City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – MAY 12, 2020 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, MAY 12, 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 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 ABSENT: Tom Huynh, Councilmember District 1 STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manager Nichole Camac, City Recorder Paul Isaac, Assistant City Manager/ HR Director Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Jim Welch, Finance Director 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 Steve Pastorik, CED OPENING CEREMONY Councilmember Don Christensen conducted the Opening Ceremony. He stated that things changed suddenly in March and people learned how to manage electronically by Zoom. He stated that things likely won’t open the same as they did before, but they will open. Councilmember Christensen said that today marked the first day in a long time that less than 100 new cases were reported. He added that 87 new businesses opened in West Valley  MINUTES OF COUNCIL REGULAR MEETING – MAY 12, 2020 -2- City during the months of March and April. Councilmember Christensen stated that we are West Valley City strong and we will come back. APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 5, 2020 The Council considered the Minutes of the Regular Meeting held May 5, 2020. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held May 5, 2020. Councilmember Lang seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock thanked Mayor for his vote of opposition on the proposed budget. He stated that he doesn’t feel it’s time to take money from the rainy-day fund and indicated that things could get much worse. Mr. Vesock encouraged everyone to look at the budget, line by line, because it’s important to see how money is being spent. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-2-2020, FILED BY SCOTT HELM, REQUESTING A GENERAL PLAN CHANGE FROM LARGE LOT RESIDENTIAL TO LOW DENSITY RESIDENTIAL AND A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO R-1-10 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 10,000 SQUARE FEET) Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled May 12, 2020, in order for the City Council to hear and consider public comments regarding application GPZ-2-2020, filed by Scott Helm, requesting a General Plan Change from large lot residential to low density residential and a zone change from A (agriculture, minimum lot size 1/2 acre) to R-1- 10 (single unit dwelling residential, minimum lot size 10,000 square feet). Written documentation previously provided to the City Council included MINUTES OF COUNCIL REGULAR MEETING – MAY 12, 2020 -3- information as follows: Back in 2015 when the City created the Residential Estate (RE) zone, the subject parcel along with other vacant parcels of 2 acres or more were rezoned by the City (application GPZ-1-2015) to one of the Agricultural zones as a type of holding zone with the anticipation of eventual development under the RE zone. At the same time, the City updated its housing standards. The reason for these changes was to encourage larger homes and larger lots on the relatively little remaining vacant land within the City. Prior to these changes, the subject property was zoned R-1-8. Along with the City initiated zone changes described above, the City also changed the ordinance to prohibit zone change applications to the R-1-7, R- 1-8, R-1-10 or R-1-12 zones unless the property was less than 2 acres. The reason this property was included in the City initiated rezone is that the parcel is over 2 acres. However, upon closer inspection, the property includes a private driveway extending to 4100 South that is just over 27’ wide by 601’ long. When the private driveway, which is unusable other than for a driveway, is excluded from the overall 2.35 acres, the remaining land is 1.985 acres. For this reason, staff believed the application warranted consideration. Mayor Bigelow opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 20-20, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) TO LOW DENSITY RESIDENTIAL (3 TO 4 UNITS/ACRE) FOR PROPERTY LOCATED AT 4625 WEST 4100 SOUTH ON 1.985 ACRES The City Council previously held a public hearing regarding proposed Ordinance 20-20 that would amend the General Plan to show a change of land use from large lot residential (2 to 3 Units/Acre) to low density residential (3 to 4 Units/Acre) for property located at 4625 West 4100 South on 1.985 acres. 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 20-20. Councilmember Buhler seconded the motion. MINUTES OF COUNCIL REGULAR MEETING – MAY 12, 2020 -4- A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ACTION: ORDINANCE NO. 20-21, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4625 WEST 4100 SOUTH ON 1.985 ACRES FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO R-1-10 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 10,000 SQUARE FEET) The City Council previously held a public hearing regarding proposed Ordinance 20-21 that would amend the zoning map to show a change of zone for property located at 4625 West 4100 South on 1.985 Acres from A (Agriculture, Minimum Lot Size 1/2 Acre) to R-1-10 (Single Unit Dwelling Residential, Minimum Lot Size 10,000 Square Feet). Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Ordinance 20-21. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ACTION: RESOLUTION NO. 20-53, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH CONDIE PROPERTIES, LC FOR APPROXIMATELY 2.38 ACRES OF PROPERTY LOCATED AT  MINUTES OF COUNCIL REGULAR MEETING – MAY 12, 2020 -5- APPROXIMATELY 4619 WEST 4100 SOUTH Mayor Bigelow presented proposed Resolution 20-53 that would authorize the City to enter into a Development Agreement with Condie Properties, LC for approximately 2.38 acres of property located at approximately 4619 West 4100 South. Written documentation previously provided to the City Council included information as follows: Scott Helm has submitted a General Plan/zone change application (GPZ-2- 2020) on 1.985 acres to change the zoning from A (Agriculture, minimum lot size ½ acre) to R-1-10 (single unit dwelling residential, minimum lot size 10,000 sq. ft.). The Planning Commission recommended approval of the General Plan/zone change subject to a development agreement. The City’s Zoning Ordinance requires that “All new Subdivisions involving a rezone of property, or a PUD, shall participate in a Development Agreement that addresses housing size, quality, exterior finish materials, Streetscapes, Landscaping, etc.” The development agreement simply states that the applicant will follow the City’s design standards. 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 Resolution 20-53. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 20-54: AUTHORIZE THE CITY TO ENTER INTO PROPERTY SCHEDULE NO. 21 OF THE MASTER TAX-EXEMPT LEASE/PURCHASE AGREEMENT WITH US BANCORP GOVERNMENT LEASING AND FINANCING, INC., WITH RESPECT TO A LEASE FOR THE PURCHASE OF INFORMATION TECHNOLOGY EQUIPMENT  MINUTES OF COUNCIL REGULAR MEETING – MAY 12, 2020 -6- Mayor Bigelow discussed proposed Resolution 20-54 that would authorize the City to enter into Property Schedule No. 21 of the Master Tax-Exempt Lease/Purchase Agreement with US Bancorp Government Leasing and Financing, Inc., with respect to a lease for the purchase of information technology equipment. Written documentation previously provided to the City Council included information as follows: Purchase of additional Datrium Storage and Fortigate Firewall for City Hall. The Lease is intended to last 3 years with semiannual payments with an interest rate of 2.00%. The City will own the equipment at the end of the lease term. US Bancorp Government Leasing and Finance, Inc. has provided a highly competitive leasing proposal for the purchase of this equipment. 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 20-54. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 20-55: APPROVE THE PURCHASE OF A FIREWALL, STORAGE CAPACITY, AND RELATED EQUIPMENT Mayor Bigelow discussed proposed Resolution 20-55 that would approve the purchase of a firewall, storage capacity, and related equipment. Written documentation previously provided to the City Council included information as follows: The existing Fortinet Firewall is over five years old, uses older technology, and  MINUTES OF COUNCIL REGULAR MEETING – MAY 12, 2020 -7- cannot update to current firmware releases. The City's main storage array, used by all of our servers, is running low on space. This Datrium Storage System stores 28TB of data. Expansion is required to keep the City's over 150 servers running. Formal bidding will not be required since we are expanding or upgrading existing manufacturers' equipment. Updating to the latest Fortinet Firewall 601E protects against cyber threats with high-powered security processors for optimized network performance, security efficacy, and deep visibility. After expansion, our Datrium Storage System will allow us to store 72 TB of data. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Fitisemanu moved to approve Resolution 20-55. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 20-56: AUTHORIZE THE CITY TO ACCEPT A PUBLIC SIDEWALK, LIGHTING, AND UTILITY EASEMENT FROM O ROYAL SOLUTIONS, LLC FOR PROPERTY LOCATED AT APPROXIMATELY 1331 WEST 3300 SOUTH Mayor Bigelow discussed proposed Resolution 20-56 that would authorize the City to accept a public sidewalk, lighting, and utility easement from O Royal Solutions, LLC for property located at approximately 1331 West 3300 South. Written documentation previously provided to the City Council included information as follows: Accept a Public Sidewalk, Lighting and Utility Easement from O Royal Solutions, LLC, a Utah limited liability company across property located at 1331 West 3300 South. This easement is required as part of the new  MINUTES OF COUNCIL REGULAR MEETING – MAY 12, 2020 -8- Highland Golf building to be located at the above referenced address. As part of the proposed development, the developer is required to construct public improvements in accordance with the 3500 South Overlay Zone which requires a wider parkstrip and sidewalk, along with sidewalk lighting. A Public Sidewalk, Lighting and Utility Easement was required to allow for construction and maintenance of the required public improvements. B. RESOLUTION 20-57: ACCEPT THE RELEASE OF CERTAIN DEED RESTRICTIONS ALONG THE RITER CANAL AT APPROXIMATELY 2550 SOUTH 7100 WEST Mayor Bigelow discussed proposed Resolution 20-57 that would accept the release of certain deed restrictions along the Riter Canal at approximately 2550 South 7100 West. Written documentation previously provided to the City Council included information as follows: WVC owns a long strip of land between the sidewalk and the Ritter canal just south of Beagley lane (2550 south 7100 West). Kennecott has long had a restrictive deed that prohibited the landscaping of this strip of land and also the transfer of the property to a private entity. This deed was put in place as a means to protect the Ritter canal that provides water to Kennecott. The Redevelopment Agency was approached by Freeport West who is interested in landscaping the strip of property as the main entrance to ARA industrial park. ARA provided a landscaping plan that would protect the canal but also dramatically improve the visual entrance into ARA. Kennecott agreed to amend the deed restriction based on what Freeport West is planning to do. C. RESOLUTION 20-58: AUTHORIZE THE CITY TO APPROVE A DELAY AGREEMENT WITH TOM HUYNH TO DELAY CERTAIN IMPROVEMENTS AT 1664 WEST MALVERN AVENUE Mayor Bigelow discussed proposed Resolution 20-58 that would authorize the City to approve a Delay Agreement with Tom Huynh to delay certain improvements at 1664 West Malvern Avenue, Written documentation previously provided to the City Council included information as follows: Tom Huynh has requested to delay the installation of off-site improvements at 1664 W Malvern Avenue as required by ordinance prior to issuance of a  MINUTES OF COUNCIL REGULAR MEETING – MAY 12, 2020 -9- building permit. Improvements include the installation of curb, gutter, sidewalk, and asphalt tie-in to the existing roadway. Presently, there are no existing adjoining roadway improvements along this property. Postponing the construction of the required improvements would allow time for additional development to provide similar adjoining improvements and would eliminate the creation of drainage problems. Mayor Bigelow noted that Councilmember Huynh is having technical difficulties but had wanted to express that this is his application and had wanted to declare a conflict of interest. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve the items on the consent agenda. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler 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, MAY 12, 2020 WAS ADJOURNED AT 6:49 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, May 12, 2020.  MINUTES OF COUNCIL REGULAR MEETING – MAY 12, 2020 -10- _______________________________ Nichole Camac, CMC City Recorder