City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – OCTOBER 4, 2022 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, OCTOBER 4, 2022 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 PRO TEM HUYNH. THE FOLLOWING MEMBERS WERE PRESENT: Tom Huynh, Mayor Pro Tem- Conducting Karen Lang, Mayor (electronically) Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne T Pyle, City Manager (electronically) Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney (electronically) Mike Fossmo, Acting Police Chief John Evans, Fire Chief (electronically) Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director (electronically) Dan Johnson, Public Works Director Jason Erekson, Acting Parks and Recreation Director Sam Johnson, Strategic Communications Director (electronically) Mark Nord, Economic Development Director (electronically) Ken Cushing, IT APPROVAL OF MINUTES OF STUDY MEETING HELD SEPTEMBER 27, 2022 The Council considered the Minutes of the Study Meeting held September 27, 2022. There were no changes, corrections or deletions. Councilmember Whetstone moved to approve the Minutes of the Study Meeting held September 27, 2022. Councilmember Harmon seconded the motion.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 4, 2022 -2- A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDAS FOR REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY, AND MUNICIPAL BUILDING AUTHORITY MEETINGS OF OCTOBER 4, 2022 Upon inquiry by Mayor Pro Tem Huynh, members of the Council had no further questions or concerns regarding items listed on the Agendas for the Regular City Council, Redevelopment Agency, and Municipal Building Authority meetings scheduled later this night. PUBLIC HEARINGS SCHEDULED FOR OCTOBER 11, 2022 A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-9-2022, FILED BY SHANE KEYVANI, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RE (RESIDENTIAL ESTATE) FOR PROPERTY LOCATED AT 3940 SOUTH 5200 WEST Mayor Pro Tem Huynh informed a public hearing had been advertised for the Regular Council Meeting scheduled October 11, 2022, in order for the City Council to hear and consider public comments regarding application Z-9-2022, Filed by Shane Keyvani, Requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to RE (Residential Estate) for Property Located at 3940 South 5200 West. Proposed Ordinance 22-37 and Resolution 22-143 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: ORDINANCE NO. 22-37, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3940 SOUTH 5200 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RE (RESIDENTIAL ESTATE) Steve Pastorik, CED Director, discussed proposed Ordinance 22-37 that would amend the Zoning Map to Show a Change of Zone for Property Located at 3940 South 5200 West from A (Agriculture, Minimum Lot Size 1/2 Acre) to RE (Residential Estate). Written documentation previously provided to the City Council included information as follows: The applicant has submitted a concept plan that shows the subject property being subdivided into 25 lots yielding a density of 2.4 units/acre. The applicant also submitted a letter supporting this application that is included with this issue paper. The concept plan includes 2 lots that do not meet the MINUTES OF COUNCIL STUDY MEETING – OCTOBER 4, 2022 -3- minimum lot width for the RE zone of 100’. A development agreement is required for this project as outlined in City Code (Section 7-11-213). Accordingly, the applicant made several development agreement proposals as part of his application. The latest two proposals are included with this issue paper and summarized in the attached PowerPoint presentation. After reviewing the different development agreement proposals made by the applicant, the Planning Commission recommended approval of the zone change subject to a development agreement that includes the City’s previous housing standards, which include standards that are higher than some of the standards proposed by the applicant. Staff then prepared the development agreement based on the Planning Commission’s recommendation. The applicant declined to sign the development agreement stating that: “It would simply not be economically feasible for anyone to build the project with the terms required by the agreement.” ACTION: RESOLUTION NO. 22-143, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT Steve Pastorik, CED Director, discussed proposed Resolution 22-143 that would authorize the City to Enter into a Development Agreement Written documentation previously provided to the City Council included information as follows: Steve Pastorik stated that the Development Agreement is to be determined based on the direction of the Council. He indicated that the Planning Commission recommended one and the applicant has requested two alternatives. The decision must be made by the City Council if approval for the application is given. Councilmember Nordfelt asked if staff encourages applicants to meet previous design standards when an application is submitted. Steve replied yes. He stated they aren’t required to meet previous standards but staff emphasizes that the Council has prioritized these standards in other applications. Councilmember Nordfelt stated that he doesn’t believe exceptions should be made for one development and not another. Councilmember Huynh asked if the applicant would be willing to do a 3- car garage. Steve replied that he could suggest this to the applicant if this is something the Council would like to negotiate. Mayor Lang stated that she would be unwilling to vote for this application if the applicant is not willing to meet previous standards. She indicated that Newton Farms proved that people want more  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 4, 2022 -4- expensive homes on large lots and she wouldn’t be willing to agree to anything less. Mayor Pro Tem Huynh stated that there seems to be at least four Councilmembers in agreement to meet previous standards. Councilmember Harmon agreed and noted that he would be willing to allow some stucco as part of the materials but would like everything else to meet previous standards. Councilmember Nordfelt asked if the entire application should be denied if the applicant is unwilling to meet previous design requirements. Steve replied that he would suggest that this be the action the Council take if the applicant is unwilling to meet previous standards and this is what the Council wants. Councilmember Huynh clarified that the applicant would have to wait a full year before another application is submitted. Steve replied yes. The City Council will consider Ordinance 22-37 and Resolution 22-143 at the Regular Council Meeting scheduled October 11, 2022 at 6:30 P.M. RESOLUTION 22-150: AUTHORIZE THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT WITH SALT LAKE COUNTY FOR A PUBLIC INFORMATION CAMPAIGN REQUIRED BY THE UTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT Dan Johnson, Public Works Director, presented proposed Resolution 22-150 that would authorize the Execution of an Interlocal Cooperation Agreement with Salt Lake County for a Public Information Campaign Required by the Utah Pollutant Discharge Elimination System Permit. Written documentation previously provided to the City Council included information as follows: West Valley City has been a long-standing participant in the Salt Lake County Storm Water Coalition, which was created to implement a public education and outreach campaign to raise awareness of the importance of keeping storm water clean before entering water bodies. Participation in the Coalition is a critical part of the City’s Storm Water Management Plan to remain compliant with the Storm Water Permit with the State of Utah. This agreement provides for continued City participation as a member of the Salt Lake County Storm Water Coalition through 2028. The cost to the participating cities is based on population at a cost of $0.15 per resident making West Valley City’s share $21,326 annually (140,230 residents). All costs associated with this agreement have been included in the Storm Water Utility budget. The Coalition will continue to market the “We All Live Downstream” slogan and Droplet branding to increase the public’s knowledge of stormwater pollution.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 4, 2022 -5- The City Council will consider Resolution 22-150 at the Regular Council Meeting scheduled October 11, 2022 at 6:30 P.M. COMMUNICATIONS A. SANITATION FUND DISCUSSION Dan Johnson, Public Works Director, presented a PowerPoint presentation summarized as follows: - Ace Disposal Agreement timeline - Sanitation Revenue-Expenditure and Fund Balance Projections - Sanitation Fee Options for City Council o No sanitation fee increase now or in the future -Reduce services (Not recommended) o Increase sanitation fee now  Approximately 15% Recommended  Generates $925,000 new revenue o Future sanitation fee increase  Recommended no later than January 2024 - Rising Costs and Risks (current contract) - Rising Costs and Risks (knowns and unknowns) - Sanitation Revenue-Expenditure and Fund balance projections - Monthly Collection Fee Comparison - Historical Monthly Sanitation Fee Councilmember Christensen clarified that the contract with ACE ends in 2026 and asked if they would have the option at that point to re-bid. Dan replied yes. Councilmember Nordfelt asked if the City can opt out of its contract with ACE in the next two years. Dan replied yes but noted that ACE cannot terminate the contract with the City. Councilmember Whetstone noted that some Cities charge higher rates. Dan agreed and noted that there are different services provided by different communities that could impact cost. Councilmember Nordfelt asked how large the cans are in West Valley City. Dan replied 90 gallons. He noted that West Valley City also provides a bulky waste program (which many other communities do not), neighborhood dumpster program, and electronic waste and shredding events. He indicated that it is difficult to compare rates between Cities when different services are offered. Mayor Pro Tem Huynh noted that Bountiful and South Salt Lake have lower rates. Dan replied that he is unfamiliar with their contracts but would suspect Bountiful is low because they own the landfill in their community. He noted he could reach out to South Salt Lake to see what services they provide. Councilmember Fitisemanu stated that he recalls issues with China  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 4, 2022 -6- accepting recyclable materials several years ago. Dan agreed and stated that this still fluctuates. He indicated that sometimes the cost of recycling is lower (and ACE will refund the City money) and other times it is higher (and the City will pay a surcharge). He noted this is one of the uncertainties that the City faces moving forward. Councilmember Nordfelt asked if waste is still shipped to the landfill near Fairfield. Dan replied yes. Mayor Pro Tem Huynh asked if ACE serves other communities. Dan replied yes and added that there are other companies that provide services as well. Wayne indicated that the Council does not have to make a decision on this now. Mayor Lang indicated that she would like to propose that the rate raise $1 per year so that residents can ease into the increase. Councilmember Nordfelt, Whetstone, and Harmon agreed. The Mayor and Council had no further questions or concerns. B. NEIGHBORHOOD TRAFFIC CALMING Erik Brondum, Public Works, presented a PowerPoint presentation summarized as follows: o Process for Requesting Traffic Calming  Resident contacts the City via phone, email, or on-line service request  Public Works sends a Neighborhood Traffic Study Request form, or it can be download from the website  Resident fills out a description of the traffic concern and obtains ten neighbor signatures  A Traffic Study Work Order is created when the completed form is received  The resident is contacted and made aware of the results when the study is complete o Study Details  Collect speed and traffic volume data for one week  Calculate the 85th percentile speed (85% of vehicles are traveling at this speed or slower)  Apply points based on six specified criteria  Less than 75 points = no action  75 to 99 points = radar feedback signs  100+ points = speed humps o Last 5 years  82 Studies  Three warranted speed humps  Chatterleigh Road (Complete) MINUTES OF COUNCIL STUDY MEETING – OCTOBER 4, 2022 -7-  2320 South (Complete)  Oquirrh Mesa (Not Complete)  Eight pairs of radar feedback signs o Current Year  The Transportation Division has completed ten studies this calendar year, which includes 20 count locations  None of those studies have met the requirements to install traffic calming measure  Currently have two pending and one follow-up study scheduled  The follow-up will collect new data on 2855 W where we installed radar feedback signs last year. o Recent Example on Bonniewood Drive o Map of Speed Hump Installations o 51 Radar Feedback signs Councilmember Fitisemanu asked if requests for traffic calming are mostly generated from the community. Erik replied yes. He noted that the Police Department has a speed trailer that they put out as well to collect data. Erik added that if he sees speeding problems in particular areas, he will pass on information to the Police Department Traffic Unit to assist. Councilmember Fitisemanu stated that he heard from several residents who were told that speed humps couldn’t be added to particular neighborhoods because it would prevent plows from coming through in the winter. Erik replied that plows can go over speed humps but have difficulties with speed bumps. Mayor Lang asked what the cost of a speed hump is versus flashing speed signs. Erik replied that he doesn’t have the exact cost but believes the latest speed hump installation came to about $3,000- $5,000 while the flashing radar signs cost about $2,500. Mayor Lang asked if the community could raise money and pay for installation, even if the City’s traffic study doesn’t warrant the need for a speed hump. Wayne replied that he doesn’t recall this happening in the past but the City could look into this as an option. He noted that not all residents are in agreement when it comes to the installation of speed humps which is why Mr. Brondum created the requirement for a petition to be signed. Councilmember Harmon suggested that the criteria for the speed study may be too high and suggested that staff reevaluate. Erik described how the criteria was established in 2006 and noted that the criteria and threshold requirements can be adjusted. Councilmember Whetstone asked if there are tools available for larger roads like 4100 South. Erik replied that larger roads are more difficult and these are typically enforced through the Police Department or speed radar signs. Councilmember Fitisemanu asked how long a traffic study lasts in neighborhoods. Erik replied one week. Mayor Lang stated that she believes there should be criteria for roads that connect to major collectors as well as pedestrian pathways to schools (even though  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 4, 2022 -8- the school may not be on the street directly). Mayor Pro Tem Huynh asked how much of a budget there is for these types of studies and projects. Erik replied about $65,000 annually. Mayor Pro Tem Huynh asked if this is sufficient. Erik replied that the funds are used every year but there doesn’t seem to be a need for anything additional at this time. The Mayor and Council had no further questions or concerns. C. COUNCIL CALENDAR Mayor Pro Tem Huynh 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 Councilmember Christensen stated that he would like to look at sanitation fee increases. Mayor Lang stated that she would like to discuss the criteria and formula for traffic calming in neighborhoods. B. COUNCIL REPORTS COUNCILMEMBER CHRISTENSEN- WEST VALLEY ORTHODONTICS Councilmember Christensen stated that he attended an open house for the West Valley Orthodontics. He noted that it is a beautiful facility and they are ready for business. MOTION FOR CLOSED SESSION Councilmember Christensen moved to adjourn and reconvene in a Closed Session for discussion of pending litigation. Councilmember Nordfelt 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 4, 2022 WAS ADJOURNED AT 5:33 PM BY MAYOR PRO TEM HUYNH.  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 4, 2022 -9- 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 4, 2022. _______________________________ Nichole Camac, CMC City Recorder THE WEST VALLEY CITY COUNCIL RECONVENED IN CLOSED SESSION ON TUESDAY, OCTOBER 4, 2022, AT 5:35 P.M., IN THE MULTI-PURPOSE ROOM, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER BY MAYOR PRO TEM TOM HUYNH. THE FOLLOWING MEMBERS WERE PRESENT: Tom Huynh, Mayor Pro Tem Karen Lang, Mayor (electronically) Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Scott Harmon, Councilmember District 2 Will Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Wayne Pyle, City Manager (electronically) Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel Eric Bunderson, City Attorney 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 4, 2022 WAS ADJOURNED AT 5:44 P.M. BY MAYOR  MINUTES OF COUNCIL STUDY MEETING – OCTOBER 4, 2022 -10- PRO TEM HUYNH. __________________________________ Nichole Camac – City Recorder