City Council Regular Meeting
Regular MeetingWest Valley City, UT · November 14, 2023
Minutes
MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 14, 2023
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THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON
TUESDAY, NOVEMBER 14, 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
Jake Fitisemanu, Councilmember District 4
ABSENT:
William Whetstone, Councilmember District 3
STAFF PRESENT ELECTRONICALLY:
John Flores, HR Director
Nichole Camac, City Recorder
Eric Bunderson, City Attorney
John Evans, Fire Chief
Jim Welch, Finance Director (electronically)
Steve Pastorik, CED Director
Layne Morris, CPD Director
Dan Johnson, Public Works Director
Jason Erekson, Acting Parks and Recreation Director
Mark Nord, RDA Director
Sam Johnson, Strategic Communications Director
Ken Cushing, IT (electronically)
OPENING CEREMONY- MAYOR KAREN LANG
Mayor Karen Lang stated that the Parks and Recreation Department put on a beautiful
Veteran’s Day event on Saturday November 11, 2023. She asked members of the Council,
staff, and audience to rise and recite the Pledge of Allegiance.
APPROVAL OF MINUTES OF SPECIAL MEETING HELD NOVEMBER 7, 2023
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The Council considered the Minutes of the Special Meeting held November 7, 2023. There
were no changes, corrections or deletions.
Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held
November 7, 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 NOVEMBER 18, 2023 AS “WORLD
SUICIDE PREVENTION DAY” IN WEST VALLEY CITY
Councilmember Nordfelt read a Proclamation Recognizing November 18, 2023 as
“World Suicide Prevention Day”.
B. PROCLAMATION RECOGNIZING NOVEMBER 25, 2023 AS SMALL
BUSINESS SATURDAY
Councilmember Christensen read a Proclamation Recognizing November 25, 2023
as Small Business Saturday.
COMMENT PERIOD
A. PUBLIC COMMENTS
Cory Bantock stated that he is concerned about proposed application GPZ-6-2023
on tonight’s agenda. He noted that there is already significant traffic in the area and
expressed concern about a wall next to his property.
Karina McClellan stated that she represents the Work Activity Center which
supports community inclusion, activities, classes, and programs for adults with
disabilities. She detailed the mission of the organization and some of the programs
offered.
B. CITY MANAGER COMMENTS
John Flores, Human Resources Director, 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 GPZ-6-2023,
FILED BY MOUNTAIN HIGH REAL ESTATE ADVISORS, INC,
REQUESTING A GENERAL PLAN CHANGE FROM COMMUNITY USE
TO GENERAL COMMERCIAL AND A ZONE CHANGE FROM R-1-8
(SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 8,000
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SQUARE FEET) TO C-2 (GENERAL COMMERCIAL) FOR PROPERTY
LOCATED AT 3831 SOUTH CONSTITUTION BLVD
Mayor Lang informed a public hearing had been advertised for the Regular Council
Meeting scheduled November 14, 2023, in order for the City Council to hear and
consider public comments regarding Application GPZ-6-2023, Filed by Mountain
High Real Estate Advisors, Inc, Requesting a General Plan Change from Community
Use to General Commercial and a Zone Change from R-1-8 (Single Unit Dwelling
Residential, Minimum Lot Size 8,000 Square Feet) to C-2 (General Commercial) for
Property Located at 3831 South Constitution Blvd.
Written documentation previously provided to the City Council included
information as follows:
If this application is approved, the applicant plans to demolish the existing
church and build a new fast-food restaurant with a drive-thru and a retail
building.
If the C-2 zoning is approved, the requirements in Section 7-7-111 of the
Zoning Ordinance would apply to the neighboring residential property
lines. These requirements include the following:
“Where Fast Food Establishments with drive-up windows are
located adjacent to a Residential Zone or Use, the order board,
speakers, and pick-up window shall be located at least 50' from the
nearest residential property line and any sound emitting from the
order board, speakers, and pickup window shall not be audible
from the nearest residential property line between 10 PM and 7
AM.”
Steve Pastorik, CED Director, provided an updated concept plan with adjusted
drive through lanes and access points.
Councilmember Harmon asked if an entrance access on 2700 West that aligned
with the road across the street was explored. Steve replied yes and noted that this
option, as well as the proposed southern access point, would eliminate left turn
conflicts. He indicated that the applicant chose to shift the access south.
Councilmember Christensen asked if stacking into the parking lot is anticipated to
be a concern. Steve replied that the amount of proposed stacking far exceeds what
is required in the ordinance. He displayed two potential traffic flow options that
could occur under the new proposed concept. Councilmember Christensen asked
where the order board would be located. Steve replied that this level of detail has
not yet been determined but the ordinance requires it to be a specific distance from
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residential. He noted that the location of the building would suggest that the order
board would likely be on the west side of the property.
Councilmember Harmon expressed concern regarding the parking spaces on the
north end of the concept plan and indicated that he could see vehicles getting stuck
if the drive through gets back up.
Mayor Lang asked if a wall is required between 2700 West and the drive through.
Steve replied that this is required on 5600 West but not at this location. He noted
that there will be 20 feet of landscaping.
Mayor Lang opened the Public Hearing.
Carl Young indicated that he is the Pastor of the existing church. He indicated that
the congregation has had lengthy conversation regarding the sale and development
of this property and is in firm agreement of redevelopment. Pastor Young noted
that there has been a decline to this property over the years and he, as well as his
congregation, believe the proposed developed is best for the community and for the
City.
Corey Bantock stated that he would like to know if parking will be constructed
directly next to the wall bordering his home. He expressed concern regarding losing
his view of the Oquirrh Mountains.
Jim Vesock stated that he is concerned about traffic problems this type of
development could generate in an already congested area. He noted that he believes
this could be better designed.
Rob Galanis, the applicant, noted that he owns other property to the north of this
parcel and he has has been working with the City to improve and redevelop this
area. He noted that he has worked with Pastor Young and the sale of the property
is contingent upon finding a new location for the congregation in the neighborhood.
Mr. Galanis stated that there will be a landscaping buffer against residential and
added that the order board speakers will be located close to the street so as not to
impact neighbors. He noted that medians and landscaping will be placed throughout
the property to deter cross through access in the parking lot and noted that his team
worked to ensure good circulation is provided for traffic.
Mayor Lang closed the Public Hearing.
ACTION: ORDINANCE NO. 23-42, AMEND THE GENERAL PLAN TO
SHOW A CHANGE OF LAND USE FROM COMMUNITY USE TO GENERAL
COMMERCIAL FOR PROPERTY LOCATED AT 3831 S CONSTITUTION
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BLVD
The City Council previously held a public hearing regarding proposed Ordinance
23-42 that would amend the General Plan to Show a Change of Land Use from
Community Use to General Commercial for Property Located at 3831 S Constitution
Blvd.
Mayor Lang asked how tall the proposed wall will be next to residential. Steve replied
that the Development Agreement requires 8 feet, measured from the parking lot grade,
and a 10-foot landscaping buffer.
Councilmember Huynh verified that there is one entrance/exit from 2700 West. Steve
replied yes. He noted that Public Works didn’t want to see left turn conflicts on 2700
West and didn’t want an access point too close to the intersection on 3800 South.
Councilmember Huynh expressed concern regarding traffic and safety with the
proposed concept.
Councilmember Harmon stated that he is concerned that traffic will have to wind
through the property with the access point to the south on 2700 West. He added that he
would prefer to see that access align with 3835 South. He noted that his other concern
is traffic on 3800 South. Councilmember Huynh agreed.
Councilmember Nordfelt asked if the Council would be approving the concept plan at
tonight’s meeting. Steve replied no. Councilmember Nordfelt asked if the concept
could be altered after this application were passed. Steve replied that the concept plan
submitted is just a concept and grading/drainage and other details have not been
investigated at this time. Councilmember Harmon stated that this is the only stage that
the Council could really review the application. Steve stated the application will
proceed to either a permitted or conditional use moving forward which is reviewed by
staff or the Planning Commission. Councilmember Harmon asked if the Council could
required that the street align as part of the Development Agreement. Steve replied that
this is something that the Council could do but noted that the applicant was not open
to this idea because it limited them in layout and ability for the south parcel.
Mayor Lang stated that she appreciated the adjustments made by the applicant in the
updated concept. She indicated that moving the building further west will help the
residents.
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 23-42.
Councilmember Christensen seconded the motion.
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Councilmember Harmon suggested a continuance.
Councilmember Fitisemanu stated that he doesn’t believe a big, successful fast-
food chain will make a bad business move/layout that would create a problem. He
indicated he is not opposed to a continuance but asked what the Council would like
to see the applicant bring back that would help them decide. Councilmember
Harmon replied that a continuance could allow the developer time to consider
different configurations. He noted that he agrees, it’s in the best interest of the
business to create a profitable and successful site layout, but added that he is just
concerned about people traveling through the parking lot. Councilmember Huynh
agreed and stated that backing in out of stalls could be an issue. Mayor Lang
indicated that she believes people will quickly learn how to maneuver the location.
She stated that she prefers to see the access on 2700 West to the South and noted
that she has confidence that the developer and business owner to know what works
best for their business and the location.
A roll call vote was taken:
Councilman Fitisemanu Yes
Councilman Whetstone Absent
Councilman Harmon Yes
Councilman Huynh No
Councilman Christensen Yes
Councilman Nordfelt Yes
Mayor Lang Yes
Majority.
ACTION: ORDINANCE NO. 23-43, AMEND THE ZONING MAP TO SHOW
A CHANGE OF ZONE FOR PROPERTY LOCATED AT 3831 S
CONSTITUTION BLVD FROM R-1-8 (SINGLE UNIT DWELLING
RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) TO C-2
(GENERAL COMMERCIAL)
The City Council previously held a public hearing regarding proposed Ordinance
23-43 that would amend the Zoning Map to Show a Change of Zone for Property
Located at 3831 S Constitution Blvd from R-1-8 (Single Unit Dwelling Residential,
Minimum Lot Size 8,000 Square Feet) to C-2 (General Commercial).
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 23-43.
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Councilmember Fitisemanu seconded the motion.
A roll call vote was taken:
Councilman Fitisemanu Yes
Councilman Whetstone Absent
Councilman Harmon Yes
Councilman Huynh Yes
Councilman Christensen Yes
Councilman Nordfelt Yes
Mayor Lang Yes
Unanimous.
ACTION: RESOLUTION NO. 23-161, AUTHORIZE THE CITY TO ENTER
INTO A DEVELOPMENT AGREEMENT WITH MOUNTAIN HIGH REAL
ESTATE ADVISORS, INC. FOR APPROXIMATELY 2.92 ACRES OF
PROPERTY LOCATED AT APPROXIMATELY 3831 SOUTH 2700 WEST
John Flores, HR Director, discussed proposed Resolution 23-161 that would
authorize the City to Enter into a Development Agreement with Mountain High Real
Estate Advisors, Inc. for Approximately 2.92 Acres of Property Located at
Approximately 3831 South 2700 West.
Written documentation previously provided to the City Council included
information as follows:
Mountain High Real Estate Advisors, Inc. has submitted a General
Plan/zone change application (GPZ-6-2023) on 2.92 acres to change the
General Plan from Community Use to General Commercial and to change
the zoning from R-1-8 (Single Unit Dwelling Residential, minimum lot size
8,000 square feet) to C-2 (General Commercial). The Planning Commission
recommended approval of the zone change subject to a development
agreement.
The proposed development agreement addresses the following items:
requiring street trees in the parkstrip,
increasing the height of the masonry wall along the south and east
sides of the property from 6’ to 8’,
addressing pedestrian safety with the drive-thru traffic, and
limiting the height of buildings to a single story.
Upon inquiry by Mayor Lang there were no further questions from members of the
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City Council, and he called for a motion.
Councilmember Fitisemanu moved to approve Resolution 23-43 subject to
the updated concept plan and Development Agreement.
Councilmember Christensen seconded the motion.
A roll call vote was taken:
Councilman Fitisemanu Yes
Councilman Whetstone Absent
Councilman Harmon Yes
Councilman Huynh Yes
Councilman Christensen Yes
Councilman Nordfelt Yes
Mayor Lang Yes
Unanimous.
RESOLUTION 23-170: APPROVE A BETTERMENT AGREEMENT BETWEEN
THE CITY AND THE UTAH DEPARTMENT OF TRANSPORTATION (UDOT)
John Flores, HR Director, proposed Resolution 23-170 that would approve a Betterment
Agreement Between the City and the Utah Department of Transportation (UDOT).
Written documentation previously provided to the City Council included information as
follows:
UDOT is in the process of finalizing the design for their I-215 SB; Frontage Road (4100
to 4700 South) project. This project will include a new two-lane frontage road adjacent to
southbound I-215 from 4100 South to 4700 South in Taylorsville. The project will also
include a new east-west road connecting the new frontage road to 2700 West at Bedford
Road (4390 South).
In coordination with Taylorsville, West Valley City had previously designed a storm water
project to reconstruct the existing storm drain system at approximately 4400 South between
2700 West and I-215. This system is used to drain the majority of the Roxborough
neighborhood between 3200 West and 2700 West. Upon learning that UDOT had funding
for a project within the vicinity, it was decided to postpone the construction of the storm
drain project to ensure the storm drain design would correlate with the design of UDOT’s
roadway project. As design and coordination efforts progressed, it was decided to have
UDOT construct the storm drain as a city betterment to their project. This agreement
solidifies the terms of that betterment and outlines the estimated reimbursement amount
for the work.
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UDOT plans to begin their project during the 2024 construction season.
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 23-170
Councilmember Harmon seconded the motion.
A roll call vote was taken:
Councilman Fitisemanu Yes
Councilman Whetstone Absent
Councilman Harmon Yes
Councilman Huynh Yes
Councilman Christensen Yes
Councilman Nordfelt Yes
Mayor Lang Yes
Unanimous.
RESOLUTION 23-171: APPROVE A LOCAL AGENCY AGREEMENT
BETWEEN THE CITY AND THE UTAH DEPARTMENT OF
TRANSPORTATION (UDOT)
John Flores, HR Director, presented proposed Resolution 23-171 that would approve a
Local Agency Agreement Between the City and the Utah Department of Transportation
(UDOT).
Written documentation previously provided to the City Council included information as
follows:
UDOT is in the process of finalizing the design for their 3500 South Sidewalk
Improvement project. This project will construct sidewalk and associated roadway
improvements in West Valley City (WVC) on the south side of 3500 South at the
following locations:
7105 West
Highlander Street (6885 West) to 6800 West
5303 West
During the scoping efforts on this project, WVC proposed to contribute $100,000
towards the acquisition costs of the old Hunsaker Meats building at 5303 West, if
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UDOT would commit to removing the building and constructing sidewalk at that
location. UDOT has agreed to include that acquisition in their project.
In addition, WVC applied for “Safe Sidewalk” funding in July of 2022 to construct a
sidewalk on the south side of 3500 South between Highlander Street and 6800 West.
When applying for Safe Sidewalk funding, the City must agree to acquire all
necessary right-of-way and provide a 25% match. We were notified in the fall of
2022 that our application was successful. At that point we coordinated with UDOT
and proposed to have them construct the sidewalk with their 3500 South Sidewalk
project. UDOT agreed to include it if WVC would contribute up to $200,000 towards
right-of-way costs for this section of sidewalk.
UDOT plans to advertise their project this winter and construct the sidewalk during
the 2024 construction season.
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 23-171.
Councilmember Harmon seconded the motion.
A roll call vote was taken:
Councilman Fitisemanu Yes
Councilman Whetstone Absent
Councilman Harmon Yes
Councilman Huynh Yes
Councilman Christensen Yes
Councilman Nordfelt Yes
Mayor Lang Yes
Unanimous.
RESOLUTION 23-172: APPROVE A LOCAL AGENCY COST ESTIMATE
BETTERMENT AGREEMENT BETWEEN THE CITY AND THE UTAH
DEPARTMENT OF TRANSPORTATION
John Flores, HR Director, presented proposed Resolution 23-172 that would approve a
Local Agency Cost Estimate Betterment Agreement Between the City and the Utah
Department of Transportation.
Written documentation previously provided to the City Council included information as
follows:
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UDOT is in the process of finalizing the design for their 3500 South Sidewalk
Improvement project. This project will construct sidewalk and associated roadway
improvements in West Valley City (WVC) on the south side of 3500 South at the
following locations:
7105 West
Highlander Street (6885 West) to 6800 West
5303 West
WVC has requested that UDOT construct stamped colored concrete per City standards
in areas where a park strip is being introduced. UDOT is willing to do the work as a
betterment but will require WVC to pay the difference in cost between regular concrete
flatwork and stamped, colored concrete.
UDOT plans to advertise their project this winter and construct the sidewalk during the
2024 construction season.
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 23-172.
Councilmember Fitisemanu seconded the motion.
A roll call vote was taken:
Councilman Fitisemanu Yes
Councilman Whetstone Absent
Councilman Harmon Yes
Councilman Huynh Yes
Councilman Christensen Yes
Councilman Nordfelt Yes
Mayor Lang Yes
Unanimous.
CONSENT AGENDA
A. RESOLUTION 23-173: AUTHORIZE THE CITY TO ENTER INTO A
REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY
DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND
FROM 2700 SOUTH LLC FOR PROPERTY LOCATED AT 2720-2736
WEST PARKWAY BOULEVARD
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Mayor Lang discussed proposed Resolution 23-173 that 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 2700 South LLC for Property
Located at 2720-2736 West Parkway Boulevard.
Written documentation previously provided to the City Council included
information as follows:
The 2700 South LLC parcel located at 2620-36 S. Constitution Boulevard
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,
Temporary Construction Easement and improvements is $950.00 which
was negotiated based upon the Administrative Compensation Estimate
prepared by Meridian Engineering, Inc. .
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
$64.32.
B. RESOLUTION 23-174: AUTHORIZE THE CITY TO ENTER INTO A
REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY
DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND
FROM JACOB AND ELIZABETH BASTIAN FOR PROPERTY LOCATED
AT 3117 WEST 3650 SOUTH
Mayor Lang discussed proposed Resolution 23-174 that 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 Jacob and Elizabeth Bastian for
Property Located at 3117 West 3650 South.
Written documentation previously provided to the City Council included
information as follows:
The Jacob N. Bastian and Elizabeth A. Bastian parcel located at 3117 West
3650 South 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
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new ramps at street intersections on Lancer Way. Compensation for the
purchase of the temporary construction easement and improvements is
$15,100.00 and was based upon an appraisal report estimate prepared by
Integra Realty Resources.
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 $1,022.27.
C. RESOLUTION 23-175: ACCEPT A WARRANTY FROM MARIA DUBON
FOR PROPERTY LOCATED AT 4354 WEST 3500 SOUTH
Mayor Lang discussed proposed Resolution 23-175 that would accept a Warranty
from Maria Dubon for Property Located at 4354 West 3500 South
Written documentation previously provided to the City Council included
information as follows:
The Maria Dubon property is located on the north side of 3500 South at
4354 West. As a condition of approval for a building permit for the
Catrachos Food site, conveyance of additional 3500 South right of way was
required to comply with the Major Street Plan.
D. RESOLUTION 23-176: AUTHORIZE THE CITY TO ENTER INTO A
REAL ESTATE PURCHASE AGREEMENT AND ACCEPT A
WARRANTY DEED WITH AND FROM RHONDA, JANEAL, AND TROY
FORD FOR PROPERTY LOCATED AT 6776 WEST PARKWAY
BOULEVARD
Mayor Lang discussed proposed Resolution 23-176 that would authorize the City to
Enter Into a Real Estate Purchase Agreement and Accept a Warranty Deed With and
From Rhonda, Janeal, and Troy Ford for Property Located at 6776 West Parkway
Boulevard
Written documentation previously provided to the City Council included
information as follows:
The Rhonda Ford, Janeal Ford and Troy Ford parcel located at 6776 W.
Parkway Boulevard is one of three parcels affected by the 6800 West Pond
Overflow Project. West Valley City is working with Eloy Santana Perez
and the owners of two other properties 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
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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 $12,900.00 based upon the Appraisal Report
prepared by Integra Realty Resources.
E. RESOLUTION 23-177: AUTHORIZE THE CITY TO ENTER INTO AN
EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL
EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH
AND FROM DAVID PACK FOR PROPERTY LOCATED AT 4068 SOUTH
DUBLIN CIRCLE
Mayor Lang discussed proposed Resolution 23-177 that would authorize the City to
Enter Into an Easement Purchase Agreement and Accept a Perpetual Easement and a
Temporary Construction Easement With and From David Pack for Property Located
at 4068 South Dublin Circle.
Written documentation previously provided to the City Council included
information as follows:
The David Pack parcel located at 4068 S. Dublin Circle is one of eight
parcels affected by the UTA Midvalley Bus Rapid Transit (2700 West Wall)
Project, scheduled to be constructed in 2024. This project will include
construction of textured colored concrete park strip, landscaping, and
decorative street lighting along the east side of Constitution Boulevard
(2700 West) from 4100 South to Westshire Drive (4030 South). The project
will also include an eight-foot-tall decorative concrete post and panel wall
along those properties with backyards facing Constitution Boulevard to
match the wall on the west side of Constitution Boulevard. The acquisition
includes a Perpetual Easement, Temporary Construction Easement and
improvements. Compensation in the amount of $3,100.00 is based upon the
appraisal report prepared by the Fortis Group.
F. RESOLUTION 23-178: AUTHORIZE THE CITY TO ENTER INTO AN
EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL
EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH
AND FROM JEFFREY AND JENNY AMACK FOR PROPERTY
LOCATED AT 4072 SOUTH DUBLIN CIRCLE
Mayor Lang discussed proposed Resolution 23-178 that would authorize the City to
Enter Into an Easement Purchase Agreement and Accept a Perpetual Easement and a
Temporary Construction Easement With and From Jeffrey and Jenny Amack for
Property Located at 4072 South Dublin Circle
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Written documentation previously provided to the City Council included
information as follows:
The Jeffrey S. Amack and Jenny L. Amack parcel located at 4072 S. Dublin
Circle is one of eight parcels affected by the UTA Midvalley Bus Rapid
Transit (2700 West Wall) Project, scheduled to be constructed in 2024. This
project will include construction of textured colored concrete park strip,
landscaping, and decorative street lighting along the east side of
Constitution Boulevard (2700 West) from 4100 South to Westshire Drive
(4030 South). The project will also include an eight-foot-tall decorative
concrete post and panel wall along those properties with backyards facing
Constitution Boulevard to match the wall on the west side of Constitution
Boulevard. The acquisition includes a Perpetual Easement, Temporary
Construction Easement and improvements. Compensation in the amount of
$3,100.00 is based upon the appraisal report prepared by the Fortis Group.
G. RESOLUTION 23-179: AUTHORIZE THE CITY TO ENTER INTO AN
EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL
EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH
AND FROM SIERRA MARIE ALEXANDER AND DUSTIN JOSEPH
GARDNER FOR PROPERTY LOCATED AT 4058 SOUTH 2665 WEST
Mayor Lang discussed proposed Resolution 23-179 that would authorize the City to
Enter Into an Easement Purchase Agreement and Accept a Perpetual Easement and a
Temporary Construction Easement With and From Sierra Marie Alexander and Dustin
Joseph Gardner for Property Located at 4058 South 2665 West
Written documentation previously provided to the City Council included
information as follows:
The Sierra Marie Alexander and Dustin Joseph Gardner parcel located at
4058 South 2665 West is one of eight parcels affected by the UTA
Midvalley Bus Rapid Transit (2700 West Wall) Project, scheduled to be
constructed in 2024. This project will include construction of textured
colored concrete park strip, landscaping, and decorative street lighting
along the east side of Constitution Boulevard (2700 West) from 4100 South
to Westshire Drive (4030 South). The project will also include an eight-
foot-tall decorative concrete post and panel wall along those properties with
backyards facing Constitution Boulevard to match the wall on the west side
of Constitution Boulevard. The acquisition includes a Perpetual Easement,
Temporary Construction Easement and improvements. Compensation in
the amount of $5,450.00 was based upon the appraisal report prepared by
the Fortis Group which indicated compensation in the amount of $4,300.00.
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Additional compensation is being paid for the removal of a large coniferous
tree and additional Temporary Construction Easement area.
H. RESOLUTION 23-180: AUTHORIZE THE CITY TO ENTER INTO A
REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY
DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND
FROM DAVID B. KENNEY FOR PROPERTY LOCATED AT 3658 SOUTH
GRANGER DRIVE
Mayor Lang discussed proposed Resolution 23-180 that 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 David B. Kenney for Property
Located at 3658 South Granger Drive
Written documentation previously provided to the City Council included
information as follows:
The David B. Kenney parcel located at 3658 S. Granger 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
Warranty Deed, Temporary Construction Easement and improvements is
$17,600.00 and was based upon an administrative compensation estimate
prepared by Integra Realty Resources.
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 $1,191.52.
I. RESOLUTION 23-181: AUTHORIZE THE CITY TO ENTER INTO A
REAL ESTATE PURCHASE CONTRACT AND ACCEPT A TEMPORARY
CONSTRUCTION EASEMENT WITH AND FROM KELSEY K.
RAYMOND FOR PROPERTY LOCATED AT 3660 SOUTH LEE MAUR
STREET
Mayor Lang discussed proposed Resolution 23-181 that would authorize the City to
Enter Into a Real Estate Purchase Contract and Accept a Temporary Construction
Easement With and From Kelsey K. Raymond for Property Located at 3660 South Lee
Maur Street.
Written documentation previously provided to the City Council included
information as follows:
MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 14, 2023
-17-
The Kelsey K. Raymond parcel located at 3660 S. Lee Maur 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 is $2,250.00 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 $152.33.
J. RESOLUTION 23-182: 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 ARLEN E. HALE FOR PROPERTY
LOCATED AT 3660 SOUTH MARKET STREET
Mayor Lang discussed proposed Resolution 23-181 that would authorize the City to
Enter Into a Real Estate Purchase Contract and Accept a Temporary Construction
Easement With and From Kelsey K. Raymond for Property Located at 3660 South Lee
Maur Street.
Written documentation previously provided to the City Council included
information as follows:
The Arlen E. Hale parcel located at 3660 S. Market 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 Public Utility
Easement, Temporary Construction Easement and improvements is
$4,150.00 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 $280.96.
Upon inquiry by Mayor Lang there were no further questions from members of the
MINUTES OF COUNCIL REGULAR MEETING NOVEMBER 14, 2023
-18-
City Council, and she called for a motion.
Councilmember Christensen moved to approve items on the Consent
Agenda.
Councilmember Nordfelt seconded the motion.
A roll call vote was taken:
Councilman Fitisemanu Yes
Councilman Whetstone Absent
Councilman Harmon Yes
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, NOVEMBER 14, 2023 WAS ADJOURNED AT
7:28 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,
November 14, 2023.
_______________________________
Nichole Camac, CMC
City Recorder
Agenda
WEST VALLEY CITY
The Regular Electronic Meeting of the West Valley City Council will be held on Tuesday,
November 14, 2023, at 6:30 PM, in the City Council Chambers, West Valley City Hall, 3600
Constitution Boulevard, West Valley City, Utah. Members of the press and public are invited to
attend in person or view this meeting live on YouTube at
https://www.youtube.com/user/WVCTV.
AGENDA
1. Call to Order
2. Roll Call
3. Opening Ceremony: Mayor Karen Lang
4. Special Recognitions
5. Approval of Minutes:
A. November 7, 2023 (Special Meeting)
6. Awards, Ceremonies and Proclamations:
A. A Proclamation Declaring November 18th as "World Suicide Prevention Day" in West
Valley City
B. A Proclamation Recognizing November 25, 2023 as Small Business Saturday
West Valley City does not discriminate on the basis of race, color, national origin, gender, religion, age or disability in employment or the provision of services.
If you are planning to attend this public meeting and, due to a disability, need assistance in understanding or participating in the meeting, please notify the City eight or
more hours in advance of the meeting and we will try to provide whatever assistance may be required. The person to contact for assistance is Nichole Camac.
Electronic connection may be made by telephonic or other means. In the event of an electronic meeting, the anchor location is designated as City Council Chambers,
West Valley City Hall, 3600 Constitution Boulevard, West Valley City, Utah.
3600 South Constitution Boulevard, West Valley City, Utah, 84119 | Phone: 801-963-3203 | Fax: 801-963-3206
TDD: 801-963-3418 | www.wvc-ut.gov
7. Comment Period:
(The comment period is limited to 30 minutes. Any person wishing to comment shall limit
their comments to three minutes. Any person wishing to comment during the comment period
shall request recognition by the Mayor. Upon recognition, the citizen shall approach the
microphone. All comments shall be directed to the Mayor. No person addressing the City
Council during the comment period shall be allowed to comment more than once during that
comment period. Speakers should not expect any debate with the Mayor, City Council or City
Staff; however, the Mayor, City Council or City Staff may respond within the 30-minute
period. Speakers shall refrain from personal attacks against fellow citizens, city staff, or
members of the City Council)
A. Public Comments
B. City Manager Comments
C. City Council Comments
8. Public Hearings:
A. Accept Public Comment Regarding Application GPZ-6-2023, Filed by Mountain High
Real Estate Advisors, Inc, Requesting a General Plan Change from Community Use to
General Commercial and a Zone Change from R-1-8 (Single Unit Dwelling
Residential, Minimum Lot Size 8,000 Square Feet) to C-2 (General Commercial) for
Property Located at 3831 South Constitution Blvd
Action: Consider Ordinance 23-42, Amend the General Plan to Show a Change of
Land Use from Community Use to General Commercial for Property Located at 3831
S Constitution Blvd
Action: Consider Ordinance 23-43, Amend the Zoning Map to Show a Change of Zone
for Property Located at 3831 S Constitution Blvd from R-1-8 (Single Unit Dwelling
Residential, Minimum Lot Size 8,000 Square Feet) to C-2 (General Commercial)
Action: Consider Resolution 23-161, Authorize the City to Enter into a Development
Agreement with Mountain High Real Estate Advisors, Inc. for Approximately 2.92
Acres of Property Located at Approximately 3831 South 2700 West
9. Resolutions:
A. 23-170: Approve a Betterment Agreement Between the City and the Utah Department
of Transportation (UDOT)
B. 23-171: Approve a Local Agency Agreement Between the City and the Utah
Department of Transportation (UDOT)
C. 23-172: Approve a Local Agency Cost Estimate Betterment Agreement Between the
City and the Utah Department of Transportation (UDOT)
10. Consent Agenda:
A. Reso 23-173: Authorize the City to Enter Into a Real Estate Purchase Contract and
Accept a Warranty Deed and a Temporary Construction Easement With and From
2700 South LLC for Property Located at 2720-2736 West Parkway Boulevard
B. Reso 23-174: Authorize the City to Enter Into a Real Estate Purchase Contract and
Accept a Warranty Deed and a Temporary Construction Easement With and From
Jacob and Elizabeth Bastian for Property Located at 3117 West 3650 South
C. Reso 23-175: Accept a Warranty from Maria Dubon for Property Located at 4354
West 3500 South
D. Reso 23-176: Authorize the City to Enter Into a Real Estate Purchase Agreement and
Accept a Warranty Deed With and From Rhonda, Janeal, and Troy Ford for Property
Located at 6776 West Parkway Boulevard
E. Reso 23-177: Authorize the City to Enter Into an Easement Purchase Agreement and
Accept a Perpetual Easement and a Temporary Construction Easement With and From
David Pack for Property Located at 4068 South Dublin Circle
F. Reso 23-178: Authorize the City to Enter Into an Easement Purchase Agreement and
Accept a Perpetual Easement and a Temporary Construction Easement With and From
Jeffrey and Jenny Amack for Property Located at 4072 South Dublin Circle
G. Reso 23-179: Authorize the City to Enter Into an Easement Purchase Agreement and
Accept a Perpetual Easement and a Temporary Construction Easement With and From
Sierra Marie Alexander and Dustin Joseph Gardner for Property Located at 4058 South
2665 West
H. Reso 23-180: Authorize the City to Enter Into a Real Estate Purchase Contract and
Accept a Warranty Deed and a Temporary Construction Easement With and From
David B. Kenney for Property Located at 3658 South Granger Drive
I. Reso 23-181: Authorize the City to Enter Into a Real Estate Purchase Contract and
Accept a Temporary Construction Easement With and From Kelsey K. Raymond for
Property Located at 3660 South Lee Maur Street
J. Reso 23-182: 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 Arlen E. Hale for Property Located at 3660 South Market Street
11. Motion for Closed Session (if necessary)
12. Adjourn
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