City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 25, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 25, 2018, AT 6:35 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: Paul Isaac, Acting City Manager/Assistant City Manager/ HR Director DeAnn Varney, Deputy City Recorder 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 Russell Willardson, Public Works Director Layne Morris, CPD Director Nancy Day, Parks and Recreation Director Jake Arslanian, Public Works Department OPENING CEREMONY Jake Fitisemanu conducted the Opening Ceremony. He presented the Hunter High School Student Officers and 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 SEPTEMBER 18, 2018 The Council considered the Minutes of the Regular Meeting held September 18, 2018. There were no changes, corrections or deletions. Councilmember Lang moved to approve the Minutes of the Regular Meeting held September 18, 2018. Councilmember Huynh seconded the motion. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 25, 2018 -2- A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Oscar Galicia stated that he migrated here around 18 years ago, is a citizen in the Chesterfield area, is going to school to become an Engineer, and is a divorced father of 2 kids. He put his pile of garbage on the street and more bulk garbage was added by others in the neighborhood. Mr. Galicia called Waste Management and was told they would pick it up but he still received a $100 ticket. He is asking for assistance from the City. B. CITY MANAGER COMMENTS Paul Isaac, Acting City Manager, stated the Mayor has indicated that we need to do a lot more and understands citizens who may need special assistance in certain circumstances. He stated that the City should work with people and directed staff to get with Mr. Galicia on his complaint. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. MAGNA MOSQUITO ABATEMENT DISTRICT PROPOSED PROPERTY TAX INCREASE REPORT TO THE WEST VALLEY CITY COUNCIL Janice Fisher, West Valley City’s representative on the Magna Mosquito Abatement District, stated Ryan Lustey is the Manager and is with her today to answer any questions. Due to the annexation from Salt Lake County they are proposing a tax increase. This proposed increase will be $3.78 per household per year. ACCEPT PUBLIC INPUT REGARDING WEST VALLEY CITY'S ACCEPTANCE OF THE MAGNA MOSQUITO ABATEMENT DISTRICT PROPERTY TAX INCREASE REPORT Mayor Bigelow opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Bigelow closed the Public Hearing. ORDINANCE 18-36: AMEND SECTION 1-2-110 AND SECTION 24-2-113 OF THE WEST VALLEY CITY MUNICIPAL CODE TO REFLECT CHANGES IN THE CITY'S RECYCLING PROGRAM Mayor Bigelow discussed proposed Ordinance 18-36 that would amend Section 1-2-110 and Section 24-2-113 of the West Valley City Municipal Code to reflect changes in the City's recycling program. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 25, 2018 -3- Written documentation previously provided to the City Council included information as follows: This amendment raises the residential waste collection base fee to $15.50 per unit per month, with recycling, from the current fee of $14.50. A new reduced base fee of $13.00 per unit per month, for residents who choose not to participate in the curbside recycling program, is also included. In today’s recycling market, a truckload of clean recyclables has more value than a larger contaminated load. Contaminated recyclables currently have little to no value. Some recycled materials are being landfilled because processors cannot find buyers. Quality recycling is more important than quantity. 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. This summer, another effort to reduce recycling contamination was implemented— tagging of recycling cans with contamination notices. The intent of this program was to directly contact residents and educate them about recycling contamination. After multiple notices, and warnings, current City ordinance allows for recycling cans to be removed from repeat offenders, with no reduction in fees. Approximately 100 households have voluntarily chosen to turn in their recycling containers, rather than try to comply with new recycling rules. Many of these residents were upset when they were informed their base service fee would not be reduced. They felt charging them for a service they no longer receive is unfair. As City staff begins to remove containers from repeat offenders, many more complaints are expected. The opt-out alternative provides a less adversarial way to remove containers from those who contaminant the recycling stream. A small reduction in fees will help preserve good relations with our customers. 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 18-36. Councilmember Huynh seconded the motion. A roll call vote was taken: MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 25, 2018 -4- 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 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, up to $60 per ton. This surcharge will add an additional cost of $180,000 to the total cost of recycling, bringing the total annual cost to just under $1,000,000 annually. The unit cost will increase to $2.87 per unit per month, from $2.31. The recycling cost in the only other proposal received by the City was $3.44 per unit per month. These additional costs can be offset by fee adjustments in the Consolidated Fee Schedule, if the Council chooses, or absorbed for a limited time by the Sanitation Fund balance. 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 18-172. Councilmember Christensen seconded the motion. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 25, 2018 -5- 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 18-176: APPROVE THE PURCHASE OF A GYMNASTICS PODIUM AND EQUIPMENT FROM BIL-JAX Mayor Bigelow discussed proposed Resolution 18-176 that would approve the purchase of a gymnastics podium and equipment from Bil-Jax. Written documentation previously provided to the City Council included information as follows: The Maverik Center has negotiated opportunities to host gymnastic events and competitions at the university and collegiate level. In order to accommodate these events, they need specialized equipment and a podium floor. This will be purchased through the operations budget and with revenues generated by the events covering the cost of the new equipment. The Maverik Center has researched podium floors and determined that Bil-Jax is the only vendor that makes podium floors that meet the specifications required by the NCAA, PAC-12 and USA Gymnastics and therefore has determined that Bil-Jax is the sole provider. Total cost is $109,214.20. 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 18-176. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 25, 2018 -6- Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-177: APPROVE A REAL ESTATE SALE AGREEMENT BETWEEN WEST VALLEY CITY AND HP UTAH MANAGEMENT, LLC FOR CERTAIN PROPERTY LOCATED NEAR 2400 SOUTH AND 4800 WEST Mayor Bigelow discussed proposed Resolution 18-177 that would approve a Real Estate Sale Agreement between West Valley City and HP Utah Management, LLC for certain property located near 2400 South and 4800 West. Written documentation previously provided to the City Council included information as follows: The City obtained the property that is subject to the Agreement in the course of the construction of 2400 South and 4800 West adjacent to the C.R. England Subdivision. The remnant property cannot be feasibly developed as an independent project and is no longer necessary for right-of-way purposes. The best way to ensure that the property is maintained and used appropriately is to integrate it with the development proposed by the buyer. This property is not required to be declared surplus as it is under one acre. 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 18-177. 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 MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 25, 2018 -7- Unanimous. NEW BUSINESS SCHEDULED FOR SEPTEMBER 25, 2018 A. CONSIDER APPLICATION S-10-2018, FILED BY CORBIN BENNION, REQUESTING FINAL PLAT APPROVAL FOR THE LAKE PARK COMMERCE CENTER SUBDIVISION LOCATED AT 5139 WEST 2400 SOUTH Mayor Bigelow discussed proposed application S-10-2018, filed by Corbin Bennion, requesting final plat approval for the Lake Park Commerce Center Subdivision located at 5139 West 2400 South. Written documentation previously provided to the City Council included information as follows: The proposed application is being submitted to create a 3-lot subdivision with lots ranging in size from 14 to 22 acres. Along with the division to create these lots, a parcel is also being created at the northeast portion of lot 3. This parcel represents property that will be used for a well. An existing well is currently located toward the west end of the subdivision. This existing well will be relocated to the new parcel to allow better development on lot 1. The primary access to the subdivision will be gained from 2400 South. The applicant is proposing 3 access points from this right-of-way. While the west and middle access points seem to work just fine, the eastern access point may be a challenge. The proposed approach will be located at the curve of 2400 South and 4800 West. While this location has been approved by the City Engineering Division, they are recommending that the access point be perpendicular at the curve. The access road would then bisect the existing wetlands to provide access to future land uses. This access will need to be coordinated with the City Engineering Division and the Army Corps of Engineers to ensure that the existing wetlands are not being impacted. An existing well is located on what will be lot 1. It is an active well and was used by previous owners. The irrigation ditch that the well was serving has been graded out with the expectation that the well would be moved to the northeast portion of the site. The applicant will coordinate the relocation of this well with the appropriate agencies. Future uses within the subdivision will be reviewed as conditional uses. At that time, staff and agency comments will be more thoroughly addressed. The subdivision plat will contain easements and other information applicable to the division of property. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 25, 2018 -8- 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 application S-10-2018. 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. B. CONSIDER APPLICATION PUD-1-2018, FILED BY BRAD REYNOLDS, REQUESTING FINAL PLAT APPROVAL FOR THE VILLAGES ON 27TH PLANNED UNIT DEVELOPMENT LOCATED AT 4530 SOUTH 2700 WEST Mayor Bigelow discussed proposed application PUD-1-2018, filed by Brad Reynolds, requesting final plat approval for the Villages on 27th Planned Unit Development located at 4530 South 2700 West. Written documentation previously provided to the City Council included information as follows: Mr. Brad Reynolds, is requesting final plat approval for the Villages on 27th. The subject property was rezoned in October 2017 from the A zone to the RM zone and will be guided by a development agreement approved by the City Council. The subject property is bordered on the north and west by residential land uses and the south by UDOT’s driver’s training range. The Villages on 27th is a Planned Unit Development consisting of 147 units on 15.6 acres. This equates to an overall density of 9.4 units per acre. Proposed townhomes will be one and two-story units within 2, 3, 4, 5 and 6 plex buildings. The rambler plan will be 1250 square feet with an additional 1200 square feet in the basement. The two-story units will range in size from 1450-1540 square feet with an additional 650-700 square feet in the basement. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 25, 2018 -9- All units will have a two-car garage accessed from a private road system. The developer is proposing to use 4 different building styles and four different color schemes. The colored variations will be substantial enough so that one color does not dominate the project. Windows will be placed in garage doors where the garage door is on the front façade. The architecture for this project is traditional in its elements. The materials will be brick, stone, fiber cement siding and stucco. Interior features include 9-foot ceilings with vaulted ceilings, a jacuzzi tub and double sink vanity in all master bathrooms, two tone paint, granite countertops in both the kitchen and bathrooms and tiled kitchen nook and bathroom floors. As mentioned previously, all townhome units will have a two-car garage for parking. In addition to the garage, each unit (aside from the alley loaded units) will have a minimum 20-foot drive for guest parking. The total number of spaces required for this project is 294. The total number of spaces provided, including the 37 guest spaces, is 545. This equates to a total number of 3.7 spaces per unit. Access to the subdivision will be gained from 2700 West. There is a main entrance to the project is centrally located and will have a landscaped median. A second access is proposed at the northeast corner of the property. The cross section on the west side of 2700 West will consist of a masonry wall, 5 feet of landscaping on the east side of the wall, a 5-foot sidewalk and a 5-foot parkstrip. The 5-foot area adjacent to the wall will be landscaped and the parkstrip will contain street trees. The interior portion of the site plan contains two large areas of open space. These areas are approximately ½ acre and ¾ acres in size. There is good pedestrian connectivity in and through the project allowing all units to easily access a sidewalk to the open space areas. The developer is proposing open space amenities that include a large play area with playground equipment, a sports court, and a pavilion. Sidewalks will be installed along all streets and through the open space areas for internal walking. The project will also include courtyards between the alley loaded units, private garden spaces, BBQ areas and a patio or balcony for each unit. A few weeks back, residents living on the north side of this project raised concerns regarding existing fences that were encroaching on to the subject  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 25, 2018 -10- property. The developer has met with these residents and is in the process of resolving the boundary dispute. 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 application PUD-1-2018. 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. 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 25, 2018, WAS ADJOURNED AT 7:17 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 25, 2018. _______________________________ DeAnn Varney, CMC Deputy City Recorder