City Council Mtg

WEST BOUNTIFUL CITY Mayor City Administrator Kenneth Romney Duane Huffman City Recorder City Council 550 North 800 West Cathy Brightwell West Bountiful, Utah 84087 James Ahlstrom City Engineer James Bruhn Phone (801) 292-4486 Kris Nilsen Kelly Enquist FAX (801) 292-6355 Mark Preece Public Works Director www.WBCity.org Rodney Wood Steve Maughan THE WEST BOUNTIFUL CITY COUNCIL WILL HOLD ITS REGULAR MEETING AT 7:30 PM ON TUESDAY, JULY 20, 2021 AT THE CITY OFFICES, 550 N 800 WEST AGENDA: Invocation/Thought – Rod Wood; Pledge of Allegiance – Mark Preece 1. Approve Agenda. 2. Public Comment - two minutes per person, or five minutes if speaking on behalf of a group. 3. Request to Name Sand Volleyball Courts at City Park “Spiker Sands” in Honor of Olympian Jake Gibbs. 4. Request for Impact Fee Waiver – Becky Johnson, 567 W Pages Lane. 5. Resolution 445-21, A Resolution Amending WBMC 12.24 Related to Dogs at City Parks. 6. Proposal for Emergency Connection to West Bountiful Water System for Lakeside Golf Course. 7. Meeting Minutes from June 15, 2021. 8. Staff Reports – Police, Public Works, Engineering, Community Development, Administration. 9. Mayor/Council Reports. 10. Closed Session for the Purpose of Discussing Items Allowed Pursuant to UCA § 52-4-205. 11. Adjourn. This agenda was posted on the State Public Notice website, the City website, emailed to the Mayor and City Council, and provided to the Davis Journal on July 16, 2021. What am I proposing? Proposing a dual-post sign placed just in front of the light posted on the west side of the sand volleyball courts and name the sand courts "Spiker Sands." We want to pay tribute to Jake Gibb in a way that respects West Bountiful city's funds and will not require much maintenance over the years. Why are we proposing the sign? We have a unique opportunity to pay tribute to an Olympic Athlete whose professional beach volleyball started playing in the sand courts at West Bountiful Park. The sign will pay tribute to Jake's remarkable career since 2002. It will raise awareness for other upcoming players that they can reach dreams through hard work and determination. Location/Price: Court Name: "Spiker Sands" tribute to Jake "spiker' Gibb Place: Just in front of the light post on the park's west side in between the two benches. Visible to see from the Parking lot but small enough not to take away from the park design. Price: $250-$500 depending on size and materials (aluminum). Funding: Mostly through private donation, but we'd accept any contribution from the city. "PUT EVERYTHING OUT THERE!!" Who is Jake "Spiker" Gibb Jake and his twin brother Coleman and the youngest of 10 siblings. Born and raised in Bountiful, Utah. Graduate from Bountiful High in 1994. Served a mission and earned a degree in Business from the University of Utah. While growing up in Bountiful, he played golf, basketball, and hours of backyard volleyball. It wasn't until he was 21 that he really started to play beach volleyball in West Bountiful that he starts to feel a desire to pursue his goal to play on the AVP. In 2000, Jake and his wife moved to California to compete in different tournaments to gain a spot on the AVP tour. In 2005, Jake and his partner won his first AVP tournament, and like they say, "the rest at this point in history." From his days playing Vball, Jake has won over 34 different championship titles on the AVP tour. This year he will be joining Team USA in Tokyo, playing in his fourth Olympics (Beijing, London, & Brazil). He is a two-time cancer survivor raising awareness for testicular and skin cancer. Jake is an amazing Son, Brother, Husband, Father, Friend, and Profession Beach Volleyball player from Bountiful, Utah. Jake plans to retire from the AVP at the end of this season, giving him time to travel back to Utah to visit his family and the courts where it all started. Links: Facebook; Jake's "Last Dance" Tokyo Olympic Games 2021 https://www.youtube.com/watch?v=THZ5Vixldnc  MEMORANDUM TO: Mayor and City Council DATE: July 14, 2021 FROM: Duane Huffman, City Administrator RE: Request for Impact Fee Waiver – 567 W Pages Lane _______________________________________________________________________________ This memo introduces the attached request for a waiver of the culinary water impact fee for Becky Johnson at 567 W Pages Lane. Ms. Johnson’s letter explains the reasons for the request, and she is planning to attend the upcoming meeting to address the council and answer any questions. Background Information • Current culinary water impact fee (3/4” meter): $5,804 (2008) • Current water connection fee (3/4” meter): $200 • Generally, water impact fees are paid at the time of building permit. • Staff is currently working to determine how many homes are currently not connected to the water system, but it is likely less than 15. City Code: 3.22.040(A)(2): Adjustments. The standard impact fee may be adjusted at the time the fee is charged to respond to unusual circumstances in specific cases; or a request for a prompt and individualized impact fee review for the development activity of the state, a school district, or a charter school and an offset or credit for a public facility for which an impact fee has been or will be collected; and to ensure that impact fees are imposed fairly. Options the council may consider: A. Waive all or a portion of the impact fee based on specific findings to respond to unusual circumstances. In this case, the council should consider how it would treat other existing properties not currently connected, as well as fairness for new home builders. B. Allow the resident to pay the fee over a period of time. For example, the impact fee stretched out over two years would be roughly $241.83 a month. In this case, staff recommends an agreement outlining the terms, including requiring the fee be paid in full if the property is sold prior to the fee being paid in full. C. Deny the request. Dear Council Members, The reason I am writing today is because I have been trying to get clean water to my home and the financial impact has been severe. I understand that there is an impact fee of around $5000, as well as the cost for the meter. I would like to provide some background on my situation since buying my home and ask that this be re-considered for my property. I moved to West Bountiful from Salt Lake in February to provide better opportunities for my daughter in a more family friendly area, as I am a single parent. Before purchasing our new home, I had a full inspection done; however, the inspector was not familiar with wells, so we at least tested the water quality. We determined it was extremely hard water and would require a softener, as it was already staining the tubs and sinks and would cause damage to other appliances. This was an investment of about $2800 for the system (that included extra filtration options) to fix the issue. I also purchased a home warranty and specifically added the well pump to the policy which was $550. Soon after, the booster pump burned out and I was completely without water. I had an emergency plumbing company come assess and the booster pump had burned out and caused burn marks on the wall. They were able to quickly replace this, but the home warranty company denied the claim, resulting in $4900 emergency plumbing fee. Once that was replaced, it was determined that the well is running dry and at times no water is coming in, which is what caused the booster pump to fail. Unfortunately, the water quality has been very bad due to the low water level, so I’ve tried every type of filter and even installed a UV filter with no success. I need clean water running to my home, so I contacted the city and was informed the next step would be to have the plumbing completed from my property line into the home. Since the well is in the back of the house, all of the main lines come in at the very back, so the plumbing company had to bring a new line in the front and through the house. The culinary water was already stubbed in my front yard and ready to go but the cost to bring it into the home and once again fix all the lines so they would tie into the culinary line was $7500. I did have the plumber design it so that the well is connected to the sprinkler system, so I am not utilizing culinary on my yard. I also checked with Weber Basin to see if I could get secondary, but they said it would require tearing up the newly paved Pages Lane and that would likely get denied or be extremely expensive. I am planning on an environmentally friendly landscape design with rock and shrubs and trees to reduce water consumption as well. I hope you can appreciate that I have tried all resources and can understand the painful process this has been. I am asking for consideration in waiving the impact fee and just charging for the meter and water usage going forward. Thank you for your time. Sincerely, Becky Johnson 567 W Pages Lane  MEMORANDUM TO: Mayor and City Council DATE: July 14, 2021 FROM: Duane Huffman, City Administrator RE: Dogs at City Parks – Draft Ordinance 445-21 _______________________________________________________________________________ Mayor Romney requested that the topic of dogs at city parks be on the agenda for discussion and potential action at the July 20th city council meeting. This is a result recent and on-going issues of dog waste, dogs off- leash, and other health and safety issues. For the discussion, staff has drafted the attached ordinance that offers two options related to dogs at city parks: A. Dogs prohibited at all city parks; B. Dogs prohibited at the main City Park and allowed on-leash at other city parks. The draft does make clear that any prohibition is not applicable for service animals. The draft does not prohibit dogs from city trails. Following council consideration, staff can make any additional changes or clarifications to future drafts. Finally, staff believes that current city codes allows the city to prohibit dogs from special events at city parks. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  WEST BOUNTIFUL CITY ORDINANCE #445-21 AN ORDINANCE AMENDING WBMC 12.24 RELATED TO DOGS AT CITY PARKS WHEREAS, Utah Code Annotated § 10-8-9 grants authority to the West Bountiful City Council to establish, maintain, and provide for the supervision of public playgrounds and recreation places; and, WHEREAS, the West Bountiful City Council desires to update practical regulations for the peace and safety of parks: NOW, THEREFORE BE IT ORDAINED BY THE WEST BOUNTIFUL CITY COUNCIL THAT THE FOLLOWING SECTIONS OF WEST BOUNTIFUL MUNICIPAL CODE BE MODIFIED AS SHOWN 12.24.010 Regulations On Use 1. The regulations of this section apply to any park, trail, trailhead, golf course, or other green space open to the public, including parking lots on such property, that is owned, operated, or maintained by the city. In addition to these regulations on use, the city council may by resolution set policies related to the rental of facilities and any associated fees. 2. These regulations do not apply to city employees or authorized volunteers in the course of approved city business. 3. The city administrator, police chief, or city council may grant exceptions to waive these regulations. Such exceptions must be made in writing, and any made by the city administrator or police chief must be immediately provided to the city council. 4. In addition to these regulations, the city administrator, police chief, or designee may temporarily close an area or curtail activities when he/she has deemed it to be in the best interest of public safety, conduct, health, or order. Such actions must immediately be reported to the city council. 5. Any person violating any of these regulations shall be guilty of an infraction. Each violation shall be a separate offense. 6. The regulations are: 1. No persons are permitted during posted "closed' hours. 2. Camping or sleeping overnight is prohibited. 3. Dogs must be leashed. EXCEPT FOR SERVICE ANIMALS, NO PERSON OWNING OR HAVING THE CARE, CUSTODY, POSSESSION, OR CONTROL OF A DOG SHALL PERMIT OR ALLOW SUCH DOG TO ENTER OR REMAIN (option A) IN ANY PARK (option B) AT THE CITY PARK LOCATED AT 550 W 1600 N AND MUST BE LEASED AT ALL OTHER 1  PARKS. It is the duty of the person who owns or possesses a leashed dog to keep the animal under control at all times, and to immediately remove and dispose of dog feces or other waste. 4. Except as lawfully permitted at Lakeside Golf Course, the sale, consumption or possession of intoxicating liquors or beverages and dangerous or narcotic drugs, or gambling of any kind is prohibited. 5. No person shall cut, break, ,move, take or otherwise injure, destroy or deface any trees, shrubs, plants, turf, rock or any building, fence, bridge, sign or other structure or leave waste items or rubbish of any kind. 6. No person shall discharge or set off any fireworks, firecrackers, or explosives. 7. No person shall set a trap or snare, or shoot, injure, annoy, disturb or poison any wild animal or bird, or injure or destroy any nest, 8. No person shall ride in or drive any motor vehicle or other device which is self- propelled except upon designated roads or parking lots. Abandoned vehicles shall be towed at owner's expense. 9. Except on posted trails, no horses, cattle, livestock, and domestic animals other than dogs are allowed. 10. Practicing or playing golf, archery is prohibited. 11. Smoking of any kind is prohibited. Adopted this 20th day of July, 2021. This ordinance will become effective upon signing and posting. By: __________________________________ Ken Romney, Mayor Voting by the City Council: Aye Nay Councilmember Ahlstrom Councilmember Bruhn Councilmember Enquist Councilmember Preece ____ Councilmember Wood ____ Attest: ________________________________ Cathy Brightwell, City Recorder 2  MEMORANDUM TO: Mayor & Council DATE: July 15, 2021 FROM: Staff RE: Emergency Water Connection to Lakeside Golf Course __________________________________________________________________________ This memo introduces a proposal to connect the irrigation system at Lakeside Golf Course to the West Bountiful City water system. Background The irrigation system at Lakeside Golf Course is supplied with secondary water from Weber Basin Water Conservatory District. While the city has a certain allotment, it is contingent on the water being available. The regular season for this water is April 15 – October 15. Due to the current drought, we began the season with a 20% decrease in our secondary water allotment, with the expectation that the water season will be shortened to October 1. We have been told by Weber Basin that the season could be shortened into September as drought conditions worsen. If we lose water before the middle of September, the course will likely lose fairways, tees, and greens. Understanding the need to conserve water, Lakeside began the season with a water management plan (attached). We are currently on schedule to meet the water reduction goals. While the course will see aesthetic impacts from less water like the browning of turf, it is critical that we not allow the death of turf, especially on greens, tees, and fairways. For example, if a green is lost and the course replaces it with sod, we would likely lose play on that green for 1.5 months and spend $75K-$100K on sod. If it is replaced with seed, we would lose 150 days of play for re-growth during peak playing season. Loss of play on greens would significantly alter course revenue. If the course used all of its resources to keep greens alive, we would risk significant loss on tees and fairways, which would also result in months for re-growth, essentially losing a season of play, as well as tens of thousands in seed costs. This is the primary reason that this emergency connection proposal includes a connection large enough to keep the full course alive. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Emergency Water Connection In anticipation of secondary water becoming unavailable at a point in the year where water would still be critical to keeping turf alive, staff explored options related to connecting the irrigation system to the city’s water system. Such a connection would continue to benefit the course if the drought continues in the coming years and could also serve in emergency situations when Weber Basin has a broken water line or maintenance to their system. The proposal is for a 6” connection coming off of 975 W and approximately 812 N. This connection would require a vault for the meter and backflow protection. In reviewing design options, a smaller connection would not supply the needed pressure to fully operate the system. The cost estimate for this proposal is $104,000. This includes a 15% contingency. Staff believes the self-performing as much work as possible could lower the total cost to $70,000, but manpower will be a challenge. Staff believes that this proposal should be viewed as a long-term investment in the course, giving the city more control in the ability to protect the primary asset. The Golf Course Fund is currently projected to have $290,000 in available funds. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  2021 LAKESIDE GOLF COURSE WATER MANAGEMENT PLAN A few facts about our irrigation system. We have 877 irrigation stations we operate and approximately 950 total irrigation heads. Each one of these heads sprays an 85-foot radius circle. The system is design to work in a triangulated spacing system, meaning any one area of turf on the course is affected by at least 3 irrigation heads. Each of our irrigation heads is individually controlled by an electric valve, which gives us great control of our water. In the years before our irrigation system upgrade one station would activate three different heads, and it was far more difficult to control the even application of water. Our system operates at 100 PSI and in the summer months takes 8-10 hours to complete an irrigation cycle of the full course. • No Mow/ Native Grass areas have been added to the course, expanding these areas to approximately 4 acres of out of play turf areas that have been removed from irrigation. These areas include the left side of #8 fairway, left of #10 tee, the area in between #10 green and #15 tee has been expanded, left side rough on # 15, left side rough on #17 and the area in between #18 fairway and #17 lady’s tee. • We have converted 32 full circle irrigation heads to part circle heads. These heads would have been watering our No Mow areas but now will only be watering the in-play areas. • 10 heads have been removed from the programing to not water at all. • A wetting agent will be applied to the fairway and teeing surfaces to help retain moisture in the soil so that we can reduce the applied irrigation and still maintain a playable surface. • Hand watering of dry spots is going to increase to save water by applying water to the dry areas specifically rather than the area that an irrigation head covers. • Throughout the season we will continue to monitor the efficiency or our system and adjust where we need to • We will not water between the hours of 10 A.M and 6 P.M. unless we need too. This will be a tough one to accomplish, and the need to test irrigation and fix problems will always arise and we may need to accomplish these tasks during the no water period. But all efforts will be made to avoid watering in these times. • Additionally, all areas of the golf course irrigation will be reduced to help reach the goal of 20% reduction in water. In conclusion, this is going to be a bit of a rough year for the visual aspect of the golf course. This reduction in water will have its effect and the maintenance team will do everything it can to keep the turf alive while meeting the reduction goal. We start off every year with 264.6-acre feet of water. This year that number is reduced to 205.8-acre feet of water. We have not seen a year where we have used that little of water. This reduction will be felt and we should all understand that going into this golf season  COST ESTIMATE GOLF COARSE 6" IRRIGATION CONNECT FROM CITY WATER SYSTEM IN 975 WEST DATE 7-14-2021 Unit of ITEM SITE WORK QTY Measure Unit Cost Total 1 6" to 12" structural fill 23 TON $25.00 $567.21 2 8" road base 25 TON $25.00 $625.00 3 4" asphalt 15 TON $90.00 $1,350.00 4 Remove or Protect existing Gate and Fence 25 LF $25.00 $625.00 5 Remove and Replace Storm Drain Ditch 25 LF $50.00 $1,250.00 6 Remove and Replace Golf Coarse Path Asphalt Surface 450 SF $3.25 $1,462.50 7 Remove and Replace Golf Coarse Landscape 520 SF $2.25 $1,170.00 SITE WORK SUBTOTAL $7,049.71 Unit of VAULT QTY Measure Unit Cost Total 8 Materials - Precast Concrete Vault (6'W x 10'L x 7'H) 1 EA $12,000.00 $12,000.00 9 Excavate and Remove exist. Material in street for vault and haul away. 1,788 CF $6.00 $10,728.00 10 Installation - Precast Concrete Vault 1 EA $5,400.00 $5,400.00 11 Vent (pipe to surface) 1 EA $1,200.00 $1,200.00 12 Access Port with Steps 1 EA $500.00 $500.00 13 Concrete Collar at Access Port 1 EA $350.00 $350.00 14 Sump pit / Drain 1 EA $750.00 $750.00 15 Drain Pump line to discharge 1 EA $750.00 $750.00 VAULT SUBTOTAL $31,678.00 Unit of IRRIGATION IN VAULT QTY Measure Unit Cost Total 16 6" C-900 pvc 10 LF $87.50 $875.00 17 6" Mag Meter 1 EA $4,500.00 $4,500.00 18 6" RPZ/ Back Flow 1 EA $3,500.00 $3,500.00 19 6" Dismantling Joint 1 EA $1,000.00 $1,000.00 20 Thrust Block 2 EA $1,200.00 $2,400.00 21 All fittings Ceramic Coated 5 EA $150.00 $750.00 22 Hose Faucet 1 EA $350.00 $350.00 IRRIGATION IN VAULT SUBTOTAL $13,375.00 Unit of IRRIGATION TO EXISTING GOLF COARSE QTY Measure Unit Cost Total 23 6" Valve 1 EA $2,700.00 $2,700.00 24 6" C-900 pvc 112 LF $70.00 $7,840.00 25 Connect to existing 6" NON-PVC pipe - Coupler 2 EA $1,000.00 $2,000.00 26 Connect to existing 6" Golf Coarse System pipe - Spool (coupler to Tee) 2 EA $250.00 $500.00 27 Tee C-900 PVC 1 EA $2,000.00 $2,000.00 28 Thrust Block 2 EA $1,200.00 $2,400.00 IRRIGATION TO EXISTING GOLF COARSE SUBTOTAL $17,440.00 Unit of IRRIGATION FROM EXISTING CITY SYSTEM TO VAULT QTY Measure Unit Cost Total 29 6" Valve 1 EA $2,700.00 $2,700.00 30 6" C-900 pvc 30 LF $85.00 $2,550.00 31 Connect to existing 6" NON-PVC pipe - Coupler 2 EA $1,000.00 $2,000.00 32 Remove existing Thrust Block 1 EA $300.00 $300.00 33 Remove exiting plug 1 EA $150.00 $150.00 34 Thrust Block 1 EA $1,200.00 $1,200.00 35 IRRIGATION FROM EXISTING CITY SYSTEM TO VAULT SUBTOTAL $8,900.00 Unit of ELECTRICAL, CLIMATE CONTROL and SCADA QTY Measure Unit Cost Total 36 Meter 1 EA $1,200.00 $1,200.00 37 Service (pole and underground) 1 LS $3,200.00 $3,200.00 38 Dehumidifier 1 EA $1,000.00 $1,000.00 39 Light (inside vault) 1 EA $1,000.00 $1,000.00 40 110 V Outlet 1 EA $250.00 $250.00 41 Heater 1 EA $500.00 $500.00 42 SCADA 1 EA $3,000.00 $3,000.00 43 Drain Pump 1 EA $750.00 $750.00 ELECTRICAL, CLIMATE CONTROL and SCADA SUBTOTAL $10,900.00 Unit of Misc. Items QTY Measure Unit Cost Total 44 SWPPP 1 LS $500.00 $500.00 45 Testing, pressure and Bacteria 1 EA $750.00 $750.00 . SUBTOTAL $1,250.00 SUB-TOTAL WORK AMOUNT COST ESTIMATE $90,592.71 PROJECT TOTAL CONTINGENCY 15.00% $13,588.91 PROJECT TOTAL COST ESTIMATE $104,181.62  10 9 11 7 2 1 3 8 2 6 6 4 5 5 GRAPHIC SCALE 0' 5' 10' 20' 30' Scale: 1"=10' 550 North 800 West West Bountiful, UT 84087 Office:801.292.4486 Fax:801.292.6355 www.wbcity.org  WEST BOUNTIFUL Page 1 of 7 CITY COUNCIL MEETING June 15, 2021 1 PENDING – NOT YET APPROVED 2 3 Minutes of the West Bountiful City Council meeting held on Tuesday, June 15, 2021, at West 4 Bountiful City Hall, 550 N 800 West, Davis County, Utah. 5 6 MEMBERS: Mayor Ken Romney, Councilmembers James Ahlstrom, James Bruhn, Kelly Enquist, 7 Mark Preece, and Rod Wood. 8 9 STAFF: Duane Huffman (City Administrator), Steve Doxey (City Attorney), Steve Maughan, 10 (Public Works), Chief Brandon Erekson, Cathy Brightwell (City Recorder), Kris 11 Nilsen (City Engineer), Dallas Green (Golf Director) 12 13 PUBLIC: Alan Malan, Rick & Lori Ferlin, Richmond Thornley 14 15 Mayor Romney called the regular meeting to order at 7:30 pm. Kelly Enquist offered a thought, and 16 the Pledge of Allegiance was led by Rod Wood. 17 18 1. Approve the Agenda. 19 20 MOTION: James Ahlstrom made a motion to approve the agenda. Mark Preece 21 seconded the Motion which PASSED by unanimous vote of all members 22 present. 23 24 2. Public Comment. 25 26 There were no public comments. 27 28 3. Ferlin 1-Lot Subdivision at 924 W 2200 North, Including a Deferral Request for Public 29 Improvements and Secondary Water. 30 31 Kris Nilsen reviewed the history of this request. The Ferlin’s have applied for a 1-lot subdivision at 32 924 W Porter Lane. The lot meets the required A-1 zoning requirements for size and frontage. 33 34 The land under consideration was originally part of a larger parcel owned by Jeff and Paul Tingey. 35 In 2015 the Tingeys submitted a subdivision application to divide the larger parcel into two, but 36 quickly discontinued the process and instead filed an improper lot line adjustment with the county 37 to connect the eastern half of the property to a lot owned by Mr. Paul Tingey in the adjacent 38 Birnam Woods Subdivision. Based on comments made by the Tingeys at the time, this was clearly 39 done to avoid the subdivision process and the associated fees and required improvements. Due to 40 this action, the city considers the parcel to the east (and Mr. Tingey’s lot in Birnam Woods) to 41 have an illegal status. The land remaining on the west side of the parcel is what is now owned by 42 the Ferlin’s. 43 44 In 2018 the Ferlins made application and the planning commission approved a conditional use for 45 a flag lot, and the city council approved a final plat for a 2-lot subdivision for this property. 46 Conditions for approval included extending secondary water to the development, water rights  WEST BOUNTIFUL Page 2 of 7 CITY COUNCIL MEETING June 15, 2021 47 deeded to the city or payment of water right fees, installation of a streetlight, and payment of 48 impact and inspection fees. Also, included was a deferral of curb, gutter, sidewalk and associated 49 improvements as there was no existing curb immediately adjacent to the proposed development. 50 This process helped this property to obtain a legal status after the improper Tingey lot line 51 adjustment. However, the Ferlin’s did not proceed to meet the conditions imposed for the 52 subdivision, so a final plat was never recorded, and the subdivision approval has expired. 53 54 The Ferlins have abandoned their plans for a 2-lot subdivision with a flag lot, and now wish to 55 place a single home on their 2.4 acres. Due to the unique history of the property, legal counsel has 56 offered as an option the concept of a “1-lot” subdivision to allow the parcel to be legitimized as a 57 lot. Under this scenario, the Ferlins must meet all the minor subdivision requirements and record a 58 Record of Survey with the City’s written approval under WBMC § 16.16.020.F and LUDMA 59 Section 10-9a-605(1). They have asked for a deferral of the public improvements associated with 60 curb, gutter and sidewalk, and a deferral to install secondary water. 61 62 The planning commission reviewed the application and recommended approval with a deferral of 63 curb, gutter, sidewalk and associated improvements. They did not recommend granting the deferral 64 of secondary water improvements. 65 66 Council member Wood asked for an explanation of how a deferral works and at what point does the 67 city call a deferral due? It was explained that the city has historically granted deferrals in situations 68 where there are no adjacent improvements. The Extension for Off-Site Improvements Agreement 69 typically allows property owners 120 days after the city makes written request that the 70 Improvements must be installed. 71 72 There was discussion that the city might want to pay for the improvements fronting the Tingey 73 property and file a lien for reimbursement. This would allow improvements (curb, sidewalk) to 74 continue from Birnam Woods subdivision west across the Tingey and Ferlin properties. There was 75 some concern about whether the city has the authority to do public improvement and then place a 76 lien on the property. Mr. Doxey suggested that the city could give Mr. Tingey Notice that 77 improvements are necessary and if he does not complete them, the city can lien the property. 78 79 The Ferlins have been in talks with Weber Basin about how to meet the secondary water 80 requirement. Weber Basin has indicated that the secondary water line must be extended from the 81 west and cross the entire property rather than just connecting at the nearest corner even though there 82 are no plans for the line to connect to existing water lines on the east due to separate pressure 83 systems. 84 85 In response to questions, Rick Ferlin explained that he worked with Ben White, previous city 86 engineer, for a couple of years as they went through their due diligence on the property. He 87 understood that the Tingey property was considered an illegal lot, but he never understood that his 88 property was not considered a legal building lot. He said they thought it would be nice to create a 89 flag lot for their kids if they wanted it but the costs for the subdivision were too high. They have now 90 decided to just go forward with building their home. A month after filing for a building permit this 91 past April, they were surprised to find out their property was not a legal building lot, and they would 92 be required to meet the same conditions required for a subdivision before the building permit would 93 be issued. They have since requested deferrals of the street public improvements and secondary  WEST BOUNTIFUL Page 3 of 7 CITY COUNCIL MEETING June 15, 2021 94 water connection. He added that if a standard deferral is not granted for the secondary water, they 95 request a delay so they can complete construction on their home before they must pay these 96 additional expenses. 97 98 Mr. Huffman stated that the city has always been clear on the history of the property, and that the 99 improvements are triggered not just by subdivision but also by building permits. 100 101 Mr. Ferlin responded that there was clearly a misunderstanding about what was required. They did 102 not understand the conditions for a subdivision would also be required for a building permit. If they 103 had known, they would likely have moved forward to complete the subdivision. They believed their 104 current option was a less expensive way to get their home built. 105 106 Mayor Romney noted that the city needs to provide direction so they can get going on construction 107 and suggested a time period be included for secondary water completion. He indicated that he has 108 some sympathy for the Ferlins based on the confusion and resulting delays. He offered to put Mr. 109 Ferlin in contact with Weber Basin decision makers to clarify their requirements. 110 111 MOTION: Rod Wood made a Motion to Approve the Ferlin 1-Lot Subdivision subject 112 to: 1) compliance with the conditions listed in the staff memo, 2) deferral of 113 street improvements with the standard Extension for Off-Site Improvements 114 Agreement, and 3) Secondary Water Connection is Deferred to the 115 Beginning of the 2023 Building Season. James Ahlstrom seconded the 116 Motion which PASSED by a vote of 4-1 with Council member Bruhn voting 117 Nay. 118 119 4. Resolution 496-21, A Resolution Implementing 2021 Watering Restrictions. 120 121 This Resolution mirrors the Watering Restrictions imposed by Weber Basin for outside watering 122 during the drought. 123 124 MOTION: Rod Wood made a Motion to Adopt Resolution 496-21 Implementing 125 Watering Restrictions for 2021. Mark Preece seconded the Motion which 126 PASSED by a vote of 4-1 with Council member Bruhn voting Nay. 127 128 James Ahlstrom – aye James Bruhn – nay 129 Kelly Enquist – aye Mark Preece – aye 130 Rod Wood – aye 131 132 5. Resolution 497-21, A Resolution Reaffirming Culinary Water Rates. 133 134 The current culinary water rates are set to expire on July 1, 2021. The city council has determined 135 that a water study should be conducted to review the projected operational, capital, and debt service 136 needs of the water system. Until the study can be completed, it is appropriate to reaffirm the current 137 rates. Components of the rate have been shifted with the total rate paid by residents remaining the 138 same. 139  WEST BOUNTIFUL Page 4 of 7 CITY COUNCIL MEETING June 15, 2021 140 There was discussion about the need to move forward with the study quickly to fix any rate 141 inequities between residential and commercial customers. 142 143 MOTION: James Ahlstrom made a Motion to Adopt Resolution 497-21 Reaffirming 144 Culinary Water Rates. Rod Wood seconded the Motion which PASSED by 145 unanimous vote of all members present. 146 147 James Ahlstrom – aye James Bruhn – aye 148 Kelly Enquist – aye Mark Preece – aye 149 Rod Wood – aye 150 151 6. Resolution 498-21, A Resolution Enacting the Second Amendment to the Fiscal Year 152 2020-2021 Budget. 153 154 The proposed Amendments to the FY 2020-2021 have been discussed in previous meetings. There 155 are some additional increases in revenue, and expenses include a transfer to the public works west 156 yard project. Also noted was the significant increase in bank charges especially at the golf course as 157 payment policies changed last year for COVID. The Fund Balance is $1.3M (26%) which may still 158 reflect underestimated sales tax revenues. 159 160 MOTION: Mark Preece made a Motion to Adopt Resolution 498-21 Enacting the 161 Second Amendment to the Fiscal Year 2020-2021 Budget. Rod Wood 162 seconded the Motion which PASSED by unanimous vote of all members 163 present. 164 165 James Ahlstrom – aye James Bruhn – aye 166 Kelly Enquist – aye Mark Preece – aye 167 Rod Wood – aye 168 169 7. Resolution 499-21, A Resolution Adopting the Fiscal Year 2021-2022 Budget, and 170 Property Tax Rate. 171 172 Duane Huffman reviewed final changes to the FY 2021-2022 Budget which includes the Certified 173 Tax Rate of 0.001301. This rate has been reduced from last year due to growth in property values in 174 the city. The budget also includes a 2% increase in the city’s pay scale for inflation, including 175 elected officials. The General Fund Balance is $1.288M (25%). 176 177 MOTION: James Ahlstrom made a Motion to Approve Resolution 499-21 Adopting the 178 Fiscal Year 2021-2022 Budget and Property Tax Rate. James Bruhn 179 seconded the Motion which PASSED by unanimous vote of all members 180 present. 181 182 James Ahlstrom – aye James Bruhn – aye 183 Kelly Enquist – aye Mark Preece – aye 184 Rod Wood – aye 185 186 *******  WEST BOUNTIFUL Page 5 of 7 CITY COUNCIL MEETING June 15, 2021 187 188 Lori Ferlin returned and asked to address the city council following the discussion and decision 189 made for Agenda Item 3 earlier this evening. 190 191 James Bruhn made a Motion to suspend the agenda to allow Mrs. Ferlin’s comments. The Motion 192 was seconded by James Ahlstrom and voting was unanimous in favor. 193 194 Lori Ferlin thanked the Council for their thoughtful decision. This has become a very expensive 195 process, and they appreciate the willingness of the Council to help them. However, she feels it is 196 important to state that she was offended by Mr. Huffman’s earlier comments that implied they lied 197 about what they knew when working with Mr. White several years ago. These issues never came up 198 in earlier conversations and they truly believed they could build their home without the additional 199 development fees and survey costs. She added that she and her husband take pride in being honest 200 people. 201 202 Duane Huffman apologized and said he never intended to imply that she or her husband acted 203 dishonestly. 204 205 Mayor Romney thanked her for coming back to share her concerns. Council member Ahlstrom 206 assured her their integrity was never in question. He said the problem was with how Mr. Tingey 207 handled the issue, and they are suffering the consequences. 208 209 **** 210 211 8. Resolution 500-21, A Resolution Amending the West Bountiful City Employment 212 Policies and Procedures Manual Regarding Credit Card Use. 213 214 Duane Huffman explained that this Resolution amends the Employment Policies and Procedures 215 Manual to add a section on credit card use. 216 217 MOTION: James Bruhn made a Motion to Adopt Resolution 500-21 Amending the 218 West Bountiful City Employment Policies and Procedures Manual 219 Regarding Credit Card Use. Kelly Enquist seconded the Motion which 220 PASSED by unanimous vote of all members present. 221 222 James Ahlstrom – aye James Bruhn – aye 223 Kelly Enquist – aye Mark Preece – aye 224 Rod Wood – aye 225 226 9. Presentation of Annual Fraud Risk Assessment. 227 228 Fraud and the potential of fraud is an issue that West Bountiful City takes very seriously. City staff 229 supports the idea of a regular fraud risk assessment and is committed to continual improvement in 230 this area The city recently hired accounting support and recommends establishing an audit 231 committee in the future. 232  WEST BOUNTIFUL Page 6 of 7 CITY COUNCIL MEETING June 15, 2021 233 Duane Huffman presented the annual Fraud Risk Assessment for FY-21. The city’s “risk level” 234 according to the Office of the State Auditor is Low Risk at 320 points. This is an improvement from 235 FY-20’s High Risk at 220 points. 236 237 10. Open Meeting Training for FY 2021 238 239 Duane Huffman reviewed the Open and Public Meetings Act including changes made this past year 240 dealing with electronic meetings without anchor locations. 241 242 11. Minutes from May 18, and June 1, 2021, City Council Meetings. 243 244 MOTION: James Bruhn made a Motion to approve the meeting minutes from May 18 245 and June 1, 2021. James Ahlstrom seconded the Motion which PASSED by 246 unanimous vote of all members present. 247 248 12. Staff Reports 249 250 Police – Brandon Erekson 251 • Received two new trucks and equipment is being installed. Once this is complete, the old ones 252 will be ready for auction. 253 • There is an issue with delivery of the new Ford Explorers due to a shortage of computer chips. 254 We have been told we will receive them in the “near future.” 255 • We are running background checks on two new officers. If they both pass, one will be a regular 256 officer and one could be used as reserve, then we will appoint a second detective from within 257 current force. 258 259 Public Works – Steve Maughan 260 • Working on fire hydrants on Porter Lane before road construction begins middle of July. 261 • Pickleball - concrete was added, fencing and artificial turf should be installed this week or next, 262 and surfacing is scheduled for next week. Once we are done, the school district can do their 263 landscaping. 264 • Miscellaneous concrete work will begin soon. 265 • Well house construction is going well. 266 • Streetlight update - Duane helped with contacts at Rocky Mountain Power and we seem to be 267 moving in a good direction. We reported 36 lights and 13 have been repaired so far. Will look at 268 the ones we own after the other repairs are completed. 269 270 Engineering – Kris Nilsen 271 • Working on subdivisions, building permits, and golf course issues, including an emergency 272 connection to the golf course for irrigation. 273 274 Community Development – Cathy Brightwell 275 • Candidate Filing Period began today and will run through Monday, June 7 for the mayoral seat 276 and two city council seats. 277 278 279  WEST BOUNTIFUL Page 7 of 7 CITY COUNCIL MEETING June 15, 2021 280 Administrative Report – Duane Huffman 281 • Working on an RFP for the public works west yard. It is projected at $6M with a metal building; 282 three years ago, it was estimated to be $7M with other building materials. Financing options will 283 be provided. The hope is to have earthwork and other items completed over this winter and main 284 construction early next year. 285 • Finalizing FEMA process for windstorm expenditures. We are expecting $30-40K back. 286 • UTOPIA provided additional information following their earlier presentation. We responded 287 with several questions and have asked them to confirm number of connections which seem to off 288 by about 1000. We were able to confirm there will be no upfront costs to bring service to the 289 home. 290 291 10. Mayor / Council Reports 292 293 Kelly Enquist - no report. 294 295 James Bruhn – Arts Council has been working on the Independence Day events scheduled for July 3 296 at city park. The band will begin at 8 pm and fireworks at 10:00 pm. 297 298 James Ahlstrom – Youth Council planted trees at city park on Arbor Day. They have received 20 299 applications for the upcoming term and interviews will be scheduled over the next couple of weeks. 300 Nicole Wood will be the mayor for the 2020-2021 term. 301 302 Mark Preece – no report. 303 304 Rod Wood – no report. 305 306 Mayor Romney – Independence Day events: working on flag ceremony for July 3; we have rented a 307 stage for the band and public works will put it together; fireworks will begin at 10pm. 308 309 11. Closed Session Pursuant to UCA § 52-4-205(1)(c). 310 311 No closed session was necessary 312 313 12. Adjourn. 314 315 MOTION: James Bruhn made a Motion to adjourn the closed meeting. Rod Wood 316 seconded the Motion which PASSED by unanimous vote of all members present. 317 318 ------------------------ 319 320 The foregoing was approved by the West Bountiful City Council by unanimous vote of all members 321 present on Tuesday, July 20, 2021. 322 323 ___________________________________ 324 Cathy Brightwell, City Recorder 325 City Recorder