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City Council Meeting

Regular Meeting

West Bountiful, UT · May 6, 2025

Agenda

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.WBCityut.gov Steve Maughan THE WEST BOUNTIFUL CITY COUNCIL WILL HOLD A REGULAR MEETING AT 7:30 PM ON TUESDAY, MAY 6, 2025, AT THE CITY OFFICES AGENDA Invocation/Thought – Mark Preece; Pledge of Allegiance – Jenn Nielsen 1. Approve Agenda. 2. Public Comment - Two minutes per person; five minutes if on behalf of a group. 3. Presentation - Bountiful Davis Arts Center – Sarina Villareal Ehrgott. 4. Ordinance 500-25 – An Ordinance Authorizing the City Mayor to Execute a Change in Easement Along the Southern Property Line at 667 West 700 North. 5. Review Design Concepts for Child’s Park (2340 N 680 W). 6. Resolution 569-25 – A Resolution Amending the Bylaws of the West Bountiful Youth City Council. 7. Consider approval for Network Services (IT) Agreement with TecServ Inc. 8. Presentation of Fiscal Year 2024/2025 Tentative Budget. 9. Resolution 567-25 – A Resolution Approving an Interlocal Cooperation Agreement Between West Bountiful City and Davis County for the 2025 Municipal Election Services. 10. Resolution 568-25 – A Resolution Approving the Polling Location and Designated Vote Centers for the 2025 Municipal Election. 11. Meeting Minutes from April 15th, 2025. 12. Staff Reports–Police, Public Works, Engineering, Admin. 13. Mayor/Council Reports. 14. Closed Session, if necessary, for the Purpose of Discussing Items Allowed Pursuant to UCA § 52-4-205. 15. 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 May 2nd, 2025. MEMORANDUM TO: Mayor and City Council DATE: May 2, 2025 FROM: City Staff RE: Request to Reduce a PUE and Drainage Easement at 667 W 700 N – Kyle Hoffman Background Kyle and Cherry Hoffman have submitted an application to reduce a portion of the public utility easement and drainage easement along the rear (southern) property line at 667 West 700 North in order to build a detached garage. The rear easement is proposed to be reduced from 10 feet to 4 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 x The applicant has obtained the necessary approvals and clearances from affected utilities. x The required public notice has been completed. x Staff have reviewed the request and do not foresee any negative impact on the city by reducing the requested easements. x 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 500-25 for the requested changes to the above- described public utility easements and authorize the mayor to sign the Change of Easement 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 WEST BOUNTIFUL CITY ORDINANCE #500-25 AN ORDINANCE AUTHORIZING THE CITY MAYOR TO EXECUTE A CHANGE IN EASEMENT ALONG THE SOUTHERN PROPERTY LINE AT 667 WEST 700 NORTH WHEREAS, West Bountiful City has been petitioned by the owners of the above-mentioned property to reduce from ten (10) feet to four (4) feet on the Southern (rear) 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 April 25th, 2025, 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 May 6th, 2025, 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 667 West 700 North, West Bountiful, Utah. This ordinance shall become effective upon signing and posting. ADOPTED May 6th, 2025. 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: Mayor and City Council DATE: May 2, 2025 FROM: Staff RE: Childs Park (Charnell) Concept Options _______________________________________________________________________________ This memo introduces three concepts for improvements to Child’s Park located at 2340 N 680 W. After council feedback, staff can develop budgets on one or more of the options or develop other alternatives. Background The property for Lou Child’s Park was deeded to the city in 1984 as part of a PUD. The park itself was dedicated in 1990. The current playground is operable but outdated. There is a large willow tree in the middle of the property that has large sections that are dead or dying. There is also a 30’ sewer easement that runs along the front on the property. Concepts After a neighborhood meeting earlier this year, the city asked a landscape architect (LA) to develop concepts for review. The LA agreed that the large willow should probably come out, and that any re-design should include more tree planning and sidewalks for access. After meeting with city staff, he provided the attached options. - Concept A. Generally proposes to keep the existing play equipment, reduce the size of the play area to just accommodate that structure, and provides an access/loop pathway to get to the playground. - Concept B. Enlarges the existing play area, proposes new equipment (natural play- ish), and provides an access/loop pathway to get to the playground. - Concept C. Totally reconfigures playground area with a pavilion in the center and two separated play areas with new play equipment, and provides an access/loop pathway to get to the playground. Staff seeks direction from the council on which concept(s) to pursue further, either for cost estimating and refinement or to guide the development of new alternatives. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 NEW TREE, TYP. TREE ROW SCREEN SOD EX. TREE TO REMAIN, TYP. PARK BENCH, TYP. PICNIC PLAZA NEW ADA/LOOP PATH EXISTING STRUCTURE TO REMAIN SOD NEW ROPE/WOOD CLIMBER TREE ROW SCREEN EX. TREE TO REMAIN, TYP. NEW TREE, TYP. PARK BENCH, TYP. NEW ADA/LOOP PATH BOULDERING PLAY SWING SET SOD NEW TREE, TYP. NEW CLIMBER TREE ROW SCREEN PARK BENCH, TYP. EX. TREE TO REMAIN, TYP. SOD PAVILION NEW ADA/LOOP PATH NEW TOWER SOD CLIMBER/SLIDE MEMORANDUM TO: City Council DATE: May 2nd, 2025 FROM: Remington Whiting RE: Proposed Youth City Council Bylaw Amendment This memo introduces a proposed amendment to the bylaws of the West Bountiful City Youth City Council. Background In 2011, the West Bountiful Youth City Council recommended adoption of its bylaws, establishing rules and procedures for the organization. Recently, the council has expressed interest in amending the bylaws related to quorum and voting. Many members are involved in extracurricular activities that sometimes prevent them from attending meetings, even when their absences are excused in advance. These scheduling conflicts can make it challenging to meet the required number of members for a quorum under the current rules. Proposal On Thursday, April 24th, 2025, the youth city council discussed the following proposed bylaw amendment: III. Quorum and Voting A simple majority of unexcused members of the council must be present for a meeting to be held. Decisions will be made by motion. Any member may make a motion and a second to the motion is necessary before the motion may be discussed or a vote taken. A majority of those present must vote in the affirmative for a motion to pass. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 WEST BOUNTIFUL CITY RESOLUTION #569-25 A RESOLUTION AMENDING THE BYLAWS OF THE WEST BOUNTIFUL YOUTH CITY COUNCIL WHEREAS, the West Bountiful City Council has established a Youth City Council and adopted bylaws establishing their roles and duties in the community; and WHEREAS, the Youth City Council finds it necessary to amend certain sections of the bylaws to better meet current practices. NOW THEREFORE, BE IT RESOLVED by the City Council of the West Bountiful City that the West Bountiful Youth City Council Bylaws are amended as reflected in the attached Exhibit A. EFFECTIVE DATE. This resolution shall take effect immediately passing. Passed and approved by the City Council of West Bountiful City this 2nd day of May, 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 EXHIBIT A West Bountiful Youth City Council Bylaws Mission Statement The mission of the West Bountiful Youth City Council is to make a difference in our community by giving youth the opportunity to serve, develop leadership abilities and skills, and grow to become educated and responsible citizens. As we serve, we will strengthen our community and promote a spirit of pride in our city. In the future, we will responsibly perform our duty as citizens of the United States. Article 1 – City Council and Youth City Council Relationship I. Role of the City Council The West Bountiful City Council (“city council”) shall receive recommendations from the West Bountiful Youth City Council (“youth council”). The city council shall provide support staff to the youth council to assist them in carrying out their duties. The city council shall appoint a city council liaison as a youth advisor and communicate upcoming issues to the youth council, so they may respond accordingly. II. Role of the Youth Council The youth council shall provide such services to the community that would draw the community together serving the youth, young adult, and senior community with wholesome activities. The youth council shall provide opportunities to explore the duties and responsibilities of the city council in order to be prepared to serve in the community in the future. Article 2 – Membership I. Representation All qualified applicants will be welcomed to serve on the youth council. The city council will appoint adult advisors whether they be city council members, city staff, or a city citizen. II. Membership Qualifications All members must live within the city limits and must be in 7th to 12th grade, or equivalent ages, at the start of the school year following their appointment to the youth council. Members must have a GPA of at least 3.0, or a GPA of at least 2.5 if their GPA increases each school term after their appointment to the youth council until they have achieved a GPA of 3.0. III. Term Limits There is no limit to the number of terms a member may serve as long as the individual upholds the requirements as stated in the entirety of these bylaws. Members must reapply for each term. Membership will be dissolved if the member moves out of the city or submits a letter of resignation. Resolution 504-21 Page 1 IV. Application Process Members of the youth council shall be chosen through an application process. Interested parties shall complete a simple application found on the city website or at city hall. Applications shall be submitted to the youth mayor, youth advisor(s) or dropped off at city hall. Applications are due by a posted date prior to interviews for each term. Except as otherwise provided for an additional application period, below, the interview process will take place before the new term begins. Applicants shall be interviewed by the youth mayor, youth mayor pro tem, and youth advisor(s). After the new term has begun, an additional application period may be opened by a majority vote of all youth council members. V. Conduct Members of the youth council must conduct themselves in a positive, respectable, friendly, and law-abiding manner at all times. There will be no smoking, drinking alcoholic beverages, or using illegal drugs by any member of the youth council. Such behavior will not be tolerated and is grounds for dismissal from the youth council. Article 3 – Offices I. Offices The youth council consists of the following officers: mayor, mayor pro tem, recorder, secretary/communications, treasurer, and historian. II. Officer Duties The duties of the officers shall include but are not limited to the following: Mayor: Preside over and conduct all youth council meetings and activities subject to Utah Open Meetings laws (UCA 52-4), provide to the city recorder an agenda 48 hours prior to each meeting, communicate with and report to the city council, and perform other such necessary duties as they arise. Mayor Pro Tem: Assist the mayor in all duties, perform the duties of the youth mayor in his/her absence, prepare to assume all duties as mayor for the following term, fulfill any other such assignments as given by the youth mayor or youth advisor(s), and perform other such necessary duties as they arise. Secretary/Communications: Provide notice of meetings and activities to members at least 24 hours in advance, organize and keep all necessary items, perform the duties of the recorder in his/her absence, write articles for the city newsletter, update and maintain social media accounts, fulfill any other such assignments as given by the youth mayor or youth advisor(s), and perform other such necessary duties as they arise. Recorder: Take minutes of each meeting complying with the requirements of Utah Code Ann. 52.4.203, report the minutes of the prior meeting and sign when approved by vote of the youth council, maintain copies of all minutes making them available to city officials upon request, provide original approved documents to the City Recorder; maintain a list of all members and Resolution 504-21 Page 2 their contact information; fulfill any other such assignments as given by the youth mayor or youth advisor(s), and perform other such necessary duties as they arise. Treasurer: Maintain a record of all expenses, report financial changes at meetings, manage and direct all financial affairs, fulfill any other such assignments as given by the youth mayor or youth advisor(s), and perform other such necessary duties as they arise. Historian: Document all activities in a binder for each term, photograph activities, fulfill any other such assignments as given by the youth mayor or youth advisor(s), and perform other such necessary duties as they arise. III. Election and Appointment of Officers The following officers shall be appointed by the youth mayor, youth mayor pro tem, and youth advisor(s): secretary/communications, recorder, treasurer, and historian. The office of mayor shall be assumed by the mayor pro tem of the prior term. In the event the youth mayor pro tem of the prior term is unable to assume the office of youth mayor, the position will be filled by the same application and interview process as defined herein. Officer positions shall be filled by application and interview process. Any member interested in this office shall fill out an application which shall be turned in to the youth advisor(s). The applicant will then be interviewed by the youth mayor, youth mayor pro tem, and youth advisor(s). Officers shall be chosen by majority vote of the interview panel. IV. Term of Offices Term length is one year beginning in June and ending in June of the following year. Interviews will be conducted, and members will be notified before June each year. V. Vacancies of Offices Should a vacancy occur in an office of the youth council by resignation, removal, or any other reason, the office shall be filled by appointment of the interview panel at the next regular meeting. Article 4 – Meetings I. Regular Meetings Regular meetings of the youth council shall be held monthly, at 5pm on the second Thursday of each month, unless canceled or changed by agreement of youth leadership and youth advisors. Additional meetings can be called as necessary with a minimum of 72 hours’ notice to members. The principal meeting place of the youth council shall be at West Bountiful City Hall. The meeting will follow a formal agenda that has been posted pursuant to Utah Open Meetings laws (UCA 52-4). The agenda can be altered by majority vote at any time during the meeting. All meeting dates and times shall be posted on the city’s website and the city’s marquee. All meetings of the youth council shall be open to the public and be subject to all requirements of Utah open meetings laws. II. Emergency Meetings Emergency meetings may be called by the youth mayor or youth advisors upon good cause. Prior Resolution 504-21 Page 3 notification of at least forty-eight hours shall be given by the secretary. III. Quorum and Voting A simple majority of unexcused members of the council must be present for a meeting to be held. Decisions will be made by motion. Any member may make a motion and a second to the motion is necessary before the motion may be discussed or a vote taken. A majority of those present must vote in the affirmative for a motion to pass. IV. Order of Business The youth mayor shall preside over and conduct all meetings when present; when not present the youth mayor pro tem will assume these duties. Meetings will follow the approved agenda; each meeting will include the Pledge of Allegiance and a prayer or thought. Attendance shall be taken at each meeting and a list of attendees will be included in the minutes of the meeting. Excused and unexcused members will also be listed. V. Recordings of Meetings Written minutes and an audio recording shall be kept of the proceedings of council meetings by the youth recorder; if not present, the secretary shall assume these duties. Written minutes shall be provided to the city recorder once approved. Minutes will be made available to the public upon request. VI. Attendance Each member of the youth council is required to attend all meetings and activities. If they are unable to attend due to extenuating circumstances, they must notify the youth mayor or youth advisor(s) in advance of the meeting or activity. If a member of the youth council accrues five unexcused absences from meetings or three unexcused absences from activities, the youth mayor and youth council advisers will recommend the member’s dismissal to the city council. In the event the city council accepts the recommendation and dismisses the member, the member would not thereafter ethically be allowed to reference service on the youth council for that term in future resumes or job/school applications. Article 5 – Bylaws and Amendments The bylaws of the youth council shall be reviewed once each term. The bylaws may be amended at any time throughout a term if a proper need is found. Amendments must be approved by a majority vote through a roll call vote. Any changes or amendments shall be approved by resolution of the city council. Resolution 504-21 Page 4 Adopted October 5, 2021 Resolution 504-21 Page 5 MEMORANDUM TO: Mayor and City Council DATE: May 2, 2025 FROM: Staff RE: Award Recommendation – IT Services Contract _______________________________________________________________________________ This memo recommends that the city award the attached IT Services contract to TechServ. The intent is to have the new provider take over services effective July 1, 2025. Background The City has contracted with its current IT service provider since 2014. While the relationship has generally met expectations, service consistency has declined in recent years, prompting the City to evaluate other qualified firms through a competitive RFP process. The City received seven proposals in response to the recent RFP. Proposals were evaluated based on experience, understanding of services, ability to perform, qualifications, service methodology, references, innovation, risk management, and pricing structure. Evaluation Upon completion of a thorough evaluation process, TechServ Inc. received the highest overall score. With the help of the IT Director of a neighboring city, staff conducted interviews with TechServ and another finalist. TechServ stood out for the following reasons: • Extensive Municipal Experience: TechServ has served over 19 cities and towns, demonstrating a deep understanding of government operations and needs. • Highly Qualified and Available Personnel: Their proposal includes a dedicated engineer that lives within the county and has extensive certifications and public-sector experience. • Customized Approach: Their service model is tailored to West Bountiful’s operations and includes proactive support and rapid response times. • Strong References: Multiple long-term municipal clients provided high praise for TechServ’s performance and responsiveness. • Fair and Transparent Pricing: TechServ matched the hourly rate of the other top finalist at $145 per hour. This is a slight increase over the City’s current provider; however, the City anticipates offsetting this increase through savings in other areas, such as 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 reduced overages and the elimination of monthly subscriptions for security and data storage tools. Recommendation Based on the evaluation process and the superior qualifications presented in their proposal, staff recommends awarding the City’s IT Services contract to TechServ Inc. Suggested Motion: “I move that we award the City’s IT Services contract to TechServ Inc. and authorize staff to finalize and execute the agreement.” 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Monthly Network Services Agreement This Agreement dated April 21st, 2025 is made by and between West Bountiful City (Client), whose address is 550 North 800 West, West Bountiful, Utah 84087, and TecServ, Inc. (Consultant), whose corporate address is 193 W 2100 S STE 200, South Salt Lake City, Utah 84115 1. Consultation Services. Client hereby employs Consultant to perform the following services in accordance with the terms and conditions set forth in this Agreement. The Consultant will perform computer network maintenance activities for Client and will consult with the offices and employees of Client concerning matters relating to the management of Client’s computer network. The Scope of Work to be performed by Consultant is defined in Attachment A. 2. Term and Termination of Agreement. This Agreement will be in effect from May 1, 2025, to April 30, 2028. Either party may terminate this Agreement prior to the expiration of its term upon 60 days’ written notice. 3. Time Devoted by Consultant. The term of this Agreement is based upon Consultant committing to perform activities to maintain Client’s computer network and handle computer network emergencies. Consultant will spend 4 hours every week of consulting services onsite on Client’s behalf for computer network maintenance activities. 4. Schedule. The work performed by Consultant will be for on-site services at Client’s facilities and may occasionally include remote connectivity to Client’s network. These hours will be worked on a schedule to be set by both parties at a later date. Schedule may be altered with mutual agreement from both parties. 5. Additional Time. Consultant will respond to Client emergencies and spend sufficient time to resolve such emergencies. Emergencies are defined as computer network issues that directly prevent the operation of business by Client. Computer network issues that do not prevent business operations shall be handled during the on-site maintenance service schedule. If Client requests maintenance services outside the maintenance schedule, and these services are clearly not emergencies, Consultant will bill Client for these hours at the standard client rate. This includes computer network projects that cannot be completed within the regularly scheduled time. 6. Payment to Consultant. The amount paid to Consultant for services under this Agreement shall be $2,513.33 per month. Consultant will invoice Client the first of each month. Payment is due upon receipt of invoice and no later than the last day of the month in which the client received the invoice. 7. Additional project work that is not covered within this scheduled maintenance time allotment will be billed at $175 per hour. Product purchases are not considered part of this Agreement or consulting services. Payment for product purchases is due upon receipt. 8. Independent Consultant. Both Client and Consultant agree that Consultant will act as an independent agency in the performance of its duties under this Agreement. Accordingly, Consultant shall be responsible for payment of all taxes including Federal, State and local taxes arising out of Consultant’s activities under this Agreement including, by way of illustration but not limitation, Federal and State income tax, Social Security tax, and unemployment. 9. Confidential Information. Consultant agrees that any information received by Consultant during this Agreement that concerns the personal, financial or other affairs of Client and its agents and employees will be treated by Consultant in full confidence and will not be revealed to any other persons, firms or organizations. Consultant further agrees that any invention, improvement, development, or other intellectual property produced by Consultant in the course of performing services for Client (collectively, inventions) shall be considered and remain the property of Client. Upon request, Consultant will execute any further documents reasonably necessary to release to Client any such inventions or license such inventions to Client. 1 10. Employment of Others. Client may from time to time request that Consultant arrange for the services of others outside of Consultant’s employ. All costs to Consultant for those services will be paid by Client, but in no event shall Consultant employ others without the prior authorization of Client. 11. Non-Solicitation of Employees. Client agrees that it will not solicit Consultant’s employees to seek full- or part-time employment or other contractual arrangement with Client during the term of this Agreement or for twelve (12) months after the date of the last invoice from Consultant to Client. Client shall not attempt to engage, contract with, or hire Consultant’s employees, contractors or assignees independently of this Agreement without prior written consent from Consultant. Client may be released from such restriction under the following terms and with written approval from Consultant: • The payment of $50,000.00 to Consultant for each employee hired by Client, and • Each employee of Consultant hired by Client has performed services for Client under this Agreement for twelve (12) consecutive months or more. _____ Initial of Client demonstrating that Client understands and fully accepts the Non-Solicitation Covenant terms and agrees to such terms should Client seek to hire or directly contract with Consultant’s employees, contractors, or assignees. 12. Indemnity. Each party shall indemnify, defend, and hold harmless the other party from and against any obligations, costs, claims, judgments, attorneys’ fees, to the extent arising out of the indemnifying party’s performance of, or failure to perform, its obligations under this Agreement, except to the extent the same shall arise out of the indemnified party’s willful misconduct or gross negligence, as determined by a court of competent jurisdiction. 13. Governmental Immunity. Notwithstanding any provision of this Agreement to the contrary, the parties acknowledge that Client is subject to the provisions and protections of the Governmental Immunity Act of Utah, Utah Code § 63G-7-101, et seq. (the Act). This Agreement does not constitute a waiver of any provision of the Act, and all of Client’s rights under the Act are hereby reserved. 14. Default and Remedies. In the event of Consultant’s default under this Agreement, Client, upon written notice, may dismiss Consultant’s personnel from its offices and deny Consultant further access to its computer network; provided, that Client will continue to pay the Consultant’s service fees under Section 6 for 15 days following such event and may, in Client’s discretion, allow Consultant to cure the default within such time period. Unless the default is cured to Client’s satisfaction, this Agreement shall thereafter be deemed terminated. In the event of Client’s default, Consultant may terminate this Agreement if the default remains uncured after 30 days’ written notice from Consultant of the default. In the event of any uncured default, either party may exercise any or all of its rights under this Agreement, at law, or in equity. 15. Governing Law. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, IRRESPECTIVE OF ANY CONFLICTS OF LAWS PROVISIONS, EXCEPT AS SUCH LAWS MAY BE PREEMPTED OR SUPERSEDED BY THE LAWS OF THE UNITED STATES. EACH PARTY HEREBY CONSENTS TO THE JURISDICTION OF THE COURTS OF THE STATE OF UTAH OR THE COURTS OF THE UNITED STATES LOCATED IN THE STATE OF UTAH, AS THE CASE MAY BE, WITH VENUE IN DAVIS COUNTY, IN ANY DISPUTE ARISING OUT OF THIS AGREEMENT. 16. Miscellaneous. a. Notice. All notices required to be given under this Agreement shall be in writing and shall be hand delivered, or sent via certified United States mail, return receipt requested, to each party at the address set forth by the party’s signature below. Notice shall be deemed to be received upon actual receipt or three (3) days after mailing, whichever occurs first. Each party may designate a different address upon written notice to the other parties. 2 b. Entire Agreement, Modification, and Waiver. This Agreement and Attachment A, which is incorporated in this Agreement by reference, constitute the entire agreement and understanding of the parties with respect to its subject matter, and supersede all previous or contemporaneous representations or agreements of the parties in that regard. No modification of this Agreement will be valid or binding unless made in writing and signed by all parties. Any waiver of any provision of this Agreement must be in writing and must be signed by the party waiving the provision. c. Assignment. Neither party may assign this Agreement without the prior written consent of the other parties. Subject to this limitation on assignment, this Agreement will be binding upon and will inure to the benefit of the parties’ respective permitted successors, agents and assigns. d. Severability. The provisions of this Agreement are severable, and the invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of the remaining provisions. e. No Third-Party Beneficiaries. This Agreement is made for the exclusive benefit of the parties. No other person or entity will have any interest under this Agreement or be classified as a third-party beneficiary of this Agreement. f. Attorney Fees. In the event of a dispute over or relating to the terms of this Agreement, or any party’s performance under this Agreement, the prevailing party in any proceeding brought in connection with the dispute will be entitled to recover from the party or parties against which it prevails its costs, including reasonable attorney fees, whether incurred in litigation or otherwise. g. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures may be delivered by fax, email, or other electronic means. h. Further Documentation. The parties will cooperate in executing and delivering any further documents necessary to carry out the terms of this Agreement. i. Authority. Each party warrants that the persons signing below on its behalf have been duly authorized to do so, and that no additional signatures are required to make this Agreement binding upon the party. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement by their duly authorized representatives. TecServ, Inc. West Bountiful City Name: Name: Title: ______________________ Title: _____________________ Signature: Signature: Date: Date: 3 Attachment A Scope of Work Program Definition: • Four hours of onsite maintenance every week for applying software patches, checking backups, updating virus definitions, and troubleshooting problems. • Remote monitoring of servers and routers 24 hours a day, 7 days a week. • Guaranteed response time of one hour for onsite work and thirty minutes for remote work. • Access to TecServ’s extensive knowledge base and technical staff. Additional projects and emergency work beyond the allotted hours will be billed at $175.00 per hour with a one hour minimum for onsite work. Emergency/unscheduled work performed between 6:00 PM and 7:00 AM weekdays or anytime on weekends will be billed at $262.50 an hour. Help desk support is available 24 hours a day, 7 days a week. Each call will be billed at the applicable hourly rate (as set forth above, depending on the time of day and day of the week) in 15-minute increments. 4 MEMORANDUM TO: Mayor and City Council DATE: May 2nd, 2025 FROM: City Staff RE: 2025 Municipal Elections _______________________________________________________________________________ This memo outlines city’s staff recommendation to continue to contract with Davis County for election services in 2025. Background West Bountiful City will have two city council seats (currently held by Kelly Enquist and Mark Preece), one mayor seat (currently held by Ken Romney) up for election this year. The candidate filing period is June 2nd through June 6th. If more than four candidates file for city council seats, and/or more than two for the mayor seat, the city will hold a primary election on August 12th. The general election will be held on November 4th. Davis County Elections Office Davis County has the expertise, experience, equipment, and resources needed to carry out an election, and is prepared to offer the following services for a general election and primary election (if needed). • Davis County will provide election services administered by absentee (by mail) ballot, including: o Test, program, assemble and make available to City voting machines and poll supplies; o Provide for delivery and retrieval of voting equipment; o Polling location management, which includes, but is not necessarily limited to making arrangements for use, ADA compliance survey and contact information; o Absentee and By-Mail ballot processing, which includes mailing, receiving, signature verification and tabulation; o Provide electronic ballot files for Optical Scan Ballots printing; o Provide Information System assistance, which includes, but is not necessarily limited to, election programming, tabulation, programmers and technicians; o Canvass reports; o Electronic tabulation results transmitted to the Office of the Lieutenant Governor; o Provide personnel and technical assistance throughout the election process and equipment and/or supplies required specifically for voting; o Recruit poll workers; provide training, scheduling, supplies and compensation; o Publish legal notices, which include, polling locations, sample ballots public demonstration and election results; 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 o Provide preparation and personnel for the public demonstration of the tabulation equipment; o If required, in cooperation with the city, conduct an election audit; o Store all election returns for the required twenty-two (22) months; and • The city will handle candidate filing; ballot information and approval; election plan approval including accuracy of polling location, paper ballot quantities, voting machine quantities and poll worker assignments; review accuracy of printed and audio ballot formats; conduct canvass; and prepare candidate certificates. For West Bountiful, the estimated for the cost for these services is $4,192 for each election. This estimate is based on sharing expenses with all cities/districts having an election within the county. For reference, in 2023, the estimate was originally $7,771 and the city paid $3,889.06 for the general election services (no primary was necessary). Staff feels strongly that the expertise offered by Davis County is well worth the cost. This is especially the case with the ever-increasing emphasis on election security and the growing laws and requirements regarding election administration. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 WEST BOUNTIFUL CITY RESOLUTION #567-25 A RESOLUTION APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN WEST BOUNTIFUL CITY AND DAVIS COUNTY FOR THE 2025 MUNICIPAL ELECTION SERVICES WHEREAS, Utah State Code 20A-1-201.5 and 20A-1-202 authorizes municipalities to conduct elections in odd-numbered years and to contract with counties for elections services; and WHEREAS, Davis County has the equipment, expertise, and personnel necessary to assist West Bountiful City with conducting its 2025 Elections; and WHEREAS, the West Bountiful City Council desires to contract with Davis County for election services including, but not limited to, ballot programming and tabulation, vote-by-mail services, poll worker recruitment, and publication of required notices; and WHEREAS, Davis County has prepared an Interlocal Cooperation Agreement for West Bountiful City detailing the terms of the agreement, a copy of which is attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED by the City Council of the West Bountiful City that the Interlocal Cooperation Agreement between West Bountiful City and Davis County for the 2025 municipal election services is herby approved as attached as Exhibit A. Passed and approved by the City Council of West Bountiful City this 6th day of May 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 EXHIBIT A INTERLOCAL COOPERATION AGREEMENT FOR MUNICIPAL ELECTION SERVICES This Interlocal Cooperation Agreement for Municipal Election Services is made and entered into by and between DAVIS COUNTY, a body corporate and politic of the state of Utah, hereinafter referred to as “County,” and ________________ City, a municipal corporation of the state of Utah, hereinafter referred to as “City.” County and City may be referred to collectively as the “Parties” herein or individually as a “Party” herein. WITNESSETH: WHEREAS, pursuant to Sections 20A-1-201.5 and 20A-1-202, Utah Code Ann. (1953) as amended, City is authorized and required to hold municipal elections in each odd-numbered year; WHEREAS, County has equipment and resources needed to carry out an election and is willing to make available the resources and equipment to assist City in holding its municipal primary and general elections in 2025 upon the following terms and conditions; and WHEREAS, the Parties are authorized by the Utah Interlocal Cooperation Act as set forth in Title 11, Chapter 13 (the “Act”), and Section 20A-5-400.1 of the Utah Code Ann. (1953) as amended, to enter into this Agreement. NOW, based upon the foregoing and in consideration of the mutual terms and conditions set forth hereafter, the Parties hereto agree as follows: 1. County’s Obligations. County agrees to provide to City, if needed for the primary election in August 2025, and if needed for the general election in November 2025, the following: 1.1.​ Test, program, assemble and make available to City voting machines and poll supplies; 1.2.​ Provide for delivery and retrieval of voting equipment; 1.3.​ Polling location management, which includes, but is not necessarily limited to making arrangements for use, ADA compliance survey and contact information; 1.4.​ Absentee and By-Mail ballot processing, which includes mailing, receiving, signature verification and tabulation; 1.5.​ Provide electronic ballot files for Optical Scan Ballots printing; 1.6.​ Provide Information System assistance, which includes, but is not necessarily limited to, election programming, tabulation, programmers and technicians; 1.7.​ Canvass reports; 1.8.​ Electronic tabulation results transmitted to the Office of the Lieutenant Governor; 1.9.​ Provide personnel and technical assistance throughout the election process and equipment and/or supplies required specifically for voting; 1.10.​ Recruit poll workers; provide training, scheduling, supplies and compensation; 1.11.​ Publish legal notices, which include, polling locations, sample ballots public demonstration and election results; 1.12.​ Provide preparation and personnel for the public demonstration of the tabulation equipment; 1.13.​ If required, in cooperation with the City, conduct an election audit; and 1.14.​ Store all election returns for the required twenty-two (22) months. EXHIBIT A 2.​ City’s Obligations. City agrees to do the following: 2.1.​ Provide the Recorder or other designated officer to act as the election officer and assume all duties and responsibilities outlined by applicable law; 2.2.​ Enter into a polling location Hold Harmless Agreement, if needed; 2.3.​ Perform Declaration of Candidacy filing; 2.4.​ Provide County with ballot information, which includes, but is not necessarily limited to, races, candidates and ballot issues; 2.5.​ Approve the election plan, which includes, but is not necessarily limited to, accuracy of polling location and precinct assignments, voter turnout percentages, paper ballot quantities, voting machine quantities and poll worker assignments; 2.6.​ Review and approve the accuracy of the printed and audio of ballot formats; 2.7.​ Arrange and conduct election canvass; 2.8.​ Prepare candidate certificates; 2.9.​ Perform all other election related duties and responsibilities not outlined in this Agreement but required by applicable law; and 2.10.​ Pay County repair or replacement costs for damaged voting equipment, which occurs at the polling locations, beyond the normal wear and tear. 3.​ Compliance with Utah Law. The Parties each agree to conduct the election according to the statutes, rules, Executive Orders, and Policies of the Lieutenant Governor as the Chief Elections Officer of the State of Utah. 4.​ Compensation. City agrees to pay County the costs for providing the election equipment, services and supplies in accordance with the election costs schedule, attached hereto, incorporated herein, and made a part hereof as Exhibit "A". The payment by City to County under this Agreement shall be made within thirty (30) days of City receiving an invoice prepared by County relating to this Agreement. If this Agreement is terminated early by either Party, pursuant to the provisions of Section 7 below, City shall pay County for all services rendered by County under this Agreement prior to the date that this Agreement is terminated. 5.​ Effective Date. The Effective Date of this Agreement shall be on the earliest date after this Agreement satisfies the requirements of the Act (the “Effective Date”). 6.​ Term of Agreement. This Agreement shall continue in effect until 30 days after the 2025 elections or upon invoicing, whichever occurs later, unless extended or terminated earlier by the Parties. 7.​ Termination. This Agreement may be terminated by any of the following actions: 7.1.​ The mutual written agreement of the Parties; 7.2.​ By either Party after any material breach of this Agreement; 7.3.​ By either Party, with or without cause, 30 days after the terminating Party mails a written notice to terminate this Agreement to the other Party; or 7.4.​ As otherwise set forth in this Agreement or as permitted by law, ordinance, rule, regulation, or otherwise. ​ Page 2 of 9 EXHIBIT A 8.​ Indemnification. The Parties agree to indemnify the other Party, its officers, agents, representatives, officials, employees, and volunteers for and from any liability, costs, or expenses arising from any action, causes of action, claims for relief, demands, damages, expenses, costs, fees, or compensation, whether or not said actions, causes of action, claims for relief, demands, damages, costs, fees, expenses, and/or compensations that arise out of this Agreement, or relate to this Agreement and/or the acts or omissions of a Party and/or Parties representatives, agents, contractors, officers, officials, members, employees, volunteers, and/or any person or persons under the supervision, direction, or control of a Party (collectively, the “Party Representatives”). No term or condition of this Agreement shall limit or waive any liability that the Parties may have arising from, in connection with, or relating to this Agreement and/or the Parties Representatives’ acts or omissions. It is expressly understood and agreed that the terms, provisions, and promises of this Section shall survive the termination of this Agreement. 9.​ Governmental Immunity Act. The County and City are governmental entities under Title 63G, Chapter 7, et seq., the Governmental Immunity Act of Utah (the “Governmental Immunity Act”). Consistent with the terms of the Governmental Immunity Act, each Party shall be responsible for its own wrongful or negligent acts which are committed by its agents, officials, representatives, or employees. Neither Party waives any defense otherwise available under the Governmental Immunity Act nor does either Party waive any limit of liability currently provided by the governmental Immunity Act. Each Party agrees to notify the other of the receipt of any notice of claim under the Governmental Immunity Act for which one Party may have an obligation to defend, indemnify, and hold harmless the other Party within thirty (30) days of receiving the notice of claim. The Parties also agree to notify each other of any summons and/or complaint served upon the said Party, if the other Party may have an obligation to defend, indemnify, and hold harmless the first Party, at least fourteen (14) days before an answer or other response to the summons and/or complaint may be due. 10.​No Separate Legal Entity. No separate legal entity is created by this Agreement. 11.​Attorney Review. This Agreement shall be submitted to the authorized attorney for each Party for review and approval as to form in accordance with applicable provisions of Section 11-13-202.5, Utah Code Ann. (1953) as amended. A duly executed original and/or counterpart of this Agreement shall be filed with the keeper of records of each Party in accordance with Section 11-13-209, Utah Code Ann. (1953) as amended. 12.​Independent Parties. The Parties acknowledge, understand, and agree that the respective representatives, agents, contractors, officers, officials, members, employees, volunteers, and/or any person or persons under the supervision, direction, or control of a Party are not in any manner or degree employees of the other Party and shall have no right to and shall not be provided with any benefits from the other Party. County employees, while providing or performing services under or in connection with this Agreement, shall be deemed employees of County for all purposes, including, but not limited to, workers compensation, withholding, salary, insurance, and benefits. City employees, while providing or performing services under or in connection with this Agreement, shall be deemed employees of City for all purposes, including, but not limited to, workers compensation, withholding, salary, insurance, and benefits. ​ Page 3 of 9 EXHIBIT A 13.​Waiver. No waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the Party granting the waiver. 14.​Entire Agreement. This Agreement, including all attachments referenced in this Agreement, contains the entire agreement between the Parties with respect to the subject matter in this Agreement. Unless otherwise set forth in this Agreement, this Agreement supersedes all other agreements, whether written or oral, between the Parties with respect to the subject matter in this agreement. No amendment to this Agreement will be effective unless it is in writing and signed by both Parties. 15.​Force Majeure. In the event that either Party shall be delayed or hindered in or prevented from the performance of any act required under this Agreement by reason of acts of God, acts of the United States Government, the State of Utah Government, fires, floods, strikes, lock-outs, labor troubles, inability to procure materials, failure of power, inclement weather, restrictive governmental laws, ordinances, rules, regulations or otherwise, delays in or refusals to issue necessary governmental permits or licenses, riots, insurrection, wars, or other reasons of a like nature not the fault of the Party delayed in performing work or doing acts required under the terms of this Agreement, then performance of such act(s) shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, without any liability to the delayed Party. 16.​Assignment Restricted. This Agreement may not be assigned without prior written consent of both of the Parties. 17.​Utah Law. This Agreement shall be interpreted and enforced according to the laws of the State of Utah. 18.​Severability. The Parties acknowledge that if a dispute between the parties arises out of this Agreement or the subject matter of this Agreement, the parties desire the court to interpret the contract as follows: 18.1.1.​With respect to any provision that it holds to be unenforceable, by modifying the provision to the minimum extent necessary to make it enforceable or, if that event any provision of this Agreement is held to be invalid or unenforceable, that modification is not permitted by law, by disregarding that provision; and 18.1.2.​If an unenforceable provision is modified or disregarded in accordance with this section, by holding that the rest of the contract will remain in effect as written. 19.​Rights and Remedies Cumulative. The rights and remedies of the Parties under this Agreement shall be construed cumulatively, and none of the rights and/or remedies under this Agreement shall be exclusive of, or in lieu or limitation of, any other right, remedy or priority allowed by law, unless specifically set forth herein. 20.​No Third-Party Beneficiaries. This Agreement is entered into by the Parties for the exclusive benefit of the Parties. Except and only to the extent authorized by a Party in ​ Page 4 of 9 EXHIBIT A writing or provided by applicable statute, no creditor or third party shall have any rights under this Agreement. 21.​Authorization. The persons executing this Agreement on behalf of a Party hereby represent and warrant that they are duly authorized and empowered to execute the same, that they have carefully read this Agreement, and that this Agreement represents a binding and enforceable obligation of such Party. 22.​Time of Essence. Time is of the essence of all provisions of this Agreement. 23.​Conflict of Terms. In the event of any conflict between the terms of this Agreement and any documents referenced in this Agreement or incorporated into this Agreement by reference, including exhibits or attachments to this Agreement, this Agreement shall control. 24.​Counterparts; Electronically Transmitted Signatures. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be deemed an original, and all such counterparts taken together shall constitute one and the same Agreement. Signatures transmitted by facsimile and/or e-mail shall have the same force and effect as original signatures. WHEREFORE, the Parties have signed this Agreement on the dates set forth below. DAVIS COUNTY ​ ​ ​ ​ ​ ​ ​ _______________________________ ​ ​ ​ ​ ​ ​ ​ Lorene Miner Kamalu, Chair, ​ ​ ​ ​ ​ ​ Board of Davis County Commissioners ​ ​ ​ ​ ​ ​ ​ Date:___________________________​ ​ ​ ​ ​ ​ ATTEST: ​ ​ ​ ​ ​ __________________________​ ​ Brian McKenzie​ ​ ​ ​ Davis County Clerk The undersigned and authorized attorney of Davis County has reviewed and approved this Agreement as to proper form and compliance with applicable law. ​ ​ ​ ​ ​ ​ ​ _____________________________​ ​ ​ ​ ​ ​ ​ ​ ​ Neal Geddes ​ ​ ​ ​ ​ ​ ​ Davis County Deputy Attorney ​ Page 5 of 9 EXHIBIT A ​ ​ ​ ​ ​ ​ ​ CITY of ______________________ ​ ​ ​ ​ ​ _____________________________​ ​ ​ ​ ​ ​ ​ Print Name:​ ________________________ ​ ​ ​ ​ ​ ​ ​ ​ ​ Title:​ ______________________________ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Date: _____________________________​ ​ ​ ​ ​ ​ ATTEST: ​ __________________________ Print Name:__________________________​ ​ ​ ​ ​ Title: _______________________________​​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ The undersigned and authorized attorney of _______________________ City has reviewed and approved this Agreement as to proper form and compliance with applicable law. ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ __________________________________​ ​ ​ ​ ​ ​ ​ ​ Print Name:​ _______________________​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Title:​ _____________________________​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Page 6 of 9 EXHIBIT A EXHIBIT A (Election Costs Schedule) ​ ​ ​ ​ ​ ​ ​ Page 7 of 9 EXHIBIT A ​ Page 8 of 9 EXHIBIT A ​ Page 9 of 9 MEMORANDUM TO: Mayor & Council DATE: May 2nd, 2025 FROM: City Staff RE: West Bountiful City Polling Location and Vote Centers for 2025 Municipal Election _______________________________________________________________________________ The 2025 Municipal Election(s) will be conducted by mail, however, there will be at least one polling location set up in each Davis County city on Election Day(s) (August 12 for a primary as needed, and November 4 for the General Election) to accommodate voters who cannot vote independently on a paper ballot, did not receive a ballot in the mail, have misplaced their ballot, or choose to submit their ballot in person at a polling location. Utah State Code §20A-5-403(1)(b) states that “Each election officer shall obtain the approval of the county or municipal legislative body or local district governing board for those polling places.” The proposed polling location in West Bountiful is the West Bountiful City Hall, located at 550 N 800 West. Also, designating the polling places in each of the other Davis County cities as Vote Centers by the Council enables West Bountiful residents to vote in any of those Vote Centers on Election Day(s). Staff requests approval of City Hall, 550 N 800 West, as the West Bountiful polling location and the following list of locations as designated Vote Centers for the 2023 Municipal Election. Bountiful Library 725 South Main Street, Bountiful Centerville Library 45 South 400 West, Centerville Clearfield City Hall 55 South Main Street, Clearfield Clinton Recreation Center 1651 West 2300 North, Clinton Farmington Community Center 120 South Main Street, Farmington Fruit Heights City Hall (for General Election only) 910 South Mountain Road, Fruit Heights Kaysville Library 215 North Fairfield Road, Kaysville Davis Conference Center 1651 North 700 West, Layton North Salt Lake City Hall 10 East Center Street, North Salt Lake South Weber Family Activity Center 1181 Lester Drive, South Weber Sunset City Hall 200 West 1300 North, Sunset Syracuse Library 1875 South 2000 West, Syracuse West Bountiful City Hall 550 North 800 West, West Bountiful West Point City Hall 3200 West 300 North, West Point Woods Cross City Hall 1555 South 800 West, Woods Cross 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 WEST BOUNTIFUL CITY RESOLUTION #568-25 A RESOLUTION APPROVING THE POLLING LOCATION AND DESIGNATED VOTE CENTERS FOR THE 2025 MUNICIPAL ELECTION WHEREAS, Utah State Code 20a-5-403(1)b) requires each election officer to obtain the approval of the municipal legislative body for polling places used in municipal elections; and WHEREAS, the 2025 Municipal Election will be conducted primarily by mail, but at least one polling location will be provided in each city in Davis County on Election Day to accommodate voters who need to vote in person; and WHEREAS, West Bountiful City Hall, located at 550 North 800 West, West Bountiful, Utah, has been identified as the polling location within the city; and WHEREAS, the city council finds it in the best interest of West Bountiful residents to approve this location and to designate additional locations throughout Davis County as Vote Centers where West Bountiful voters may cast ballots on Election Day. NOW THEREFORE, BE IT RESOLVED by the City Council of the West Bountiful City that: 1. Polling Location: West Bountiful City Hall, located at 550 North 800 West, is approved as the official polling location for the 2025 Municipal Election for West Bountiful City. 2. Designated Vote Centers: The locations listed in Exhibit A, attached hereto are approved as designated vote centers for use by West Bountiful Voters on Election Day. Passed and approved by the City Council of West Bountiful City this 6th day of May 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 EXHIBIT A County Clerk Davis County Administration Building - P.O. Box 618 - Farmington Utah 84025 Telephone: (801) 451-3213 – Fax: (801) 451-3421 Brian McKenzie, CERA Clerk Approval of 2025 Polling Location and Vote Centers In accordance with 20A-5-403 the following has been designated a polling place for the 2025 Municipal Primary and General Elections for West Bountiful City and is established as a common polling place for all voting precincts within this city in accordance with 20A-5-303. 550 North 800 West, West Bountiful In addition, and in accordance with 20A-3a-703, the following are designated as Election Day voting centers, so long as the cities in which these buildings are located, are required to hold an election. Bountiful Library 725 South Main Street, Bountiful Centerville Library 45 South 400 West, Centerville Clearfield City Hall 55 State Street, Clearfield Clinton Recreation Center 1651 West 2300 North, Clinton Farmington Community Center 120 South Main Street, Farmington Fruit Heights City Hall 910 South Mountain Road, Fruit Heights Kaysville Library 215 North Fairfield Road, Kaysville Davis Conference Center 1651 North 700 West, Layton City of North Salt Lake City Hall 10 East Center Street, North Salt Lake South Weber Family Activity Center 1181 Lester Drive, South Weber Sunset City Hall 200 West 1300 North, Sunset Syracuse Library 1875 South 2000 West, Syracuse West Bountiful City Hall 550 North 800 West, West Bountiful West Point City Hall 3200 West 300 North, West Point Woods Cross City Hall 1555 South 800 West, Woods Cross WEST BOUNTIFUL Page 1 of 4 CITY COUNCIL MEETING April 15, 2025 1 PENDING – Not Yet Approved 2 3 Minutes of the West Bountiful City Council meeting held on Tuesday, April 15th, 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 Steve Doxey (City Attorney), Brandon Erekson (Chief of Police), Steve Maughan 12 (Public Works Director), Kris Nilsen (City Engineer), and Remington Whiting (City 13 Recorder) 14 15 PUBLIC: 16 17 EXCUSED: Duane Huffman (City Administrator) 18 19 Mayor Romney called the meeting to order at 7:33 pm. Kelly Enquist gave an invocation, and the 20 Pledge of Allegiance was led by Mark Preece. 21 22 1. Approve Agenda 23 24 MOTION: James Ahlstrom made a motion to approve the agenda with removal of item 25 5. Mark Preece seconded the Motion which PASSED by unanimous vote of 26 all members present. 27 28 2. Oath of Office – West Bountiful Police Officer Joao Da Luz 29 30 31 3. Public Comment 32 33 Eric and Lucille Eastman – 620 W 1950 N – The Eastmans asked for input regarding lights 34 that had recently been installed on the city park bowery. The idea of potentially allowing the 35 youth city council and the public to have access during certain activities was discussed. 36 37 4. Consider Award of 1100 W Project 2025 (sidewalk and street widening on the east side 38 from 230 N – 400 N). 39 40 Mayor Romney explained that numerous requests had been received over the past year to 41 install a sidewalk along a portion of 1100 W. He noted that this would complete the last 42 remaining section of sidewalk on the east side from 500 South to 400 North. He explained that 43 city staff and council members will meet with affected property owners to discuss ways to 44 minimize impacts. Mayor Romney also stated that two grants are being used to fund the 45 project. The possibility of compensating the residents for lost trees and other impacts was 46 discussed. Kris emphasized that no trees outside the ROW would be damaged or removed. WEST BOUNTIFUL Page 2 of 4 CITY COUNCIL MEETING April 15, 2025 47 Mayor Romney concluded by stating that completing the project now would improve city 48 safety and that it would be more cost-effective to proceed while the grant funding is available. 49 50 Robin Williams – 380 N 1100 W – Shared concern over the fact that the city would award the 51 bid before discussing potential impacts and resolutions with property owners. Mayor Romney 52 assured her that the city would immediately contact her to discuss issues. 53 54 Josh Johnston - 350 N 1100 W – Mr. Johnston began by stating his concern after he had 55 review the copy of the grants that he had GRAMA requested from the city. He believes one of 56 the grants comes from taxpayer dollars from around the city, and he asked the council to 57 reconsider the project so that their tax dollars wouldn’t be used. He also expressed his concern 58 over the grant application included funding to purchase land from residents in order to 59 complete the project. Kris explained that while applying for a grant, it is typical to include that 60 possibility for funding purposes, but it is not necessary in this case. Mr. Johnston also asked 61 for documentation and evidence of the right-of-way, as well as a study to show pedestrian 62 volume on that street. Mayor Romney discussed the potential of conducting surveys to show 63 where the property lines were located. Mr. Johnston concluded by expressing his frustration, 64 stating that the residents were not properly notified and that the slope of his driveway could 65 potentially cause flooding because of the project. A fellow resident said that this would not be 66 an issue, citing a prior experience with the city engineer, and the great work he had done. 67 68 Julie Hill – 330 N 1100 W – Ms. Hill expressed concern over drainage issues caused by the 69 project and asked how it would be prevented. Kris explained that he and Steve Maughan had 70 accounted for this and had shown it in the current designs. Steve, Kris and Mayor all 71 discussed the location of storm drainpipes and drain boxes. She also asked what type of 72 liability insurance would be implemented to ensure that damage to the home would be 73 covered, and it was recommended by Mayor Romney that she take pictures. They ensured Ms. 74 Hill that the drain would be left better than its original condition. 75 76 Jessica Johnson – 362 N 1100 W – Shared her concern over the safety over her children 77 because of the short distance between the road and the front of her home. Mayor Romney 78 reemphasized that city staff would work to offset impacts to residents. 79 80 The deadline for the grants was discussed, and Kris explained that the deadlines could be 81 extended. 82 83 Council member Butterfield expressed his opinion that doing this now would save the city 84 quite a bit of money, while also expressing the idea that the residents of the city should be 85 represented. He stated that delaying the project would cost the city more money and would 86 eventually be done either way. 87 88 89 MOTION: Mark Preece made a motion to Award of 1100 W Project 2025 to Post 90 Construction for 363,578.00. Kelly Enquist seconded the motion. 91 92 The vote was recorded as follows: WEST BOUNTIFUL Page 3 of 4 CITY COUNCIL MEETING April 15, 2025 93 James Ahlstrom – Aye Dell Butterfield – Nay 94 Kelly Enquist – Aye 95 Mark Preece - Aye 96 97 5. Meeting Minutes from April 1st, 2025. 98 99 MOTION: Mark Preece made a motion to approve the minutes from April 1st, 2025. 100 Dell Butterfield seconded the motion which PASSED by unanimous vote of 101 all members presents. 102 103 104 6. Staff Reports 105 106 Police – Brandon Erekson 107 • Officer Joao Da Luz was sworn in, and they are excited to have them as their newest officer. 108 He was a police academy student of Chief Erekson. 109 • Two potential officers have received tentative offers. 110 • Dell Butterfield expressed appreciation for the police department. 111 Public Works – Steve Maughan: 112 • Starting to apply fertilizer and other grass treatments. 113 • The fluoride system has been disconnected. 114 • Spring cleanup last weekend was a success. 115 • 660 W project is still ongoing and continues on schedule. 116 Engineering – Kris Nilsen: 117 • Application for Belmont Farms was received for a 19 lot PUD Subdivision. Staff will begin 118 the review process. 119 • An updated package has been submitted for Highgate 2. 120 • Will begin to work on 1100 W contract documents. 121 Community Development – Remington Whiting: 122 • Building permits continue to be reviewed, and new submittals have slowed down. 123 • Will be focusing on Code Enforcement with the weather warming up. 124 • Continues to prepare for the election. 125 126 7. Mayor/Council Reports 127 Ken Romney: 128 • Wasatch Integrated is hiring a new director, and candidates are in the final stages of the 129 interview process. 130 James Ahlstrom: 131 • Nothing to report. 132 Dell Butterfield: 133 • The planning commission had 2 Conditional Use Permits to review and they were both 134 approved. 135 • The Recreation District Board met last night and it is projected that the center should make 136 $500,000 this year, which is comparable to pre-covid revenue. 137 Kelly Enquist: 138 • The Arts Council held their young artists’ concert last Friday. WEST BOUNTIFUL Page 4 of 4 CITY COUNCIL MEETING April 15, 2025 139 • The Arts Council will hold a Mother’s Day tribute on May 9th. 140 • The mosquito abatement allows for residents to request areas to be sprayed. They recently 141 finished their elementary school education program last week. 142 Jenn Nielsen: 143 • The YCC Easter Egg Scramble will take place on April 19th. 144 Mark Preece: 145 • A Sewer District meeting was held earlier this month. Opal has taken over the operations of 146 the food waste operation. 147 • North Plant is going according to plan, but the generators are still a work in progress. 148 149 8. Adjourn 150 151 MOTION: James Ahlstrom made a motion to adjourn the meeting of the West 152 Bountiful City Council. Jenn Nielsen seconded the motion which PASSED 153 by unanimous vote of all members present. 154 155 ---------------------------------------- 156 157 The foregoing was approved by the West Bountiful City Council by unanimous vote of all members 158 present on May 6th, 2025. 159 160 161 162 Remington Whiting, City Recorder

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