City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, DECEMBER 11, 2018, AT 7:05 P.M. IN THE COUNCIL CHAMBERS, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 ABSENT: Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 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 Bob Fitzgerald, 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 Mayor Bigelow noted that the opening ceremony was conducted in the Redevelopment Agency meeting. SPECIAL RECOGNITIONS- SCOUTS  MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -2- Mayor Bigelow welcomed Scout Troop No 1304 attendance at the meeting to complete requirements for the Citizenship in the Community merit badge. APPROVAL OF MINUTES OF REGULAR MEETING HELD DECEMBER 4, 2018 The Council considered the Minutes of the Regular Meeting held December 4, 2018. There were no changes, corrections or deletions. Councilmember Buhler moved to approve the Minutes of the Regular Meeting held December 4, 2018. Councilmember Lang seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock stated that he supports the ordinance that sets a maximum of 4 domestic pets but he would like to see a modification that allows 4 cats or up to 4 small dogs. He indicated that he is aware that the City is considering Taylorsville’s pet ordinance but there have been hoarding cases in Taylorsville because their ordinance isn’t restrictive enough. Mr. Vesock stated that there are currently over 110 cats and about 55 dogs in the West Valley City Animal Shelter. He indicated that he feels more citizens would adopt these pets if they could. Mr. Vesock thanked the Council for having a no kill shelter. Mr. Vesock expressed concern about cars parking on the street during the winter and indicated that plows are unable to get through. Ileen Peterson Davis stated that she has a citation from Code Enforcement and has been told to have her issue resolved by December 23. She indicated that she hasn’t been able to get ahold of a Code Enforcement Officer but she would like to request more time due to the holiday season. Ms. Davis indicated that she is appreciative of the rules and regulations because they provide harmony. Darrin Pollard stated that unity, pride, and progress is important. He indicated that he has been in business over 50 years and owns a company located on Redwood Road. Mr. Pollard encouraged the Council to consider their current polices for Code Enforcement to allow more time for people to clean up issues for residents or business owners who have been accumulating merchandise for over 50 years versus someone who has only owned property for a couple years. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, stated that Mr. Morris will get with the two code enforcement issues to resolve concerns. MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -3- C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-13-2018, FILED BY CABCO 5600, LLC, REQUESTING A ZONE CHANGE FROM 'M' (MANUFACTURING) TO 'C-2' (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT 2514 SOUTH 5600 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled December 11, 2018, in order for the City Council to hear and consider public comments regarding application Z-13-2018, filed by Cabco 5600, LLC, requesting a Zone Change from 'M' (Manufacturing) to 'C-2' (General Commercial) for property located at 2514 South 5600 West. Written documentation previously provided to the City Council included information as follows: Bob Furstenau with Cabco 5600, LLC has requested a zone change on a 1.47-acre parcel at 2514 South 5600 West from M (manufacturing) to C-2 (general commercial). Surrounding zones include M to the east and west, LI (light industrial) to the north and C-2 (general commercial) on the south side of the canal to the south. Surrounding uses include storage units to the west, a trucking business to the east, an electrical contractor to the north and the Winco shopping center on the south side of the canal to the south. The subject property is designated as general commercial in the West Valley City General Plan. The property includes a commercial building constructed in 2015. As seen in the information provided by the applicant, he has tried to market the building over the last several years to various retail users without success. There is interest in a dental office; however, the M zone does not allow medical and dental offices. The applicant is requesting C-2 zoning as medical and dental offices are a permitted use in the C-2 zone. Given the General Plan designation of general commercial, staff is supportive of this change. Mayor Bigelow opened the Public Hearing. Bob Furstenau stated he is owner of the property. He indicated that the building has been vacant for over three years and he has had difficulty marketing it. He stated that he is requesting this zone change to sell the building for a dental office.  MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -4- Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 18-45, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 2514 SOUTH 5600 WEST FROM 'M' (MANUFACTURING) TO 'C-2' (GENERAL COMMERCIAL) The City Council previously held a public hearing regarding proposed Ordinance 18-45 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 Buhler moved to approve Ordinance 18-45. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Ms. Lang Yes Mr. Buhler Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ORDINANCE 18-46: DESIGNATE THE FAIRBOURNE COMMUNITY REINVESTMENT AREA PROJECT AREA PLAN AS THE OFFICIAL PLAN OF THE FAIRBOURNE COMMUNITY REINVESTMENT PROJECT AREA Mayor Bigelow discussed proposed Ordinance 18-46 that would designate the Fairbourne Community Reinvestment Area Project Area Plan as the Official Plan of the Fairbourne Community Reinvestment Project Area. Written documentation previously provided to the City Council included information as follows: In accordance with Utah Code Title 17C, Chapter 5, the Agency has drafted a project area plan for consideration and adoption as the official project area plan of  MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -5- the Fairbourne Community Reinvestment Area. As required by the statute, the project area plan is to be submitted to the City Council for approval. The Agency created the Fairbourne survey area by adopting Resolution 16-20 to study the feasibility of a community reinvestment area in and around the Fairbourne Station area. After further study, it has been determined that the creation of a community reinvestment area is viable in the survey area. Accordingly, the Agency drafted a project area plan to serve as the official project area plan of the Fairbourne Community Reinvestment Area. The Project Area Plan sets forth guiding principles and purposes to be pursued by the Agency in moving forward with community reinvestment activities in the Fairbourne Station area. In order to move forward with the project area, the project area plan must also be designated as the official project area plan by the City Council. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to approve Ordinance 18-46. Councilmember Lang seconded the motion. A roll call vote was taken: Ms. Lang Yes Mr. Buhler Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-230: APPROVE THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE REDEVELOPMENT AGENCY OF WEST VALLEY CITY FOR THE PAYMENT OF TAX INCREMENT WITHIN THE FAIRBOURNE COMMUNITY REINVESTMENT AREA Mayor Bigelow discussed proposed Resolution 18-230 that would approve the execution of an Interlocal Agreement with the Redevelopment Agency of West Valley City for the payment of tax increment within the Fairbourne Community Reinvestment Area. Written documentation previously provided to the City Council included information as follows: The proposed interlocal agreement would pay 75% of the City’s tax increment generated within the Fairbourne Community Reinvestment Area to the Agency for  MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -6- the purposes set forth in Utah Code Title 17C, the Project Area Plan, and the Project Area Budget. The Agency created the Fairbourne survey area by adopting Resolution 16-20 to study the feasibility of a community reinvestment area in and around the Fairbourne Station area. The Agency will consider the adoption of a project area plan and budget for the area on the same day that this agreement is considered. The interlocal agreement is the mechanism established by state law by which the Agency may receive and use tax increment within the Fairbourne Community Reinvestment Area. 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 18-230. Councilmember Buhler seconded the motion. A roll call vote was taken: Ms. Lang Yes Mr. Buhler Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-231: AUTHORIZE THE CITY TO ENTER INTO PROPERTY SCHEDULE NO. 16 OF THE MASTER TAX-EXEMPT LEASE/PURCHASE AGREEMENT WITH US BANCORP GOVERNMENT LEASING AND FINANCING, INC. WITH RESPECT TO A LEASE FOR THE PURCHASE OF EQUIPMENT Mayor Bigelow discussed proposed Resolution 18-231 that would authorize the City to enter into Property Schedule No. 16 of the Master Tax-Exempt Lease/Purchase Agreement with US Bancorp Government Leasing and Financing, Inc. with respect to a lease for the purchase of equipment Written documentation previously provided to the City Council included information as follows: The Police Department has a need for desktop and laptop computers in order to function efficiently and effectively. Excellent interest rates have been found through USbancorp, the financial institution that financed last year's computer  MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -7- lease. The Police Department would like to use US Bancorp again to finance this year's lease. The Police Department replaces approximately one quarter of its desktop and laptop computers each year through a leasing program. This allows the Department to ensure this vital equipment does not become so outdated that it can no longer meet our needs. In preparing this year's lease, the Finance Department compared the interest rates of several leasing companies, in order to procure the best rate for this lease. The company with the best interest rate was US Bancorp. The cost of the computer equipment is $144,396.31. The total cost of the equipment and finance charges over the four-year period is $155,697.67. 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 18-231. Councilmember Buhler seconded the motion. A roll call vote was taken: Ms. Lang Yes Mr. Buhler Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-232: APPROVE THE PURCHASE OF COMPUTER EQUIPMENT AND RELATED SERVICES FROM VALCOM Mayor Bigelow discussed proposed Resolution 18-232 that would approve the purchase of computer equipment and related services from Valcom. Written documentation previously provided to the City Council included information as follows: The Police Department has a need for desktop and laptop computers in order to function efficiently and effectively. The replacements will be financed through US Bank (Bm1kcorp), which provided the financing for last year's purchase. The Police Department replaces approximately one quarter of its desktop and laptop computers each year through a leasing program. This allows the Department to ensure this vital equipment does not become so outdated that it can no longer meet  MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -8- our needs. The desktop and laptop computers procured through this program will be covered by a support package from Hewlett Packard (HP) which will cover the costs of repairs needed during the lease agreement. Each computer will be leased for a period of four years, after which point the computer will belong to the City. The cost for the computers is $144,396.31. Formal bidding was not required as the vendor, V.L.C.M., holds a contract with the State of Utah. 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 18-232. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Ms. Lang Yes Mr. Buhler Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-233: APPROVE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE UTAH DEPARTMENT OF TRANSPORTATION (UDOT) FOR THE CONSTRUCTION OF MOUNTAIN VIEW CORRIDOR BETWEEN 4100 SOUTH AND SR-201 Mayor Bigelow discussed proposed Resolution 18-233 that would approve a Cooperative Agreement between the City and the Utah Department of Transportation (UDOT) for the Construction of Mountain View Corridor between 4100 South and SR-201. Written documentation previously provided to the City Council included information as follows: This agreement addresses several issues that are affected by the construction of the new roadway: The City and UDOT agree to exchange certain parcels of property as shown in the exhibits to the agreement. Property to be conveyed to the City consists of right-of-  MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -9- way for widening 4100 South Street, new local streets, and detention basins which hold runoff from City streets or which will be used for recreation. The right-of- way of existing West Valley City streets under the Mountain View Corridor bridges, will be conveyed to UDOT. The agreement defines roadway maintenance and access control responsibilities on cross streets between the city and UDOT. Through this agreement, after construction, the City assumes maintenance responsibilities of the Shared Use Path (SUP), adjacent fill slopes and trailheads. Bridge structures for the SUP will be maintained by UDOT. The City will maintain the bridge deck pavement and fencing. The City has requested several aesthetic betterments to the project as well. Reimbursement to UDOT for the cost of the betterments will be addressed in a separate agreement. 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 18-233. Councilmember Lang seconded the motion. A roll call vote was taken: Ms. Lang Yes Mr. Buhler Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-234: APPROVE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND MERIDIAN ENGINEERING FOR CERTAIN DESIGN SERVICES RELATED TO POWER LINE BURIAL ON 3500 SOUTH Mayor Bigelow discussed proposed Resolution 18-234 that would approve a Professional Services Agreement between the City and Meridian Engineering for certain design services related to power line burial on 3500 South. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -10- West Valley City has requested a betterment from UDOT on the next segment of the Mountain View Corridor (between 4100 South and SR-201) to bury overhead power on 3500 South between approximately 6000 West and 5400 West. To accommodate the power burial, the City needs to acquire several easements on private property for the proposed power equipment. Under this agreement, Meridian Engineering will provide legal descriptions and easements that can then be appraised and acquired by other real estate professionals. It is conservatively estimated that the power burial could affect up to 30 parcels. The real impact will only be known after Rocky Mountain Power produces a design for the power burial. Meridian will only be paid for the actual number of parcels affected. This work is being contracted due to the current workload of Engineering Division staff, and the schedule required to avoid delays to UDOT’s contractor. A betterment agreement with UDOT will be forthcoming to pay for the power burial costs. 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 18-234. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Ms. Lang Yes Mr. Buhler Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 18-235: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF- WAY CONTRACT AND ACCEPT THREE WARRANTY DEEDS WITH AND FROM THE MAGNA WATER DISTRICT FOR PROPERTY LOCATED AT 6020, 6150, AND 6210 WEST PARKWAY BOULEVARD (2700 SOUTH) Mayor Bigelow discussed proposed Resolution 18-235 that would authorize the City to enter into a Right-of-Way Contract and accept three Warranty Deeds with and from the Magna Water District for property located at 6020, 6150, and 6210 West Parkway  MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -11- Boulevard (2700 South). Written documentation previously provided to the City Council included information as follows: West Valley City sought out Corridor Preservation Funds for the acquisition of portions of three parcels on Parkway Blvd. from Magna Water District for a future road widening. Magna Water District has agreed to sell the property. The properties being acquired are located on the north side of Parkway Boulevard at 6020 West, 6150 West and 6210 West, immediately west of the new Mountain View Corridor interchange. This future project will ultimately extend from 5600 West to 7200 West but may be constructed in phases. The acquisitions will widen the Parkway Boulevard right-of-way across parcels 14-26-126-005, 14-26-126-004 and 14-26-126-003 to accommodate a roadway section of two lanes in each direction, a center turn lane and bike lanes. Compensation for the purchase of these parcels is $82,800.00 is as per the appraisal report prepared by Lang Appraisal Services, Inc. Funding for these acquisitions in the amount of $68,300.00 is through the State Corridor Preservation Fund. The remaining $14,500.00 will be paid by West Valley City with road impact fees. 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 18-235. Councilmember Buhler seconded the motion. A roll call vote was taken: Ms. Lang Yes Mr. Buhler Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Buhler voted in favor to adjourn.  MINUTES OF COUNCIL REGULAR MEETING – DECEMBER 11, 2018 -12- THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, DECEMBER 11, 2018, WAS ADJOURNED AT 7:32 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, December 11, 2018. _______________________________ Nichole Camac, CMC City Recorder