City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 13, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, NOVEMBER 13, 2018, AT 6:53 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 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 Colleen Jacobs, Police Chief Chris Beichner, Acting 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 Veteran’s Day was Sunday and the City hosted a dinner for Veteran’s on November 12, 2018. Councilmember Buhler shared the story of his father and father in law who served in WWII, Korea, and Vietnam. 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 OCTOBER 23, 2018 MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 13, 2018 -2- The Council considered the Minutes of the Regular Meeting held October 23, 2018. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held October 23, 2018. Councilmember Huynh seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Ken Martin stated that he is opposed to the proposed RV ordinance. He indicated that he feels his trailer is in a safe location but he cannot meet the proposed 20 foot setback. Scott Bohn stated that he appreciates Councilmember Fitisemanu’s efforts in investigating the RV ordinance and the impact the proposed setback would have. He encouraged the rest of the Council to do the same. Mr. Bohn stated that he is concerned about transparency and residents not being aware of the proposed ordinance change. He indicated that Clearfield has a Youth City Council and encouraged the City to involve youth in committees and boards more often. Jim Vesock stated that he would like the City to reconsider the pet ordinance. He indicated that he would like to adopt a third cat but the ordinance only allows for two. Mr. Vesock stated that there are 117 cats at the shelter. Michael Finch stated that he is opposed to the proposed RV ordinance. He indicated that he understands the proposal started from one complaint and feels it’s unbelievable that one incident can change things for over 1000 residents. Mr. Finch encouraged the Council to revoke the ordinance change and keep the ordinance as it is. Gerald Buttars stated that he has lived in the City for 50 years and is very happy here. He indicated that he is opposed to the RV ordinance and would like to see it re-written so that it’s not so restrictive. Kim Sherman stated that he doesn’t agree with the proposed RV ordinance. He indicated that it takes away from the freedoms of the people. He stated that he is concerned about what could come next and is opposed to this regulation. Abe Brown stated that he is opposed to the proposed RV ordinance. He indicated his driveway is 50 feet long and his RV is 40 feet long and it would be impossible MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 13, 2018 -3- to park his RV 20 feet back. Mr. Brown stated this would severely impact many people. Anthony Brooks stated that he doesn’t own an RV but appreciates the Council taking the time to listen to residents voice their concerns. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Councilmember Christensen stated that the Youth City Council is already in place although it is going through some restructuring. Councilmember Fitisemanu stated that the RV ordinance is not on the Councils agenda yet but is appreciative of comments. Mayor Bigelow agreed and added that several issues initiated the conversation and proposed change. Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-5-2018, FILED BY WEST VALLEY CITY, REQUESTING AN ORDINANCE AMENDMENT TO DEFINE AND CREATE STANDARDS FOR INLAND PORT USES Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled November 13, 2018, in order for the City Council to hear and consider public comments regarding application ZT-5-2018, filed by West Valley City, requesting an Ordinance Amendment to define and create standards for Inland Port uses. Written documentation previously provided to the City Council included information as follows: In the 2018 General Session, the Utah Legislature passed S.B. 234 Utah Inland Port Authority. This bill was amended during the 2018 second special session as H.B. 2001 Utah Inland Port Authority Amendments. H.B. 2001 includes the following under Section 11-58-205(5): (a) No later than December 31, 2018, the ordinances of a municipality with authority jurisdictional land within its boundary shall allow an inland port as a permitted or conditional use, subject to standards that are: i. determined by the municipality; and MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 13, 2018 -4- ii. consistent with the policies and objectives stated in Subsection 11-58-203(1). (b) A municipality whose ordinances do not comply with Subsection (5)(a) within the time prescribed in that subsection shall allow an inland port as a permitted use without regard to any contrary provision in the municipality’s land use ordinances. Given the requirements in State law, staff is proposing to allow inland port uses on all properties that fall within the Inland Port Authority jurisdictional land boundary, which includes all property within the City that is west of 5600 West and north of the Riter Canal. There are four zones within the Inland Port Authority jurisdictional land boundary – M (manufacturing), (LI) light industrial, A (agricultural) and R-1- 12 (single unit dwelling residential, minimum lot size 12,000 square feet). The proposed ordinance allows inland port uses as:  a conditional use in the A and R-1-12 zones if the property is within the Inland Port Authority jurisdictional land boundary and  a permitted use in the LI and M zones if the property is not adjacent to a residential use, residential zone, or agricultural zone and a conditional use when the property is adjacent to a residential use, residential zone, or agricultural zone. Where an inland port use is developed in the A or R-1-12 zone, it shall comply with the requirements applicable to developments in the M zone. 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. 18-42, AMEND PART 7-6-200P AND SECTIONS 7-1-103 AND 7-6-301 OF THE WEST VALLEY CITY MUNICIPAL CODE TO ENACT ADDITIONAL REGULATIONS CONCERNING INLAND PORT USES The City Council previously held a public hearing regarding proposed Ordinance 18-42 that would amend Part 7-6-200P and Sections 7-1-103 and 7-6-301 of the West Valley City Municipal Code to enact additional regulations concerning Inland Port uses. 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 – NOVEMBER 13, 2018 -5- Councilmember Buhler moved to approve Ordinance 18-42. 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 18-199: 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 18-199 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: 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 MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 13, 2018 -6- 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 agreement differs from the original in the language used in section 8, to limit the liability both parties accept to the negligent acts of their own employees. 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 Nordfelt moved to approve Resolution 18-199. Councilmember Christensen 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 SCHEDULED FOR NOVEMBER 13, 2018 A. RESOLUTION 18-200: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT WITH AND ACCEPT A WARRANTY DEED FROM RANDY WOOLLEY FOR PROPERTY LOCATED AT 5070 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-200 that would authorize the City to enter into a Right-of-Way Contract with and accept a Warranty Deed from Randy Woolley for property located at 5070 West 4100 South. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 13, 2018 -7- The Randy P. Woolley parcel located at 5070 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 and improvements is $600.00 based upon the compensation estimate prepared by Horrocks Engineers. 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 is $600.00, making the West Valley City share of the easement $40.62. B. RESOLUTION 18-201: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY AGREEMENT AND ACCEPT A WARRANTY DEED, PERPETUAL EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM THOMAS AND JULIA CHEZEM FOR PROPERTY LOCATED AT 3877 SOUTH LEE MAUR STREET (2740 WEST) Mayor Bigelow discussed proposed Resolution 18-201 that would authorize the City to enter into a Right-of-Way Agreement and accept a Warranty Deed, Perpetual Easement, and Temporary Construction Easement with and from Thomas and Julia Chezem for property located at 3877 South Lee Maur Street (2740 West). Written documentation previously provided to the City Council included information as follows: This portion of the Thomas D. Chezem and Julia H. Chezem parcel located at 3877 S. Lee Maur Street is being acquired as part of the 2700 West Improvement Project, scheduled to be constructed in 2019. This project will include construction of sidewalk, textured colored concrete parkstrip, landscaping, and decorative street lighting along the west side of Constitution Boulevard (2700 West) from 4100 South to 3671 South. The project will also include an eight-foot tall decorative concrete post and panel wall along those properties with backyards facing Constitution Boulevard. The acquisition from Thomas D. Chezem and Julia H. Chezem includes a Warranty Deed for 810 square feet of additional right-of-way, along with a Perpetual Easement for the wall and for a Grant of Temporary Construction MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 13, 2018 -8- Easement. Compensation is $13,100.00 based upon the appraisal report prepared by the DH Group, LLC. . C. RESOLUTION 18-202: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY AGREEMENT AND ACCEPT A WARRANTY DEED, PERPETUAL EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM JOSEPH BIGELOW AND JACOB COLEMAN FOR PROPERTY LOCATED AT 3867 SOUTH LEE MAUR STREET (2740 WEST) Mayor Bigelow discussed proposed Resolution 18-202 that would authorize the City to enter into a Right-of-Way Agreement and accept a Warranty Deed, Perpetual Easement, and Temporary Construction Easement with and from Joseph Bigelow and Jacob Coleman for property located at 3867 South Lee Maur Street (2740 West). Written documentation previously provided to the City Council included information as follows: This portion of the Joseph Bigelow and Jacob Coleman parcel located at 3867 S. Lee Maur Street is being acquired as part of the 2700 West Improvement Project, scheduled to be constructed in 2019. This project will include constmction of sidewalk, textured colored concrete parkstrip, landscaping, and decorative street lighting along the west side of Constitution Boulevard (2700 West) from 4100 South to 3671 South. The project will also include an eight-foot tall decorative concrete post and panel wall along those properties with backyards facing Constitution Boulevard. The acquisition from Joseph Bigelow and Jacob Coleman includes a Warranty Deed for 825 square feet of additional right-of-way, along with a Perpetual Easement for the wall and for a Grant of Temporary Construction Easement. Compensation is $13,300.00 based upon the appraisal report prepared by the DH Group, LLC. D. RESOLUTION 18-203: AUTHORIZE THE CITY TO ACCEPT A WARRANTY DEED FROM BRUNDLE GROUP, LLC FOR PROPERTY LOCATED AT 3006 SOUTH SUNRISE POINTE COURT (3275 WEST) Mayor Bigelow discussed proposed Resolution 18-203 that would authorize the City to accept a Warranty Deed from Brundle Group, LLC for property located at 3006 South Sunrise Pointe Court (3275 West). Written documentation previously provided to the City Council included information as follows: The Brundle Acres Subdivision was recorded with the Salt Lake County Recorder’s Office in August 2018. As part of the subdivision plat, a small MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 13, 2018 -9- 1,518 square foot (0.03) acre parcel was created at the northwest corner of the subdivision. This small parcel came into existence due to the location of the stub street from Sunrise Pointe Subdivision to the north. The developer was hopeful that the property owner to the west would be willing to combine this small parcel with the larger agricultural parcel. Although initially the property owner was interested, a decision was made not to accept the parcel. This remnant parcel will be owned by the City and will be improved by the developer with stamped colored concrete. The parcel also becomes a good place for the neighborhood box unit for mail delivery. It is anticipated when the adjacent property to the west develops, Parcel A would be acquired by the future owner/developer of the adjacent property. 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 18-200 through 18- 203. 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. MOTION FOR CLOSED SESSION Councilmember Buhler moved to adjourn and reconvene in a Closed Session for discussion of disposition of professional competency. Councilmember Lang seconded the motion. A voice vote was taken and all members voted in favor of the motion.  MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 13, 2018 -10- THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, NOVEMBER 13, 2018, WAS ADJOURNED AT 7:30 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, November 13, 2018. _______________________________ Nichole Camac, CMC City Recorder THE WEST VALLEY CITY COUNCIL RECONVENED IN CLOSED SESSION ON TUESDAY, NOVEMBER 13, 2018 AT 7:42 P.M., IN THE COUNCIL CHAMBERS, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER BY MAYOR BIGELOW. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, 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 Paul Isaac, Assistant City Manager/ HR Director Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney The City Council met in Closed Session and discussed professional competency.  MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 13, 2018 -11- THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY CITY COUNCIL, THE CLOSED SESSION OF NOVEMBER 13, 2018 WAS ADJOURNED AT 8:33 P.M. BY MAYOR BIGELOW. __________________________________ Nichole Camac – City Recorder