City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, AUGUST 25, 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 Jake Fitisemanu, Councilmember District 4 ABSENT: Karen Lang, Councilmember District 3 STAFF PRESENT ELECTRONICALLY: Paul Isaac, Acting City Manager 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 Steve Pastorik, CED Dan Johnson, CED INSIDE THE POLICE DEPARTMENT VIDEO SERIES A video providing information about the Police Department was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD AUGUST 18, 2020 The Council considered the Minutes of the Regular Meeting held August 18, 2020. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -2- Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held August 11, 2020. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock indicated that he is a member of the Clean and Beautiful Committee and noted that he recently awarded 6 awards for beautiful yards in his designated area. He indicated that he noticed significant Code Enforcement issues in the area and suggested a greater focus. B. CITY MANAGER COMMENTS Paul Isaac, Acting 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 UPDATES TO TITLE 18, TITLE 19, TITLE 20, AND TITLE 1 OF THE WEST VALLEY CITY MUNICIPAL CODE AND PROPOSED UPDATES TO ENGINEERING STANDARDS Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 25, 2020, in order for the City Council to hear and consider public comments regarding updates to Title 18, Title 19, Title 20, and Title 1 of the West Valley City Municipal Code and proposed updates to engineering standards. 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. 20-32, REPEAL AND REENACT TITLE 18 OF THE WEST VALLEY CITY MUNICIPAL CODE The City Council previously held a public hearing regarding proposed Ordinance 20-32 that would repeal and reenact Title 18 of the West Valley City Municipal Code. Written documentation previously provided to the City Council included information as follows: In February 2020, the State Division of Water Quality issued a new 5-year UPDES Permit to the Jordan Valley Municipalities, including West Valley City. This permit allows the City to discharge storm water to waters of the MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -3- State. New provisions of the permit compel the City to modify its Storm Water Management Plan, Engineering Standards, and Title 18 Storm Water Management, of the City Code. This revision to Title 18 brings the Code into compliance with the permit and into agreement with the other documents. To better imitate pre-development runoff, the new permit requires new development projects to manage rainfall on-site to prevent off-site runoff from all rainfall events less than or equal to the 80th percentile rainfall event. The details of this requirement are included in the Engineering Standards. Sections of the code which previously prohibited on-site storm water retention and ponding have been revised accordingly. The verbiage in the code was reduced significantly by eliminating obsolete and outdated sections, consolidating similar sections and reorganizing into more logical chapters. The new Title 18 points contractors, developers and others to the Engineering Standards for specific requirements relating to storm drainage design, construction and use. All the prohibitions and penalties for illicit discharge to the storm drainage system remain intact. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to approve Ordinance 20-32. Councilmember Christensen 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: ORDINANCE NO. 20-33, REPEAL AND REENACT TITLE 19 OF THE WEST VALLEY CITY MUNICIPAL CODE MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -4- The City Council previously held a public hearing regarding proposed Ordinance 20-33 that would repeal and reenact Title 19 of the West Valley City Municipal Code. Written documentation previously provided to the City Council included information as follows: This ordinance has not changed significantly since the City incorporated. A major rewrite was needed to eliminate obsolete and outdated requirements. The impetus to make this change now is the proposed adoption of updated Engineering Division Standards. New state storm water requirements necessitated changes to the Engineering Standards, which prompted an update to Title 19. Chapter 1 of Title 19 relating to railroads has been deleted. Railroad crossings are under the jurisdiction of the State of Utah through the Department of Transportation. Street and sidewalk design and construction standards have been deleted from the ordinance and are now included in the Engineering Division Standards. Bond and insurance requirements for contractors working within West Valley City Rights-of-Way have been updated. Minimum bond and insurance amounts remain at $10,000 and $100,000, but the Engineering Division will now have authority to require a higher completion bond sufficient to guarantee proper restoration of the Right-of-Way, and insurance equal to the maximum aggregate liability in the Governmental Immunity Act for larger projects on major streets. 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 20-33. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -5- Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ACTION: ORDINANCE NO. 20-34, AMEND 20-7-102, 20-7-107, AND 20-7- 110 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND REGULATIONS GOVERNING THE CITY'S STORM WATER UTILITY The City Council previously held a public hearing regarding proposed Ordinance 20-33 that would amend 20-7-102, 20-7-107, and 20-7-110 of the West Valley City Municipal Code to amend regulations governing the City's storm water utility. Written documentation previously provided to the City Council included information as follows: In February 2020, the State Division of Water Quality issued a new 5-year UPDES Permit to the Jordan Valley Municipalities, including West Valley City. This permit allows the City to discharge storm water to waters of the State. New provisions of the permit compel the City to modify its Storm Water Management Plan, Engineering Standards, and Title 18 Storm Water Management, of the City Code. The changes in Title 20’s provisions concerning storm water rates are made in order to comply with the new permit. Other changes were also made to make Title 20 compatible with the updates elsewhere in the City Code and in the Engineering Standards. 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 Ordinance 20-34. Councilmember Nordfelt 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 MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -6- Unanimous. ACTION: ORDINANCE NO. 20-35, AMEND SECTION 1-2-110 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN PUBLIC WORKS DEPARTMENT FEES The City Council previously held a public hearing regarding proposed Ordinance 20-35 that would amend Section 1-2-110 of the West Valley City Municipal Code to amend certain Public Works Department fees. Written documentation previously provided to the City Council included information as follows: The Public Works Department is responsible for the administration of right- of-way permits for utility companies and property owners doing work in the public right of way. The current fee structure has not been updated in many years, and fees collected by the city do not cover the cost to administer the program. This change adjusts the fee collected for inspection and administration of right-of-way permits. A major change includes the addition of a “Peak Hour Lane Closure” fee assessed on major roads, to encourage construction work to be done during times that will have a lesser impact to the traveling public. The new fee includes an age-based asphalt damage fee, to discourage the excavation in newer pavements. 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 Ordinance 20-35. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -7- Mayor Bigelow Yes Unanimous. ACTION: RESOLUTION NO. 20-135, ADOPT REVISIONS TO THE WEST VALLEY CITY ENGINEERING STANDARDS The City Council previously held a public hearing regarding proposed Resolution 20-135 that would adopt revisions to the West Valley City Engineering Standards. Written documentation previously provided to the City Council included information as follows: The Engineering Division of the Public Works Department has developed the Engineering Standards to ensure quality and uniform construction of public improvements in West Valley City. The Engineering Standards were last modified and adopted by the City Council on January 9, 2018. Changes to these standards are periodically recommended to improve construction practices on public infrastructure. A summary of major changes being proposed is included in the information packet given to the Council. Some of these standards are being recommended to improve the construction quality and durability of public infrastructure, while others are being recommended to conform to requirements being placed upon the city by the State of Utah under the new MS4 Permit. 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 Resolution 20-135. Councilmember Fitisemanu 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 MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -8- Unanimous. ACTION: RESOLUTION 20-136: ADOPT THE 2020-2025 STORM WATER MANAGEMENT PLAN The City Council previously held a public hearing regarding proposed Resolution 20-136 that would adopt the 2020-2025 Storm Water Management Plan. Written documentation previously provided to the City Council included information as follows: West Valley City is permitted through the Utah Department of Environmental Quality to discharge municipal storm water runoff to waters of the state under the Utah Pollutant Discharge Elimination System. The permit term is normally five years (previous permit term was 2013-2018 but was extended to 2020). The new permit term is 2020-2025. The permit requires the city to handle storm water pollution prevention by addressing the following six minimum control measures in the Storm Water Management Plan: 1) Public Education and Outreach on Storm Water Impacts 2) Public Involvement/Participation 3) Illicit Discharge Detection and Elimination 4) Construction Site Storm Water Runoff Control 5) Long-Term Storm Water Management on New and Redevelopment Projects 6) Pollution Prevention and Good Housekeeping on Municipal Operations New requirements are normally placed upon the city with each permit renewal cycle, and the city is required to address the changing demands in a revision of the Storm Water Management Plan to address changing permit requirements. The Public Works Department collaborated with the various internal divisions along with the Parks Department to develop this new plan. This resolution is before the council to formally adopt the city’s Storm Water Management Plan. Implementation of the Storm Water Management Plan, particularly changes to drainage related development requirements Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -9- Councilmember Christensen moved to approve Resolution 20-136. Councilmember Buhler 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. RESOLUTION 20-137: APPROVE AN INTERLOCAL AGREEMENT WITH SALT LAKE COUNTY TO PARTICIPATE AS CO-PERMITTEES UNDER THE JORDAN VALLEY MUNICIPALITIES MS4 PERMIT Mayor Bigelow discussed proposed Resolution 20-137 that would approve an Interlocal Agreement with Salt Lake County to participate as Co-Permittees under the Jordan Valley Municipalities MS4 Permit. Written documentation previously provided to the City Council included information as follows: West Valley City is required to obtain a permit from the State of Utah, Department of Environmental Quality, for authorization to discharge municipal storm water runoff to waters of the state under the Utah Pollutant Discharge Elimination System. Due to the interconnected nature of the drainage systems, the city is a co- permittee with other cities in Salt Lake County, collectively referred to in the permit as “Jordan Valley Municipalities” under UPDES Permit No. UTS000001. West Valley City first became a co-permittee with Salt Lake County in 2003, and has subsequently renewed that agreement. Under this agreement, the city and county agree to implement and enforce the requirements of the state permit within their respective jurisdictional boundaries. The cities also agree to share information among each other to assist in permit compliance. The City agrees to pay for costs relating to its own storm water systems. The City and the County jointly agree that they will reimburse each other for expenses incurred in providing services to each other. The City will pay the County for a public education and involvement campaign as set forth in the existing 2017-2022 UPDES Media Campaign agreement.  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -10- The agreement terminates on February 25, 2025, corresponding with the expiration of the MS4 permit term, at which point it is anticipated to be renewed. 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 20-137 Councilmember Christensen 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. NEW BUSINESS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-4-2020, FILED BY JEFFREY AND KRISTINE NAYLOR, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO BRP (BUSINESS RESEARCH PARK) ON PROPERTY LOCATED AT 1078 WEST PARKWAY AVENUE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 18, 2020, in order for the City Council to hear and consider public comments regarding application Z-4-2020, filed by Jeffrey and Kristine Naylor, requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to BRP (Business Research Park) on property located at 1078 West Parkway Avenue. Written documentation previously provided to the City Council included information as follows: Jeffrey and Kristine Naylor have requested a zone change for a portion of a parcel at 1078 West Parkway Avenue from A (agriculture, minimum lot size ½ acre) to BRP (business/research park). After excluding the east 37’, the property proposed for rezoning is 0.8 acre. The subject property is designated as business park in the West Valley City General Plan. MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -11- Surrounding zones include A to the south, east and a portion of the north and BRP to the west and the remaining north portion. Surrounding land uses include the applicant’s home to the east, the Khadeeja Islamic Center to the south, Metro Business Park buildings to the west and a portion of the north, and a Salt Lake County park for the remaining north portion. The property is currently vacant. The applicant has submitted a concept plan that shows a 6,000 square foot cabinet assembly plant and warehouse building. Also included is a letter from the applicants. Since the proposed building will include a light industrial use, the City’s commercial design standards will apply. Curb, gutter and sidewalk will be required along the property frontage as part of the site plan approval process. Mayor Bigelow noted that a Public Hearing had already been opened and closed on this item. ACTION: ORDINANCE NO. 20-29, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 1078 WEST PARKWAY AVENUE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO BRP (BUSINESS RESEARCH PARK) The City Council previously held a public hearing regarding proposed Ordinance 20-29 that would amend the zoning map to show a change of zone for property located at 1078 West Parkway Avenue from A (Agriculture, Minimum Lot Size 1/2 Acre) to BRP (Business Research Park). 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 continue Ordinance 20-29 until all Councilmembers are in attendance. Councilmember Nordfelt 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  MINUTES OF COUNCIL REGULAR MEETING – AUGUST 25, 2020 -12- Unanimous. Continued. 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 REGULAR MEETING OF TUESDAY, AUGUST 25, 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, August 25, 2020. _______________________________ Nichole Camac, CMC City Recorder