City Council Mtg

Mayor City Administrator Kenneth Romney WEST BOUNTIFUL CITY Duane Huffman City Recorder City Council 550 North 800 West Cathy Brightwell James Ahlstrom West Bountiful, Utah 84087 City Engineer James Bruhn Phone (801) 292-4486 Kris Nilsen Kelly Enquist Mark Preece FAX (801) 292-6355 Public Works Director Rodney Wood www.WBCity.org Steve Maughan THE WEST BOUNTIFUL CITY COUNCIL WILL HOLD A REGULAR MEETING AT 7:30 PM ON TUESDAY, JULY 18, 2023, AT THE CITY OFFICES AGENDA Invocation/Thought –James Ahlstrom; Pledge of Allegiance – Ken Romney 1. Approve Agenda. 2. Public Comment - Two minutes per person; five minutes if on behalf of a group. 3. Founders & Constitution Month Presentation – Dalane England, Freedom’s Light Foundation Chair. 4. Decision on Appeal of Approval of Conditional Use Permit for Auto Italia Repairs. 5. Ordinance 473-23, An Ordinance Amending Height Regulations for Accessory Structures in Residential Zones. 6. Resolution #539-23, A Resolution Authorizing the Execution of the Interlocal Cooperation Agreement with Centerville City for the Multi-Jurisdictional Centerville Flex Project By Stokes Stevenson Located at Approximately 1250 West (Child Lane) 200 South, Centerville. 7. Strip Call Options for Series 2021 Revenue Bonds for Public Works Facility. 8. Meeting Minutes from June 20, 2023, and July 10, 2023. 9. Staff Reports–Police, Public Works, Engineering, Community Development. 10. Mayor/Council Reports. 11. Closed Session, if necessary, for the Purpose of Discussing Items Allowed Pursuant to UCA § 52-4-205. 12. Adjourn. The above agenda was posted on the State Public Notice website (Utah.gov/pmn), the city website (WBCity.org), posted at city hall, emailed to the Mayor and City Council, and provided to the Davis Journal on July 14, 2023, by Cathy Brightwell, City Recorder.  MEMORANDUM TO: Mayor & City Council DATE: July 14, 2023 FROM: Kris Nilsen, Cathy Brightwell RE: Request to Change Text Regarding Accessory Structure Heights __________________________________________________________________________________ This memo summarizes the request by Jeremy Broderick for a change in city code regarding the way height is measured for accessory structures. Background Jeremy Broderick, at 1451 N 950 West (Ranches at Lakeside), is located in the R-1-22 zone and has petitioned the Commission to consider modifying the current accessory structure height regulations. The purpose of his request is to modify the setback chart to allow for a different way of measuring height and setbacks, while not changing the overall height allowed in each zone. A description of the request is summarized below. Mr. Broderick wants to build a garage that will store his RV, which requires a 14 ft garage door. Given the space he has available on his lot and the current setback requirements, he is unable to build a structure that meets his needs. He notes that because he is on a corner lot, his rear yard faces his neighbor’s side yard. The neighbor’s home (or any home) can be up to 35 feet tall and 10 feet from the property line, yet his accessory structure is limited to a height of 24 feet at the same 10 foot setback. Until a couple years ago, accessory structure heights were approved by the planning commission on a case by case basis as part of a conditional use permit application. As a result, several of his neighbors have accessory structures similar to what he is asking for that do not meet current code. Summary of Request Mr. Broderick is seeking a text change to the accessory building height/setback regulations as proposed below: • The side/rear setback will be determined based on two measurements. (see attached diagram) a. The side/rear setback to the peak of the roof (not wall) will be measured from the property line. b. The side/rear setback to the wall will be measured from the property line and can be less than the setback measurement to the peak. (see attached chart) • The minimum side/rear setback to the exterior wall is 6 ft. Discussion • The current regulations are intended to reduce the impact of tall buildings on neighbors. • The distance from the property line to the peak is the same under both scenarios. The difference is the distance of the wall from the property line. • The line of site (view) at a 12 ft height is the same for both scenarios. • The line of site (view) at a 6 ft height is slightly more obstructed. • Under this proposal, two measurements would be required – setback to wall and setback to peak. Recommendation After review, the planning commission held a public hearing and voted unanimously to recommend approval by the city council. They believe this method will better deal with unique situations that may come up while still protecting overall height restrictions. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  WEST BOUNTIFUL CITY ORDINANCE #473-23 AN ORDINANCE AMENDING TITLE 17 OF THE WEST BOUNTIFUL MUNICIPAL CODE RELATED TO HEIGHT REGULATIONS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES. WHEREAS, Utah Code Annotated §10-9a-101 et seq., also known as the “Municipal Land Use, Development, and Management Act,” grants authority to the West Bountiful City Council to make changes to its Zoning Ordinances; and WHEREAS, the West Bountiful City Council desires to maintain land use regulations that meet the needs of its residents; and WHEREAS, it was determined there was a need for modifications to the way rear and side setbacks are calculated when considering the height of residential accessory structures; and WHEREAS, the West Bountiful Planning Commission held a properly noticed public hearing on June 27, 2023, to consider the proposed modifications; and WHEREAS, the West Bountiful Planning Commission has recommended adoption of proposed amendments to Titles 17 as described in attached Exhibit A. NOW THEREFORE BE IT ORDAINED by the city council of West Bountiful City that Title 17 of the West Bountiful Municipal Code be modified as shown in attached Exhibit A. This ordinance will become effective upon signing and posting. Adopted this 18th day of July 2023. By: ______________________________________ Kenneth Romney, Mayor Voting by the City Council: Aye Nay Councilmember Ahlstrom Councilmember Bruhn Councilmember Enquist Councilmember Preece ____ Councilmember Wood ____ Attest: _____________________________________ Cathy Brightwell, City Recorder  MEMORANDUM TO: Mayor and City Council DATE: July 14, 2023 FROM: Duane Huffman, City Administrator RE: Interlocal Agreement – Centerville City, Stokes Stevenson Multi-Jurisdictional Flex Project _______________________________________________________________________________ This memo introduces a proposed interlocal agreement between West Bountiful City and Centerville City for a multi-jurisdictional flex project on the city’s northeast boundary (adjacent to the Syro Steel area). Background Stokes Stevenson is pursuing development approval for an office warehouse project with three buildings and related improvements known as the Centerville Flex Project located at approximately 1250 West 200 South (640 W in West Bountiful). The Centerville Flex Project is located on property partially within Centerville (11.64 acres) and partially within West Bountiful (5.64 acres). To assist the developer and create clarity for the future, the cities desire to enter into an lnterlocal Agreement addressing multi-jurisdictional regulations and services (attached as Resolution #539-23). Key Provisions of Proposed Agreement Staff and legal counsel from both cities worked together to draft agreement with the following key provisions: • Centerville City will continue to process the initial approval process for the project, according to Centerville City development standards. This will include items such as site plans, utilities and public improvements, and building permits. The initial approval process has a term of 3 years or the completion of the plan improvements, whichever occurs first. • The farthest south building will be designated as the West Bountiful Building, with West Bountiful providing general municipal services (police, business licensing, etc.) and collecting property taxes, sales taxes, and other municipal revenues. West Bountiful will also be responsible for future development of the area associated with this building beyond the initial approval process. • Centerville will provide the utility services of culinary water and stormwater for the entire area, and will be eligible for the associated impact fees. Staff recommends approval of the proposed agreement. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  WEST BOUNTIFUL CITY RESOLUTION #539-23 A RESOLUTION AUTHORIZING THE EXECUTION OF THE INTERLOCAL COOPERATION AGREEMENT WITH CENTERVILLE CITY FOR THE MULTI- JURISDICATIONAL CENTERVILLE FLEX PROJECT BY STOKES STEVENSON LOCATED AT APPROXIMATELY 1250 WEST (Child Lane) 200 SOUTH, CENTERVILLE WHEREAS, the Utah Interlocal Cooperation Act, codified at Utah Code Ann § 11-13- 101, et seq., as amended, permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other public agencies on the basis of mutual advantage and to provide joint services or engage in cooperative action; and WHEREAS, in accordance with the terms and conditions of the Act, West Bountiful and Centerville City desire to cooperate with regards to development of the multi-jurisdictional Centerville Flex Project proposed by Stokes Stevenson to be located at approximately 1250 West (Child Lane) 200 South, Centerville, as more particularly described in the Interlocal Cooperation Agreement between Centerville City and West Bountiful City (the " Interlocal Cooperation Agreement"), attached hereto as Exhibit A; and WHEREAS, West Bountiful City and Centerville City have determined that it is desirable and in the best interests of the community and the public to enter into the Interlocal Cooperation Agreement as provided herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WEST BOUNTIFUL CITY, STATE OF UTAH: Section 1. Agreement Approved. The City Council hereby accepts and approves the Interlocal Cooperation Agreement with Centerville City regarding the development of the Centerville Flex Project by Stokes Stevenson located at approximately 1250 West (Child Lane) 200 South, Centerville, as attached hereto as Exhibit A, and incorporated herein by reference. Section 2. Mayor Authorized to Execute. The City Council hereby authorizes the Mayor to sign and execute the attached Interlocal Cooperation Agreement. Section 3. Severability Clause. If any section, part, or provision of this Resolution is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Resolution, and all sections, parts and provisions of this Resolution shall be severable. Section 4. Effective Date. The effective date of the Inter local Cooperation Agreement shall be on the soonest date that all of the provisions of the Act have been satisfied to trigger the effective date of the Interlocal Cooperation Agreement. This Resolution shall become effective immediately upon its passage.  ADOPTED by the City Council of West Bountiful City, Utah, this 18th day of July 2023. ___________________________________ Ken Romney, Mayor Voting by the City Council: Aye Nay Councilmember Ahlstrom ____ Councilmember Bruhn ____ Councilmember Enquist ____ Councilmember Preece ____ Councilmember Wood ____ ATTEST: Cathy Brightwell, Recorder  INTERLOCAL COOPERATION AGREEMENT [Centerville Flex Project] THIS INTERLOCAL COOPERATION AGREEMENT (“Agreement”), dated _________, 2023 (“Effective Date”), is between Centerville City, a Utah municipal corporation (“Centerville”), and West Bountiful City, a Utah municipal corporation (“West Bountiful”) (individually, a “City” and collectively, the “Cities”), with reference to the following: A. Stokes Stevenson Centerville Flex, LLC (“Developer”) owns and intends to develop an office warehousing project consisting of multiple buildings and related improvements on property that is partially located within Centerville at approximately 1250 West (Child Lane) 200 South, Centerville, Utah 84014 and partially located within West Bountiful at approximately 640 West 2300 North, West Bountiful, Utah 84087 (“Flex Project”), as more particularly described in attached Exhibit A. B. The Utah Interlocal Cooperation Act, as more particularly set forth in Utah Code Ann. §§ 11-13-101, et seq., as amended (“Interlocal Cooperation Act”), permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and, thereby, to provide services and facilities in a manner and under forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. C. In accordance with the terms and conditions of the Interlocal Cooperation Act, Centerville and West Bountiful have determined that it is necessary, desirable, and in the best interest of the public they serve, to enter into this Agreement for coordination of the multi- jurisdictional review, development, and operation of the Flex Project, including responsibilities for review and permitting; the allocation of taxes, fees, and revenues; and providing municipal services. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the Cities agree as follows. 1. Incorporation of Recitals. The above Recitals are incorporated into and made a part of this Agreement. 2. Initial Development Approval Process. West Bountiful agrees to allow Centerville to review and approve all aspects of the initial permitting and development of the Flex Project as if the entire project was located in Centerville. Such review and approval of the Flex Project shall be based on compliance with applicable Centerville ordinances, rules, and regulations. All drawings and plans for public improvements within the Flex Project shall comply with the Centerville Standards and Specifications. Centerville has full authority to review and issue permits, licenses, and all other approvals for the initial development of the Flex Project, including those portions of the Flex Project located in West Bountiful, and all such approvals and entitlements issued by Centerville for portions of the Flex Project within West Bountiful will be binding and effective upon West Bountiful. For purposes of this Agreement, “initial development” of the Flex Project shall include the development and construction of all on-site and off-site Interlocal-(stokes stevenson)-2023 Page 1 of 13 June 23, 2023 improvements associated with the project as set forth in the final subdivision and final site plan for the Flex Project as approved by Centerville City, including, but not limited to, the construction and installation of all public improvements, utility infrastructure and facilities, buildings, parking improvements, landscaping, etc. Initial development shall include all such improvements and construction associated with the approved final subdivision and final site plan and/or occurring within the three (3) years from the date of this Agreement, whichever occurs first. 3. Future Development Permitting, Licensing, and Enforcement. Following completion of the initial construction and development of the Flex Project, the Cities will allocate the authority and responsibility for any future development permitting, licensing, and enforcement within the Flex Project as follows: (a) Centerville will be responsible for Proposed Buildings 1 and 3 and the associated real property, as depicted in Exhibit B (collectively, the “Centerville Buildings”); and (b) West Bountiful will be responsible for Proposed Building 2 and the associated real property, as depicted in Exhibit B (collectively, the “West Bountiful Building”). (c) Staff from Centerville and West Bountiful are hereby directed to jointly prepare Exhibit B designating an artificial boundary line dividing the Flex Project property between the proposed Buildings 1 and 3 (Centerville Buildings) and Building 2 (West Bountiful Building) as the agreed upon property allocation between the Cities. Such artificial boundary line and property allocation shall be roughly proportionate to the existing real property percentage allocations and should take into consideration sufficient parking, landscaping, drive aisles, and other development improvements necessary for each building and/or portion of the Flex Project to function on its own. 4. Permitted Uses. Uses within the Flex Project shall be limited to permitted and conditional uses within the Centerville Industrial Very-High (I-VH) zone as set forth in the Centerville Zoning Code. 5. Land Use Review. As provided in Section 2, land use review and approval for all initial construction and development within the Flex Project will be conducted by Centerville in accordance with applicable Centerville land use ordinances, rules, and regulations. As the party responsible for land use review and approval, Centerville is entitled to retain all the fees associated with such land use review and approval process. Centerville will be entitled to retain any fines or fees associated with land use enforcement relative to the Centerville Buildings, and West Bountiful will be entitled to retain any fines or fees associated with land use enforcement relative to the West Bountiful Building. 6. Building Permit Review. Building permit review and approval for all initial construction and development within the Flex Project will be conducted by Centerville in accordance with applicable Centerville building codes, ordinances, rules, and regulations. As the party responsible for building permit review and approval, Centerville is entitled to retain all the fees associated with such building permit review and approval process. Centerville will be entitled to retain any fines or fees associated with building permit enforcement relative to the Centerville Interlocal-(stokes stevenson)-2023 Page 2 of 13 July 13, 2023 Buildings, and West Bountiful will be entitled to retain any fines or fees associated with building permit enforcement relative to the West Bountiful Building. 7. Business Licensing Review. Business licensing review, approval, and enforcement for all businesses and uses within the Flex Project will be conducted by each City in accordance with its applicable business license codes, ordinances, rules, and regulations, according to the allocation of responsibility in Section 3. Each City is entitled to retain all fees and fines associated with its business licensing review, approval, and enforcement in accordance with this Agreement. 8. Utility Services. Utility services for the Flex Project will be provided by the service provider and otherwise in a manner set forth in attached Exhibit C. To the extent one of the Cities is responsible for providing utility services to the Flex Project, that City is entitled to the utility fees and assessments associated with those services and any fines or fees associated with enforcement. For utility services provided by a service provider other than one of the Cities, Developer will apply for and obtain those utility services in accordance with the third-party provider requirements. 9. Other Services. Other services for the Flex Project will be provided by the service provider and otherwise in the manner set forth in attached Exhibit D. To the extent one of the Cities is responsible for providing those services to the Flex Project, that City is entitled to the fees and assessments associated with those services and any fines or fees associated with enforcement. For services provided by a service provider other than one of the Cities, Developer will apply for and obtain those utility services in accordance with the third-party provider requirements. 10. Impact Fees. Centerville shall impose and obtain impact fees from the developer of the Flex Project for the entire project area in accordance with applicable Centerville impact fee ordinances and regulations. Centerville impact fees include storm drain impact fees and culinary water development impact fees. Centerville shall have the right to retain and use such impact fees collected from the developer in accordance with State law. West Bountiful shall impose and obtain street impact fees from the developer of the Flex Project for the portion of the project in West Bountiful in accordance with applicable West Bountiful impact fee ordinances and regulations. West Bountiful shall have the right to retain and use such impact fees collected from the developer in accordance with State law. The Flex Project shall also be subject to Fire/EMS impact fee as assessed by the South Davis Fire Agency. 11. Taxes, Fees, and Revenue Sharing. Unless otherwise allocated to one City in paragraphs 5 to 10 above, or otherwise provided herein, all taxes, fees, assessments, and any other municipal revenue for the Flex Project (“Municipal Revenue”) will be paid to each City based on the allocation set forth in attached Exhibit E. The Municipal Revenue will be subject to any amounts owing under County and State law. 12. Term. This Agreement will become effective when the Cities have executed an original of this Agreement as required by law and will continue in effect for a period of 20 years, unless terminated earlier by mutual consent of the Cities. After the initial 20-year term, this Agreement shall automatically renew for additional five year terms, up to the statutory maximum of a term not to exceed 50 years. Pursuant to Utah Code Ann. §11-13-209, this Agreement does not take effect until it is filed with the keeper of records of each of the Cities. Interlocal-(stokes stevenson)-2023 Page 3 of 13 July 13, 2023  13. Boundary Adjustment. The Cities may consider and pursue a municipal boundary line adjustment in the future to better address and/or eliminate the need for multi- jurisdictional authority regarding the Flex Project. Any such boundary line adjustment shall be pursued in accordance with applicable State law. 14. Entire Agreement. This Agreement contains the entire agreement and understanding of the Cities with respect to the subject matter hereof and supersedes any prior negotiations, promises, inducements, representations, or agreements pertaining to the subject matter hereof which are not set forth herein. The exhibits attached to this Agreement are incorporated into and made a part of this Agreement. 15. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the Cities and their respective officers, employees, representatives, agents, successors, and assigns. 16. Governing Law. This Agreement is governed by and will be construed in accordance with the laws of the State of Utah. 17. Notice. All notices required or desired to be given pursuant to this Agreement must be in writing and will be deemed to have been provided on the date of personal service upon the City for whom intended or upon receipt if mailed, by certified mail, return receipt requested, postage prepaid, and addressed to the Cities at the following addresses. Either City may change its address for notice under this Agreement by giving written notice to the other City in accordance with the provisions of this paragraph. For Centerville: Centerville City Attention: City Manager 250 North Main Street Centerville, Utah 84014 For West Bountiful: West Bountiful City Attention: City Manager 550 North 800 West West Bountiful, Utah 84087 18. Governmental Immunity. The Cities recognize and acknowledge that each City is covered by the Governmental Immunity Act of Utah, as set forth in Utah Code Ann. §§ 63G-7-101, et seq., as amended, and nothing in this Agreement is intended to waive or modify any and all rights, defenses or provisions provided in the Act. Each City is responsible and will defend the action of its own employees, negligent or otherwise, performed pursuant to the provisions of this Agreement. 19. No Separate Legal Entity. No separate legal entity is created by the terms of this Agreement. There will be no real or personal property acquired jointly by the Cities as a result of this Agreement. Interlocal-(stokes stevenson)-2023 Page 4 of 13 July 13, 2023  20. Joint Board. To the extent this Agreement requires administration, it will be administered by the City Managers of the Cities acting as a joint board for that purpose. 21. Third Parties. This Agreement is not intended to benefit any person or entity not named as a party to this Agreement. 22. Headings. Headings contained in this Agreement are intended for convenience only and are in no way to be used to construe or limit the text herein. 23. Force Majeure. Neither City will be liable for any delay or failure in the keeping or performance of its obligations under this Agreement during the time and to the extent that any such failure is due to acts of God, acts of the United States Government or the State of Utah, fires, floods, or other casualties or causes beyond the reasonable control and without the fault or negligence of the City obligated to perform hereunder. Each City will make every reasonable effort to keep delay in performance as a result of such a cause to a minimum. 24. Amendment. This Agreement may not be changed, modified, or supplemented except in writing signed by the Cities. 25. Counterparts. This Agreement may be executed in counterparts and delivered by electronic transmission. 26. Approval. This Agreement will be submitted to the authorized attorney for each City for review and approval as to form in accordance with applicable provisions of Utah Code Ann. § 11-13-202.5, as amended. This Agreement will be authorized and approved by resolution or ordinance of the legislative body of each City in accordance with Utah Code Ann. § 11-13-202.5, as amended, and a duly executed original counterpart of this Agreement will be filed with the keeper of records of each City in accordance with Utah Code Ann. § 11-13-209, as amended. 27. Severability. If any provision of this Agreement is determined by a court to be invalid or unenforceable, that determination will not affect any other provision, each of which will be construed and enforced as if the invalid or unenforceable portion were not contained herein. That invalidity or unenforceability will not affect any valid and enforceable application thereof, and each such provision will be deemed to be effective, operative, and entered into in the manner and to the full extent permitted by applicable law. 28. Enforcement. Centerville shall be responsible for enforcement of applicable Centerville land use, development, building, business licensing, and any other applicable ordinances, rules, or regulations for the Centerville Buildings. Such enforcement shall be conducted in accordance with applicable ordinances, rules, and regulations of Centerville. West Bountiful shall be responsible for enforcement of applicable West Bountiful land use, development, building, business licensing, and any other applicable ordinances, rules, or regulations for the West Bountiful Building. Such enforcement shall be conducted in accordance with applicable ordinances, rules, and regulations of West Bountiful. [Signature page follows.] Interlocal-(stokes stevenson)-2023 Page 5 of 13 July 13, 2023  THE CITIES have executed this Agreement individually or by and through their respective, duly authorized representatives as of the Effective Date. WEST BOUNTIFUL: WEST BOUNTIFUL CITY By: _____________________________________ Mayor Kenneth Romney ATTEST: Cathy Brightwell, City Recorder Approved as to Form: Stephen B. Doxey, West Bountiful City Attorney CENTERVILLE: CENTERVILLE CITY By: _____________________________________ Mayor Clark Wilkinson ATTEST: Jennifer Robison, City Recorder Approved as to Form: Lisa G. Romney, Centerville City Attorney Interlocal-(stokes stevenson)-2023 Page 6 of 13 July 13, 2023  EXHIBIT A TO INTERLOCAL COOPERATION AGREEMENT Flex Project Description and Depiction PARCEL 1 PARCEL 2 A parcel of land located in the Northeast quarter of Section 13 and the Southeast quarter of Section 12, Township 2 North, Range 1 West, Salt Lake Base and Meridian and is described as follows: Beginning at a point which is 143.14 feet West and 8.48 chains South and 453.68 feet North 88°54'30" West along the Northerly right-of-way line of Porter Lane and 324.36 feet North 00°34'44" East along a fence line from the Northeast corner of said Section 13, and running thence: North 89°51'46" West 266.77 feet; thence North 00°03'48" East 646.76 feet; thence South 89°56'12" East 738.50 feet; thence South 33°58'38" West 161.97 feet; thence North 89°16'52" West 320.74 feet; thence South 00°12'44" West 395.27 feet; thence South 13°47'20" West 37.99 feet; thence South 00°12'44" West 41.85 feet; thence North 89°25'16" West 50.10 feet; thence South 00°34'44" West 42.78 feet to the point of beginning. Property contains 5.900 acres. PARCEL 3 Beginning at a point South 89°56'12" East 2531.92 East along the section line (East 38.060 chains record) and North 00°03'48" East 419.76 feet (North 6.36 chains record) from the South Quarter Corner of Section 12, Township 2 North, Range 1 West, Salt Lake Base and Meridian (South line of the Southeast Quarter being South 89°56'12" East 2646.96 feet); and running thence North 00°13'08" East 217.78 feet (North 217.78 record); thence North 89°56'12" West 1211.16 feet (West 1205 feet record) to the East line of a Frontage Road and a point on a 1949.86 foot radius non tangent curve to the right, (radius bears South 84°19'56" West, Chord: South 02°37'12" East 207.34 feet); thence along said Frontage Road the following (2) courses: along the arc of said curve 207.44 feet through a central angle of 06°05'44", and South 00°25'40" West 10.67 feet; thence leaving said Frontage Road South 89°56'12" East 1200.93 feet (East 1199.74 feet record) to the point of beginning. Property contains 6.020 acres.  Current Survey Interlocal-(stokes stevenson)-2023 Page 2 of 13 July 13, 2023  Proposed Site Plan Existing Land Allocation Interlocal-(stokes stevenson)-2023 Page 3 of 13 July 13, 2023  EXHIBIT B TO INTERLOCAL COOPERATION AGREEMENT Property Allocation Interlocal-(stokes stevenson)-2023 Page 4 of 13 July 13, 2023  EXHIBIT C TO INTERLOCAL COOPERATION AGREEMENT Utility Services Distribution Service Responsible Party Culinary Water Centerville City Irrigation Water Weber Basin Water Conservancy Storm Drain Centerville City Sewer South Davis Sewer Gas Dominion Energy Electric Rocky Mountain Power Interlocal-(stokes stevenson)-2023 Page 5 of 13 July 13, 2023  EXHIBIT D TO INTERLOCAL COOPERATION AGREEMENT Other Services Distribution Service Responsible Party Addressing Centerville for the Centerville Buildings; West Bountiful for the West Bountiful Building Police Centerville for the Centerville Buildings; West Bountiful for the West Bountiful Building Fire & Emergency South Davis Metro Fire  EXHIBIT E TO INTERLOCAL COOPERATION AGREEMENT Future Taxes, Fees, and Service Revenue Sharing Property Taxes Property taxes shall be allocated to each City based on the amount of real property and building square footage of the Flex Project located within the Centerville Buildings and the West Bountiful Building. Such calculations and allocation shall be determined by the Davis County Assessor’s Office. Sales Taxes Sales taxes generated by the Centerville Buildings in the Flex Project shall be allocated to Centerville. Sales taxes generated by the West Bountiful Building in the Flex Project shall be allocated to West Bountiful. Enforcement Costs Centerville shall be entitled to collect and retain its enforcement costs associated with the Centerville Buildings. West Bountiful shall be entitled to collect and retain its enforcement costs associated with the West Bountiful Building. Additional Municipal Revenue Any additional Municipal Revenue associated with the Centerville Buildings shall be allocated to Centerville, and any additional Municipal Revenue associated with the West Bountiful Building shall be allocated to West Bountiful.  MEMORANDUM TO: Mayor and City Council DATE: July 14, 2023 FROM: Duane Huffman, City Administrator RE: Public Works Facility Bond – Strip Call Option _______________________________________________________________________________ This memo outlines options that the city has for a one-time “strip call” on the public works facility bond. If the city chooses to use this strip call, it must give notice by July 25, 2023. Background Bond Details: Date Issued: 8-26-2021 Par Amount (principal): $6,000,000 Term: 20 years Interest Rate: 1.84% Annual Debt Service: $358,500 Total Interest Cost: $1,172,043.15 Use of Principal: The bond proceeds can only be used for “the cost of the acquisition, construction and improvement of a new public works building.” Estimated Project Costs: Land Acquisition: $121,140 Architect/Engineering $372,195 Construction $5,300,000 Owner Costs $150,000 (utilities, furnishings, equipment, etc.) Sub Total: $5,943,335 Federal ARPA ($688,800) Total: $5,254,535 Options A. The city can continue to use bond proceeds to improve the new public works site by performing needed work on 1200 N (potentially up to $650,000). Any remaining proceeds would be used for debt service. The city can also use the proceeds for any other construction/improvement for the facility. B. The city has the option to use a onetime “strip call” payment, until July 25, 2023, which allows the city to pay down the principal and lower the overall interest costs and annual debt service payment. For reference, a $1 million strip call payment would lower annual debt service payments to $292,400 and save $187,702 in interest costs over the remaining life of the bond. 1) To make this payment, the city could use remaining proceeds or supplement the proceeds with funding from the Capital Improvement Fund, that currently has a projected balance of $2.2 million. Staff recommends that the council select an appropriate option and associated amount. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  WEST BOUNTIFUL Page 1 of 8 CITY COUNCIL MEETING June 20, 2023 1 PENDING – NOT YET APPROVED 2 Minutes of the West Bountiful City Council meeting held on Tuesday, June 20, 2023, at West Bountiful City 3 Hall, 550 N 800 West, West Bountiful, Davis County, Utah. 4 MEMBERS: Mayor Pro Tem Mark Preece, Council members James Ahlstrom, James Bruhn, Kelly 5 Enquist, and Rod Wood. 6 STAFF: Duane Huffman (City Administrator), Chief Brandon Erekson, Steve Maughan (Public 7 Works Director), Kris Nilsen (City Engineer), Steve Doxey (City Attorney), and Cathy 8 Brightwell (City Recorder). 9 EXCUSED: Mayor Romney 10 PUBLIC: Deby Marshall, Richmond Thornley, Alan Malan, Craig Hammond, Debbie Hammond, Jenn 11 Nielsen, Clinton Drake, Dennis Vest, Michelle Curtis, Renate Allen, Kassie Salmon, Aimee 12 Hinojosa, Dannie McConkie, Laura Mitchell, Amy Paget, Alan Malan, David Ryan, Terrie 13 Ryan. 14 ------------------------------------------------------------------ 15 Mayor Pro Tem Preece called the regular meeting to order at 7:32 pm and provided an invocation; James 16 Ahlstrom led the Pledge of Allegiance. 17 1. Approve the Agenda. 18 MOTION: James Bruhn made a Motion to approve the agenda as presented. Rod Wood seconded 19 the Motion which PASSED unanimously. 20 21 2. Public Comment – Two Minutes Per Person, or Five Minutes if Speaking on Behalf of a Group. 22 Amy Paget, resident, commented that she has a soft spot for small businesses and supports the auto repair 23 business appeal that will be heard later this evening. Her opinion is that the shop is so far back off the street 24 by the railroad tracks that most people won’t even know they’re there and they are not nearly as loud as the 25 trains. If the new business can meet the conditions, there won’t be any problems and they should be allowed 26 to operate. 27 Michelle Curtis, resident, commented on the plans to install sidewalk on 660 West. She is happy the city has 28 scheduled this project, especially if there is more traffic from a nearby home business. She asked for details 29 about the level of improvements planned for the road and was told that the city currently plans to put 30 sidewalks on both sides of the road. She said she would love that as the kids now have to walk out into the 31 street to go around cars parking along the road. 32 Renate Allen, resident, asked when the 660 West project is scheduled to begin. She was told that bids will go 33 out after the first of the year and likely begin early 2024. 34 Amy Parker, resident, asked how far the improvements on 660 West will eat up her yard. There was a brief 35 description of public right-of-way, and Steve Maughan said the city will be able provide an idea of where the 36 improvements will be as the design process proceeds. 37  WEST BOUNTIFUL Page 2 of 8 CITY COUNCIL MEETING June 20, 2023 38 3. Appeal by Craig Hammond of the Planning Commission’s Approval of a Conditional Use Permit 39 for Auto Italia Repairs at 638 N 660 West. 40 An appeal was filed by Craig Hammond on June 1, 2023, after the planning commission issued a conditional 41 use permit (“CUP”) for an auto repair business in the R-10 zone, at 638 N 660 West. Duane Huffman 42 reviewed the appeal process explaining that the appellant will present his case followed by Mr. Doxey, 43 representing the city planning commission. After both parties have had an opportunity to state their case, the 44 city council will go into closed session to deliberate. Mr. Clinton Drake is acting as counsel for the city 45 council in their role as an appeal body. 46 Craig Hammond stated he appreciates the process of government. This appeal is not public clamor, personal 47 to the planning commission or to Auto Italia, and not vindictive, but addresses the concern of residents and 48 provides an opportunity for comments on the conditional use permit and its impact on our city. 49 Mr. Hammond noted that this home occupation includes a conditional use permit that runs with the land, and 50 a business license for the business owner. If the business ends, the conditional use will continue as a vested 51 property right for any new owner who can then ask for the same use. Utah Code says a CUP is unique as it 52 requires approval if conditions can be established to mitigate the negative impacts and it meets applicable 53 standards. Once granted it is deemed an allowable use. It cannot be used for prohibited uses. 54 The stated purpose and intent of Title 17 (Zoning) is to promote health, safety, and general welfare of city 55 residents. The planning commission applied standards from Title 5 (Business Licenses and Regulations). 56 There are eighteen different requirements that must be met for a home occupation including that the home 57 occupation must be clearly incidental and secondary to the use of the dwelling or structure in which it is 58 located and may not change its purpose. Incidental means it is subordinate or secondary. The installation of 59 two lifts in the shop is not incidental, especially when they are located in the far end of the structure with 60 access to the lifts leaving little area for other uses. 61 Another concern is parking. One of the conditions is to limit business use, including parking, to 25% of the 62 2000 sq. ft. building. How can parking be limited to 500 sq. ft when there are two lifts to be used in the 63 building and cars waiting for service or waiting to be picked up? When does the restriction for outside 64 storage begin? What if customers can’t pick up vehicles until the next day? These are questions that need to 65 be answered. 66 Increased traffic is also an issue. The conditions limit deliveries, customers, and tow truck deliveries to three 67 times a day, and even more concerning than the increased traffic is the type of traffic. Tow trucks, waste 68 collection vehicles, etc., are not typical in a residential neighborhood. According to the truck company that 69 will be used to pick up oil and other waste, they will use 4,000 gallon mounted trucks with 80,000 GVW 70 which is not allowed in the city. 71 Does the city’s general plan and city code permit this type of use of land in a residential area? According to 72 the planning commission, since it is not prohibited, it can be allowed. My position is the opposite. According 73 to Craig Call with the Utah Land Use Institute, all parts of an ordinance are to be read together to reconcile 74 discrepancies. For example, in WBMC 17.24 (R-1-10 zone) the Purpose is to preserve and enhance the 75 residential nature of the neighborhood. In 17.04.030, Home Occupation is defined as an occupation carried 76 on entirely within the dwelling unit and shall not involve the use of any accessory building, either attached or 77 detached, or yard space outside the main building. This conflicts with Section 5 – Home Occupations that 78 says 25% of an accessory building may be used so long as it does not change the residential character of the 79 lot.  WEST BOUNTIFUL Page 3 of 8 CITY COUNCIL MEETING June 20, 2023 80 Additionally, in reviewing the eight zoning districts, auto repair is allowed in four of the commercial/ 81 industrial zones but is not listed as allowed in the Commercial Neighborhood zone. This indicates that auto 82 repair is not intended to be located in or coexist in residential areas. 83 Auto Italia may be a small business but if approved, will change the residential character of the city. There 84 may be others waiting in the wings to apply for a similar business on their property. The only way to stop 85 these kinds of businesses changing the character of our city is to deny this conditional use and make a 86 legislative move to clean up the discrepancies in the city code that have come out of this case. 87 88 Questions from council: 89 James Ahlstrom asked why Mr. Hammond doesn’t believe the proposed conditions will mitigate the negative 90 impacts. Mr. Hammond responded that traffic is a big issue, especially large trucks. Also, it is difficult to 91 separate public clamor from the law. Mr. Call, from ULCT, has cautioned against adopting unreasonable 92 restrictive conditions that businesses may not be able to meet. 93 Mr. Ahlstrom commented that there are situations where no slate of conditions can mitigate negative impacts 94 and should not be a conditional use matter. He does not believe the intent of City code is to allow the CUP 95 process to approve commercial businesses in residential areas, especially when that business is not allowed 96 in one of our commercial zones. Title 17 is clearly at odds with Title 5. 97 Rod Wood added that the zoning regulations do not allow accessory buildings to be used for home 98 occupations or otherwise it would be listed as permitted or conditional, and with large trucks coming for oil 99 pick-up and cars waiting for service, how does it become an acceptable use in a residential zone? 100 Craig Hammond – Title 17 definitely conflicts with Title 5 and is ambiguous. Trucks the size required for 101 this business are not something we allow in residential areas, and surrounding cities do not allow this use in 102 residential areas. The city needs to more clearly define what is and is not allowed. If uses are clarified, it will 103 help similar cases in the future but won’t be applied to a business already approved. He gave an example of 104 another home business that had been approved years ago and after neighbor complaints, the city changed the 105 code. This prevented similar businesses from starting up but because the existing business owner already had 106 a CUP, his business became permitted (grandfathered). 107 James Ahlstrom noted that our code does not list affirmatively what is allowed or what is prohibited so 108 determination can be made by looking at the intent of the code. He believes heavy commercial businesses 109 should be relegated to commercial areas. 110 Rod Wood asked what the previous use of the building was. Mr. Hammond responded that the previous 111 owners (Roush) had a trucking company in the accessory building, but it was never licensed. 112 113 Mr. Doxey presented arguments on behalf of the planning commission. He stated that Mr. Hammond 114 provided capable and passionate arguments and he appreciates the strong feelings on both sides. He noted 115 that the important thing to remember as an appeal authority is the standard of review from city code. The 116 correctness of the planning commission’s decision is an interpretation of law. It was consistent with State 117 code that requires a CUP to be approved if reasonable conditions can be imposed. If conditions cannot 118 substantially mitigate the negative impacts, the CUP may be denied. The bias is toward approving a CUP. 119 One of Mr. Hammond’s points is that auto repair is not listed as a permitted or prohibited use, and if the use 120 is not specifically allowed, then can be prohibited. It is necessary to read the Code as a whole, a more  WEST BOUNTIFUL Page 4 of 8 CITY COUNCIL MEETING June 20, 2023 121 specific provision will prevail over a general provision. The statement in Title 5 is specific when it says that 122 25% of an accessory structure can be used for a home occupation. The definitions cited by Mr. Hammond 123 are more general. The applicant is in conformity with code by using a portion of the home and 25% of the 124 accessory structure. 125 It is correct that a CUP runs with land, but a future tenant would need to apply for a home occupation 126 business license and go through the CUP process; it is not something that is automatically passed on. There is 127 also a provision in the CUP that allows compliance reviews. The planning commission imposed a three 128 month review of the impact on the neighborhood. If there are concerns about the unreasonableness of 129 conditions, it must be brought up by the applicant not by neighbors. The city council should not be 130 concerned about future compliance, but instead whether the planning commission made the correct decision. 131 The conditions are set up to mitigate impact, so the CUP should be approved. If the applicant cannot comply 132 with the conditions, it can be dealt with at a later time. 133 Another issue is Mr. Hammond’s argument that a home occupation cannot alter the character of an accessory 134 structure. The standard is whether it will alter the residential character of the dwelling. 135 James Ahlstrom asked if there are uses that cannot be mitigated, for example, gas stations? Mr. Doxey said 136 based on the fifteen conditions, it’s apparent the planning commission attempted to mitigate the impacts. If a 137 use is proposed and the negative impacts cannot be mitigated, the CUP would be denied. Mr. Ahlstrom asked 138 if code should be changed to specifically list uses that are permitted and prohibited. Mr. Doxey explained 139 that the business being discussed is a home occupation not auto repair, and home occupation is an allowed 140 use. Mr. Ahlstrom then asked if that means a gas station or grocery store could be allowed as a home 141 occupation? Mr. Doxey replied that they could be if reasonable conditions can be imposed. 142 143 Aimee Hinojosa, representing Auto Italia, said their business specializes in European cars. Their customers 144 are return or referrals, and by appointment only. She stated that they believe the conditions imposed by the 145 planning commission to be reasonable. She explained that when they were looking for new commercial 146 space after their lease was not renewed, everything they found was at least 3 times more than they had been 147 paying. They became aware of the property on 660 West and loved the large home and yard for their family. 148 An added bonus was the shop where they could continue their small business. She said they have no plans to 149 expand. Her husband has always worked by himself and is a tidy mechanic with his workspace clean and 150 organized. They went to the city to file all necessary paperwork to make sure their business met all 151 requirements; it was important to them to operate legally. In response to several comments made earlier, their 152 oil containment is properly handled, the same way it was at their previous commercial location. She added 153 that tow trucks do not arrive without notice and are typically only necessary 2-3 times a month. 154 Mr. Hammond made closing comments raising the following points. 155 - Having restrictive language in code should not nullify other sections of code that are in conflict. 156 - The code says that the dwelling or structure cannot be changed, which is not the case here. 157 - A CUP runs with the land, and it is important to consider future tenants. We need to analyze the 158 current use but also future uses because it becomes an invested right. 159 - Approval needs to be based on the list of permitted uses not on conditions that may or may not be 160 met. 161  WEST BOUNTIFUL Page 5 of 8 CITY COUNCIL MEETING June 20, 2023 162 Mayor Pro Tem Preece explained that the council will move into a closed meeting to discuss the issues raised 163 and provide direction to their attorney to draft a decision which will be issued at a later date. 164 MOTION: James Ahlstrom Made a Motion to Move into Closed Session in the Police Training 165 Room at 9:25 pm Pursuant to Utah Code Ann. § 52-4-205(c) for the Purpose of 166 Discussing the Appeal/Reasonably Imminent Litigation. Rod Wood Seconded the 167 Motion which PASSED. 168 James Ahlstrom – aye James Bruhn – aye 169 Kelly Enquist – aye Mark Preece – aye 170 Rod Wood – aye 171 172 The meeting resumed at 10:10 p.m. Mayor Pro Tem Preece said the written decision is expected to be voted 173 on at the July 18, regular city council meeting, or at a public noticed special meeting, if necessary. 174 175 4. Public Hearing for a Proposed Exemption for Parks & Recreation Impact Fees under WBMC 176 3.22.050 for Development Activity Attributable to Moderate Income Housing. 177 Duane Huffman reviewed the three strategies the city selected last year as part of the state mandated 178 Moderate Income Housing efforts. By the end of next month, the city must report to the state on its success 179 in accomplishing the Strategies. 180 Strategy 3 is to “reduce, waive, or eliminate impact fees…” City staff and legal counsel reviewed the city’s 181 code related to impact fees. After studying the issue, staff recommended a proposal to City code that 182 eliminates park impact fees for moderate income housing development. 183 MOTION: James Bruhn made a Motion to open the public hearing. Kelly Enquist seconded the 184 Motion which PASSED unanimously. 185 No public comments were offered. 186 MOTION: James Bruhn made a Motion to close the public hearing. James Ahlstrom seconded 187 the Motion which PASSED unanimously. 188 189 5. Ordinance 471-23, An Ordinance Amending WBMC 3.22 Impact Fees to Waive Park Impact 190 Fees Related to Moderate Income Housing. 191 MOTION: James Ahlstrom Made a Motion to Approve Ordinance 471-23 to Waive Impact Fees 192 Related to Moderate Income Housing Development. James Bruhn seconded the 193 Motion which PASSED as reflected below. 194 James Ahlstrom – aye James Bruhn – aye 195 Kelly Enquist – aye Mark Preece – aye 196 Rod Wood – aye 197 198 6. Ordinance 472-23, An Ordinance Amending WBMC 17.52 Off-Street Parking and WBMC 17.44 199 Housing in Certain Commercial Areas Overlay Related to Reduced Parking Regulations for 200 Certain Residential Properties.  WEST BOUNTIFUL Page 6 of 8 CITY COUNCIL MEETING June 20, 2023 201 Duane Huffman reviewed Strategy 2 selected by the city as part of its Moderate Income Housing plans. The 202 Strategy requires, “land use regulations to eliminate or reduce parking requirements for residential 203 development where a resident is less likely to rely on the resident’s own vehicle, such as residential 204 development near major transit investment corridors or senior living facilities.” 205 City staff and contract planners drafted proposed amendments to City code to implement this strategy. The 206 planning commission reviewed the proposal, held a public hearing, and recommended the changes proposed 207 this evening. 208 MOTION: James Bruhn made a Motion to Approve Ordinance 472-23 as presented. James 209 Ahlstrom seconded the Motion which PASSED as reflected below. 210 James Ahlstrom – aye James Bruhn – aye 211 Kelly Enquist – aye Mark Preece – aye 212 Rod Wood – aye 213 214 7. Resolution 537-23, A Resolution Adopting Amendments to the FY 2022-2023 Budget. 215 Duane Huffman presented the Amendments to the FY 2022-2023 Budget as previously shared with the 216 Council. He noted that after the public hearing held at the last meeting, one significant change has been 217 made. This change relates to the timing of the police department’s new record system. Initially, we had the 218 full $80,000 in next year’s budget, but now we have it split with half in the current year budget and half in 219 the 2023-2024 budget. 220 MOTION: James Ahlstrom made a Motion to Approve Ordinance 537-23 as presented. Rod 221 Wood seconded the Motion which PASSED as reflected below. 222 James Ahlstrom – aye James Bruhn – aye 223 Kelly Enquist – aye Mark Preece – aye 224 Rod Wood – aye 225 226 8. Resolution 538-23, A Resolution Adopting the Tentative Budget, and Proposing a Property Tax 227 Rate for Fiscal Year 2023-2024. 228 Duane Huffman reviewed the FY-2023-2024 Tentative Budget which the council has been working on for 229 the past several months. The current draft incorporates what was discussed in those meetings. The biggest 230 change is the capital project for next year which will be 660 West instead of 700 North, although nothing has 231 yet been designed. He also reviewed Park and RAP projects, clarifying that the council chose not to move 232 forward with the fence along Pages Lane at the city park, and no trail connection or piping is included at the 233 end of 975 West on the south end of the golf course at this time. 234 He explained that this Resolution does not adopt a final FY-24 budget but will allow the city to implement 235 new wages and begin the process to hire a new police officer. A final budget and new tax rate will be 236 presented at the end of the Truth in Taxation process for adoption. 237 MOTION: James Ahlstrom made a Motion to Approve Resolution 538-23 as presented. Rod 238 Wood seconded the Motion with PASSED as reflected below.  WEST BOUNTIFUL Page 7 of 8 CITY COUNCIL MEETING June 20, 2023 239 James Ahlstrom – aye James Bruhn – nay 240 Kelly Enquist – aye Mark Preece – aye 241 Rod Wood – aye 242 243 9. Bid Award – 2023 Asphalt Street Overlay Project 244 Kris Nilsen explained that the FY-23 budget included funding for Street Maintenance and Repair projects 245 which included an Asphalt Street Overlay Project. A request for bids was issued that covers the 560 West 246 cul-de-sac and includes two inches of asphalt surface milling removal and placement of two inches of asphalt 247 overlay for the full width of the street. Four bids were received that were very close. Staff recommends 248 awarding the project to Morgan Asphalt, Inc., for $38,651, as the lowest responsible bidder. 249 MOTION: Kelly Enquist made a Motion to Award the 2023 Asphalt Street Overlay Project to 250 Morgan Asphalt, Inc. James Bruhn seconded the Motion which PASSED 251 unanimously. 252 253 10. Meeting Minutes from June 6, 2023. 254 MOTION: James Ahlstrom Made a Motion to Approve the Meeting Minutes from June 6, 2023, 255 as presented. James Bruhn Seconded the Motion which PASSED Unanimously. 256 257 11. Staff Reports 258 Police – Chief Erekson 259 • The entire department has completed training on the new records system. It is scheduled to start up next 260 week. 261 262 Public Works – Steve Maughan 263 • Public Works building update. The exterior is done, and grading and paving. Furniture is being installed 264 today. Expect occupancy in the next few weeks. 265 • Google Fiber is completing their clean-up. 266 • The water project is moving slowly. They are in the testing phase and then will begin hook ups. The goal 267 is to get them out of the park and cleaned up by July 3rd. The same contractor is working both sections of 268 the project so they can move around. Crack seal finishing up. 269 • Working on safe sidewalks starting at the north end of the city. The tree project contracts have been 270 signed, and we will begin meeting with residents to make arrangements to take down the trees. 271 • Will begin hanging holiday banners next week. 272 273 Engineering – Kris Nilsen 274 • Continue to work on Doug’s Corner subdivision. The trailers are gone and the safety conditions, 275 including fencing, have been met. There are a few more conditions to be met before city council 276 approval. 277 278 Community Development – Cathy Brightwell 279 • No report. 280  WEST BOUNTIFUL Page 8 of 8 CITY COUNCIL MEETING June 20, 2023 281 Administration – Duane Huffman 282 • No report 283 284 12. Mayor / Council Reports 285 Kelly Enquist – Mosquito Abatement is still short staffed forcing current employees to work a lot of 286 overtime. They sprayed 35,000 acres in May. Last year there were 700 spray requests, and there were more 287 than 450 just in May. 288 He also commented that he has been asked by residents if the city will consider a youth recreation program 289 similar to surrounding cities. 290 James Bruhn – Wasatch Integrated was able to purchase the two trucks with double trailers that have been 291 hauling the garbage out every day so they will be able to continue to work. It’s a big undertaking to transition 292 without shutting down. There is talk of a new transfer station, possibly near Bountiful City Landfill. 293 Arts Council is working hard on preparations for the July 4th holiday celebration. 294 Have been getting complaints about the Terry Nilsen property next to the park. It needs to be addressed. 295 James Ahlstrom – Five of our Youth Council members volunteered for the Rotary Club’s Coats for Kids 296 event last weekend setting up and moving equipment. As in years past, we received very good feedback on 297 the hard work our kids do and how they can be relied upon to show up and work. 298 Mark Preece – South Davis Sewer District compressors are having motor problems. Purchase is delayed until 299 everything is fixed, which is expected to be a $1M repair. 300 Rod Wood – no report. Asked for an update on the plaque for the public works building. Duane Huffman 301 indicated it is being worked on. 302 13. Closed Session pursuant to Utah Code Ann. § 52-4-205, if needed. 303 No closed session was needed. 304 14. Adjourn. 305 MOTION: Kelly Enquist made a Motion to Adjourn the Meeting. James Bruhn Seconded the 306 Motion which PASSED Unanimously. 307 308 ------------------------ 309 310 The foregoing was approved by the West Bountiful City Council by unanimous vote of all members present 311 on Tuesday, July 18, 2023. 312 _______________________________ 313 Cathy Brightwell, City Recorder  WEST BOUNTIFUL Page 1 of 1 CITY COUNCIL MEETING July 10, 2023 1 PENDING – NOT YET APPROVED 2 Minutes of the West Bountiful City Council meeting held on Tuesday, July 10, 2023, at West Bountiful City 3 Hall, 550 N 800 West, West Bountiful, Davis County, Utah. 4 MEMBERS: Mayor Ken Romney, Council members James Ahlstrom, James Bruhn, Kelly Enquist, Mark 5 Preece. Rod Wood joined by phone for the closed session. 6 STAFF: Duane Huffman (City Administrator) and Attorney Clinton Drake. 7 PUBLIC: None 8 ------------------------------------------------------------------ 9 Mayor Pro Tem Preece called the special open meeting to order at 6:00 pm. 10 11 1. Closed Session pursuant to Utah Code Ann. § 52-4-205(c). 12 MOTION: James Ahlstrom made a Motion to move into closed session at 6:01 pm in the police 13 training room to discuss pending or reasonably imminent litigation. The open meeting 14 will adjourn upon adjournment of the closed session. James Bruhn seconded the 15 Motion which PASSED which PASSED as reflected below. 16 James Ahlstrom – aye James Bruhn – aye 17 Kelly Enquist – aye Mark Preece – aye 18 Rod Wood – aye 19 20 MOTION: James Ahlstrom made a Motion to adjourn the closed session and the open meeting. 21 James Bruhn seconded the Motion which PASSED unanimously. 22 23 24 ------------------------ 25 26 27 The foregoing was approved by the West Bountiful City Council by unanimous vote of all members present on 28 Tuesday, July 18, 2023. 29 _______________________________ 30 Cathy Brightwell, City Recorder