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City Council Regular Meeting

Regular Meeting

West Valley City, UT · December 5, 2023

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Minutes

MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, DECEMBER 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 (electronically) 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: John Flores, HR Director Nichole Camac, City Recorder Eric Bunderson, City Attorney (electronically) Colleen Jacobs, Police Chief (electronically) John Evans, Fire Chief Steve Hyder, Acting Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director (electronically) Dan Johnson, Public Works Director (electronically) Jamie Young, Parks and Recreation Director Mark Nord, RDA Director (electronically) Sam Johnson, Strategic Communications Director (electronically) Ken Cushing, IT Steve Lehman, CED ((electronically) Jeff Jackson, RDA OPENING CEREMONY- COUNCILMEMBER TOM HUYNH Councilmember Tom Huynh asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD NOVEMBER 28, 2023 MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -2- The Council considered the Minutes of the Regular Meeting held November 28, 2023. There were no changes, corrections or deletions. Councilmember Harmon moved to approve the Minutes of the Regular Meeting held November 28, 2023. Councilmember Huynh seconded the motion. A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Sophia Hawes-Tingey indicated that it was a pleasure to run for Councilmember At-Large. She encouraged residents to come to Council meetings and reach out to their elected officials. Ms. Hawes-Tingey expressed concern regarding traffic on 4100 South and Bangerter Highway and encouraged the Council to continue conversations with UDOT. Jim Vesock stated that he believes, as part of the fee increase for parks, that there should be assigned parking places for people who pay for pavilions. He also indicted that trash should be emptied more regularly and spaces should be cleaned frequently. 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. ORDINANCE 23-44: AMEND SECTION 1-2-107 OF THE WEST VALLEY CITY MUNICIPAL CODE TO UPDATE CERTAIN PARKS AND RECREATION FEES John Flores, Human Resource Director, discussed proposed Ordinance 23-44 that would amend Section 1-2-107 of the West Valley City Municipal Code to Update Certain Parks and Recreation Fees Written documentation previously provided to the City Council included information as follows: Parks and Recreation staff have evaluated fees to cover costs and to be comparable to other similar facilities in the area. Fee changes help cover cost of personnel to clean, prepare, schedule and maintain the facilities listed below. current fees proposed fees Pavilion rental weekday(M-Th) $40 $80/$100 (resident/non-resident) MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -3- Pavilion rental weekend(F-Sun) $50 $100/$125 (resident/non-resident) Park open space $250/day $400/day Soccer field rental $50/half day $100/half day Softball complex rental (4 fields) $150/half day $250/half day Softball field prep $30/field/prep $65/field/prep Field lights $25/hr/field $75/hr/field Electrical power tower set up $100/box $200/box Electrical power tower use $10/day $25/day In addition, The Ridge and Stonebridge Golf Clubs wish to adjust the days and times which the reduced golf rates are offered as part of the Player Pass. As golf rounds have increased over the last few years, those with Player Passes are taking high demand times from those willing to pay regular golf rates. The proposal provides that weekend rates would now include Friday and that weekends and holidays would not have reduced rates after 1 PM. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Fitisemanu asked if it is common practice to have designated parking spaces for park rentals. He noted that he has never seen this. Jamie Young, Parks and Recreation Director, replied that this is not standard. She noted that this would be an enforcement challenge but added that a space could be designated for loading/unloading. Mayor Lang asked how often garbage cans are collected. Jamie replied Tuesday and Saturday unless extra pickups are needed due to large events. She noted that areas are only eligible to be reserved once a day to prevent increased garbage. Jamie stated that staff could look at ways to offset the extra cost for additional garbage pick-up if needed. Councilmember Harmon moved to approve Ordinance 23-44 Councilmember Nordfelt 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 DECEMBER 5, 2023 -4- Unanimous. RESOLUTION 23-183: AWARD A CONTRACT TO ACME CONSTRUCTION FOR SUNSET HILLS PARK John Flores, HR Director, discussed proposed Resolution 23-183 that would award a Contract to Acme Construction for Sunset Hills Park. Written documentation previously provided to the City Council included information as follows: Sunset Hills Park is located at 6420 South Oquirrh Mesa Drive. It is 3.09 acres of land that is currently a vacant lot which was acquired from two separate neighborhoods in 2009 and 2022. This project will construct a complete park, which will include: playground, pavilion, picnic tables, benches, walking path, exercise equipment, trees, shrubs, drinking fountain, and an open grass area. Through online surveys and public meetings, residents of the area have been involved in the project from the naming of the park to desired features. Bids for construction were solicited and one bidder responded: ACME Construction – $1,527,610.75 ACME was selected as the lowest responsible bidder. Construction will begin as soon as possible. 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 23-183. Councilmember Harmon 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. MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -5- RESOLUTION 23-184: APPOINT AN INTERIM CITY MANAGER AND AN INTERIM ASSISTANT CITY MANAGER John Flores, HR Director, presented proposed Resolution 23-184 that would appoint an Interim City Manager and an Interim Assistant City Manager. Written documentation previously provided to the City Council included information as follows: The upcoming retirement of Wayne Pyle as City Manager will leave the position vacant. Pending the appointment of a permanent City Manager, John Evans and John Flores will serve as interim City Manager and Assistant City Manager, respectively. Mr. Evans and Mr. Flores are willing to serve in these positions until said appointment. 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 23-184. 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. RESOLUTION 23-185: REQUEST THE RECERTIFICATION OF THE WEST VALLEY CITY JUSTICE COURT BY THE UTAH JUDICIAL COUNCIL AND THE JUSTICE COURTS STANDARDS COMMITTEE John Flores, HR Director, discussed proposed Resolution 23-185 that would request the Recertification of the West Valley City Justice Court by the Utah Judicial Council and the Justice Courts Standards Committee Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -6- The West Valley City Justice Court operates under the authority of the Utah Code and the rules of the Utah Judicial Council and is certified by the Utah Judicial Council and the Justice Courts Standards Committee. Every four years the Justice Court must be recertified by these entities to ensure that the Justice Court is operating in compliance with the applicable laws and regulations. The City was recently notified by the Administrative Office of the Courts that the West Valley City Justice Court is due for recertification. This Resolution affirms the City’s willingness to continue to meet all necessary and reasonable requirements set forth by the Utah Code and the Utah Judicial Council for continued operation of the Justice Court for another four year term. 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 23-185. Councilmember Harmon 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. RESOLUTION 23-186: APPROVE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN WEST VALLEY CITY AND THE UTAH CYBER CENTER John Flores, HR Director, presented proposed Resolution 23-186 that would approve the Execution of a Memorandum of Understanding Between West Valley City and the Utah Cyber Center. Written documentation previously provided to the City Council included information as follows: The State has Purchased licensing for SentinelOne and other security tools for agencies, including City and county Governments, School Districts, and MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -7- Universities. By participating in the State and Local Cybersecurity Grant Program, West Valley City can use licenses for specific security software. It is time for the City to replace its anti-virus/endpoint security software. SentinelOne has more features and will better secure our desktops and laptops. This agreement will also allow us to use other security tools the State purchased. 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 23-186. 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. RESOLUTION 23-187: AUTHORIZE THE CITY TO ENTER INTO A MUTUAL AID AGREEMENT FOR EMERGENCY FIRE AND MEDICAL SERVICES John Flores, HR Director, presented proposed Resolution 23-187 that would authorize the City to Enter Into a Mutual Aid Agreement for Emergency Fire and Medical Services. Written documentation previously provided to the City Council included information as follows: The resources of multiple jurisdictions are often required to respond to emergency events or other urgent needs. This agreements establishes the terms on which each agency agrees to assist the others. The signing agencies intend by this Agreement to commit to assist each other whenever possible, while allowing each agency the sole discretion to determine when its resources cannot be spared for assisting other agencies. MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -8- The City has participated in similar mutual aid agreements for many years. These agreements have been invaluable in establishing clear guidelines to follow as agencies assist one another. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Huynh moved to approve Resolution 23-187. Councilmember Harmon 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. RESOLUTION 23-188: APPROVE A BETTERMENT AGREEMENT BETWEEN THE CITY AND THE UTAH DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO BANGERTER HIGHWAY John Flores, HR Director, presented proposed Resolution 23-188 that would approve a Betterment Agreement Between the City and the Utah Department of Transportation for Improvements to Bangerter Highway. Written documentation previously provided to the City Council included information as follows: Construction associated with the Bangerter Highway interchange at 4700 South is currently under way. During the project environmental clearance process, the City Council requested of UDOT that the interchange be built with Bangerter Highway passing underneath 4700 South, which comes at a significant higher cost. The City has made verbal commitments to participate financially in the betterment. UDOT indicates that the cost difference to take Bangerter under 4700 South is approximately $14,000,000 and is asking the City for participation in the amount of $2,000,000. MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -9- In addition to the betterment payment, a condition of the betterment is that 4700 South through-traffic at Bangerter will be closed for approximately 12-months. Construction activities currently taking place for the Jordan Valley aqueduct relocation are anticipated to last through spring 2024. Construction of the interchange will begin spring 2024 and last through fall 2025. 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 23-188. 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. RESOLUTION 23-189: AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT WITH SALT LAKE CITY FOR STORM WATER IMPROVEMENTS John Flores, HR Director, presented proposed Resolution 23-189 that would authorize the Execution of a Lease Agreement with Salt Lake City for Storm Water Improvements. Written documentation previously provided to the City Council included information as follows: In an effort to reduce the risk of flooding to several business in the northwest corner of the city, the City Council authorized the award of a construction contract to Cody Ekker Construction in August to reroute a drainage ditch near 7200 West and 2100 South. Most of the rerouted ditch is within Salt Lake City (SLC) right of way requiring the execution of a Lease Agreement to Occupy Right of Way. SLC agreed to the proposed ditch alignment and provided a letter of acceptance in late August to enable a permit to be issued and work to begin while the lease agreement was MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -10- being drafted. The agreement is now ready to be executed. The majority of the construction activities are now complete, and the project should reach substantial completion by the middle of November. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Fitisemanu moved to approve Resolution 23-189. 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. NEW BUSINESS A. CONSIDER APPLICATION PUD-2-2023, FILED BY SHIVAM SHAH, REQUESTING FINAL PLAT APPROVAL FOR THE MOUNTAIN VIEW MICRO FLEX PUD, LOCATED AT 5718 WEST 3500 SOUTH John Flores, HR Director, presented application PUD-2-2023, Filed by Shivam Shah, Requesting Final Plat Approval for the Mountain View Micro Flex PUD, Located at 5718 West 3500 South Written documentation previously provided to the City Council included information as follows: Shivam Shah, is requesting final approval for the Mountain View Micro Flex PUD. The proposed application will convert interior office/warehouse spaces into 59 individual commercial condominium units. The building is presently under construction. The existing parcel is 5.3 acres in size. City staff approved a permitted use application for this project in December 2022. As part of that review, all aspects of development including site plan review, landscaping and commercial design standards were reviewed and approved. MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -11- The proposed application is to create condominium units as opposed to individual suites or office/warehouse spaces originally approved by the City. The numbers of condominium units is equal to those approved by the permitted use application. Unit sizes range from 820 square feet to 2,560 square feet. As mentioned previously, these spaces can be used for a variety of businesses commensurate with the LI zone. Commercial and Industrial condominiums are not uncommon. According to the applicant, there are a variety of benefits associated with doing a commercial condominium project. For the property owner, it is primarily the ability to sell units as opposed to leasing them. For business owners it is the ability to predict occupancy costs without having to renegotiate their lease every few years. There is also a sense of pride in ownership that can help keep the entire project viable because of the interest each owner has in wanting the overall project to succeed. For these reasons, the applicant is proposing the condominium concept. 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 PUD-2-2023 Councilmember Harmon 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. CONVENE AS BOARD OF CANVASSERS FOR THE MUNICIPAL GENERAL ELECTION HELD NOVEMBER 21, 2023 MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -12- RESOLUTION 23-190, ACCEPT AND APPROVE THE RESULTS OF THE MUNICIPAL GENERAL ELECTION HELD NOVEMBER 21, 2023 AS SHOWN ON THE CANVASS REPORT John Flores, HR Director, presented proposed Resolution 23-190 that would accept and approve the Results of the Municipal General Election Held November 21, 2023 as Shown on the Canvass Report. Written documentation previously provided to the City Council included information as follows: The Mayor and City Council are the legislative body for West Valley City and comprise the Board of Municipal Canvassers pursuant to Utah Code §20A-4-301(2). The Code requires that the Board of Municipal Canvassers shall meet to canvass the returns of the Municipal General Election no sooner than seven days and no later than 14 days after the election. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Huynh thanked the residents in his district for voting for him and thanked Mayor Lang for her endorsement as well. He indicated that he will work to represent District 1 well over the next 4 years. Councilmember Huynh moved to approve Resolution 23-190 Councilmember Fitisemanu commended everyone who ran for office and thanked voters who voted during this 2023 Election. He encouraged citizens to run for office and continue participating in elections in the future. 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. MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -13- CONSENT AGENDA A. RESOLUTION 23-191: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY DEED, A PERPETUAL EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM JODI L. HOSKINS FOR PROPERTY LOCATED AT 2689 SOUTH VESPA DRIVE Mayor Lang discussed proposed Resolution 23-191 that would authorize the City to Enter Into a Real Estate Purchase Contract and Accept a Warranty Deed, a Perpetual Easement, and a Temporary Construction Easement With and From Jodi L. Hoskins for Property Located at 2689 South Vespa Drive. Written documentation previously provided to the City Council included information as follows: The Jodi L. Hoskins parcel located at 2689 S. Vespa Drive 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, Perpetual Easement, Temporary Construction Easement and improvements is $15,840.00 was negotiated based upon the appraisal prepared by Integra Realty Resources which indicated a value of $14,400.00. 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 $1,072.37. B. RESOLUTION 23-192: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM WEST VALLEY BUILDING TWO, LLC FOR PROPERTY LOCATED AT 2607 SOUTH 3200 WEST Mayor Lang discussed proposed Resolution 23-XX 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: MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -14- The West Valley Building Two, LLC parcel located at 2607 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, Temporary Construction Easement and improvements is $3,900.00 was negotiated based upon the Administrative Compensation Estimate prepared by Meridian Engineering, Inc. which indicated a value of $2,900.00. 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 $264.03. C. RESOLUTION 23-193: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS LOCAL 222, INC. FOR PROPERTY LOCATED AT 2641 SOUTH 3270 WEST Mayor Lang discussed proposed Resolution 23-193 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 Teamsters, Chauffeurs, Warehousemen and Helpers Local 222, Inc. for Property Located at 2641 South 3270 West. Written documentation previously provided to the City Council included information as follows: The Teamsters, Chauffeurs, Warehousemen and Helpers Local 222, Inc. parcel located at 2641 South 3270 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 Temporary Construction Easement is $178,000.00 based upon the appraisal report prepared by Integra Realty Resources. MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -15- 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 $12,050.60. D. RESOLUTION 23-194: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM RUSSELL G. MURRAY FOR PROPERTY LOCATED AT 3148 WEST 3650 SOUTH Mayor Lang discussed proposed Resolution 23-194 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 Russell G. Murray for Property Located at 3148 West 3650 South Written documentation previously provided to the City Council included information as follows: The Russell G. Murray parcel located at 3148 W. Lancer Way 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 $16,900.00 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 $1,144.13. E. RESOLUTION 23-195: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM RUSSELL G. MURRAY FOR PROPERTY LOCATED AT 3150 WEST 3650 SOUTH Mayor Lang discussed proposed Resolution 23-194 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 Russell G. Murray for Property Located at 3148 West 3650 South MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -16- Written documentation previously provided to the City Council included information as follows: The Russell Murray parcel located at 3150 W. Lancer Way 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 $15,900.00 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 $1,076.43. F. RESOLUTION 23-196: 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 HUBERT FOR PROPERTY LOCATED AT 3125 WEST LANCER WAY Mayor Lang discussed proposed Resolution 23-196 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 Hubert for Property Located at 3125 West Lancer Way. Written documentation previously provided to the City Council included information as follows: The David Hubert parcel located at 3125 W. Lancer Way 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 $13,000.00 and was negotiated based upon an appraisal report estimate prepared by Integra Realty Resources which indicated a value of $12,400.00. MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -17- 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 $880.10. G. RESOLUTION 23-197: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM ALEIDA ARTEMISA RODRIGUEZ FOR PROPERTY LOCATED AT 4078 SOUTH DUBLIN CIRCLE Mayor Lang discussed proposed Resolution 23-197 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 Aleida Artemisa Rodriguez for Property Located at 4078 South Dublin Circle Written documentation previously provided to the City Council included information as follows: The Aleida Artemisa Rodrguez parcel located at 4078 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 is in the amount of $4,300.00. H. RESOLUTION 23-198: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM HENRY RENNEMANN FOR PROPERTY LOCATED AT 4050 SOUTH 2665 WEST Mayor Lang discussed proposed Resolution 23-198 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 Henry Rennemann for Property Located at 4050 South 2665 West Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -18- The Henry Rennemann parcel located at 4050 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 $9,000.00 was negotiated based upon the appraisal report prepared by the Fortis Group which indicated compensation in the amount of $8,300.00. I. RESOLUTION 23-199: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT A PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM ALFONSO AND ISABEL INGA FOR PROPERTY LOCATED AT 4080 SOUTH DUBLIN CIRCLE Mayor Lang discussed proposed Resolution 23-199 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 Alfonso and Isabel Inga for Property Located at 4080 South Dublin Circle Written documentation previously provided to the City Council included information as follows: The Alfonso Inga and Isabel Inga parcel located at 4080 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 $5,300.00 is based upon the appraisal report prepared by the Fortis Group. J. RESOLUTION 23-200: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND MINUTES OF COUNCIL REGULAR MEETING DECEMBER 5, 2023 -19- FROM PARKWAY COVE, LLC FOR PROPERTY LOCATED AT 3582 WEST PARKWAY BOULEVARD Mayor Lang discussed proposed Resolution 23-200 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 Parkway Cove, LLC for Property Located at 3582 West Parkway Boulevard Written documentation previously provided to the City Council included information as follows: The Parkway Cove, LLC parcel located at 3582 W. Parkway 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 $1,500.00 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 $101.55. 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 Harmon 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 DECEMBER 5, 2023 -20- 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, DECEMBER 5, 2023 WAS ADJOURNED AT 6:55 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, December 5, 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, December 5, 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: Councilmember Tom Huynh 4. Special Recognitions 5. Approval of Minutes: A. November 14, 2023 6. 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  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 members of the City Council.) A. Public Comments B. City Manager Comments C. City Council Comments 7. Ordinances: A. 23-44: Amend Section 1-2-107 of the West Valley City Municipal Code to Update Certain Parks and Recreation Fees 8. Resolutions: A. 23-183: Award a Contract to Acme Construction for Sunset Hills Park B. 23-184: Appoint an Interim City Manager and an Interim Assistant City Manager C. 23-185: Request the Recertification of the West Valley City Justice Court by the Utah Judicial Council and the Justice Courts Standards Committee D. 23-186: Approve the Execution of a Memorandum of Understanding Between West Valley City and the Utah Cyber Center E. 23-187: Authorize the City to Enter Into a Mutual Aid Agreement for Emergency Fire and Medical Services F. 23-188: Approve a Betterment Agreement Between the City and the Utah Department of Transportation for Improvements to Bangerter Highway G. 23-189: Authorize the Execution of a Lease Agreement with Salt Lake City for Storm Water Improvements 9. New Business: A. Consider Application PUD-2-2023, Filed by Shivam Shah, Requesting Final Plat Approval for the Mountain View Micro Flex PUD, Located at 5718 West 3500 South B. Convene as Board of Canvassers for the Municipal General Election Held November 21, 2023 Consider Resolution 23-190, Accept and Approve the Results of the Municipal General Election Held November 21, 2023 as Shown on the Canvass Report 10. Consent Agenda: A. Reso 23-191: Authorize the City to Enter Into a Real Estate Purchase Contract and Accept a Warranty Deed, a Perpetual Easement, and a Temporary Construction Easement With and From Jodi L. Hoskins for Property Located at 2689 South Vespa Drive B. Reso 23-192: Authorize the City to Enter Into a Real Estate Purchase Contract and Accept a Warranty Deed and a Temporary Construction Easement With and From West Valley Building Two, LLC for Property Located at 2607 South 3200 West C. Reso 23-193: Authorize the City to Enter Into a Real Estate Purchase Contract and Accept a Warranty Deed and a Temporary Construction Easement With and From Teamsters, Chauffeurs, Warehousemen and Helpers Local 222, Inc. for Property Located at 2641 South 3270 West D. Reso 23-194: Authorize the City to Enter Into a Real Estate Purchase Contract and Accept a Warranty Deed and a Temporary Construction Easement With and From Russell G. Murray for Property Located at 3148 West 3650 South E. Reso 23-195: Authorize the City to Enter Into a Real Estate Purchase Contract and Accept a Warranty Deed and a Temporary Construction Easement With and From Russell G. Murray for Property Located at 3150 West 3650 South F. Reso 23-196: 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 Hubert for Property Located at 3125 West Lancer Way G. Reso 23-197: Authorize the City to Enter Into an Easement Purchase Agreement and Accept a Perpetual Easement and a Temporary Construction Easement With and From Aleida Artemisa Rodriguez for Property Located at 4078 South Dublin Circle H. Reso 23-198: Authorize the City to Enter Into an Easement Purchase Agreement and Accept a Perpetual Easement and a Temporary Construction Easement With and From Henry Rennemann for Property Located at 4050 South 2665 West I. Reso 23-199: Authorize the City to Enter Into an Easement Purchase Agreement and Accept a Perpetual Easement and a Temporary Construction Easement With and From Alfonso and Isabel Inga for Property Located at 4080 South Dublin Circle J. Reso 23-200: Authorize the City to Enter Into a Real Estate Purchase Contract and Accept a Warranty Deed and a Temporary Construction Easement With and From Parkway Cove, LLC for Property Located at 3582 West Parkway Boulevard 11. Motion for Closed Session (if necessary) 12. Adjourn

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