City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – JULY 16, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, JULY 16, 2019, AT 6:38 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 Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 (arrived as noted) Jake Fitisemanu, Councilmember District 4 ABSENT: Lars Nordfelt, Councilmember At-Large STAFF PRESENT: Paul Isaac, Acting City Manager Nichole Camac, City Recorder 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 requested that members of the audience, City Staff, and the Council rise and recite the Pledge of Allegiance. Councilmember Lang arrived at 6:40 PM. SPECIAL RECOGNITIONS- SCOUTS  MINUTES OF COUNCIL REGULAR MEETING – JULY 16, 2019 -2- Mayor Bigelow welcomed Scout Troop No 319 in attendance at the meeting to complete requirements for the Citizenship in the Community merit badge. APPROVAL OF MINUTES OF REGULAR MEETING HELD JULY 9, 2019 The Council considered the Minutes of the Regular Meeting held July 9, 2019. There were no changes, corrections or deletions. Councilmember Christensen moved to approve the Minutes of the Regular Meeting held July 9, 2019. Councilmember Huynh seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Shaun McGarvey stated that Councilmember Christensen stated in the Study Meeting that the City can’t enforce Code Enforcement problems if their own HOA can’t. Mr. McGarvey stated that the City has more teeth and a greater ability. Mr. McGarvey stated that every home and lot is individually owned, the streets are public, and the only shared property is the park in his HOA. Mr. McGarvey stated that he received a parking ticket and doesn’t feel comfortable paying online when it is a “.com” website. He indicated that he sees an issue with RV’s being able to park 24 hours on the street because violators will simply move them and put them right back where they were. Mr. McGarvey concluded by stating that even though he lives in an HOA, he pays taxes and is asking for the City’s help. Jim Vesock thanked the Council for voting down the Parking Enforcement ordinance as it was written last week. He indicated that 3 minutes is not enough time to load or unload a trailer but added that 24 hours is too long. Mr. Vesock suggested 4-6 hours. He stated that he is in favor of Code Enforcement but feels the notification procedure needs to be modified. He indicated that he feels proof of notification is essential before abatements occur. Mr. Vesock stated that he doesn’t feel that repeat offenders should be let off with minimal fines and Code Enforcement should hold them to their penalty. Adam Lee stated that newspaper businesses are going out of business. He indicated that many residents don’t come to Council meetings because they are uninformed and suggested that the City utilize the newspaper printers and send out surveys to residents to encourage people to get involved. B. CITY MANAGER COMMENTS Paul Isaac, Acting City Manager, had no comments.  MINUTES OF COUNCIL REGULAR MEETING – JULY 16, 2019 -3- C. CITY COUNCIL COMMENTS Mayor Bigelow noted that he and other Councilmembers can often be lighthearted in Study Meeting and some comments are not meant to be taken seriously. He stated that he would personally like information on “.com’s” versus “.gov’s” but not as an agenda item. Mayor Bigelow asked if the City does a regular survey of residents. Councilmember Buhler replied that he doesn’t believe one has been conducted in many years and suggested adding this as a potential future agenda item. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GP-1-2019, FILED BY WEST VALLEY CITY, REQUESTING AN AMENDMENT TO THE WEST VALLEY CITY GENERAL PLAN TO UPDATE THE CITY'S MODERATE INCOME HOUSING PLAN Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled July 16, 2019, in order for the City Council to hear and consider public comments regarding application GP-1-2019, filed by West Valley City, requesting an amendment to the West Valley City General Plan to update the City's Moderate Income Housing Plan. Written documentation previously provided to the City Council included information as follows: During the 2018 and 2019 general sessions, the Utah legislature passed HB 259 and SB 34. Both bills modified requirements for municipalities’ moderate income housing plans as well as reporting. The purpose of this General Plan amendment is to update the City’s Moderate Income Housing Plan to bring it into compliance with State code. Compliance is required by State code by December 1, 2019. The most significant changes include:  requiring municipalities to implement three or more (four or more for municipalities with fixed guideway public transit stations) of the 23 strategies listed in State code,  withholding transportation funding from those municipalities that fail to adopt a moderate income housing plan or fail to implement the requirements of the moderate income housing plan and  increasing the reporting frequency from biennially to annually. Key points from the attached 2019 update to the City’s Moderate Income Housing Plan are as follows:  Despite rent and value increases, West Valley City continues to be  MINUTES OF COUNCIL REGULAR MEETING – JULY 16, 2019 -4- one of the most affordable municipalities in Salt Lake County with 2/3rds of the City’s housing units being affordable to low income households.  The City has already implemented 19 of the 23 strategies recommended by the State.  The City plans to continue to use 18 of the 23 strategies recommended by the State in the following situations: o to preserve and maintain existing affordable housing, o to redevelop blighted multi-family residential with higher density residential and o to build new multi-family residential near light rail transit stations. 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. 19-21, ADOPT THE 2019 MODERATE INCOME HOUSING PLAN AS PART OF THE WEST VALLEY CITY GENERAL PLAN The City Council previously held a public hearing regarding proposed Ordinance 19-21 that would adopt the 2019 Moderate Income Housing Plan as part of the West Valley City General Plan. 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 19-21. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mayor Bigelow Yes Unanimous. RESOLUTION 19-90: AWARD A CONTRACT TO BLACK FOREST PAVING  MINUTES OF COUNCIL REGULAR MEETING – JULY 16, 2019 -5- LLC FOR CONSTRUCTION OF THE 6750 WEST PROJECT Mayor Bigelow discussed proposed Resolution 19-90 that would award a contract to Black Forest Paving LLC for construction of the 6750 West Project. Written documentation previously provided to the City Council included information as follows: Bids were opened for the project on July 2, 2019. A total of three (3) bids were received. The lowest responsible bidder was Black Forest Paving. 6750 West (Parkway Court) is a new road being built to accommodate access to the new West Valley City Parks Department maintenance building and will serve as improved access to Magna Water as well a few residential properties that use the existing paved private street for access. Magna Water will be sharing in the construction costs for the new road. Black Forest Paving was the lowest responsible bidder. It is recommended that the project be awarded to Black Forest Paving. 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 19-90. 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 Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 19-91: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY CONTRACT AND ACCEPT AN UNDERGROUND RIGHT OF WAY EASEMENT WITH AND FROM JD DEVELOPMENT, LLC FOR PROPERTY LOCATED AT APPROXIMATELY 5696 WEST  MINUTES OF COUNCIL REGULAR MEETING – JULY 16, 2019 -6- 3500 SOUTH Mayor Bigelow discussed proposed Resolution 19-91 that would authorize the City to enter into a Right of Way Contract and accept an Underground Right of Way Easement with and from JD Development, LLC for property located at approximately 5696 West 3500 South. Written documentation previously provided to the City Council included information as follows: The JD Development LLC parcel located at 5696 West 3500 South (former Dairy Queen site) is one of several parcels affected by this project and which require acquisitions Underground Right of Way Easements in favor of Rocky Mountain Power for the 3500 South Power Burial Project; approximately 5400 West to 6000 West. This project will be constructed in conjunction with the current phase of the Mountain View Corridor Project. As a Betterment to the Mountain View Corridor Project, the City is paying for the burial of overhead power lines between approximately 5400 West and 6000 West. Compensation for the purchase of the Underground Right of Way Easement and improvements is $2,000.00 based upon the compensation estimate 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 Fitisemanu moved to approve Resolution 19-90 on the Consent Agenda. 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 Mayor Bigelow Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Huynh, all voted in favor to adjourn.  MINUTES OF COUNCIL REGULAR MEETING – JULY 16, 2019 -7- THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, JULY 16, 2019 WAS ADJOURNED AT 7:03 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, July 16, 2019. _______________________________ Nichole Camac, CMC City Recorder