City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – OCTOBER 1, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN STUDY SESSION ON TUESDAY, OCTOBER 1, 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: Paul Isaac, Acting City Manager/Assistant City Manager/HR Director Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Colleen Jacobs, Police Chief John Evans, Fire Chief Jeanette Carpenter, Acting Finance Director Russ Willardson, Public Works Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department Dan Johnson, Public Works Steve Pastorik, CED APPROVAL OF MINUTES OF STUDY MEETING HELD SEPTEMBER 24, 2019 The Council considered the Minutes of the Study Meeting held September 24, 2019. There were no changes, corrections or deletions. Councilmember Lang moved to approve the Minutes of the Study Meeting held September 24, 2019. Councilmember Fitisemanu seconded the motion. A voice vote was taken and all members voted in favor of the motion.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 1, 2019 -2- REVIEW AGENDAS FOR REGULAR CITY COUNCIL MEETING AND REDEVELOPMENT AGENCY MEETINGS OF OCTOBER 1, 2019 Councilmember Buhler stated that he would vote to approve the sign ordinance amendment scheduled on the Regular Meeting agenda as long as the sign is not increased in size, not modified in height, and not changed to electronic, etc. Councilmember Lang stated that her concern is location. She stated that a pole sign is not as offensive along 1-215 versus a major arterial such as 3500 South. Councilmember Lang noted that there is a significant elevation change in this area as well. Councilmember Buhler stated that the ordinance could possibly limit language to freeways. Councilmember Lang stated that there is a metro business sign along the 201 freeway that is a monument sign and is clearly visible but there is no elevation change. Councilmember Christensen stated that the pole sign is non- conforming due to the size of the property. Mayor Bigelow stated that currently the face of the sign can be changed but the shape of the sign cannot be changed. He indicated that he would be comfortable with modifying this to allow for a trademark sign as long as the sign maintains the overall same area. Councilmember Buhler stated that this would complicate the ordinance more. Councilmember Nordfelt stated that a new business owner cannot install a pole sign on a property under 2 acres. He expressed concern about missing the intent of the ordinance by modifying it to allow more exceptions. Councilmember Lang stated that she feels comfortable allowing for a change as proposed by Councilmember Buhler. Councilmember Buhler stated that he would suggest the language say “… a reasonable alteration that shall not increase the height, square footage, or type of sign.” Mayor Bigelow stated that he doesn’t like language that states “reasonable alternation” because he doesn’t want to create ambiguity in the Code. Councilmember Lang stated that she would rather the Council pass the ordinance tonight and feels the majority of Council agreed with the intent of the potential motion suggested by Councilmember Buhler. Paul stated that he would be concerned about changing the code without fully understanding how it would impact policy and would request that Nicole Cottle, CED Director, clarify. Nicole stated that the sign ordinance is a first amendment issue and she would suggest that the Council not tie any changes to “trademark” as this regulates content. She indicated that she feels the language suggested by the Council appears to be okay. Staff and the Council discussed the Code as it relates to non-conforming pole signs both citywide and only freeway-oriented. Councilmember Christensen asked how many signs this change could potentially impact. Nicole replied that she is unsure offhand but noted that staff could determine this. Councilmember Christensen expressed concern that the applicant has stated that this pole sign would be removed in four years. Councilmember Nordfelt agreed and stated that the ordinance change opens the door for many other businesses as well. 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 and Redevelopment Agency Meeting scheduled later this night.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 1, 2019 -3- AWARDS, CEREMONIES, AND PROCLAMATIONS SCHEDULED FOR OCTOBER 8, 2019 A. PROCLAMATION DECLARING OCTOBER 8, 2019 AS NO CHILD GOES HUNGRY DAY IN WEST VALLEY CITY Mayor Bigelow indicated that he will read the Proclamation declaring October 8, 2019 as No Child Goes Hungry Day in West Valley City at the Regular City Council meeting scheduled October 8, 2019 at 6:30 PM. He added that there will be a ceremonial picture taking and signing. B. UTAH APWA STORM WATER INSPECTOR AWARD PRESENTATION TO RANDY PETERSEN Mayor Bigelow indicated that APWA will present Randy Petersen with the Storm Water Inspector Award at the Regular City Council Meeting scheduled October 8, 2019 at 6:30 PM. RESOLUTION 19-127: APPROVE THE PURCHASE OF AN EOD SUIT FROM MED-ENG, LLC John Evans, Fire Chief, presented proposed Resolution 19-127 that would approve the purchase of an EOD Suit from Med-Eng, LLC. Written documentation previously provided to the City Council included information as follows: The EOD suit which we are purchasing is replacing one of the suits which our team currently utilizes. The suits have a shelf life and at end of life they are determined to not be safe to go down range and disrupt or take care of explosive items. With this purchase we will be able to maintain two suits for the team. West Valley City is part of a statewide bomb team and is eligible for certain grant funding for safety equipment. Once we purchase the suit the State of Utah will reimburse the entire amount for the equipment. Councilmember Buhler stated that he thought this type of use would be related to the Police Department. Chief Evans replied it is a combination of both departments. Councilmember Lang asked if robots are utilized. Chief Evans replied yes. Councilmember Buhler stated he hopes these don’t have to be used often and is thankful it is being paid for with other funds. Councilmember Lang noted this is something that expires and has to be replaced. The City Council will consider Ordinance 19-127 at the Regular Council Meeting scheduled October 8, 2019 at 6:30 P.M.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 1, 2019 -4- RESOLUTION 19-128: APPROVE THE PURCHASE OF STREETLIGHTS FROM MOUNTAIN STATES LIGHTING Dan Johnson, Public Works, presented proposed Resolution 19-128 that would approve the purchase of streetlights from Mountain States Lighting. Written documentation previously provided to the City Council included information as follows: West Valley City is reconstructing 4100 South between Bangerter Highway and 5460 West. Included with the project is the installation of 70 new street lights. Mountain States Lighting is the supplier for the city standard street lights. Mountain States provides a substantial savings if the city purchases lighting products directly and supplies them to the contractor. This resolution is for the purchase of seventy acorn style light poles and fixtures for use in the project. The total cost for the lights is $134,260. The cost of these lights has been included in the budget planning process for this project. Mayor Bigelow asked if these are LED. Dan replied yes. Mayor Bigelow asked if the City has thought about switching from acorn lights. Russ replied that the City would recommend staying with these lights. He noted that there is a cap that reduces light from shining upward. Mayor Bigelow stated that there are also shields that help light shine onto the street. The City Council will consider Resolution 19-128 at the Regular Council Meeting scheduled October 8, 2019 at 6:30 P.M. RESOLUTION 19-129: AUTHORIZE THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN WEST VALLEY CITY AND THE GREATER SALT LAKE MUNICIPAL SERVICES DISTRICT FOR THE RECONSTRUCTION OF 4700 SOUTH Dan Johnson, Public Works, presented proposed Resolution 19-129 that would authorize the execution of an Interlocal Agreement between West Valley City and the Greater Salt Lake Municipal Services District for the reconstruction of 4700 South. Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 1, 2019 -5- In 2015, West Valley City and Salt Lake County executed a federal aid agreement that enabled the city and county to access federal funds programmed for the 4700 South Reconstruction project. The City and the County also executed an interlocal cooperation agreement to define cost sharing arrangements associated with the project. After completing the environmental document, it became apparent that the project was underfunded for the proposed scope, and the City and the County put the project on hold to seek additional funds. Original project funds totaled approximately $8 million. New funding totals approximately $16 million in federal aid and other funds. Since the execution of the original agreements, the County Council created the MSD and the Kearns Metro Township came to be. The MSD recently executed a new Federal Aid Agreement, replacing and superseding the previous FAA, capturing the new funding totals. Under the FAA, the project gains access to the federal funds and other design and construction agreements will be executed under the umbrella of the FAA. Under this Interlocal Cooperation Agreement, the MSD and West Valley City agree to work together on the execution of the project. Approximately ¼ of the project area falls within the jurisdiction of West Valley City. Through this agreement, the City and MSD agree to share the federal funds proportionally, and to pay matching funds and any overrunning costs proportionally. Under this agreement, the city agrees to pay up to a total of $500,000. This agreement will be amended if additional funds are necessary. Because of the use of federal transportation funds, the project will be administered through UDOT. Currently, an engineering design consultant selection procurement process is taking place. It is anticipated that design will begin in the coming months. Construction is tentatively scheduled for spring of 2021. Councilmember Buhler asked what the project encompasses. Dan replied there will be reconstruction and some widening. He stated additional lanes, center lanes, and bike lanes will be added in certain locations and the road will be reconstructed along the entire proposed area. Dan noted that staff is hoping construction will be completed in one construction season, beginning Spring 2021. Councilmember Lang stated that she recalls a proposed Michigan U-Turn near the Uhaul and Gas Station on 4700 S and 4000 W and questioned if this will still occur. Dan replied no. He stated that the bridge over the canal will be rebuilt and the railroad crossing near 5600 West will be reconstructed as well. Dan detailed traffic flow patterns for 4700 South. He indicated that the City will work cooperatively on this project with MSD and Salt Lake County Engineering (who represent Kearns Metro Township). Councilmember Buhler asked if this project will begin when 4100 South is completed. Dan replied yes and noted that the projects won’t be worked on at the same time.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 1, 2019 -6- The City Council will consider Resolution 19-129 at the Regular Council Meeting scheduled October 8, 2019 at 6:30 P.M. RESOLUTION 19-130: AUTHORIZE THE CITY TO APPROVE A DELAY AGREEMENT WITH WASATCH CLEAN ENERGY, LLC TO DELAY CERTAIN IMPROVEMENTS AT 2265 SOUTH 5650 WEST Dan Johnson, Public Works, presented proposed Resolution 19-130 that would authorize the City to approve a Delay Agreement with Wasatch Clean Energy, LLC to delay certain improvements at 2265 South 5650 West. Written documentation previously provided to the City Council included information as follows: Wasatch Clean Energy LLC has requested to delay the installation of off-site improvements on 2265 South 5650 West as required by ordinance for their proposed site improvements. Improvements include the installation of curb, gutter, sidewalk and asphalt tie-in to the existing roadway. The applicant will be required to install asphalt pavement in the center of the roadway as no improvements currently exist on 5650 West. Presently, there are no existing adjoining 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. Councilmember Lang asked if the City intends to install asphalt at the same time. Dan replied that the City will coordinate with the applicant and do something at the same time. Councilmember Buhler asked if this is a project where the delay agreements could potentially be called. Dan replied yes. The City Council will consider Resolution 19-130 at the Regular Council Meeting scheduled October 8, 2019 at 6:30 P.M. COMMUNICATIONS A. ACCESSORY DWELLING UNIT DISCUSSION Steve Pastorik, CED, presented a PowerPoint presentation summarized as follows: - ADU Ordinance History o On 5/17/2016, the Council approved resolution 16-81 directing “staff to prepare an ordinance permitting the development of accessory dwelling units on appropriate properties…” MINUTES OF COUNCIL STUDY MEETING – OCTOBER 1, 2019 -7- o On 7/19/2016, the Council considered ordinance 16-33 to allow accessory dwelling units under certain conditions. The Council continued the ordinance to a date uncertain. - Summary of Ordinance 16-33 o On 5/17/2016, the Council approved resolution 16-81 directing “staff to prepare an ordinance permitting the development of accessory dwelling units on appropriate properties…” o On 7/19/2016, the Council considered ordinance 16-33 to allow accessory dwelling units under certain conditions. The Council continued the ordinance to a date uncertain. - Utah Accessory Dwelling Use Survey o Steve displayed a map indicating location of participating cities, towns, and counties o Does your City permit accessory dwelling units in 1 or more zones?  36.96%- no  63.04%- yes o If ADU’s are permitted, approximately what percentage of zones allow them?  1-25%/ 19.30%  25-50%/15.79%  50-75%/12.28%  75-100%/ 52.63% o Displayed a graph indicating what type of ADU’s are permitted  Almost 60% detached  Almost 80% attached  Almost 20% other o Displayed a graph with responses to how many are allowed in zone Councilmember Buhler asked how many parking stalls the City required in the original proposed ordinance. Steve replied one. Mayor Bigelow stated that he is concerned that there are a lot of ADU’s that are constructed without licensing and approval and likely don’t meet safety standards. He noted that he has seen many of these types of units throughout the City. Mayor Bigelow stated that he is concerned about creating an ordinance that would allow more of these types of units but also feels that an ordinance may help some that are illegal come into compliance. Councilmember Lang stated that the original proposed ordinance restricted how many there could be and in what locations. She added that many Cities are open to ADU’s due to the increase in homelessness and the need for affordable housing and indicated that it may be time for the City to revisit a possible ordinance. Mayor  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 1, 2019 -8- Bigelow stated that parking and traffic is a significant concern in neighborhoods, and he worries that ADU’s would increase this problem. He noted that one parking stall per unit doesn’t make sense in the environment that exists today where families have multiple vehicles per household. Mayor Bigelow stated he would be interested in finding out how the City can gain more control in regulating ADU’s. Steve stated that the City recently passed an ordinance related to boarding homes that is similar to this issue. Mayor Bigelow stated that he prefers ADU’s over boarding homes because units are completely separate, and health and safety standards seem to be clearer and make more sense. Mayor Bigelow asked if requiring a property owner to live on site in an ADU scenario is enforceable. Steve replied it is difficult but other cities have utilized deed restrictions. He explained some of the difficulties that occur with enforcing this. Councilmember Buhler stated that he feels it’s a reasonable compromise to require a property owner to live on site, so they are not renting two separate units to two different families. Mayor Bigelow agreed. Councilmember Buhler stated that there are some people who would want to comply with the law if an ADU ordinance were in place. Mayor Bigelow stated that the Council would like more information that includes comparison to other Cities, information on what type of pressure there is in relation to the ADU movement, and information on whether this type of change makes sense for West Valley City at this time. He noted that he could see smaller homes and properties wanting ADU’s more. Councilmember Fitisemanu stated that he would be open to adopting something. Mayor Bigelow stated that he isn’t ready for a proposal but would like to see what trends there are and would like to understand if this is a problem existing in the City. Ordinance 19-40/ Sign Ordinance Nicole Cottle, CED Director, stated that staff has further discussed Ordinance 19-40 scheduled on the Regular City Council meeting at 6:30 PM. She stated that based on the conversation held by Council and the direction given, staff would recommend striking lines 36-39 and modifying line 33 and 34 to state “…overall, height, size, shape, and square footage shall not be increased, nor shall the type be changed.” She stated that she feels this accomplishes the goal of the Council as expressed in the earlier conversation but noted that she has not confirmed with the applicant if this will meet their need. Barbara Riddle, ChamberWest, stated that the applicants sign is actually smaller in square footage so the proposed change would meet the needs of the applicant. She distributed an image of the sign proposed sign. B. COUNCIL CALENDAR Mayor Bigelow referenced a Memorandum previously received from the City Manager that outlined upcoming meetings and events.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 1, 2019 -9- Members of the City Council had no further questions regarding the Council Update. NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS Council Suggestions Councilmember Fitisemanu stated that he was approached by a young resident of the City who would like the Council to pass a resolution in support of the Granite Symphony. Mayor Bigelow suggested a letter signed by himself on behalf of the Council. B. COUNCIL REPORTS COUNCILMEMBER FITSEMANU- CENSUS Councilmember Fitisemanu stated that he met with the census group. He indicated progress has been great and he is hopeful for a great count in West Valley City. MOTION TO ADJOURN Upon motion by Councilmember Buhler all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY OCTOBER 1, 2019 WAS ADJOURNED AT 6:01 PM BY MAYOR BIGELOW. 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, October 1, 2019. _______________________________ Nichole Camac, CMC City Recorder