City Council Meeting

Mayor City Administrator Kenneth Romney WEST BOUNTIFUL CITY Duane Huffman City Recorder City Council 550 North 800 West Remington Whiting James Ahlstrom West Bountiful, Utah 84087 City Engineer Dell Butterfield Phone (801) 292-4486 Kris Nilsen Kelly Enquist Jenn Nielsen FAX (801) 292-6355 Public Works Director Mark Preece www.WBCity.org Steve Maughan THE WEST BOUNTIFUL CITY COUNCIL WILL HOLD A REGULAR MEETING AT 7:30 PM ON TUESDAY, MAY 7, 2024, AT THE CITY OFFICES Invocation/Thought – Jenn Nielsen; Pledge of Allegiance – Dell Butterfield 1. Approve Agenda. 2. Public Comment - Two minutes per person; five minutes if on behalf of a group. 3. Public Hearing – Loveland Holdings LLC Proposed Annexation of 5.139 acres at approx. 1275 W 1600 N. 4. Ordinance #484-24, An Ordinance Amending the Municipal Zoning Map, Annexing Certain Real Property and Extending the Corporate Limits of West Bountiful City, Utah (for approximately 5.139 acres at 1275 W 1600 N). 5. Ordinance #485-24, An Ordinance Amending the West Bountiful Municipal Code 16.12.060 Regarding Flag Lots. 6. Presentation of Fiscal Year 2024/2025 Tentative Budget. 7. Ordinance #486-24, An Ordinance Enacting Title 8.14 of the West Bountiful Municipal Code Related to Sleeping and Camping on Public Property. 8. Consider Purchase Approval of Golf Course Cart Path Improvements for $21,142.50. 9. Meeting Minutes from April 16, 2024. 10. Staff Reports–Police, Public Works, Engineering, Community Development, Admin. 11. Mayor/Council Reports. 12. Closed Session, if necessary, for the Purpose of Discussing Items Allowed Pursuant to UCA § 52-4-205. 13. Adjourn. The above agenda was posted on the State Public Notice website (Utah.gov/pmn), the city website (WBCity.org), posted at city hall, and emailed to the Mayor and City Council on May 3, 2024, by Remington Whiting, City Recorder.  MEMORANDUM TO: Planning Commission DATE: May 7, 2024 FROM: Addison Jenkins RE: Public Hearing, Zoning Assignment, and Annexation Loveland Holdings LLC – 1275 W 1600 North _______________________________________________________________________________ Loveland Holdings LLC has petitioned the city to annex a 5.139-acre parcel of land at 1275 W 1600 N where Suzy and Dan Loveland have conducted various landscape operations since 1990. At this meeting, the city council will hold a public hearing, and potentially vote to approve or deny the annexation petition. If the annexation is approved, then a zoning designation will also be assigned. REGULATORY REQUIREMENTS & BACKGROUND A Notice of Intent to Annex was initially submitted by the Lovelands on October 5, 2022, and certified by Davis County on October 19, 2022. After some delays related to potentially expanding the annexation area in conjunction with Davis County, the next step of submitting an Annexation Petition was completed on January 16, 2024. The Annexation Petition was accepted by the city council on March 8, 2024. On March 20th, the petition was certified by the city recorder. Notice of the Certified Petition was mailed to all affected entities on March 26, 2024, and noticed in accordance with Utah Code section 10-2-406, setting a protest deadline of April 19, 2024. No protests have been received. On April 23rd, the planning commission held a public hearing and discussed various zoning options for this parcel. Ultimately, the commission voted unanimously to recommend a zoning assignment of Agricultural District (A-1) with the continuation of the current operations as legal non- conforming uses. After the public hearing at the city council meeting on May 7th, the statutory considerations will have been satisfied for the city council to consider an ordinance pertaining to the annexation request. ANNEXATION CONSIDERATIONS In reviewing this annexation petition, staff notes the following: - The land is within the city’s long-standing annexation plan; - The land is contiguous to existing city boundaries, and its annexation would not create any islands of unincorporated land; 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  - The land has adequate frontage on an existing public road; - The property owners want to have the land annexed into the city; - Staff can see no negative effects of annexing the land into the city. ZONING CONSIDERATIONS The land under consideration is included in the city’s General Plan and annexation plan. It is planned in those documents to be zoned as agricultural. It is currently adjacent to properties on the north, south, and east in the A-1 zone. While much of the current use of this property is shares aspects of agricultural uses, the growing of landscape products for wholesale, landscape contracting, seasonal retail, and seasonal property care aspects of Loveland Holdings would fall under uses not permitted or conditional in the A-1 zone. The greenhouse and nursery operations for wholesaling would typically be classified as “Landscape Supply” which is a permitted use in the A-S zone. The retail operations would typically be classified as “General Merchandise Sales” which is permitted in the C-N and C-G zones. The landscape contracting, lawn care and snow removal operations would typically be classified as “Lawn and Yard Care” and “Contractor Offices” which are permitted in the C-H zone. At their April 23rd meeting, the planning commission recommended that the land be annexed under the A-1 designation, with the current uses being considered legally non-conforming. With the legal non-conforming designation, these operations can be continued but not expanded. However, the commission also acknowledged the intent to grant the expansion of the non-conforming uses for construction of two additional structures shown in their submitted site plan. While the commission suggested an agreement between the cities and the owners on the non-conforming uses, staff and legal counsel believe that documentation within the enacting annexation ordinance is sufficient. Staff concurs that zoning the property as A-1 with continuation of the legal non-conforming uses is the best and simplest option as it does not pose potential unintended city-wide impacts from amending existing zones and avoids the difficulty of creating an entirely new zone or overlay solely for one property. Staff is not aware of any negative community impacts from the current long- standing operations. RECCOMENDATION Staff recommends the city council vote to adopt Ordinance 484-24 approving the annexation and accepting the planning commission’s recommendation of the A-1 zoning assignment. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  WEST BOUNTIFUL CITY ORDINANCE #484-24 AN ORDINANCE AMENDING THE MUNICIPAL ZONING MAP, ANNEXING CERTAIN REAL PROPERTY, AND EXTENDING THE CORPORATE LIMITS OF WEST BOUNTIFUL CITY, UTAH WHEREAS, an Annexation Petition was received on January 16, 2024, for property known as Davis County Parcel No. 06-027-0140, located at approximately 1275 West 1600 North, West Bountiful (collectively, the “Real Property”); and WHEREAS, the Real Property consists of approximately 5.139 acres and is contiguous to the corporate boundaries of West Bountiful City; and WHEREAS, the Real Property is within the City’s Annexation Policy Plan; and WHEREAS, the City Council accepted the Annexation Petition on March 8, 2024; and WHEREAS, the City Council received notice of Certification of the Petition from the City Recorder on March 20, 2024; and WHEREAS, neither Davis County nor the City has received any written protest to the annexation; and WHEREAS¸ the West Bountiful City Planning Commission held a public hearing on April 23, 2024, and made a recommendation that the Real Property be assigned to the Agricultural District (“A-1”) for zoning purposes; and WHEREAS, on May 7, 2024, the City Council held a public hearing after proper notice; and WHEREAS, the council has determined that it is in the best interest of the health, safety, and welfare of the City and its residents to annex the Real Property. NOW, THEREFORE BE IT ORDAINED BY THE WEST BOUNTIFUL CITY COUNCIL THAT PURSUANT TO UTAH CODE ANNOTATED TITLE 10, CHAPTER 2: 1. The Real Property, which is more particularly described in Paragraph 2, below, is hereby annexed to West Bountiful, Utah, and the corporate limits of West Bountiful, Utah, are hereby extended accordingly. 2. The Real Property is described as follows: 1  ANNEX PARCEL DESCRIPTION BEGINNING AT A POINT ON A WEST LINE OF THE CORPORATE LIMITS OF WEST BOUNTIFUL CITY, SAID POINT IS SOUTH 89°47'11" WEST 775.06 FEET ALONG THE QUARTER SECTION LINE AND SOUTH 00°32'10" EAST 364.73 FEET FROM THE CENTER QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 1 WEST, SALT LAKE BASE AND MERIDIAN (DAVIS COUNTY SURVEYOR'S GROUND BEARING BASE), DAVIS COUNTY, UTAH, SAID POINT IS ALSO SOUTH 00°32'10" EAST 22.73 FEET FROM A CORNER OF SAID CORPORATE LIMITS AS DEPICTED ON A LOCAL ENTITY PLAT RECORDED AS ENTRY #1511540 IN THE OFFICE OF THE DAVIS COUNTY RECORDER (D.C.R.), AND RUNNING THENCE SOUTH 00°32'10" EAST 714.25 FEET ALONG SAID WEST LINE TO THE NORTH LINE OF 1400 NORTH STREET; THENCE NORTH 89°51'07" WEST 314.47 FEET ALONG SAID NORTH LINE; THENCE NORTH 00°24'07" WEST 713.24 FEET; THENCE NORTH 89°57'59" EAST 312.79 FEET TO THE POINT OF BEGINNING. CONTAINS 5.139 ACRES. 3. The zoning map of West Bountiful City shall be amended to include the Real Property described in paragraph 2, above. 4. The Real Property shall be classified as being in the Agricultural District (“A-1”) in accordance with the provisions of Title 17 of the West Bountiful Municipal Code. 5. All uses existing within the annexation area that are considered to be legally conforming to Davis County’s current zoning and regulations but do not conform to West Bountiful City’s A-1 restrictions and regulations are considered to be legally non-conforming. The following specific uses existing within the annexation area are considered to be legally non-conforming: a. Greenhouse and nursery operations for landscape wholesales. b. Retail sales of plants grown on-site. Open from mid-April through Father’s Day, and then again for the month of September to mid-October. Online sales throughout the growing season. c. A landscape business that conducts design build services and seasonal lawncare and snow removal. This business operates with 5 full-time management/office employees; 12-15 landscape maintenance employees; and 9-12 landscape construction employees. d. The current structures and uses shown on the attached Exhibit A. The city acknowledges the petitioners’ intent to apply for an expansion of the legally non-conforming use to construct two additional buildings as shown on Exhibit A (Future Building 4 – greenhouse storage, soil, etc.; Future Building 5 – off-season equipment storage). 2  6. All uses existing within the annexation area that are considered to be illegally non- conforming to Davis County current zoning restrictions and regulations are considered to be illegally non-conforming to West Bountiful City’s A-1 restrictions and regulations and continued enforcement of such non-conforming action will be pursued. 7. A Notice of Impending Action and copy of final Local Entity Plat approved by the county surveyor will be filed with the Lieutenant Governor’s office within sixty days of adoption of this Ordinance. 8. Upon the Lieutenant Governor’s issuance of a Certificate of Annexation, a certified copy of this Ordinance and an original plat setting forth the property so annexed shall be filed with the County Recorder of Davis County, Utah, by the City Recorder. This Ordinance will become effective upon signing and posting. Adopted this 7th day of May, 2024. By: ______________________________________ Kenneth Romney, Mayor Voting by the City Council: Aye Nay Councilmember Ahlstrom Councilmember Butterfield Councilmember Enquist Councilmember Nielsen Councilmember Preece Attest: ________________________________________ Remington Whiting, City Recorder 3 Exhibit A  MEMORANDUM TO: Planning Commission DATE: May 7, 2024 FROM: Addison Jenkins RE: Text Change Application Regarding Flag Lots __________________________________________________________________________________ This memo introduces text change application by Chance Pope regarding flag lot regulations to the city council. The planning commission has considered this proposal at their April 9th and April 23rd meetings, held a public hearing, and made a positive recommendation on language modified from the original application. An ordinance for consideration is prepared for the May 7th council meeting. Background Chance Pope and Kevin Thacker are currently working to develop a residential property in the form of a flag lot behind the residence at 1188 W 400 North. All of the land is located in the A-1 zone. Mr. Pope and his engineer have discussed and considered multiple ways of meeting the city’s requirements to create a buildable lot. After consulting with staff on several options, he petitioned the city to change the way the lot size of flag lots are calculated. Proposal Currently the city code regarding flag lots prohibits the staff of the flag lot from being used when calculating the area of the lot for purposes of determining whether the lot meets the requirements of the applicable zone. For example, to meet the required 1-acre lot size in the A-1 zone, the staff cannot be used in the area calculation. (see WBMC 16.12.060 D). Mr. Pope’s request was to simply allow the staff of a flag lot to be used in the lot area calculation (see attached application). Commission Review Upon initial review, the planning commission questioned the potential impact across the city. Subsequent staff analysis demonstrated that the proposed change would be applicable to very few existing properties. Since flag lots are already conditionally permitted in all three residential zones, and the minimum lot size regulations would still apply, any existing lot that is smaller in area than twice the minimum lot size for the zone is not eligible for a flag lot. Any lot that is bigger than twice the minimum lot size plus enough area to create a staff is already permissible under the current code. Thus, this text change would only potentially affect a narrow range of lots whose area falls between twice the minimum lot size and twice the minimum lot size plus twice the size of a maximum necessary staff. As illustrated in the table below and the attached map, staff estimates 7 existing properties that could potentially add a flag lot based on the proposed change. Min acres Max acres Lots Impacted A-1 2.000 2.367 0 R-1-22 1.000 1.367 7 R-1-10 0.465 0.832 0 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Additionally, any lot that could potentially be subdivided would need enough frontage for a lot plus the 20- foot minimum flag lot staff width. Very few lots have more than the minimum required frontage. Any proposed lot would still be constrained by rear and side yard setback requirements which ensure the “flag” of a flag is not too small (see attached diagram). It should be noted that the staff analysis applies to lots and parcels as currently constituted. If properties are combined/modified (as in the case with the Pope/Thacker properties) or homes are demolished and re- designed on existing lots, this change could potentially be used in other areas. Finally, it is critical to note that in any case the proposed modification does not fundamentally alter the character of any zone in terms of density, as the minimum lot area is still required to meet the zone’s requirement. Planning Commission Recommendation The planning commission voted unanimously to recommend this text change but limit it only to the A-1 zone. As any change to land use regulations can have unintended or unforeseen impacts, the commission felt it prudent to allow this change in the portion of the city with the largest lots, minimizing any potential negative affect. Council Action An ordinance based on the planning commission’s recommendation is prepared for the council’s consideration. At this point, the council may approve, deny, further modify, or continue to work on this proposal. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  WEST BOUNTIFUL CURRENT ZONING MAP NEW FLAG LOT IF STAFF COUNTS Legend IN 22,000 SF MINIMUM AREA CITY BOUNDARY 3 CENTERVILLE HISTORIC OVERLAY NEW FLAG LOT IF STAFF COUNTS UNINCORPORATED DAVIS COUNTY IN 22,000 SF MINIMUM AREA, BUT WOULD REQUIRE DEMO OF 4 EXISTING STRUCTURE Current Zoning CN R-1-10 C-G THACKER'S NEED L-I TO COMBINE R-1-22 L-I CN MULTIPLE PARCELS FIRST. A-1 I-G XFMR A-1 PORTER LANE 2200 NORTH A-S C-H C-N AY PARK PARK W A-1 RK PA PAGES LANE Y 1600 NORTH AC G DAVIS COUNTY LE BOUNTIFUL GOLF COURSE 1200 NORTH R-1-22 A-S 1000 NORTH GOLF COURSE A-1 CG THACKERS NEED TO COMBINE PARCELS TO MAKE POSSIBLE 400 NORTH ICV ICV ICV ICV ICV ICV ICV ICV A-1 R-1-10 TY UN C-H BOUNTIFUL CO VI CG S R-1-22 DA L-I R-1-22 I-G I-15 C-H CG 500 SOUTH REDWOOD RD 500 WEST 1100 WEST 800 WEST WOODS CROSS  STREET ROW 105.00' 85.00' 20.00' 30.00' 55.00' 117.65' 20.00' 57.65' 10.00' 190.48' 207.65' 30.0000 10.00' 30.00' 42.83' 30.00' 45.00' 20.00'  WEST BOUNTIFUL CITY ORDINANCE #485-24 AN ORDINANCE AMENDING THE WEST BOUNTIFUL MUNICIPAL CODE 16.12.060 REGARDING FLAG LOTS WHEREAS, West Bountiful City is empowered to adopt and amend general laws and land use ordinances pursuant to Utah State law (§10-9a-101 et seq.) and under corresponding sections of the West Bountiful City Code; and WHEREAS, the West Bountiful City Council desires to maintain land use regulations that meet the needs of its residents; and WHEREAS, it was determined that there was need for modifications to West Bountiful City Code regarding flat lots; and WHEREAS, the West Bountiful Planning Commission held a properly noticed public hearing on April 23, 2024, to consider the proposed modifications and forwarded a positive recommendation to the City Council. NOW THEREFORE, BE IT ORDAINED by the City Council of West Bountiful that the West Bountiful Municipal Code be modified as shown in Exhibit A. This Ordinance shall take effect immediately upon signing and posting. Adopted this 7th day of May 2024. By: ___________________________________ Ken Romney, Mayor Voting by the City Council: AYE NAY Councilmember Ahlstrom Councilmember Butterfield Councilmember Enquist Councilmember Nielsen Councilmember Preece ATTEST: _________________________________ Remington Whiting, City Recorder  EXHIBIT A May 7, 2024 FLAG LOT UPDATE-WBMC 17.76 16.12 Design Requirements 16.12.060 Lots D. Flag lots will only be allowed where traditional lot development is not feasible. Such lots shall meet the following criteria: 6. The body of the lot shall meet the lot size and dimensional requirements of the applicable zone. The staff area shall not be used in computing lot size in the R-1-22 and R-1-10 zones. Proposed buildings shall comply with the minimum setbacks required for the zone. Determinations as to which are the front, side, and rear setbacks shall be made at the time of the subdivision application and shall be designated on the plat.  MEMORANDUM TO: Mayor and City Council DATE: May 1, 2024 FROM: Brandon Erekson, Chief of Police RE: Draft Urban Camping Ordinance _______________________________________________________________________________ This memo presents a proposed ordinance addressing regulations concerning sleeping and camping on public property within the city. Background Sleeping or camping on public property not designated for such creates issues regarding public safety, obstruction of pedestrian and vehicular traffic, and the well-being of individuals engaged in the act. Proposal The draft ordinance aims to establish guidelines for activities like sleeping and camping on public property. Outlined in the ordinance are prohibitions against sleeping on specified public property without authorization and camping on public property, except under certain exceptions, such as authorization by the property owner or in specific circumstances like emergencies. The enforcement provisions are detailed, emphasizing the importance of avoiding the criminalization of homelessness and safeguarding constitutional rights. The ordinance attempts to strike a balance between enforcement and mitigating factors, such as the immediate removal of personal property and litter upon notification of violation. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  WEST BOUNTIFUL CITY ORDINANCE #486-24 AN ORDINANCE ENACTIGN TITLE 8.14 OF WEST BOUNTIFUL MUNICIPAL CODE RELATED TO SLEEPING AND CAMPING ON PUBLIC PROPERTY WHEREAS, the West Bountiful City has determined the need to enact provisions of the West Bountiful Municipal Code dealing with sleeping and camping on public property; and WHEREAS, these regulations will protect and improve the health, safety, and welfare of the residents and visitors of West Bountiful; and WHEREAS, the City Council has the authority to adopt this ordinance pursuant to Utah Code Annotated 10-3-702, and hereby exercises its legislative powers in so doing: NOW THEREFORE BE IT ORDAINED by the city council of West Bountiful City that the West Bountiful Municipal Code Title 8.14 be enacted as shown in exhibit A. This ordinance will become effective upon signing and posting. Adopted this 7th day of May 2024. By: ___________________________________ Ken Romney, Mayor Voting by the City Council: AYE NAY Councilmember Ahlstrom Councilmember Butterfield Councilmember Enquist Councilmember Nielsen Councilmember Preece ATTEST: _________________________________ Remington Whiting, City Recorder Ordinance #486-24 Exhibit A 8.14 Sleeping and Camping on Public Property 8.14.010 Definitions. For the purpose of this Chapter the following terms, phrases, words, and their derivations shall have the meaning given herein: “Available overnight shelter” means a public or private facility open to an individual or a family experiencing homelessness with an available overnight space to house the individual or family at no charge. Overnight shelter space shall be considered available if the individual is not permitted to use otherwise available overnight shelter space due to the individual’s voluntary actions, including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules. “Camp” or “camping” means to set up or to remain in or at a campsite. “Campsite” means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a place to dwell or sleep, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. “Parking strip” means the area between a curb, or a place where a curb would be located if improvements were installed, and where a sidewalk is located or would be installed. “Personal property” means any tangible item reasonably recognizable as belonging to a person and having apparent utility or monetary value. “Public property” means any real property, building, or structure owned, used or leased by West Bountiful City or any department thereof, including, but not limited to, any sidewalk, street, parking strip, alley, lane, public right-of-way, park, open space, bench, equipment, and other similar property. “Reasonable notice” means notice reasonably calculated under all the circumstances to apprise a person that camping is prohibited at a particular location and, where personal property is deposited, affording the person time to gather their personal property and depart. Ordinance #486-24 Exhibit A 8.14.020 Sleeping on Public Property Without Authorization Prohibited. West Bountiful City finds that sleeping on sidewalks, streets, parking strips, alleys, lanes, rights- of-way and within any publicly used ingress or egress to or from or within public property is unsafe as it obstructs pedestrian and/or vehicular traffic, and may place the person sleeping and/or the public in danger of harm. Therefore, except as may be otherwise expressly authorized by the City: (1) No person may sleep on any public sidewalk, street, parking strip, alley, lane, or public right-of-way. (2) No person may sleep in any publicly used ingress or egress to or from or within public property. (3) A violation of this Section after a request to cease and desist shall be unlawful and shall give rise to any remedy provided by law. 8.14.030 Camping on City Public Property Without Authorization Prohibited. No person may camp in or upon any public property, nor any property owned by other governmental entities that have posted notice prohibiting camping, unless: (1) The owner of the property has authorized the person to camp at that location; (2) Camping is specifically authorized by the issuance of a special event permit in accordance with the West Bountiful Municipal Code; (3) Camping is done for the purpose of watching a public parade. (4) Camping is necessary after the formal proclamation of an emergency in accordance with the West Bountiful Municipal Code; (5) Camping is otherwise specifically authorized by West Bountiful Municipal Code; or (6) The individual is on public property other than a sidewalk, street, parking strip, alleyway, lane, or public right-of-way, and there is no available overnight shelter. Ordinance #486-24 Exhibit A 8.14.040 Removal of Unlawful Campsite. The authorized agents of West Bountiful City may remove a campsite from public property if: (1) After reasonable notice, the individual refuses to remove their personal property from the premises; (2) Personal property appears to be abandoned; (3) There is probable cause for law enforcement officials to believe that illegal activities other than camping are occurring at the campsite; or (4) There is immediate danger to human life, health or safety, including, but not limited to, possible contamination of public or private property by unsanitary and/or hazardous materials. 8.14.050 Removal, Disposition and Release of Personal Property. Upon removal of a campsite, all litter, including items having no apparent utility or monetary value and items in an unsanitary condition, may be immediately discarded. All other personal property shall be gathered, retained, and released, with notice being provided to the property owner, in accordance with Utah Code Title 24, the Forfeiture and Disposition of Property Act; Utah Code Title 77, Chapter 24A, Lost or Mislaid Personal Property; and relevant West Bountiful Police Department policy. 8.14.060 Enforcement and Mitigation. In enacting this Chapter, it is not West Bountiful City’s intent to criminalize homelessness or violate a homeless person’s constitutional rights. Likewise, the City does not wish to prohibit the ordinary recreational use of the parks such as picnicking on a blanket, or resting or sleeping in a park during normal park hours. Enforcement of this Chapter shall be undertaken to avoid such results. Upon conviction for a violation of this Chapter, in addition to any other factors deemed appropriate by the Court, the Court shall consider in mitigation whether or not the person Ordinance #486-24 Exhibit A immediately removed all personal property and litter, including, but not limited to, bottles, cans, and garbage from the campsite after being informed it was in violation of the law. 8.14.070 Application to City Property Outside City Limits. This Chapter applies to public property owned by West Bountiful City that is located outside the City’s municipal limits.  MEMORANDUM TO: Mayor and City Council DATE: 5-3-24 FROM: Duane Huffman RE: Expenditure Approval – Cart Path Improvements at Lakeside - $21,142.50 _______________________________________________________________________________ The city’s procurement code requires that certain expenditures of $10,000 or more first be approved by the city council. Approval is requested for the following: 1. Cart Path Improvements - $21,142.50 This year’s budget includes $100,000 for cart path, and in the fall the council approved $30,074 for work done at the tee box for Hole 13 (replacement); the fairway along Hole 13 (new); new asphalt at Hole 18. For the spring season, staff identified work to include an overlay at the Hole 6 tee box; an overlay between Holes 12 and 13; a replacement of the removed asphalt at Hole 3; and the installation of a new asphalt pad in the maintenance shop area for material lay down. Post Asphalt provided a quote of $21,142.50, which is below the engineer’s estimate. Post Asphalt has experience working on the course and an understanding of the special needs associated with limiting damage to the course. Staff recommends moving forward as quickly as possible to install the asphalt to limit interference with the golf season. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  To: West Bountiful City Contact: Joshua Virostko Address: West Bountiful, UT Phone: Fax: Project Name: Lakeside Goldf Course, West Bountiful Bid Number: Project Location: 1201 N 1100 W, West Bountiful, UT Bid Date: 4/22/2024 Item # Item Description Estimated Quantity Unit Unit Price Total Price AREA #13 1 Clean Surface And Apply Tack Coat And Furnish Place & 3,075.00 SF $3.75 $11,531.25 Compact 1/2" Level Course & 2" Overlay Of 1/2" APWA Asphalt With 15% Rap Total Price for above AREA #13 Items: $11,531.25 AREA #6 2 Clean Surface And Apply Tack Coat And Furnish Place & 1,613.00 SF $3.75 $6,048.75 Compact 1/2" Level Course & 2" Overlay Of 1/2" APWA Asphalt With 15% Rap Total Price for above AREA #6 Items: $6,048.75 DUMP PAD 3 Fine Grade Existing Rod Base, Prepare Grade For 450.00 SF $4.75 $2,137.50 Asphalt And Furnish Place & Compact 3" Of Asphalt Total Price for above DUMP PAD Items: $2,137.50 AREA #3 GATE 4 Fine Grade Existing Rod Base, Prepare Grade For 300.00 SF $4.75 $1,425.00 Asphalt And Furnish Place & Compact 3" Of Asphalt Total Price for above AREA #3 GATE Items: $1,425.00 Total Bid Price: $21,142.50 Notes: • Prior to work beginning, this estimate must be signed by the customer and returned to Post Asphalt • Price is valid Through Dec 2024 • Price does not include Striping, Traffic control, Saw cutting, Soft spot repair, Compaction testing or Material testing unless noted above • Price does not include permits or survey fees for quoted items unless noted above • Post Construction Company will not guarantee drainage on grades with 1% or less slope • Price to be billed based on measurements following job completion Payment Terms: Payment terms are net (15) days from the date of each original Invoice. If payment is not received within such fifteen days, interest shall be charged on the outstanding principal amount at the rate of two percent per month (twenty-four percent annually), until paid in full. Where legal proceedings are instituted for recovery of all balance's due, Post Asphalt Paving & Construction shall be entitled to recover additional costs incurred, including reasonable attorney's fee. Post Asphalt Paving & Construction is hereby authorized to file a preliminary notice describing the aforesaid Customer Address pursuant to UTAH CODE ANN. 38-1a-501,1953 (as amended). 4/22/2024 1:30:36 PM Page 1 of 2  WEST BOUNTIFUL Page 1 of 5 CITY COUNCIL MEETING April 16, 2024 1 PENDING – Not Yet Approved 2 3 Minutes of the West Bountiful City Council meeting held on Tuesday, April 16, 2024, at West 4 Bountiful City Hall, 550 N 800 West, Davis County, Utah. 5 6 Those in attendance: 7 8 MEMBERS: Mayor Kenneth Romney, Council members James Ahlstrom, (Remotely) Dell 9 Butterfield, Kelly Enquist, Jenn Nielsen, Mark Preece 10 11 STAFF Steve Doxey (City Attorney), Brandon Erekson (Chief of Police), Steve Maughan 12 (Public Works Director), Kris Nilsen (City Engineer), Addison Jenkins (Community 13 Development), and Remington Whiting (City Recorder) 14 15 PUBLIC: Richmond Thornley, Alan Malan, Lanese Hendrickson, Simon Mortenson, Danny 16 Inkley 17 18 EXCUSED: Duane Huffman (City Administrator) 19 20 Work Session – Reports by South Davis Rec District and South Davis Metro Fire District 21 22 South Davis Recreation District 23 24 Tif Miller began by sharing his appreciation for the city for allowing the district to use the city’s 25 baseball diamonds. He explained that there are currently 2 open board positions. He then went on to 26 explain some of the changes that are occurring at the recreation center. Some of the changes are the 27 operating hours, cutting down programs that had little participation, staff restructuring, and projects. 28 He then gave a brief explanation of the changes to the budget. There will be a tax increase this year, 29 the first in 17 years. This increase will be about a $13 a year increase. The repair and replacement 30 funds are also undergoing changes. 1,260 residents of West Bountiful City currently have a 31 membership to the rec center. He is encouraged by this number and the amount of youth in their 32 sports programs. Councilmember Nielsen asked when they would apply for a bond. Mr. Miller 33 responded that it would be 2025 before it would be discussed. She also expressed concern over the 34 amount of equipment at the facility. 35 36 South Davis Metro Fire District 37 38 Dane Stone gave a brief overview of the 2023 report. He reported that there was a small decrease in 39 call volume this year and said that this was due to coordination with Lakeview Hospital. He also 40 reported that there was a decrease in fires, and he connects this to strict restrictions on fireworks. He 41 expressed appreciation to Duane and how he had helped them with the budget to restructure their 42 pay which helped them retain more fire fighters. There are currently five stations. Mr. Stone then 43 reviewed the training and responsibilities that the firefighters have as well as some of the activities 44 that the department has participated in. Councilmember Butterfield expressed concern that there was 45 only 1 station that is located on the west side of the freeway. 46 47  WEST BOUNTIFUL Page 2 of 5 CITY COUNCIL MEETING April 16, 2024 48 Regular Meeting 49 50 Mayor Romney called the meeting to order at 7:45 pm. Mark Preece gave an invocation, and the 51 Pledge of Allegiance was led by Jenn Nielsen. 52 53 1. Approve Agenda 54 55 MOTION: Mark Preece made a motion to approve the agenda. Dell Butterfield 56 seconded the Motion which PASSED by unanimous vote of all members 57 present. 58 59 2. Public Comment 60 61 None 62 63 3. Presentation of Utah Law Enforcement Professional Standards Accreditation to the 64 West Bountiful City Police Department. 65 66 Val Shupe introduced himself and explained the accreditation process. 38 states have 67 accreditation programs and 29 cities in Utah are accredited. Mr. Shupe then presented the 68 certificate to Chief Erekson. 69 70 4. Presentation of Donation Application by Centerpointe Theater – Danny Inkley, 71 Executive Director 72 73 Danny Inkley began by explaining the purpose of Centerpointe Theatre. The city currently has 74 300 residents that are season ticket holders and 30 youth participants in the theatre. He 75 explained that only 18% of their revenue is from contributions and the rest comes from earned 76 revenue. Councilmember Nielsen asked what the city has donated in the past. Mayor Romney 77 said that the city had donated a few times in the past but there was not a specified amount 78 every year. Councilmember Butterfield asked how the amount of donation was decided and 79 what other cities were donating. Mr. Inkley explained that Centerville and Bountiful were 80 donating through RAP tax. Councilmember Ahlstrom shared his opinion that the city 81 participates in the organization and hopefully can continue to help them grow. 82 Councilmember Butterfield asked if there were corporate sponsors. Mr. Inkley explained that 83 there was and that IHC was the largest corporate sponsor. 84 85 5. Ordinance #483-24, An Ordinance Amending the Municipal Zoning Map, Annexing 86 Certain Real Property and Extending the Corporate Limits of West Bountiful City, Utah 87 (for approximately 12.66 acres at 1708 W 1200 N). 88 89 MOTION: Jenn Nielsen made a motion to apopt Ordinance #483-24, amending the 90 municipal zoning map, annexing certain real property and extending the 91 corporate limits of West Bountiful City, Utah (for approximately 12.66 acres 92 at 1708 W 1200 N. Kelly Enquist seconded the Motion which PASSED. 93 94 The vote was recorded as follows:  WEST BOUNTIFUL Page 3 of 5 CITY COUNCIL MEETING April 16, 2024 95 James Ahlstrom – Aye Dell Butterfield– Aye 96 Kelly Enquist – Aye Jenn Nielsen– Aye 97 Mark Preece – Aye 98 99 100 6. Meeting Minutes from March 19th and April 2nd, 2024. 101 102 MOTION: Jenn Nielsen made a motion to approve the minutes from March 19th and 103 April 2nd with the removal of (Remotely). Dell Butterfield seconded the 104 motion which PASSED by unanimous vote of all members present. 105 106 7. Staff Reports 107 108 Police – Brandon Erekson: 109 • Chief Erekson presented the police stats from March. 110 • The department has completed the first half of in-service training and the rest of it will be 111 next week. 112 • Police Department continues to work on the missing resident of West Bountiful City. 113 • Councilmember Nielsen asked about the school drop off at 550 W. Chief Erekson explained 114 that it had significantly improved. 115 • Still searching for crossing guards. 116 117 Public Works - Steve Maughan: 118 • Kris and Steve met with the Federal Railroad Administration, speaking about quiet zone and 119 the 1600 N crossing. 120 • Spring Cleanup was successful and very busy. ACE had a scheduling issue, but they were 121 able to get the garbage bins on time. 122 • Storm Drain collapsed on 1100 W. 123 • Roadside mowing and trail maintenance will begin soon. 124 • Asphalt testing done will be done on 1200 N soon. 125 • Public works had four 6th grade classes help plant tress for arbor day. 126 • Councilmember Preece mentioned that there was an issue with dog bags on the trail. Steve 127 said that they would take a look at it. 128 • Councilmember Nielsen brought up that the Youth City Council wanted to plant trees for 129 their end of season party. Steve said this would be a possibility and that he could get trees. 130 • Councilmember Nielsen also said that a light at the pickle ball court light was out. 131 132 Engineering - Kris Nilsen: 133 • Working on 2 projects. 1200 N and 1100 W. Trying to have those ready for bid this fall. 134 • Wants to finish up 600 W. There are 2 options and estimates. 135 • Will finish up storm water capital facilities plan soon. 136 137 Administration and Community Development – Addison Jenkins: 138 • A resident has requested a text change for flag lots. There will be a public hearing for the 139 planning commission next week, and then it will go before the city council the following 140 week.  WEST BOUNTIFUL Page 4 of 5 CITY COUNCIL MEETING April 16, 2024 141 • Loveland Annexation ordinance will be ready for the next city council meeting. 142 • Ivory homes are getting ready to submit for a PUD. 143 • The Sewer District has been annexed but will be working towards a conditional use permit to 144 improve their facilities. 145 • Preliminary Plat has been approved for the Salmon Subdivision. 146 • Reid’s Meadows home occupation has taken down their website. Addison will follow up 147 with him to make sure they are no longer running the business. 148 149 8. Mayor/Council Reports 150 151 James Ahlstrom – 152 • Todd Wieler is trying to do a hot air balloon event. He will be reaching out to Addison with 153 an application. 154 155 Dell Butterfield – 156 • There are 2 open board positions for the South Davis Recreation District Board. 157 158 Kelly Enquist – 159 • Mosquito abatement will not be able to fog until the temperature is more consistent. 160 161 Jenn Nielsen – 162 • Youth city council was this week. She asked Councilmember Ahlstrom about the end of year 163 event for the YCC. Councilmember Ahlstrom offered to provide the meat for the BBQ this 164 year. Councilmember Nielsen invited the remaining councilmembers to attend. 165 • A proposed budget for the YCC has been done by Remington. Will be presented to Duane. 166 • Somebody has offered to help plan the carnival, but they will be unable to attend the actual 167 event. 168 169 Mayor Romney – 170 • Wasatch Integrated Waste adopted a resolution that requires cities to have 100% participation 171 with recycling with a bundled rate. There has been backlash from cities regarding this. 172 • Met with Ivory Homes along with Duane and Addison to discuss their PUD application. 173 174 Mark Preece – 175 • Sewer District continues to work towards their upgrades. 176 • The board spent a lot of time discussing rates for the add on. The bid opening will be May 177 9th. 178 179 9. Adjourn 180 181 MOTION: Kelly Enquist made a motion to adjourn this meeting of the West Bountiful 182 City Council. Dell Butterfield seconded the motion which PASSED by 183 unanimous vote of all members present. 184 185 ---------------------------------------- 186  WEST BOUNTIFUL Page 5 of 5 CITY COUNCIL MEETING April 16, 2024 187 The foregoing was approved by the West Bountiful City Council by unanimous vote of all members 188 present on May 7, 2024. 189 190 191 192 Remington Whiting, City Recorder