City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 14, 2021 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, SEPTEMBER 14, 2021 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 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 (electronically)(arrived as noted) Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 (electronically) STAFF PRESENT: Nicole Cottle, Assistant City Manager/General Counsel Nichole Camac, City Recorder Eric Bunderson, City Attorney Colleen Jacobs, Police Chief (electronically) John Evans, Fire Chief 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 Sam Johnson, Strategic Communications Director Ken Cushing, IT APPROVAL OF MINUTES OF STUDY MEETING HELD SEPTEMBER 7, 2021 The Council considered the Minutes of the Study Meeting held September 7, 2021. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Study Meeting held September 7, 2021. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion.  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 14, 2021 -2- REVIEW AGENDAS FOR REGULAR CITY COUNCIL AND SPECIAL REDEVELOPMENT AGENCY MEETINGS OF SEPTMEBER 14, 2021 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. Councilmember Huynh arrive electronically at 4:32 PM. PUBLIC HEARINGS SCHEDULED FOR SEPTEMBER 21, 2021 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. Proposed Ordinances 21-56 and 21-57 and Resolution 21-167 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: 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 Steve Pastorik, CED Director, discussed 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. 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 MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 14, 2021 -3- 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 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. 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) Steve Pastorik, CED Director, discussed 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) 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 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 MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 14, 2021 -4- 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. 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 Steve Pastorik, CED Director, discussed 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. Councilmember Buhler asked if there is a benefit to requiring the dedication of the right-of-way to UDOT for future expansion. Steve replied that it would be for UDOT’s benefit and noted that it is less expensive to do it at this point than in the future. Councilmember Buhler clarified that the landscaping will be maintained and will remain until the road expansion occurs. Steve replied yes. Councilmember Lang asked when the road expansion is planned to occur. Steve replied between 2040-2050. Councilmember Lang asked if there were many people who were opposed to this application when the Planning Commission reviewed it. Steve replied that there were people who expressed concern related to the expansion and additional hours. Councilmember Lang asked if the convenience store cannot expand without acquiring the neighboring property. Steve replied that there is not enough room. He noted that they want to expand the existing gas canopy which would interfere with circulation around the property. Councilmember Christensen  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 14, 2021 -5- asked how long this project has been in process. Steve replied since last year and noted that they wanted to work with UDOT to obtain that second access. Councilmember Fitisemanu asked if there could be a flag lot. Steve replied he doesn’t believe there is enough room to do that. Councilmember Fitisemanu said he likes large clean gas stations but noted that housing seems to be more of a priority. Councilmember Lang asked when the home was built. Steve replied 2002. Councilmember Buhler asked if the applicant owns the property. Steve replied he does not believe so. He indicated that the property owners do have a contract. Councilmember Lang stated she is not in favor of this application but if it were passed she would like the brand new store. She noted that adding additional canopy adds extra commotion to neighbors and noted that the proposed car wash is also really close to neighbors. Mayor Bigelow stated that this reminds him of conversations related to 4100 South. He indicated that eventually this road will expand and become wider and there will be a lot of traffic coming from Magna that will impact this area. He stated that development will take place at intersections and setting criteria is important because it will occur in the future if it doesn’t occur now. Mayor Bigelow noted that as the City grows, services such as gas stations, come in greater demand. Councilmember Nordfelt asked what the zoning is on the northeast side of the intersection. Steve replied that it may be agriculture or residential. Councilmember Lang stated that the similar expansion of the business to the east isn’t justification for the expansion of this business. She indicated that the gas station works as it is and she doesn’t see a need to cause additional disruption to neighbors. Councilmember Lang asked what type of fencing would be required. Steve replied a 6-foot masonry wall. Councilmember Lang expressed concern about homes being impacted from vehicle light. Steve replied that the City has required higher fences in the past for topography concerns. Mayor Bigelow stated that much of the business likely comes from the neighborhood so this is likely an attempt to better serve the community. The City Council will consider Ordinances 21-56 and 21-57 and Resolution 21-167 at the Regular Council Meeting scheduled September 21, 2021 at 6:30 P.M. 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  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 14, 2021 -6- 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 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, there were no further questions or concerns expressed by members of the City Council. The City Council will consider Resolution 21-168 at the Regular Council Meeting scheduled September 21, 2021, at 6:30 P.M. COMMUNICATIONS A. MOSQUITO ABATEMENT DISTRICT PRESENTATIONS Ryan Lusty, Magna Mosquito Abatement District, stated that the district serves Magna, half of West Valley City, and Kearns. He discussed larval control, adult mosquito control, pesticide efficacy trial, mosquito surveillance, West Nile Virus testing, chicken flock, mosquito control and UAV’s. Don Christensen, South Valley Mosquito Abatement District, stated this district serves the other half of West Valley and 13 other communities. He discussed surveillance and WNV testing, urban crew, catch basin program, mosquito crew, black fly program, ULV truck fogging, and education.  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 14, 2021 -7- The Mayor and Council had no further questions or concerns. B. SHOPPING CENTER DISCUSSION Steve Pastorik, CED, provided two maps. The first depicted possible locations for strip malls on property less than 1 acre that was vacant while the second depicted developed properties that could be strip malls for property less than 1 acres. Councilmember Huynh asked what the minimum commercial property can be. Steve replied 25,000 square feet. Councilmember Huynh asked the Council for their support in changing the ordinance to allow strip malls on commercial properties that are less than 1 acre along major corridors. He stated it is important that property owners can use their vacant properties. Councilmember Lang stated that it is hard to know what the ramifications are if the ordinance changes. Councilmember Buhler asked if there are properties that nothing can legally be constructed. Steve replied that all properties can have something built on them but it may not be the level that developers wish for. He noted that the property Councilmember Huynh is referring to is zoned residential so a home could be constructed there. Councilmember Huynh clarified that strip malls can only be constructed on commercial properties over an acre. Steve replied yes but noted that there are other commercial uses, such as a standalone store, that can be built on commercial properties under 1 acre. Councilmember Huynh stated that it is unfair to limit the use a property owner has. He stated that 1 acre is too large a requirement for a strip mall. 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 N/A B. COUNCIL REPORTS COUNCILMEMBER CHRISTENSEN- ASSOCIATION OF MUNICIAL COUNCILS  MINUTES OF COUNCIL STUDY MEETING – SEPTEMBER 14, 2021 -8- Councilmember Christensen stated that he attended the Association of Municipal Councils and he noted to the association that West Valley City is not a member of ULCT. COUNCILMEMBER NORDFELT- MY HOMETOWN EVENT Councilmember Nordfelt stated that he attended the grand opening of the My Hometown community resource center. He stated it was a great occasion and there were many people in attendance. COUNCILMEMBER BUHLER- DULUTH Councilmember Buhler stated that he attended the ribbon cutting for Duluth and also visited with Scales and Tails at the Hump Day Buffet. MAYOR BIGELOW- TRCC Mayor Bigelow stated that he attended a TRCC meeting. He noted that projects the County put on hold, including the Veterans Hall, have been reinstated. He stated that there may be difficult conditions in place to obtain the funding however. 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 STUDY MEETING ON TUESDAY SEPTEMER 14, 2021 WAS ADJOURNED AT 5:52 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, September 14, 2021. _______________________________ Nichole Camac, CMC City Recorder