City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 21, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, SEPTEMBER 21, 2021, 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 BIGELOW. THE MEETING WAS ALSO HELD ELECTRONICALLY VIA ZOOM. 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 (electronically) STAFF PRESENT ELECTRONICALLY: Nicole Cottle, Acting City Manager Nichole Camac, City Recorder (electronically) Eric Bunderson, City Attorney Scott Buchanan, Acting Police Chief (electronically) John Evans, Fire Chief (electronically) Jim Welch, Finance Director (electronically) Steve Pastorik, CED Director Layne Morris, CPD Director (electronically) Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director (electronically) John Flores, HR Director (electronically) Sam Johnson, Strategic Communications Director INSIDE THE CITY VIDEO SERIES A video providing information about Hump Day Buffet was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD SEPTEMBER 14, 2021 The Council considered the Minutes of the Regular Meeting held September 14, 2021. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held September 14, 2021. Councilmember Lang seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 21, 2021 -2- A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock stated that he is concerned about the cleanliness of the locker rooms in the Family Fitness Center. Mike Markham thanked the City for their quick response regarding questions about fencing. Mr. Markham stated that he has seen parking compliance issuing tickets and noted that he will send pictures to the Council of other concerns he has with Code Enforcement cases. B. CITY MANAGER COMMENTS Nicole Cottle, Acting City Manager, had no comments. B. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC COMMENT REGARDING APPLICATION GPZ-7-2020, FILED BY HOLIDAY OIL, REQUESTING A GENERAL PLAN CHANGE FROM LOW DENSITY RESIDENTIAL (3 TO 4 UNITS/ACRE) TO NEIGHBORHOOD COMMERCIAL AND A ZONE CHANGE FROM R-1-8 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) TO C-1 (NEIGHBORHOOD COMMERCIAL) FOR PROPERTY LOCATED AT 6443 WEST 3500 SOUTH Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled September 21, 2021, in order for the City Council to hear and consider public comments regarding application GPZ-7-2020, Filed by Holiday Oil, Requesting a General Plan Change from Low Density Residential (3 to 4 units/acre) to Neighborhood Commercial and a Zone Change from R-1-8 (Single Unit Dwelling Residential, Minimum Lot Size 8,000 Square Feet) to C-1 (Neighborhood Commercial) for Property Located at 6443 West 3500 South. Written documentation previously provided to the City Council included information as follows: The applicant is proposing to demolish the existing home on the property to make room for an expanded convenience store, a relocated car wash, and an expanded fuel canopy on the subject property along with the property to the east. The applicant was originally going to demolish and rebuild the MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 21, 2021 -3- convenience store. However, after securing a variance from UDOT for a second access onto 3500 South, the applicant has decided to expand the existing convenience store. If this General Plan/zone change is approved, a conditional use permit will be required for the planned project. City Code requires the front yard setback to be measured from the future right-of-way line where widening is anticipated in the Major Street Plan. The City’s Major Street Plan shows the future right-of-way width for this portion of 3500 South as 106’. The existing right-of-way width is 80’. The proposed development agreement requires dedication to get to the 106’ of right-of-way but allows the required 20’ front yard landscaping to be measured from the existing property line. Mayor Bigelow opened the Public Hearing Lindie Beaudoin stated that this proposal is near her home. She indicated that this location is very busy and is a great asset to the community. Ms. Beaudoin stated that it is important to support businesses wanting to expand and better serve the residents. She indicated that she feels there has been a good compromise in placing a masonry wall and would encourage the Council to approve the application. Karma Lloyd stated that she is opposed to this application. She indicated that she feels the use does not meet the purpose of the C-1 zone. She expressed concern regarding safety, existing and potential increased traffic, noise, litter, and landscaping. Brent Neal stated that that he represents Holiday Oil. He indicated that the purpose of this application is to increase the size of the store and improve traffic flow on the property. Darrell Curtis stated he met with neighbors in the area and asked how they felt about the proposal. He indicated that the neighbors are unhappy and were concerned about an elevation change that would make the 6-foot masonry wall ineffective. Mr. Curtis noted that many residents were concerned about safety, trash, noise, and the ability for people to see into their backyards. Rebecca Riggs stated that she lives in the area and she would not be opposed to this application being approved. She indicated that her home would be directly behind the expansion and her only request would be that a higher masonry fence be constructed to block the noise and visibility of seeing into her yard. Ms. Riggs also stated that she would like to see increased lighting to deter crime. Jim Vesock stated that he would be opposed to this application due to the traffic MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 21, 2021 -4- impact, noise, and there being no electrical charging stations proposed. Brent Neal stated that there is a push to have charging stations in gas stations by 2030 and noted that conduit can be included as part of expansion. Mr. Neal stated that new lighting fixtures allow lighting to be kept on site as much as possible to avoid pollution spilling into neighboring residences. He noted that he would be amenable to constructing an 8-foot fence. Councilmember Huynh asked how noise and litter could be further mitigated. Mr. Neal replied that a higher fence would help but noted that this is an active service station so things like that can’t be entirely eliminated. Councilmember Huynh asked why the expansion is being proposed. Mr. Neal replied that the opportunity presented itself and the expansion would allow for a larger convenience store and better traffic flow on site. Councilmember Buhler clarified that the homeowner to the west approached Holiday Oil with the proposal to sell their property. Mr. Neal replied yes. Darrell Curtis stated that the property owner will lose a significant amount of money if this deal moves forward. He indicated that the value of the home and property have increased significantly over the past 2 years. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 21-56, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM LOW DENSITY RESIDENTIAL (3 TO 4 UNITS/ACRE) TO NEIGHBORHOOD COMMERCIAL FOR PROPERTY LOCATED AT 6443 WEST 3500 SOUTH The City Council previously held a public hearing regarding proposed Ordinance 21-56 that would amend the General Plan to Show a Change of Land Use from Low Density Residential (3 to 4 units/Acre) to Neighborhood Commercial for Property Located at 6443 West 3500 South. Councilmember Buhler stated that any decision he makes is not based on financial situations, the number of gas pumps, the specific height of the wall, etc. He indicated that his decision is always based on whether a proposal is special enough to warrant a change to a property that has an existing use and what is best for the City. Councilmember Lang stated that she is concerned about the additional gas pump being added to the south and the proximity to the residents. She noted that the car wash will also create an extra amount of nuisance and stated that she would like to see the hours limited if the application were approved. Mayor Bigelow stated that the the existing use will stay the way it is whether the Council chooses to approve or deny this application. He indicated that he doesn’t see this use changing substantially in the future either so all the current nuisances will MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 21, 2021 -5- remain. Mayor Bigelow stated that members of the Council will largely vote based on what their preference and opinion is of what is best for the area. Councilmember Huynh stated that the City will continue to see applications like this in the future. He referenced the Smiths on 4100 South and Redwood Road and the likely need for expansion due to high density housing being constructed in the area. He indicated that he understands the need to accommodate but also noted that noise and litter are a concern. Councilmember Buhler stated that all decisions the Council makes are opinions and best judgment and hopefully represent the best interest of the residents and the community they serve. He indicated that there are seven of them, the majority wins, and the City continues to progress and evolve. 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 deny Ordinance 21-56. 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. Denied. ACTION: ORDINANCE NO. 21-57, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 6443 WEST 3500 SOUTH ON 0.34 ACRES FROM R-1-8 (SINGLE FAMILY DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) TO C-1 (NEIGHBORHOOD COMMERCIAL) The City Council previously held a public hearing regarding proposed Ordinance 21-57 that would amend the Zoning Map to show a change of Zone for property located at 6443 West 3500 South on 0.34 Acres from R-1-8 (Single Family Dwelling Residential, Minimum Lot Size 8,000 Square Feet) to C-1 (Neighborhood Commercial). MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 21, 2021 -6- 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 deny Ordinance 21-57. 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. Denied. ACTION: RESOLUTION NO. 21-167, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH HOLIDAY OIL FOR APPROXIMATELY 1.29 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 6415 WEST AND 6443 WEST 3500 SOUTH Mayor Bigelow presented proposed Resolution 21-167 that would authorize the City to enter into a Development Agreement with Holiday Oil for approximately 1.29 Acres of Property Located at Approximately 6415 West and 6443 West 3500 South. Written documentation previously provided to the City Council included information as follows: Jim Jessop with Holiday Oil has submitted a General Plan/zone change application (GPZ-7-2020) to change the zoning from R-1-8 (single unit dwelling residential, minimum lot size 8,000 SF) to C-1 (neighborhood commercial) and to change the General Plan from low density residential (3 to 4 units/acre) to neighborhood commercial. The Planning Commission recommended approval of the General Plan/zone change subject to a development agreement. The proposed development agreement requires 13’ of right-of-way dedication along 3500 South to accommodate future road widening. The agreement also allows the required 20’ of landscaping to be measured from the current property line.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 21, 2021 -7- 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 deny Resolution 21-167. 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. Denied. CONSENT AGENDA SCHEDULED FOR SEPTEMEBER 21, 2021 A. RESOLUTION 21-168: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED, A PERPETUAL EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM HOA TRAN FOR PROPERTY LOCATED AT 5029 WEST EAGLE WOOD DRIVE Mayor Bigelow discussed proposed Resolution 21-168 that would authorize the City to Enter into a Real Estate Purchase Agreement and Accept a Warranty Deed, a Perpetual Easement, and a Temporary Construction Easement With and From Hoa Tran for Property Located at 5029 West Eagle Wood Drive Written documentation previously provided to the City Council included information as follows: The Hoa T. Tran parcel located at 5029 W. Eagle Wood Drive is one of several parcels affected by the 4700 South Reconstruction Project (4000 West to 5600 West). This project is being constructed in cooperation with Kearns Metro Township. This project will reconstruct the pavement, curb, gutter, sidewalk and decorative street lighting on both sides of 4700 South and 4715 South to improve safety and ride quality of 4700 South and 4715 South. Compensation for the purchase of the Warranty Deed, Perpetual Easement and a Temporary Construction Easement and improvements is $6,100.00 based upon the Administrative Compensation Estimate prepared  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 21, 2021 -8- by Horrocks Engineering. The project is being funded under the Surface Transportation Program (STP) with federal funds. Kearns Metro Township executed the Federal Aid Agreement with UDOT. West Valley City has signed an Interlocal Agreement with Kearns Metro Township. The city is responsible for 6.77% of all project costs, including right of way, within West Valley City jurisdictional limits. The total value for the Warranty Deed, Perpetual Easement and a Temporary Construction Easement is $6,100.00, making the West Valley City share of the acquisition $412.97. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Resolution 21-168. Councilmember Nordfelt 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. 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 REGULAR MEETING OF TUESDAY, SEPTEMBER 21, 2021 WAS ADJOURNED AT 7:20 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 21, 2021.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 21, 2021 -9- _______________________________ Nichole Camac, CMC City Recorder