocable Trust property is one of several properties affected by the required removal and replacement of ADA ramps on 4100 South as part of the 2018 Asphalt Overlay Project. As part of this project 4100 South will be overlaid full width from 2700 West to Bangerter Highway. Any existing ADA ramps which do not comply with the current standards and regulations must be removed and replaced. The Grant of Temporary Construction Easement will facilitate construction of the project. Compensation in the amount of $250.00 is being paid to the property owner. C. RESOLUTION 18-175: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT WITH CHARTWAY FEDERAL CREDIT UNION AND TO ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 4090 SOUTH 4800 WEST Mayor Bigelow discussed proposed Resolution 18-175 that would authorize the City to enter into a Right-of-Way Contract with Chartway Federal Credit Union and to accept a Warranty Deed and Temporary Construction Easement for property located at 4090 South 4800 West. Written documentation previously provided to the City Council included information as follows: The Chartway Federal Credit Union parcel located at 4090 South 4800 West 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 $25,300.00 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 $25,300.00, making the West Valley City share of the easement $1,712.81.  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 18, 2018 -14- 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 Resolutions 18-173, 18-174, and 18-175. 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. MOTION TO ADJOURN Upon motion by Councilmember Huynh voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, SEPTEMBER 18, 2018, WAS ADJOURNED AT 7:28 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 18, 2018. _______________________________ Nichole Camac, CMC City Recorder