City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 9, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, OCTOBER 9, 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: Wayne T 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 Shane Hamilton, 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 Don Christensen conducted the Opening Ceremony. He introduced the Student Body Officers of Granger High School. Zach Christensen 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 OCTOBER 2, 2018  MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 9, 2018 -2- The Council considered the Minutes of the Regular Meeting held October 2, 2018. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held October 2, 2018. Councilmember Christensen 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, OCTOBER 9 2018- TERA SMITH, ADMINISTRATION Mayor Bigelow read the nomination of Tera Smith, Administration, to receive Employee of the Month Award for October 2018. Ms. Smith was nominated by Nichole Camac, Angel Pezely, and DeAnn Varney. The award reads as follows: We would like to nominate Tera Smith for Employee of the Month. Tera comes to work every day with a positive attitude, a smile on her face, and is always ready to tackle any challenge that comes her way. Working in Administration can sometimes bring a lot of challenge but that never seems to phase Tera. She is the face of the front office and often deals with angry, upset, and sometimes even unstable people. Tera has never let this bring her down. She deals with every person and every situation with professionalism and kindness. She will talk to each individual that comes into the office, listen to their frustrations, and do everything she can to find a solution that helps them feel better when they leave. Tera has been known to walk frustrated people who are lost to the Police Station or Court buildings, call other offices to ensure someone will be available to help upset residents upon their arrival, or take care of issues that are outside of her job description. She has also been on the receiving end of angry phone calls. She manages to keep calm, lend a listening ear, and diffuse situations just by displaying understanding, empathy, and by providing kindness to people who simply want their frustrations heard. Tera is invaluable in the Administrative Office with the work she does for both the Administrative team and the City Recorder’s office. She is organized, efficient, and always gets work done quickly and correctly. Without the dedication she shows to her job, the office would not run as smoothly as it does. Tera has been working diligently to scan in Recorder’s documents in an effort to allow City records to be electronically accessed. With her hard work, 10 years have been accurately entered into Onbase and 35 boxes of files have been shipped to the State Archives. She is continuing  MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 9, 2018 -3- to tackle this massive undertaking and more files are being entered into the system every day. Tera goes above and beyond every single day and does so with a positive attitude and an unfaltering smile on her face. 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. ORDINANCE 18-39: AMEND SECTION 24-8-105 OF THE WEST VALLEY CITY MUNICIPAL CODE TO ENACT ADDITIONAL REGULATIONS CONCERNING GRAFFITI REMOVAL Mayor Bigelow discussed proposed Ordinance 18-39 that would amend Section 24-8-105 of the West Valley City Municipal Code to enact additional regulations concerning graffiti removal. Written documentation previously provided to the City Council included information as follows: Currently, the West Valley City Code requires the removal of graffiti from any structure that is visible from the street or other public or private property. However, as seen in the attached photos, some owners have simply painted over graffiti in a way that does not blend with the rest of the building. As a result, it is obvious that the building had graffiti even though it has been painted over. Staff has prepared the proposed ordinance to require graffiti to be removed through washing, sandblasting or chemical treatment or through painting in a manner that it is no longer apparent that graffiti was on the structure. 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 Ordinance 18-39. Councilmember Christensen seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 9, 2018 -4- Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 18-183: RATIFY THE CITY MANAGER'S APPOINTMENT OF ANDREW WALLENTINE AS A MEMBER OF THE UTAH CULTURAL CELEBRATION CENTER FOUNDATION COMMITTEE Mayor Bigelow discussed proposed Resolution 18-183 that would ratify the City Manager's appointment of Andrew Wallentine as a member of the Utah Cultural Celebration Center Foundation Committee. Written documentation previously provided to the City Council included information as follows: It is proposed that CAB, the Arts Council, the UCCC Foundation Committee, and the UCCC Advisory Board be eliminated and the Arts Council members would now serve as co-creators with the Division of Arts and Culture. These “West Valley City creators” will be invited to participate with City Staff to create new programing, improve existing programing and provide expertise to ensure that the presentation of arts, or cultural events are appropriately demonstrating or depicting traditional values and norms. Individuals serving on this committee would be invited to serve based on their expertise, commitment and passion to provide quality family programing, cultural exchange programs and gallery exhibits which promote cultural understanding and otherwise enrich and strengthen our community. We consider these individual volunteers different than those volunteers who desire to assist us in ushering at events, selling tickets or providing labor at events. As part of this process, the City will need to appoint three members to the UCCCF Committee to make technical changes to the bylaws in accordance with this direction and to remain in compliance with applicable tax requirements. B. RESOLUTION 18-184: RATIFY THE CITY MANAGER'S  MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 9, 2018 -5- APPOINTMENT OF JEFF OLSEN AS A MEMBER OF THE UTAH CULTURAL CELEBRATION CENTER FOUNDATION COMMITTEE Mayor Bigelow discussed proposed Resolution 18-184 that would ratify the City Manager's appointment of Jeff Olsen as a member of the Utah Cultural Celebration Center Foundation Committee. Written documentation previously provided to the City Council included information as follows: It is proposed that CAB, the Arts Council, the UCCC Foundation Committee, and the UCCC Advisory Board be eliminated and the Arts Council members would now serve as co-creators with the Division of Arts and Culture. These “West Valley City creators” will be invited to participate with City Staff to create new programing, improve existing programing and provide expertise to ensure that the presentation of arts, or cultural events are appropriately demonstrating or depicting traditional values and norms. Individuals serving on this committee would be invited to serve based on their expertise, commitment and passion to provide quality family programing, cultural exchange programs and gallery exhibits which promote cultural understanding and otherwise enrich and strengthen our community. We consider these individual volunteers different than those volunteers who desire to assist us in ushering at events, selling tickets or providing labor at events. As part of this process, the City will need to appoint three members to the UCCCF Committee to make technical changes to the bylaws in accordance with this direction and to remain in compliance with applicable tax requirements. C. RESOLUTION 18-185: RATIFY THE CITY MANAGER'S APPOINTMENT OF SUSAN KLINKER AS A MEMBER OF THE UTAH CULTURAL CELEBRATION CENTER FOUNDATION COMMITTEE Mayor Bigelow discussed proposed Resolution 18-185 that would ratify the City Manager's appointment of Susan Klinker as a member of the Utah Cultural Celebration Center Foundation Committee. Written documentation previously provided to the City Council included information as follows: It is proposed that CAB, the Arts Council, the UCCC Foundation Committee, and the UCCC Advisory Board be eliminated and the Arts Council members would now serve as co-creators with the Division of Arts and Culture. These “West Valley City creators” will be invited to  MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 9, 2018 -6- participate with City Staff to create new programing, improve existing programing and provide expertise to ensure that the presentation of arts, or cultural events are appropriately demonstrating or depicting traditional values and norms. Individuals serving on this committee would be invited to serve based on their expertise, commitment and passion to provide quality family programing, cultural exchange programs and gallery exhibits which promote cultural understanding and otherwise enrich and strengthen our community. We consider these individual volunteers different than those volunteers who desire to assist us in ushering at events, selling tickets or providing labor at events. As part of this process, the City will need to appoint three members to the UCCCF Committee to make technical changes to the bylaws in accordance with this direction and to remain in compliance with applicable tax requirements. D. RESOLUTION 18-186: AUTHORIZE THE CITY TO APPROVE A DELAY AGREEMENT WITH JESUS MONTANO AND MARIA DE JESUS OROZCO TO DELAY CERTAIN IMPROVEMENTS AT 1674 WEST CLAYBOURNE AVENUE (2785 SOUTH) Mayor Bigelow discussed proposed Resolution 18-186 that would authorize the City to approve a Delay Agreement with Jesus Montano and Maria De Jesus Orozco to delay certain improvements at 1674 West Claybourne Avenue (2785 South). Written documentation previously provided to the City Council included information as follows: Jesus Montano and Maria de Jesus Orozco have requested to delay the installation of off-site improvements on 1674 W Clayborne Avenue as required by ordinance for their proposed home. Improvements include the installation of curb, gutter, sidewalk and asphalt tie-in to the existing roadway. 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. E. RESOLUTION 18-187: APPROVE A RIGHT OF ENTRY AND OCCUPANCY AGREEMENT WITH GJKALLINS UTAH HOLDINGS, LLC FOR PROPERTY LOCATED AT 4018 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-187 that would approve a Right of Entry and Occupancy Agreement with GJKallins Utah Holdings, LLC for property  MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 9, 2018 -7- located at 4018 West 4100 South. Written documentation previously provided to the City Council included information as follows: The 4100 South reconstruction project will require the acquisition of a substantial amount of property and improvements from GJKallins in order to move forward. The appraisal process is not yet complete and the ultimate compensation to be paid to GJKallins will be based on the outcome of that process. In order to facilitate the project and to permit the City to move forward before the appraisal process is complete, GJKallins has agreed to execute a Right of Entry and Occupancy Agreement, which allows the property to be occupied by the City for the project pending the final determination of just compensation. F. RESOLUTION 18-188: AUTHORIZE THE CITY TO ENTER INTO A RIGHT- OF-WAY CONTRACT WITH MIND & MOTION UTAH 4400W LLC AND TO ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 4395 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-188 that would authorize the City to enter into a Right-of-Way Contract with Mind & Motion Utah 4400W LLC and to accept a Warranty Deed and Temporary Construction Easement for property located at 4395 West 4100 South. Written documentation previously provided to the City Council included information as follows: The Mind & Motion Utah 4400W LLC parcel located at 4395 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 $9,600.00 based upon the compensation estimate prepared by Horrocks Engineers, 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 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 $9,600.00, making the West Valley City share of the easement $649.92.  MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 9, 2018 -8- G. RESOLUTION 18-189: AUTHORIZE THE CITY TO ENTER INTO A RIGHT- OF-WAY CONTRACT WITH WAGSTAFF INVESTMENTS, A UTAH LIMITED PARTNERSHIP, AND TO ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 4825 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-189 that would authorize the City to enter into a Right-of-Way Contract with Wagstaff Investments, a Utah Limited Partnership, and to accept a Warranty Deed and Temporary Construction Easement for property located at 4825 West 4100 South. Written documentation previously provided to the City Council included information as follows: The Wagstaff Investments parcel located at 4825 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 of $60,600.00 was negotiated based upon the appraisal report prepared by Van Drimmelen Associates, Inc. which indicated a value of $54,600.00. 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 $60,600.00, making the West Valley City share of the easement $4,102.62. 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 18-183 through 18-189. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes  MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 9, 2018 -9- Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Buhler voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, OCTOBER 9, 2018, WAS ADJOURNED AT 6:44 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, October 9, 2018. _______________________________ Nichole Camac, CMC City Recorder