City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 24, 2020 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, NOVEMBER 24, 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 (arrived a Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 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 INSIDE THE CITY VIDEO SERIES A video providing information about the Fire Department was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD NOVEMBER 17, 2020 The Council considered the Minutes of the Regular Meeting held November 17, 2020. There were no changes, corrections or deletions.  MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 24, 2020 -2- Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held November 17, 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 wished the Mayor and Council a Happy Thanksgiving. 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 ZT-7-2020, FILED BY WEST VALLEY CITY, REQUESTING A ZONE TEXT CHANGE TO CREATE THE CHESTERFIELD OVERLAY ZONE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled November 24, 2020, in order for the City Council to hear and consider public comments regarding Application ZT-7-2020, filed by West Valley City, requesting a Zone Text Change to create the Chesterfield Overlay Zone. Written documentation previously provided to the City Council included information as follows: At the request of the Planning Commission and City Council, City staff is requesting a zone text change to create the Chesterfield Overlay Zone. Related to this application is application Z-8-2020, which applies the proposed overlay zone to the Chesterfield neighborhood. The Chesterfield neighborhood is unique in that homes within the neighborhood are generally older and smaller than most of the rest of the City and many of the neighborhood streets do not include curb, gutter and sidewalk. The attached presentation includes information that highlights ways that the Chesterfield neighborhood is unique. The proposed Chesterfield Overlay Zone includes standards for new development that will allow new homes that are more compatible with existing homes. Included with this issue paper is a table that compares the proposed overlay zone standards with the current ordinance requirements. Also included is an email received from a resident of the Chesterfield neighborhood.  MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 24, 2020 -3- Mayor Bigelow opened the Public Hearing. Chris Young clarified that this would keep Chesterfield unique and would not create “cookie cutter” subdivisions. He asked if mother-in-law units can be built on a single property. Steve Pastorik, CED, replied no. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 20-47, AMEND SECTIONS 7-11-212 AND 7- 11-214 AND ENACT PART 7-14-700P OF THE WEST VALLEY CITY MUNICIPAL CODE TO CREATE THE CHESTERFIELD OVERLAY ZONE The City Council previously held a public hearing regarding proposed Ordinance 20-47 that would amend Sections 7-11-212 and 7-11-214 and enact part 7-14-700P of the West Valley City Municipal Code to Create the Chesterfield Overlay Zone. 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 20-47. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-8-2020, FILED BY WEST VALLEY CITY, REQUESTING A ZONE CHANGE ON PROPERTY LOCATED GENERALLY BETWEEN 2420 SOUTH AND 2920 SOUTH AND BETWEEN 1680 WEST AND THE JORDAN RIVER TO ADD THE CHESTERFIELD OVERLAY ZONE MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 24, 2020 -4- Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled November 24, 2020, in order for the City Council to hear and consider public comments regarding Application Z-8-2020, filed by West Valley City, requesting a Zone Change on property located generally between 2420 South and 2920 South and between 1680 West and the Jordan River to add the Chesterfield Overlay Zone. . Written documentation previously provided to the City Council included information as follows: Staff has requested a zone change to add the proposed Chesterfield Overlay Zone to properties located between 2420 South and 2920 South and between 1680 West and the Jordan River. Associated with this application is application ZT-7-2020 which creates the proposed Chesterfield Overlay Zone within the Zoning Ordinance. If approved, the proposed overlay zone would apply to 493 parcels. The underlying zoning on all of these parcels is either R-1-6 (single unit dwelling residential, minimum lot size 6,000 sq. ft.) or A (agriculture, minimum lot size ½ acre). Those properties with A zoning will retain their animal rights if the overlay zone is adopted. The proposed overlay zone will apply to all new homes and additions to existing homes. The overlay zone standards address housing design and right-of-way improvements. It does not change allowed uses, setbacks or density regulations. 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. 20-48, AMEND THE ZONING MAP TO ADD THE CHESTERFIELD OVERLAY ZONE FOR PROPERTIES LOCATED GENERALLY BETWEEN 2420 SOUTH AND 2920 SOUTH AND BETWEEN 1680 WEST AND THE JORDAN RIVER The City Council previously held a public hearing regarding proposed Ordinance 20-48 that would amend the Zoning Map to add the Chesterfield Overlay Zone for properties located generally between 2420 South and 2920 South and between 1680 West and the Jordan River. 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 NOVEMBER 24, 2020 -5- Councilmember Lang moved to approve Ordinance 20-48. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. ORDINANCE 20-49: AMEND SECTIONS 1-2-110 AND 20-7-102 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN STORM WATER UTILITY FEES Mayor Bigelow discussed proposed Ordinance 20-49 that would amend Sections 1-2-110 and 20-7-102 of the West Valley City Municipal Code to amend certain storm water utility fees. Written documentation previously provided to the City Council included information as follows: This ordinance modifies the Consolidated Fee Schedule to increase Storm Water Utility (SWU) fees from $4.00 to $6.00 per month per Equivalent Residential Unit (ERU) for most SWU customers. An adjustment is also made in the definition of one Equivalent Residential Unit, which increases the impervious area equal to one ERU from 2,830 square feet to 3,163 square feet. New revenue generated from this fee increase would be used for capital improvements, and associated design and construction management costs. An analysis has been completed on all needed capital improvement projects, including the piping of existing open ditches, replacement of old corrugated metal pipe, and upgraded storm drains to alleviate street flooding. Assuming 4% annual cost increases, the historical storm water capital improvement budget of $1 million annually, leaves $58 million in uncompleted projects in 2050. It has been 15 years, since this fee was adjusted. We have fallen behind in funding storm drainage capital improvements and replacements. Since this fee  MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 24, 2020 -6- was last increased, the RSMeans Construction Cost Index has increased over 50%. The condition of the storm drain system will continue to deteriorate without additional funds. The proposed fee increase generates an additional $1.5 million in new revenue annually. Combined with the current annual CIP budget, this new revenue is sufficient to complete all anticipated improvements by 2043. All projects and the proposed funding year are shown on the attached list. Currently all operation and maintenance costs are covered in the existing budget. The above scenarios do not account for increased operational costs. Additional fee increases will be needed in the future, as those costs increase. Since inception of the Storm Water Utility in 2001, storm water utility fees and flood control impact fees have been the only funding sources for storm water operations and capital improvements. Without the Storm Water Utility, this cost would fall back to the General Fund. Most Utah cities now charge a Storm Water Utility fee. For the 12 cities surveyed, West Valley City has the lowest fee at $4.00 per month. Provo has the highest fee at $10.75 per month. The average fee is $6.77 per month. See attached bar chart. A 50% increase in fees ($4 to $6 per month) is significant for the largest Storm Water Utility customers. A reevaluation of the impervious area equal to one ERU was done as part of this fee analysis. This increased the area equivalent to one ERU from 2,830 SF to 3,163 SF. The result is the number of ERUs per site (and subsequently the fee) decreases for non-residential uses. Instead of a 50% increase on a $2 per month fee change, non-residential parcels would see a 34% increase. Adjusting these fees now, with an effective date of July 1, 2021, allows large Storm Water Utility customers to plan for the increased fees. Councilmember Buhler stated that these funds are restricted in their use. He indicated that these fees haven’t been adjusted in many years and they are an important source for the City. 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 20-49.  MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 24, 2020 -7- Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 20-177: APPROVE THE PURCHASE OF A VARIABLE SPEED WATER PUMP STATION FOR THE STONEBRIDGE GOLF COURSE Mayor Bigelow discussed proposed Resolution 20-177 that would approve the purchase of a variable speed water pump station for the Stonebridge Golf Course. Written documentation previously provided to the City Council included information as follows: West Valley City solicited proposals for the replacement of the variable speed water pump station for the Stonebridge Golf Club. The pump station is of utmost importance as, without it, the course would not have an irrigation system and the turf as well as other plants would perish. Four companies responded with Flowtech being selected. Parks and Recreation publicly advertised for proposals for the replacement of the variable speed water pump station for the Stonebridge Golf Club. The current pump station is the original unit and is over 20 years old. There have been numerous problems with the current station including excessive rusting that will no longer allow welding repair work to be done. Affected areas include the filters and main manifold as well as deterioration of the metal floor. The system’s electronics and computer are also original units that are outdated to the point that technicians cannot utilize their sensors to diagnose problems. The RFP was posted on the West Valley City website, in the newspaper, on bid sites and several companies were contacted by staff. The proposals were evaluated and compared against each other in a matrix format by a qualified committee.  MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 24, 2020 -8- Evaluation criteria included price, warranty, timeline and adherence to specifications. The four proposals submitted are as follows: Flowtech: $274,635 A.P.E.: $277,134.11 Double D: $306,855 Van Con: $563,800 Out of these proposals, Flowtech was the lowest responsible bidder. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Huynh moved to approve Resolution 20-177. Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 20-178: AUTHORIZE THE CITY TO ACCEPT A STORM DRAIN EASEMENT AND RELEASE A STORM WATER DRAINAGE EASEMENT Mayor Bigelow discussed proposed Resolution 20-178 that would authorize the City to accept a Storm Drain Easement and release a Storm Water Drainage Easement. Written documentation previously provided to the City Council included information as follows: In 2005 a Storm Water Drainage Easement was recorded in favor of West Valley City over properties lying to the north of Condie Estates No. 3. Condie Properties, LLC has recently recorded a Storm Drain Easement in favor of West Valley City over and across a private lane owned by Condie  MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 24, 2020 -9- Properties, LLC and known as Condie Lane. As the existing Storm Water Drainage Easement will no longer be needed, it needs to be abandoned and released. Condie Properties, LLC is the developer of the proposed Phil’s Farm Subdivision. The proposed subdivision will create seven residential lots and extend the dedication of Old Farm Court (4625 West) which will terminate with a cul-de-sac. As part of required improvements for the proposed subdivision a storm drain line will be constructed from the end of the cul-de-sac east to the northeast corner of the subdivision and north through Condie Lane to the storm drain in 4100 South. With the construction of the new storm drain piping and recording of the new storm drain easement, the existing Storm Water Drainage Easement is no longer needed. As the easement is no longer necessary, an Abandonment of Storm Water Drainage Easement has been prepared for approval by the West Valley City Council and execution by the Mayor. 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 20-178 Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. 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, NOVEMBER 24, 2020 WAS ADJOURNED AT 7:15 P.M. BY MAYOR BIGELOW.  MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 24, 2020 -10- 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, November 24, 2020. _______________________________ Nichole Camac, CMC City Recorder