City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 24, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 24, 2019, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR PRO TEM BUHLER. THE FOLLOWING MEMBERS WERE PRESENT: Steve Buhler, Mayor Pro Tem/ Councilmember District 2 Don Christensen, Councilmember At-Large Lars Nordfelt, Councilmember At-Large Tom Huynh, Councilmember District 1 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 ABSENT: Ron Bigelow, Mayor STAFF PRESENT: Wayne T Pyle, City Manager Angel Pezely, Deputy City Recorder Paul Isaac, Assistant City Manager/ HR Director Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Jeannette Carpenter, Acting Finance Director Colleen Jacobs, Police Chief John Evans, Fire Chief Russell Willardson, Public Works Director Layne Morris, CPD Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Jake Arslanian, Public Works Department OPENING CEREMONY Don Christensen conducted the Opening Ceremony. Councilman Christensen stated that today is National Register to Vote Day. He discussed the fact that the City of West Valley has 43,585 registered voters. He expressed the importance of people exercising their opportunity to vote. The largest turn out we have had was 17% in the last primary election. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 24, 2019 -2- We need to think about the responsibility we have to vote. Councilman Christensen lead us in the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD SEPTEMBER 17, 2019 The Council considered the Minutes of the Regular Meeting held September 17, 2019. There were no changes, corrections or deletions. Councilmember Don Christensen moved to approve the Minutes of the Regular Meeting held September 10, 2019. Councilmember Lars Nordfelt seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Mike Markham referred to the Council’s Study Meeting discussion on sustainability. He spoke about a television show he’s watching about building a home with sustainable energy and the amount of work and money it takes. He suggests the Council watch this show to see what goes into this sort of project. He’d like to know how many homes we currently have that are built with sustainable materials. Jim Vesock also spoke about energy efficient homes. He discussed the large cost when it comes to building a sustainable home. He also feels that we should allow and encourage localscape. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION S-5-2019, FILED BY KEN MILNE, REQUESTING FINAL PLAT APPROVAL FOR NEWTON FARMS SUBDIVISION PHASE 3 (VACATING LOT 114 NEWTON FARM SUBDIVISION 1B, AMENDING LOTS 113 AND 115 NEWTON FARM SUBDIVISION PHASE 1B, PARCEL A CLEARSTONE ESTATES SUBDIVISION NO. 2, AND VACATING 6470 WEST) FOR PROPERTY LOCATED AT 3740 SOUTH 6450 WEST Mayor Pro Tem Buhler informed a public hearing had been advertised for the Regular Council Meeting scheduled September 24, 2019, in order for the City MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 24, 2019 -3- Council to hear and consider public comments regarding application S-5-2019, filed by Ken Milne, requesting Final Plat Approval for Newton Farms Subdivision Phase 3 (Vacating Lot 114 Newton Farm Subdivision 1B, Amending Lots 113 and 115 Newton Farm Subdivision Phase 1B, Parcel A Clearstone Estates Subdivision No. 2, and Vacating 6470 West) for property located at 3740 South 6450 West. Written documentation previously provided to the City Council included information as follows: Ken Milne, is requesting final subdivision approval for the Newton Farm Phase 3 Subdivision. The request for subdivision approval includes the vacation of lot 114 in Newton Farm Subdivision Phase 1B along with an amendment of lots 113 and 115 in said subdivision and Parcel A in Clearstone Estates Subdivision No. 2. The proposed subdivision also includes a vacation to all of 6470 West at 3785 South. The subdivision will consist of 15 lots on approximately 6.2 acres. This equates to an overall density of 2.4 units per acre. Lot sizes range from 10,115 square feet to 19,900 square feet. The average lot size in the subdivision has been calculated at 15,256 square feet. Access to the subdivision will be gained from Newton Farm Drive to the north. To gain access to this phase of the subdivision, the developer is proposing to vacate lot 114 to make room for the new street. Along with this vacation, lots on both sides of lot 114 will be amended to absorb the remaining property from lot 114. Lot 113 will increase in size by approximately 4,800 square feet and lot 115 will increase by approximately 1,800 square feet. An existing stub street on the south (6470 West) is proposed to be vacated along with the subdivision application. Neither resident living along this street wants the connection to be made and has discussed this with the developer. The developer will install street improvements along 3785 South including curb, gutter, sidewalk and a drive approach to the existing residents. Mayor Pro Tem Buhler opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Pro Tem Buhler closed the Public Hearing. ACTION: ORDINANCE NO. 19-39, APPROVE THE VACATION OF LOT 114 AND THE AMENDMENT OF LOTS 113 AND 115 IN NEWTON FARM SUBDIVISION PHASE 1B. ALSO APPROVE THE AMENDMENT OF PARCEL A CLEARSTONE ESTATES SUBDIVISION NO. 2 AND THE MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 24, 2019 -4- STREET VACATION OF 6470 WEST The City Council previously held a public hearing regarding proposed Ordinance 19-39 that would approve the vacation of Lot 114 and the amendment of lots 113 and 115 in Newton Farm Subdivision Phase 1B. Also approve the amendment of Parcel A Clearstone Estates Subdivision No. 2 and the street vacation of 6470 West. Upon inquiry by Mayor Pro Tem Buhler there were no further questions from members of the City Council, and he called for a motion. Councilmember Lars Nordfelt moved to approve Ordinance 19-39. Councilmember Karen Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Pro Tem Buhler Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-12-2019, FILED BY VIJAY DANDAPANI, REQUESTING A ZONE TEXT CHANGE TO SECTION 11-6-101 OF THE SIGN CODE REGARDING ALTERATIONS TO NONCONFORMING SIGNS Mayor Pro Tem Buhler informed a public hearing had been advertised for the Regular Council Meeting scheduled September 24, 2019, in order for the City Council to hear and consider public comments regarding application ZT-12-2019, filed by Vijay Dandapani, requesting a Zone Text Change to section 11-6-101 of the sign code regarding alterations to nonconforming signs. Written documentation previously provided to the City Council included information as follows: The applicant, Vijay Dandapani, is with Best Western, who moved into the building that was formerly La Quinta at 3540 South 2200 West. This site has an existing freeway-oriented pole sign that, according to current standards, is nonconforming because the site is 2.6 acres and City code requires a site of at least 10 acres for a pole sign. Best Western has changed the face of the sign, which the code allows for freeway-oriented pole signs, MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 24, 2019 -5- and desires to change the shape of the sign cabinet, which the code does not allow. Hence, the applicant requested the proposed change that would allow nonconforming signs to be “reasonably altered”. As seen in the attached meeting minutes, the Planning Commission denied this application during their public hearing on August 14, 2019. The minutes also include a list of reasons why staff was not supportive of this change. Included in this list from staff is the progress made from implementing the current ordinance as evidenced by the attached before and after photos. The list also includes the changes to the City’s sign code relating to alterations made over many years as seen in the attached summary of sign code changes. Included with this issue paper is a letter from the applicant outlining the reasons for this appeal. Also included is the applicant’s original application. In applicant’s appeal letter states: “The changes were rejected because of the wording, ‘a nonconforming sign may be reasonably altered’ could lead to many making unneeded and unreasonable alterations.” The vague wording of the applicant’s proposal was a secondary concern for staff. Even if the vague language is changed as the applicant suggests, it still doesn’t address staff’s primary concern that this change would be a significant policy shift that would undo 29 years of precedent. Mayor Pro Tem Buhler opened the Public Hearing. Joshua Irvine is stated that he understands the need for the ordinance and supports the city’s efforts. They’re required by the corporation to change the shape of the sign to comply with trademark rules. They will have to potentially change the name of the hotel without the option to change the pole sign. They feel that the monument sign, suggested by the Planning Commission is a safety hazard. If they don’t get the exception, they will have to turn off the sign and they feel the empty sign won’t help anybody. Jim Vesock also spoke about the sign. He doesn’t feel like changing the sign would hurt. He feels that the sign looks tacky now and would look much better with the Best Western shaped sign. ACTION: ORDINANCE NO. 19-40, AMEND SECTION 11-6-101 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND REGULATIONS GOVERNING THE ALTERATION OF NONCONFORMING SIGNS The City Council previously held a public hearing regarding proposed Ordinance 19-40 that would amend section 11-6-101 of the West Valley City Municipal Code MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 24, 2019 -6- to amend regulations governing the alteration of nonconforming signs. Councilman Buhler asked for clarification on what the approval or denial of the appeal would mean. City Manager Wayne Pyle explained that if they approve the appeal it would in fact change the ordinance. Councilman Fitisemanu asked Mr. Irvine if there would be a penalty for the business if they don’t get this exception. Mr. Irvine stated there was a possibility that Best Western would terminate the franchise or find them liable of penalties up to six figures. Councilman Huynh stated that he does not see the problem letting the business change their sign as requested. Councilman Nordfelt stated that if the Council approves this it is doing more than just allowing this business to change their sign. It will be opening a door that the Council closed many years ago. They’re trying to improve the horizon in our City and this is one of the tools they use to do that. He doesn’t feel that we should make this exception, which will then open the exception to anyone. This business doesn’t deserve special treatment over other business that didn’t get to change their signs when they changed owners. Council Fitisemanu noted that this sign is supposed to be removed with future development anyway. There is some room within the existing ordinance that would allow for lights or other changes. Councilman Huynh stated that he has been on the Council for 8 years and hasn’t seen any other hotels apply for this exception. Councilman Christensen asked if they have any idea when the future development Mr. Irvine mentioned will take place. Mr. Irvine explained that the time line would depend on the profitability of the current business, but that they’re hope for 2-5 years. Upon inquiry by Mayor Pro Tem Buhler there were no further questions from members of the City Council, and he called for a motion. Councilmember Lars Nordfelt moved to deny Ordinance 19-40. Councilmember Jake Fitisemanu seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 24, 2019 -7- Mr. Fitisemanu Yes Ms. Lang No Mr. Huynh No Mr. Christensen No Mr. Nordfelt Yes Mayor Pro Tem Buhler Yes Motion Fails. Councilmember Lars Nordfelt moved to continue Ordinance 19-40 to October 1st. Councilmember Karen Lang seconded the motion. Mr. Fitisemanu Yes Ms. Lang Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Pro Tem Buhler Yes Unanimous. Continued. MOTION TO ADJOURN Upon motion by Councilmember Karen Lang, all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, SEPTEMBER 24, 2019 WAS ADJOURNED AT 7:00 P.M. BY MAYOR PRO TEM BUHLER. I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Regular Meeting of the West Valley City Council held Tuesday, September 24, 2019. _______________________________ Angel Pezely Deputy City Recorder