City Council Meeting
Regular MeetingWest Bountiful, UT · November 19, 2024
Agenda
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, NOVEMBER 19TH, 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. Ordinance 494-24 – An Ordinance Authorizing the City Mayor to Execute a Change in
Easement Along the Southern and Western Property Lines at 697 West 1815 North.
4. Ordinance 495-24 – An Ordinance Amending the West Bountiful Municipal Code 17.50.030
Regarding Front Yard Fences.
5. 1100 W (200 N – 400) East Side Project Design Review.
6. North Water Tank Irrigation Water Options
7. Consider Letter of Support for Restoration of Train Quiet Zone.
8. Meeting Minutes from October 1st, 2024.
9. Staff Reports–Police, Public Works, Engineering, Community Development, Admin.
10. Mayor/Council Reports.
11. Closed Session, if necessary, for the Purpose of Discussing Items Allowed Pursuant to UCA §
52-4-205.
12. 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 November 15th, 2024.
MEMORANDUM
TO: Mayor and City Council
DATE: November 15th, 2024
FROM: City Staff
RE: Request to Reduce a PUDE at 697 W 1815 N – Wes and Melissa Morley
Background
Wes and Melissa Morley have submitted an application to reduce a portion of the public utility
easement and drainage easement along the rear (South) and side (West) property lines at 697
West 1815 North in order to build a detached garage. The rear easement is proposed to be
reduced from 10 feet to 3 feet, while the side easement be reduced from 5 feet to 3 feet, as
shown in the attached diagram.
Process
State code requires the city council to hold a public hearing and adopt an ordinance when granting
changes to public utility easements.
Analysis
• The applicant has obtained the necessary approvals and clearances from affected utilities.
• The required public notice has been completed.
• Staff have reviewed the request and do not foresee any negative impacts to the city by
reducing the requested easements.
• A public hearing is scheduled as part of tonight’s meeting prior to adoption of the proposed
Ordinance.
Recommendation
Staff recommends the Council approve Ordinance 494-24 for the requested changes to the above
described public utility easements and authorize the mayor to sign the Change of Easement
documents.
550 North 800 West, West Bountiful, UT 84087 (801) 292-4486
! ! !
SUBJECT
PROPERTY
697 W
PUE
to Vacate
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South Davis Sewer District & Davis County
© 2021 HxGN Content Program, Hexagon
SOUTH DAVIS SEWER DISTRICT
For Information Purposes Only
LEGEND
All Depth and Location Information to be Field-Verified MH GRAVITY MAINS
²
! STANDARD STANDARD
! DEAD END
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Feet
WEST BOUNTIFUL CITY
ORDINANCE #494-24
AN ORDINANCE AUTHORIZING THE CITY MAYOR TO EXECUTE
A CHANGE IN EASEMENT ALONG THE SOUTHERN AND WESTERN
PROPERTY LINES AT 697 WEST 1815 NORTH
WHEREAS, West Bountiful City has been petitioned by the owners of the above-mentioned
property to reduce from ten (10) feet to three (3) feet on the Southern (rear), and five (5) feet to three
(3) feet on the western (side) public utility and drainage easements so that an accessory structure can
be built on the property; and
WHEREAS, releases have been received from all major public utility agencies; and
WHEREAS, on or before November 8th, 2024, proper notice was provided to neighbors, posted
on the property, and posted on state and city websites; and
WHEREAS, a public hearing was held by the city council on November 19th, 2024, to receive
public comment concerning the requested release of easements.
NOW THEREFORE, BE IT ORDAINED by the City Council of West Bountiful that the City
Mayor is authorized to execute the CHANGE OF EASEMENTS for the property located at, 697 West
1815 North, West Bountiful, Utah.
This ordinance shall become effective upon signing and posting.
ADOPTED November 19th, 2024.
By:
___________________________________
Kenneth Romney, Mayor
Voting by the City Council: Aye Nay
Council member Ahlstrom ____ ____
Council member Butterfield ____ ____
Council member Enquist ____ ____
Council member Nielsen ____ ____
Council member Preece ____ ____
ATTEST:
Remington Whiting, Recorder
MEMORANDUM
TO: City Council
DATE: November 15th, 2024
FROM: Staff
RE: Front Yard Fence Code Change Application
This memo introduces a code change application by Tom Burnell regarding front yard fence
regulations. The planning commission considered this proposal during the October 8th and 22nd
meetings, a public hearing was held on October 22nd, and a positive recommendation has been
forwarded to the city council.
Background
Mr. Burnell is the owner of Lot 15 in the Highgate Subdivision (1253 W Highgate Ave). His lot is
considered a corner lot and has a very wide width. He had previously submitted a permit
application to build a fence in his front yard but the permit was denied based on current city code.
City code does not currently allow for 6ft anywhere within the 15’ of the sidewalk or right of way.
Application
On October 3rd, 2024, Mr. Burnell submitted a code change application to amend front yard fence
regulations (17.50.030). His application requested that within the A-1, front yard fences be allowed
if they met the following criteria:
• Roadway Frontages exceeding 200’
• 70% Transparent
• Offset of 20’ from the front side façades of the primary resident
• Setback of 6’ from the property line along the roadway frontage
Planning Commission Review
Upon initial review, the planning commission shared concern over front yard fences and
landscaping causing an obstruction. After some discussion, they reached the conclusion that the
requested change met current clear view requirements. The commission ultimately decided to
remove the A-1 requirement, and recommend the following:
For properties with roadway frontages exceeding 200’, front yard fences of at least
seventy percent (70%) transparency are allowed up to a six (6) feet in height with an
offset of at least 20’ from the front side façades of the primary residence, with a setback
550 North 800 West, West Bountiful, UT 84087 (801) 292-4486
of six (6) feet from the property line along the roadway frontage.
Council Action
An ordinance based on the planning commission’s recommendation is prepared for the council’s
consideration. The council may now approve, deny, further modify, or continue to work on the
proposal.
550 North 800 West, West Bountiful, UT 84087 (801) 292-4486
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FACADE OF HOME TO PRESERVE
'FRONT YARD' OPENNESS
WEST BOUNTIFUL CITY
ORDINANCE #495-24
AN ORDINANCE AMENDING THE WEST BOUNTIFUL MUNICIPAL CODE
17.50.030 REGARDING FRONT YARD FENCES
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 front yard fences; and
WHEREAS, the West Bountiful Planning Commission held a properly noticed public hearing on
October 22nd, 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 November 19th, 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
17.50.030 Front Yard Fences
Subject to the clear view area regulations in this chapter, fences installed in a front yard
shall comply with the following requirements:
A. A fence that is seventy percent (70%) or more open is allowed up to four (4) feet in
height.
B. A fence, wall, or hedge that is not seventy percent (70%) or more open is allowed up
to four (4) feet in height if located three (3) feet or more from the front street right of
way or sidewalk, whichever is closer to the primary building on the lot. In addition,
such a fence, or hedge is allowed up to six (6) feet in height if located fifteen (15) feet
or more from the front street right of way or sidewalk.
C. For properties with roadway frontages exceeding 200’, front yard fences of at least
seventy percent (70%) transparency are allowed up to a six (6) feet in height with an
offset of at least 20’ from the front side façades of the primary residence, with a
setback of six (6) feet from the property line along the roadway frontage.
D. A building permit must be secured for construction of all front yard fences.
MEMORANDUM
TO: Mayor & Council
DATE: June 14, 2014
FROM: Duane Huffman
RE: 1100 W (200N – 400 N) Project Design Updates
__________________________________________________________________________
The purpose of this memo is to provide the council with design updates for the 1100 W (200 N –
400 N) sidewalk project.
The city was awarded grant funds to complete the missing section of sidewalk on this eastern
portion of the road. Staff presented a preliminary design this summer that showed 1. conflicting
utility poles and 2. the potential impact to yards/trees of the city’s standard design.
Based on the direction that staff received from the last council discussion, we have a new design
that includes:
x Six-foot sidewalk (shown in purple on the attached drawings);
x Curb/gutter (shown in red);
x NO park strip;
x Potential property impacts (shown by yellow border);
x Storm drain improvements (shown as pink line).
This design minimizes potential impacts, but trees on the north of the project will still need to be
removed, and the homes on the north end of the project will also be within the normal front yard
setback.
One home (362 N – built in 1912) will be as close as 10 feet off the sidewalk. The other homes most
impacted on the north end will be closer to 20-25’ off of the sidewalk.
To minimize the remaining impacts, the city would need to either:
- Narrow the sidewalk to 4’ (this will not be enough to save the impacted trees);
- Narrow the road profile, which could have long-term traffic impacts;
- Not construct the improvements.
Once staff has additional input from council, we will schedule a neighborhood meeting to go over
the project with the property owners and residents.
550 North 800 West, West Bountiful, UT 84087 (801) 292-4486
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MEMORANDUM
TO: Mayor and City Council
DATE: November 15, 2024
FROM: Staff
RE: Irrigation Assessment for North Water Tank
_______________________________________________________________________________
This memo introduces and seeks guidance from the council regarding annual costs associated
with an annual assessment from Bountiful Irrigation for the land owned and used by the city
for the north water tank.
Background
West Bountiful City owns and operates two water tanks east of city limits. The northern tank
is located at approximately 450 N 600 E in Bountiful, and is comprised of a few parcels
totaling about 1.4 acres.
The city does not have any improved landscaping or
otherwise use any secondary water, but is annually
assessed at least $1,056.91 for secondary water (see
attached invoice). Staff believes the city has the option to
forfeit the water allotment associated with this
assessment, but has been told by Bountiful Irrigation that
it would be very hard to ever get the allotment back if the
city wanted to use the water in the future.
Options
While the annual cost is not exorbitant, staff cannot
envision how the city would use secondary water at this
location, and it concerned about the on-going expense to
the Water Fund. Due to the potential long-term effect of
the decision to forfeit the allotment, council direction is
requested regarding these proposed options:
1. Continue to pay the annual assessment.
2. Forfeit the allotment and cease to pay the assessment.
550 North 800 West, West Bountiful, UT 84087 (801) 292-4486
MEMORANDUM
TO: Mayor and City Council
DATE: November 15, 2024
FROM: Staff
RE: Letter of Support – Quiet Zone Restoration
_______________________________________________________________________________
This memo recommends that the council authorize the mayor on behalf of the city to sign the
attached letter of support for the restoration of the quite zone related to train horns. The
council is welcome to recommend any needed modifications to the letter.
550 North 800 West, West Bountiful, UT 84087 (801) 292-4486
November 11, 2024
Mr. James Payne
Staff Director
Grade Crossing and Trespasser Outreach Division
1200 New Jersey Avenue SE
Washington, DC 20590
Dear Administrator Payne:
Since 2008, the Woods Cross Quiet Zone (THR-111670) that extends 24 miles from Ogden to
Salt Lake City, Utah, has provided the important balance of safety at over 80 railroad crossings,
and peace and enhanced quiet for the thousands of residents along this stretch of the Wasatch
front. We appreciate the Federal Railroad Administration's (FRA) dedication to rail safety and
pledge our support to do the same.
When we received your September 30, 2024 letter, we felt that it contradicted our understanding
developed through ongoing coordination with FRA Grade Crossing Inspectors from your District
7 office. These conversations led the communities and agencies responsible for the crossings to
believe that adequate efforts were being made to maintain the quiet zone, and that sufficient
progress was being made towards completing the few projects necessary to submit the Letter of
Affirmation.
Permits had been secured to complete the work, and by October 22nd, FRA inspectors
confirmed that work was completed on all but two crossings in the entire quiet zone.
Considering that many deficiencies in the letter were identified as recently as April and June of
2024, we believe that this demonstrates a conscious effort by all parties to maintain compliance
with Title 49 CFR 222.
We believed that the crossings at 1000 West in Salt Lake City (DOT 805836V) and Main Street
in North Salt Lake (DOT 80664P) were compliant until deficiencies were noted by FRA
inspectors in April and June of 2024. Both cities began immediate efforts to remedy these
issues and have provided funding to complete them. However, Union Pacific, who controls the
approval and construction of the projects, has indicated that it may take up to 18 months to
complete the work.
Because both cities are submitting plans in the next few weeks for remediation at these
crossings, and have applied for temporary waivers until permanent corrections are made, and
because the Quiet Zone Risk Index is 55% of the Risk Index with Train Horns (36,862 vs.
67,280), and because these two crossings (and the related industrial track) do not have a
history of accidents due to low speed and infrequent use, and because thousands of Utah
citizens are suffering from the impact of train horns, we implore the FRA to strongly consider
approval of these temporary waivers and a quick restoration of the Woods Cross quiet zone.
We acknowledge the need for safe railroad crossings and remain committed to maintaining
these crossings in compliance with FRA regulations. We appreciate your consideration for the
benefit of everyone involved.
Thank you for your attention to this issue.
Sincerely,
(City or Agency Representative)
WEST BOUNTIFUL Page 1 of 4
CITY COUNCIL MEETING October 1, 2024
1 PENDING – Not Yet Approved
2
3 Minutes of the West Bountiful City Council meeting held on Tuesday, October 1, 2024, at West
4 Bountiful City Hall, 550 N 800 West, Davis County, Utah.
5
6 Those in attendance:
7
8 MEMBERS: Council members James Ahlstrom, Dell Butterfield, Kelly Enquist, Jenn
9 Nielsen, Mark Preece
10
11 STAFF Duane Huffman (City Administrator), Steve Doxey (City Attorney), Brandon
12 Erekson (Chief of Police), Kris Nilsen (City Engineer), and Remington Whiting (City
13 Recorder)
14
15 PUBLIC: Alan Malan, Richmond Thornley, Dusty Siddoway, Tif Miller, Dane Garner,
16 Lauren Wallentine, Trisha Hepworth, Mitch Blackhurst, Paul Larsen, Aimee Hinojosa, Matt
17 Oviatt, Garrett Reid, Simon Mortenson, Jed Salmon
18
19 EXCUSED: Mayor Kenneth Romney
20
21 Mayor Pro-Tem Preece called the meeting to order at 7:32 pm. Mark Preece gave an Invocation, and
22 the Pledge of Allegiance was led by Jenn Nielsen.
23
24 1. Approve Agenda
25
26 MOTION: Jenn Nielsen made a motion to approve the agenda. Kelly Enquist seconded
27 the Motion which PASSED by unanimous vote of all members present.
28
29
30 2. Public Comment
31
32 Dane Garner – 748 W 1400 N – Mr. Garner shared the idea of legalizing the driving of golf
33 carts within the city.
34
35 Lauren Wall – 690 W 2350 N – Enquired about the park on 2350 N and why it had not been
36 updated. Staff explained that it had been delayed due to other projects.
37
38
39 3. Update from South Davis Recreation District – Tiff Miller, Executive Director.
40
41 Tiff Miller presented an update from the South Davis Recreation District. He began by
42 expressing optimism for the future of the center. He then shared his appreciation for the city
43 allowing the district to use the baseball diamonds. He also gave recent updates such as budget
44 updates, hours of operation and future projects. One of the goals of the center is to increase
45 their alternative revenue, which is done by sponsorship packages. He explained that they have
46 an increase of $60,000 in revenue compared to last year. He explained that updated locker
47 rooms, additional bathrooms, pool filters, and parking lot overlay are some of the future
WEST BOUNTIFUL Page 2 of 4
CITY COUNCIL MEETING October 1, 2024
48 projects. Mr. Miller then gave an update on the different memberships that the center offers,
49 as well as the number of residents in their programs. He then touched on new programs that
50 the rec center now offers. Council member Enquist asked about the outdoor pool pirate ship,
51 and when that would be updated. Mr. Miller explained that the update is a part of the Master
52 Plan, but the future of the feature was still being decided.
53
54
55 4. Update and Discussion on 660 W Capital Project Design.
56
57 Mr. Huffman began by explaining that based on options presented in the spring of 2024, the
58 city council directed staff to design the project to include sidewalk on just one side of the
59 road. The council had concluded that placing the sidewalk on the West side would be the best
60 decision. He reemphasized why a new road system would be necessary. With the primary
61 reasons being the replacement of the culinary lines, condition of the asphalt, and lack of
62 stormwater drains.
63
64 Mr. Huffman reiterated that the council had discussed placing curb and gutter on both sides of
65 the road, while placing a wider sidewalk with no park strip on only the west side. He also
66 explained that no matter which side the sidewalk is on, driveways on the west side would be
67 impacted. Council member Nielsen expressed some concern over parking space on the street
68 and the safety of walking residents. The impact on residents’ driveways was discussed.
69 Council member Butterfield asked if residents could pay the difference to the city to have
70 their entire driveway redone. Duane explained that it is generally negotiated between the
71 homeowner and contractor. The council discussed shortening the 6ft wide sidewalk to 4ft in
72 order to cause less of an impact, especially where there is sidewalk on the east side of the
73 road..
74
75 Aimee Hinojosa – 638 N 660 W – Explained that most of the foot traffic was on the west side,
76 and not the east side.
77
78 Steve Maughan mentioned to the council that the 900 N cul-de-sac would also be included in
79 the project. Council member Butterfield asked how they planned to keep the kids that were
80 walking home from school safe while the project is underway. Steve explained that caution
81 tape and barricades would be used.
82
83
84 5. Interlocal Cooperation Agreement Between South Davis Sewer District and West
85 Bountiful City For Inspection Services.
86
87 Duane explained that the city’s fee schedule uses a commonly accepted practice of basing the
88 building permit fee on values and square footage. However, industrial construction presents
89 challenges because the facilities being reviewed and inspected often are unique. To address
90 these challenges with past industrial projects at the refinery, the city used an agreement that
91 essentially billed the project for the costs associated with the building permit services.
92
93 MOTION: James Ahlstrom made a motion to approve the Interlocal Cooperation
94 Agreement Between South Davis Sewer District and West Bountiful City for
WEST BOUNTIFUL Page 3 of 4
CITY COUNCIL MEETING October 1, 2024
95 Inspection Services. Dell Butterfield seconded the Motion which PASSED
96 by unanimous vote of all members present.
97
98
99 6. Ratification of Hearing Officer Appointment.
100
101 The city has received an application for accommodations from any of the provisions of the
102 zoning ordinance or any of the city's rules, policies, practices, or services in accordance with
103 West Bountiful Municipal Code 17.84.020. Per the process, the city is required to appoint a
104 neutral hearing officer. Mayor Romney has appointed Daniel McDonald to act as Hearing
105 Officer and this appointment is being brought before the city council for ratification.
106
107 MOTION: James Ahlstrom made a motion to ratify the hearing officer appointment of
108 Daniel McDonald. Dell Butterfield seconded the Motion which PASSED by
109 unanimous vote of all members present.
110
111 7. Meeting Minutes from September 17th, 2024.
112
113 MOTION: James Ahlstrom made a motion to approve the minutes from September
114 17th, 2024 with the correction of Kelly Enquist being removed from all
115 motions. Kelly Enquist seconded the motion which PASSED by unanimous
116 vote of all members present.
117
118
119 8. Staff Reports
120
121 Police – Brandon Erekson
122 • Advertised for open police officer position recently. The first review will be on the 17th of
123 this month.
124 Engineering – Kris Nilsen:
125 • Continues to work on 660 W and 1100 W.
126 Public Works – Steve Maughan
127 • 1200 N project is almost complete.
128 • The playground installation will hopefully be complete by the end of October.
129 • Fall Cleanup will be from the 10th – 12th of October.
130 Public Administration/Community Development – Duane Huffman
131 • Meet with the owners of the of unincorporated property and Woods Cross to discuss their
132 intent with the property.
133 • Ivory homes has submitted additional subdivision paperwork. Still incomplete and are
134 continuing to work on it.
135 • Working on variances and illegal fences.
136 • Copies of the History book are printed and are ready to be sold.
137 • Newsletters are at the printer and should be sent out soon.
138 • FRA has suspended the quiet zone designation for railroad crossings. Meaning they will use
139 their horn through all crossings. The cities involved are working to re-instate it.
140
WEST BOUNTIFUL Page 4 of 4
CITY COUNCIL MEETING October 1, 2024
141 9. Mayor/Council Reports
142 James Ahlstrom –
143 • Grand View Counseling had a grand opening tonight. They provide counseling for troubled
144 youth and families.
145 Dell Butterfield –
146 • The Recreation District Board will meet next week.
147 • The Planning Commission continues to look at regulations.
148 • EmPAC Committee will be meeting to rewrite the emergency preparedness plan on the 14th
149 of October.
150 Kelly Enquist –
151 • Asked if HF Sinclair had plans to meet with the city. Duane explained that a representative
152 was coming to meet with the mayor in the next couple of weeks.
153 Jenn Nielsen –
154 • YCC will help the police department with the Trunk or Treat on October 31.
155 • YCC is planning on cutting the ribbon for the new playground. They will serve donuts.
156 • Christmas on Onion Street will be on December 7th from 1-3.
157 Mark Preece –
158 • Sewer District plant upgrade is underway.
159
160 10. Adjourn
161
162 MOTION: Kelly Enquist made a motion to adjourn the meeting of the West Bountiful
163 City Council. James Ahlstrom seconded the motion which PASSED by
164 unanimous vote of all members present.
165
166
167 ----------------------------------------
168
169 The foregoing was approved by the West Bountiful City Council by unanimous vote of all members
170 present on November 19th, 2024.
171
172
173
174 Remington Whiting, City Recorder
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