City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, AUGUST 13, 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 Don Christensen, Councilmember At-Large Lars Nordfelt, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne T Pyle, City Manager Nichole Camac, City Recorder Paul Isaac, Assistant City Manager/ HR Director Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Jim Welch, Finance Director Scott Buchanan, Acting 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 Mayor Bigelow conducted the Opening Ceremony. He invited members of the Sistema Strings from American Preparatory Academy to perform the Star Spangled Banner. APPROVAL OF MINUTES OF REGULAR MEETING HELD JULY 23, 2019 The Council considered the Minutes of the Regular Meeting held July 23, 2019. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -2- Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held July 23, 2019. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. AWARD PRESENTATION TO THE PARKS AND RECREATION DEPARTMENT- BEST OF STATE, GOLF PROGRAMMING A. AWARD PRESENTATION TO THE PARKS AND RECREATION DEPARTMENT- BEST OF STATE, GOLF PROGRAMMING Mark Layton with the Best of State presented the award to the Parks and Recreation Department. It is summarized as follows: The Ridge Golf Club, a West Valley City public course, focuses on inclusion through the many programs which are offered. Introducing new golfers to the sport is a passion for The Ridge Golf Pros. The team works closely with schools, seniors, veterans and volunteers to introduce and expand the game of golf while improving the lives of those in the community they serve.  Through their work with veterans, The Ridge received the 2019 Utah Recreation and Parks Award for Outstanding Adaptive Program of the Year. The veterans golf league began three years ago as an effort to provide activity and support to veterans and active military. The Ridge has partnered with the Valor House, a transitional housing program for veterans. The first year, the league was a short 3-months. Since then, the league has been a full 6 months and expects to again increase its numbers as more veterans learn about the program. Valor House residents and veteran golfers have thanked The Ridge for giving them a gathering place and sense of camaraderie.  Golf Pros have worked with Hunter High School which has increased their women’s golf team participation by 80% over the past five years. Additionally, they have worked with the Kearns High School program, which has revived their women’s golf program and now has 8 regular participants.  The senior golf and junior golf leagues have also grown annually, developing a love of the sport in youth and continuing to support players to participate as they age.  The senior volunteer program has been very successful in keeping senior golfers engaged and on the course. Each season, 20-24 seniors volunteer time and receive free golf time in return. This program, which was started when the course opened in 1991, mostly serves retirees and veterans. These volunteers also help  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -3- communicate information regarding senior golf leagues to their peers. The mission statement for the Golf Pros at The Ridge centers around serving the community which is the determining factor in every choice that is made on this public course. Reaching out to veterans, seniors and juniors has led to a diversity of golfers on the course. Through these outreach programs, The Ridge is proud to host and promote the game of golf as part of a healthier, more active community. B. EMPLOYEE OF THE MONTH AWARD- MELISA CATTEN, PARKS AND RECREATION DEPARTMENT Councilmember Buhler read the nomination of Melisa Catten, Parks and Recreation Department, to receive Employee of the Month Award for August 2019. The award reads as follows: Melisa Catten, Nancy Day’s Parks and Recreation Administrative Assistant, worked tirelessly to bring the 9/11 Never Forget Mobile Exhibit to West Valley City. Typically, this event must be scheduled a year or more in advance to allow time to plan and coordinate but due to a late cancellation, the Exhibit became available to West Valley City. The normally extensive arrangements were made in one month and this was due largely to the hard work of Melisa who worked diligently with Nancy Day (Parks and Recreation Director), Wayne Pyle (City Manager), the Mayor, the City Council, the Siller Tunnel to Towers Foundation, the Fire Department, the Police Department, Public Relations, many schools, countless volunteers, and many other groups and individuals. Through much effort, this exhibit was brought to Utah for the first time EVER over the patriotic Memorial Day weekend. Arrangements like the procession, opening ceremony, honorary wreaths, hours of operation, security, and other logistics had to be detailed and considered carefully. Melisa continually worked with numerous schools along the procession route to invite participation of students and continued her efforts up to and during the morning of the procession. Her efforts have not gone unnoticed… praise for the event and all the hard work that went into it has come from community members, local Fire Departments, City employees, and schools who witnessed and participated in the procession or attended the opening program and toured the Exhibit.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -4- This was truly an amazing Exhibit to have in West Valley City for the community to tour and to remember the first responders from September 11, 2001 and beyond who continue to keep America safe every day and pay tribute to those who have paid the ultimate sacrifice in doing so. This event wouldn’t have been so successful without Melisa’s hard work and efforts! C. PROCLAMATION DECLARING AUGUST 23, 2019 AS LIGHTS ON AFTER SCHOOL DAY IN WEST VALLEY CITY IN SUPPORT OF AMERICAN PREPARATORY ACADEMY'S AFTERSCHOOL PROGRAMS AND OTHER AFTERSCHOOL PROGRAMS IN THE CITY Councilmember Christensen read the Proclamation declaring August 23, 2019 as Lights on After School Day in West Valley City in support of American Preparatory Academy’s afterschool programs and other afterschool programs in the City. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock expressed concern about the integrity and character of Layne Morris, CPD Director, and stated that he feels he should not serve as the ALJ judge. He indicated that he has voiced this opinion multiple times and he feels like he is not being heard. Mr. Vesock stated that bullying and scare tactics are being used by Mr. Morris and Code Enforcement officers and added that Mr. Morris doesn’t want fliers being shared with residents. He indicated that if the City doesn’t resolve the Code Enforcement issue, another unfortunate incident like Jill Robinson will occur. Michael Finch stated that he is a business owner in West Valley City and is concerned with the proposed parking ordinance and enforcement on privately owned parking lots. He stated that he supports enforcement of handicap stalls, red zones, and yellow zones but wouldn’t want his customers ticketed for parking outside designated parking stalls. He indicated that any citations issued in his parking lot will reflect more on him and not on the City and stated that he would like the Council to consider an “opt-in” program. Leona Gatzemeier stated that she has been fined $595 by Code Enforcement because of children’s toys piled in her backyard. She indicated that she has had health issues from the anxiety this has caused and indicated that she feels harassed and bullied. Ms. Gatzemeier stated that the property has been cleaned up but the fine can’t be paid and she needs help. Bill Angus stated that that he agrees with previous speakers. He indicated that there is a serious issue with Code Enforcement and having Layne Morris as the ALJ is not good policy. Mr. Angus stated that he would like to see someone between Code Enforcement and the people and would like someone to stand up for the residents  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -5- of the City. He indicated that it appears Code Enforcement is creating problems, not solving them. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, stated that he would like to state, for the record, that he fully supports the Code Enforcement process and Layne Morris in both character and as the ALJ judge. C. CITY COUNCIL COMMENTS Councilmember Huynh stated that he has listened to Mr. Vesock multiple times but would like to give Layne Morris an opportunity to defend himself. He indicated he would like to clear up this issue so that the Council doesn’t have to hear about it every Tuesday. Councilmember Buhler stated it would be nice to have no laws or ordinances but indicated that they are necessary in today’s society. He stated that it’s important to live in a community where everyone is treated equal. Councilmember Buhler stated that the Council cannot review individual cases and noted that there is a process to appeal Code Enforcement decisions, parking tickets, etc. He indicated that he doesn’t want residents to attend Council meetings with the assumption that their issues can be resolved by the Council because often times, they cannot. Mayor Bigelow stated that he encourages citizens to attend Council, contact their representatives, and express their opinions. He indicated that there is often two sides to every story and he always tries to get more information on issues that are brought before him. He added that no employee, elected official, or even resident is perfect. Mayor Bigelow stated that the Council’s job is to see if one person’s complaint represents the majority of the City and if it necessitates a change in policy. He indicated that the Council is constantly talking about ordinances and policy and ensuring that everything is fair while understanding that what one person does can have an impact on everyone in the community. Mayor Bigelow stated that everyone is free to express their opinions but it’s very important to do so respectfully. Councilmember Buhler agreed and clarified that his comments were not meant to dissuade anyone from coming to Council or contacting their representative but just to inform residents that members of the Council often can’t offer resolutions to individual problems. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING THE BUDGET OF WEST VALLEY CITY FOR THE FISCAL YEAR 2019-2020 Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 13, 2019, in order for the City Council to hear MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -6- and consider public comments regarding the budget of West Valley City for the Fiscal Year 2019-2020. Written documentation previously provided to the City Council included information as follows: West Valley City will adopt a final budget that will be made available for public inspection during regular office hours in the City’s Recorder’s office and gave notice of a hearing to receive public comment, before the final adoption of this tentative budget for FY 2019-2020. Jim Welch, Finance Director, presented a PowerPoint Presentation summarized as follows:  West Valley City Budget Fiscal Year 2019-2020 o Reflects Council Direction and Objectives o Promotes efficiency in government o Public disclosure/transparency o Balanced Budget required by State Law o Prepared to GFOA Standards  Budgetary Drivers o Economic Conditions o Increasing costs of services and operations o Aging infrastructure and maintenance costs o Fiscal responsibility o Governmental and regulatory mandates  Discussed the general fund budget for the 2019/2020 year  Discussed property tax receipt and potential bill  Discussed property tax ad and judgement levy Mayor Bigelow noted that the City’s website has a lot of information regarding the budget for residents to look at. Councilmember Huynh noted that the exact number is impressive. Jim replied that it is a requirement by State Law. Mayor Bigelow opened the Public Hearing. Jim Vesock stated that there are a lot of differences in the budgets. He questioned by Code Enforcement is included in the Police Department Budget and why their budget is being cut 10%. Mr. Vesock stated that more Code Enforcement officers are needed and they need to be properly trained. Mayor Bigelow closed the Public Hearing.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -7- ACTION: RESOLUTION NO. 19-95, ADOPT A FINAL BUDGET; MAKE APPROPRIATIONS FOR THE SUPPORT OF WEST VALLEY CITY FOR THE FISCAL YEAR BEGINNING JULY 1, 2019 AND ENDING JUNE 30, 2020; AND DETERMINE THE RATE OF TAX AND LEVY TAXES UPON ALL REAL AND PERSONAL PROPERTY WITHIN WEST VALLEY CITY, UTAH, TAXABLE BY LAW FOR THE YEAR 2019 The City Council previously held a public hearing regarding proposed Resolution 19-95 that would adopt a final budget; Make appropriations for the support of West Valley City for the Fiscal Year beginning July 1, 2019 and ending June 30, 2020; and determine the rate of tax and levy taxes upon all real and personal property within West Valley City, Utah, taxable by law for the year 2019. 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 19-95. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ORDINANCE 19-20: AMEND CHAPTER 22 OF THE WEST VALLEY CITY MUNICIPAL CODE TO PROHIBIT PARKING OF UNINSURED AND UNREGISTERED VEHICLES ON CITY STREETS, PROHIBIT PARKING ON A BIKE LANE OR PEDESTRIAN TRAIL, ALLOW FOR THE USE OF AN IMMOBILIZATION DEVICE ON NUISANCE VEHICLES, AND CREATE AN ELECTRONIC PAYMENT AND APPEAL SYSTEM Mayor Bigelow discussed proposed Ordinance 19-20 that would amend Chapter 22 of the West Valley City Municipal Code to prohibit parking of uninsured and unregistered vehicles on City streets, prohibit parking on a bike lane or pedestrian trail, allow for the use of an immobilization device on nuisance vehicles, and create an electronic payment and appeal system.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -8- Written documentation previously provided to the City Council included information as follows: If approved, this ordinance will enact two new sections and amend nine others. Proposed Sections 22-2-105 and 22-2-106 will make it unlawful to park an unregistered or uninsured vehicle on a public highway, street, alley, park strip, or parking lot. The substantive amendments to Chapter 22-2 make it possible to cite unregistered owners, make it unlawful to park on a bike lane or a pedestrian trail, clarify when a trailer can be parked on the street, and clarify the term “parking lot.” The procedural amendments to Chapter 22-2 give the City the ability to place an immobilization device on nuisance vehicles in lieu of towing, facilitate the electronic issuance and collection of parking ticket fines, and raise the total fine for a parking ticket from $125 to $128 to allow for the administrative processing fee. Over the last six months, the Legal Department and the Police Department have seen the need to amend the parking ordinances to compensate for the volume of tickets and have identified several code sections that need to be clarified for the benefit of the citizenry. Councilmember Huynh clarified that this would be the first time Police Officers could enforce on private parking lots. Councilmember Christensen replied that officers can currently cite for violations of State law such as handicap spaces, etc. Councilmember Lang stated she doesn’t feel the City should enforce on private parking lots. She indicated that if a business owner doesn’t have a problem with how parking occurs on their property, customers shouldn’t be issued tickets. Councilmember Lang stated that she agrees with the business owner who spoke in public comment when he stated that issuing citations could cost businesses customers. She added that if a business wants assistance from the City, she would be comfortable with a opt in program of some kind. Mayor Bigelow asked if a business can arrange to have a nuisance vehicle towed. Wayne replied yes. Mayor Bigelow asked if the City can enforce with diesels parking overnight on properties. Wayne replied that the City can assist by issuing trespassing citations but not parking tickets. Mayor Bigelow asked if the City can assist with safety concerns. Wayne replied it would depend on the situation. Councilmember Buhler stated that a tow is much more severe than a ticket and currently tickets cannot be issued on private parking lots. He indicated that owners would take the burden of paying for a vehicle to be towed as well. Councilmember Buhler stated that he has several issues with the ordinance. He indicated that he understands the  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -9- need to take up two parking spaces on occasion, he is concerned that multi-tenant buildings that share parking with leasers who don’t get along may be an issue, he stated he is concerned with the section of the ordinance regarding longer term deliveries (such as landscapers), etc. Councilmember Buhler added that the ordinance isn’t perfect but the City Council did agree to move forward with a civil parking enforcement program. Councilmember Nordfelt asked how the City intends to enforce parking on business lots. Wayne replied it would be by request. Councilmember Nordfelt stated that he feels allowing this would just give business owners another tool. He stated that the Council needs to trust the judgement of employees and know that they want to help people and won’t use ordinances as a tool for power. Mayor Bigelow suggested contacting ChamberWest regarding the issue for feedback. Councilmember Lang stated that she has had to deal with one abandoned vehicle on her property in 30 years and she did not have to pay for towing. She indicated that she understands there are larger companies who may want the City’s assistance and she feels paying and opting in for this service is a good solution. Councilmember Huynh stated that he is torn and can see both perspectives. Councilmember Fitisemanu clarified language in the proposed ordinance with Eric Bunderson, City Attorney. 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 19-20 subject to removing item 5 in 22-2-101 (lines 46 and 47) and keeping 22-2-118 as it is currently written (lines 157 and 158). Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ORDINANCE 19-22: AMEND SECTION 1-2-110 OF TITLE 1 OF THE WEST VALLEY CITY MUNICIPAL CODE ADDING RATES FOR FLEET MAINTENANCE SERVICES FOR OUTSIDE AGENCIES  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -10- Mayor Bigelow discussed proposed Ordinance 19-22 that would amend Section 1-2-110 of Title 1 of the West Valley City Municipal Code adding rates for Fleet Maintenance Services for outside agencies. Written documentation previously provided to the City Council included information as follows: The Fleet Management Division provides vehicle maintenance, repairs and emergency equipment installation to several federal law enforcement agencies, and UTOPIA. A review of these labor rates charged to these agencies showed the rates being charged were insufficient to cover all labor and overhead costs. Adoption of the new rates will now be formalized by addition to the Consolidated Fee Schedule. The new rates are: $100 per hour for vehicle maintenance and repairs $75 per hour for emergency equipment installation Cost plus 10% for parts Although these new hourly rates are significantly higher than the $75 and $55 respective rates previously charged, they are competitive and will allow the City to maintain this revenue stream of $100,000 to $120,000 per year. 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 Ordinance 19-22. 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. RESOLUTION 19-96: AUTHORIZE REIMBURSEMENT OF FUNDS TO WVC  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -11- INDUSTRIAL, LLC FOR EARTHWORK AND GRADING ON 2540 SOUTH Mayor Bigelow discussed proposed Resolution 19-96 that would authorize reimbursement of funds to WVC Industrial, LLC for earthwork and grading on 2540 South. Written documentation previously provided to the City Council included information as follows: West Valley City has hired a contractor to construct the extension of 2540 South from 7200 West to 6200 West. The construction of this road between 6400 West and 6200 West cannot be completed until utilities are installed by the adjoining property owner/developer (WVC Industrial LLC). The utilities in this segment of roadway cannot be installed until roadway fill dirt has been placed. The Public Works Department determined it to be in the best interest of the city to enter into a reimbursement agreement with WVC Industrial LLC. Reimbursable work includes earthwork (cut and fill), the removal of existing trees and capping existing water wells in the road right of way. Reimbursement to WVC Industrial LLC totals $280,164. The road is being funded through State and County transportation funds. It is anticipated that the road construction will be completed in fall 2019. 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 19-96. 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 Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -12- CONSENT AGENDA A. RESOLUTION 19-97: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM RYAN MATTICE FOR PROPERTY LOCATED AT 3719 SOUTH LEE MAUR STREET (2740 WEST) Mayor Bigelow discussed proposed Resolution 19-97 that would authorize the City to enter into an Easement Purchase Agreement and accept a Perpetual Easement and Temporary Construction Easement with and from Ryan Mattice for property located at 3719 South Lee Maur Street (2740 West). Written documentation previously provided to the City Council included information as follows: This portion of the Ryan K. Mattice parcel located at 3719 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. As part of the project, access to 2700 West will be eliminated and replaced with an eight- foot-tall post and panel wall. The acquisition from Ryan K. Mattice includes a Perpetual Easement for the wall and for a Grant of Temporary Construction Easement. Compensation in the amount of $19,000.00 was negotiated based upon an Appraisal Report prepared by the Albert L. Jager ordered through the office of the Utah Property Rights Ombudsman and mediation through that office. 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 19-97. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 13, 2019 -13- Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. MOTION TO ADJOURN Upon motion by Councilmember Christensen, all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, AUGUST 13, 2019 WAS ADJOURNED AT 8:12 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, August 13, 2019. _______________________________ Nichole Camac, CMC City Recorder