City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, JUNE 4, 2019, 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 Lars Nordfelt, Councilmember At-Large Don Christensen, 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 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 stated he is thankful for the Country we have. He indicated that common, ordinary people can run for office and represent the community which has been impressed upon him that week with the election filing deadline for municipal office. He requested that members of the audience, City Staff, and the Council rise and recite the Pledge of Allegiance. Mayor Bigelow noted that June 6 will be the 75th anniversary of D Day and he had an opportunity to visit France over the past couple weeks. He indicated he was able to witness  MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -2- a remembrance of the event there and is very appreciative of the experience. Mayor Bigelow stated a great price was paid and urged the community to take a moment to reflect on the significance of that. APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 28, 2019 The Council considered the Minutes of the Regular Meeting held May 28, 2019. There were no changes, corrections or deletions. Councilmember Buhler moved to approve the Minutes of the Regular Meeting held May 28, 2019. 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, JUNE 2019- CARL ANDREASEN, FIRE DEPARTMENT Councilmember Huynh read the nomination of Carl Andreasen, Fire Department, to receive Employee of the Month Award for June 2019. The award reads as follows: Carl has a great demeanor, works hard, has a positive attitude, and does his job with a high degree of professionalism. Carl was recently shopping at the West Valley City Costco on his day off and encountered an individual who was choking. Carl did not hesitate and was able to provide the Heimlich maneuver, dislodge the foreign body, and restore the persons airway. He saved someone’s life, something that this individual will forever be thankful for. While this is just another day for Carl, it shows the kind of person he is. This is just one, of many, good examples of how Carl provides for West Valley citizens… on or off duty! COMMENT PERIOD A. PUBLIC COMMENTS Irene Darling stated that there is a significant issue with skunks in West Valley City. Ms. Darling stated that skunks and raccoons are moving into residential areas. She indicated that a skunk sprayed her dog two months ago in her own yard. Ms. Darling indicated that she called the Wildlife Division who stated that they would send someone to pick up any skunks that she was able to capture. She explained that she caught a skunk in a trap shortly thereafter but was then informed by the Wildlife Division that they cannot pick up in West Valley City since the City is not  MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -3- part of the program that is offered. Ms. Darling stated that she called animal control and they informed her that they don’t pick up skunks. She indicated that she called an exterminator, but they charge over $300 to set traps and pick up captured skunks. Ms. Darling urged the City to join the Wildlife assistance program. Tim Jessop stated that he recently bought a van to fix up and sell. He indicated that Code Enforcement cited him for having an unlicensed car in their yard and later abated the property. Mr. Jessop stated that the Code Enforcement officer had a mean attitude and acted as if the situation were a joke. He stated that he has cancer and fixing cars is a way of life as well as a hobby. Karey Snyder stated that he has lived in West Valley his whole life and owns horse property. He indicated that he has cars on his property that are not visible from the front yard. Mr. Snyder stated that he didn’t receive paperwork from Code Enforcement on when citations were issued. He indicated that he was forced to clean his property in the winter which took a toll on his health. Mr. Snyder indicated that a Code Enforcement Officer laughed about his situation when his property was abated. Jim Vesock stated that he is thankful that he doesn’t have skunks in his area. He indicated that he is supportive of Code Enforcement but stated that noticing is a significant issue. Mr. Vesock suggested that the City look into a “hobby” permit for unlicensed vehicles that someone is working to restore. He indicated that he feels the badges that Code Enforcement officers wear are intimidating and suggested that they remove them from their uniform. Mr. Vesock stated on-street parking is an issue. He indicated that he is in favor of xeriscaping and water conservation and added that the State will likely legislate this issue soon. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, stated he’d have Layne Morris get with the resident regarding the skunks. C. CITY COUNCIL COMMENTS Mayor Bigelow requested a follow up discussion on skunks and the disposition of items impounded during Code Enforcement/Police efforts. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING RE-OPENING THE FY 2018- 2019 BUDGET Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled June 4, 2019, in order for the City Council to hear and consider public comments regarding re-opening the FY 2018-2019 Budget. MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -4- Written documentation previously provided to the City Council included information as follows: A Public Notice was posted May 23, 2019 in (the Salt Lake Tribune and the Deseret Morning News) general circulation to the general public. Notice was given that a public hearing is to be held June 4, 2019 at 6:30 p.m., West Valley City Hall, 3600 Constitution Blvd., West Valley City, Utah. City staff recommends approval of the Ordinance amending the budget of West Valley City Corporation for the fiscal year beginning July 1, 2018 and ending June 30, 2019, to reflect changes in the budget from increased revenues and authorize the disbursement of funds. 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. 19-15, AMEND THE BUDGET OF WEST VALLEY CITY FOR THE FISCAL YEAR BEGINNING JULY 1, 2018 AND ENDING JUNE 30, 2019 TO REFLECT CHANGES IN THE BUDGET FROM INCREASED REVENUES AND AUTHORIZE THE DISBURSEMENT OF FUNDS The City Council previously held a public hearing regarding proposed Ordinance 19-15 that would amend the budget of West Valley City for the Fiscal Year beginning July 1, 2018 and ending June 30, 2019 to reflect changes in the budget from increased revenues and authorize the disbursement of funds. 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 19-15. Councilmember Nordfelt 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  MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -5- Mayor Bigelow Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-4-2019, FILED BY NICK AUGUSTYN, REQUESTING AN APPEAL OF THE PLANNING COMMISSION DENIAL TO ALLOW FREEWAY- ORIENTED BILLBOARD SIGNS ON MOUNTAIN VIEW CORRIDOR AND BANGERTER HIGHWAY Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled June 4, 2019, in order for the City Council to hear and consider public comments regarding application ZT-4-2019, Filed by Nick Augustyn, requesting an appeal of the Planning Commission denial to allow freeway-oriented billboard signs on Mountain View Corridor and Bangerter Highway. Written documentation previously provided to the City Council included information as follows: Reagan Outdoor Advertising has requested a zone text change to allow freeway-oriented billboards within 660 feet of the right-of-way for the Mountain View Corridor and Bangerter Highway. Currently, freeway- oriented billboards are only allowed within 660 feet of the right-of-way for SR-201 and I-215. Within the LI (light industrial) and M (manufacturing) zones, a freeway-oriented billboard can be up to 672 square feet in area and 65’ in height. Within the C-2 (general commercial), C-3 (transitional commercial), LI and M zones, non-freeway-oriented billboards can be up to 300 square feet in area and 35’ in height. In other words, 300 square foot billboards are already allowed within the appropriate zones along the Mountain View Corridor and Bangerter Highway. This change would allow 672 square foot billboards within LI and M zones that are within 660 feet of the right-of-way for the Mountain View Corridor and Bangerter Highway. As seen in the attached meeting minutes, the Planning Commission denied this application during their public hearing on May 8, 2019. Included with this issue paper is a letter from the applicant outlining the reasons for this appeal. Also included is the applicant’s original application. Mayor Bigelow opened the Public Hearing. MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -6- Guy Larson provided a brief history on the City’s billboard ordinance. He indicated the ordinance was adopted prior to Bangerter Highway and Mountain View Corridor and is now outdated. Mr. Larson stated they are looking at putting larger signs along Bangerter and Mountain View and will take a non-conforming sign located elsewhere in the City down. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 19-16, AMEND SECTION 11-1-104 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND THE DEFINITION OF A FREEWAY ORIENTED BILLBOARD The City Council previously held a public hearing regarding proposed Ordinance 19-16 that would amend Section 11-1-104 of the West Valley City Municipal Code to amend the definition of a Freeway Oriented Billboard. Councilmember Buhler stated that there was concern about the sign being twice as large. He indicated that the City allowed for a larger sign on 5600 West for the City’s Family Fitness Center. Councilmember Buhler added that he feels the incentive of removing a non-conforming sign is great. He indicated that the City is trying to fix things little by little and he feels this is a good compromise for improvement. Councilmember Fitisemanu asked if the City can deal with non-conforming signs in another way. Wayne replied that this is highly regulated by the State. Councilmember Nordfelt noted that the applicant could move a non-conforming sign now to Mountain View Corridor or Bangerter Highway, they just couldn’t increase the size of the sign. Wayne added that they would need to fill out appropriate applications and go through the necessary process. Nicole Cottle, CED Director, agreed and added that there are methods that allow the applicant to move signs now but the City cannot force the moving of signs because that becomes a taking issue which is heavily regulated by State Law. Councilmember Christensen stated that the proposed change would still limit signs to specific zones. Mayor Bigelow asked if the transfer of signs is square foot by square foot. Nicole replied no. Councilmember Nordfelt stated he feels it’s important to preserve the view in the City as much as possible. He indicated that he is in favor of providing an incentive for moving undesirable signs but he feels signage along 4100 South is large enough. He referenced a sign on Bangerter and 3100 South and indicated that drivers have no issue reading the sign from both directions. Councilmember Nordfelt added that he is more open to allowing the change on Mountain View Corridor but doesn’t feel comfortable modifying regulations for both. Councilmember Fitisemanu noted that there is disparity in the amount of traffic on  MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -7- Bangerter Highway and Mountain View corridor versus I-215 and Highway 201. Councilmember Lang stated that she feels Bangerter is central to the City and wouldn’t want to see it cluttered. She added that when Mountain View Corridor is finished, it might be more appropriate to allow larger billboard signs. Councilmember Lang added that speed along Bangerter and Mountain View Corridor is not equivalent to that on I-215 or Highway 201. 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 19-16. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu No Ms. Lang No Mr. Buhler Yes Mr. Huynh No Mr. Christensen Yes Mr. Nordfelt No Mayor Bigelow Yes Motion Failed. The Mayor and Council discussed options regarding denial or continuance. Councilmember Huynh noted that he would be more comfortable allowing larger billboards on Mountain View Corridor but not Bangerter. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a second motion. Councilmember Lang moved to deny Ordinance 19-16. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes  MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -8- Mr. Buhler No Mr. Huynh Yes Mr. Christensen No Mr. Nordfelt Yes Mayor Bigelow No Majority. Denied. RESOLUTION 19-58: AUTHORIZE THE CITY TO ENTER INTO AN AMENDMENT TO THE GOLF CART LEASE AGREEMENT Mayor Bigelow discussed proposed Resolution 19-58 that would authorize the City to enter into an Amendment to the Golf Cart Lease Agreement. Written documentation previously provided to the City Council included information as follows: Intermountain Golf Cars, Inc. has sought different funding of the leased golf carts for Stonebridge Golf Club and The Ridge Golf Club. Due to this, an amended agreement which includes their new funding source needs to be signed. West Valley City awarded a contract to Intermountain Golf Cars, Inc. for the leased golf carts at Stonebridge Golf Club and The Ridge Golf Club. Intermountain Golf Cars, Inc. secured funding from a different source so, in order to accommodate Intermountain Golf Cars, Inc., West Valley City is submitting an amendment to the original golf cart lease agreement. No change is being made to any terms, financial or otherwise, to the city’s conditions. 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 19-58. 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  MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -9- Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 19-59: AUTHORIZE THE CITY TO ENTER INTO PROPERTY SCHEDULE NO. 17 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 19-59 that would authorize the City to enter into Property Schedule No. 17 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: Funding is needed for certain energy efficiency and other improvements for the Maverik Center. The goal of this project is to realize energy efficiency savings that make positive long-term financial impacts on Maverik Center operations as well as replacing equipment that is obsolete or has reached the end of its useful life. These projects help meet the policy goal of reducing energy consumption and maintaining functionality at the Maverik Center. US Bancorp Government Leasing and Finance Inc. has provided a competitive leasing proposal for the purchase of these projects. The lease has a term of 15 years with semi-annual payments of $121,345 with an interest rate of 3.69%. Debt service payment will be made from a combination of cash flow from energy saving projects and contributions from the repair and replacement funds allocated to the Maverik Center. 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 19-59. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes  MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -10- Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 19-60: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH LEWIS YOUNG ROBERTSON AND BURNINGHAM, INC. FOR ENERGY EFFICIENCY UPGRADE MANAGEMENT SERVICES Mayor Bigelow discussed Resolution 19-60 that would approve a Professional Services Agreement with Lewis Young Robertson and Burningham, Inc. for energy efficiency upgrade management services. Written documentation previously provided to the City Council included information as follows: LYRB has been acting as a contracted Energy Management Consultant in creating a Strategic Energy Management Plan giving advice to the City on how to best retrofit, replace, or reconfigure existing City Facility equipment and infrastructure. The goal of this effort is to identify energy efficiency savings that make long term financial sense for the City, while at the same time meeting a policy goal of reducing energy consumption in City Facilities and promoting Sustainability. After extensive studies and coordination with the City utility providers it was determined that the Maverik Center had the most potential to meet both the aforementioned City goals. This amendment to their existing Professional Services Contract authorizes LYRB to act as the Construction Manager for $2,015,000 in planned Energy Efficiency upgrades to the Maverik Center. This includes substantial upgrades or replacements to Lighting, HVAC, Ice Making, and Electrical systems that have been determined to be operating past their life expectancy or able to be replaced with newer and more efficient equipment. The City is authorizing LYRB to enter into contracts for engineering services and equipment purchases in order to complete this project in a timely manner. Additional information is available in Appendix A and B. The debt service of this project is expected to be paid for out of a combination of Utility savings and contributions from the Repair and Rehabilitation fund of the Maverik Center. LYRB and Rocky Mountain Power estimate that upon completion of this project the City will save $150,000 a year in utilities via demand reductions and a schedule rate change at the Maverik Center. The Maverik Center itself will  MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -11- contribute $100,000 a year from its Repair and Rehabilitation fund for the duration of this 15-year loan. Totaled this will cover the yearly debt service payments of $242,690. An expected RMP rebate of $90,181 will also be available upon completion of the project which can be applied towards the initial loan payment of December 6, 2019. The remainder of the funding from the total US Bank lease of $2,900,000, approximately $885,000, will be utilized to upgrade the security and video equipment upgrades at the Maverik Center. Maverik Center staff have identified several security needs such as walk through metal detectors and security bollards, as well as new video systems for the interior video board and outdoor marquee board as priorities. Further information can be found in Appendix C. These services have not yet been bid out, and are not included in this proposal. These are also not related to the energy efficiency upgrades, but were able to be financed in conjunction due to the expected savings and contributions from the Maverik Center Repair and Rehabilitation fund. These projects will not be undertaken by LYRB and are not a part of their amended contract. 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 19-60. 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. MOTION TO ADJOURN Upon motion by Councilmember Lang, all voted in favor to adjourn.  MINUTES OF COUNCIL REGULAR MEETING – JUNE 4, 2019 -12- THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, JUNE 4, 2019 WAS ADJOURNED AT 7:38 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, June 4, 2019. _______________________________ Nichole Camac, CMC City Recorder