City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 17, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 17, 2019, AT 6:33 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 Steve Pastorik, Acting 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 noted that today is Constitution Day. He indicated he wasn’t born in this Country but had the privilege of watching his father earn citizenship. He stated that it was something he was proud to see, doesn’t take for granted, and is something important that he instills in his children as well. Councilmember Fitisemanu stated that living in the United States and enjoying the MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 17, 2019 -2- privileges that entails is deeply valued by his family. He invited Pastor Rob from Trinity United Methodist Church to open the meeting with an invocation. APPROVAL OF MINUTES OF REGULAR MEETING HELD SEPTEMBER 10, 2019 The Council considered the Minutes of the Regular Meeting held September 10, 2019. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held September 10, 2019. Councilmember Buhler seconded the motion. A voice vote was taken and all members voted in favor of the motion. AWARDS, CEREMONIES AND PROCLAMATIONS A. BUDGET AWARD FOR FY 2017-2018 Kim Coleman, GFOA, presented the Finance Department with a budget award. He indicated that this is the 28th consecutive year the City has received it. COMMENT PERIOD A. PUBLIC COMMENTS Alan Neumann stated that the Council will be taking a vote about 100% renewable energy through Rocky Mountain Power in the coming weeks. He stated that staff is currently taking a look at this and he would encourage the Council to approve it when it comes through. Mike Markham stated that there is a property that is not being maintained in his neighborhood. He stated that there are a lot of dead shrubs and weeds which was a significant fire hazard over the summer. He indicated that he was told the property owner was given notice. David Ormand stated that people don’t move into bad neighborhoods but indicated that he has had issues with Code Enforcement. He indicated that he doesn’t have grass in his front yard but doesn’t feel that this is feasible for many reasons. Mr. Ormand stated that he attended court the previous day and is frustrated that the judge, Layne Morris, is also the director of Code Enforcement. He indicated that he feels a judge should be impartial and this is his 14th amendment right. Mr. Ormand stated that he feels his rights are being trampled on. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 17, 2019 -3- Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS B. ACCEPT PUBLIC INPUT REGARDING ENACTING A TEMPORARY LAND USE REGULATION APPLICABLE TO ALL ORDINANCE TEXT CHANGE APPLICATIONS TO TITLE 7 (ZONING ORDINANCE) AND TO ALL ZONE CHANGE REQUESTS TO THE RM (MULTIPLE UNIT DWELLING RESIDENTIAL) ZONE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 17, 2019, in order for the City Council to hear and consider public comments regarding enacting temporary land use regulation applicable to all ordinance text change applications to Title 7 (zoning ordinance) and to all zone change requests to the RM (multiple unit dwelling residential) Zone. Written documentation previously provided to the City Council included information as follows: The City Council has recently seen several ordinance text change requests, especially for Section 7-5-101, which outlines the conditions required to be eligible to apply for a zone change to the RM zone. The Council has also recently seen several zone change requests to the RM zone. The Council has expressed interest in reevaluating the areas where RM zoning would be appropriate as well as other related land use regulations. The City is authorized to enact temporary land use ordinance by U.C.A. § 10-9a-504, which allows a temporary land use regulation to be in effect for up to six months. Mayor Bigelow opened the Public Hearing. Steve Lovell stated he represents a property owner who owns land off 5600 West. He indicated that his client has been working on this project for over 10 months. Mr. Lovell stated that over 80% of the property is currently zoned RM but there is a small piece in the middle that is zoned ‘R-1-10’. He stated that the intent would be to rezone the front portion to C-2 for a potential hotel and the remaining RM portion would be townhome units. Mr. Lovell stated that it has taken so long to work through the process because there have a been a number of challenges with the property but added that the overall RM portion will be reduced. He indicated that this property is unique and would encourage the Council to narrow the scope of the moratorium to a specific threshold. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 17, 2019 -4- Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 19-38, ENACT A TEMPORARY LAND USE REGULATION REGARDING AMENDMENTS TO TITLE 7 OF THE WEST VALLEY MUNICIPAL CODE AND THE REZONING OF PROPERTY WITHIN THE CITY The City Council previously held a public hearing regarding proposed Ordinance 19-38 that would enact a temporary land use regulation regarding amendments to Title 7 of the West Valley Municipal Code and the rezoning of property within the City. Councilmember Buhler thanked Mr. Lovell for his comments. He stated that when any action like this is considered, there are many different projects that can be impact at all different stages in the process. He stated that it’s important for the City to have plans that look into the future. Councilmember Buhler stated that he feels it’s important for the Council to take a moment to catch their breath, evaluate the mix of zoning requests coming forward, ensure services are being provided for high density in the appropriate location and manner, and figure things out in an effective way. He stated that the moratorium may not last the full 6 months, and the Council may choose not to change anything after examining the current code. Councilmember Fitisemanu agreed and noted that the moratorium is temporary. 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 19-38 subject to Alternative 2. Councilmember Fitisemanu seconded the motion. Mayor Bigelow stated that the Council often hears of projects that are being planned or of concepts that might come through but there are never any guarantees of what will come forward. He indicated that nothing is certain until it’s finalized. Mayor Bigelow noted that many Cities are seeing requests for high density projects, which isn’t a bad thing, but it’s important for the Council to step back and see if the Code is where the City wants it to be. He indicated that staff is very good at providing information for the Council to evaluate and he feels that the Council will be able to move forward soon. A roll call vote was taken: MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 17, 2019 -5- Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh No Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Majority. PROPERTY OWNER COMMENT OPPORTUNITY ON PROPOSED TAKING Mayor Bigelow opened a comment period for the property owner. Justin Matkin, Attorney representing the Audie Leventhal Irrevocable Trust, stated that he specializes in eminent domain. Mr. Matkin stated that Mr. Leventhal purchased this property when it was a dental office and in 2014, entered into an agreement (at the request of the City) to demolish the existing buildings in anticipation of development. He stated that Mr. Leventhal spent several years attempting to develop the property into a memory care facility but was unable to come to an agreement with the City on the number of stories. Mr. Matkin stated that nothing has happened over the last few years which is likely why the City has taken the action it has. He indicated that this is a prime piece of property that is currently for sale under zoning that would allow high density housing in the City Center, a popular commodity. Mr. Matkin stated that the property owner can’t move forward with potential sales when there is a blight on the property with the City potentially condemning it. He indicated that City Council’s don’t condemn property because they want to, they do it because they have to. Mr. Matkin stated that the City’s appraisal is around 1.8 million but if the City and Mr. Leventhal enter into litigation, this will only be one piece of evidence. He stated that Mr. Leventhal has his own piece of evidence and believes the appraisal is actually many times that estimated amount. Mr. Matkin provided various examples of other eminent domain incidents across the County he has been involved in. He indicated that the City has an idea of a 3-acre park but noted that he feels this is a “budget busting” decision. He stated that if everything goes according to the City’s plan, the City will end up paying 2 million dollars for a park. Mr. Matkin indicated that he believes the property is worth 6- 8 million dollars and the City will take the risk of paying that amount if a lawsuit is lost. He noted that if the City changes their mind, they will be responsible for his and any other attorney fees. Mr. Matkin indicated that if the City wants to sell the property in the future, they must offer the right of first refusal to Mr. Leventhal. He indicated that Mr. Leventhal is willing to sell the property to the City at an agreed upon market rate or would respectfully ask the Council to let him sell it. He noted that the City is basically suing a property owner simply because he owns property in the City. Scott Reynolds stated that he markets the property for Mr. Leventhal. He indicated that several developers have reached out over the past several months with interest in developing multi-family/high density. Mr. Reynolds stated that Mr. Leventhal wants to MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 17, 2019 -6- work with the City but potential buyers don’t want to begin any process knowing there is a possible condemnation. Mr. Reynolds distributed a marketing project (attached to minutes) that was created by an architect who created the mock up according to the zoning. He stated that the architect came up with a large 324 unit project with a parking garage. Mr. Reynolds noted that he believes the property would sell for 6-8 million dollars, there is great value in the land, and developers want to develop here. ACTION: RESOLTUION 19-116: AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, ALL PROPERTY INTERESTS FROM THE AUDIE G. LEVENTHAL IRREVOCABLE TRUST FOR PROPERTY LOCATED AT APPROXIMATELY 2940 WEST 3650 SOUTH IN WEST VALLEY CITY, PARCEL NUMBERS 15-33-128-044, 15-33-128-015 AND 15-33-128-035 Mayor Bigelow discussed proposed Resolution 19-116 that would authorize the City to acquire, by negotiation or condemnation, all property interests from the Audie G. Leventhal Irrevocable Trust for property located at approximately 2940 West 3650 South in West Valley City, parcel numbers 15-33-128-044, 15-33-128-015 and 15-33-128-035. Written documentation previously provided to the City Council included information as follows: The City has attempted to negotiate the purchase of the property owned by Leventhal because the Property currently owned by Leventhal is needed to complete and extend Promenade Park. As discussed below, negotiations thus far have failed and, therefore, condemnation may be necessary to complete the acquisition. The City has attempted to negotiate the purchase of property from Leventhal for several years. It appears the City and Leventhal may reach an impasse. The City will continue to negotiate until the last possible day, but this resolution will be necessary if there is no agreement. Councilmember Buhler stated that the City doesn’t enter into these actions lightly. He noted that he can only recall one other time, in his 10 years on the Council, that the City has had to begin with these proceedings. Councilmember Buhler noted that the City also had to use this method with Toys R Us in condemning their lease. He stated that the City has been trying to negotiate with Mr. Leventhal for years and is surprised that he now suddenly seems motivated to do something. He indicated that approving this resolution doesn’t necessarily mean condemnation, but it does give staff the ability to negotiate further or move forward as necessary. 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 – SEPTEMBER 17, 2019 -7- Councilmember Buhler moved to approve Resolution 19-116. Councilmember Christensen seconded the motion. Mayor Bigelow stated that the Council can’t deal with possible proposals but have to deal with what is directly in front of them. He indicated that there is a long history that led to this point. Mayor Bigelow stated that people can come forward and make statements with what might be, could be, etc. but the he can only make decisions based on where things are now and what has happened to this point. Councilmember Christensen stated that he recalls that the property was cleared at the City’s request as the buildings were becoming derelict and noted that the City helped pay part of the demolition costs. He indicated that the property has remained vacant because the property owner’s proposals didn’t meet requirements of the City Center zoning. Councilmember Christensen stated that the memory care facility was a great proposal, but it still needed to meet the City’s standards. He added that he doesn’t know why the property is suddenly so much more valuable. Mayor Bigelow stated that value is sometimes not determined by dollar value but what it does for the city as an entity over a period of decades. He indicated that green space is critical to the health and well-being of the community and he feels a park will make a good impact here. Mayor Bigelow stated that the discussion here today has made him more certain that the City is taking the right course with this action. 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 19-122: AUTHORIZE THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE UTAH ATTORNEY GENERAL'S OFFICE Mayor Bigelow discussed proposed Resolution 19-122 that would authorize the City to enter into a Memorandum of Understanding with the Utah Attorney General's Office. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 17, 2019 -8- Written documentation previously provided to the City Council included information as follows: The effective investigation and prosecution of individuals involved in Human Trafficking, the Production and Distribution of Fraudulent Government Documents, and other major felony crimes involving undocumented residents requires specialized personnel. This MOU designates one West Valley City Police Department officer to the SECURE Task Force for 2-4 days a month and is funded by the UAG. The West Valley City Police Department currently investigates violations of Utah criminal law by human traffickers, fraudulent government document manufacturers/distributors, and/or undocumented residents. By assisting SECURE, WVCPD will benefit from joint operations, investigative support and extensive training opportunities. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Huynh moved to approve Resolution 19-122. Councilmember Christensen seconded the motion. Councilmember Fitisemanu asked if this is a new assignment. Wayne replied that the City participates in these actions when possible, but this agreement will provide recompense. 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 19-123: AUTHORIZE THE EXECUTION OF AMENDMENT NO. 1 TO AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND SALT LAKE COUNTY FOR FUNDING FOR CERTAIN TRANSPORTATION PROJECTS Mayor Bigelow discussed proposed Resolution 19-123 that would authorize the execution MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 17, 2019 -9- of Amendment No. 1 to an Interlocal Cooperation Agreement between the City and Salt Lake County for funding for certain transportation projects. Written documentation previously provided to the City Council included information as follows: The Public Works Department applied for and was awarded $27,500 with a $2,500 match for the CATNIP fund. The money will be used to improve striping and signing for existing bike lane facilities in the City. Salt Lake County agreed to an extension of this agreement through December 2019. The City has several bike lane facilities designated on the City bike plan that do not meet current striping and sign standards. The Public Works Department applied for CATNIP funds to address some the deficiencies. 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 19-123. 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 19-124: APPROVE THE PURCHASE OF BRINING EQUIPMENT FROM SEMI SERVICE, INC. Mayor Bigelow discussed proposed Resolution 19-124 that would approve the purchase of the Brining Equipment from Semi Service, Inc. Written documentation previously provided to the City Council included information as follows: The City has selected State contract holder (MA2793) Semi Service Inc to supply the City with one (1) Henderson Brine Xtreme Pro Advantage and one (1) BrineX MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 17, 2019 -10- Truck Fill Station. Public Works will use the automated brine machine and fill station heavily during the winter months pretreating the roads to keep them free of bonded ice. Number of Type of Vehicle Cost Per Machines Vehicle 1 Henderson Brine Xtreme Pro $46,752.78 Advantage 1 BrineX Truck Fill Station $22,271.13 TOTAL $69,023.91 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 19-124. Councilmember Huynh 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. MOTION TO ADJOURN Upon motion by Councilmember Huynh, all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, SEPTEMBER 17, 2019 WAS ADJOURNED AT 7:35 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, September 17, 2019.  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 17, 2019 -11- _______________________________ Nichole Camac, CMC City Recorder