City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, SEPTEMBER 5, 2023 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 KAREN LANG. THE FOLLOWING MEMBERS WERE PRESENT: Karen Lang, Mayor Don Christensen, Councilmember At-Large Lars Nordfelt, Councilmember At-Large Tom Huynh, Councilmember District 1 (electronically) Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 ABSENT: Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Wayne Pyle, City Manager Nichole Camac, City Recorder Eric Bunderson, City Attorney (electronically) John Evans, Fire Chief Kent Stokes, Acting Police Chief Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director Dan Johnson, Public Works Director Nancy Day, Parks and Recreation Director John Flores, HR Director Mark Nord, RDA Director (electronically) Sam Johnson, Strategic Communications Director (electronically) Ken Cushing, IT Steve Lehman, CED (electronically) OPENING CEREMONY- COUNCILMEMBER HARMON Councilmember Harmon asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -2- APPROVAL OF MINUTES OF REGULAR MEETING HELD AUGUST 22, 2023 The Council considered the Minutes of the Regular Meeting held August 22, 2023. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held August 22, 2023. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. AWARDS, CEREMONIES, AND PROCLAMATIONS A. PROCLAMATION RECOGNIZING THE MONTH OF SEPTEMBER 2023 AS FOUNDERS AND CONSTITUTION MONTH Councilmember Whetstone read a Proclamation Recognizing the Month of September 2023 as Founders and Constitution Month in West Valley City. COMMENT PERIOD A. PUBLIC COMMENTS Mike Dye expressed concern about application GPZ-5-2023. He stated that the developer is encouraging Council approval despite resident and Planning Commission opposition. Mr. Dye detailed negative impacts the proposal could have on the community including the proposed recreational surf component of the project. Jim Vesock expressed concern about the status of existing parks in the City and encouraged an outside search for a new Parks and Recreation Director. Mr. Vesock also expressed concern regarding the new golf cart lease discussed in the Study Meeting. 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 COMMENT REGARDING APPLICATION SA-4-2023, FILED BY TREVOR GASSER, REQUESTING FINAL PLAT APPROVAL FOR THE SHOPPES AT LAKE PARK PHASE 2 LOT 4A AMENDED SUBDIVISION LOCATED AT 2893 SOUTH 5600 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled September 5, 2023, in order for the City Council to hear and MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -3- consider public comments regarding Application SA-4-2023, Filed by Trevor Gasser, Requesting Final Plat Approval for the Shoppes at Lake Park Phase 2 Lot 4A Amended Subdivision Located at 2893 South 5600 West Written documentation previously provided to the City Council included information as follows: Trevor Gasser, is requesting a plat amendment for lot 4A of the Shoppes at Lake Park Phase 2 Subdivision. The purpose for the amendment is to create an additional building lot from the last remaining vacant lot in the subdivision. The Shoppes at Lake Park Phase 2 was recorded with9 the Salt Lake County Recorder’s Office in June 2007. Lots 4 and 5 were platted as part of that subdivision. In 2016, a boundary adjustment was approved between said lots to increase the size of lot 5 which resulted in the construction of the Burlington clothing store. The result of that adjustment left the remaining lot with an area of approximately 4.3 acres. Mr. Gasser is now proposing to add an additional building lot and is seeking a plat amendment of lot 4A. The proposed plat amendment will consist of 2 lots on 4.3 acres. Lot 4B will comprise 3.5 acres while lot 4C will consist of .84 acres. The property is zoned C-2 which requires a minimum lot size of 20,000 square feet. The property owner will need to prepare revised cross access and parking agreements that will need to be recorded along with the amended subdivision plat. In addition, storm water agreements may also need to be amended as the existing drainage system will impact both lots. Mayor Lang opened the Public Hearing. There being no one to speak in favor or opposition, Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 23-30, APPROVE THE AMENDMENT OF LOT 4A IN THE SHOPPES AT LAKE PARK PHASE 2 The City Council previously held a public hearing regarding proposed Ordinance 23-30 that would approve the Amendment of Lot 4A in the Shoppes at Lake Park Phase 2. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Whetstone moved to approve Ordinance 23-30.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -4- Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION SA-5-2023, FILED BY SPENCER PETERSEN, REQUESTING FINAL PLAT APPROVAL FOR THE GARDEN STREAM MANOR SUBDIVISION- AMENDING LOT 55 HIGATE HAMLET NO. 4 LOCATED AT 3689 SOUTH 6400 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled September 5, 2023, in order for the City Council to hear and consider public comments regarding Application SA-5-2023, Filed by Spencer Petersen, Requesting Final Plat Approval for the Garden Stream Manor Subdivision- Amending Lot 55 Higate Hamlet No. 4 Located at 3689 South 6400 West Written documentation previously provided to the City Council included information as follows: Spencer Petersen is requesting final plat approval for the Garden Stream Manor Subdivision. The subdivision will also amend lot 55 Higate Hamlet No. 4 Subdivision. The subject property is bordered on the north, east and south by existing residential housing and 6400 West to the west. Mr. Petersen is requesting approval to adjust the mutual property line between his parcel and the properties to the north. The primary reason for this adjustment is that Mr. Petersen’s home is located on the common property line and he would like to create a setback from the properties to the north. Mr. Petersen’s parcel and the parcel directly north are not in a recorded subdivision. The property owner to the northeast is located on lot 55 of the Higate Hamlet Subdivision. Typically, a request as minor as adjusting a  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -5- property line used to be handled by staff. However, State Law now requires any modification to a recorded lot be done by plat amendment. The common property line separating these properties will be moved a minimum distance of 6.5 feet on the Higate Hamlet lot and a maximum distance of 10 feet on the parcel to the north. The two parcels, and the one recorded lot will continue to meet City ordinances regarding frontage and lot area requirements. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. ACTION: ORDINANCE NO. 23-31, APPROVE THE AMENDMENT OF LOT 55 HIGATE HAMLET NO. 4 SUBDIVISION The City Council previously held a public hearing regarding proposed Ordinance 23-31 that would approve the Amendment of Lot 55 Higate Hamlet No. 4 Subdivision Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Nordfelt moved to approve Ordinance 23-31. Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-112: APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN WEST VALLEY CITY AND THE UTAH DEPARTMENT OF PUBLIC SAFETY Wayne Pyle, City Manager, presented proposed Resolution 23-112 that would approve a Memorandum of Understanding (MOU) Between West Valley City and the Utah Department of Public Safety.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -6- Written documentation previously provided to the City Council included information as follows: Automatic License Plate Recognition (ALPR) systems utilize cameras to capture images of a passing vehicle and the license plate to automatically compare against a “hot list” alerting law enforcement of vehicles related to criminal investigations, wanted individuals, missing or endangered persons, or stolen vehicles. The MOU outlines conditions under which this information may be shared or used. Senate Bill 250 in the 2023 General Session of the Utah State Legislature modifies provisions related to government surveillance and allows a law enforcement agency to use license plate reading technology gathered by private entities in certain circumstances. The bill requires a law enforcement agency participating in a license plate reading technology program to publicly post policies related to license plate reading; defines parameters for the collection and retention of information for investigative searches and audit purposes; and allows the State Department of Transportation to issue a permit for the use of license plate reading technology on a state highway in certain circumstances. The MOU articulates the parameters around which ALPR data must be handled. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Christensen moved to approve Resolution 23-112. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-113: APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN WEST VALLEY CITY AND THE FEDERAL BUREAU OF  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -7- ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (ATF) TO JOIN THE JOINT ATF TASK FORCE Wayne Pyle, City Manager, presented proposed Resolution 23-113 that would approve a Memorandum of Understanding (MOU) Between West Valley City and the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to Join the Joint ATF Task Force Written documentation previously provided to the City Council included information as follows: In an effort to coordinate local law enforcement resources in the investigation of firearms and explosives trafficking and firearm and explosives related violent crime and their associated organizations and networks, law enforcement agencies of the greater Salt Lake Valley, State and Federal agencies have united efforts and resources to form the ATF Task Force. The Police Department currently assigns (2) investigators to this position. This renewal agreement clarifies the reimbursement of overtime salary costs and other costs including but not limited to travel, fuel, training, and equipment, incurred by the West Valley City Police Department in providing resources to assist ATF. The mission of this task force is to focus on the reduction of violent crimes in the West Valley City Metropolitan area. This mission will be generally accomplished through the maximum effort of investigation, arrest, detention, enhanced prosecution, and forfeiture of assets of criminally active violent offenders with emphasis on criminal activity supporting violent gangs. Specifically, efforts will focus on violent street gangs, felons in possession of firearms, armed career criminals, armed robberies (Hobbs Act Violations) major theft and armed carjacking rings, murder-for-hire, Racketeering Influenced and Corrupt Organizations (RICO), and related violations under Utah Criminal Statutes. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Whetstone moved to approve Resolution 23-113. Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -8- Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-114: APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN WEST VALLEY CITY AND THE FEDERAL BUREAU OF INVESTIGATIONS (FBI) TO JOIN VIOLENT CRIMES TASK FORCE Wayne Pyle, City Manager, presented proposed Resolution 23-114 that would approve a Memorandum of Understanding (MOU) Between West Valley City and the Federal Bureau of Investigations (FBI) to Join Violent Crimes Task Force Written documentation previously provided to the City Council included information as follows: In an effort to coordinate local law enforcement resources in the investigation of drug trafficking, money laundering, alien smuggling, crimes of violence such as murder, aggravated assault, robbery and violent street gangs, law enforcement agencies of the greater Salt Lake Valley, State and Federal agencies have united efforts and resources to form the FBI Violent Crimes Task Force. The Police Department seeks to assign one (1) investigator to this position. This agreement clarifies the responsibilities of participating agencies to establish the groundwork for the administration and operation of the taskforce. The mission of the VCTF is to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence such as murder and aggravated assault, robbery, and violent street gangs, as well as to intensely focus on the apprehension of dangerous fugitives where there is or may be a federal investigative interest. The VCTF will enhance the effectiveness of federal/state/local law enforcement resources through a well-coordinated initiative seeking the most effective investigative/prospective avenues by which to convict and incarcerate dangerous offenders. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Christensen moved to approve Resolution 23-114. Councilmember Harmon seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -9- Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-115: AUTHORIZE THE PURCHASE OF PUBLIC WORKS FLEET VEHICLES Wayne Pyle, City Manager, presented proposed Resolution 23-115 that would authorize the Purchase of Public Works Fleet Vehicles. Written documentation previously provided to the City Council included information as follows: Est. Vehicle Estimated Estimated and Total Vehicle Type Qty Vehicle Upfit Cost Upfit Dept-Div. Cost Cost (per (per Cost vehicle) vehicle) (per vehicle) Interceptor 16 $47,000 $11,700 $58,700 $939,200 PD-Patrol SUV PD- F-150 EX Cab 1 $50,000 $13,050 $63,050 $63,050 Detectives PD- Camry Hybrid 1 $25,400 $4,600 $30,000 $30,000 Detectives CPD- F-150 EX Cab 2 $50,000 $24,925 $74,925 $149,850 Animal Long Bed Cont. Transit Parks- 2 $57,250 $1,650 $58,900 $117,800 Passenger Van Fitness Ctr Parks- F-350 EX Cab 1 $50,000 $19,850 $69,850 $69,850 Parks & Chassis Maint. Parks- F-550 Reg Cab 1 $54,000 $14,850 $68,850 $68,850 Parks & Chassis Maint.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -10- Transit Cargo PW- 1 $57,250 $10,850 $68,100 $68,100 Van Facilities Explorer 1 $47,000 $4,850 $51,850 $51,850 PW-Eng. $1,558,550 To maintain City’s fleet in good condition, the Fleet Division recommends the replacement of 26 vehicles from the 2023 light vehicle replacement list with the vehicles described in the table below. The vehicles are recommended for replacement because of a combination of factors including mileage, age, and condition. In addition to the purchase of vehicles, this resolution authorizes the Fleet Division to purchase miscellaneous components (lights, sirens, etc…) from various vendors. The City’s Fleet Division will install and upfit the vehicles with purchased components. Recently, there have been challenges buying vehicles due to supply chain issues. The City has and continues to prefer Ford vehicles for fleet uniformity, but last year we purchased several Dodge police SUVs because Ford was not available. We continue to see challenges in the supply chain, and Ford has not been able to give certainty of order dates or availability. The plan also includes the purchase of a Hybrid Toyota Camry which have been in the fleet for several years (we have not had availability problems with Toyota). The vehicle purchase plan is described below: This resolution authorizes the City to make these or functionally equivalent vehicle purchases as various manufacturers make order placement available. Vehicle prices are only estimates, as auto makers won’t release pricing yet. One Police Interceptor SUV replaces a crashed Police vehicle and will be paid for by insurance payments, a budget opening is required for this vehicle only, the others are included in the budget for FY2023-24. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Nordfelt moved to approve Resolution 23-115. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -11- Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-116: AUTHORIZE THE PURCHASE OF PUBLIC WORKS FLEET TRUCKS Wayne Pyle, City Manager, presented proposed Resolution 23-116 that would authorize the Purchase of Public Works Fleet Trucks. Written documentation previously provided to the City Council included information as follows: The Fleet Division recommends the replacement of four trucks that will be utilized by the Public Works Department in the Operations and Sanitation Divisions. The vehicles are recommended for replacement because of a combination of factors including mileage, age, and condition. The F-550s will be equipped with plows and salters, and a flat bed that can be used for Public Works maintenance activities outside of snow season. The International Flatbed Crew cab will replace the City’s crack seal truck, which will replace the Department’s traffic control device truck. In addition to the purchase of vehicles, this resolution authorizes the Fleet Division to purchase miscellaneous components (lights, plows, bed’s, etc.) from various vendors. The City’s Fleet Division will install and upfit the vehicles with certain purchased components and will work with local vendors to have beds and plows installed. Recently, there have been challenges buying Ford vehicles and all others as well due to supply chain issues. The city has and continues to prefer Ford vehicles for the city’s fleet. Ford has not been able to give an exact order date or availability. The vehicle purchase plan is described below: Est. Estimated Estimated Vehicle Vehicle Upfit Cost and Upfit Vehicle Cost (per (per Cost (per Total Type Qty vehicle) vehicle) vehicle) Cost Dept-Div. F-550 Cab & Chassis 2 $60,000 $30,000 $90,000 $180,000 Operations  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -12- International Crew 1 $135,000 $30,000 $165,000 $165,000 Operations Ford Maverick Crew 1 $27,000 $4,000 $31,000 $31,000 Sanitation $376,000 While the City intends to purchase vehicles as described in the plan above, this resolution authorizes the Fleet Division to make these or functionally equivalent vehicle purchases from other auto makers as vehicle market conditions demand. Vehicle prices are only estimates, as auto makers won’t release pricing yet. The funding for these purchases is included in the budget for FY2023-24. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Christensen moved to approve Resolution 23-116. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-117: AUTHORIZE THE PURCHASE OF A BUCKET TRUCK FOR USE BY THE PUBLIC WORKS DEPARTMENT Wayne Pyle, City Manager, presented proposed Resolution 23-117 that would authorize the Purchase of a Bucket Truck for Use by the Public Works Department Written documentation previously provided to the City Council included information as follows: In January 2022, the City Council authorized the Public Works Department to purchase an aerial lift from Semi Service company for street light maintenance for  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -13- approximately $120,000. The City never took delivery of the aerial lift because we have not been able to purchase a chassis for the lift due to problems in the vehicle supply chain. The Fleet Division found a brand-new aerial lift mounted on a Ford F-550 chassis that meets the needs of the Department that was ordered by a different agency, who later cancelled the order. The Public Works Department recommends the City cancel the purchase of the aerial lift from Semi Service and that the City purchase the aerial lift and truck from Global Rental Company for $184,487 through a purchasing co-op Sourcewell (contract no. 062320-ALT). The vehicle needs to be transported from North Carolina and then upfitted with safety lights. This resolution authorizes the city to make these or functionally equivalent vehicle purchases as various manufacturers make order placement available. Vehicle prices are only estimates, as auto makers won’t release pricing yet. The funding for these purchases is included in the budget for FY2023-24. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Whetstone moved to approve Resolution 23-117. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-118: AWARD A CONTRACT TO MORGAN PAVEMENT FOR THE 2023 ASPHALT POLYMER TREATMENT PROJECT Wayne Pyle, City Manager, presented proposed Resolution 23-118 that would award a Contract to Morgan Pavement for the 2023 Asphalt Polymer Treatment Project Written documentation previously provided to the City Council included information as follows:  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -14- The Public Works Department routinely bids various types of pavement preservation projects. This project consists of the application of a friction mastic seal as a high- density roadway surface preservation treatment on several roads within the City. This pavement preservation treatment is designed to seal the surface on newer pavements to prevent oxidation of the asphalt oil from ultraviolet exposure and water infiltration. One bid was received by Morgan Pavement. Morgan Pavement has performed this type of work well for the City in the past. This project will treat approximately 12 miles of roadways. An overview of the streets to be treated can be found on the Capital Improvement Plan at the following link, with the roads in this project being shown under “2023 Thin Surface Treatment Project highlighted in red. https://wvc- ut.maps.arcgis.com/apps/MapJournal/index.html?appid=20f9436d61c94007b707 6dc387ae6da3 Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Nordfelt moved to approve Resolution 23-118. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-119: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT, ACCEPT A WARRANTY DEED, AND EASEMENT ABANDONMENTS, AND EXECUTE EASEMENTS WITH, FROM, AND IN FAVOR OF MAGNA WATER DISTRICT FOR PROPERTY LOCATED  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -15- AT 2690 SOUTH 6750 WEST Wayne Pyle, City Manager, presented proposed Resolution 23-119 that would authorize the City to Enter into a Right of Way Purchase Agreement, Accept a Warranty Deed, and Easement Abandonments, and Execute Easements With, From, and in Favor of Magna Water District for Property Located at 2690 South 6750 West. Written documentation previously provided to the City Council included information as follows: The Magna Water District parcel located at 2690 South 6750 West is one of three parcels affected by the 6800 West Pond Overflow Project. West Valley City is working with Magna Water and two other property owners to improve the City’s 6800 West Pond Overflow facility. The 6800 West Pond facility serves as a flood storage area for a large portion of the City before it enters the Riter Canal. Improvements will include upsizing the existing overflow pipe under 6750 West, relocation of Magna Water fence/gate and construction of a new access to the area north of the West Valley Parks maintenance building. This project will improve access, facilitate maintenance and resolve flooding issues in the area. Compensation for the purchase of the Warranty Deed and improvements is $188,700.00 based upon the Appraisal Report prepared by Integra Realty Resources. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Christensen moved to approve Resolution 23-119. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. CONSIDER APPLICATION SMI-4-2023, FILED BY KEN MILNE, REQUESTING FINAL PLAT APPROVAL FOR THE 4700 SOUTH INDUSTRIAL SUBDIVISION  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -16- LOCATED AT 6180 WEST 4700 SOUTH Wayne Pyle, City Manager, presented Application SMI-4-2023, Filed by Ken Milne, Requesting Final Plat Approval for the 4700 South Industrial Subdivision Located at 6180 West 4700 South. Written documentation previously provided to the City Council included information as follows: Ken Milne is requesting final plat approval for the 4700 South Industrial Park Subdivision. The subdivision is located on vacant land south of the Denver Rio Grande rail line and north of 4700 South. It extends from 6000 West to 6400 West. Properties north of the rail line are zoned residential while property to the south of 4700 South are zoned manufacturing. The proposed application is being requested to create a 5 lot subdivision in the manufacturing zone. The property consists of 20 acres and it is anticipated that the project will be platted in two phases. Staff understands that the property on the corner of 4700 South 6400 West will be sold to Granger Hunter Improvement District for their future needs. Lots will range in size from 2.6 to 6 acres. Access will be gained from 4700 South and possibly 6400 West depending upon GHID plans. There is a small .30 acre remnant parcel owned by UDOT at the southeast corner of the subdivision. The applicant has petitioned UDOT to purchase this piece and is presently going through UDOT’s acquisition process. The developer believes that while the parcel has little utility for the overall development, it would be nice to landscape or finish the property to compliment his overall project. 4700 South is presently dedicated to a 66-foot right-of-way. The City’s major street plan indicates that this road will be an 80-foot right-of-way. Therefore, the developer will dedicate an additional 7 feet on the north side of 4700 South as part of this project. Standard street improvements will be made including, curb, gutter, sidewalk and street lights. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Whetstone moved to approve application SMI-4-2023. Councilmember Christensen seconded the motion. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -17- Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. CONSENT AGENDA A. RESOLUTION 23-120: AUTHORIZE THE CITY TO ENTER INTO A RIGHT OF WAY PURCHASE AGREEMENT AND ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM WEST VALLEY SCHOOL DEVELOPMENT II, LLC FOR PROPERTY LOCATED AT 5988 WEST PARKWAY BOULVEVARD Wayne Pyle, City Manager, presented proposed Resolution 23-120 that would authorize the City to Enter Into a Right of Way Purchase Agreement and Accept a Warranty Deed and a Temporary Construction Easement With and From West Valley School Development II, LLC for Property Located at 5988 West Parkway Boulevard. Written documentation previously provided to the City Council included information as follows: The West Valley School Development II, LLC parcel located at 5988 W. Parkway Boulevard is one of several parcels affected by the Parkway Boulevard Reconstruction Project (MVC to 6400 West). This project will reconstruct the pavement and construct curb, gutter, sidewalk and decorative street lighting on both sides of Parkway Boulevard. Compensation for the purchase of the Warranty Deed, Temporary Construction Easement and improvements $25,200.00 based upon the Appraisal Report prepared by Integra Realty Resources. The project is being funded by Surface Transportation Program (STP) using federal funds. The city is responsible for 6.77% of all project costs, including right of way. The total value for the Warranty Deed, Temporary Construction Easement and improvements is $25,200.00 plus closing costs, making the West Valley City share of the acquisition $1,706.04.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -18- B. RESOLUTION 23-121: ACCEPT A QUITCLAIM DEED FROM QUESTAR GAS COMPANY FOR PROPERTY LOCATED AT 3695 WEST 2100 SOUTH Wayne Pyle, City Manager, discussed proposed Resolution 23-121 that would accept a Quitclaim Deed from Questar Gas Company for Property Located at 3695 West 2100 South. Written documentation previously provided to the City Council included information as follows: The Questar Gas District Regulator Expansion Station-WA0530 project is located on the south side of the 2100 South (SR-201 South Frontage Road) at 3695 West. As a condition of approval of the project, conveyance of additional SR-201 South Frontage Road right-of-way was required. C. RESOLUTION 23-122: AUTHORIZE THE CITY TO APPROVE A DELAY AGREEMENT WITH ARCADIA PROPERTIES, LLC TO DELAY CERTAIN IMPROVEMENTS AT 6087 WEST PARKWAY DRIVE Wayne Pyle, City Manager, discussed proposed Resolution 23-122 that would authorize the City to Approve a Delay Agreement With Arcadia Properties, LLC to Delay Certain Improvements at 6087 West Parkway Drive. Written documentation previously provided to the City Council included information as follows: Arcadia Properties, LLC is developing a parcel of land with frontage on Parkway Blvd. West Valley City has an upcoming roadway project on Parkway Boulevard along the same frontage. The roadway project will include the installation of a storm drain system which will enable the improvements associated with this delay agreement to be constructed. All improvements will be constructed by the City Project and Arcadia Properties will reimburse the City for the construction of the improvements. Improvements include the installation of curb, gutter, sidewalk, pedestrian ramps, streetlights, and asphalt widening. D. RESOLUTION 23-123: RATIFY THE APPOINTMENT OF ALLEN HATCH AS AN ADMINISTRATIVE APPEALS BOARD MEMBER Wayne Pyle, City Manager, discussed proposed Resolution 23-123 that would ratify the Appointment of Allen Hatch as an Administrative Appeals Board Member. Written documentation previously provided to the City Council included information as follows: Allen Hatch is a resident of West Valley City who has volunteered to serve on the new Administrative Appeals Board. This resolution appoints Allen Hatch as a member of the Administrative Appeals Board.  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -19- Changes made to the Administrative Code Enforcement (ACE) hearing process require the city to appoint Administrative Appeals Board members. After careful consideration the City has determined that Allen Hatch is qualified, and the City Manager is nominating him for appointment to the Board. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Nordfelt moved to approve items on the Consent Agenda. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-130: AWARD A CONTRACT TO CODY EKKER CONSTRUCTION INC. FOR A STORM DRAIN INSTALLATION ON AND AROUND 7200 WEST Wayne Pyle, City Manager, presented proposed Resolution 23-130 that would award a Contract to Cody Ekker Construction Inc. for a Storm Drain Installation On and Around 7200 West Written documentation previously provided to the City Council included information as follows: In the spring of 2023, the Public Works Department became aware of an imminent flooding condition for several businesses in the northwest corner of the city (near 7200 West 2100 South). Historically, storm water has flowed in open ditches near 7200 West that continue northwesterly into Salt Lake City (SLC) eventually reaching the Kersey Creek drain and the Great Salt Lake. It was discovered earlier this year that a private property owner within SLC had filled in a portion of the open ditch system sometime in early 2020. Due to the relatively dry conditions from  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -20- 2020 to 2022, there was no significant evidence of an obstruction in the system. With the exceptionally wet winter conditions experienced this past winter, proof of the obstruction became evident. The ditches and nearby ponds within the area reached full capacity causing flooding concerns for the nearby business owners. The problem was investigated which resulted in the discovery of the ditch obstruction within SLC. WVC Public Works crews began a temporary pumping operation to lower the water levels until a solution could be found. The property owner was contacted and instructed to reestablish the ditch (approximately 1200 feet). The owner did try to reestablish the ditch, but the drainage system still doesn’t function after their efforts. The WVC Engineering Division began looking at alternative designs that would improve the overall drainage system in the area. The preferred solution is to reroute the ditch to the north until a connection to the existing system can be made. The connection point is on private property and will require an easement from the property owner; however, most of the ditch will be within SLC right-of-way and a presumed future roadway making it easier to maintain. SLC has agreed to the proposed alignment and is ready to issue a permit for construction. In an effort to get this work done this construction season, and avoid pumping all winter long, the Public Works Department is requesting authorization to award a contract under Section 5-3-112 (Emergencies, Public Threats and Unforeseen Conditions) of the City’s procurement code. Traditional procurement methods will not enable the work to be complete this fall. The Engineering Division reached out to several contractors to identify interest and capacity to do the work within the necessary timeframe. Two contractors expressed interest and provided bids to complete the work. Cody Ekker Construction provided the lowest bid and is qualified to perform the work. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Whetstone moved to approve Resolution 23-130. Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Absent Councilman Whetstone Yes Councilman Harmon Yes  MINUTES OF COUNCIL REGULAR MEETING SEPTEMBER 5, 2023 -21- Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang 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 5, 2023 WAS ADJOURNED AT 6:58 P.M. BY MAYOR LANG. 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 5, 2023. _______________________________ Nichole Camac, CMC City Recorder