City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – AUGUST 11, 2020 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, AUGUST 11, 2020, AT 6:32 P.M. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE MEETING WAS HELD ELECTRONICALLY. THE FOLLOWING MEMBERS WERE PRESENT ELECTRONICALLY: 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 ELECTRONICALLY: 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 Kent Stokes, 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 INSIDE THE POLICE DEPARTMENT VIDEO SERIES A video providing information about the Police Department was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD JULY 28, 2020 The Council considered the Minutes of the Regular Meeting held July 28, 2020. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 11, 2020 -2- Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held July 28, 2020. 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 West Valley City Police Department follows CALEA Standards which are higher and greater than most policing standards in the Country. Mr. Vesock stated that he appreciated the Property Watch presentation in the Study Meeting and noted that it was quick and easy to sign up for. He indicated that he feels lightbars on the Code Enforcement vehicles instill fear into the community. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING THE BUDGET OF WEST VALLEY CITY FOR THE FISCAL YEAR 2020-2021 Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 11, 2020, in order for the City Council to hear and consider public comments regarding the budget of West Valley City for the Fiscal Year 2020-2021. 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 2020-2021. Jim Welch provided the annual budget presentation. Mayor Bigelow opened the Public Hearing. Matt MacPherson stated that he knows the Police Department makes up the largest hunk of the City’s budget. He indicated that it is very important for Cities to have a strong Police Force and noted that West Valley City has greatly reformed its’ department into a successful organization. Mr. MacPherson stated that he is proud MINUTES OF COUNCIL REGULAR MEETING – AUGUST 11, 2020 -3- of the West Valley City Police Department and stated that the City needs to get serious about fighting crime. He indicated that he feels more officers are needed, more patrol units should be active at all times, and more officers should be on duty for the number of citizens in West Valley City. Jim Vesock stated that he agrees completely with the previous comment and stated that he does not support defunding the Police Department. He noted that he would caution the City against dipping into its “rainy day” funds. Cliff Chase stated that he has been a resident of West Valley City for 26 years and was a Police Officer with the City for 20 years. He indicated that he is here to voice his support for the Police Department and to express his concern and opposition to protests and requests calling to defund the Police Department. Mr. Chase expressed concern about interviews he has seen from protestors and indicated that many of them do not live or work in West Valley City and have alternative agendas and political tactics. He indicated that the City needs more funding and more officers and stated that the Department is one of the busiest in the State. Mr. Chase discussed crime rates in West Valley City as they compare to other communities. He indicated that he has seen progress the City has made and noted that he has confidence in the City to do what is best for the citizens of the community and leave the Police Budget intact. Mayor Bigelow closed the Public Hearing. ACTION: RESOLUTION NO. 20-123, ADOPT A FINAL BUDGET; MAKE APPROPRIATIONS FOR THE SUPPORT OF WEST VALLEY CITY FOR THE FISCAL YEAR BEGINNING JULY 1, 2020 AND ENDING JUNE 30, 2021; AND DETERMINE THE RATE OF TAX AND LEVYING TAXES UPON ALL REAL AND PERSONAL PROPERTY WITHIN WEST VALLEY CITY, UTAH, TAXABLE BY LAW FOR THE YEAR 2020 The City Council previously held a public hearing regarding proposed Resolution 20-123 that would adopt a final budget; make appropriations for the support of West Valley City for the Fiscal Year beginning July 1, 2020 and ending June 30, 2021; and determine the rate of tax and levying taxes upon all real and personal property within West Valley City, Utah, taxable by law for the year 2020. Councilmember Fitisemanu stated that members of City staff and the City Council have been getting many emails and phone calls regarding the budget and how it applies to the Police Department. He stated that the West Valley City Council is not increasing the budget for the Police Department and is not looking to militarize or increase the number of personnel. He noted that no more new officers are being added at this time, even though the population continues to grow in West Valley MINUTES OF COUNCIL REGULAR MEETING – AUGUST 11, 2020 -4- City. Councilmember Fitisemanu stated that the City has many programs that work to better the community and often work hand in hand with the Police Department. He indicated that there are CDBG grants offered, Opportunity Scholarship programs to help first generation college students, Mental Health partnerships and court systems, Operation Hometown, etc. He stated that these types of programs are not reactionary to recent concerns expressed by the greater population but have been City initiated, long lasting, and long acting efforts to establish a healthy, safe City. Councilmember Fitisemanu stated that he supports the right of all residents to express their opinion and he agrees that he would like to continue increasing funding and supporting these types of programs. He thanked all residents who have contacted him with concerns or support and those that spoke during tonight’s Public Comment. He indicated that he would like to see COP expand, more complimentary programs, and a continued improvement in West Valley City. Councilmember Buhler thanked Councilmember Fitisemanu for his comments. He noted that there are many older programs and some that are new. He stated that these programs work to increase and improve a sense of community and stop crime before it happens. Councilmember Buhler stated that the City has a well-trained, accredited Police Department and he is proud of the work that is done. He added that he is thankful there is no tax increase this year despite the economic scare that 2020 has brought to the Country. Councilmember Huynh stated he supports the budget but doesn’t want to raise taxes to pay for the judgment levy. He indicated that he feels this is wrong to do in the middle of a pandemic. Mayor Bigelow stated that the Police Department operates in a constantly changing environment. He stated that providing victim and mental health services are now important and they may not have been as needed 50 years ago. He indicated that Police Officers may look more “military” because they must wear bullet proof vests today and they have bigger weapons because criminals do too. Mayor Bigelow stated that we place a great responsibility on our Police Officers as a society and ask them to deal with people who are violent and who may, on any given day, take their lives. He noted that sometimes action may result in loss. Mayor Bigelow stated that training grows and evolves as society changes. He indicated that this training costs money. He indicated that not everyone will be honest, obey the law, and be a good member of society. Mayor Bigelow stated that we cannot judge a Police Officer for the action of another just as we cannot judge a protestor for the action of another. Councilmember Huynh agreed but stated that his concern is raising taxes He indicated that he feels the judgment levy should be paid from the general fund.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 11, 2020 -5- Wayne thanked the Council for their support regarding the budget and their support of the Police Department. He indicated that there is no tax increase this year, just a judgment levy. He indicated that the City is prepared for the long months ahead and is ready to take on challenges that may come. Mayor Bigelow explained that a judgment levy is simply restoring the tax rate to its original level after the County’s automatic built in decrease. He indicated that the City will not collect any more money from citizens on taxes with the exception of new homes or businesses. Mayor Bigelow stated that this should be seen as an adjustment, not a tax increase. Councilmember Huynh stated that he doesn’t feel this is a good time. Mayor Bigelow stated that cutting funding would mean cutting services. He agreed it is a challenging situation. 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 20-123. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh No Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Majority. RESOLUTION 20-124: APPROVE THE AMENDMENT NO. 1 TO THE AMPHITHEATER EVENT MANAGEMENT AGREEMENT BETWEEN THE CITY AND PRISTINE ALPINE ENTERTAINMENT Mayor Bigelow discussed proposed Resolution 20-124 that would approve an Interlocal Cooperation Agreement between West Valley City and Salt Lake County for acquisition of the swimming pool at Centennial Park. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 11, 2020 -6- Under the Amphitheater Event Management Agreement, PAE is required to make an annual payment of $75,000 to the City for services performed by the City in connection with events at the USANA Amphitheater. Due to the COVID-19 pandemic and associated closures and cancellations, PAE has been unable to hold events at the USANA Amphitheater, resulting in a large decrease in revenue and a reduction in PAE’s need for City services. This amendment would cancel PAE’s annual $75,000 payment for 2020. 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 20-124. 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 Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 20-125: APPROVE THE 2019 SALT LAKE COUNTY MULTIJURISDICTIONAL HAZARD MITIGATION PLAN Mayor Bigelow discussed proposed Resolution 20-125 that would approve the 2019 Salt Lake County Multijurisdictional Hazard Mitigation Plan. Written documentation previously provided to the City Council included information as follows: The Hazard Mitigation Plan identifies mitigation goals and actions to reduce or eliminate long term risk to people and property in West Valley City from impacts of future hazards and disasters. The Hazard Mitigation Plan is a requirement of the Federal Emergency Management Agency for all State, County and Local communities. The plan which  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 11, 2020 -7- we have is a plan which was developed with Salt Lake County and all cities within the County. The current plan has been reviewed by the State and FEMA and meets all the needed requirements. 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 20-125. 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 Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA SCHEDULED FOR AUGUST 11, 2020 A. RESOLUTION 20-126: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM BRANDON MCGEE FOR PROPERTY LOCATED AT 3006 WEST WHITEHALL DRIVE Mayor Bigelow discussed proposed Resolution 20-126 that would authorize the City to enter into a Right of Way Purchase Agreement and accept a Warranty Deed and Temporary Construction Easement with and from Brandon McGee for property located at 3006 West Whitehall Drive. Written documentation previously provided to the City Council included information as follows: The Brandon McGee property is one of several properties affected by the required removal and replacement of pedestrian ramps to meet current ADA standards as part of the 2020 Asphalt Overlay Project. As part of this project several City streets will be overlaid full width. Any existing ADA ramps  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 11, 2020 -8- which do not comply with the current standards and regulations must be removed and replaced. The Warranty Deed and the Grant of Temporary Construction Easement will facilitate construction of the project. Compensation in the amount of $400.00 was negotiated based upon an appraisal reports prepared by Integra Realty Resources for other properties in the neighborhood. B. RESOLUTION 20-127: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM CORY FUGIT FOR PROPERTY LOCATED AT 3044 WEST WHITEHALL DRIVE Mayor Bigelow discussed proposed Resolution 20-127 that would authorize the City to enter into a Right of Way Purchase Agreement and accept a Warranty Deed and Temporary Construction Easement with and from Cory Fugit for Property Located at 3044 West Whitehall Drive. Written documentation previously provided to the City Council included information as follows: The Cory Fugit property is one of several properties affected by the required removal and replacement of pedestrian ramps to meet current ADA standards as part of the 2020 Asphalt Overlay Project. As part of this project several City streets will be overlaid full width. Any existing ADA ramps which do not comply with the current standards and regulations must be removed and replaced. The Warranty Deed and the Grant of Temporary Construction Easement will facilitate construction of the project. Compensation in the amount of $400.00 was negotiated based upon an appraisal reports prepared by Integra Realty Resources for other properties in the neighborhood. C. RESOLUTION 20-128: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM SAVANNA ROCHE FOR PROPERTY LOCATED AT 3991 SOUTH HIALEAH ROAD Mayor Bigelow discussed proposed Resolution 20-127 that would authorize the City to enter into a Right of Way Purchase Agreement and accept a Warranty Deed and Temporary Construction Easement with and from Savanna Roche for Property Located at 3991 South Hialeah Road.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 11, 2020 -9- Written documentation previously provided to the City Council included information as follows: The Savanna Mariah Roche property is one of several properties affected by the required removal and replacement of pedestrian ramps to meet current ADA standards as part of the 2020 Asphalt Overlay Project. As part of this project several City streets will be overlaid full width. Any existing ADA ramps which do not comply with the current standards and regulations must be removed and replaced. The Warranty Deed and the Grant of Temporary Construction Easement will facilitate construction of the project. Compensation in the amount of $400.00 was negotiated based upon an appraisal reports prepared by Integra Realty Resources for other properties in the neighborhood. 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 items on the Consent Agenda. 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. 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, AUGUST 11, 2020 WAS ADJOURNED AT 7:26 P.M. BY MAYOR BIGELOW.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 11, 2020 -10- 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 11, 2020. _______________________________ Nichole Camac, CMC City Recorder