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.WBCityut.gov Steve Maughan **AMENDED** THE WEST BOUNTIFUL CITY COUNCIL WILL HOLD A REGULAR MEETING AT 7:30 PM ON TUESDAY, APRIL 15th, 2025, AT THE CITY OFFICES Invocation/Thought – Kelly Enquist; Pledge of Allegiance – Mark Preece 1. Approve Agenda. 2. Oath of Office – West Bountiful Police Officer João Da Luz. 3. Public Comment - Two minutes per person; five minutes if on behalf of a group. 4. Consider Award of 1100 W Project 2025 (sidewalk and street widening on the east side from 230 N – 400 N). 5. Resolution 567-25 – A Resolution Authorizing the Execution of a Quit Claim Deed and Permanent Channel Access and Maintenance Easement and Agreement with Davis County for the Transfer of Ownership of 1450 West Right-of-Way from 400 North to 187 North. 6. Meeting Minutes from April 1st, 2025. 7. Staff Reports–Police, Public Works, Engineering, Community Development. 8. Mayor/Council Reports. 9. Closed Session, if necessary, for the Purpose of Discussing Items Allowed Pursuant to UCA § 52-4-205. 10. Adjourn. The above agenda was posted on the State Public Notice website (Utah.gov/pmn), the city website (WBCityut.gov), posted at city hall, and emailed to the Mayor and City Council on April 15th, 2025.  MEMORANDUM TO: Mayor & Council DATE: April 15, 2025 FROM: Staff RE: 1100 W (200 N – 400 N) Sidewalk Project Award __________________________________________________________________________ This memo recommends a wa rding the 1100 W sidewa lk project to Post Construction for $363,587.00. Ba ckground Beginning in 2021, the city bega n exploring gra nt opportunities to complete the ga p in sidewa lk tha t exists on the ea st side of 1100 W between 230 N to 400 N. As illustra ted on the a tta ched ma p, 1100 W from 500 S to 400 N currently ha s a pproxima tely 2,673 feet of sidewa lk a nd a ga p of 785 feet. The city first received gra nt funding of $368,380.00 from Da vis County’s Third Qua rter Tra nsporta tion Gra nt progra m, a nd levera ged tha t gra nt to receive a dditiona l funding through the Surfa ce Tra nsporta tion Progra m (STP) a dministered through Wa sa tch Front Regiona l Council (WFRC) (up to a n a dditiona l $438,838.00, for a tota l of 807,218.00 a va ila ble). These a mounts were driven by the requirements in the gra nt a pplica tions, but the a ctua l bid process ha s resulted in significa ntly lower costs. All of the gra nt funding is ba sed on reimbursa ble costs, so the city will only receive funding ba sed on wha t is a ctua lly spent. Design of the project wa s dela yed a s the city reviewed options to limit impa cts on homeowners, worked to move conflicting utilities, a nd designed other la rge projects (e.g. the 660 W project). The Da vis County gra nt term is from Ma y of 2023 to Ma y of 2025, a nd county sta ff ha s informed the city tha t substa ntia lly sta rting the project by the dea dline will meet this requirement. Additiona lly, WFRC a nd Da vis County ha ve tra nsferred funds between different projects so tha t West Bountiful’s project will now be funded solely through Da vis County ra ther tha n split between county a nd federa l funds. The project includes 785 linea r feet of sidewa lk a nd curb, storm dra in inlets, widening a nd repla cing 2,000 squa re feet of a spha lt, the remova l of la ndsca ping, a nd the restora tion of la ndsca ping a nd drivewa ys behind the new sidewa lk. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Bid Process a nd Review The project wa s publicly a dvertised, a nd sea led bids were due a nd opened on Ma rch 27t h. The city received five complete bids, a s follows. Bidder Total Post Construction $363,587.00 Black Forest $412,517.20 Trico Construction LLC $440,296.84 Acme Construction $469,646.78 MC Green $556,730.49 Sta ff reviewed the lowest bid a nd found everything in order. The City ha s worked successfully with Post Construction on severa l projects. Sta ff ha s no concerns with the bid or the contra ctor. Residents’ Concerns Every public improvement project ha s impa cts on neighboring properties; however, this project is unique due to the a ge a nd pla cement of homes a nd trees on 1100 W, especia lly on the northern portion. This section will list concerns a nd wha t the city ca n do to a ddress them. 1. Set Ba cks. The first three homes on the north side of the project were built between 1912 a nd 1938, a nd they currently sit much closer to the roa d right- of- wa y tha n the now sta nda rd 30’ set ba ck. a . In a ttempt to minimize the impa ct from this la ck of set ba cks, the city modified the sta nda rd design to elimina te the pa rk strip a nd insta ll only a 4’ sidewa lk from 400 N to 350 N. However, even with these cha nges, these homes will still be between 13’ a nd 23’ from the ba ck of the new sidewa lk. 2. Trees. Also on the north side of the project, there a re severa l la rge trees in the right- of- wa y tha t will need to be removed to ma ke room for the sidewa lk. a . The city ca n work with individua l property owners to repla ce trees. However, there is reduced spa ce in front of these homes, a nd in a ny ca se, it will be ma ny yea rs before trees ca n rea ch a ma ture size. 3. Desire for a Rura l Atmosphere. Residents a long the project ha ve expressed the desire to ma inta in the rura l feel a nd sense of priva cy tha t comes from not ha ving sidewa lk in front of their properties. a . This is a tra de- of for the community benefit of pedestria n sa fety a nd completing the investment of infra structure tha t ha s a lrea dy been insta lled a long the ma jority of this street. Fina l Decision The prospective contra ctor is ea ger to begin work on this project if it is a wa rded. The council ma y: 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 a ) Awa rd the project; b) Pla ce the project on hold for a yea r or more to consider significa nt re- designs, such a s na rrowing the over profile of the roa d. i. Such designs will need to be ca refully eva lua ted to consider the long- term impa ct on future use of the roa d. ii. It is likely tha t the gra nt funding will be lost. There is a cha nce it could be extended, or the city could re- a pply in the future. c) Ca ncel the project a nd gra nt funding. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Current Sidewa lk Infra structure 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  MEMORANDUM TO: Mayor and City Council DATE: April 11, 2025, FROM: Kris Nilsen, City Engineer RE: Davis County Owned 1450 West ROW - Request for City to except Ownership of 1450 West ROW from 400 N to 187 N This memo introduces and recommends a request from Davis County for West Bountiful City to accept ownership of a 50-foot width right-of-way for 1450 West Street from 400 N to 187 N (see attached exhibit). Background Davis County owns a 50-foot-wide section of 1450 West Street from 400 N to 187 N. This is unique, as this section is within city limits, though several properties to the west of the right-of-way remain unincorporated. In 2022, as part of Belmont Farms Phase 1 Subdivision, the County and the City became aware that this section of road that was owned by Davis County. The County deferred to West Bountiful City for improvements required to the street frontage in anticipation of completing a request for this section of 1450 West to be deeded over to West Bountiful City. This section of 1450 West Street crosses Mill Creek channel with a concrete bridge structure. West Bountiful City has maintained this section of 1450 West Street except for the bridge structure and channel as far back as present staff is aware. Davis County has been maintaining the bridge structure and the channel for the same period. Analysis It is common for cities to own and maintain local streets within a city boundary and this section of 1450 West currently provides service for residents as a local road. This section of the street and the area to the east are in West Bountiful and the area to the west side of the street is in the Annexation Plan for West Bountiful City. The County has typically maintained regional drainage channels and bridge structures that serve a significant portion of the County and other municipalities within the County, such as Mill Creek does. Davis County has prepared an easement along with an associated maintenance agreement that assigns the County as responsible for all maintenance of the Mill Creek Drainage Channel and the associated bridge structure through the 1450 West ROW. Davis County has completed a Quit Claim Deed transferring the ownership of the ROW to West Bountiful City. Staff and legal counsel have reviewed both. Recommendations Staff support accepting ownership of the right-of-way per the attached agreement. and providing the maintenance of the ROW except for the Mill Creek Drainage Channel and Associated Bridge Structure. Possible Motion I make the motion that the council approve the attached Quit Claim Deed and authorize the Mayor to execute the Permanent Channel Access and Maintenance Easement and Agreement.  WEST BOUNTIFUL CITY RESOLUTION #567-25 A RESOLUTION AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED AND PERMANENT CHANNEL ACCESS AND MAINTENANCE EASEMENT AND AGREEMENT WITH DAVIS COUNTY FOR THE TRANSFER OF OWNERSHIP OF THE 1450 WEST RIGHT-OF-WAY FROM 400 NORTH TO 187 NORTH WHEREAS, Davis County owns a 50-foot-wide right-of-way for 1450 West Street from 400 North to 187 North (the “1450 West Right-of-Way”), located within the city limits of West Bountiful City; and WHEREAS, West Bountiful City has maintained this section of 1450 West Street, except for the Mill Creek Drainage Channel and associated bridge structure, which have been maintained by Davis County; and WHEREAS, Davis County has proposed transferring ownership of the 1450 West Right-of-Way to West Bountiful City through a Quit Claim Deed in the form of the attached Exhibit A; and WHEREAS, Davis County has prepared a Permanent Channel Access and Maintenance Easement and Agreement, attached as Exhibit B, granting Davis County access, and assigning to Davis County responsibility, for all maintenance of the Mill Creek Drainage Channel and associated bridge structure; and WHEREAS, West Bountiful City has determined that it is desirable and in the best interests of the community and the public to accept ownership of the 1450 West Right-of-Way and enter into the associated easement and maintenance agreement as provided herein; NOW THEREFORE, BE IT RESOLVED by the City Council of the West Bountiful City that: Section 1. Agreement Approved. The City Council hereby accepts and approves the Quit Claim Deed with Davis County for the transfer of ownership of the 1450 West Right-of-Way, as described in Exhibit A, and the Permanent Channel Access and Maintenance Easement and Agreement, attached as Exhibit B. Section 2. Mayor Authorized to Execute. The City Council hereby authorizes the Mayor to execute the Quit Claim Deed and the Permanent Channel Access and Maintenance Easement and Agreement. Section 3. Severability Clause. If any section, part, or provision of this Resolution is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Resolution, and all sections, parts, and provisions of this Resolution shall be severable. Section 4. Effective Date. This Resolution shall become effective immediately upon its passage. Passed and approved by the City Council of West Bountiful City this 15th day of April 2025. _______________________________________ Ken 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, City Recorder WHEN RECORDED, MAIL TO: Davis County PO Box 618 Farmington, UT 84025 PERMANENT CHANNEL ACCESS AND MAINTENANCE EASEMENT AND AGREEMENT WEST BOUNTIFUL CITY, a Utah municipal corporation, including successors and assigns, with an address of 560 North 800 West, West Bountiful, Utah 84087 (“Grantor”), hereby grants and conveys to DAVIS COUNTY, a political subdivision of the State of Utah, and its successors and assigns (“Grantee”), for the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, a permanent easement, as set forth herein, over, under, in, along, across, and upon the following described real property located in West Bountiful City, Davis County, State of Utah: An easement for flood control purposes, being 25 feet on each side of the following described centerline: Beginning at a point which is North 00°19’40” East 337.20 feet along the Quarter Section line and South 89°40’45” West 136.26 feet along the South line of a 4 Rod road and South 03°41’30” East 258.85 feet and 13.58 feet along the arc of a curve to the left with a radius of 2,694.15 feet and a chord distance of 13.58 feet bearing South 03°50’10” East from the Southeast Corner of the Northwest Quarter, Section 23, Township 2 North, Range 1 West, Salt Lake Base and Meridian, and running thence; Thence 130.71 feet along said arc of a curve to the left with a radius of 2,694.15 feet and a chord distance of 130.70 feet bearing South 05°22’13” East to the termination of said easement. (Being a portion of 1450 West Street) Containing: 6,536 SQFT or 0.150 Acres (Rotate above description 00°18’53” clockwise to equal NAD83 SPC, Utah North) Part of Tax ID 06-033-0057 The permanent easement granted and conveyed by this instrument shall include the right, privilege, and authority for Grantee, its employees, agents, and contractors, to excavate the existing channel for the purpose of carrying or conveying natural run-off and storm water or catching, carrying, and conveying surface waste and surplus waters, and for similar uses over, under, in, along, across, and upon the existing channel; together with the right of Grantee, its employees, agents, and contractors, to excavate and inspect, the channel and necessary appurtenances, and make excavations therefor from time to time over, under, in, across, and upon the existing channel, and to cut and remove from said easement any trees or other obstructions which may endanger the safety or interfere with the use of said access, channel, or appurtenances attached to or connected therewith; together with the right of ingress and egress to and over the above-described premises Permanent Channel Access and Maintenance Easement and Agreement Page 1 of 4 (the “Easement Area”) at any and all times for the purpose of patrolling the channel or repairing, renewing, excavating, inspecting, or maintaining, the channel and appurtenances, and for doing anything necessary, useful, or convenient for the enjoyment of the easement hereby granted. The permanent easement granted and conveyed by this instrument shall further include the right, privilege, and authority to Grantee, its employees, agents, and contractors, to ingress and egress, of any kind or nature, over the Easement Area, at any and all times for the purpose of constructing, inspecting, maintaining, or reconstructing the facilities or otherwise located within the existing channel; provided, that (1) Grantee will not unreasonably interfere with Grantor’s use of the Easement Area for transportation and other purposes, and will take commercially reasonable measures to limit any impediment to the flow of traffic on 1450 West Street arising from Grantee’s activities under the easement; (2) Grantee will repair and restore to their original condition any surface and subsurface structures on 1450 West Street within the Easement Area that are damaged as a result of Grantee’s activities under the easement; and (3) Grantee will cooperate with Grantor in the event Grantor elects to make any improvement to 1450 West Street within the Easement Area. Grantor shall at all times, upon reasonable notice from Grantee, its employees, agents, and contractors, remove any surface obstructions or open gates that would otherwise prevent the ingress or egress of Grantee, its employees, agents, and contractors, or Grantee’s use or enjoyment of this permanent easement. WITNESS the hand of Grantor(s) this ______ day of _________, 20___. WEST BOUNTIFUL CITY: ____________________________________ By: Kenneth Romney, Mayor ATTEST: By: Remington Whiting, City Recorder Permanent Channel Access and Maintenance Easement and Agreement Page 2 of 4 STATE OF UTAH ) ) ss COUNTY OF DAVIS ) On this ______ day of _________, in the year 20___, before me ________________________, a notary public, personally appeared Kenneth Romney and Remington Whiting, proved on the basis of satisfactory evidence to be the persons whose names are subscribed to in this document, and acknowledged they executed the same in the capacities as West Bountiful City Mayor and West Bountiful City Recorder, respectively. Notary Public Reviewed and Advised as to Form and Legality: Stephen B. Doxey, West Bountiful City Attorney Permanent Channel Access and Maintenance Easement and Agreement Page 3 of 4 Accepted for Davis County by: Lorene Miner Kamalu, Chair, Board of Davis County Commissioners ATTEST: Brian McKenzie, Davis County Clerk STATE OF UTAH ) ) ss COUNTY OF DAVIS ) On this _______ day of ____________, in the year 20___, before me ____________________________, a notary public, personally appeared Brian McKenzie and Lorene Miner Kamalu, proved on the basis of satisfactory evidence to be the persons whose names are subscribed to in this document, and acknowledged they executed the same in the capacities as Davis County Clerk and Davis County Commissioner/Executive, respectively. Notary Public Reviewed and Advised as to Form and Legality: Davis County Attorney’s Office Permanent Channel Access and Maintenance Easement and Agreement Page 4 of 4  WEST BOUNTIFUL Page 1 of 4 CITY COUNCIL MEETING April 1, 2025 1 PENDING – Not Yet Approved 2 3 Minutes of the West Bountiful City Council meeting held on Tuesday, April 1st, 2025, 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, Dell Butterfield, 9 Kelly Enquist, Jenn Nielsen, and Mark Preece 10 11 STAFF Duane Huffman (City Administrator), Steve Doxey (City Attorney), Brandon 12 Erekson (Chief of Police), Steve Maughan (Public Works Director), Kris Nilsen (City 13 Engineer), and Remington Whiting (City Recorder) 14 15 WORKS SESSION PUBLIC: Robin Pierce, Jason Pierce, Jessica Johnson, Thiago Stearns 16 R., Josh Johnston, Jeff Iverson, 17 18 REGULAR MEETING PUBLIC: Alan Malan, Richmond Thornley, Simon Mortenson 19 20 EXCUSED: 21 22 Work Session – 1100 W Sidewalk Project (200 N – 400 N) Neighborhood Presentation 23 24 Duane explained that this was a public meeting with all council members in attendance. He 25 presented the proposed project for a sidewalk along 1100 W. It would be funded primarily by 26 external grants. The proposed design includes a 4’ sidewalk transitioning to a 6’ sidewalk, both 27 without a park strip to minimize impacts on residents' properties. The project would include curb, 28 gutter, and driveway approaches. Duane also outlined the potential project timeline. He addressed 29 concerns such as property lines, trees, and setbacks. He clarified that while the sidewalk would be 30 closer to properties, the traffic lanes would remain in their current placement. 31 32 Council Member Butterfield inquired about the project cost. The low bid is approximately 33 $364,000.00. Some residents questioned the necessity of the sidewalk, citing low pedestrian traffic 34 and potential impacts on properties. A resident suggested widening the road instead of adding a 35 sidewalk, while another asked whether any data analytics had been conducted on pedestrian use. 36 Duane acknowledge the several concerns, and stated that the council would need to balance the 37 concerns with the benefits for the community in making their final decision. Privacy concerns were 38 raised, and Mayor Romney discussed safety improvements from past sidewalk installations, noting 39 that proceeding with the project now would be more cost-effective because of the external sources. 40 41 Regular Meeting 42 43 Mayor Romney called the meeting to order at 7:40 pm. James Ahlstrom gave an invocation, and the 44 Pledge of Allegiance was led by Kelly Enquist. 45 46 1. Approve Agenda 47  WEST BOUNTIFUL Page 2 of 4 CITY COUNCIL MEETING April 1, 2025 48 MOTION: Mark Preece made a motion to approve the agenda. James Ahlstrom 49 seconded the Motion which PASSED by unanimous vote of all members 50 present. 51 52 53 2. Public Comment 54 55 Alan Malan – Discussed his concern over the Waiver of the Culinary Water Impact Fee for 56 South Davis Sewer District and stated that he was opposed to it. 57 58 3. Meeting Minutes from March 4th, 2025. 59 60 MOTION: Kelly Enquist made a motion to approve the minutes from March 4th, 2025. 61 Dell Butterfield seconded the motion which PASSED by unanimous vote of 62 all members presents. 63 64 4. Consider Additional Suspension of Excavation Restriction for Culinary Water Line at 65 1072 N 800 W (DelNoble Subdivision). 66 67 Duane explained that in 2020, a 5-year excavation restriction was placed on 800 W from 400 68 N to Pages Lane. In December of 2024, the City Council reviewed and granted a request to 69 suspend the excavation restriction on 800 W to allow for the installation of new service 70 laterals for gas and irrigation water for the DeNoble Subdivision. In addition to these utilities, 71 the new property owner has requested an upgrade from the existing ¾-inch culinary water 72 service to a 1-inch service to meet their anticipated water demands. The replacement of this 73 service lateral will require an additional excavation in 800 W. 74 75 MOTION: Jenn Nielsen made a motion to approve the Additional Suspension of 76 Excavation Restriction for Culinary Water Line at 1072 N 800 W subject to 77 the conditions. Mark Preece seconded the motion. 78 79 The vote was recorded as follows: 80 James Ahlstrom – Aye Dell Butterfield – Aye 81 Kelly Enquist – Aye Jenn Nielsen – Aye 82 Mark Preece - Aye 83 84 85 5. Ordinance Consider Waiver of Culinary Water Impact Fee for South Davis Sewer 86 District North Plant Upgrade Project. 87 88 Duane explained that the South Davis Sewer District is currently upgrading several facilities 89 at the north plant. The city has requested that the district install a master meter at the entrance 90 to the property to replace the several meters currently in use. To have adequate fire flow, an 91 8-inch master meter would be needed. It was emphasized that the daily water usage would not 92 increase based on the new project. He also clarified that if the district were to develop 93 something in the future that increased water usage, the impact fee would be revisited. The 94 price difference between a 2 and 8-inch meter impact fee was discussed, along with the fact  WEST BOUNTIFUL Page 3 of 4 CITY COUNCIL MEETING April 1, 2025 95 that this would be beneficial for both parties. A previous discussion where the district agreed 96 to install a walking trail to the Bountiful Pond was also brought up. 97 98 MOTION: James Ahlstrom made a motion to authorize the Exemption of the Water 99 System Impact Fee for the South Davis Sewer District North Plant Upgrade 100 Project, as the project provides critical fire flow capacity and does not 101 significantly increase water usage. The waiver is based upon the current 102 scope of the project, and any future building permits issued for the property 103 shall trigger a review of the impact fee assessment to determine if further 104 charges are warranted. Dell Butterfield seconded the motion which 105 PASSED. 106 107 The vote was recorded as follows: 108 James Ahlstrom – Aye Dell Butterfield – Aye 109 Kelly Enquist – Aye Jenn Nielsen – Aye 110 Mark Preece - Aye 111 112 6. Staff Reports 113 114 Police – Brandon Erekson 115 • A full offer will be extended to a candidate for patrol. 116 • Chief Erekson will participate on the board for Safe Harbor. 117 Public Works – Steve Maughan: 118 • Lights have been installed on the bowery at the city park. 119 • Will begin top dressing this week at the park. 120 • Public park restrooms have been opened. 121 • New wear pads for the playground equipment have been ordered. 122 • Continues to work on 660 W project. 123 • There was an incident with a garbage truck on the 660 W project. 124 Engineering – Kris Nilsen: 125 • 1100 W and 660 W projects continue. 126 • Plans to catch up on submittals. 127 Public Administration/Community Development – Duane Huffman: 128 • Influx of building permits for new homes. 129 • Met with Lumen to discuss a franchise agreement. 130 • Continues to work on budget development. 131 132 7. Mayor/Council Reports 133 Ken Romney: 134 • Asked about the lights on the bowery at the park. It was decided that the Arts Council would 135 create a proposed schedule. 136 James Ahlstrom: 137 • Asked about the lights at the pickleball court. Steve will check the schedule. 138 Dell Butterfield: 139 • Planning commission approved a conditional use permit for a flag lot. 140 • The Recreation District has had no recent meetings.  WEST BOUNTIFUL Page 4 of 4 CITY COUNCIL MEETING April 1, 2025 141 Kelly Enquist: 142 • The mosquito abatement meeting is on Thursday. 143 • Arts Council concert on April 11th. 144 Jenn Nielsen: 145 • The YCC’s Easter Egg Scramble is on April 19th. 146 • Egg filling night was a success. Youth volunteers from around the city filled 3000 eggs in 20 147 minutes. 148 • Will speak to Mayor Romney regarding the Independence Day Dignitaries. 149 • Will most likely be late for the meeting in 2 weeks. 150 • Ask Chief Erekson if there had been any reports about people playing pickleball after 10pm. 151 Mark Preece: 152 • A company has purchased the Sewer District’s food waste program. 153 154 8. Adjourn 155 156 MOTION: James Ahlstrom made a motion to adjourn the meeting of the West 157 Bountiful City Council. Jenn Nielsen seconded the motion which PASSED 158 by unanimous vote of all members present. 159 160 ---------------------------------------- 161 162 The foregoing was approved by the West Bountiful City Council by unanimous vote of all members 163 present on April 15th, 2025. 164 165 166 167 Remington Whiting, City Recorder