City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, OCTOBER 24, 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 Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Dan Johnson, Public Works Director Nichole Camac, City Recorder Eric Bunderson, City Attorney (electronically) Colleen Jacobs, Police Chief John Evans, Fire Chief Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director Jamie Young, Parks and Recreation Director Mark Nord, RDA Director Sam Johnson, Strategic Communications Director Ken Cushing, IT (electronically) OPENING CEREMONY- COUNCILMEMBER JAKE FITISEMANU Councilmember Fitisemanu indicated that the first week of November is Pacific Islander Health week. He stated that 60,000 islanders have called Utah home since the 1870’s and West Valley City has the highest population within its boundaries. He invited the Council attend a My Hometown event being held on November 6th. Councilmember Fitisemanu asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD OCTOBER 10, 2023  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -2- The Council considered the Minutes of the Regular Meeting held October 10, 2023. There were no changes, corrections or deletions. Councilmember Whetstone moved to approve the Minutes of the Regular Meeting held October 10, 2023. Councilmember Huynh seconded the motion. A voice vote was taken and all members voted in favor of the motion. AWARDS, CEREMONIES, AND PROCLAMATIONS A. PROCLAMATION DECLARING NOVEMBER 1, 2023 AS "EXTRA MILE DAY" IN WEST VALLEY CITY Councilmember Christensen read a Proclamation Declaring November 1, 2023 as "Extra Mile Day" in West Valley City. COMMENT PERIOD A. PUBLIC COMMENTS Scott Cameron stated that he lives in the Highbury Neighborhood. He indicated that he is speaking in opposition to a proposed development Council will be reviewing. He expressed concern regarding safety, increased traffic, inconsistency with architecture and development, a potential for a failed wave pool, and the developer being a poor neighbor. Mr. Cameron stated that he would like to see this area develop but would like the zoning to remain the same. Jim Vesock stated he participated in a ride-a-long with the Police Department and stated that the officers are very professional and love working in the City. He stated that the Council reviewed an application for a fast-food restaurant being proposed off of 2700 West and expressed concern about increased traffic in the area and neighborhood. Mr. Vesock expressed concern regarding Parkway Park. B. CITY MANAGER COMMENTS Dan Johnson, Public Works Direction, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION S-3-2023, FILED BY SCOTT GODFREY, REQUESTING FINAL PLAT APPROVAL FOR GODFREY INDUSTRIAL PARK NO. 3 LOCATED AT 2400 SOUTH 5900 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled October 24, 2023, in order for the City Council to hear and MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -3- consider public comments regarding Application S-3-2023, Filed by Scott Godfrey, Requesting Final Plat Approval for Godfrey Industrial Park No. 3 Located at 2400 South 5900 West Written documentation previously provided to the City Council included information as follows: Scott Godfrey is requesting final plat approval for the Godfrey Industrial Park Subdivision No. 3. The proposed subdivision will also amend lots 1 and 2 of the Godfrey West Subdivision. The property is located at approximately 2400 South 5900 West and is bordered by property zoned Manufacturing. At the present time, the subdivision consists of a number of parcels and two recorded lots within the Godfrey West Subdivision. The proposed subdivision is being requested to consolidate these parcels and amend two existing lots into a new 4 lot subdivision to be known as Godfrey Industrial Park Subdivision No. 3. As mentioned earlier, two lots in the Godfrey West Subdivision will be amended by this plat. The reason these are being included in this subdivision is to benefit from a new street proposed to be located on the north side of these lots. An existing building on lot 1 has already been constructed, and staff is working the site plan for the second building adjacent to Beagley Road and 5900 West. Access to the subdivision will be gained by Beagley Road, 5900 West, the SR-201 South Frontage Road and from a new cul-de-sac extending west from 5900 West at 2400 South. All roads except the new cul-se-sac are existing. The cul-de-sac will be a dedicated right-of-way having a width of 66 feet and a length of just over 700 feet. The road will consist of curb and gutter on both sides and sidewalk on the north side. The only portion of the subdivision lacking improvements is along the south side of the SR- 201 South Frontage Road. 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. 23-39, APPROVE THE AMENDMENT OF LOTS 1 AND 2 OF THE GODFREY WEST SUBDIVISION The City Council previously held a public hearing regarding proposed Ordinance 23-39 that would approve the Amendment of Lots 1 and 2 of the Godfrey West Subdivision.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -4- Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to approve Ordinance 23-39. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes 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 ZT-6-2023, FILED BY JAMES WARNER WITH TRUCKPRO, LC, REQUESTING A ZONE TEXT CHANGE TO SECTION 7-14-403 TO ALLOW NON- MASONRY MATERIALS ON THE STREET FACING EXTERIORS OF BUILDINGS WITHIN THE 5600 WEST GATEWAY OVERLAY ZONE Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled October 24, 2023, in order for the City Council to hear and consider public comments regarding Application ZT-6-2023, Filed by James Warner with Truckpro, LC, Requesting a Zone Text Change to Section 7-14-403 to Allow Non- Masonry Materials on the Street Facing Exteriors of Buildings Within the 5600 West Gateway Overlay Zone. Written documentation previously provided to the City Council included information as follows: James Warner with Truckpro, LC has requested an amendment to Section 7-14-403 of the zoning ordinance to allow non-masonry materials on the street facing exteriors of buildings within the 5600 West Gateway Overlay Zone. The ordinance currently states: “All Buildings shall be constructed using one hundred percent masonry on any Street facing Façade”. The applicant is requesting that the City allow “architectural metal siding as well as ceramic and wood textures that are being used extensively in most cities MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -5- on higher-end buildings”. The applicant’s justification for this application is as follows: “The types of textures used in the past 5-10 years on higher-end buildings are mainly ACM (Architectural Metal), ceramic tiles and wood siding. The facility that we are considering building has specific requirements to qualify it to be one of 22 INEOS Grenadier dealerships in the U.S. and the only dealership in Utah. The buildings require high-end ACM and possibly wood or simulated wood look on ceramic or metal. By approving these materials, we believe that the city will attract higher-end buildings and businesses as most of them are using these premium materials. With the current standards and requirements, businesses that the city might otherwise want may not even consider West Valley City as if they understood the current code and did not want to go through the text amendment process and cost.” Mayor Lang opened the Public Hearing James Warner, the applicant, stated that he is excited about bringing a new business to West Valley City. He indicated it is a new manufacturer and the current ordinance would limit the great building materials they require. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 23-40, AMEND SECTION 7-14-403 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING THE 5600 WEST GATEWAY OVERLAY ZONE The City Council previously held a public hearing regarding proposed Ordinance 23-40 that would amend Section 7-14-403 of the West Valley City Municipal Code to Amend Certain Requirements Concerning the 5600 West Gateway Overlay Zone. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to approve Ordinance 23-40. Councilmember Harmon seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -6- Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-150: AUTHORIZE THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT WITH SALT LAKE COUNTY FOR ACCESS TO AERIAL IMAGERY Dan Johnson, Public Works Director, presented proposed Resolution 23-150 that would authorize the Execution of an Interlocal Cooperation Agreement with Salt Lake County for Access to Aerial Imagery Written documentation previously provided to the City Council included information as follows: This resolution authorizes the City to enter into an agreement for the purchase and use of digital orthorectified aerial photography and oblique imagery of West Valley City. Under this agreement, the West Valley City agrees to participate in the acquisition of a commercial aerial photography license of high-resolution Imagery data. The County agrees to give the City a limited license for a web service of the imagery as well as hard-copy images to use natural color Orthorectified Imagery at 7.5 cm (3 in.) and 22.5 cm (9 in.) resolution for all areas within its geographical boundaries. Current, accurate digital orthorectified photography has many uses within the City. The photos are used within the majority of City Departments to visualize and identify growth; compare urban changes with aerial photography from previous years; as a reference for new spatial information; as a background for online map viewers and printed maps; for measurements of impervious surfaces; and more. The format is compatible with existing GIS applications that are used and developed by City Staff. By partnering with other agencies, costs for aerial photography are significantly reduced. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to approve Resolution 23-150 Councilmember Huynh seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -7- A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-151: APPROVE THE INTERLOCAL AGREEMENT BETWEEN WEST VALLEY CITY AND SALT LAKE COUNTY FOR SECURITY SERVICES AT THE WEST VALLEY COUNTY LIBRARY Dan Johnson, Public Works Director, discussed proposed Resolution 23-151 that would approve the Interlocal Agreement Between West Valley City and Salt Lake County for Security Services at the West Valley County Library. Written documentation previously provided to the City Council included information as follows: Salt Lake County wishes to continue hiring off-duty West Valley City Police Officers to provide security and law enforcement services on an as needed basis at the West Valley branch of the Salt Lake County library system. The county wishes to extend the interlocal agreement previously entered into on or about March 13, 2023 governing the conditions under which they hire off-duty police officers. The interlocal agreement is consistent with the Police Department’s secondary employment hiring procedures. 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 23-151. Councilmember Fitisemanu seconded the motion. Councilmember Fitisemanu stated that this has been received well by the community and has proven to be effective. A roll call vote was taken:  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -8- Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-152: AWARD A CONTRACT TO HARPER PRECAST FOR THE FASSIO FARM PARK WALL REPLACEMENT PROJECT Dan Johnson, Public Works Director, presented proposed Resolution 23-152 that would award a Contract to Harper Precast for the Fassio Farm Park Wall Replacement Project. Written documentation previously provided to the City Council included information as follows: Fassio Farm Park was built in 1997. The north wall was existing at that time and had been installed by the developer of the surrounding neighborhood. Over time, due to the construction and type of block, the joints on this wall have eroded, allowing the individual blocks to come out of the wall. Because of this, it needs to be removed and replaced. This project will include removal and hauling off the existing block wall and replacing it with a precast concrete wall. It also includes the repair of any damage to the landscape. Bids were solicited through a formal bid process and Harper Precast was the lone bidder. Their bid came in at $82,159.00 Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to approve Resolution 23-152. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -9- Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-153: AUTHORIZE THE PURCHASE OF A SLURRY TRUCK AND RELATED EQUIPMENT Dan Johnson, Public Works Director, presented proposed Resolution 23-153 that would authorize the Purchase of a Slurry Truck and Related Equipment. Written documentation previously provided to the City Council included information as follows: The Fleet Division recommends the replacement of one of the City’s three slurry/plow trucks that will be used by the Public Works Department in the Operations Divisions for slurry seal and snow removal. The truck is recommended for replacement for a combination of factors including hours/mileage, age, and condition. The truck will be equipped with a plow, salter, and a pre-wet system that activates the salt before it hits the pavement. The City’s Fleet Division will refurbish the slurry box in-house for continued use. If ordered now we expect delivery of the truck in 22-24 months. The vehicle purchase plan is described below: Estimated Estimated Upfit Vehicle Type Qty Vehicle Cost Cost Total Cost International HV613 1 $178,000 $182,000.00 $360,000 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 23-153. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -10- Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. RESOLUTION 23-154: AUTHORIZE THE PURCHASE OF STREETLIGHTS AND RELATED INSTALLATION SERVICES AND EQUIPMENT Dan Johnson, Public Works Director, presented proposed Resolution 23-154 that would authorize the Purchase of Streetlights and Related Installation Services and Equipment. Written documentation previously provided to the City Council included information as follows: The Public Works Department requested bids for a street lighting project in Lake Park. The project adds new street lights to Links Drive from Lake Park Blvd. to Stonebridge Golf Course and restores lighting on Lake Park Blvd from Parkway Blvd to 2400 South at Bangerter Highway. The original street lights on Lake Park Blvd. were installed using direct burial wires that cannot be easily repaired once the conductor is damaged. The new system will be installed with electrical conduit that can be maintained in the future. The light poles and fixtures will also be replaced as part of the project. A total of six bids were received, and the lowest responsible bid was received by Skyline Electric Co. in the amount of $282,297.00. This resolution also authorizes the City to purchase thirty street light assemblies from Mountain States Lighting in the amount of $73,026.00. Councilmember Harmon asked if this would replace the lights as well. Dan replied yes and stated they would be replaced to the current standard. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to approve Resolution 23-154. Councilmember Whetstone seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -11- Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. CONSENT AGENDA A. RESOLUTION 23-155: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY DEED WITH AND FROM J&R PARTNERS, LLC FOR PROPERTY LOCATED AT 2684 SOUTH 3200 WEST Dan Johnson, Public Works Director, discussed proposed Resolution 23-155 that would Authorize the City to Enter into a Real Estate Purchase Contract and Accept a Warranty Deed With and From J&R Partners, LLC for Property Located at 2684 South 3200 West Written documentation previously provided to the City Council included information as follows: The J & R Partners parcel located at 2684 South 3200 West is one of several parcels affected by the Cross Towne Trail; 2700 West to Bangerter Highway Project. This project will provide for bike lanes on Parkway Boulevard from 2700 West to Bangerter Highway. The project will also construct sidewalks on Parkway Boulevard where they do not currently exist and add new ADA ramps at street intersections on Parkway Boulevard. Compensation for the purchase of the Warranty Deed and improvements is $4,680.00 was negotiated based upon the Administrative Compensation Estimate prepared by Meridian Engineering, Inc. which indicated a value of $4,180.00. The project is being funded through the Transportation Alternatives Program (TAP). The city is responsible for 6.77% of all project costs, including right of way, making the West Valley City share of the acquisition $316.84. B. RESOLUTION 23-156: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM GUADALUPE AND MARIA AGUILERA FOR PROPERTY LOCATED AT 2762 SOUTH BELMONT DOWNS LANE Dan Johnson, Public Works Director, discussed proposed Resolution 23-156 that  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -12- would authorize the City to Enter into a Real Estate Purchase Contract and Accept a Warranty Deed and a Temporary Construction Easement With and From Guadalupe and Maria Aguilera for Property Located at 2762 South Belmont Downs Lane Written documentation previously provided to the City Council included information as follows: The Guadalupe Aguilera and Maria Aguilera parcel located at 2762 S. Belmont Downs Lane 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 is $20,715.00 which was negotiated based upon the Appraisal Report prepared by Integra Realty Resources which indicated a value of $18,300.00. The project is being funded by Surface Transportation Program (STP) using federal funds. The city is responsible 6.77% of all project costs, including right of way. The total value for the Warranty Deed, Temporary Construction Easement and improvements is $20,715.00, making the West Valley City share of the acquisition $1,402.41. C. RESOLUTION 23-157: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM DANIEL R. COTTER, III FOR PROPERTY LOCATED AT 3658 SOUTH BISHOP STREET Dan Johnson, Public Works Director, discussed proposed Resolution 23-145 that would authorize the City to Enter into a Real Estate Purchase Contract and Accept a Temporary Construction Easement With and From Daniel R. Cotter, III for Property Located at 3658 South Bishop Street Written documentation previously provided to the City Council included information as follows: The Daniel R. Cotter, III parcel located at 3658 S. Bishop Street is one of several parcels affected by the Lancer Way Reconstruction Project; 2700 West to 3200 West. This project will widen 3650 South and provide for curb, gutter and sidewalk on Lancer Way from 2700 West to 3200 West where it does not currently exist. The project will also install textured, colored concrete park strip, street trees, streetlights and new ramps at street intersections on Lancer Way. Compensation for the purchase of the temporary construction easement and improvements is $4,100.00 and was  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -13- based upon an administrative compensation estimate prepared by HDR Engineering, Inc. The project is being funded through the Surface Transportation Program (STP). The city is responsible for 6.77% of all project costs, including right of way, making the West Valley City share of the acquisition $277.57. D. RESOLUTION 23-158: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM CHHARLLI CHEA AND BOUNNY MAO FOR PROPERTY LOCATED AT 3660 SOUTH AMERICAN STREET Dan Johnson, Public Works Director, discussed proposed Resolution 23-158 that would authorize the City to Enter into a Real Estate Purchase Contract and Accept a Temporary Construction Easement With and From Chharlli Chea and Bounny Mao for Property Located at 3660 South American Street. Written documentation previously provided to the City Council included information as follows: The Chharlli Chea and Bounny Mao parcel located at 3660 S. American Drive is one of several parcels affected by the Lancer Way Reconstruction Project; 2700 West to 3200 West. This project will widen 3650 South and provide for curb, gutter and sidewalk on Lancer Way from 2700 West to 3200 West where it does not currently exist. The project will also install textured, colored concrete park strip, street trees, streetlights and new ramps at street intersections on Lancer Way. Compensation for the purchase of the Temporary Construction Easement and improvements is $5,000.00 was based upon the administrative compensation estimate prepared by HDR Engineering, Inc. The project is being funded through the Surface Transportation Program (STP). The city is responsible for 6.77% of all project costs, including right of way, making the West Valley City share of the acquisition $338.50. E. RESOLUTION 23-159: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A PUBLIC UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM JEANIE BETH DELANEY FOR PROPERTY LOCATED AT 3659 SOUTH BISHOP STREET Dan Johnson, Public Works Director, discussed proposed Resolution 23-159 that would Authorize the City to Enter into a Real Estate Purchase Contract and Accept a  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -14- Public Utility Easement and a Temporary Construction Easement With and From Jeanie Beth Delaney for Property Located at 3659 South Bishop Street Written documentation previously provided to the City Council included information as follows: The Jeanie Beth Delaney parcel located at 3659 S. Bishop Street is one of several parcels affected by the Lancer Way Reconstruction Project; 2700 West to 3200 West. This project will widen Lancer Way and provide for curb, gutter and sidewalk from 2700 West to 3200 West where it does not currently exist. The project will also install textured, colored concrete park strip, street trees, streetlights and new ramps at street intersections on Lancer Way. Compensation for the purchase of the Temporary Construction Easement, Public Utility Easement and improvements is $6,050.00 and was based upon an administrative compensation estimate prepared by HDR Engineering, Inc. The project is being funded through the Surface Transportation Program (STP). The city is responsible for 6.77% of all project costs, including right of way, making the West Valley City share of the acquisition $409.59. F. RESOLUTION 23-160: AUTHORIZE THE CITY TO APPROVE A DELAY AGREEMENT WITH THE LYLE R. MOODY AND DAWNA L. MOODY MOKULEIA PROPERTY TRUST TO DELAY CERTAIN IMPROVEMENTS AT 6778 WEST SR-201 NORTH FRONTAGE ROAD Dan Johnson, Public Works Director, discussed proposed Resolution 23-160 that would Authorize the City to Approve a Delay Agreement with the Lyle R. Moody and Dawna L. Moody Mokuleia Property Trust to Delay Certain Improvements at 6778 West SR-201 North Frontage Road Written documentation previously provided to the City Council included information as follows: The Moody Subdivision is a 9-lot commercial subdivision with frontage on the SR-201 North Frontage Road near 6778 West. Sidewalk, curb, gutter, and streetlights do not exist in the area. The lack of storm drain infrastructure has resulted in the approval of delay agreements for several parcels within the area. There is anticipation of a future roadway project along the North Frontage Road that would include a storm drain system and enable the improvements to be constructed. Completing all right-of-way infrastructure along the frontage road at the same time, as part of a larger project, will ensure the  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -15- improvements are built at the correct location and elevation. The North Frontage Road project is not currently funded and will require extensive coordination with UDOT to finalize a design for the road. Due to the risk of constructing improvements in the wrong location, and the lack of a drainage system to accommodate storm water runoff, staff is recommending the approval of a delay agreement. 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 Huynh seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. UNFINISHED BUSINESS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-8-2023, FILED BY LIEU TRAN, REQUESTING A GENERAL PLAN CHANGE FROM PARKS AND OPEN SPACE EXISTING TO LIGHT MANUFACTURING AND A ZONE CHANGE FROM A-1 (AGRICULTURE, MINIMUM LOT SIZE 1 ACRE) TO M (MANUFACTURING) FOR PROPERTY LOCATED AT 7007 WEST APALOOSA DRIVE Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled October 3, 2023, in order for the City Council to hear and consider Application GPZ-8-2023, Filed by Lieu Tran, Requesting a General Plan Change from Parks and Open Space Existing to Light Manufacturing and a Zone Change from A-1 (Agriculture, Minimum Lot Size 1 acre) to M (Manufacturing) for Property Located at 7007 West Apaloosa Drive Written documentation previously provided to the City Council included MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -16- information as follows: The intended development for this property is a mix of 35,000 square feet of self-storage space, 30,000 square feet of flex space, and 4,000 square feet of office. Access would be gained primarily from Beagley Road by crossing the Riter Canal. Apaloosa Drive would provide secondary access. The following list of current conditions may warrant consideration of M zoning on the subject property:  The Northwest Economic Development Area (EDA), which was created in 2012, includes the subject property. The Northwest EDA covers approximately 1,000 acres in the northwest part of the City and makes available incentives for commercial development.  The Magna Water property to the south and east includes wells and a water treatment facility. These uses will likely remain in perpetuity with no chance of having connecting roads to the subject parcel.  The Western Mobile Estates mobile home park to the west has only one access, Apaloosa Drive, to 7200 West. Given that there are already 144 mobile homes with only one access, additional homes on the subject parcel would not be allowed without another access.  There are large, distribution warehouses that are part of the ARA Industrial Park on the north side of Beagley Road. Mayor Lang noted that a public meeting was opened and closed on October 10, 2023. ACTION: ORDINANCE NO. 23-35, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM PARKS AND OPEN SPACE EXISTING TO LIGHT MANUFACTURING FOR PROPERTY LOCATED AT 7007 WEST APALOOSA DRIVE The City Council previously held a public hearing regarding proposed Ordinance 23-35 that would amend the General Plan to Show a Change of Land Use from Parks and Open Space Existing to Light Manufacturing for Property Located at 7007 West Apaloosa Drive. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -17- Councilmember Harmon moved to continue Ordinance 23-35 to the November 7, 2023 City Council Meeting. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. Continued. ACTION: ORDINANCE NO. 23-36, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 7007 WEST APALOOSA DRIVE FROM A-1 (AGRICULTURE, MINIMUM LOT SIZE 1 ACRE) TO M (MANUFACTURING) The City Council previously held a public hearing regarding proposed Ordinance 23-36 that would amend the Zoning Map to Show a Change of Zone for Property Located at 7007 West Apaloosa Drive from A-1 (Agriculture, Minimum Lot Size 1 acre) to M (Manufacturing). Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to continue Ordinance 23-36 to the November 7, 2023 City Council Meeting. Councilmember Christensen seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 24, 2023 -18- 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, OCTOBER 17, 2023 WAS ADJOURNED AT 6:52 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, October 17, 2023. _______________________________ Nichole Camac, CMC City Recorder