City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – APRIL 21, 2020 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, APRIL 21, 2020, AT 6:30 P.M. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE MEETING WAS HELD ELECTRONICALLY. THE FOLLOWING MEMBERS WERE PRESENT ELECTRONICALLY: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Paul Isaac, Assistant City Manager/ HR Director Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Jim Welch, Finance Director Colleen Jacobs, Police Chief John Evans, Fire Chief Russell Willardson, Public Works Director Layne Morris, CPD Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jody Knapp, CED OPENING CEREMONY No opening ceremony was conducted. APPROVAL OF MINUTES OF REGULAR MEETING HELD APRIL 14, 2020 The Council considered the Minutes of the Regular Meeting held April 14, 2020. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING – APRIL 21, 2020 -2- Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held April 14, 2020. Councilmember Lang seconded the motion. A voice vote was taken and all members voted in favor of the motion. AWARDS, CEREMONIES, AND PROCLAMATIONS A. PROCLAMATION DECLARING THE 24TH DAY OF APRIL, 2020 AS ARBOR DAY IN WEST VALLEY CITY A Proclamation declaring the 24th day of April, 2020 as Arbor Day in West Valley City was approved by the West Valley City Council. Mayor Bigelow stated that the West Valley City Council supports Arbor Day each year. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock stated that there is a need to get properties in the City cleaned and up to Code. He indicated that Code Enforcement is out citing residents, but the City Animal Shelter is not meeting necessary standards. Mr. Vesock stated that a lot of people do not know about the West Valley City app and encouraged the City to advertise this more. Mr. Vesock stated that he hopes the Council denies the zone text change scheduled later this night. B. CITY MANAGER COMMENTS Paul Isaac, Assistant City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-2-2020 (APPEAL), FILED BY ERIK HOFFMAN, REQUESTING A ZONE TEXT CHANGE TO SECTIONS 7-1-103, 7-6-201, 7-6-301 AND ENACT SECTION 7-7-103.5 TO ADD AUTOMOBILE EMISSION CENTERS AS A CONDITIONAL USE IN THE RB (RESIDENTIAL BUSINESS) ZONE ON PROPERTIES OVER AN ACRE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled April 21, 2020, in order for the City Council to hear and consider public comments regarding application ZT-2-2020 (Appeal), filed by Erik Hoffman, requesting a zone text change to sections 7-1-103, 7-6-201, 7-6-301 and enact section 7-7-103.5 to add automobile emission centers as a Conditional Use in the RB (Residential Business) Zone on properties over an acre. MINUTES OF COUNCIL REGULAR MEETING – APRIL 21, 2020 -3- Written documentation previously provided to the City Council included information as follows: The applicant, Erik Hoffman, requested a proposed amendment to the West Valley City Municipal Code to allow for Auto Emissions Centers in the RB, residential business zone. Currently, auto emission centers are listed under Auto Service. This amendment would remove that use from the definition and a new use/definition would be added to the City Code as follows: “Automobile Emissions Center” means a test only business for emissions, inspections and registration renewals, excluding Automobile Service. Since the text amendment affects all properties in the RB zone, Mr. Hoffman also suggested the attached use specific regulations for this amendment as well. Mr. Hoffman stated the justification for the requested text change is that “Automobile Emission Centers (Test Only) have a lower impact than other Automobile Service businesses or even some existing approved uses for an RB Zone. Limiting this to properties over an acre will further limit this use. The property can still have other permitted and conditional uses.” As seen in the attached meeting minutes, the Planning Commission denied this application during their public hearing on February 26, 2020. The minutes also include a list of reasons why staff was not supportive of this change. Included with this issue paper is a letter from the applicant outlining the reasons for this appeal. Mayor Bigelow opened the Public Hearing. Erik Hoffman stated that he is a business owner and is thankful to be an essential employee at this time. He indicated that he is hoping to move his business to West Valley City down the street from his existing property in Taylorsville. Mr. Hoffman stated that he feels his business model would work well in the RB zone. He indicated Granger Medical was compared to his business model and noted his business is quieter, less busy, and there is less traffic. Mr. Hoffman stated that he suggested a restriction on the conditional use that would require 1 acre for the property size. MINUTES OF COUNCIL REGULAR MEETING – APRIL 21, 2020 -4- Fred Cox stated that a Councilmember expressed a desire to have design standards related to the business if it were approved. He indicated that Mr. Hoffman would be open to having the overhead door face away from the residential properties and also away from 4700 South. He added that the door could be designed nicer, as well as the building, so that it looks more like an office space. Mr. Cox described other alternatives that he and the applicant considered prior to submitting the zone text application. He indicated that this is a very specific use that is test only and noted that no actual work is being conducted on vehicles. Mr. Hoffman stated that he has no interest in allowing other tenants to change uses and indicated that they would meet standards of the RB zone. Mayor Bigelow closed the Public Hearing. ACTION: ACTION: ORDINANCE NO. 20-18, AMEND SECTIONS 7-1-103, 7-6-201, 7-6-301 AND ENACT SECTION 7-7-103.5 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS APPLICABLE TO AUTOMOBILE EMISSIONS CENTERS The City Council previously held a public hearing regarding proposed Ordinance 20-18 that would amend sections 7-1-103, 7-6-201, 7-6-301 and enact Section 7-7- 103.5 of the West Valley City Municipal Code to amend certain requirements applicable to automobile emissions centers. Councilmember Lang stated that she doesn’t know how many other locations this would impact in the City. She indicated that she feels this is a mellow use and if design standards were applied, she would be comfortable with approving this application. Councilmember Buhler stated that he hopes Mr. Hoffman finds a location for his business but noted that he doesn’t feel there is compelling evidence to change the ordinance at this time. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Lang moved to approve Ordinance 20-18. Councilmember Fitisemanu stated he would like to know how many other properties could be impacted. MINUTES OF COUNCIL REGULAR MEETING – APRIL 21, 2020 -5- Jody Knapp, CED, replied that there could potentially be around 12 properties in the City, most of which are already developed, but a couple that are currently vacant as well. Councilmember Lang asked if building design standards could be added. Jody replied that standards could be applied under Section 7-7-705. She added that each application could also be looked at individually since they would be conditional uses. Councilmember Lang asked if it would be best to apply standards now or with a Development Agreement on a case by case basis. Jody replied that there wouldn’t be a Development Agreement involved since those are part of zone changes and not conditional uses. She noted that if the Council had language they wanted to add, they could do so as part of the motion but if they wanted staff to propose language, staff would need to bring something back to the Council at a later date. Councilmember Christensen asked why the Planning Commission denied that application. Jody replied that they did not feel an auto related use fit with the residential business zone and wanted to protect that specific zone in the City. Councilmember Lang stated that she would feel differently if there were oil and lube or other services being conducted but with this just being emissions she feels okay with what is proposed. Mayor Bigelow stated that that he struggles modifying policy for one particular business and prefers to look at the zone as a whole and take a broader look. Jody indicated that staff did carefully evaluate the RB zone in 2018 and suggested to the Council at that time to keep the zone geared more toward residential than business. Councilmember Lang asked if both safety and emissions were required in 2018. Jody replied that she is unsure when that law change but noted this is a new proposed category in City Code and is currently designated under auto services. Councilmember Nordfelt asked what uses are currently allowed in the RB zone. Jody provided a list. Councilmember Nordfelt stated that he doesn’t feel the proposed use fits in the zone. There was no second to the motion. Mayor Bigelow called for a second motion.  MINUTES OF COUNCIL REGULAR MEETING – APRIL 21, 2020 -6- Councilmember Nordfelt moved for denial. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang No Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Majority. Ordinance 20-18 Denied. RESOLUTION 20-43: AUTHORIZE THE EXECUTION OF AN AMENDMENT TO AN AGREEMENT FOR ENERGY EFFICIENCY UPGRADE MANAGEMENT SERVICES Mayor Bigelow discussed proposed Resolution 20-43 that would authorize the execution of an amendment to an Agreement for Energy Efficiency Upgrade Management Services. Written documentation previously provided to the City Council included information as follows: This amendment authorizes LYRB to install additional energy efficiency upgrades at the Maverik Center that were out of the original scope of the project due to additional findings and needs to complete the original scope of work. Expenditures will not exceed $270,000 for the additional needed Maverik Center upgrades, other required services, and LYRB’s compensation. The requested funds for this will be returned to the general fund by taking bill credits in lieu of a cash rebate from the Rocky Mountain Power Wattsmart Program. Additional funds will also come from separate rebates from both Rocky Mountain Power and Nexxant that the City qualified for with the completion of the Public Safety Building. The Maverik Center Project and Original Contract with LYRB as the project manager was approved for construction costs of $2,015,000, but during construction it was found that certain critical upgrades, previously existing maintenance issues, and unexpected circumstances led to an identification of $270,000 worth of out of scope upgrades that are essential to completing the project adequately. This includes installation of additional VRF units, installation of equipment and control systems to provide redundancy and operational efficiency  MINUTES OF COUNCIL REGULAR MEETING – APRIL 21, 2020 -7- to newly installed equipment expected to last 25+ years, and correct unexpected maintenance issues primarily related to the age of the building that were unexpected. These additional items can be found in Appendix A. Repayment of these requested additional funds will be by taking a bill credit option from Rocky Mountain Powers Wattsmart program estimated at $278,400 in lieu of a cash rebate, which allows up to 80% of qualified project costs (Incremental Installed Costs) to be utilized as a bill credit on City Electrical meters on 4% of electrical costs until the credit runs out. Staff recommends that these credits be applied to meters at the Maverik Center, City Hall, The Family Fitness Center, The Utah Cultural Celebration Center, the Animal Shelter/CPD Building, Public Safety Building, and Public Works/Parks and Recreation Maintenance Building. The specific yearly savings at these facilities are noted in Appendix C. These credits would offset roughly 4% of monthly electrical bills and apply to certain Demand Service Charges that are accrued by each of these meters. Staff estimates savings by taking this bill credit would be at least $28,000 a year if applied to the above listed meters, representing a 10-year direct payback. Additional meters could be added to this bill credit to decrease the ROI, if the request is submitted to Rocky Mountain Power. These credits also will not expire. Additional information on these qualified credits can be seen in Appendix B. Additional one-time cash incentives can also be applied to this project from recently discovered rebates from the Public Safety Building, of $14,221.15 from Rocky Mountain Powers Wattsmart program, and $8,198 from Nexxant Energy for Natural Gas savings. This one-time savings could help expediate the anticipated payback of the bill credits. Specifics on these credits can be seen in Appendix B. Options are also being explored to see if there is a way to monetize the above- mentioned bill credits immediately, to prevent a long payback period. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Resolution 20-43. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes  MINUTES OF COUNCIL REGULAR MEETING – APRIL 21, 2020 -8- Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. 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 REGULAR MEETING OF TUESDAY, APRIL 21, 2020 WAS ADJOURNED AT 7:07 P.M. BY MAYOR BIGELOW. I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Regular Meeting of the West Valley City Council held Tuesday, April 21, 2020. _______________________________ Nichole Camac, CMC City Recorder