City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – OCTOBER 13, 2020 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, SEPTEMBER 22, 2020 AT 4:30 P.M. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE MEETING WAS HELD ELECTRONICALLY VIA ZOOM. 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 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 Colleen Jacobs, Police Chief John Evans, Fire Chief Jim Welch, Finance Director Layne Morris, CPD Director Dan Johnson, Acting Public Works Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Steve Pastorik, CED APPROVAL OF MINUTES OF STUDY MEETING HELD OCTOBER 6, 2020 The Council considered the Minutes of the Study Meeting held October 6, 2020. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Study Meeting held October 6, 2020. Councilmember Buhler seconded the motion. A voice vote was taken and all members voted in favor of the motion.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 13, 2020 -2- REVIEW AGENDA FOR REGULAR CITY COUNCIL AND SPECIAL REDEVELOPMENT AGENCY MEETING OF OCTOBER 13, 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 or Special Redevelopment Agency Meetings scheduled later this night. AWARDS, CEREMONIES, AND PROCLAMATIONS SCHEDULED FOR OCTOBER 20, 2020 A. PROCLAMATION RECOGNIZING THE MONTH OF OCTOBER 2020 AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH A Proclamation Recognizing the Month of October 2020 as National Domestic Violence Awareness Month will be read at the Regular City Council Meeting scheduled October 20, 2020 at 6:30 PM. PUBLIC HEARINGS SCHEDULED FOR OCTOBER 20, 2020 A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-6-2020, FILED BY DR HORTON, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL), R-1-10 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 10,000 SQUARE FEET) AND C-2 (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT 4600 SOUTH 5600 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled October 20, 2020, in order for the City Council to hear and consider public comments regarding Application Z-6-2020, filed by DR Horton, requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to RM (Multiple Unit Dwelling Residential), R-1-10 (Single Unit Dwelling Residential, Minimum Lot Size 10,000 Square Feet) and C-2 (General Commercial) for property located at 4600 South 5600 West. Proposed Ordinance 20-45 and Resolution 20-165 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 20-45, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4600 SOUTH 5600 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL), R-1-10 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 10,000 SQUARE FEET) AND C-2 (GENERAL COMMERCIAL) MINUTES OF COUNCIL STUDY MEETING – OCTOBER 13, 2020 -3- Steve Pastorik, CED, discussed proposed Ordinance 20-45 that would amend the zoning map to show a change of Zone for property located at 4600 South 5600 West from A (Agriculture, Minimum Lot Size 1/2 Acre) to RM (Multiple Unit Dwelling Residential), R-1-10 (Single Unit Dwelling Residential, Minimum Lot Size 10,000 Square Feet) and C-2 (General Commercial). Written documentation previously provided to the City Council included information as follows: The applicant’s concept plan includes a 98-unit, 2 story townhome development on 8.2 acres, a 4-lot subdivision for single unit dwellings on 1.7 acres and a 1.1 acre commercial pad in the southeast corner. The density of the townhome portion of the project is 12 units/acre. For parking, the townhome portion shows 4 stalls/unit (2-car garage plus 2 spaces in the driveway) plus 16 visitor spaces. Included with this issue paper are several emails received by staff from neighboring residents, the property owners and other interested parties. ACTION: RESOLUTION NO. 20-165, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ROBERT J DEFA, RICHARD L. DEFA, AND ROBYN R. DEFA FOR PROPERTY LOCATED AT APPROXIMATELY 4600 SOUTH 5600 WEST Steve Pastorik, CED, discussed proposed Resolution 20-165 that would authorize the City to enter into a Development Agreement with Robert J Defa, Richard L. Defa, and Robyn R. Defa for property located at approximately 4600 South 5600 West. Written documentation previously provided to the City Council included information as follows: David Lewis with DR Horton, Inc. has submitted a zone change application (Z-6-2020) on 11 acres to change the zoning from A (agriculture, minimum lot size ½ acre) to RM (multiple unit dwelling residential), R-1-10 (single unit dwelling residential, minimum lot size 10,000 square feet) and C-2 (general commercial). The Defas are the current landowners. The Planning Commission recommended approval of the zone change subject to a development agreement. MINUTES OF COUNCIL STUDY MEETING – OCTOBER 13, 2020 -4- The proposed development agreement addresses the maximum number of units, mnimum unit sizes, architecture, amenities, parking, fencing and setbacks. There are two options of the development agreement for the Council to consider. Option 1 requires a masonry wall to be constructed along the railroad. This is what the Planning Commission recommended. Option 2 requires a chain link fence to be constructed along the railroad. This is what the applicant requested. All other standards in the two options are the same. Councilmember Lang stated that she is concerned about noise from the railroad system impacting additional residential development. She indicated that she feels this development is too early and changes should wait until the City can mitigate noise and additional issues from the railroad tracks. Councilmember Buhler asked if the applicant is asking for any exceptions. Steve replied no and added that some items in the Development Agreement exceed the Code. Councilmember Buhler asked if funds generated from impact fees created from this development can be used to designate mitigations for the railroad. Wayne replied he isn’t sure if impact fees could be used for this type of use but noted that it likely would not total enough to mitigate concerns. Councilmember Buhler stated that he would like to see a plan for the railroad in conjunction with this proposal. Councilmember Lang stated she would prefer to see a commercial use given the concerns related to the railroad. Councilmember Huynh agreed and indicated that commercial would be less impact than it would be on residential homes. Councilmember Buhler asked if this entire property is zoned A and asked why the applicant wasn’t required to apply for RE. Steve replied the project was eligible for this zoning given the access to 5600 West. Councilmember Buhler asked if the applicant could apply for commercial. Steve replied yes. Mayor Bigelow stated that most projects on 5600 West have commercial abutting 5600 West entirely. Steve stated that this decision was made by the applicant. He indicated that the applicant was concerned about the ability to fill commercial spaces. Mayor Bigelow asked how this project compares to other recent RM developments who have gone above and beyond. Steve stated that these units are larger but some of the newer projects are going to 3 stories. Mayor Bigelow stated that there were visitor parking stalls but given the reality of todays market, there is often more than 4 vehicles per unit. He expressed concern about visitor parking and overflow filling in the commercial area. Steve stated that this proposal has more parking than recent projects. Mayor Bigelow stated that he feels standards do not take into account the changing of living dynamics in today’s society. Councilmember Lang asked if the streets are normal neighborhood streets. Steve replied that these would be private streets so they would be smaller.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 13, 2020 -5- Councilmember Lang stated that these streets would be maintained by an HOA and asked if the City could enforce parking issues or Code Enforcement problems. Steve replied that the City typically relies on the HOA for enforcement unless there is a safety concern. Mayor Bigelow stated that he feels this doesn’t meet the higher standards that other recent projects have had. Steve noted that many changes have been made to get the elevations into compliance. The City Council will consider Ordinance 20-45 and Resolution 20-165 at the Regular Council Meeting scheduled October 20, 2020 at 6:30 P.M. COMMUNICATIONS A. HB 411 UPDATE John Rock, Administration, presented a PowerPoint presentation summarized as follows: - Process Update o COVID-19 has caused delays in the Timeline o January 2021 would be next deadline for Council Action on Ordinance Language (not yet written or reviewed)  Signing this would bind the City to at least the first phase of the process and require the city to set aside budget for expected costs o January-July 2021 Negotiations with Utility and State on agreements, application costs, independent expert analysis, legal reviews, governance agreements, community expert analysis.  City would pay a proportional share of these costs - Economic Impact of HB 411 o $700,000 is the initial estimated cost share by participating Municipalities  Includes RMP Application process and Noticing costs o Additional $300,000 in community noticing costs  Estimates based on community size and # of RMP customers o High end estimate but no certainty if it will go up or down o Cost Split is 50% population based, %50 electrical load based o Costs could potentially be paid in phases and not all at once o Additional potential costs such as 3rd party administration of governing body - WVC Expected Financial Costs o Total anticipated cost of $131,743.61 MINUTES OF COUNCIL STUDY MEETING – OCTOBER 13, 2020 -6-  $95,798.44 for Non-Noticing Costs (RMP Approval Process)  $35,945.17 in Noticing Costs (Opt Out Notices) o WVC has second highest anticipated Costs  SLC highest with $280,321.63 in total costs o Non-Noticing Cost share would go up if other communities dropped out.  Ex. If West Jordan was to drop out, Non-Noticing costs increase about $10,000 bringing WVC estimated total to $141,743.61 - Governing Body Structure o Before program adoption, all votes would be decided by Majority of communities o After program adoption any changes require two affirmative votes, supermajority of communities, and majority of electrical load o Resource Procurement would require majority of communities, majority of electrical load o Governance Agreement Draft expected by Friday, November 6th - WVC Next Step o HB 411 Committee would like to hear feedback ASAP from communities on intent to stay in the process or leave o Staff requests to know what direction Council would want to take, as the second largest city and potential contributor to the HB 411 process. o It would not be recommended to wait until January of 2021 when the binding agreement to participate in HB 411 would have to be signed, in order to let the other communities know in advance so they can adjust their economic model as needed. o Projected phases collapsed into one, no firm data on application costs or rate costs on which to make a decision. Therefore staff recommends withdrawal from the program. Mayor Bigelow stated that he has many concerns related to unknown costs for a program that is still being figured out and giving up control to an entity that can bind the City to costs once opted in. He added that the City can watch how the program works and opt in later. John agreed and noted that this is a thought shared by many communities. Councilmember Nordfelt stated that the City passed a resolution in December of 2019 with a goal of achieving zero net emissions by 2030. He indicated that the City can still reach this goal and other avenues can still be pursued. Councilmember Nordfelt stated that he hopes there is still a plan and  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 13, 2020 -7- that the City will continue to work toward achieving that. Mayor Bigelow stated that there have been programs that have had tangible and measurable results and he hopes this continues further. Wayne stated that the City is still very engaged in finding more projects and finding larger scale programs as well. He noted that there are many projects the City will continue to pursue and will continue having conversations with other municipalities. Mayor Bigelow stated that the City has time to study and find other options. Councilmember Fitisemanu stated that he has had informal communication and correspondence with the community and he hasn’t seen a large outpouring of support or opposition to HB411. He indicated that the community seems to have wanted more concrete information and details as much as the Council did. B. COVID-19 UPDATE The Mayor and Council had no further questions or concerns. C. COUNCIL CALENDAR 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 Buhler stated that he spoke with Corey Holdaway who would like to provide information on Ranked Choice Voting. Councilmember Nordfelt stated that he would be interested in a presentation. Mayor Bigelow asked if staff could get an analysis on positives and benefits from communities who have used it for an independent update. Mayor Bigelow stated that he has received a request from Sunday Hunt, representing the Humane Society, who would like West Valley City to remove their gas chamber. Ms. Hunt has stated that she can provide grants, up to $3000, to assist the City in the removal of the chamber. Mayor Bigelow indicated that he is supportive and would like staff to come forward with a proposal. Councilmember Buhler stated he would like to receive more information, but his recollection is that staff wanted it for animals that were aggressive. Mayor Bigelow stated that his understanding is that the need has changed. Councilmember Christensen stated he would like the presentation from staff first.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 13, 2020 -8- Councilmember Christensen stated that a presentation was given from Midvale who has adopted a resolution indicating racism is a public health crisis and identifying it as such. He asked if the City would like to have this type of conversation. Councilmember Fitisemanu stated that this was initiated by a community organization. He stated he would like to wait to hear form a group or committee with a formal request. B. COUNCIL REPORTS None MOTION FOR CLOSED SESSION Councilmember Christensen moved to adjourn and reconvene in a Closed Session for discussion of pending litigation. Councilmember Buhler seconded the motion. A voice vote was taken and all members voted in favor of the motion. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY OCTOBER 13, 2020 WAS ADJOURNED AT 5:33 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 13, 2020. _______________________________ Nichole Camac, CMC City Recorder THE WEST VALLEY CITY COUNCIL RECONVENED IN CLOSED SESSION ON TUESDAY, OCTOBER 13, 2020 AT 5:41 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR BIGELOW. THE MEETING WAS HELD ELECTRONICALLY VIA ZOOM.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 13, 2020 -9- 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: Wayne 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 Dan Johnson, Public Works The City Council met in Closed Session and discussed pending litigation. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY CITY COUNCIL, THE CLOSED SESSION OF OCTOBER 13, 2020 WAS ADJOURNED AT 6: P.M. BY MAYOR BIGELOW. __________________________________ Nichole Camac – City Recorder