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City Council Regular Meeting

Regular Meeting

West Valley City, UT · September 1, 2020

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Minutes

MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, SEPTEMBER 1, 2020, AT 6:30 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 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 Jim Welch, 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 Steve Pastorik, CED Steve Lehman, CED INSIDE THE POLICE DEPARTMENT VIDEO SERIES A video providing information about the Police Department was displayed. Mayor Bigelow questioned what the grocery sacks were that were being placed in the Police Officers trunk. Wayne replied it was food pantry donations. APPROVAL OF MINUTES OF REGULAR MEETING HELD AUGUST 25, 2020 MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -2- The Council considered the Minutes of the Regular Meeting held August 25, 2020. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held August 25, 2020. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock stated that he would not like to see any controversy with our great Police Department based on the comments from the Mayor. Mr. Vesock commended the Fire Department for their efforts in the California fires. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Mayor Bigelow stated that he did not mean to imply that anything improper was occurring in the Police video. He indicated he is thankful and very supportive of the West Valley City Police Department. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION ZT-4-2020, FILED BY BRUCE SMITH AND FRED COX, REQUESTING AN ORDINANCE CHANGE TO SECTIONS 7-6-302 AND 7-6-305 TO ALLOW THE MINIMUM ZONING DISTRICT SIZE FOR THE C-2 (GENERAL COMMERICAL) ZONE TO BE LESS THAN 5 Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 1, 2020, in order for the City Council to hear and consider public comments regarding application ZT-4-2020, filed by Bruce Smith and Fred Cox, requesting an Ordinance Change to sections 7-6-302 and 7-6-305 to allow the minimum zoning district size for the C-2 (General Commercial) Zone to be less than 5. Written documentation previously provided to the City Council included information as follows: The C-2 zone currently includes a minimum district size of 5 acres. An individual parcel within the C-2 zone can be as small as 20,000 sq. ft.; however, the property must be adjacent to other C-2 zoned parcels that together total 5 acres. The proposed change would allow property zoned M MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -3- (Manufacturing) to be included with property zoned C-2 to meet the minimum district size for the C-2 zone. Staff is supportive of this change for the following reasons:  The M zone allows many of the same uses allowed in the C-2 zone.  The minimum district size seems to be geared toward preventing spot zoning where a relatively small property is zoned different from everything else around it. Maintaining a 5 acre district size next to residential seems more important than trying to maintain a 5 acre district size next to M zoning where commercial uses are allowed. Mayor Bigelow opened the Public Hearing. Fred Cox, the applicant, stated that he had originally proposed an alternative to this but based on feedback from staff, this option seemed to be the best solution. He discussed the property noted in the following application. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 20-36, AMEND SECTIONS 7-6-302 AND 7-6- 305 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND REGULATIONS CONCERNING PROPERTY ELIGIBLE FOR C-2 ZONING The City Council previously held a public hearing regarding proposed Ordinance 20-36 that would amend Sections 7-6-302 and 7-6-305 of the West Valley City Municipal Code to amend regulations concerning property eligible for C-2 Zoning. Mayor Bigelow asked if staff discovered why City changed the Code originally. Steve replied that the minimum 5-acre district size for the C-2 zone was adopted in Ordinance #87-08 by the Council on 2/19/1987. He indicated that unfortunately, the Planning Commission and City Council minutes are lacking any detail as to why this district size was added. Staff’s views as to the purposes/benefits to this standard are:  Ordinance 87-08, which included the 5 acre minimum district size, also included the following purpose for the C-2 zone: “The general commercial zone is established to provide locations for a full range of office, retail MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -4- commercial, and service uses which are oriented to serve the City as a whole as well as a regional market in Salt Lake Valley.” Single anchor shopping centers where a grocery store is the anchor generally range in site area from 3 to 10 acres. Setting a 5 acre minimum increases the chances of getting a variety of tenants to appeal to a broader market.  Along certain major streets like 5600 W and 4100 S, the City has kept commercial uses limited to major signalized intersections. Examples along 4100 S include the intersections at Redwood Road, and 4000 W and 5600 W. Maintaining a 5 acre minimum discourages mid-block locations from converting to commercial.  Without the minimum 5 acre district size, any property that is at least 20,000 sq. ft. in area would be eligible for C-2 zoning even if it is totally surrounded by residential. While the Council can still deny such a zone change request, maintaining the 5 acre district size prevents such applications, saving the applicant’s and the City’s time. This is similar to the Council’s position on the RM zone. Certain eligibility criteria have been adopted so that only certain properties are eligible for RM zoning. Those properties that do not meet the eligibility criteria cannot apply for a zone change.  The City’s General Plan includes the following guiding principle: “Instead of rezoning more ground for retail, the City should encourage new retail development on existing vacant ground zoned commercial and on aging and/or underdeveloped retail areas.” Maintaining a 5 acre minimum district size helps at least steer new commercial to be adjacent to existing commercial areas. Councilmember Buhler stated that he doesn’t see a downside to this proposal. He indicated that he would suggest adding C-1 and C-3 to the proposal and asked if City staff would be supportive of that inclusion. Steve Pastorik, CED, replied that staff would be supportive of adding C-3 to the proposal as it is in line with the manufacturing and C-2 zones but noted that C-1 has stricter and more unique requirements. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve Ordinance 20-36 with the addition of the C-3 zone. Councilmember Lang seconded the motion. A roll call vote was taken: MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -5- Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-5-2020, FILED BY BRUCE SMITH AND FRED COX, REQUESTING A ZONE CHANGE FROM M (MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) ON PROPERTY LOCATED AT 5571 WEST 2455 SOUTH Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 1, 2020, in order for the City Council to hear and consider public comments regarding application Z-5-2020, filed by Bruce Smith and Fred Cox, requesting a Zone Change from M (Manufacturing) to C-2 (General Commercial) on property located at 5571 West 2455 South. Written documentation previously provided to the City Council included information as follows: Included with this issue paper is a concept plan from the applicant showing a proposed 13,250 sq. ft. commercial building. According to the applicant, the proposed uses for the building are retail, professional office and medical office. Retail and professional office are allowed in the M zone; however, medical office is not allowed. This is why the owner is seeking C-2 zoning. The C-2 zone includes a minimum district size of 5 acres. An individual parcel within the C-2 zone can be as small as 20,000 sq. ft.; however, the property must be adjacent to other C-2 zoned parcels that together total 5 acres. If approved, application ZT-4-2020 would allow M zoned property to be included to meet the minimum C-2 district size. If application ZT-4- 2020 is not approved, this application must be denied because the minimum C-2 zone district size would not be met. Mayor Bigelow opened the Public Hearing. Fred Cox, the applicant, indicated that this property seems to make sense for a commercial use. He stated that there has been a number of attempts to develop this property, but the current owner would like to construct a dentist office with other MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -6- general commercial uses. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 20-37, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 5571 WEST 2455 SOUTH FROM M (MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) The City Council previously held a public hearing regarding proposed Ordinance 20-37 that would amend the Zoning Map to show a change of zone for property located at 5571 West 2455 South from M (Manufacturing) to C-2 (General Commercial). Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Lang moved to approve Ordinance 20-37. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 20-138: RENEW WEST VALLEY CITY'S COMMITMENT TO BEING "IDLE FREE" Mayor Bigelow discussed proposed Resolution 20-138 that would renew West Valley City's commitment to being "Idle Free". Written documentation previously provided to the City Council included information as follows: The proposed resolution by the Youth City Council (YCC) encourages citizens and guests to turn off their vehicle’s engine when idling for more than one minute unless MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -7- they are forced to idle because of traffic conditions or if idling is necessary for auxiliary power, health and safety, maintenance and repair, or for law enforcement or emergency personnel. The proposed ordinance would permit law enforcement to give a violator a warning for the first offense. A second offense would be an infraction. Every year, the YCC chooses an area of concern they would like to make impact. This year, they have chosen anti-idling issues. The YCC is concerned about their health and the health of all the City’s residents because air pollution can cause or exacerbate serious health conditions such as asthma, heart disease and chronic obstructive pulmonary disease. Other cities such as Draper, Holladay, Salt Lake City, Murray, Cottonwood Heights, Logan, Alta, Sandy, and Park City have previously adopted ordinances or resolutions to reduce emissions of idling vehicles, clear the air, and protect their residents’ health. The City adopted a resolution in 2010 encouraging citizens and guests to be idle free. The YCC proposes renewing that position in an updated resolution or adopting an ordinance which would provide for education of the issue and allow for enforcement. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Fitisemanu moved to approve Resolution 20-138. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. RESOLUTION 20-139: APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE NATIONAL RECREATION AND PARK ASSOCIATION Mayor Bigelow discussed proposed Resolution 20-139 that would approve a Memorandum of Understanding with the National Recreation and Park Association. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -8- Written documentation previously provided to the City Council included information as follows: The West Valley City parks and recreation department has been awarded one of only twelve national grants by the NRPA to rehabilitate and enhance certain aspects of Parkway Park. The Parkway Park Enhancement and Play Initiative will include enhancements that will beautify and repair various elements of the park as well as offer new activities for the community. The Parkway Park Enhancement and Play Initiative will provide improvements and opportunities to Parkway Park including:  Basketball Courts: reseal courts, new hoops and nets, new lines and artwork painted on courts  Tennis Courts: paint pickleball court lines  Game Zone Addition: two cornhole courts, two chess tables/stools, one outdoor table tennis set, hopscotch and four square court created  Construction of a Pollinator Garden  Plant additional trees to enhance the tree canopy  Install recycled benches  Install graphic design signage for pollinator garden (educational) and sport courts (skill development/drills)  Provide informal programming This is a non-matching grant thus West Valley City is not required to provide additional funds for the project. All aspects will be funded in full by grant dollars. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Fitisemanu moved to approve Resolution 20-139. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -9- Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSIDER APPLICATION SMI-2-2020, FILED BY ELLIOTT SMITH, REQUESTING FINAL PLAT APPROVAL FOR THE TERRAFORM COMMERCIAL SUBDIVISION LOCATED AT 4700 SOUTH 5600 WEST Mayor Bigelow discussed application SMI-2-2020, filed by Elliott Smith, requesting Final Plat Approval for the TerraForm Commercial Subdivision located at 4700 South 5600 West. Written documentation previously provided to the City Council included information as follows: Elliott Smith, representing Robert J. Defa et al, is requesting final plat approval for the TerraForm Commercial Subdivision. The subdivision is located on the northwest corner of 4700 South and 5600 West. The subdivision is bordered on the north by vacant ground zoned Agriculture and the west by storage units. The subdivision will create two lots which will be developed in the future. Lot 1, or the corner lot, will be approximately 1 acre in size, with the remaining property, or lot 2, containing approximately 4 acres in size. The corner lot is being proposed for a new 7-eleven store which is currently being reviewed by staff. Access to the corner piece will be from both 5600 West and 4700 South. UDOT approval will need to be granted for the 5600 West access. Access to lot 2 will be gained from 4700 South. At the present time, there is no proposed use for that lot. As part of this application, the developer will be dedicating a portion of 4700 South. The intersection of 5600 West and 4700 South was built to a 53-foot half width. It is not anticipated that a 53-foot half width will be needed west of the 7-eleven. The applicant is coordinating the right-of-way width needed along this section of 4700 South and where a possible transition should occur going west. The subdivision plat will simply provide the mechanism to divide the property as required by the applicant. The subdivision plat will contain easements and other information applicable to the division of property. Separate applications will be submitted for permitted and/or conditional uses on the two new lots. Upon inquiry by Mayor Bigelow there were no further questions from members of the City MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -10- Council, and he called for a motion. Councilmember Buhler moved to approve Application SMI-2-2020. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSIDER APPLICATION SMI-3-2020, FILED BY SCOTT HELM, REQUESTING FINAL PLAT APPROVAL FOR THE PHIL'S FARM SUBDIVISION LOCATED AT 4180 SOUTH 4625 WEST Mayor Bigelow discussed application SMI-3-2020, filed by Scott Helm, requesting Final Plat Approval for the Phil's Farm Subdivision located at 4180 South 4625 West. Written documentation previously provided to the City Council included information as follows: Mr. Scott Helm, is requesting final plat approval for the Phil’s Farm Subdivision. The subdivision will consist of 7 lots on approximately 2.4 acres. This equates to an overall density of 2.9 units per acre. Lot sizes range from 10,800 square feet to 15,960 square feet. The average lot size in the subdivision has been calculated at 12,580 square feet. Access to the subdivision will be gained from existing stub street in the Condie Park Estates No. 3 Subdivision to the south. The subdivision will then terminate in a cul-de-sac. The City’s right-of-way is typically a 54-foot width that includes curb, gutter, sidewalk and parkstrip. The right-of-way width coming in from the south does not have parkstrip. The City Engineering Division will allow the new subdivision street to be built with an integral curb, gutter sidewalk design, but will require a parkstrip in the bulb of the cul-de-sac. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -11- There is an existing sewer easement that cuts through what will be lot 2. As part of the subdivision design, the developer will move the easement to the north side of lot 3. A new sewer easement will be established and will be coordinated with Granger Hunter Improvement District. In addition, storm water enters this property from subdivisions to the south. A new storm drain easement will also be located on the north side of lot 3. Storm water from this property will then be piped north down Condie Lane out to 4100 South. Provisions to accommodate this piping in 4100 South were made prior to the subdivision application. The subject property has been vacant for years, but staff does not believe it has actively been irrigated. The ditch along the east side of the property will need to be piped. The developer will coordinate any irrigation issues that may be part of this property with the Engineering Division. The applicant will be required to submit a soils report prior to final plat review. The report will need to be reviewed by the City Building Official and City Engineer. Ground water was not encountered in the Condie Park Estates subdivision to the south. Staff does not believe ground water will be a problem, but a soils report will be required. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Lang moved to approve Application SMI-3-2020. Councilmember Huynh seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. CONSENT AGENDA A. RESOLUTION 20-140: AUTHORIZE THE CITY TO ACCEPT A PUBLIC SIDEWALK EASEMENT FROM CAH PROPERTIES, LLC FOR MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -12- PROPERTY LOCATED AT 2159 SOUTH CONSTITUTION BLVD Mayor Bigelow discussed proposed Resolution 20-140 that would authorize the City to accept a Public Sidewalk Easement from CAH Properties, LLC for property located at 2159 South Constitution Blvd. Written documentation previously provided to the City Council included information as follows: Accept a Public Sidewalk Easement from CAH Properties, LLC, a Utah limited liability company across a portion of property located at 2159 S. Constitution Blvd. This easement is required as part of Artisan Place PUD project located at the above referenced address. During construction it was discovered that a high voltage power pole was located within the alignment of the required sidewalk could not be relocated. As a result, a portion of the public sidewalk was shifted slightly around the pole and outside of the public right-of-way. A Public Sidewalk Easement was required for the portion of the sidewalk located outside of the public right-of-way. As a small portion of the required sidewalk falls outside of the existing public right-of-way, a Public Sidewalk Easement was required as a condition of approval for this project the current phase of the project. B. RESOLUTION 20-141: AUTHORIZE THE CITY TO ACCEPT A STORM DRAIN EASEMENT FROM MARIA, CHARLES, DANIEL, AND RACHELL PECK FOR PROPERTY LOCATED AT APPROXIMATELY 3684 SOUTH 4800 WEST Mayor Bigelow discussed proposed Resolution 20-140 that would authorize the City to accept a Storm Drain Easement from Maria, Charles, Daniel, and Rachell Peck for property located at approximately 3684 South 4800 West Written documentation previously provided to the City Council included information as follows: The Public Works Department has prepared plans for a storm drain project to address flooding problems on Tecumseh Street and Pavant Avenue. The plans include the extension of the storm drain through the Peck Property to connect into the existing storm drain in 4800 West. This parcel located at 3684 South 4800 South thus will be affected by the construction of the Tecumseh Storm Drain Project. In 2007 the Pecks had received approval for the Butters Park Subdivision which was never built. The proposed city drainage pipe will follow the alignment of the storm drain proposed for the previously approved MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -13- subdivision. As such, the Storm Drain Easement has been granted to West Valley City without additional compensation. C. RESOLUTION 20-142: AUTHORIZE THE CITY TO ACCEPT A TEMPORARY CONSTRUCTION EASEMENT FROM GREGORY BALLAINE FOR PROPERTY LOCATED AT APPROXIMATELY 3684 SOUTH 4800 WEST Mayor Bigelow discussed proposed Resolution 20-142 that would authorize the City to accept a Temporary Construction Easement from Gregory Ballaine for property located at approximately 3684 South 4800 West. Written documentation previously provided to the City Council included information as follows: The Public Works Department has prepared plans for a storm drain project to address flooding problems on Tecumseh Street and Pavant Avenue. The plans include construction of a perforated 15 inch reinforced concrete pipe and inlet boxes in Tecumseh Street to collect surface and ground water in Tecumseh Street and Pavant Avenue. This parcel located at 4851 W Pavant Ave will be affected by the construction of the Tecumseh Storm Drain Project. Mr. Ballaine has a sump pump in the basement of his home which pumps ground water from the basement. The ground water currently flows down the driveway and over the public sidewalk to the curb and gutter. As part of the project, a small inlet box will be constructed behind the sidewalk in the driveway and a pipe will extend from the inlet box to the storm drain pipe in Tecumseh Street. As such, the Grant of Temporary Construction Easement will allow for construction of the box on the Ballaine property. D. RESOLUTION 20-143: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM ROBERT BARMAN FOR PROPERTY LOCATED AT 3883 SOUTH MARCUS ROAD Mayor Bigelow discussed proposed Resolution 20-143 that would authorize the City to enter into a Right of Way Purchase Agreement and accept a Warranty Deed and Temporary Construction Easement with and From Robert Barman for property located at 3883 South Marcus Road. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -14- The Robert D. Barman property is one of several properties affected by the required removal and replacement of pedestrian ramps to meet current ADA standards as part of the 2020 Asphalt Overlay Project. As part of this project several City streets will be overlaid full width. Any existing ADA ramps which do not comply with the current standards and regulations must be removed and replaced. The Warranty Deed and the Grant of Temporary Construction Easement will facilitate construction of the project. Compensation in the amount of $300.00 was based upon appraisal reports prepared by Integra Realty Resources for other parcels in the neighborhood. E. RESOLUTION 20-144: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM MONTE KEELE, W. SCOTT KEELE, AND DORIS KEELE ANDERSON FOR PROPERTY LOCATED AT 3843 SOUTH MARKET STREET Mayor Bigelow discussed proposed Resolution 20-144 that would authorize the City to enter into a Right of Way Purchase Agreement and accept a Warranty Deed and Temporary Construction Easement with and From Monte Keele, W. Scott Keele, and Doris Keele Anderson for property located at 3843 South Market Street. Written documentation previously provided to the City Council included information as follows: The Monte K. Keele and W. Scott Keele and Doris Keele Anderson property is one of several properties affected by the required removal and replacement of pedestrian ramps to meet current ADA standards as part of the 2020 Asphalt Overlay Project. As part of this project several City streets will be overlaid full width. Any existing ADA ramps which do not comply with the current standards and regulations must be removed and replaced. The Warranty Deed and the Grant of Temporary Construction Easement will facilitate construction of the project. Compensation in the amount of $400.00 was based upon appraisal reports prepared by Integra Realty Resources for other neighboring properties. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Buhler moved to approve the items on the consent agenda. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -15- Councilmember Christensen seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. UNFINISHED BUSINESS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-4-2020, FILED BY JEFFREY AND KRISTINE NAYLOR, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO BRP (BUSINESS RESEARCH PARK) ON PROPERTY LOCATED AT 1078 WEST PARKWAY AVENUE Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled August 18, 2020, in order for the City Council to hear and consider public comments regarding application Z-4-2020, filed by Jeffrey and Kristine Naylor, requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to BRP (Business Research Park) on property located at 1078 West Parkway Avenue. Written documentation previously provided to the City Council included information as follows: Jeffrey and Kristine Naylor have requested a zone change for a portion of a parcel at 1078 West Parkway Avenue from A (agriculture, minimum lot size ½ acre) to BRP (business/research park). After excluding the east 37’, the property proposed for rezoning is 0.8 acre. The subject property is designated as business park in the West Valley City General Plan. Surrounding zones include A to the south, east and a portion of the north and BRP to the west and the remaining north portion. Surrounding land uses include the applicant’s home to the east, the Khadeeja Islamic Center to the south, Metro Business Park buildings to the west and a portion of the north, and a Salt Lake County park for the remaining north portion. The property is currently vacant. MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -16- The applicant has submitted a concept plan that shows a 6,000 square foot cabinet assembly plant and warehouse building. Also included is a letter from the applicants. Since the proposed building will include a light industrial use, the City’s commercial design standards will apply. Curb, gutter and sidewalk will be required along the property frontage as part of the site plan approval process. Mayor Bigelow opened a Public Hearing. Fred Cox stated that this looks like a good use for the area as long as there is no objection from neighboring properties. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 20-29, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 1078 WEST PARKWAY AVENUE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO BRP (BUSINESS RESEARCH PARK) The City Council previously held a public hearing regarding proposed Ordinance 20-29 that would amend the zoning map to show a change of zone for property located at 1078 West Parkway Avenue from A (Agriculture, Minimum Lot Size 1/2 Acre) to BRP (Business Research Park). Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Lang moved to approve Ordinance 20-29 Councilmember Nordfelt seconded the motion. Councilmember Nordfelt stated that the property is in disrepair. He indicated that it will be greatly improved by approval. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler No Mr. Huynh No Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow No MINUTES OF COUNCIL REGULAR MEETING – SEPTEMBER 1, 2020 -17- Majority. MOTION TO ADJOURN Upon motion by Councilmember Lang, all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, SEPTEMBER 1, 2020 WAS ADJOURNED AT 7:11 P.M. BY MAYOR BIGELOW. 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 1, 2020. _______________________________ Nichole Camac, CMC City Recorder

Agenda

WEST VALLEY CITY The Regular Electronic Meeting of the West Valley City Council will be held on Tuesday, September 1, 2020, at 6:30 PM. This meeting will be held electronically. Members of the press and public are invited to view this meeting live on YouTube at https://www.youtube.com/user/WVCTV. To participate in the public comment period or scheduled public hearings, please visit www.wvc-ut.gov/PublicComment prior to 2:30 PM on September 1, 2020. AGENDA 1. Call to Order 2. Roll Call 3. Inside the Police Department Video Series 4. Special Recognitions 5. Approval of Minutes: A. August 25, 2020 6. Comment Period: (The comment period is limited to 30 minutes. Any person wishing to comment shall limit their comments to five minutes. Any person wishing to comment during the comment period shall request recognition by the Mayor. All comments shall be directed to the Mayor. No person addressing the City Council during the comment period shall be allowed to comment more than once during that comment period. Speakers should not expect any debate with the Mayor, City Council or City Staff; however, the Mayor, City Council or City Staff may respond within the 30-minute period.)  West Valley City does not discriminate on the basis of race, color, national origin, gender, religion, age or disability in employment or the provision of services.  If you are planning to attend this public meeting and, due to a disability, need assistance in understanding or participating in the meeting, please notify the City eight or more hours in advance of the meeting and we will try to provide whatever assistance may be required. The person to contact for assistance is Nichole Camac.  Electronic connection may be made by telephonic or other means. In the event of an electronic meeting, the anchor location is designated as City Council Chambers, West Valley City Hall, 3600 Constitution Boulevard, West Valley City, Utah. 3600 South Constitution Boulevard, West Valley City, Utah, 84119 | Phone: 801-963-3203 | Fax: 801-963-3206 TDD: 801-963-3418 | www.wvc-ut.gov A. Public Comments B. City Manager Comments C. City Council Comments 7. Public Hearings: A. Accept Public Input Regarding Application ZT-4-2020, Filed by Bruce Smith and Fred Cox, Requesting an Ordinance Change to Sections 7-6-302 and 7-6-305 to Allow the Minimum Zoning District Size for the C-2 (General Commercial) Zone to be Less Than 5 Action: Consider Ordinance 20-36, Amend Sections 7-6-302 and 7-6-305 of the West Valley City Municipal Code to Amend Regulations Concerning Property Eligible for C-2 Zoning B. Accept Public Input Regarding Application Z-5-2020, Filed by Bruce Smith and Fred Cox, Requesting a Zone Change from M (Manufacturing) to C-2 (General Commercial) on Property Located at 5571 West 2455 South Action: Consider Ordinance 20-37, Amend the Zoning Map to Show a Change of Zone for Property Located at 5571 West 2455 South from M (Manufacturing) to C-2 (General Commercial) 8. Resolutions: A. 20-138: Renew West Valley City's Commitment to Being "Idle Free" B. 20-139: Approve a Memorandum of Understanding with the National Recreation and Park Association 9. New Business: A. Consider Application SMI-2-2020, Filed by Elliott Smith, Requesting Final Plat Approval for the TerraForm Commercial Subdivision Located at 4700 South 5600 West B. Consider Application SMI-3-2020, Filed by Scott Helm, Requesting Final Plat Approval for the Phil's Farm Subdivision Located at 4180 South 4625 West 10. Consent Agenda: A. Reso. 20-140: Authorize the City to Accept a Public Sidewalk Easement from CAH Properties, LLC for Property Located at 2159 South Constitution Blvd B. Reso. 20-141: Authorize the City to Accept a Storm Drain Easement from Maria, Charles, Daniel, and Rachell Peck for Property Located at Approximately 3684 South 4800 West C. Reso. 20-142: Authorize the City to Accept a Temporary Construction Easement from Gregory Ballaine for Property Located at Approximately 3684 South 4800 West D. Reso. 20-143: Authorize the City to Enter into a Right of Way Purchase Agreement and Accept a Warranty Deed and Temporary Construction Easement with and From Robert Barman for Property Located at 3883 South Marcus Road E. Reso. 20-144: Authorize the City to Enter into a Right of Way Purchase Agreement and Accept a Warranty Deed and Temporary Construction Easement with and From Monte Keele, W. Scott Keele, and Doris Keele Anderson for Property Located at 3843 South Market Street 11. Unfinished Business: A. Accept Public Input Regarding Application Z-4-2020, Filed by Jeffrey and Kristine Naylor, Requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to BRP (Business Research Park) on Property Located at 1078 West Parkway Avenue Action: Consider Ordinance 20-29, Amend the Zoning Map to Show a Change of Zone for Property Located at 1078 West Parkway Avenue from A (Agriculture, Minimum Lot Size 1/2 Acre) to BRP (Business Research Park) 12. Motion for Closed Session (if necessary) 13. Adjourn

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