City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – APRIL 16, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN STUDY SESSION ON TUESDAY, APRIL 16, 2019, 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 T Pyle, City Manager Nichole Camac, City Recorder Paul Isaac, Assistant City Manager/ HR Director Eric Bunderson, City Attorney Scott Buchanan, Acting Police Chief John Evans, Fire Chief Jeanette Carpenter, Acting 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 John Rock, Administration Jody Knapp, CED Steve Pastorik, CED Andrew Wallentine, Administration APPROVAL OF MINUTES OF STUDY MEETING HELD APRIL 9, 2019 The Council considered the Minutes of the Study Meeting held April 9, 2019. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Study Meeting held April 9, 2019. Councilmember Lang seconded the motion.  MINUTES OF COUNCIL STUDY MEETING – APRIL 16, 2019 -2- A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDAS FOR REGULAR CITY COUNCIL MEETING AND SPECIAL MUNICIPAL BUILDING AUTHORITY MEETING OF APRIL 16, 2019 Upon inquiry by Mayor Bigelow, members of the Council had no further questions or concerns regarding items listed on the Agendas for the Regular City Council Meeting or Municipal Building Authority Meeting scheduled later this night. AWARDS, CEREMONIES AND PROCLAMATIONS SCHEDULED FOR APRIL 23, 2019 A. PROCLAMATION RECOGNIZING AND SUPPORTING THE DIVERSITY AMONG THE RESIDENTS OF THE CITY Councilmember Buhler asked if there should be a general procedure when changing proclamations. Mayor Bigelow indicated that the Mayor and Council are declaring something with Proclamations and have the right to modify it to reflect their statements. Councilmember Buhler suggested talking about it in the future. The Council agreed to read the proclamation as changed by the Mayor. Mayor Bigelow offered to read the Proclamation recognizing and supporting diversity among the residents of the City at the Regular City Council Meeting scheduled April 23, 2019 at 6:30 PM. B. PROCLAMATION DECLARING APRIL 26, 2019 AS ARBOR DAY IN WEST VALLEY CITY Mayor Bigelow requested additional data be added to the Arbor Day Proclamation next year. Councilmember Christensen requested including the data for next week if possible. Mayor Bigelow offered to read the Proclamation declaring April 26, 2019 as Arbor Day in West Valley City at the Regular City Council Meeting scheduled April 23, 2019 at 6:30 PM. PUBLIC HEARINGS SCHEDULED FOR APRIL 23, 2019 A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-3-2019, FILED BY BEN FELDMAN WITH PINNACLE CONSULTING, REPRESENTING AT&T WIRELESS, REQUESTING A ZONE TEXT CHANGE TO SECTION 7-2-112 OF THE WEST VALLEY CITY MUNICIPAL CODE TO SET FORTH STANDARDS FOR TEMPORARY COMMUNICATION TOWERS IN CONJUNCTION WITH AN EVENT Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled April 23, 2019, in order for the City Council to hear and consider public comments regarding application ZT-3-2019, filed by Ben Feldman with Pinnacle Consulting, representing AT&T Wireless, requesting a Zone MINUTES OF COUNCIL STUDY MEETING – APRIL 16, 2019 -3- Text Change to Section 7-2-112 of the West Valley City Municipal Code to set forth standards for temporary communication towers in conjunction with an event. Proposed Ordinance 19-11 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 19-11, AMEND SECTION 7-2-112 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND REGULATIONS GOVERNING TEMPORARY LAND USES Jody Knapp, CED, discussed proposed Ordinance 19-11 that would amend Section 7-2-112 of the West Valley City Municipal Code to amend regulations governing temporary land uses. Written documentation previously provided to the City Council included information as follows: Temporary cellular equipment, also referred to as a Carrier on Wheels (COW), is a portable self-contained cell site that can be moved to a location and set up to provide extra capacity on a temporary basis. A COW is normally vehicle or trailer mounted and contains a telescoping boom as the antenna support structure ranging anywhere from 40’-80’ tall. The equipment, as well as the installation process, is very costly so these are typically only deployed for larger events where 25,000 people or more are gathered. The requested amendment to the City Code would permit these facilities as a temporary use. The installation would only be allowed in conjunction with an approved event and could not be a stand-alone use. The standards would also specify that a maximum of four permits shall be issued for this type of use per property per year, with a maximum term of seven days per permit. The timeline as proposed excludes installation and removal. Therefore, AT&T Wireless proposes the following ordinance to regulate this use in West Valley City. Councilmember Lang asked why this would be limited to 4 events at a single location. Jody replied that the equipment is very expensive to deploy and is meant to be temporary. She indicated that if a more permanent solution is needed, permanent infrastructure would need to be added. Mayor Bigelow asked if there are any temporary smaller towers that someone could use this ordinance to apply a use to. Jody replied that there are various definitions in the Code that would restrict the  MINUTES OF COUNCIL STUDY MEETING – APRIL 16, 2019 -4- use to specific approved events. Mayor Bigelow stated that he is concerned about the broad definition allowed by the ordinance. The Mayor and Council discussed various events and the potential for this type of use. Mayor Bigelow stated he would like to see the ordinance state a minimum number of anticipated people, such as 5,000. The Council agreed. The City Council will consider Ordinance 19-11 at the Regular Council Meeting scheduled April 23, 2019 at 6:30 P.M. RESOLUTION 19-42: AUTHORIZE THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN WEST VALLEY CITY AND SALT LAKE COUNTY FOR THE RECEIPT OF CERTAIN TRCC FUNDS FOR AUDIOVISUAL EQUIPMENT FOR THE UTAH CULTURAL CELEBRATION CENTER Paul Isaac, Assistant City Manager, presented proposed Resolution 19-42 that would authorize the execution of an Interlocal Cooperation Agreement between West Valley City and Salt Lake County for the receipt of certain TRCC Funds for audiovisual equipment for the Utah Cultural Celebration Center. Written documentation previously provided to the City Council included information as follows: The County receives funds pursuant to the Tourism, Recreation, Cultural, Convention and Airport Facilities Tax (TRCC) which may be used for the development, operation, and maintenance of publicly owned or operated cultural facilities. A portion of this money is set aside to fund cultural facilities projects. The City applied for Cultural Facilities Support Program (CFSP) funds to update the existing AV in the upper level of the Utah Cultural Celebration Center (UCCC) as well as some needed updates to the UCCC amphitheater. Under the terms of this agreement, the County will contribute $250,000 in TRCC funds to assist with the recommended updates. The City does need to match funds with an additional $250,000 and must spend the money and ask for reimbursement from the county prior to October 31, 2019. The City and the County have a mutual interest in working together to fund and operate the activities, events, and other programs at the UCCC. By working together, the parties believe TRCC assistance will contribute to the prosperity, moral well-being, peace and comfort of the residents of Salt Lake County. The funds received pursuant to the TRCC Act must be used  MINUTES OF COUNCIL STUDY MEETING – APRIL 16, 2019 -5- for the development, operation, and maintenance of public owned or operated cultural facilities. Mayor Bigelow stated that the Council reviewed several items for needs at the Cultural Center and verified that audio visual equipment was part of that evaluation. Paul replied yes. Councilmember Huynh asked if this is the first time the City has received funds from the County. Paul replied that the City has received funds previously for different purposes but this is one of the first times funding has been reserved from this particular source. Mayor Bigelow clarified the exact purpose for the funding. Wayne discussed conversations that were held at the Strategic Planning Meeting and the priorities discussed by the Council. Councilmember Lang asked what the City intends to do to prevent flooding in the future. Paul replied that the City will need to monitor piping carefully. Mayor Bigelow suggested that this be discussed as a potential future agenda item. Paul discussed the extent of what was damaged in the flood. Councilmember Lang requested quotes for specific costs that the TRCC funds will be spent on. Mayor Bigelow indicated that TRCC funding is changing and indicated that priority will be given to Cities willing to match funds. Staff and the Mayor discussed possible changes to the process. Councilmember Huynh thanked administration and Public Works for helping in flooding issues. The City Council will consider Resolution 19-42 at the Regular Council Meeting scheduled April 23, 2019 at 6:30 P.M. COMMUNICATIONS A. UTOPIA UPDATE Roger Timmerman, UTOPIA, presented a PowerPoint presentation summarized as follows: - Highest customer satisfaction in Utah o 57%= Extremely likely o Net promoter score= 64 - Google Ratings- Number 1 rated in region - Residential sales have increased - UTOPIA Fiber- keys to success o Fastest in country  10 Gbps Residential  100 Gbps Business o Top Rated in Utah  Net Promoter Score = 64  Google Rating - 4.5 Stars o Best Value  MINUTES OF COUNCIL STUDY MEETING – APRIL 16, 2019 -6-  250 Mbps - $65  1 Gbps - $78 - Smart City Sensors o Air Quality Sensors - Increasing Demand o Total Subscribers - Improving Finances o UIA Revenue v Bond Obligation - UTOPIA and UIA o Recurring Revenue Combined (UTOPIA and UIA) - Discussed progress in West Valley City o Availability o Subscribers Mayor Bigelow stated that the debt of UTOPIA is a bigger piece that is not covered and asked if there is a point in the future where this might be resolved. Roger replied that this would be difficult to determine at this point. He explained the bond obligations and projected revenue. Roger discussed potential partnerships with different Cities. Mayor Bigelow asked what percentage of the City has been built out. Roger replied UTOPIA plans to land at a 30-40% take rate. He indicated that he is thankful for Wayne’s support as Chair. Councilmember Huynh stated he is happy with the progress. Mayor Bigelow indicated that this project has really turned around and he is impressed with the progress that has occurred. B. 4300 WEST UPDATE Wayne Pyle, City Manager, stated he chose 4300 West to evaluate from a Code Enforcement perspective because several residents have come expressing concerns from this area. Wayne indicated that he has visited the street over 4 separate times at various times of the day and has found multiple violations along the street. He displayed pictures and indicated that of 67 homes, there are approximately 25 Code Enforcement violations that he was able to find. Wayne stated some residents are concerned that the City enforces too hard and others are concerned that the City doesn’t enforce enough but added that he feels it’s clear that the City isn’t enforcing enough in this area. Wayne indicated that an officer that oversaw this area previously was let go from the City because he wasn’t doing what needed to be done from an employment perspective and unfortunately created a lenient standard in the neighborhood. He stated that once control is regained, he feels concerns from residents will decrease. Wayne indicated that an established standard and procedure is in place that is effective.  MINUTES OF COUNCIL STUDY MEETING – APRIL 16, 2019 -7- Councilmember Lang asked if the on-street parking concerns depicted in some of the pictures were homeowners or overflow parking from the nearby trailer homes. Wayne replied he is unsure. Councilmember Nordfelt noted that most of the potential violations had nothing to do with on-street parking. Wayne stated that most violations are not difficult to fix. Councilmember Huynh stated that he appreciates the efforts of Code Enforcement stepping up but stated he wants to ensure notices are sent to the right address registered with Salt Lake County. He added that he would like to see higher chain-link fences allowed in front yards. Councilmember Buhler stated that Code Enforcement regulations and laws are necessary for the minority and not the majority. He indicated that most people take care of their properties without being told. Councilmember Buhler requested a comparison of Code Enforcement efforts in other Cities. Councilmember Lang stated that she heard that one Code Enforcement officer tapes notices to doors of residents receiving violations. Layne Morris, CPD Director, stated that is not standard procedure. Councilmember Lang asked how soon notices are mailed before a Court Hearing. Layne replied 3 weeks. Councilmember Lang replied that there is evidence that a resident did not receive notice in a timely fashion. Wayne replied that ample notice is issued before an item is sent to court. Mayor Bigelow stated that there are 9 Code Enforcement Officer in the City with over 40,000 residences. He indicated that the City does the best it can and added that it’s clear 4300 West had a problem and when there is an issue, issues tend to spread. C. PROGRAM MOD UPDATE Mayor Bigelow stated that due to time limitations, this item will be moved to the following week. D. 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 None Purchase of City Property (Approximately 6867 West Parkway Boulevard) Wayne Pyle stated that the City doesn’t suggest selling this property. He indicated that it is designated as a future park use when funding becomes available. Mayor Bigelow indicated that green space is important to the City. Wayne added that even  MINUTES OF COUNCIL STUDY MEETING – APRIL 16, 2019 -8- if the City couldn’t use the space as a park, it wouldn’t make financial sense to sell the property to these residents. He indicated it would be more beneficial to subdivide and sell the property for additional building lots. Wayne also added that under the proposal suggested by the residents, the city would have 75 acres of unusable park-strip. Councilmember Buhler stated that it’s important that the City do its due diligence to the rest of the residents to ensure it receives fair market value and does what is best with this property. Wayne agreed and indicated that the proposal is not workable, advantageous, and doesn’t meet the goals of the Council. Code Enforcement- Body Cameras and Notification Procedure Mayor Bigelow stated that it doesn’t seem beneficial to fix a process that is not broken. He indicated that the City has not failed in its notification process and making changes may make situations worse. Wayne thanked the Council for maintaining the understanding of Code Enforcement and the need to sustain communities. He indicated that residents generally appreciate that goal as well. Councilmember Christensen asked how many Code Enforcement cases there are per year. Layne replied approximately 4,000 to 5,000. Councilmember Christensen stated that of those many cases, there are only a couple concerns regarding noticing. He indicated he feels that is a good indicator on the process. Councilmember Fitisemanu stated he would still like to see a procedural comparison with other Cities to see if improvements could be made. Wayne stated that Code Enforcement Officers don’t have a lot of interaction with the public so Body Cameras are not necessary. He indicated that 70% of cases get resolved at the courtesy notice level and if a case arises to an abatement, Police Officers, with Body Cameras, are always present. Councilmember Buhler asked if Parking Officers have Body Cameras. Deputy Chief Buchanan replied they have cameras for their vehicle to ensure conduct for employees is being met. Councilmember Buhler stated that he understands the need for a clear record for the safety of employees as well as ensuring the public is being treated fairly. Councilmember Lang stated that she feels it’s important for the safety of employees and added that when people know they are on camera, they are more mindful of their actions. Wayne stated that there is no use of force from Code Enforcement and indicated that they are instructed to walk away from situations that become aggressive. Councilmember Huynh stated that body cameras should be used when face to face interactions occur. B. COUNCIL REPORTS Due to time limitations, this item was skipped. C. REVIEW AGENDA FOR SPECIAL REDEVELOPMENT AGENCY MEETING SCHEDULED APRIL 23, 2019  MINUTES OF COUNCIL STUDY MEETING – APRIL 16, 2019 -9- RESOLUTION NO. 19-03: APPROVE AN ASSIGNMENT OF A REAL ESTATE PURCHASE CONTRACT FROM MARC HANSEN TO THE AGENCY Wayne Pyle, City Manager, discussed proposed Resolution 19-03 that would authorize the Redevelopment Agency to approve an Assignment of a Real Estate Purchase Contract from Marc Hansen to the Agency. Written documentation previously provided to the City Council included information as follows: The Proposed Agreement allows the RDA to purchase the single-family home lot adjacent to the Aspen Village Apartments. This house was recently severely damaged by fire and subsequently demolished by the City. The house was an ongoing enforcement problem for the City due to its vacancy and lack of visibility from any street. The WVC RDA Administrator recommends the Agreement for Assignment of Real Estate Purchase Contract between the West Valley City Redevelopment Agency and Marc J. Hansen for purchase of the property located as 3079 West 3500 South, for the amount of $105,500. Councilmember Lang asked if there is an access easement. Wayne replied yes. Councilmember Huynh asked how large the property is. Wayne replied approximately .75 acre. Councilmember Buhler asked if the City owns other properties on Lehman Avenue. Wayne replied yes. Councilmember Buhler asked if the City hopes to eventually own Aspen Village. Wayne replied yes but indicated it is not immediately important. Councilmember Huynh stated that he feels the cost of the property is fair and this is a good purchase. The Redevelopment Agency will consider Resolution 19-03 at the Special Redevelopment Agency Meeting scheduled April 23, 2019 at 6:30 P.M. 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 STUDY MEETING ON TUESDAY APRIL 16, 2019 WAS ADJOURNED AT 6:26 PM BY MAYOR BIGELOW.  MINUTES OF COUNCIL STUDY MEETING – APRIL 16, 2019 -10- 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, April 16, 2019. _______________________________ Nichole Camac, CMC City Recorder