City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN STUDY SESSION ON TUESDAY, OCTOBER 22, 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 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 (arrived as noted) Jake Fitisemanu, Councilmember District 4 (arrived as noted) ABSENT: Tom Huynh, Councilmember District 1 STAFF PRESENT: Wayne T Pyle, City Manager Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Colleen Jacobs, Police Chief Chris Beichner, Acting Fire Chief Jim Welch, Finance Director Willy Moon, Acting CPD Director Russ Willardson, Public Works Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department Steve Pastorik, CED APPROVAL OF MINUTES OF STUDY MEETING HELD OCTOBER 15, 2019 The Council considered the Minutes of the Study Meeting held October 15, 2019. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Study Meeting held October 15, 2019. Councilmember Buhler seconded the motion.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -2- A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDA FOR REGULAR CITY COUNCIL MEETING OF OCTOBER 22, 2019 Mayor Bigelow noted that additional documentation had been added to the Council packets regarding parking and ICO comparison numbers for the Sage Valley Development Agreement. Upon inquiry by Mayor Bigelow, members of the Council had no further questions or concerns regarding items listed on the Agenda for the Regular City Council Meeting scheduled later this night. AWARDS, CEREMONIES, AND PROCLMATIONS SCHEDULED FOR NOVEMBER 12, 2019 A. EMPLOYEE OF THE MONTH AWARD, NOVEMBER 2019- TYSON EMMETT, IT DEPARTMENT Councilmember Christensen offered to read the nomination of Tyson Emmett, IT Department, to receive Employee of the Month Award for November 2019. The award reads as follows: In the Intel Unit of the Police Department, there are challenges with expanding space for evidentiary downloads. Each time Tyson is contacted, he works with various programs and their limitations to ensure that downloads that are needed can be accessed. Two weeks ago, the Police Information and Intelligence Unit was asked to perform a forensic data extraction of a cellular phone, with a time constraint. What seemed like a typical and straightforward task became a very atypical task quickly, when the employee performing the task encountered two network drives and a C drive that were completely full as well as issues with software required to perform the extraction. Attempt after attempt to perform the data extraction on this device failed. The issue wasn't as simple as "Just have I.T. add more space to the network." Tyson not only responded to this employee’s calls and texts through the rest of the afternoon… he made himself available throughout the evening, night, and well into the early morning hours by phone. Tyson even assisted while running errands with family by “remoting in” to the problem computer and analyzing the issues. When he hadn’t heard from the employee in a while, Tyson would be sure to check in and offer assistance and help until the download was complete.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -3- Tyson made himself available to debrief the Sergeant and IIU on what happened, problems encountered, lessons learned, and suggested immediate hardware needs to prevent this from happening in the future. He came in the next Monday to speak with the Department regarding the space issues and talked about ways to proceed. Ultimately Tyson was able to clear the way so this employee could do their job. Each time there was a hiccup, Tyson jumped in immediately and analyzed the issue. Throughout the entire night, a voicemail never had to be left and the employee never had to wait for a call back, which was crucial during this task. Any department in the City would agree and say that Tyson consistently exemplifies total customer service and goes above and beyond to make sure every employee is able to get their jobs done, day or night. B. PRESENTATION OF THE CAFR (COMPREHENSIVE ANNUAL FINANCIAL REPORT) AND PAFR (POPULAR ANNUAL FINANCIAL REPORT) AWARDS Mayor Bigelow indicated that the Finance Department will be granted the CAFR and PAFR awards. PUBLIC HEARINGS SCHEDULED FOR NOVEMBER 12, 2019 A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-5-2019, FILED BY RUBEN SALAZAR, REQUESTING A GENERAL PLAN CHANGE FROM RURAL RESIDENTIAL (1 TO 2 UNITS/ACRE) TO LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) AND A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO R-1-7 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 7,000 SQ. FT.) FOR PROPERTY LOCATED AT 2545 SOUTH LESTER STREET Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled November 12, 2019, in order for the City Council to hear and consider public comments regarding application GPZ-5-2019, filed by Ruben Salazar, requesting a General Plan Change from Rural Residential (1 to 2 Units/Acre) to Large Lot Residential (2 to 3 Units/Acre) and a Zone Change from A (Agriculture, Minimum Lot Size ½ Acre) to R-1-7 (Single Unit Dwelling Residential, Minimum Lot Size 7,000 Sq. Ft.) for property located at 2545 South Lester Street. MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -4- Proposed Ordinances 19-43 and 19-44 related to the proposal to be considered by the City Council subsequent to the public hearing, were discussed as follows: ACTION: ORDINANCE NO. 19-43, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND FROM RURAL RESIDENTIAL (1 TO 2 UNITS/ACRE) TO LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) FOR PROPERTY LOCATED AT 2545 SOUTH LESTER STREET Steve Pastorik, CED, discussed proposed Ordinance 19-43 that would amend the General Plan to show a change of land from Rural Residential (1 to 2 Units/Acre) to Large Lot Residential (2 to 3 Units/Acre) for property located at 2545 South Lester Street. Written documentation previously provided to the City Council included information as follows: The applicant is proposing to subdivide the property to build another home. Included with this report is a letter from the applicant providing background on and reasons for his request. The applicant mentions in his letter that the lots around him are much smaller than his. There are 12 homes on the east side of Lester Street between Whitlock Avenue and Crystal Avenue. Mr. Salazar’s property is the largest and widest on the block. Of the 12 homes on the block, only three meet the minimum lot area of ½ acre and the minimum lot width of 100’ required in the A zone. The average lot size on the block is 0.33 acres and the average lot width is 76.3’. In terms of zoning, this section of Lester Street is the only portion zoned A. All of other portions are zoned R-1-6. The reason the applicant is requesting the R-1-7 zone instead of R-1-8 or R- 1-10 is due to the existing lot frontage and placement of the existing home. The R-1-7 zone has a minimum lot width of 70’, which would allow the applicant to subdivide his property without impacting the existing home. The new lot would be close to 15,000 sq. ft. in area and the lot for the existing home would be about 24,000 sq. ft. The zoning ordinance allows for a home with a two-car garage and reduced floor area on a lot under one acre that is large enough to be subdivided to create no more than one new lot. All other design standards, like exterior materials and architectural features, from Part 2 of Chapter 7-11 apply. ACTION: ORDINANCE NO. 19-44, AMEND THE ZONING MAP TO MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -5- SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 2545 SOUTH LESTER STREET FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO R-1-7 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 7,000 SQ. FT.) Steve Pastorik, CED, discussed proposed Ordinance 19-44 that would amend the zoning map to show a change of zone for property located at 2545 South Lester Street from A (Agriculture, Minimum Lot Size ½ Acre) to R-1-7 (Single Unit Dwelling Residential, Minimum Lot Size 7,000 Sq. Ft.). Written documentation previously provided to the City Council included information as follows: The applicant is proposing to subdivide the property to build another home. Included with this report is a letter from the applicant providing background on and reasons for his request. The applicant mentions in his letter that the lots around him are much smaller than his. There are 12 homes on the east side of Lester Street between Whitlock Avenue and Crystal Avenue. Mr. Salazar’s property is the largest and widest on the block. Of the 12 homes on the block, only three meet the minimum lot area of ½ acre and the minimum lot width of 100’ required in the A zone. The average lot size on the block is 0.33 acres and the average lot width is 76.3’. In terms of zoning, this section of Lester Street is the only portion zoned A. All of other portions are zoned R-1-6. The reason the applicant is requesting the R-1-7 zone instead of R-1-8 or R- 1-10 is due to the existing lot frontage and placement of the existing home. The R-1-7 zone has a minimum lot width of 70’, which would allow the applicant to subdivide his property without impacting the existing home. The new lot would be close to 15,000 sq. ft. in area and the lot for the existing home would be about 24,000 sq. ft. The zoning ordinance allows for a home with a two-car garage and reduced floor area on a lot under one acre that is large enough to be subdivided to create no more than one new lot. All other design standards, like exterior materials and architectural features, from Part 2 of Chapter 7-11 apply. Mayor Bigelow asked if the City could go back after the zone is changed, when the applicant rebuilds the existing home, to modify the frontage to meet standards. Steve replied no. Councilmember Christensen noted that the frontage would still not work, even if frontage was divided equally between the two proposed lots.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -6- Councilmember Lang arrived at 4:44 PM Councilmember Buhler stated that he would rather the applicant apply for a variance than be granted a zone change because he is concerned that the property could be further subdivided in the future after it is zoned R-1-7. Steve stated that a Development Agreement could be placed on the property that limits it to just two lots. Councilmember Buhler stated that there is a great variety in this area and there won’t be that variety if the smallest lots possible are zoned. Councilmember Nordfelt noted that the existing fence in front of the home is in bad condition and questioned whether that should be included in a development agreement. Steve noted that the size of the home and the garage standards can be reduced per code since this is an infill lot. Councilmember Fitisemanu arrived at 4:46 PM. The City Council will consider Ordinances 19-43 and 19-44 at the Regular Council Meeting scheduled November 12, 2019 at 6:30 P.M. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-5-2019, FILED BY WEST VALLEY CITY, REQUESTING A ZONE TEXT CHANGE TO AMEND SECTION 7-7-105.5 REGARDING CANNABIS PRODUCTION ESTABLISHMENTS AND MEDICAL CANNABIS PHARMACIES Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled November 12, 2019, in order for the City Council to hear and consider public comments regarding application ZT-5-2019, filed by West Valley City, requesting a Zone Text Change to amend section 7-7-105.5 regarding cannabis production establishments and medical cannabis pharmacies. Proposed Ordinance 19-45 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 19-45, AMEND SECTION 7-7-105.5 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND REGULATIONS GOVERNING CANNABIS PRODUCTION ESTABLISHMENTS AND MEDICAL CANNABIS PHARMACIES Steve Pastorik, CED, discussed proposed Ordinance 19-45 that would amend section 7-7-105.5 of the West Valley City Municipal Code to amend regulations governing cannabis production establishments and medical cannabis pharmacies.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -7- Written documentation previously provided to the City Council included information as follows: In December of last year the Utah Legislature passed HB 3001 that provided for the cultivation, processing, medical recommendation and patient use of medical cannabis. HB 3001 included provisions that required municipalities to allow cannabis production establishments and medical cannabis pharmacies under conditions. To comply with State law, the City Council adopted Ordinance 19-03 in February of this year to enact regulations concerning cannabis production establishments and medical cannabis pharmacies. At the time it was enacted, Ordinance 19-03 complied with State law. However, in a special session in September of this year, the Utah Legislature passed SB 1002, which is included with this issue paper, to amend the provisions relating to medical cannabis. As a result of these amendments, the City’s Code needs to be changed to comply with State law. Included with this issue paper is a table that outlines the conflicting provisions of City Code with the recently adopted SB 1002. Councilmember Buhler verified that the City’s ordinance would be the same as State Code once this was approved. Steve replied that the City’s Code goes beyong State Code but does include everything that State Code does. Mayor Bigelow asked if there are still requirements related to distances from schools, etc. Steve replied yes and noted that these are State requirements. Councilmember Buhler asked if the City matches the same distance requirements. Steve replied yes. Councilmember Christensen stated that he gets nervous when the State tells the City where they can and can’t put these types of facilities. Mayor Bigelow stated that the City can petition the Legislature to change things that they are uncomfortable with. Mayor Bigelow clarified that the sign change is only on the building and not related to monument signs. Steve replied yes. The City Council will consider Ordinances 19-45 at the Regular Council Meeting scheduled November 12, 2019 at 6:30 P.M. RESOLUTION 19-137: AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN WEST VALLEY CITY AND KEDDINGTON & CHRISTENSEN, CERTIFIED PUBLIC ACCOUNTANTS, LLC TO PROVIDE AUDITING SERVICES TO WEST VALLEY CITY FOR THE FISCAL YEAR ENDING JUNE 30, 2019  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -8- Jim Welch, Finance Director, presented proposed Resolution 19-137 that would authorize the execution of an agreement between West Valley City and Keddington & Christensen, Certified Public Accountants, LLC to provide auditing services to West Valley City for the Fiscal Year Ending June 30, 2019. Written documentation previously provided to the City Council included information as follows: West Valley City is required by law to engage an independent audit firm to audit the City’s financial operations. Keddington & Christensen auditors have demonstrated experience and proficiency in municipal audits and knowledge of City operations. This audit will be conducted in accordance with auditing standards generally accepted in the United States of America: the standards for financial audits contained in the Government Auditing Standards, issued by the Comptroller General of the United States. Keddington & Christensen, Certified Public Accountants, LLC. has provided audit services for the City in the past and has the technical expertise to evaluate and review all aspects of the City’s complex operations. The City Council will consider Resolution 19-137 at the Regular Council Meeting scheduled November 12, 2019 at 6:30 P.M. RESOLUTION 19-138: AUTHORIZE CHANGE ORDER NO. 1 TO THE CONTRACT WITH ACME CONSTRUCTION FOR THE 2700 WEST IMPROVEMENTS PROJECT Russ Willardson, Public Works Director, presented proposed Resolution 19-138 that would authorize change order No. 1 to the contract with Acme Construction for the 2700 West improvements project. Written documentation previously provided to the City Council included information as follows: The original plan with the traffic signal at 3800 South was to upgrade certain components as part of the project. Upon further investigation it was determined that due to the age and condition of the existing equipment that it would be more beneficial to replace the entire traffic signal. The new traffic signal steel will be powder coated painted black to match the other traffic signals in the area. The new traffic signal is being funded by the Class C Road fund and the transportation sales tax.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -9- The City Council will consider Resolution 19-138 at the Regular Council Meeting scheduled November 12, 2019 at 6:30 P.M. RESOLUTION 19-139: APPROVE THE PURCHASE OF TRAFFIC SIGNAL EQUIPMENT FROM THE UTAH DEPARTMENT OF TRANSPORTATION FOR THE 2700 WEST IMPROVEMENTS PROJECT Russ Willardson, Pubic Works Director, presented proposed Resolution 19-139 that would approve the purchase of traffic signal equipment from the Utah Department of Transportation for the 2700 West Improvements Project. Written documentation previously provided to the City Council included information as follows: A signal reconstruction is being proposed at the intersection of 2700 West and 3800 South as part of the 2700 West Improvements Project, currently under construction. UDOT operates a warehouse through which they procure and distribute traffic signal equipment, and are willing to sell equipment to the city for use on city projects. The estimate for products to be purchased is $81,018.95. This city council action authorizes the Public Works Department to issue a purchase order to UDOT for traffic signal equipment, not to exceed $90,000. The traffic signal is being funded with Class C Road funds and the transportation sales tax. It is anticipated that the road construction will be completed in summer 2020. The City Council will consider Resolution 19-139 at the Regular Council Meeting scheduled November 12, 2019 at 6:30 P.M. RESOLUTION 19-140: APPROVE THE PURCHASE OF STREETLIGHTS FROM MOUNTAIN STATES LIGHTING FOR THE 2700 WEST IMPROVEMENTS PROJECT Russ Willardson, Pubic Works Director, presented proposed Resolution 19-140 that would approve the purchase of streetlights from Mountain States Lighting for the 2700 West Improvements Project. Written documentation previously provided to the City Council included information as follows: Mountain States Lighting is the supplier for the city standard street lights. Mountain States provides a substantial savings if the city purchases lighting  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -10- products directly and supplies them to the contractor. This resolution is for the purchase of eighteen acorn style light poles. The total cost for the lights is $34,938. A portion of the funding required for this project ($1.5M) will be reimbursed to the city by Salt Lake County as part of the interlocal agreement executed in Council Resolution No. 17-186 with County Transportation Funds. The City Council will consider Resolution 19-140 at the Regular Council Meeting scheduled November 12, 2019 at 6:30 P.M. CONSENT AGENDA SCHEDULED FOR NOVEMBER 12, 2019 A. RESOLUTION 19-141: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY CONTRACT AND ACCEPT AN UNDERGROUND RIGHT OF WAY EASEMENT WITH AND FROM ANNE BROWN FOR PROPERTY LOCATED AT APPROXIMATELY 5990 WEST 3500 SOUTH Mayor Bigelow discussed proposed Resolution 19-141 that would authorize the City to enter into a Right of Way Contract and accept an underground Right of Way Easement with and from Anne Brown for property located at approximately 5990 West 3500 South. Written documentation previously provided to the City Council included information as follows: The Anne T. Brown parcel located at 5990 West 3500 South is one of several parcels affected by this project and which require acquisitions Underground Right of Way Easements in favor of Rocky Mountain Power for the 3500 South Power Burial Project; approximately 5400 West to 6000 West. This project will be constructed in conjunction with the current phase of the Mountain View Corridor Project. As a Betterment to the Mountain View Corridor Project, West Valley City is paying for the burial of overhead power lines between approximately 5400 West and 6000 West. Compensation for the purchase of the Underground Right of Way Easement and improvements is $15,500.00 based upon the compensation estimate prepared by the DH Group, LLC. Upon inquiry, there were no further questions or concerns expressed by members of the City Council. The City Council will consider Resolution 19-141 at the Regular Council Meeting scheduled November 12, 2019, at 6:30 P.M.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -11- COMMUNICATIONS A. COUNCIL CALENDAR Nichole Camac, City Recorder, noted that the Veterans Day program will be held at the UCCC on November 11, 2019 with dinner beginning at 5:30 PM. Nancy Day, Parks and Recreation Director, explained how invitations are shared and how the event is advertised. She also detailed how veterans and active military are recognized. Mayor Bigelow stated he can’t attend Wasatch Front Regional Council. Councilmember Lang stated she is planning on attending. Mayor Bigelow noted he can’t attend the Gene England event. Councilmember Lang indicated that she will be in attendance. Mayor Bigelow referenced a Memorandum previously received from the City Manager that outlined upcoming meetings and events. Members of the City Council had no further questions regarding the Council Update. NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS Council Suggestions Councilmember Christensen stated that he has received emails regarding HB 411.Wayne indicated a presentation to the Council has been scheduled November 19th. Councilmember Nordfelt asked if any other groups have expressed interest in presenting regarding this topic. Wayne replied that he would speak with John Rock regarding this. Mayor Bigelow stated that the Jordan River Commission is wanting to present to Council. Nichole Camac, City Recorder, indicated that this has been scheduled. Wayne Pyle, City Manager, stated that Janice Fisher would like to be reappointed to the Magna Mosquito Abatement District. The Mayor and Council agreed. B. COUNCIL REPORTS COUNCILMEMBER BUHLER- PETE HARMON DAY Councilmember Buhler stated that he attended Pete Harmon Day and noted that it is good to have the support of the Harmon’s in the community. Councilmember Christensen agreed and added that they still have significant financial investment in the City. Upon inquiry by Mayor Bigelow, Councilmember Buhler noted that he  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -12- attended Meet the Candidate Night but added that he didn’t like the format. Mayor Bigelow stated that he heard the event wasn’t heavily attended. C. REVIEW AGENDA FOR SPECIAL HOUSING AUTHORITY MEETING SCHEDULED NOVEMBER 12, 2019 RESOLUTION 19-03: APPROVE AN AGREEMENT BETWEEN THE HOUSING AUTHORITY AND LINDSEY SOFTWARE SYSTEMS, INC. FOR CERTAIN SOFTWARE AND RELATED SERVICES Wayne Pyle, presented proposed Resolution 19-03 that would approve an agreement between the Housing Authority and Lindsey Software Systems, Inc. for certain software and related services. Written documentation previously provided to the City Council included information as follows: The West Valley City Housing Authority is requesting approval to enter into a contract with Lindsey Software. We request approval to enter into this contract of $36502.00 for new housing software. This amount includes the initial set-up and fees along with the maintenance of the software. The contract also includes an amount of $16502.00 annually for the second and third years. In order to meet federal standards and maintain our "High Performer Status" with HUD. The housing authority requires specific software. We researched and demoed several different vendors. Lindsey software far exceeded any of the other vendors with the cost, and the valuable knowledge of the housing industry regulations. Lindsey is a third-generation software company who not only knows the rules and regulations for housing authorities but, they know how to implement them in their software in a timely manner. Lindsey is a HUD approved housing software vendor. The Housing Authority will consider Resolution 19-03 at the Special Housing Authority Meeting scheduled November 12, 2019 at 6:30 P.M. NEW BUSINESS SCHEDULED FOR 6:00 PM IN THE LOBBY OF CITY HALL Following the conclusion of the Study Meeting, the Mayor and City Council attended a honk and wave and Domestic Violence Awareness program in the Lobby of City Hall. Mayor Bigelow read a proclamation. MOTION TO ADJOURN  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 22, 2019 -13- Upon motion by Councilmember Christensen all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY OCTOBER 22, 2019 WAS ADJOURNED AT 5:19 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 22, 2019. _______________________________ Nichole Camac, CMC City Recorder