City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – MAY 5, 2020 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, MAY 5, 2020 AT 4:30 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 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 (joined as noted) STAFF PRESENT ELECTRONICALLY: 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 John Evans, Fire Chief Jim Welch, Finance Director Layne Morris, CPD Director Russ Willardson, Public Works Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Steve Pastorik, CED Dan Johnson, CED Mark Nord, CED APPROVAL OF MINUTES OF STUDY MEETING HELD APRIL 28, 2020 The Council considered the Minutes of the Study Meeting held April 28, 2020. There were no changes, corrections or deletions. Councilmember Buhler moved to approve the Minutes of the Study Meeting held April 28, 2020. Councilmember Christensen seconded the motion.  MINUTES OF COUNCIL STUDY MEETING – MAY 5, 2020 -2- A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDAS FOR REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY, HOUSING AUTHORITY, AND MUNICIPAL BUILDING AUTHORITY MEETINGS OF MAY 5, 2020 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, Redevelopment Agency, Housing Authority, and Municipal Building Authority Meetings scheduled later this night. PUBLIC HEARINGS SCHEDULED FOR MAY 12, 2020 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). Proposed Ordinance 20-20 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: 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 Steve Pastorik, CED, discussed 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. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL STUDY MEETING – MAY 5, 2020 -3- 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. 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) Steve Pastorik, CED, discussed 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). Written documentation previously provided to the City Council included 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 MINUTES OF COUNCIL STUDY MEETING – MAY 5, 2020 -4- 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. 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 APPROXIMATELY 4619 WEST 4100 SOUTH Steve Pastorik, CED, discussed 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. Mayor Bigelow clarified that there is no access to the private lane. He asked who owns the private the lane. Steve replied it would be owned by the property owner to the north and the owners of the subdivision. Councilmember Buhler asked how many properties could be built with the 10,000 square foot property. Steve replied approximately 7. Councilmember Lang asked if the current owners would continue to maintain the private lane. Steve replied yes. Councilmember Lang stated that she feels this is a good fit for the property. Mayor Bigelow noted that the private lane is technically a driveway. Mayor Bigelow clarified that the applicant could pursue  MINUTES OF COUNCIL STUDY MEETING – MAY 5, 2020 -5- this development under the RE zoning but this change allows them to do 2 more lots. He asked if this zoning is similar to what is in the area. Steve stated there is a mix between smaller and larger properties. Councilmember Buhler stated that when the City Council decided to change the zoning on these properties, they didn’t intend to re-evaluate modifications often. He indicated that he feels this is a rare scenario where modifying the zone makes sense. The City Council will consider Ordinance 20-20, Ordinance 20-21, and Resolution 20-53 at the Regular Council Meeting scheduled May 12, 2020 at 6:30 P.M. 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 Jim Welch, Finance Director, presented 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. Councilmember Lang asked why the City doesn’t purchase the system needed outright instead of paying interest and bank fees. Wayne replied that the City does do this on occasion but felt this was a better solution at this time. He noted the payment is included in the budget. The City Council will consider Resolution 20-54 at the Regular Council Meeting scheduled May 12, 2020 at 6:30 P.M. RESOLUTION 20-55: APPROVE THE PURCHASE OF A FIREWALL, STORAGE CAPACITY, AND RELATED EQUIPMENT Ken Cushing, IT, presented proposed Resolution 20-55 that would approve the purchase  MINUTES OF COUNCIL STUDY MEETING – MAY 5, 2020 -6- 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 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. Mayor Bigelow asked how critical this upgrade is at this time. Ken stated that this is important to maintain security and to define how traffic flows within the network. Councilmember Lang asked how much the payments will be. Jim replied $50,000 year with the City owning at the end of the term. Councilmember Lang stated that she feels the City shouldn’t lease this type of equipment since it changes so quickly. Wayne asked if there is an option to lease. Jim replied it would be similar to leasing a car and would have a higher rate with a balloon payment at the end of the term. Councilmember Fitisemanu joined at 4:49 PM. Wayne stated that this is a normal cycle for this type of product. Councilmember Lang stated that she feels the City should purchase this outright and not pay interest. Wayne replied that this is the financial preference of the City but if the Council directs a different method, other options can be explored. Jim stated that the City does make money from the interest. Wayne agreed and noted that the City would prefer to hold the money now and pay the incremental 2% interest. Councilmember Nordfelt stated that there is inflation to account for so he feels the suggested method by the City could end up being a benefit that way as well. The City Council will consider Resolution 20-55 at the Regular Council Meeting scheduled May 12, 2020 at 6:30 P.M. CONSENT AGENDA SCHEDULED FOR MAY 12, 2020 A. RESOLUTION 20-56: AUTHORIZE THE CITY TO ACCEPT A PUBLIC  MINUTES OF COUNCIL STUDY MEETING – MAY 5, 2020 -7- SIDEWALK, LIGHTING, AND UTILITY EASEMENT FROM O ROYAL SOLUTIONS, LLC FOR PROPERTY LOCATED AT APPROXIMATELY 1331 WEST 3300 SOUTH Dan Johnson, Public Works, 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 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 Mark Nord, RDA, 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.  MINUTES OF COUNCIL STUDY MEETING – MAY 5, 2020 -8- 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 Dan Johnson, Public Works, 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 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. Councilmember Huynh stated that this is his application. Councilmember Buhler asked if there was a Chesterfield ordinance being discussed. Steve Pastorik, CED, replied this is in the pipeline but has been put on hold temporarily. Mayor Bigelow noted that even though this is a Councilmember, the process is the same. Upon inquiry, there were no further questions or concerns expressed by members of the City Council. The City Council will consider Resolutions 20-26, 20-57, and 20-58 at the Regular Council Meeting scheduled May 12, 2020, at 6:30 P.M. COMMUNICATIONS A. PSRB UPDATE Abigail Dizon-Maughn, PSRB Chair, apologized to the Council and indicated that she hasn’t come before the Council since September 2018. She stated that PSRB went from a paper-based system to an electronic one. Ms. Dizon-Maughn noted that officers had to modify the way they reported each incident and the transition wasn’t as smooth as it was hoped to be. Ms. Dizon-Maughn provided a detailed analysis of every quarter to date on cases and statistics. Mayor Bigelow asked if  MINUTES OF COUNCIL STUDY MEETING – MAY 5, 2020 -9- there is longevity on the board. Ms. Dizon-Maughn replied yes. Councilmember Buhler asked if having a quorum is an issue. Ms. Dizon-Maughn replied there were issues at the end of 2018 but it has not been a concern since then. Councilmember Buhler asked if the Board has a good relationship with the Police Department. Ms. Dizon-Maughn replied that it is amicable and while things can get heated from time to time, it is always respectful. B. COUNCIL CALENDAR Mayor Bigelow referenced a Memorandum previously received from the City Manager that outlined upcoming meetings and events. Mayor Bigelow noted WestFest and associated events has been canceled. Members of the City Council had no further questions regarding the Council Update. NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS Council Suggestions Nichole Camac, City Recorder, stated that the Mayors Star of Excellence awards are usually presented to students at this time. Tera Smith reached out to the counselors at Hunter, Granger, Cypyus, and Taylorsville to see if this would be possible given the COVID-19 restrictions and disadvantages. Hunter and Granger said that this would be very difficult as teachers and administrators are all already overwhelmed at this time while Cyprus and Taylorsville felt that students would appreciate some type of recognition. Councilmember Christensen and Mayor Bigelow agreed that this is likely another casualty of COVID-19 and will likely need to be bypassed this year. Councilmember Nordfelt stated that he would like to postpone the recognition but still do it in the fall. Councilmember Buhler agreed. Mayor Bigelow stated that the Council Chambers will be open in the next couple weeks. He asked if the Council would be comfortable meeting in person again with restrictions in place or if they would like to continue with electronic meetings. Councilmember Huynh and Councilmember Lang stated that they would like to continue with electronic meetings. Councilmember Lang stated that the audio record would be difficult to record if the Council were wearing masks. Mayor Bigelow stated that Council meetings will be conducted electronically through the end of May and will the Council re-evaluate at the end of the month for June. B. COUNCIL REPORTS COUNCILMEMBER FITISEMANU- COVID 19  MINUTES OF COUNCIL STUDY MEETING – MAY 5, 2020 -10- Councilmember Fitisemanu stated that West Valley has four representatives on the COVID-19 board. He indicated the multi-cultural aspect of the City and how that relates to statistics is very important. He noted that representatives are praising the City’s efforts and a national webinar zoom call had members requesting to use West Valley City techniques and safety for mobile screening. Councilmember Fitisemanu noted that there is an increased risk for COVID-19 in the West Valley City zipcode. 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 STUDY MEETING ON TUESDAY MAY 5, 2020 WAS ADJOURNED AT 5:56 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, May 5, 2020. _______________________________ Nichole Camac, CMC City Recorder