City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN STUDY SESSION ON TUESDAY, MAY 1, 2018, AT 4:30 P.M. IN THE MULTI-PURPOSE ROOM, 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 (arrived as noted) Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne Pyle, City Manager Nichole Camac, City Recorder Paul Isaac, Assistant City Manager/HR Director Steve Pastorik, Acting CED Director Eric Bunderson, City Attorney Colleen Jacobs, Police Chief John Evans, Fire Chief Jim Welch, Finance Director Layne Morris, CPD Director Russ Willardson, Public Works Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department Jody Knapp, CED Jason Erekson, Parks and Recreation David Moss, CPD Brandon Hill, Legal Jerry Thompson, CED APPROVAL OF MINUTES OF STUDY MEETING HELD APRIL 24, 2018 The Council considered the Minutes of the Study Meeting held April 24, 2018. There were no changes, corrections or deletions.  MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -2- Councilmember Buhler moved to approve the Minutes of the Study Meeting held April 24, 2018. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDA’S FOR REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY, HOUSING AUTHORITY, AND MUNICIPAL BUILDING AUTHORITY MEETING’S OF MAY 1, 2018 Upon inquiry by Mayor Bigelow, members of the Council had no further questions or concerns regarding items listed on the Agenda for the Regular City Council, Redevelopment Agency, Housing Authority, and Municipal Building Authority Meeting’s scheduled later this night. Councilmember Lang arrived at 4:31 PM. PUBLIC MEETINGS SCHEDULED FOR MAY 8, 2018 A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-5-2017, FILED BY WEST VALLEY CITY, REQUESTING AN ORDINANCE AMENDMENT TO CHANGE THE USE TABLES THAT OUTLINE THE PERMITTED, CONDITIONAL, AND PROHIBITED USES BY ZONE; ADD TRIGGERS TO DETERMINE WHERE CERTAIN IMPROVEMENTS ARE REQUIRED; AND MAKE OTHER TECHNICAL CHANGES TO TITLE 7 Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled May 8, 2018, in order for the City Council to hear and consider public comments regarding application ZT-5-2017, filed by West Valley City, requesting an Ordinance Amendment to change the use tables that outline the Permitted, Conditional, and Prohibited Uses by Zone; Add Triggers to Determine Where Certain Improvements are Required; and Make Other Technical Changes to Title 7. Proposed Ordinance 18-13, related to the proposal to be considered by the City Council subsequent to the public hearing, were discussed as follows: ACTION: ORDINANCE NO. 18-13, AMEND SECTIONS 7-1-103, 7-2-114, 7- 2-115, 7-2-118, 7-6-201, 7-6-202, 7-6-203, 7-6-204, 7-6-209, 7-6-301, 7-6-303, 7- 6-307, 7-6-310, 7-6-405, 7-6-406, 7-7-101, 7-7-115, 7-7-126, 7-8-103, 7-8-104, 7- 9-105, 7-9-114, 7-10-204, 7-11-202, 7-11-206, 7-12-106 AND 7-13-511 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN DESIGN STANDARDS AND TO MAKE RELATED AND TECHNICAL MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -3- CHANGES TO THE WEST VALLEY CITY MUNICIPAL CODE Steve Pastorik, CED, discussed proposed Ordinance 18-13 that would amend Sections 7-1-103, 7-2-114, 7-2-115, 7-2-118, 7-6-201, 7-6-202, 7-6-203, 7-6-204, 7-6- 209, 7-6-301, 7-6-303, 7-6-307, 7-6-310, 7-6-405, 7-6-406, 7-7-101, 7-7-115, 7-7-126, 7-8-103, 7-8-104, 7-9-105, 7-9-114, 7-10-204, 7-11-202, 7-11-206, 7-12-106 and 7- 13-511 of the West Valley City Municipal Code to amend certain design standards and to make related and technical changes to the West Valley City Municipal Code. Written documentation previously provided to the City Council included Information as follows: Staff is recommending a zoning ordinance amendment to change the use tables that outline the permitted, conditional and prohibited uses by zone; add triggers to determine when certain improvements are required and make other technical changes to Title 7. A summary of all the changes is included with this report. In April of this year, the City Council adopted an ordinance to repeal and reenact Title 7. As staff has administered the new code several needed corrections were discovered. As an example, there were certain provisions that were inadvertently left out. These corrections are the technical changes mentioned above. In addition to these corrections, there are also changes proposed to regulations. The three most significant changes are changing specified conditional uses to permitted uses, adding triggers to determine when certain improvements are required and amending home child care standards to match State code. The use of conditional use permits by municipalities is coming under increased scrutiny at the State level. To avoid the unnecessary use of a conditional use permit, staff conducted a comprehensive review of all listed conditional uses by zone and focused on those that were most likely to have significant detrimental effects on neighboring properties. As a result, many uses are now only conditional if they are next to a residential use, residential zone or agricultural zone. Lights, odors and noises from a tire shop or restaurant are more impactful on a neighboring residential use than a neighboring commercial use. With fewer conditional uses, staff was concerned about the City’s ability to bring older nonconforming sites (not uses) that are nonconforming as to things like screening and landscaping into compliance with current standards. To address this concern, staff is proposing three triggers that would require certain improvements be made to nonconforming sites.  MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -4- After receiving input from home child care providers, the Council directed staff to amend the home child care standards to match State code. Mayor Bigelow clarified that a conditional use can be brought back for review if the conditions are not being satisfied effectively. Steve replied yes. Councilmember Fitisemanu clarified that even if a business is passed to a family member, it still constitutes a change of management. Steve replied yes. Upon inquiry, there were no further questions or concerns expressed by members of the City Council. The City Council will consider Ordinance 18-13 at the Regular Council Meeting scheduled May 8, 2018, at 6:30 P.M. ORDINANCE 18-14: AMEND SECTION 16-5-101 OF THE WEST VALLEY CITY MUNICIPAL CODE TO ADOPT THE 2017 EDITION OF THE NATIONAL ELECTRICAL CODE Jerry Thompson, CED, presented proposed Resolution 18-14 that would amend Section 16-5-101 of the West Valley City Municipal Code to adopt the 2017 Edition of the National Electrical Code, Written documentation previously provided to the City Council included information as follows: Every three years revised editions of the electrical code, which is adopted by the State of Utah as the minimal building standards for all buildings within our State, must be adopted by local municipalities to replace the older electrical codes that is considered obsolete. The building codes are living documents which are subject to revision at annual code development hearings in a national forum. The results of those hearings are published every three years in revised editions. In order to comply with the actions of the State Legislature, and current State law, it is necessary to replace the 2014 editions of the National Electrical Code by adopting the 2017 editions of said code. The City Council will consider Ordinance 18-14 at the Regular Council Meeting scheduled May 8, 2018, at 6:30 P.M. RESOLUTION 18-53: AUTHORIZE THE PURCHASE OF TWO MOWERS AND RELATED ACCESSORIES FROM STOTZ EQUIPMENT COMPANY Jason Erekson, Parks and Recreation, presented proposed Resolution 18-53 that authorize  MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -5- the purchase of two mowers and related accessories from Stotz Equipment Company. Written documentation previously provided to the City Council included information as follows: New mowers are needed to replace old units that are worn out and having numerous maintenance issues. The Park Maintenance Division can no longer depend on them to perform daily mowing and snow removal activities. These pieces of equipment are used for mowing in the spring, summer and fall, and for snow removal in the winter. They are essential to the year-round maintenance of parks, trails and streetscapes. The Parks Maintenance Division has two John Deere Mowers that have been used year-round to perform maintenance duties such as mowing, sweeping and snow blowing. Being able to use these pieces of equipment allows the division to be more efficient in the year-round maintenance of many of the properties that are owned by the city. These existing units are 21 and 24 years old, and have become unreliable. When they break down it causes delays in mowing and/or snow removal. A program modification was approved for this purchase. New replacements can be purchased from Stotz Equipment Company using Utah state purchasing contract number MA2184 for the cost of $61,994.21. Upon inquiry, Jason Erekson clarified that the cost is completely covered in the current budget and an additional budget opening is not required. Jason briefly discussed the various mowers owned by the Parks Department and their uses. Councilmember Fitisemanu asked if the attachments are included with this purchase. Jason replied yes. Mayor Bigelow asked if a sweeper is included. Jason replied yes. The City Council will consider Resolution 18-53 at the Regular Council Meeting scheduled May 8, 2018, at 6:30 P.M. CONSENT AGENDA SCHEDULED FOR MAY 8, 2018 A. RESOLUTION 18-54: AUTHORIZE THE CITY TO ENTER INTO A RIGHT-OF-WAY CONTRACT WITH KENNETH WAYNE LOCKABY AND LINDA KATHRYN LOCKABY, TRUSTEES OF THE LOCKABY FAMILY TRUST DATED THE 19TH DAY OF JANUARY, 1996, AND TO ACCEPT A QUIT CLAIM DEED AND A TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 3957 SOUTH 6400 WEST (14-35-304-010) Mayor Bigelow discussed proposed Resolution 18-54 that would authorize the City  MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -6- to enter into a Right-of-Way Contract with Kenneth Wayne Lockaby and Linda Kathryn Lockaby, Trustees of the Lockaby Family Trust dated the 19th Day of January, 1996, and to accept a Quit Claim Deed and a Temporary Construction Easement for property located at 3957 South 6400 West (14-35-304-010). Written documentation previously provided to the City Council included information as follows: The Lockaby Family Trust parcel located at 3957 South 6400 West are among the properties affected by the 6400 West Utah and Salt Lake Canal Bridge Replacement Project, and the sixth of nine parcels for which the required acquisitions have been completed. This project will reconstruct the canal bridge on 6400 West at approximately 3980 South. The existing Lockaby Family Trust parcel extends to the centerline of the existing 6400 West. West Valley City is receiving a Quit Claim Deed for the entire 33- foot half width from the Lockaby Family Trust parcel, 2,644 square feet, of which 1,567 square feet is currently occupied by existing roadway improvements, which leaves a balance of 1,077 square feet for which the City is required to pay. A Temporary Construction Easement is also needed to facilitate construction of the project. Compensation for the purchase of the Quit Claim Deed, Temporary Construction Easement and improvements is $9,000.00 based upon the appraisal report prepared by Integra Realty Resources. The project is being funded under the Surface Transportation Program (STP) with federal funds. West Valley City executed the Federal Aid Agreement between UDOT and Federal Highways. The city is responsible 6.77% of all project costs, including right of way. The city’s portion of the matching funds on the project will be paid to UDOT. The total value of the Temporary Construction Easement is $9,000.00, making the West Valley City share of the easement $609.30. B. RESOLUTION 18-55: AUTHORIZE THE CITY TO ACCEPT A PUBLIC SIDEWALK, LIGHTING, AND UTILITY EASEMENT FROM REDWOOD PLAZA, LLC., A UTAH LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT APPROXIMATELY 3456 SOUTH REDWOOD ROAD Mayor Bigelow discussed proposed Resolution 18-55 that would authorize the City to accept a Public Sidewalk, Lighting, and Utility Easement from Redwood Plaza, LLC., a Utah Limited Liability Company, for property located at approximately 3456 South Redwood Road.  MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -7- Written documentation previously provided to the City Council included information as follows: Accept a Public Sidewalk, Lighting and Utility Easement from Redwood Plaza, LLC, a Utah limited liability company across property located at 3456 South Redwood Road. This easement is for the proposed Kim Long Market to be located at 3456 South Redwood Road. This project is subject to the requirements of the Redwood Road Overlay Zone which requires wider sidewalks and landscape frontage, along with decorative sidewalk lighting. As portions of the proposed sidewalk and lighting fall outside of the public right-of-way, a Public Sidewalk, Lighting and Utility Easement was required as a condition of approval for this project. Upon inquiry, there were no further questions or concerns expressed by members of the City Council. The City Council will consider Resolution 18-54 and 18-55 at the Regular Council Meeting scheduled May 8, 2018, at 6:30 P.M. COMMUNICATIONS A. JORDAN VALLEY WATER CONSERVANCY DISTRICT- LOCAL- SCAPE AND WATER CONSERVATION OPPORTUNITY PRESENTATION Bart Forsyth and Matt Olson, JVWCD, presented a PowerPoint presentation summarized as follows: - Drought Year Water Supply Plan (graph) o 2017 Water Supply Plan showing Bear River Project not needed until 2044 and how water conservation is necessary to meet future demand. o All of our planning is centered on achieving certain conservation goals (right now it’s 25% per capita reduction by 2025). o Not meeting these goals will require moving up big and expensive water projects. o The goal is to defer these projects for as long as we can. - Water conservation progress (graph) o This where we are and we have a great need to do more. o A new conservation goal of 30% is also under consideration to hedge against the potential impact of climate variability and change. - How to achieve water conservation MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -8- o Effective water conservation programs are based on three primary building blocks  Education – Demonstration gardens, Slow the Flow, Website, classes  Incentives – Rebates, awards, and grants  Regulations – Ordinances, watering restrictions, legislation o JVWCD and Member Agencies can facilitate programs based on education and incentives o Elected officials, cities, county, and the state are have the regulatory and land use jurisdiction authority. - The greatest potential for conservation is to target outdoor watering - How is the water really being used? o 60% outdoor o 40% indoor  Toilet 21.1  Leak 11.7  Shower 16.5  Faucet 16.5  Washer 14.2  Other 3.7  Bath 2.2  Dishwasher 1.0  Indoor Total 86.9 o Outdoor Total 131.5 - Discussed partnering with WVC, Granger Hunter - Member Agency Grant Program o To assist Member Agencies in implementing meaningful water conservation measures, projects, and programs. o $50,000  For Member Agencies with a perpetual water purchase contract and over 500 retail connections. o Plus $1 per acre foo  An additional $1 per acre-foot of water purchase contract volume - Granger-Hunter Improvement District Programs: o High efficiency toilet vouchers o Smart controllers for top 100 water users o Idea houses (landscape renovations) o Advanced Metering Infrastructure (smart water meters) o Calendars and public information campaign - Discussed It Pays to Save- programs and rebates MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -9- - Rollout plan o Programs rollout service area wide in May 2018 o It is separate from the Member Agency Grant program o JVWCD will administer the programs o There are no cost-sharing commitments o Member Agency may opt-out of individual programs o Member Agency may need to provide water use information to facilitate the selected programs - Discussed Landscaped Leadership Grants o Grants for commercial businesses, institutions, or H.O.A’s with the following project types:  Landscape renovation projects  New landscaping projects  Residential projects managed by a builder or developer.  Model home landscape installations or renovations.  Park strip lawn installation or conversion projects. o Funding amount are determined by water savings, cost effectiveness, prominence of, and the ability to promote water conservation in the community. o Recently approved by our board:  Taylorsville City’s Cabana Park  Modern water efficient neighborhood park. Grass in central shape, playground, pavilion, and plantings around perimeter  Riverton Jordan Academy for Technology and Careers  Water efficient demonstration garden for teaching career skills to high school kids - Water Efficient Landscaping Best Practices for Cities o The water conservation toolkit includes:  Best practices for city ordinances and development agreements  Best practices for irrigation and maintenance  An updated model landscape ordinance - Localscapes- landscape for where you live o We typically think of landscaping in Utah as either the traditional wall to wall grass or the other extreme the xeriscape look or zeroscapes as many here like to say. o Localscapes is a landscaping style that balances the benefits of both of these landscape styles and we believe it is the future of landscaping. - What do Utahns want? o Designed for Utah o Better Curb Appeal MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -10- o Easy to Understand o Increased Privacy o Phased Installation o Water Efficient o Improved Functionality o Lower Maintenance o Simplified Irrigation o Any Budget o The public wants many different things when it comes to their landscapes. o An ideal yards would meet all of these needs. o It’s was becoming more and more apparent that water efficiency alone was not enough to compel people to change. - All or nothing thinking/ the extreme landscapes (the localscapes spectrum) o Utahns tend to have an all or nothing thinking about landscapes  I can either have a traditional lawn-dominant landscape  I can have a “Zeroscape” (Xeriscape)  Utahn’s tend to turn the word Xeriscape into Zeroscape  Most people are afraid of a Xeriscape because it’s ugly o Localscapes is the middle ground  It is a moderate approach to waterwise landscaping  Lawn is still part of a Localscape and it ends up being one of its main features  Localscapes have high curb appeal and lower maintenance all at the same time  Displayed a picture of a localscape - What does it do for conservation? o 130,000 gallon annual water savings o For every 1 traditionally landscape, watered with overhead irrigation and following the typical homeowner use patterns, we can water 3 equal sized Localscapes. o The population of Utah will double over the next 50 years but the water supply can’t. Localscapes strikes a balance between the landscape preferences of Utahns and intelligent use of precious resources. - Localscapes university rewards o Program for residents in JVWCD’s service area, who have taken Localscapes University and are completing a Localscapes project within 1 year. o Free Review of Localscape design and planting plan. o Coupons from Localscapes Partners, when available. o Cash Rewards for completed Localscapes projects.  MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -11- - How you can help o Consider promoting the Utah Water Savers programs to your residents. o Consider reviewing and implementing Water Efficient Landscaping Best Practices for Cities  Includes best practices for landscape ordinances, development agreements, and maintenance guidelines o Most of our efforts have focused on the Education and Incentives portion of the water conservation planning. o Regulations are necessary to curb the spread of landscaping practices and installations that will be unsustainable in the future Mayor Bigelow stated that a lot of residents feel localscapes create additional maintenance. Matt Olson replied that Jordan Valley Water Conservancy District feels that overall, there is less maintenance involved for localscape landscapes. He indicated that the type of maintenance is different so may take time to adjust. However, he also stated that localscape maintenance is typically done in the Spring and Fall as opposed to all of Summer. Mayor Bigelow stated that weed cover, bark, mulch, etc. has been known to help reduce weeds. Matt agreed. Councilmember Buhler asked if the City will be looking at localscape options to incorporate in its ordinances. Wayne replied that he will follow up with staff on the current ordinance and any changes that are in process. Mayor Bigelow added that he would like to see options for City Parks as well. B. JORDAN VALLEY WATER CONSERVANCY DISTRICT- TAX INCREASE PRESENTATION Corey Rushton, JVWCD, presented a report summarized as follows: - Jordan Valley Water Conservancy District is proposing a property tax increase for its fiscal year 2018/2019 budget. Citizens will be able to attend a public hearing on the issue Wednesday, August 8, 2018, at 6:00 p.m. Questions and comments from the public are invited and encouraged. At right is a figure showing Jordan Valley Water’s revenue sources, of which property taxes make up 25 percent. The proposed increase in property tax revenue is estimated at $800,000 to $950,000, which would constitute an increase of 5% to 6%. This new revenue would result from increasing the projected certified tax rate (0.000379) to 0.0004. The table below shows estimated property tax increases based on a home or business value of $325,000.  MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -12- $325,000 HOME $325,000 BUSINESS Current annual tax $67.75 $123.18 Estimated new annual tax $71.50 $130.0 Difference per year $3.75 $6.83 Jordan Valley Water will properly provide notice of the public hearing and proposed tax increase amounts in newspapers and on the Utah Public Notice Website. Purposes for the additional tax revenue: Jordan Valley Water must develop and construct water supplies and infrastructure to keep pace with the needs of its rapidly-growing member cities and districts. Two examples for which the additional property tax will be used are: (1) The Central Water Project. Jordan Valley Water will annually receive 11,680 acre-feet of this new underground water supply through CUWCDa. To date, Jordan Valley Water has built its own $17 million 6-mile pipeline to receive the water, and is making annual payments of $11.7 million to CUWCD for its capital costs of this new supply. (2) Provo Reservoir Canal Enclosure Project increases Jordan Valley Water’s delivery capacity. Its portion of the cost is $39 million, with $25 million of future payments still to be paid through 2035. This project is necessary for Jordan Valley Water to obtain its 16,400 acre-feet of Strawberry Reservoir Water, beginning approximately 2027, and for increased summer water demand conveyance from the Provo River to its water delivery system. Upon inquiry by Councilmember Buhler and Mayor Bigelow, Mr. Rushton discussed projects, specific rates and reasoning for those rates, and the cost difference anticipated per households. Mr. Rushton stated that a new law requires that the City hold a Public Hearing regarding this proposed tax increase. Wayne stated that Legal will look into the City’s requirements. C. ORDINANCE UPDATE DISCUSSION- TITLE 11 Steve Pastorik discussed proposed changes to Title 11 summarized as follows: - Policy Changes o Section 11-1-104 MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -13-  Change: updates definitions for copy and temporary signs o Why: The change to the term “copy” clarifies that sign content is more than just wording. The change to temporary signs removes lower quality materials (paper and cardboard) as well as wall board that isn’t really a temporary type material.  Change: adds definitions for first story building face, banner sign, construction project sign, freeway-oriented billboard sign, freeway-oriented pole sign, grand-opening sign, permanent sign, new development sign, non-residential wall sign, residential construction sign, residential wall sign, and temporary non- commercial sign. o Why: These changes help staff administer the code by clearly defining these terms.  Change: defines permanent sign and adds permanent sign to the definition of the following signs: awning, billboard, electronic message, gasoline pump island canopy, illuminated, monument, permanent entry, pole, roof, and wall. o Why: At times businesses try to argue that what is really a temporary sign is their permanent business sign. This change will help staff articulate to businesses what is required to make their signs permanent. o Section 11-4-102  Change: removes references to projection of signs o Why: The current code allows walls to project into the right-of-way by two feet. Staff believes this provision is unnecessary. o Section 11-4-106  Change: adds discoloration caused by the removal of a wall sign as an enforceable offense o Why: This change will help cleanup older buildings that are reused with little or no reinvestment. o Section 11-4-109  Change: adds a bonus sign area for using one sign when more than one is allowed o Why: In staff’s view, allowing one larger sign in lieu of several smaller signs is less obtrusive.  Change: removes bonus sign area for signs in a landscaped area four times the area of the sign, signs in a commercial complex, signs with a unique overall design, signs relocated due to a governmental action, and wall signs MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -14- o Why: In staff’s view, these scenarios don’t justify a larger sign. o Section 11-5-102  Change: only allows permanent entry signs on sites with a pole or monument sign o Why: Permanent entry signs are intended to help direct traffic to and from a site and not serve as the primary sign.  Change: includes a maximum setback of 20’ from driveways for permanent entry signs o Why: Permanent entry signs are intended to help direct traffic to and from a site and should therefore be located near driveways. o Section 11-5-103  Change: prohibits additional signs for road widening construction for single unit dwellings, two unit dwellings, twin homes, three unit dwellings, and four unit dwellings o Why: In staff’s view, these uses do not need signage during road construction.  Change: adds 60 day time limitation to banner signs o Why: By definition, banners are supposed to be temporary signs. However, there are businesses that place banners on a site indefinitely. Hence, signs that are designed to be temporary, become permanent.  Change: removes exceptions for windows used to meet the Commercial Design Standards o Why: In staff’s view, all windows with signs should be subject to the window sign restrictions. - Technical Revisions o Title 11 General Revisions  Revision: capitalizes defined terms  Revision: consolidates sign types allowed by zone to a table  Revision: replaced poorly worded sentences  Revision: moves standards for specific sign types in Chapter 11-6 to Chapter 11-5 o Section 11-1-104  Revision: deletes definitions that aren’t used in Title 11: building line, front line building, director sign, interior sign, and park identification sign.  Revision: deletes definitions that are already covered in Title 7: commercial complex, Community Development Director, MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -15- landscaping, corner lot, structure, yard, front yard, rear yard, and side yard.  Revisions: places definitions in alphabetical order o Section 11-1-105 – Revision: requires Planning Commission review of sign code changes, which matches practice for at least the past 20 years o Section 11-2-106  Revision: removes references to hard copies for permit submittal  Revision: removes vague language for plan review standards  Revision: clarifies that building height and width information is needed on elevations o Section 11-2-109 – Revision: adds signs carried by a person and non- commercial banner signs to the list signs exempt from the regulations o Section 11-3-101 – Revision: updates the legal action section to match Title 7 o Section 11-3-102 – Revision: removes penalty references as these are now addressed in 11-3-101 o Section 11-3-103 – Revision: matches the appeal process with Title 7 o Section 11-4-110 – Revision: moves prohibited signs from temporary sign section to this section o Section 11-4-113  Revision: allows minimum required landscaping to count as sign landscaping  Revision: requires underground irrigation for sign landscaping o Section 11-5-102 – Revision: moves public necessity sign standards to this section o Section 11-5-103 – Revision: clarifies how the restriction on window signage is calculated o Section 11-5-104 – Revision: clarifies that monument sign setbacks are measured from any street o Section 11-5-107 – Revision: clarifies that pole sign setbacks are measured from any street Mayor Bigelow asked how much signage is allowed in a window of a business. Steve replied 50% and indicated that this is not proposed to change from the current standard. Councilmember Buhler asked what the difference between a sign and a mural is. The Council and staff debated and discussed issues and potential issues. Councilmember Buhler clarified regulations for temporary signage, banner signs, and the length of time a sign can remain on a building. Staff and the Council discussed issues with vehicle signs. Mayor Bigelow expressed concern about the amount of signage allowed for windows versus buildings. Councilmember Buhler  MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -16- indicated he is comfortable moving ahead with this cleanup but would like to discuss other issues in the sign ordinance. Mayor Bigelow stated he would like to re-evaluate the sign code as a whole in the coming months as well. D. VICIOUS CANINE ORDINANCE DISCUSSION Layne Morris presented a PowerPoint presentation summarized as follows: - Canine Aggression o 26,000 dogs – 208 Bites – 128 Attacks o Nature and/or Nurture o Territory established and defense o Pack membership behavior – defense and offence o Predator behavior toward prey species  Cats  Chickens  Sheep  Rabbits  Small dogs  Rats  Birds - Actions o Citation o Quarantine – Shelter or home o Seizure o Vicious dog hearing – bond o $45 impound fee $10/day 30 days Factors Mitigating Aggravating Previous complaints none one or more Victim behavior provoking, aggressive passive, unaware Seriousness of injury nip, small puncture torn flesh, shaking Number of bites one bite and release multiple and extended duration Location on own property escapes, public, or claimed territory Breed/size Chihuahua Pit Bull Nature/Nurture nature nurture Misdirection yes intentional or deliberate Vulnerable person no children, disabled, or elderly Owner control responsive and brought under control unresponsive and physically unable to control - West Valley City Code o 23-1-102 (35) Vicious Dog Means: MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -17-  a. Any dog which, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;  b. Any dog with a known propensity, tendency, or disposition to attack; to cause injury; or to otherwise endanger the safety of human beings or animals; or  c. Any dog which bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal on public or private property. o 23-5-103 ANIMALS ATTACKING PERSONS AND ANIMALS.  (1) Attacking animals. It shall be unlawful for the owner or person having charge, care, custody, or control of any animal to allow such animal to attack, chase, or worry any person, any domestic animal having a commercial value, or any species of hoofed protected wildlife, or to attack domestic fowl. "Worry," as used in this section, shall mean to harass by tearing, biting, or shaking with the teeth.  (2) Owner liability. The owner, in violation of subsection (1) above, shall be strictly liable for violation of this section. In addition to being subject to prosecution under subsection (1) above, the owner of such animal shall also be liable in damages to any person injured or to the owner of any animal(s) injured or destroyed thereby.  (3) Defenses. The following shall be considered in mitigating the penalties or damages or in dismissing the charge:  a. That the animal was properly confined on the premises.  b. That the animal was deliberately or maliciously provoked.  (4) Animals may be killed. Any person may kill an animal while it is committing any of the acts specified in subsection (1) above or while such animal is being pursued thereafter.  (5) Every animal so vicious and dangerous that it cannot be controlled by its owner or person having charge, care, or control of such animal, so that it shall not injure any person or property, is a hazard to public safety, and the Animal Control Division shall seek an order requiring destruction of the animal, or muzzling, confinement, or other type of control. o 23-8-105 DETERMINATION, SEIZURE, IMPOUNDMENT, AND DISPOSITION OF VICIOUS DOGS.  (1) The City Council hereby determines that owning, keeping, or harboring vicious dogs is a nuisance, and that strict controls MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -18- of vicious dogs are necessary to protect the health, safety, and welfare of the citizens of West Valley City.  (2) The Animal Control Division, in the discretion of the Animal Control Administrator or upon receipt of a complaint alleging that a particular dog is a vicious dog, as defined herein, may initiate proceedings to declare such dog a vicious dog. All proceedings to determine whether or not a dog is vicious, or a proceeding on a violation alleged to have been committed by a dog previously determined to be vicious, shall be conducted by an Administrative Code Enforcement Hearing Officer pursuant to the procedures of Title 10 of the City Code, in addition to the procedures set forth in this section. In determining whether or not a dog shall be declared a vicious dog, the Hearing Officer may consider, as a mitigating factor, that the actions of the dog were provoked, as defined in this chapter. A hearing on the matter shall be conducted if requested in writing. The person owning, keeping, sheltering, or harboring the dog in question shall be given written notice of the time and place of the hearing, pursuant to Section 10-2-504 of the City Code. Said notice shall set forth the description of the dog in question and the basis for the allegation of viciousness. The notice shall also set forth that if the dog is determined to be vicious, the owner will be required to register and restrain it in accordance with this chapter, remove it from the City, or allow it to be destroyed. The notice shall state that if the owner or keeper of the dog fails to request a hearing in writing, a default order will be entered deeming the dog vicious. The notice shall be served upon any adult residing at the premises where the dog is located, or may be posted on those premises if no adult is present to accept service.  (3) If, after the hearing, the Hearing Officer determines that a dog is vicious, as defined in this chapter, the Hearing Officer shall order the person owning, sheltering, harboring, or keeping the dog to register the dog in compliance with this chapter; to remove it from the City; or to cause it to be destroyed in a humane manner. The order shall immediately be served upon the individual or entity against whom issued in the same manner as the notice of hearing. If the order is not complied with within three days of its issuance, the Animal Control Division is authorized to order the seizure and impoundment of the dog. A dog so seized shall be impounded for a period of ten days from the date the order is served upon the owner or keeper. If, at the  MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -19- end of the impoundment period, the person against whom the order was issued has not appealed such order to the District Court, the Animal Control Division shall cause the dog to be destroyed. - Options o Legal declaration of “vicious”  Higher license fee  Paid annual inspection  Mandatory spay/neuter  Mandatory microchip  Mandatory liability insurance  Additional restraints  Double fence  Cinder-block fence  Posted Warnings  Outside access to private space  Neighborhood Notifications o Ownership prohibition for various criminal convictions o Prohibition from public areas, Dog handler must be 21 years or older o AKC Canine Good Citizen Test o Establish conditions for public presence  Muzzle or chain  Specified length and strength of restraint  Demonstrated ability to control animal o Banishment  Reciprocity of legal declaration Councilmember Buhler stated that mitigating and aggravating factors should be included in the code. He also indicated that he would like to see additional regulations for attacks that occur on the owner’s property versus attacks that happen on outside properties. Councilmember Buhler added that he would also like the code to specify “vicious animal” instead of “vicious dog”. Mayor Bigelow stated that he is concerned about bites and would like a summary about the types of bites that occurred and the severity. He added that he would also like a report on the attacks and the severity of those as well. Layne indicated that this can be provided but added that a lot of bites, and even attacks, go unreported. E. SISTER CITY COMMITTEE DISCUSSION Don Christensen presented a summary of the Sister City Committee as follows: - The West Valley City Sister City Committee was created by City Ordinance as an advisory body to the city charged to establish and maintain Sister City MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -20- relationships that provide economic, cultural, and educational benefits to West Valley City. o Mission Statement  To increase international cultural awareness, understanding, and opportunities in West Valley City by hosting international visitors, promoting global education, cultural events, and assisting with international trade development. o Vision Statement  To promote citizen based international diplomacy through cooperative activities and exchanges in cultural, educational, municipal/technical, business, and humanitarian fields. o Purpose  To serve as the liaison between the City and the Sister City.  To seek and evaluate the potential of any new Sister City relationships and when appropriate provide evidence of the benefit of such a relationship to the City Manager so that appropriate steps may be taken by the City Manager and City Council to make any proposed relationship official. o Method  The Sister City Committee carries out its purpose by participating in exchanges every other year. An exchange involves business, political, and cultural leaders from each city. In one year our city sends a delegation, then the next year the sister city sends a delegation.  The exchange is sometimes hard to coordinate due to constraints from the Taiwanese Government. Since Taiwan is not diplomatically recognized by the United States, all exchanges are controlled by the central government and coordinated by the Trade Commission of Taiwan in San Francisco. Some of the regulations they impose are that all delegations traveling to Taiwan need to do so in conjunction with a major national or state holiday, in response to that the Taiwanese delegation likes to travel in conjunction with holidays. This has not been a problem in the past because we have scheduled visits here around the July holidays.  Another constraint for all sister city relationships is finding people that are interested in participating in the exchanges and who can take up to two weeks of vacation for the exchange, or in the case of a student exchange up to a month. Many times there doesn’t seem to be a cultural interest in participating. The entire community needs to feel a cultural identity, both of West MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -21- Valley City and if applicable their native or ancestral country. In order to increase interest in the cultural aspect we would propose a long range plan that would include using presentations to the schools about Sister Cities as part of the ArtRageous Program of the Cultural Center, presentations to neighborhood organizations, presentations to ChamberWest and other business organizations, working with the Granite School District and other Charter Schools to explain the citizen diplomat aspect of the Sister City Program and how the youth can prepare to be a part of the program in the future.  Another roadblock in the past has been the budget to finance the exchange. When we travel to Taiwan, our only responsibility is the airfare, everything else is covered by the sister city. When they travel here the same applies, we cover everything while they are here. This includes places to visit, programs, transportation, housing and meals. In the past the budget for this has been part of the Community Arts Board budget. With the reorganization of that board, we would request that a set amount be placed in the budget each year. The yearly request would be for $30,000 and anything not used would be returned to the general fund at the end of the fiscal year. The detailed budget for each year would be submitted at the start of the fiscal year. We would also like to supplement the city budget allocation with our own efforts. The committee will participate actively in fund raising activities that would go into an earmarked account to match city funds. These activities would include seeking donations from local businesses interested in the mission of the Sister City Committee, seeking grants from organizations whose tenets parallel those of the Sister Cities, participating in community events and markets, and similar activities. Councilmember Christensen continued to discuss the Sister City Committee, the importance of it, etc. He indicated a small amount of money from the City would help the committee significantly and stated that the committee is requesting that yearly amount to be $30,000. Councilmember Christensen added that the Committee is working to establish a 501(c)(3) and would like to become more involved in WestFest. Councilmember Buhler asked if the City has officially given up the relationship with the Sister City in Mexico. Councilmember Christensen replied that it is not official but indicated that the City in Mexico has changed governments three times since establishing a relationship with West Valley City so it has likely been forgotten on their end. Councilmember Buhler indicated that  MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -22- charter schools in the community may be interested in establishing relationships with the Sister City Committee. He indicated that he feels the community needs to drive the committee but he doesn’t know what it accomplishes for the average West Valley City resident. Councilmember Christensen stated that business opportunities have established from the Taiwanese relationship. Mayor Bigelow indicated that he is concerned about being involved in humanitarianism, education, business, and cultural exchanges (which he feels should be under the Cultural Center). However, he stated that he would encourage cultural, educational, business exchanges in the community with the school district or Chamber West. Councilmember Huynh stated that he feels it’s important to move forward with the Sister City Committee. He indicated that important businesses relationships are developing from the connection with Taiwan and further development can occur with other connections. Councilmember Huynh stated that he would support providing $30,000 to the Committee. Councilmember Fitisemanu stated that measuring a relationship with other communities is hard to quantify and he would like to see numbers to help him understand the impact the Sister City connections have on the City before he can determine whether $30,000 is an appropriate amount of money to spend. Wendy Jyang, a member of the Sister City Committee, stated that she has developed some interesting relationships with mayors in Asia. She indicated that the $30,000 would be a starting point for the Committee and the City would eventually get that money back once the Committee is able to raise money in donations. She thanked the Council and Mayor for their support. F. COUNCIL CALENDAR Mayor Bigelow referenced a Memorandum previously received from the City Manager that outlined upcoming meetings and events. Members of the City Council had no further questions regarding the Council Update. NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS Council Suggestions There were no Council suggestions. Highbury Parking Issues Mayor Bigelow suggested a study on Highbury be included in the Council requested Parking Discussion. Garbett Home Proposal  MINUTES OF COUNCIL STUDY MEETING – MAY 1, 2018 -23- Mayor Bigelow indicated this is going through the normal process. Councilmember Christensen agreed and stated that the Council will eventually hear it when the time is appropriate. Rental Properties Mayor Bigelow stated that the Council of Mayors is discussing solutions for accessory dwelling units. He indicated that he will keep the Council apprised of progress. B. COUNCIL REPORTS COUNCILMEMBER CHRISTENSEN- ULCT Councilmember Christensen stated he attended a Utah League of Cities and Towns Conference in St. George and he went to a class on transparency that discussed broadcasting in public meetings. He stated that he will meet with Wayne and Sam to discuss further. Mayor Bigelow requested a brief presentation on the conference from Councilmember Christensen. Councilmember Christensen agreed. COUNCILMEMBER HUYNH- 2018 GANG CONFERENCE Councilmember Huynh indicated that he attended the 2018 Gang Conference. MOTION TO ADJOURN Upon motion by Councilmember Buhler all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY MAY 1, 2018 WAS ADJOURNED AT 6:40 PM BY MAYOR BIGELOW. I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Study Meeting of the West Valley City Council held Tuesday, May 1, 2018. _______________________________ Nichole Camac City Recorder