City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, JUNE 4, 2024 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 (arrived as noted) (electronically) Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT: Ifo Pili, City Manager Nichole Camac, City Recorder John Flores, Assistant City Manager Eric Bunderson, City Attorney Kent Stokes, Acting Police Chief John Evans, Fire Chief Jim Welch, Finance Director Steve Pastorik, CED Director Layne Morris, CPD Director Dan Johnson, Public Works Director Jamie Young, Parks and Recreation Director Jonathan Springmeyer, RDA Director Sam Johnson, Strategic Communications Director Ken Cushing, IT (electronically) Travis Crosby, IT OPENING CEREMONY- COUNCILMEMBER SCOTT HARMON Councilmember Harmon provided a brief summary on civics and asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD MAY 28, 2024  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -2- The Council considered the Minutes of the Regular Meeting held May 28, 2024. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held May 28, 2024. Councilmember Whetstone seconded the motion. A voice vote was taken and all members voted in favor of the motion. PUBLIC COMMENT PERIOD A. PUBLIC COMMENTS Kate Rufener, a resident of West Valley City and team lead for the Keep West Valley Performing group, expressed gratitude for the council's time and their cooperation over the past few weeks to find beneficial solutions for the residents. She was confused and concerned by a previous comment suggesting the city decided to exit the theater business, as West Valley Arts is a city program deserving of consideration for its significant contributions, such as theater education, cultural enrichment, and community development. Rufener pointed out that labeling the program as a business was startling and raised concerns about how it is evaluated alongside other subsidized city programs. She questioned if other city programs like sidewalks, historical sites, senior centers, libraries, soccer fields, and swimming pools are judged by their return on investment or revenue generation, highlighting the absurdity of such a perspective. She argued that demanding West Valley Arts to run like a business suggests any city program could be closed or abandoned based on the governing body's current preferences. Rufener acknowledged concerns about the program's funding and management but attributed them to the erroneous business-like evaluation of the program. She warned that removing the program from the city's budget could set a precedent for other valuable programs to be cut or privatized. Rufener urged the city leaders to reconsider their approach and prioritize the West Valley Arts program as essential to the community's well-being and deserving of budgetary support. She concluded by asking what resident would want to live in a city where beloved programs are continually at risk of being cut. She thanked the council for their time and consideration. Brandon Rufener, a long-term resident of West Valley City, stated that he lived there for 41 of his 42 years. He left in 2008 to pursue a law degree at an out-of- state college but returned to complete his studies at the University of Utah. Rufener chose to return to West Valley to raise his family due to its diverse community and wide range of programs, including recreation centers, a cultural celebration center, the Maverick Center, and a top-tier theater. Rufener addressed MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -3- a narrative that in 2017, when the Hale Centre Theatre left, it took its business with it. He viewed this differently, seeing it as the theater leaving a gift to West Valley. He emphasized that only West Valley City has a theater bearing its name, mentioned alongside prominent theaters like the Eccles Theatre and the Hale Centre Theatre, and noted that West Valley's performing arts center won a "Best of State" award in 2024. This unique and valuable asset is something other cities lack. He referenced Councilman Harmon's point about living in a republic and reminded the City Council of their duty to represent the citizens. While acknowledging past council members' focus on balancing the budget and stopping financial issues, Rufener urged the current Council to remember their duty to use funds for the betterment of residents' lives. He questioned whether the city would truly be better without a top-performing arts program and believed that it would not be. Rufener concluded by urging the Council to allocate funds for the West Valley Performing Arts program through 2025 and beyond. By doing so, they would reaffirm their commitment to diverse programming and ensure residents continue to benefit from this unique and valuable gift. He thanked the Council for their time. Armando Serrano, who has worked at various performing arts venues, including the West Valley Performing Arts, shared his experiences. Born in Mexico, he immigrated to the U.S. at the age of two, and like many residents of West Valley, English is not his first language. Serrano emphasized that West Valley is home to the most diverse population in Utah, with many residents, like himself, calling another country home. He highlighted statistics from the Utah New American Task Force, noting that nearly 300,000 immigrants live in Utah, contributing significantly to state and federal taxes. West Valley has the largest immigrant population in the state, with 22% of its residents born outside the U.S. and over 40% being Hispanic or Latino. Serrano praised the West Valley Performing Arts for its dedication to diversity, equity, and inclusion. He shared examples such as inviting a local school for the deaf for workshops and ensuring ASL translations for every show. For the production of "In the Heights," they translated posters into Spanish, conducted bilingual outreach, collaborated with local Latino influencers, and hosted cultural events. This inclusivity made a profound impact on the community, with many expressing that it was their first theater experience and they felt represented on stage. He recounted how a performer from Japan was able to extend her visa and contribute to the economy thanks to work from West Valley Performing Arts. Serrano himself, a DACA recipient, stressed the importance of his work there, which supports his case to remain in the U.S. every two years. He underscored that keeping West Valley Performing Arts open means continuing to celebrate the rich histories and backgrounds of all community members. Serrano concluded by thanking the council for considering the continuation of the West MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -4- Valley Performing Arts Center, noting its role in celebrating the diverse cultures of West Valley residents, from quinceañeras to monster truck rallies. Jeff Stinson expressed his love for live theater and shared his positive experiences at the West Valley Performing Arts Center. He mentioned running a Facebook group called the Salt Lake Society for Seeing Things and Eating Things, which combines dining at local restaurants with attending theater performances. The group was excited about attending "The Lightning Thief" next weekend and dining in West Valley. Stinson also spoke as a member of the local business community, serving as the CTO for Holiday Oil, a company with its corporate office in West Valley and celebrating its 60th anniversary. He noted that the company's founder, Jerry Wagstaff, was one of the original three commissioners who established the West Valley City Government. Holiday Oil has seven locations in West Valley, and Stinson highlighted that their best sales days coincide with community events, such as those hosted by the West Valley Performing Arts Center. Stinson shared his experience working with Jerry Wagstaff, who was deeply committed to the community and providing opportunities for its residents. He emphasized Holiday Oil's support for keeping the theater open and mentioned the company's willingness to partner with a new entity to fundraise and raise awareness if the theater's management transitions to a new organization. Stinson concluded by thanking the council for considering opportunities to keep the theater operational. Wendy discussed the important relationship between curb appeal and perceived value, relating these concepts to the West Valley Theater Arts. She cited Lawn Love, a website that connects homeowners with landscaping professionals, emphasizing that curb appeal can significantly impact property value and potential buyers' perceptions. Wendy referred to a Lawn Love blog ranking the 200 most artsy cities in America, with West Valley City, Utah, ranked at 200. She highlighted that while it's notable for West Valley City to make the list, there's room for improvement to reach the top 10. She mentioned that Sandy City's Hale Centre Theatre generated $13 million in its first season in 2018, despite Sandy not being ranked among the 200 cities, unlike West Valley. To illustrate her point, Wendy compared West Valley City to San Francisco, which ranks number one on the list. She explained that San Francisco’s investment in nonprofit arts generates significant economic benefits, including $1.7 billion in economic output and supporting nearly 37,000 full-time jobs annually. The city's spending of $95.7 million on the arts in the 2019 fiscal year resulted in a substantial return on investment. Wendy concluded by encouraging the council to aim high in their MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -5- budgeting discussions for the theater, inspired by the sentiment to "shoot for the moon." She thanked the council for their consideration. Cameron Roberts, who owns a fitness studio, addressed the council about issues in his neighborhood. He explained that after moving to West Valley City, he noticed an increase in cars parking on the streets. As time passed, the situation worsened with driveways becoming full and boarding rooms being rented out in neighboring houses. Despite efforts to address the issue, including discussions about implementing no-parking signs and enforcing zoning regulations, Cameron expressed growing desperation as a resident hoping for a resolution to maintain the neighborhood's quality of life. Walt Sorenson, a lifelong resident of the city, spoke against the proposed rezoning of the Redwood Drive-In, advocating for preserving open spaces and businesses diversity in the city. He also expressed support for the West Valley Performing Arts Center, urging the city to consider long-term solutions beyond the proposed 2025 deadline. Walt suggested various funding options for the theater, including sponsorship opportunities, donations, and community events. He emphasized the importance of unity and creativity in supporting the theater, encouraging the city to rise to the occasion and preserve this cultural asset. Albirizak Ibrahim spoke about his involvement with a nonprofit organization and his efforts to provide bus passes for kids under 18 to access recreational centers. He mentioned encountering resistance from recreational centers, questioning their refusal to participate. Albirizak emphasized the importance of providing opportunities for youth, especially those in West Valley, to engage in positive activities and avoid engaging in negative behavior. He advocated for providing free bus passes for kids to access recreational centers in the area. Lauren Slagowski, a former resident of West Valley and a lifelong performer, expressed gratitude for the council's efforts to maintain the West Valley performing arts scene. She acknowledged her involvement in the "Keep West Valley Performing" group and highlighted her research into other cities' budgets, noting the substantial support for the arts, such as dedicated sales tax allocations and grant programs in cities like Orem. Lauren emphasized the pride these cities take in their arts programs and urged the council to continue investing in the arts to make West Valley a source of pride for residents, past and present. Julie O'Keef, a resident of West Valley City, reflected on the changes in her neighborhood over the past 30 years, noting a loss of community spirit as people moved away. She highlighted efforts, including events like "my hometown day," aimed at revitalizing community bonds. Julie emphasized the importance of the  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -6- West Valley Center in fostering community connection and suggested hosting events to promote awareness and unity among residents. She expressed a shift in perspective, now considering West Valley her hometown, and advocated for initiatives that strengthen community ties within the city. Mary Flinton, a longtime resident of West Valley, spoke passionately about the city's heritage and the importance of the arts. She emphasized that when pioneers settled in the valley, they prioritized cultural pursuits like theater and choir. Mary expressed gratitude to the council for listening to the community's concerns and urged them to support the theater, stressing the desire of the people to preserve this cultural institution. She appealed for collaboration between the community and the council to ensure the continuation of the theater for future generations. Eric McGinnis shared his personal story and advocacy for the theater. As a former foster child, child of addiction, and suicide survivor, Eric emphasized the transformative impact of theater in his life and the lives of teenagers he teaches. He recounted his experience of witnessing outstanding performances at West Valley Arts Center, describing it as one of the coolest theaters he has worked in. Eric passionately urged the council to do everything possible to preserve the theater, emphasizing its significance in changing and saving lives. NEW BUSINESS A. RESOLUTION 24-96: SUPPORT THE WEST VALLEY PERFORMING ARTS CENTER Mayor Lang discussed proposed Resolution 24-96 that would support the West Valley Performing Arts Center. Written documentation previously provided to the City Council included information as follows: For several years, the City has owned and operated the West Valley Performing Arts Center. The WVPAC has made a substantial contribution to the arts community in the City. However, the WVPAC requires significant repairs and is incurring large operational losses that make its continued operation infeasible for the City. This resolution expresses support for the valuable contributions made by the WVPAC and provides that the City will explore the possibility of transitioning West Valley Arts to a community-based organization. The resolution also provides for an initial subsidy for WVPAC in a yet to be determined amount. 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 JUNE 4, 2024 -7- Councilmember Nordfelt noted that this resolution would not prevent the Council from subsidizing the arts past 2025. He indicated that this is a commitment to work with the organization and to help support. Councilmember Fitisemanu agreed and added that it doesn’t restrict a time limitation or specify an amount. Councilmember Nordfelt moved to approve Resolution 24-96 Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Absent Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. The Council took a break beginning at 7:10 PM. The meeting resumed at 7:17 PM. Councilmember Huynh arrived at 7:17 PM. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-1-2024, FILED BY PAUL AND KAREEN SWENSON, REQUESTING A GENERAL PLAN CHANGE FROM LARGE LOT RESIDENTIAL TO LIGHT MANUFACTURING AND A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO M (MANUFACTURING) FOR PROPERTY LOCATED AT 4053 SOUTH 7200 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled June 4, 2024, in order for the City Council to hear and consider public comments regarding Application GPZ-1-2024, Filed By Paul and Kareen Swenson, Requesting a General Plan Change from Large Lot Residential to Light Manufacturing and a Zone Change from A (Agriculture, Minimum Lot Size ½ acre) to M (Manufacturing) for Property Located at 4053 South 7200 West. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -8- If this application is approved, the applicants intend to develop a self- storage facility on the subject property. Included with this report is a letter from the applicants that describe how they arrived at the proposed use. In summary, the applicants indicated that self-storage was the preferred use because residential isn’t viable primarily due to Overpressure Zone A, commercial uses like retail, office, or a restaurant are unlikely in that there are no other similar businesses nearby, and most industrial uses would be problematic given the adjoining residential. In the applicants’ letter they also mention that they will not pursue other uses allowed in the M zone. The M zone requires a 20’ building setback from a residential zone, agricultural zone, or residential use. The applicant is requesting that, through a development agreement, this 20’ setback be reduced to 0’ to eliminate a 20’ space that is not visible to the public and could create a security concern for the neighboring residents. There are several self- storage facilities in the City that adjoin residential where the City’s Board of Adjustment has approved variances to waive the setback requirement due to security concerns or the self-storage facility was constructed before the residential. A development agreement can be used to accomplish the same outcome. The City has also submitted a General Plan/zone change application on the City-owned parcel to the south for a General Plan designation of Light Manufacturing and M zoning. If the City’s application is approved, the 20’ setback would not apply along the south property line. Mayor Lang opened the Public Hearing. Paul Swenson, representing Swenson Development, expressed the company's perspective on the proposed project. Due to challenges with residential development, they explored other options and concluded that a storage facility would be the most suitable choice. Paul outlined several reasons supporting this decision, including the minimal impact on the neighborhood, the convenience and functionality it offers, and the potential tax revenue it could generate for the city. He emphasized the facility's quiet use, its contribution to meeting the demand for storage in the area, and its adherence to city codes and regulations. Paul concluded by thanking the council for their time and consideration. Ruth Helvey, a resident living immediately east of the property in question, expressed concerns about the proposed development. She highlighted the impact it would have on her and her neighbors, particularly regarding noise and property  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -9- values. Ruth emphasized the need for green space and expressed worry about the lack of absorption between her home and nearby roads, leading to increased noise pollution. She also voiced opposition to the proposed multi-story structure, arguing that it is not suitable for the predominantly residential area. Despite acknowledging the city's need to address the property, Ruth urged the council to prioritize the concerns of the affected residents and reconsider the proposed development plan. Jason Green, a general contractor, spoke in support of the proposed storage facility development. He addressed concerns about potential issues such as homelessness and garbage accumulation by stating that the project would remove a 10-foot easement to prevent such problems. Jason emphasized that the building would only be two stories high and would not be built close to neighboring properties but rather closer to city property or the street. He assured the council that they were willing to accommodate requests regarding fence height to address any concerns from residents. Mayor Lang closed the Public Hearing. Mayor Lang requested that Steve Pastorik, CD Director, come to podium to answer a question regarding grade of the property. Steve Pastorik discussed the details of Exhibit B in the development agreement, focusing on the placement and height of buildings on the property. According to Exhibit B, buildings along the north and east sides of the property are permitted to be placed at the property line, with a height restriction of 10 feet. The height of these buildings is measured from the bottom of the existing fence along the north and east property lines, using the existing fence as a reference point. This approach is adopted due to the fill that has been brought onto the site, with the intention to remove it and restore the site to its original grade. Steve emphasized that the buildings would start at the level where the original grade of the property or where the existing fence started. Placing the buildings at the property line is noted as an exception to the typical setback requirement of 20 feet in a manufacturing zone. This deviation from the standard setback regulation is justified by security concerns, aiming to eliminate the space between a required wall and the buildings along the east and north sides of the property. ACTION: ORDINANCE NO. 24-20, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM LARGE LOT RESIDENTIAL TO LIGHT MANUFACTURING FOR PROPERTY LOCATED AT 4053 SOUTH 7200 WEST The City Council previously held a public hearing regarding proposed Ordinance 24-20 that would amend the General Plan to Show a Change of Land Use from Large MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -10- Lot Residential to Light Manufacturing for Property Located at 4053 South 7200 West 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 deny Ordinance 24-20. 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 No Councilman Nordfelt No Mayor Lang No Majority. Denied. ACTION: ORDINANCE NO. 24-21, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4053 SOUTH 7200 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO M (MANUFACTURING) Mayor Lang discussed proposed Ordinance 24-21 that would amend the Zoning Map to Show a Change of Zone for Property Located at 4053 South 7200 West from A (Agriculture, Minimum Lot Size ½ 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 Fitisemanu moved to approve Ordinance 24-21. Councilmember Whetstone 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 JUNE 4, 2024 -11- Councilman Christensen No Councilman Nordfelt No Mayor Lang Yes Majority. Denied. ACTION: RESOLUTION NO. 24-81, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PAUL SWENSON FOR APPROXIMATELY 2.96 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 4053 SOUTH 7200 WEST Mayor Lang discussed proposed Resolution 24-11 that would authorize the City to Enter into a Development Agreement with Paul Swenson for Approximately 2.96 Acres of Property Located at Approximately 4053 South 7200 West. Written documentation previously provided to the City Council included information as follows: Paul and Kareen Swenson have submitted a General Plan/zone change application (GPZ-1-2024) on 2.96 acres to change the General Plan from Large Lot Residential to Light Manufacturing and a zone change from A (Agriculture, minimum lot size ½ acre) to M (Manufacturing). The proposed use for the property is a self-storage facility. The proposed development agreement: 1. limits the use of the property to a self-storage facility, 2. allows buildings to be built at the property line along the north and east sides of the property, 3. requires 7 feet of right-of-way dedication along 7200 West, 4. requires a cash payment to the City in lieu of off-site improvements due to the upcoming road project planned along 7200 West, 5. delays the installation of live-plant material and irrigation to avoid the City replacing these items with the 7200 West project, and 6. requires a temporary construction easement to the City to facilitate the 7200 West project. 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 deny Resolution 24-81. Councilmember Fitisemanu seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -12- A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen No Councilman Nordfelt No Mayor Lang Yes Majority. Denied. B. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-2-2024, FILED BY WEST VALLEY CITY, REQUESTING A GENERAL PLAN CHANGE FROM LARGE LOT RESIDENTIAL TO LIGHT MANUFACTURING AND A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO M (MANUFACTURING) FOR PROPERTY LOCATED AT 4063 SOUTH 7200 WEST Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled May 28, 2024, in order for the City Council to hear and consider public comments regarding Application GPZ-2-2024, Filed By West Valley City, Requesting a General Plan Change from Large Lot Residential to Light Manufacturing and a Zone Change from A (Agriculture, Minimum Lot Size ½ acre) to M (Manufacturing) for Property Located at 4063 South 7200 West Written documentation previously provided to the City Council included information as follows: The property is owned by West Valley City, used by Public Works to store garbage cans, and used by Animal Control to house larger animals. Approximately the west 50% of the property falls within Overpressure Zone A with the remainder of the property being within Overpressure Zone B. Overpressure Zone A is the innermost circle (closest to Northrop Grumman) and prohibits residential use. Staff is proposing these changes for several reasons. First, the outside storage of garbage cans is not an allowed use in the A zone. Second, the housing of animals is still allowed in the M zone. Third, the overpressure zone does not allow residential, which is allowed in the A zone, on roughly 50% of this property. Fourth, a General Plan/zone change application was also submitted on the property directly north for a General Plan designation MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -13- of Light Manufacturing and M zoning. If the application on the adjoining property is approved, the applicant intends to develop storage units on the property. If the zoning on the subject property remains A, the storage units will be required to meet a 20’ setback from the A zone and a 20’ height limitation at the minimum setback. These requirements would not apply if the subject property is zoned M. 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. 24-22, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM LARGE LOT RESIDENTIAL TO LIGHT MANUFACTURING FOR PROPERTY LOCATED AT 4063 SOUTH 7200 WEST The City Council previously held a public hearing regarding proposed Ordinance 24-22 that would amend the General Plan to Show a Change of Land Use from Large Lot Residential to Light Manufacturing for Property Located at 4063 South 7200 West Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Whetstone moved to approve Ordinance 24-22. 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. ACTION: ORDINANCE NO. 24-23, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4063 SOUTH 7200 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE) TO M (MANUFACTURING) The City Council previously held a public hearing regarding proposed Ordinance 24-23 that would amend the Zoning Map to Show a Change of Zone for Property  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -14- Located at 4063 South 7200 West from A (Agriculture, Minimum Lot Size ½ 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 approve Ordinance 24-23. 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. C. ACCEPT PUBLIC INPUT REGARDING RE-OPENING THE FY 2023-2024 BUDGET Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled June 4, 2024, in order for the City Council to hear and consider public comments regarding Re-Opening the FY 2023-2024 Budget Written documentation previously provided to the City Council included information as follows: State Statute Title 10, Chapter 6, Utah Code Annotated 1953, as amended, allows the City of West Valley to amend its budget during the year. The West Valley City holds public hearings on budget amendments on a quarterly basis each fiscal year. A Public Notice was posted May 23, 2024, in public view at City Hall, the Family Fitness Center and UCCC; also, posted on the Public Notice Website and West Valley City’s Website. Notice was given that a public hearing is to be held June 4, 2024, at 6:30 p.m., West Valley City Hall, 3600 Constitution Blvd., West Valley City, Utah Mayor Lang opened the Public Hearing. There being no one to speak in favor or  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -15- opposition, Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 24-24, AMEND THE BUDGET OF WEST VALLEY CITY FOR THE FISCAL YEAR BEGINNING JULY 1, 2023 AND ENDING JUNE 30, 2024 TO REFLECT CHANGES IN THE BUDGET FROM INCREASED REVENUES AND AUTHORIZE THE DISBURSEMENT OF FUNDS The City Council previously held a public hearing regarding proposed Ordinance 24-24 that would amend the Budget of West Valley City for the Fiscal Year Beginning July 1, 2023 and Ending June 30, 2024 to Reflect Changes in the Budget from Increased Revenues and Authorize the Disbursement of Funds. Jim Vesock thanked the finance staff for the transparent and easy to read supporting documents and information. Walt Sorensen thanked the City for transparency. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Whetstone moved to approve Ordinance 24-24. 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. ORDINANCE 24-25: AMEND SECTION 2-1-107 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN REQUIREMENTS CONCERNING COUNCIL MEETINGS Mayor Lang presented proposed Ordinance 24-25 that would amend Section 2-1-107 of the West Valley City Municipal Code to Amend Certain Requirements Concerning Council Meetings  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -16- Written documentation previously provided to the City Council included information as follows: Section 2-1-107 of the West Valley City Municipal Code establishes requirements for members of the public to address City Council meetings. This ordinance would amend Section 2-1-107 to add an instruction to limit remarks to City business. 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 24-25. 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. RESOLUTION 24-91: AUTHORIZE THE CITY TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY TO USE THE ULEISA SYSTEM Mayor Lang presented proposed Resolution 24-91 that would authorize the City to Enter into a Memorandum of Agreement with the Department of Public Safety to Use the Uleisa System. Written documentation previously provided to the City Council included information as follows: The Department of Public Safety manages the ULEISA program to coordinate information sharing across law enforcement agencies. This agreement establishes terms and conditions for program participation. Member agencies are required to ensure that access to ULEISA resources complies with all federal and state laws  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -17- and that their records management systems are able to interface with the DPS system. 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 24-91. Councilmember Whetstone 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 24-92: AWARD A CONTRACT TO M.C. GREEN AND SONS FOR THE BRIGHTON CANAL PROJECT Mayor Lang presented proposed Resolution 24-92 that would award a Contract to M.C. Green and Sons for the Brighton Canal Project. Written documentation previously provided to the City Council included information as follows: Bids were opened for the project on May 14, 2024. A total of four (4) bids were received. The lowest responsible bidder was M.C. Green & Sons, Inc. in the amount of $2,064,887.00. This project will include construction of storm drain piping through portions of the former Brighton Canal and eliminate any open storm water ditches through the project area from Redwood Road to 2600 West. The project will also remove an old bridge over the former Brighton Canal at Decker Lake Blvd. Decker Lake Business Park was developed prior to the incorporation of West Valley City. Storm water was historically allowed to drain into two ditches on either side of the Brighton Canal. This existing system does not function very well  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -18- and has caused ongoing maintenance and flooding problems. The Brighton Canal no longer operates in this area and has largely been abandoned, which now provides the opportunity to consolidate and pipe the storm water into one system. 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 24-92. 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. CONSENT AGENDA A. RESOLUTION 24-93: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM BUBO, LLC FOR PROPERTY LOCATED AT 3185 WEST LANCER WAY Mayor Lang discussed proposed Resolution 24-93 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 Bubo, LLC for Property Located at 3185 West Lancer Way. Written documentation previously provided to the City Council included information as follows: The Bubo, LLC parcel located at 3185 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,  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -19- Temporary Construction Easement and improvements is $26,000.00 and based upon the appraisal report 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 $1,760.20. B. RESOLUTION 24-94: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY DEED, A PUBLIC UTILITY EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM KEZO 27, LLC FOR PROPERTY LOCATED AT 3167 WEST LANCER WAY Mayor Lang discussed proposed Resolution 24-94 that would authorize the City to Enter into a Real Estate Purchase Contract and Accept a Warranty Deed, a Public Utility Easement, and a Temporary Construction Easement With and From Kezo 27, LLC for Property Located at 3167 West Lancer Way. Written documentation previously provided to the City Council included information as follows: The Kezo 27, LLC parcel located at 3167 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, Public Utility Easement, Temporary Construction Easement and improvements is $21,900.00 and based upon the appraisal report 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 $1,482.63. C. RESOLUTION 24-95: AUTHORIZE THE CITY TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT AND ACCEPT A WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT WITH AND FROM DONAJI PROPERTIES, LLC FOR PROPERTY LOCATED AT 3153 WEST LANCER WAY Mayor Lang discussed proposed Resolution 24-95 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 Donaji Properties, LLC for  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -20- Property Located at 3153 West Lancer Way. Written documentation previously provided to the City Council included information as follows: The Donaji Properties, LLC parcel located at 3153 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 $12,400.00 and negotiated based upon the appraisal report 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 $839.48. 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 the items on the Consent Agenda. 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. MOTION TO ADJOURN Upon motion by Councilmember Christensen all voted in favor to adjourn.  MINUTES OF COUNCIL REGULAR MEETING JUNE 4, 2024 -21- THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, JUNE 4, 2024 WAS ADJOURNED AT 7:43 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, June 4, 2024. _______________________________ Nichole Camac, CMC City Recorder