City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, NOVEMBER 20, 2018, AT 6:41 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 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 Jake Fitisemanu conducted the Opening Ceremony. He welcomed over 45 students from Mana Charter School in West Valley City and congratulated them for ranking number 1 in English Language academics. He stated that students excelled in many other areas as well. Student scholars recited their daily mantra. Councilmember Christensen congratulated all the scholars of Mana Academy. MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -2- APPROVAL OF MINUTES OF REGULAR MEETING HELD NOVEMBER 13, 2018 The Council considered the Minutes of the Regular Meeting held November 13, 2018. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held November 13, 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, NOVEMBER 2018- YVETTE RODIER (LEGAL DEPARTMENT) AND DAVID BLACK (POLICE DEPARTMENT) Councilmember Buhler read the nomination of Yvette Rodier, Legal, and David Black, Police, to receive Employees of the Month Award for November 2018. Ms. Rodier and Mr. Black were nominated by Ryan Robinson. The award reads as follows: I received this commendation from the United States Attorney's Office in reference to Yvette and David's determination to make a difference in their professions and in the West Valley City Community. I believe their effort, dedication to their jobs, and the hard work they put forth every day deserve recognition. Although David isn't specifically mentioned by name in the email, he is the detective who brought the vast majority of these cases to be prosecuted by Yvette. I've also NOT included the names of the offenders (although the list was impressively long) for privacy purposes. Below is the email received: Fearless Leaders, Yvette Rodier is not known for tooting her own horn so please allow me to do some horn tooting on her behalf. In the year Yvette served as a SAUSA in the USAO she obtained indictments against 57 deserving offenders. To better illustrate how many defendants that is, I have listed their names below, bullet-point style (NOT INCLUDED). Note that 23 of the defendants were known gang members, 18 were drug dealers, 22 were domestic violence abusers, 2 were illegal aliens, and 3 were trigger pullers (meaning that they were involved in shootings). Wow! MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -3- Because of the care and concern that Yvette and David display for the residents of the community, West Valley City is a safer place to live. Their efforts even received notice outside our own jurisdiction which is something impressive all in itself. Thanks for all your hard work! B. PRESENTATION OF THE UNITED STATES ATTORNEY AWARD TO YVETTE RODIER FROM JOHN HUBER, THE UNITED STATES ATTORNEY FOR THE DISTRICT OF UTAH John Huber, the United States Attorney for the District of Utah, presented Yvette Rodier with the United States Attorney Award. He provided statistics for both Yvette Rodier and Detective David Black and commended them for their successes. C. A PROCLAMATION RECOGNIZING NOVEMBER 24, 2018 AS SMALL BUSINESS SATURDAY Mayor Bigelow indicated that the Proclamation will be signed and available for inspection. He stated that the City would encourage residents to shop at small businesses this Saturday. Councilmember Christensen stated that his credit card company provided him with a list of businesses in the City to visit on Small Business Saturday. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock stated that he is requesting a change to the pet ordinance so that he is able to adopt a third cat from the Animal Shelter. He indicated that there are 119 cats currently residing at the West Valley City Animal Shelter. Steve Dean stated that there have been numerous neighborhood problems in his community. He indicated that he had a neighbor that grew marijuana. Mr. Dean stated that his dog was poisoned from these neighbors and he was forced to pay extensively to save his pet. He indicated that his new neighbors also set up a marijuana growing operation and were responsible for killing his pet. Mr. Dean stated that he calls the cops almost every day for noise violations but since it’s a low priority, he doesn’t get a lot of response from the Police Department. He requested assistance. Vinh Nguyen stated that he would like to support changes to the pet ordinance. He indicated that he has 4 dogs but the City has stated that he must get rid of half of them. Mr. Nguyen stated that the dogs are his children and he cannot imagine having to get rid of half his family. He indicated that he doesn’t understand how the City could require him to do this and stated that he could be fined or charged in Court. MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -4- Mike Markham stated that he is curious where gravel, parking, and landscaping currently is in consideration by the Council. He also stated that he has a used car lot in his neighborhood. Mr. Markham stated that the Code Enforcement Officer that investigated his complaint didn’t see that this as an issue but he feels that it is. He expressed concern that the appearance of properties in his neighborhood and the accumulation of various vehicles and trash. Mr. Markham stated that officers don’t seem to be citing as often as they used to. B. CITY MANAGER COMMENTS Paul Isaac, Acting City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-5-2018, FILED BY HINES ACQUISITIONS, LLC, REQUESTING A ZONE CHANGE FROM 'A' (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO 'M' (MANUFACTURING) FOR PROPERTY LOCATED AT 6279 WEST 2551 SOUTH Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled November 20, 2018, in order for the City Council to hear and consider public comments regarding application Z-5-2018, filed by Hines Acquisitions, LLC, requesting a Zone Change from 'A' (Agriculture, Minimum Lot Size 1/2 Acre) to 'M' (Manufacturing) for property located at 6279 West 2551 South. Written documentation previously provided to the City Council included information as follows: Hines Acquisitions, LLC has requested a zone change on a 48.8 acre parcel at 6279 W 2551 S from A (agriculture, minimum lot size ½ acre) to M (manufacturing). Surrounding zones include M to the north and west and A to the south and east. Neighboring uses include the developing ARA Industrial Park to the west, Rocky Mountain Raceway to the north, the Riter Canal to the south and vacant property to the east. The subject property is designated as light manufacturing in the West Valley City General Plan. The City’s Major Street Plan, which is part of the General Plan, shows 2540 S extending through this property. The applicant has submitted a concept plan, which is attached. Also attached is a letter from the applicant describing the proposal. The intended use is MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -5- warehouse/light industrial similar to the ARA Industrial Park to the west. The total building area is over 600,000 square feet. Given the size of the proposal (over 10 acres), a conditional use permit would be required for the use approval assuming the zone change is approved. The State legislature has appropriated funds to extend 2540 S to the east and then north to connect with the future frontage road west of Mountain View Corridor. To facilitate this road construction, staff recommends that the property be subdivided prior to the commencement of development. The subdivision will trigger dedication of the needed right-of-way for 2540 South. 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. 18-43, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 6279 WEST 2551 SOUTH FROM 'A' (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO 'M' (MANUFACTURING) The City Council previously held a public hearing regarding proposed Ordinance 18-43 that would amend the Zoning Map to show a change of Zone for property located at 6279 West 2551 South from 'A' (Agriculture, Minimum Lot Size 1/2 Acre) to 'M' (Manufacturing). 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 Ordinance 18-43. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -6- ACTION: RESOLUTION NO. 18-204, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH HINES ACQUISITIONS, LLC FOR APPROXIMATELY 48.8 ACRES OF PROPERTY LOCATED AT 6279 WEST 2551 SOUTH Mayor Bigelow discussed proposed Resolution 18-204 that would authorize the City to enter into a Development Agreement with Hines Acquisitions, LLC for approximately 48.8 acres of property located at 6279 West 2551 South. Written documentation previously provided to the City Council included information as follows: Hines Acquisitions, LLC Development, Inc. has submitted a rezone application (Z-5-2018) to change a 48.8 acre property at 6279 W 2551 S from A (agriculture, minimum lot size ½ acre) to M (manufacturing). The City’s Major Street Plan, which is part of the General Plan, shows 2540 South extending through this property. For this reason, staff is recommending a development agreement to secure the right-of-way needed for the road extension. The State legislature has appropriated funds for the construction of the road. 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 18-204. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION S-12-2018, FILED BY NATALIE NICHOLS, REPRESENTING AMERICA FIRST CREDIT UNION, REQUESTING A PLAT AMENDMENT FOR THE MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -7- AFFCU 4100 SOUTH SUBDIVISION LOCATED AT 5576 WEST 4100 SOUTH Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled November 20, 2018, in order for the City Council to hear and consider public comments regarding application S-12-2018, filed by Natalie Nichols, representing America First Credit Union, requesting a plat amendment for the AFFCU 4100 South Subdivision located at 5576 West 4100 South. Written documentation previously provided to the City Council included information as follows: The AFFCU 4100 South Subdivision was recorded with the Salt Lake County Recorder’s Office in March 2016. The original subdivision consisted of 2 lots on 2.8 acres. During the review of the original subdivision, it was suggested that a future potential amendment to lot 1 would be made simply because America First would not need such a large lot for their proposed use. America First recently submitted their application for a new credit union on the corner lot. A determination has been made to divide the original lot into two lots as America First does not need the additional .56 acres. The C-1 zone has a minimum lot size of 20,000 square feet. The newly created lot will be 24,613 square feet and will be located between the America First Credit Union and the Autozone store to the north. Existing utility easements are located on the periphery of these lots, but none exist internally. Access to the site will be gained from 4100 South and from 5600 West. An existing access already exists along 5600 West and will be a shared access for all three lots. 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. 18-44, APPROVE THE AMENDMENT OF LOT 1 IN THE AFFCU 4100 SOUTH SUBDIVISION The City Council previously held a public hearing regarding proposed Ordinance 18-44 that would approve the amendment of lot 1 in the AFFCU 4100 South Subdivision. 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 20, 2018 -8- Councilmember Huynh moved to approve Ordinance 18-44. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-205: APPROVE TWO SUBGRANT AGREEMENTS BETWEEN WEST VALLEY CITY AND SALT LAKE COUNTY GOVERNING THE DISBURSEMENT AND USE OF HOME INVESTMENT PARTNERSHIP FUNDING Mayor Bigelow discussed proposed Resolution 18-205 that would approve two Subgrant Agreements between West Valley City and Salt Lake County governing the disbursement and use of Home Investment Partnership Funding. Written documentation previously provided to the City Council included information as follows: As the lead agency in the local HOME consortium, Salt Lake County has notified West Valley City of their annual allocation of HOME funds. West Valley City will administer a Rehabilitation Program and a Down Payment Assistance Program using these funds. Wzest Valley City will receive ten percent for administrative fees. I. Housing Rehabilitation Programs (HCD18115) Total Budget $ 279,348.00 a. Rehabilitations: $ 251,264.00 b. Project delivery costs: $ 28,084.00 II. Down Payment Assistance Program (HCD18116) Total Budget $ 16,500.00 a. Down payments: $ 15,000.00 b. Project delivery costs: $ 1,500.00 Total $ 295,848.00 MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -9- The County has entered into a grant agreement with the U.S. Department of Housing and Urban Development (HUD) for financial assistance to conduct a HOME Investment Partnership Program (HOME Program) pursuant to the HOME Investment Partnerships Act, Title II of the Cranston-Gonzales National Affordable Housing Act, 42 U.S.C. 12701-12839, as amended, and subject to the Rules and Regulations, promulgated by HUD governing the conduct of HOME Investment Partnership Programs including, but not limited to, Title 24, Part 92 of the Code of Federal Regulations (CFR) (the Rules and Regulations); and the applicable Circulars published by the U.S. Office of Management and Budget (OMB Circulars). Salt Lake County has created a consortium involving six Utah cities. West Valley City is a member of the Salt Lake County HOME Consortium, as per the multi- year HUD HOME Interlocal Agreement signed in July 2017. Each year West Valley City has been allocated HOME funds through this partnership. The funding is restrictive allowing only certain residential construction, home rehabilitation and down payment assistance. 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 18-205. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-206: APPROVE AN AGREEMENT BETWEEN WEST VALLEY CITY AND SALT LAKE COUNTY TO PROVIDE "ZOO, ARTS, AND PARKS FUNDS" TO THE UTAH CULTURAL CELEBRATION CENTER Mayor Bigelow discussed proposed Resolution 18-206 that would approve an agreement between West Valley City and Salt Lake County to provide "Zoo, Arts, and Parks Funds" to the Utah Cultural Celebration Center. MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -10- Written documentation previously provided to the City Council included information as follows: The Utah Cultural Celebration Center will primarily use Zoo Arts and Parks (ZAP) funding for General Program Development in four designated areas: 1) educational programming and workshops, 2) festivals, celebrations, and concerts, 3) personnel, and 4) gallery exhibitions. With this new funding, the Cultural Center will be able to expand its community-based arts and cultural programming. The Center will also be able to reach a greater number of West Valley City and Salt Lake County residents of all ages and income levels who represent many cultural and ethnic groups. The Cultural Center has become the preferred destination for many high quality and diverse cultural and arts events that reflect the interests of the community and enhance the image of West Valley City. The Cultural Center is poised to continue maximizing the benefits that will result from the yearly ZAP financial award. Over the next twelve months, the Center will develop community programming, continue to seek and expand diversified funding sources, and collaborate on opportunities for residents to experience quality multidisciplinary arts and cultural programming. 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 18-206. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-207: AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH DLS CONSULTING, INC. FOR PROFESSIONAL SERVICES FROM NOVEMBER 1, 2018 THROUGH OCTOBER 31, 2019 MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -11- Mayor Bigelow discussed proposed Resolution 18-207 that would authorize the City to enter into an agreement with DLS Consulting, Inc. for professional services from November 1, 2018 through October 31, 2019. Written documentation previously provided to the City Council included information as follows: Dave Stewart has represented West Valley City for several years at the state legislature. His representation has resulted in the receipt of significant appropriations and has provided the City with protection from regulations that may have been detrimental. Dave Stewart has exceptional knowledge of the City and its needs and is able to represent the City effectively. DLS will provide the City with professional services by interacting with other governmental agencies, including lobbying the Utah Legislature on issues important to the City. This agreement runs through the 2019 fiscal year with a 30- day termination provision. 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 18-207. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-208: APPROVE AN AMENDED MEMORANDUM OF UNDERSTANDING ("AMENDED MOU") BETWEEN WEST VALLEY CITY AND THE UTAH PROSECUTION COUNCIL, LOWERING THE COST OF THE EPROSECUTOR CASE MANAGEMENT SYSTEM, AND SETTING FORTH THE CONDITIONS UNDER WHICH THE CITY WILL RECEIVE USER LICENSES MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -12- Mayor Bigelow discussed proposed Resolution 18-208 that would approve an amended Memorandum of Understanding ("Amended MOU") between West Valley City and the Utah Prosecution Council, lowering the cost of the EProsecutor Case Management System, and setting forth the conditions under which the City will receive user licenses. Written documentation previously provided to the City Council included information as follows: The UPC has contracted with Journal Technologies, Inc. (“JTI”) for the purchase of its cloud-based case management system known as eProsecutor. This Amended MOU acknowledges the conditions under which West Valley City will receive licenses for eProsecutor. The City also must enter into a separate Joinder with JTI. In November of 2017, the City entered into a Memorandum of Understanding with the Utah Prosecution Council (“UPC”) to provide a case management system to replace the UPC’s Prosecution Information Management System (“PIMS”). Since that time, UPC received additional grant funding to cover the final costs associated with the purchase of eProsecutor, lowering the cost from $1,600 per user to $206 per user. The City will receive 10 user licenses for use of the program. By signing this Amended MOU, the previous agreement is rendered null and void. 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 18-208. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-209: AUTHORIZE THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN WEST VALLEY CITY AND THE SALT LAKE COUNTY MUNICIPAL SERVICE DISTRICT FOR MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -13- CONSTRUCTION OF A STORM DRAIN PROJECT ON 5600 WEST AND 4700 SOUTH Mayor Bigelow discussed proposed Resolution 18-209 that would authorize the execution of an Interlocal Cooperation Agreement between West Valley City and the Salt Lake County Municipal Service District for construction of a Storm Drain Project on 5600 West and 4700 South. Written documentation previously provided to the City Council included information as follows: There have been recurring flooding problems at 5600 W 4700 S due to an old culvert which carried water from the south side of 4700 South, under the road and adjacent railroad tracks, and discharged the storm water onto property on the north side of the road. This culvert was originally installed when the surrounding property was undeveloped and was intended to simply move water from one side of the road to the other. Earlier this summer, the City constructed a storm drain to carry the storm water from the 4700 S culvert to a storm drain on 5600 W. The MSD agreed to share half the cost of the construction, since the runoff originates from the Kearns Metro Township. This agreement reimburses the City for half the project cost. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Fitisemanu moved to approve Resolution 18-209. Councilmember Buhler seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-210: APPROVE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE UTAH DEPARTMENT OF TRANSPORTATION (UDOT) MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -14- FOR THE CONSTRUCTION OF 2550 SOUTH Mayor Bigelow discussed proposed Resolution 18-210 that would approve a Cooperative Agreement between the City and the Utah Department of Transportation (UDOT) for the construction of 2550 South. Written documentation previously provided to the City Council included information as follows: Under the 2018 Senate Bill 234 (Utah Inland Port Authority Bill), it was directed that the Department of Transportation shall fund, from money designated in the Transportation Investment Fund for that purpose, the completion of 2550 South from 5600 West to 8000 West, with matching funds from the county in which the road is located. It is anticipated that the road will cost $4,000,000, and funding for the road will come from UDOT and Salt Lake County in equal shares. This agreement provides for the first $1,000,000 to come to the project from UDOT, the remaining funds will come through other agreements, both with UDOT and with Salt Lake County. The Public Works Department will use the funds for the design and construction of 2550 South, with the first segment between 7200 West and approximately 6000 West. It is anticipated that the first segment will be completed in 2019. The segment east of 6000 West is dependent on UDOT’s construction of 2400 South over Mountain View Corridor, which is anticipated to be completed in 2021. 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 18-210. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -15- Unanimous. CONSENT AGENDA A. RESOLUTION 18-212: AUTHORIZE THE CITY TO ACCEPT A PERPETUAL EASEMENT FROM NEW STAR INVESTMENT, INC. FOR PROPERTY LOCATED AT 1824 WEST 3500 SOUTH Mayor Bigelow discussed proposed Resolution 18-212 that would authorize the City to accept a Perpetual Easement from New Star Investment, Inc. for property located at 1824 West 3500 South. Written documentation previously provided to the City Council included information as follows: In exchange for a perpetual easement on property owned by New Star Investments, West Valley City will obtain the rights to install and maintain Wind Art installations on the aforementioned property. The legal description of the land is as follows: A tract of land located in the Southeast Quarter of the Southwest Quarter of Section 27, Township 1 South, Range 1 West, Salt Lake Base & Meridian, located in West Valley City, more particularly described as follows: Commencing at the South Quarter Corner of Section 27, Township 1 South, Range 1 West, Salt Lake Base and Meridian and running thence West 735.92 feet along the south line of said Section 27; thence North 54.55 feet along the east boundary of Grantor’s property extended; thence West 61.70 feet to the Point of Beginning; thence West 24.5 feet; thence North 19.70 feet; thence North 45°00’00” East 6.08 feet; thence East 20.20 feet; thence South 24.00 feet to the Point of Beginning. Encompassing 579 square feet. West Valley City staff has determined that property owned by New Stars Investment at 1824 W 3500 S has a location desirable for Wind Art installation. In agreement with the property owned, West Valley City would obtain an easement on this property in order to legally be able to install and maintain Wind Art locations. B. RESOLUTION 18-213: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT AND ACCEPT A WARRANTY DEED AND MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -16- TEMPORARY CONSTRUCTION EASEMENT FROM WASATCH LAND AND IMPROVEMENT COMPANY FOR PROPERTY LOCATED AT 4445 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-213 that would authorize the City to enter into a Right-of-Way Contract and accept a Warranty Deed and Temporary Construction Easement from Wasatch Land and Improvement Company for property located at 4445 West 4100 South. Written documentation previously provided to the City Council included information as follows: The Wasatch Land and Improvement Company parcel located at 4445 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 $9,798.00 was negotiated 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 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 $9,798.00, making the West Valley City share of the easement $663.32. C. RESOLUTION 18-214: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT WITH AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FROM WASATCH LAND AND IMPROVEMENT COMPANY FOR PROPERTY LOCATED AT 4391 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-214 that would authorize the City to enter into a Right-of-Way Contract with and accept a Warranty Deed and Temporary Construction Easement from Wasatch Land and Improvement Company for property located at 4391 West 4100 South. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -17- The Wasatch Land and Improvement Company parcel located at 4391 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 Special Warranty Deed, Temporary Construction Easement and improvements of $2,668.00 was negotiated 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 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 Special Warranty Deed and the Temporary Construction Easement is $2,668.00, making the West Valley City share of the easement $180.62. D. RESOLUTION 18-215: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM GJKALLINS UTAH HOLDING, LLC FOR PROPERTY LOCATED AT 4018 WEST 4100 SOUTH Mayor Bigelow discussed proposed Resolution 18-215 that would authorize the City to enter into a Right-of-Way Contract and accept a Warranty Deed and Temporary Construction Easement with and from GJKallins Utah Holding, LLC for property located at 4018 West 4100 South Written documentation previously provided to the City Council included information as follows: The Gjkallins Utah Holdings, LLC parcel located at 4018 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 $224,000.00 based upon the appraisal report prepared by Integra Realty Resources. 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 MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -18- 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 $224,000.00, making the West Valley City share of the easement $15,164.80. E. RESOLUTION 18-216: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM TASHINA CHANDLER FOR PROPERTY LOCATED AT 3747 SOUTH LEE MAUR STREET (2740 WEST) Mayor Bigelow discussed proposed Resolution 18-216 that would authorize the City to enter into an Easement Purchase Agreement and accept a Perpetual Easement and Temporary Construction Easement with and from Tashina Chandler for property located at 3747 South Lee Maur Street (2740 West). Written documentation previously provided to the City Council included information as follows: This portion of the Tashina Chandler parcel located at 3747 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 Tashina Chandler includes a Perpetual Easement for the wall and for a Grant of Temporary Construction Easement. Compensation in the amount of $2,000.00 is based upon the Compensation Estimate prepared by the DH Group, LLC. F. RESOLUTION 18-217: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM CATHERINE WILLIAMS FOR PROPERTY LOCATED AT 3781 SOUTH LEE MAUR STREET (2740 WEST) Mayor Bigelow discussed proposed Resolution 18-217 that would authorize the City to enter into an Easement Purchase Agreement and accept a Perpetual Easement and Temporary Construction Easement with and from Catherine Williams for property located at 3781 South Lee Maur Street (2740 West). Written documentation previously provided to the City Council included MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -19- information as follows: This portion of the Catherine Williams parcel located at 3781 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 Catherine Williams includes a Perpetual Easement for the wall and for a Grant of Temporary Construction Easement. Compensation in the amount of $2,800.00 is based upon the Compensation Estimate prepared by the DH Group, LLC. G. RESOLUTION 18-218: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM HAMDI AND FATIMA AHMED FOR PROPERTY LOCATED AT 3695 SOUTH LEE MAUR STREET (2740 WEST) Mayor Bigelow discussed proposed Resolution 18-218 that would authorize the City to enter into an Easement Purchase Agreement and accept a Perpetual Easement and Temporary Construction Easement with and from Hamdi and Fatima Ahmed for property located at 3695 South Lee Maur Street (2740 West). Written documentation previously provided to the City Council included information as follows: This portion of the Hamdi Ahmed and Fatima Ahmed parcel located at 3695 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 Hamdi Ahmed and Fatima Ahmed includes a Perpetual Easement for the wall and for a Grant of Temporary Construction Easement. Compensation in the amount of $1,900.00 is based upon the Compensation Estimate prepared by the DH Group, LLC. H. RESOLUTION 18-219: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY AGREEMENT AND ACCEPT A WARRANTY DEED,  MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -20- PERPETUAL EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM DALLAS ROBERTS FOR PROPERTY LOCATED AT 3931 SOUTH LEE MAUR STREET (2740 WEST) Mayor Bigelow discussed proposed Resolution 18-219 that would authorize the City to enter into a Right-of-Way Contract with and accept a Warranty Deed, Perpetual Easement, and Temporary Construction Easement with and from Dallas Roberts for property located at 3931 South Lee Maur Street (2740 West) Written documentation previously provided to the City Council included information as follows: This portion of the Dallas Roberts parcel located at 3931 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 Dallas Roberts includes a Warranty Deed for 850 square feet of additional right- of-way, along with a Perpetual Easement for the wall and for a Grant of Temporary Construction Easement. Compensation in the amount of $15,400.00 is based upon the appraisal report prepared by the DH Group, LLC. I. RESOLUTION 18-220: 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 KAITLIN WRIGHT AND PAUL OKELBERRY FOR PROPERTY LOCATED AT 3921 SOUTH LEE MAUR STREET (2740 WEST) Mayor Bigelow discussed proposed Resolution 18-220 that would authorize the City to enter into a Right-of-Way Contract with and accept a Warranty Deed, Perpetual Easement, and Temporary Construction Easement with and from Kaitlin Wright and Paul Okelberry for property located at 3921 South Lee Maur Street (2740 West). Written documentation previously provided to the City Council included information as follows: This portion of the Kaitlin G. Wright and Paul R. Okelberry parcel located at 3921 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,  MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -21- 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 Kaitlin G. Wright and Paul R. Okelberry includes a Warranty Deed for 820 square feet of additional right-of-way, along with a Perpetual Easement for the wall and for a Grant of Temporary Construction Easement. Compensation in the amount of $13,400.00 is based upon the appraisal report prepared by the DH Group, LLC. J. RESOLUTION 18-221: 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 MICHAEL AND FRANCINE BECKWITH FOR PROPERTY LOCATED AT 3911 SOUTH LEE MAUR STREET (2740 WEST) Mayor Bigelow discussed proposed Resolution 18-221 that would authorize the City to enter into a Right-of-Way Contract with and accept a Warranty Deed, Perpetual Easement, and Temporary Construction Easement with and from Michael and Francine Beckwith for property located at 3911 South Lee Maur Street (2740 West). Written documentation previously provided to the City Council included information as follows: This portion of the Michael W. Beckwith and Francine Beckwith parcel located at 3911 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 Michael W. Beckwith and Francine Beckwith includes a Warranty Deed for 850 square feet of additional right-of-way, along with a Perpetual Easement for the wall and for a Grant of Temporary Construction Easement. Compensation in the amount of $15,900.00 is based upon the appraisal report prepared by the DH Group, LLC. K. RESOLUTION 18-222: 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 GLEN BAILESS AND 2718 WEST, LLC FOR PROPERTY LOCATED AT 2718 WEST 3835 SOUTH MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -22- Mayor Bigelow discussed proposed Resolution 18-222 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 Glen Bailess and 2718 West, LLC for Property Located at 2718 West 3835 South. Written documentation previously provided to the City Council included information as follows: This portion of the Glen A. Bailess and 2718 West, LLC parcel located at 2718 West 3835 South 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 Glen A. Bailess and 2718 West, LLC 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 Easement. Compensation in the amount of $11,700.00 is based upon the appraisal report prepared by the DH Group, LLC. L. RESOLUTION 18-223: 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 RICHARD AND REBECCA EVENSON FOR PROPERTY LOCATED AT 3881 SOUTH LEE MAUR STREET (2740 WEST) Mayor Bigelow discussed proposed Resolution 18-223 that would authorize the City to enter into a Right-of-Way Contract with and accept a Warranty Deed, Perpetual Easement, and Temporary Construction Easement with and from Richard and Rebecca Evenson for property located at 3881 South Lee Maur Street (2740 West). Written documentation previously provided to the City Council included information as follows: This portion of the Richard Evenson and Rebecca Evenson parcel located at 3881 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 MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -23- wall along those properties with backyards facing Constitution Boulevard. The acquisition from Richard Evenson and Rebecca Evenson includes a Warranty Deed for 850square feet of additional right-of-way, along with a Perpetual Easement for the wall and for a Grant of Temporary Construction Easement. Compensation in the amount of $11,500.00 is based upon the appraisal report prepared by the DH Group, LLC. M. RESOLUTION 18-224: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY AGREEMENT AND ACCEPT A WARRRANTY DEED, PERPETUAL EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM DENNIS AND SHANNA ROBERTS FOR PROPERTY LOCATED AT 3939 SOUTH LEE MAUR STREET (2740 WEST) Mayor Bigelow discussed proposed Resolution 18-224 that would authorize the City to enter into a Right-of-Way Contract with and accept a Warranty Deed, Perpetual Easement, and Temporary Construction Easement with and from Dennis and Shanna Roberts for property located at 3939 South Lee Maur Street (2740 West) Written documentation previously provided to the City Council included information as follows: This portion of the Dennis S. Roberts and Shanna C. Roberts parcel located at 3939 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 Dennis S. Roberts and Shanna C. Roberts includes a Warranty Deed for 765 square feet of additional right-of-way, along with a Perpetual Easement for the wall and for a Grant of Temporary Construction Easement. Compensation in the amount of $9,400.00 is based upon the appraisal report prepared by the DH Group, LLC. 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 18-212 through 18- 224. Councilmember Fitisemanu seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING – NOVEMBER 20, 2018 -24- A roll call vote was taken: Mr. Fitisemanu 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, NOVEMBER 20, 2018, WAS ADJOURNED AT 7:43 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 20, 2018. _______________________________ Nichole Camac, CMC City Recorder