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City Council Study Meeting

Regular Meeting

West Valley City, UT · September 4, 2018

AgendaMinutes

Minutes

MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -1- THE WEST VALLEY CITY COUNCIL MET IN STUDY SESSION ON TUESDAY, SEPTEMBER 4, 2018, AT 4:30 P.M. AT WEST VALLEY CITY HALL, MULTIPURPOSE ROOM, 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 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne 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 Colleen Jacobs, Police Chief John Evans, Fire Chief Jim Welch, Finance Director Layne Morris, CPD Director Dan Johnson, Acting Public Works Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department DeAnn Varney, Administration Steve Pastorik, CED Jody Knapp, CED Steve Lehman, CED Chris Beichner, Fire Department APPROVAL OF MINUTES OF STUDY MEETING HELD AUGUST 28, 2018 The Council considered the Minutes of the Study Meeting held August 28, 2018. There were no changes, corrections or deletions. MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -2- Councilmember Lang moved to approve the Minutes of the Study Meeting held August 28, 2018. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDA FOR REGULAR CITY COUNCIL MEETING OF SEPTEMBER 4, 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 Meeting scheduled later this night. RESOLUTION 18-161: APPROVE THE PURCHASE OF A SELF CONTAINED BREATHING APPARATUS UNIT FROM LN CURTIS FOR USE BY THE FIRE DEPARTMENT John Evans, Fire Chief, presented proposed Resolution 18-161 that would approve the purchase of a self-contained breathing apparatus unit from LN Curtis for use by the Fire Department. Written documentation previously provided to the City Council included information as follows: Purchase of (1)) Eagle Air SCBA compressor; this SCBA compressor will be centrally located at West Valley City Fire Station 72 and will be our primary compressor for the fire department in addition to the current SCBA compressor which is close to 20 years old. The cost of maintenance on our current unit is rising and many parts are no longer available. The new Eagle Air SCBA compressor will have greater fill capacity and new filter technology which will allow for cleaner and safer compressed air. LN Curtis works through the Public Procurement Authority (PP A) who work in cooperation National Purchase Partners (NPP) and its Government Division, Fire Rescue GPO which "piggy-back" off of lowest bids. This purchase will be funded out of our current operating budget. Councilmember Buhler asked if one unit is sufficient. Chief Evans replied that there is another that has been repaired and should operate for another year. He indicated that the older unit is located at Station 74. Councilmember Buhler asked if the unit fills other bottles that are emptied. Chief Evans replied yes. MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -3- The City Council will consider Resolution 18-161 at the Regular Council Meeting scheduled September 11, 2018, at 6:30 P.M. RESOLUTION 18-162: APPROVE A FRANCHISE AGREEMENT BETWEEN MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON ACCESS TRANSMISSION SERVICES AND WEST VALLEY CITY FOR A TELECOMMUNICATIONS NETWORK IN THE CITY Eric Bunderson, City Attorney, presented proposed Resolution 18-162 that would approve a Franchise Agreement between MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services and West Valley City for a Telecommunications Network in the City. Written documentation previously provided to the City Council included information as follows: Applications for telecommunications networks in West Valley City are governed by Chapter 20-5 of the City Code. The franchise granted by this Agreement is for a 10 year period, with the option to renew for an additional 10 years with the same terms and conditions. Chapter 20-6 of the City Code permits the City to require all telecommunications providers to collect taxes from their customers and deposit them with the Utah State Tax Commission. This agreement memorializes this provision as well as acknowledging MCImetro’s duty to secure permits from Public Works for any excavation or construction. Councilmember Nordfelt asked if approved Franchise Agreements must be modified moving forward if the West Valley City Code changes. Eric replied no and indicated that the City would honor the Code as it was written at the time the Agreement was signed. Councilmember Buhler clarified that the new language in the agreement would be used for all agreements moving forward. Eric replied yes. Councilmember Lang asked if the agreement is for 10 years. Eric replied yes. The City Council will consider Resolution 18-162 at the Regular Council Meeting scheduled September 11, 2018, at 6:30 P.M. RESOLUTION 18-163: AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, ALL PROPERTY INTERESTS FROM GJKALLINS UTAH HOLDINGS LLC LOCATED AT APPROXIMATELY 4018 WEST 4100 SOUTH Eric Bunderson, City Attorney, presented proposed Resolution 18-163 that would authorize the City to acquire, by negotiation or condemnation, all property interests from MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -4- GJKallins Utah Holdings LLC located at approximately 4018 West 4100 South. 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 GJKallins because the Property currently owned by GJKallins is needed for the construction of improvements on 4100 South. 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 GJKallins. As the deadline for this project nears, it appears the City and GJKallins 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. Mayor Bigelow clarified that acquisitions are for a small portions of property along 4100 South. Eric replied yes. Councilmember Christensen stated that this intersection was just updated and questioned if the new signal pole will be removed. Dan Johnson, Acting Public Works Director, stated that the pole will likely be impacted. The City Council will consider Resolution 18-163 at the Regular Council Meeting scheduled September 11, 2018, at 6:30 P.M. RESOLUTION 18-164: AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, ALL PROPERTY INTERESTS FROM VALLEY VIEW MEMORIAL LOCATED AT APPROXIMATELY 4445 WEST 4100 SOUTH Eric Bunderson, City Attorney, presented proposed Resolution 18-164 that would authorize the City to acquire, by negotiation or condemnation, all property interests from Valley View Memorial located at approximately 4445 West 4100 South. 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 Valley View Memorial because the Property currently owned by Valley View Memorial is needed for the construction of improvements on 4100 South. As discussed below, negotiations thus far have failed and, therefore, condemnation may be necessary to complete the acquisition. MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -5- The City has attempted to negotiate the purchase of property from Valley View Memorial. As the deadline for this project nears, it appears the City and Valley View Memorial 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. The City Council will consider Resolution 18-164 at the Regular Council Meeting scheduled September 11, 2018, at 6:30 P.M. RESOLUTION 18-165: AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, ALL PROPERTY INTERESTS FROM VALLEY VIEW MEMORIAL LOCATED AT APPROXIMATELY 4391 WEST 4100 SOUTH Eric Bunderson, City Attorney, presented proposed Resolution 18-165 that would authorize the City to acquire, by negotiation or condemnation, all property interests from Valley View Memorial located at approximately 4391 West 4100 South. 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 Valley View Memorial because the Property currently owned by Valley View Memorial is needed for the construction of improvements on 4100 South. 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 Valley View Memorial. As the deadline for this project nears, it appears the City and Valley View Memorial 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. The City Council will consider Resolution 18-165 at the Regular Council Meeting scheduled September 11, 2018, at 6:30 P.M. RESOLUTION 18-166: AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, ALL PROPERTY INTERESTS FROM MIND & MOTION UTAH 4400 W LLC LOCATED AT APPROXIMATELY 4395 WEST 4100 SOUTH Eric Bunderson, City Attorney, presented proposed Resolution 18-166 that would authorize the City to acquire, by negotiation or condemnation, all property interests from Mind & Motion Utah 4400 W LLC located at approximately 4395 West 4100 South. MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -6- 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 Mind & Motion because the Property currently owned by Mind & Motion is needed for the construction of improvements on 4100 South. 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 Owners. As the deadline for this project nears, it appears the City and Owners 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. The City Council will consider Resolution 18-166 at the Regular Council Meeting scheduled September 11, 2018, at 6:30 P.M. RESOLUTION 18-167: AUTHORIZE THE CITY TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, ALL PROPERTY INTERESTS FROM CHUN HSIANG AND HONG XIAO LOCATED AT APPROXIMATELY 4758 WEST 4100 SOUTH Eric Bunderson, City Attorney, presented proposed Resolution 18-167 that would authorize the City to acquire, by negotiation or condemnation, all property interests from Chun Hsiang and Hong Xiao located at approximately 4758 West 4100 South. 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 Owners because the Property currently owned by Owners is needed for the construction of improvements on 4100 South. 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 Chun Hsiang and Hong Xiao. As the deadline for this project nears, it appears the City and Chun Hsiang and Hong Xiao 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. MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -7- Councilmember Buhler expressed concern for requiring landscaping to be installed at this location when the City may have been aware that it would require its removal at some point in the future. The City Council will consider Resolution 18-167 at the Regular Council Meeting scheduled September 11, 2018, at 6:30 P.M. CONSIDER APPLICATION S-9-2018, FILED BY CURT DIAL, REQUESTING FINAL PLAT APPROVAL FOR THE LILY COVE SUBDIVISION LOCATED AT 3248 SOUTH 6400 WEST Steve Lehman, CED, presented proposed application S-9-2018, filed by Curt Dial, requesting final plat approval for the Lily Cove Subdivision located at 3248 South 6400 West. Written documentation previously provided to the City Council included information as follows: Curt Dial, is requesting final plat approval for the Lily Cove Subdivision. The subject property is located at 3248 South 6400 West. It is bordered on the north, south and west by existing single family residential uses. The property was recently rezoned from the A zone to the R-1-8 zone along with a development agreement. The subdivision will consist of 4 lots on 1.4 acres of property. An existing dwelling currently occupies the front portion of the property. The developer will remove the existing structure and replace it with a new single-family dwelling. Access to the new subdivision will be gained from 6400 West and from a new private street. The private street will have a right-of-way of 28 feet in width. A turnaround will be installed between lots 2 and 3 to accommodate emergency service vehicles. The private lane will be maintained in common by all owners accessing the drive. Lot sizes within the subdivision range from 12,000 to 13,257 square feet. Lot depth is on the shallow side, so during the rezone process, the applicant asked for and was granted a reduced setback of 5 feet for either the front or rear of the dwelling. All homes will follow current city single family design standards. Street improvements along 6400 West already exist, but the north drive approach will need to be removed. In addition, any existing improvements in need of repair or replacement will be done in conjunction with the new subdivision. MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -8- The new lane providing access into the subdivision will create double frontage lots for those existing residences to the south. In order to mitigate the problems that may arise from this situation, staff recommends that the developer install a 6-foot vinyl fence. The fence will extend along the entire south property line. Councilmember Buhler clarified that the Development Agreement was approved as part of the rezoning. Steve replied yes. The City Council will consider Application S-9-2018 at the Regular Council Meeting scheduled September 11, 2018, at 6:30 P.M. CONSIDER APPLICATION S-11-2018, FILED BY KEN OLSEN, REQUESTING FINAL PLAT APPROVAL FOR THE RESERVE SUBDIVISION LOCATED AT 3755 SOUTH 5450 WEST Steve Lehman, CED, presented proposed application S-11-2018, filed by Ken Olsen, requesting Final Plat Approval for the Reserve Subdivision located at 3755 South 5450 West. Written documentation previously provided to the City Council included information as follows: Mr. Ken Olson, is requesting final plat approval for The Reserve Subdivision. The subject property is located at approximately 3755 South 5450 West. The property was recently rezoned from the A zone to the RE Zone. The subdivision is bordered on the north, south and west by residential property zoned A. Property to the east is residential housing, but zoned R-1-10. The subdivision will consist of 8 lots on 3 acres. This equates to an overall density of 2.6 units per acre. Based on the proposed plat, lot sizes range from 12,115 square feet to 20,143 square feet. The average lot size in the subdivision has been calculated at 15,080 square feet. Access to the subdivision will be gained from 5450 West. This street is void of any formal improvements. During the rezoning process, a decision was made to allow this street to remain primarily in its current condition. The only modification being made is right-of-way dedication to a 25-foot half width. This will result in a slight increase in the asphalt width, but curb, gutter and sidewalk will not be required. Public Works will require a delay agreement for those lots adjacent to 5450 West to assist with formal improvements should they ever be installed. Lots within the subdivision will be accessed via a private street. The street will end MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -9- in a hammerhead configuration to accommodate emergency service vehicles. The private street will consist of a modified gutter system and 26 feet of asphalt. Lots 101 and 102 will front 5450 West while all other lots will gain access via the private street. The private street will be raised slightly in order to drain storm water and to accommodate the sewer depth. Due to the street being raised, there is a concern with finished grades along the north and eastern portions of the subdivision. Staff inquired of the developer to see what the plan was for final grading. The developer informed staff that lots 105-108 along the eastern portion of the subdivision, would have daylight and/or walk out basements. The applicant has submitted a soils report. This report indicates that ground water was encountered at a depth of 13 feet. Based on this number, basements will be allowed for all new homes. This report is being reviewed by the City Building Official and City Engineer to determine what standards will be monitored for housing and street construction. The subdivision is located adjacent to agricultural properties along the north and south boundary. City ordinance will require that a 6-foot chain link fence be installed in these locations. In addition, a note will need to be placed on the plat identifying these areas as properties in agricultural use, and may be subject to sights, sounds and odors common to this type of use. As part of the subdivision requirements in the RE zone, the developer is required to install an entry feature off of 5450 West. The location, setting and materials have yet to be provided, but will be coordinated with staff. There are a number of mature trees along 5450 West and along the eastern boundary of the subdivision. As part of the developer’s vision for this subdivision, all trees where possible will remain. There may be a couple of trees that need to be eliminated along 5450 West to accommodate a new driveway for lot 101, but all others will remain. The existing trees along the east boundary will provide a natural buffer from the residential community to the east. It was staff’s understanding that the developer would clean up and trim trees along 5450 West, but trees along the eastern boundary would remain as is. Care and maintenance of these trees will be addressed as part of the conditions covenants and restrictions. Councilmember Buhler clarified that the application meets all requirements. Steve replied yes. Councilmember Buhler clarified that the Council has no ability to regulate which MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -10- direction homes face. Steve replied no but added that the applicant will use wrought iron fences along 5450 West to maintain the character of the street. The City Council will consider Application S-11-2018 at the Regular Council Meeting scheduled September 11, 2018, at 6:30 P.M. COMMUNICATIONS A. PROFESSIONAL STANDARD REVIEW BOARD ANNUAL REPORT Abigail Dizon-Maugn presented quarterly and annual reports summarized as follows: - Quarter 1 o Meeting Schedule The Board met on January 11, February 8, and March 8, 2018. All cases reviewed during these meetings are included in this report. - Uses of Force/Pursuits Of the 146 uses of force and pursuits reviewed by the Board during the 1st quarter of 2018, all but four were found to be within policy. This includes physical restraints, firearm displays and discharge, Taser displays and use, pursuits, and all other uses of force during this period. Of the four uses of force found to be out of policy, three were pursuits that were not terminated properly and one involved an unsuccessful taser deployment during a pursuit. - Internal Affairs Investigations and Citizen Complaints The Board sustained a total of 27 allegations against officers during the 1st quarter of 2018. The sustained allegations involved traffic accidents in which officers were at fault, failures to terminate pursuits and activate body-worn cameras, insubordination, neglect of duty, failure to secure departmental property, and two instances of improper processing of evidence. - Upcoming Public Meetings The Board will meet on the second Thursday of each month, holidays excepted, at 10 AM. Meetings will be held in the Council chambers of City Hall at 3600 Constitution Boulevard, West Valley City, Utah. All MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -11- members of the public are invited to attend the public meetings and to share any comments or concerns by participating in the public comment period. The most current information concerning the Board, including meeting notices and minutes, is available through wvc-ut.gov or the Utah Public Notice website. - Quarter 2 o Meeting Schedule The Board met on April 12, May 10, and June 14, 2018. All cases reviewed during these meetings are included in this report. - Uses of Force/Pursuits Of the 287 uses of force and pursuits reviewed by the Board during the 2nd quarter of 2018, all were found to be within policy. This includes physical restraints, firearm displays and discharge, Taser displays and use, pursuits, and all other uses of force during this period. - Internal Affairs Investigations and Citizen Complaints The Board sustained a total of 12 allegations against officers during the 2nd quarter of 2018. The sustained allegations involved neglect of duty, improper use of pepper spray, and a failure to follow proper search procedure. - Upcoming Public Meetings The Board will meet on the second Thursday of each month, holidays excepted, at 10 AM. Meetings will be held in the Council chambers of City Hall at 3600 Constitution Boulevard, West Valley City, Utah. All members of the public are invited to attend the public meetings and to share any comments or concerns by participating in the public comment period. The most current information concerning the Board, including meeting notices and minutes, is available through wvc-ut.gov or the Utah Public Notice website. - Quarter 3 o Meeting Schedule The Board met on July 12, August 9, and September 13, 2017. All cases reviewed during these meetings are included in this report. MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -12- - Uses of Force/Pursuits Of the 359 uses of force and pursuits reviewed by the Board during the 3rd quarter of 2017, all but two were found to be within policy. This includes physical restraints, firearm displays and discharge, Taser displays and use, pursuits, and all other uses of force during this period. The two uses of force found to be out of policy involved a failure to comply with departmental policy when initiating a pursuit and an unsuccessful taser deployment during a pursuit. - Internal Affairs Investigations and Citizen Complaints The Board sustained a total of 14 allegations against officers during the 3rd quarter of 2017. The sustained allegations involved six traffic accidents in which officers were at fault, three failures to appear for court, an impolite interaction with a citizen, three instances of off-duty conduct unbecoming an officer, and one instance of leaving duty to attend to a personal matter without permission. - Upcoming Public Meetings The Board will meet on the second Thursday of each month, holidays excepted, at 10 AM. Meetings will be held in the Council chambers of City Hall at 3600 Constitution Boulevard, West Valley City, Utah. All members of the public are invited to attend the public meetings and to share any comments or concerns by participating in the public comment period. The most current information concerning the Board, including meeting notices and minutes, is available through wvc-ut.gov or the Utah Public Notice website. - Quarter 4 o Meeting Schedule The Board met on October 12, November 9, and December 14, 2017. All cases reviewed during these meetings are included in this report. - Uses of Force/Pursuits Of the 445 uses of force and pursuits reviewed by the Board during the 4th quarter of 2017, all were found to be within policy. This includes physical MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -13- restraints, firearm displays and discharge, Taser displays and use, pursuits, and all other uses of force during this period. - Internal Affairs Investigations and Citizen Complaints The Board sustained a total of 16 allegations against officers during the 4th quarter of 2017. The sustained allegations involved traffic accidents in which officers were determined to be at fault and failures to appear for court. - Upcoming Public Meetings The Board will meet on the second Thursday of each month, holidays excepted, at 10 AM. Meetings will be held in the Council chambers of City Hall at 3600 Constitution Boulevard, West Valley City, Utah. All members of the public are invited to attend the public meetings and to share any comments or concerns by participating in the public comment period. The most current information concerning the Board, including meeting notices and minutes, is available through wvc-ut.gov or the Utah Public Notice website. - Annual Report o This annual report summarizes the activities of the Professional Standards Review Board during fiscal year 2017-2018. This report is required by West Valley City Municipal Code Section 3-18-109(3) and is made by the PSRB in compliance with those requirements. I. Summary of Activities In addition to its role in reviewing the activities and practices of the West Valley City Police Department, the PSRB has offered the public a monthly opportunity to address the board with any comments, concerns, or recommendations concerning the Police Department or law enforcement issues in the City. The PSRB welcomed new members to the Board during 2017-2018 and has found their commitment to serve invaluable. II. Cases Reviewed The data summarized in this report includes all cases reviewed by the PSRB during 2017-2018. The reports for the four quarters are also attached for further information and detail. MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -14- A. Response to Resistance and Use of Force During 2017-2018, the PSRB found 6 instances where officers failed to comply with departmental policy. In four cases, a pursuit was improperly commenced or was not terminated in accordance with department policy. In two cases, tasers were unsuccessfully deployed during pursuits. As was the case in 2016 and as is set forth below, the PSRB recommends that officers receive additional training concerning proper initiation and termination of pursuits. B. Violations of Policy and Misconduct During 2017-2018, the PSRB reviewed all citizen complaints and internal affairs investigations directed toward officers. The most frequent issues were fairly minor violations, including failures to appear on time for court and vehicle accidents. The PSRB also sustained more significant allegations, including several related to an officer’s improper use of pepper spray. The PSRB’s recommendations below are intended to reduce policy violations and potential misconduct, both by improving the training provided to officers and by streamlining the internal process for resolving complaints and allegations. III. Public Meetings A public meeting was held each month of 2016, usually on the second Thursday of the month. At each meeting, the public was offered an opportunity to address the PSRB concerning law enforcement in West Valley City. Although attendance has been low, the PSRB will continue these meetings and continue to offer citizens the opportunity to participate. IV. Discussion and Recommendations A. Pursuit Initiation and Termination During 2017-2018, the instances where the PSRB found policy violations in the use of force involved three issues related to pursuits. First, officers did not follow proper protocol in initiating a pursuit. This issue was observed in both a failure to make proper radio calls at the start of a pursuit and one instance in which a pursuit was not MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -15- appropriately commenced. Second, officers twice attempted to deploy tasers during a pursuit in situations where that use was not indicated by policy. Finally, the circumstances of a pursuit may require that a pursuit be terminated in order to best ensure the safety of the public and officers. In one instance, policy required the termination of a pursuit, but the pursuit was continued. The PSRB has previously recommended pursuit training, which has occurred and has resulted in improvements. Nevertheless, it is important to ensure that pursuits are initiated only in situations where the public is best protected by continuing the pursuit and that pursuits are terminated when continuing the pursuit does not serve the public. Any pursuit is a rapidly evolving situation that requires numerous judgments to be made by the officers involved and without the luxury of time to contemplate the decision. For this reason, the PSRB believes it is important to instill a complete understanding of department policy so that each officer evaluates pursuits in accordance with the same criteria. B. Improved Investigation of Complaints The Board has previously recommended that steps be taken to improve the process for review to ensure that investigations of complaints and allegations against officers are completed in a thorough and timely manner. The Department has acquired new software and is in the process of expanding its use to ensure that officer reports and supervisor reviews are acquired on a timely basis. In addition, the Department has created a full time position to assist in coordinating supervisor reviews and implementing best practices for data gathering. These steps are very welcome and the PSRB encourages the Department to continue along this track. C. Use of Technology With the recent implementation of body-worn cameras, the tools and information available to the PSRB in evaluating uses of force and allegations against officers are much better than were previously available. Where applicable, the Board has been able to review body- worn camera footage to get a much fuller understanding of the matters before the Board. MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -16- Between the implementation of body-worn cameras and the Department’s use of IAPro/BlueTeam software, the PSRB has the opportunity to access more tools than ever before. At times, the implementation of this technology and integration with the PSRB process has not been as smooth as would be ideal. The PSRB encourages additional steps to offer the Department sufficient support to make information available in a timely manner to both the Board and to the Department internally. Councilmember Buhler clarified that the 6 incidents listed are separate. Abigail replied yes. Councilmember Buhler asked if each of those instances was a different officer. Abigail replied that she is unsure but added that if an officer is continually reviewed, the PSRB may suggest training or other corrective measures. Councilmember Buhler asked who the PSRB reports to. Abigail replied that any corrective measures for an officer are issued to the supervisor. Once the corrective measure has been completed, the result is reported back to the Board. Councilmember Buhler asked if there is a way the City can assist in reducing the backlog of cases. Abigail replied that once the backlog is caught up, the Board will be prepared to make a recommendation to the City. Councilmember Buhler thanked Abigail and the Board for their efforts and stated that it’s appreciated by the City. Councilmember Fitisemanu asked if the Board has ever compared methods with other Cities. Abigail replied no but added that this would be interesting. Chief Jacobs stated that every complaint is reviewed by the Board which is unusual in most jurisdictions. She indicated that the City has one of the best Review Boards in the Country. Wayne agreed and added that the City tries to send members of the board to National Conferences each year for training. B. 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 Nichole Camac, City Recorder, indicated that the Salt Lake Chamber has requested that the City address a resolution reading Utah’s Housing Needs as part of the Housing Gap Coalition. Wayne further explained the proposal. Councilmember Buhler stated that the City is in favor of affordable housing but indicated that MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 4, 2018 -17- resolutions may bind the City in unanticipated ways. The Council discussed the proposed resolution and agreed to review the language proposed. Mayor Bigelow stated that he is interested in discussing his suggested Memorial Day Parade further. He indicated that he would like to see this move forward and is open to different events, dates, etc. Mayor Bigelow indicated that Councilmember Buhler suggested a pageant in conjunction with the parade involving a scholarship or reward of some type. The Council discussed traditional events, centering a parade on a common theme each year, and the option of students submitting an essay instead of holding a pageant for scholarship. Councilmember Fitisemanu stated that he would like to look at possibly increasing Fire Department salaries in budget discussions moving forward. He stated that a more in depth conversation amongst the Council and staff may need to be held so the City can determine if changes are needed. B. COUNCIL REPORTS COUNCILMEMBER CHRISTENSEN- SKATE PARK EVENT Councilmember Christensen stated that the West Valley Skate Park was chosen for a special event. He attended and introduced a key member of the skating committee. He added that news of the pump track addition was well received. MOTION TO ADJOURN Upon motion by Councilmember Lang all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY SEPTEMBER 4, 2018 WAS ADJOURNED AT 5:52 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, September 4, 2018. _______________________________ Nichole Camac, CMC City Recorder

Agenda

WEST VALLEY CITY The Study Electronic Meeting of the West Valley City Council will be held on Tuesday, September 4, 2018, at 4:30 PM, in the Multi-Purpose Room, West Valley City Hall, 3600 Constitution Boulevard, West Valley City, Utah. Members of the press and public are invited to attend. AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. August 28, 2018 4. Review Agenda for Regular Meeting of September 4, 2018 A. Regular Meeting Agenda 5. Resolutions: A. 18-161: Approve the Purchase of a Self-Contained Breathing Apparatus Unit from LN Curtis for Use by the Fire Department B. 18-162: Approve a Franchise Agreement Between MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services and West Valley City for a Telecommunications Network in the City  West Valley City does not discriminate on the basis of race, color, national origin, gender, religion, age or disability in employment or the provision of services.  If you are planning to attend this public meeting and, due to a disability, need assistance in understanding or participating in the meeting, please notify the City eight or more hours in advance of the meeting and we will try to provide whatever assistance may be required. The person to contact for assistance is Nichole Camac.  Electronic connection may be made by telephonic or other means. In the event of an electronic meeting, the anchor location is designated as City Council Chambers, West Valley City Hall, 3600 Constitution Boulevard, West Valley City, Utah. 3600 South Constitution Boulevard, West Valley City, Utah, 84119 | Phone: 801-963-3203 | Fax: 801-963-3206 TDD: 801-963-3418 | www.wvc-ut.gov C. 18-163: Authorize the City to Acquire, by Negotiation or Condemnation, All Property Interests from GJKallins Utah Holdings LLC Located at Approximately 4018 West 4100 South D. 18-164: Authorize the City to Acquire, by Negotiation or Condemnation, All Property Interests from Valley View Memorial Located at Approximately 4445 West 4100 South E. 18-165: Authorize the City to Acquire, by Negotiation or Condemnation, All Property Interests from Valley View Memorial Located at Approximately 4391 West 4100 South F. 18-166: Authorize the City to Acquire, by Negotiation or Condemnation, All Property Interests from Mind & Motion Utah 4400 W LLC Located at Approximately 4395 West 4100 South G. 18-167: Authorize the City to Acquire, by Negotiation or Condemnation, All Property Interests from Chun Hsiang and Hong Xiao Located at Approximately 4758 West 4100 South 6. New Business Scheduled for September 11, 2018 A. Consider Application S-9-2018, Filed by Curt Dial, Requesting Final Plat Approval for the Lily Cove Subdivision Located at 3248 South 6400 West B. Consider Application S-11-2018, Filed by Ken Olsen, Requesting Final Plat Approval for the Reserve Subdivision Located at 3755 South 5450 West 7. Communications: A. Professional Standards Review Board (PSRB) Annual Report (15 min) B. Council Calendar 8. New Business: A. Potential Future Agenda Items A. Council Suggestions B. Council Reports 9. Motion for Closed Session (if necessary) 10. Adjourn

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