City Council Mtg

Mayor City Administrator Kenneth Romney WEST BOUNTIFUL CITY Duane Huffman City Recorder City Council 550 North 800 West Remington Whiting James Ahlstrom West Bountiful, Utah 84087 City Engineer Dell Butterfield Phone (801) 292-4486 Kris Nilsen Kelly Enquist Jenn Nielsen FAX (801) 292-6355 Public Works Director Mark Preece www.WBCity.org Steve Maughan THE WEST BOUNTIFUL CITY COUNCIL WILL HOLD A WORKS SESSION AT 6:30 PM AND A REGULAR MEETING AT 7:30 PM ON TUESDAY, FEBRUARY 6, 2024, AT THE CITY OFFICES AGENDA 6:30 pm – Work Session – Ethic and Land Use Training by Utah Risk Management Agency 7:30 pm – Regular Meeting Invocation/Thought – Jenn Nielsen; Pledge of Allegiance – Dell Butterfield 1. Approve Agenda. 2. Public Comment - Two minutes per person; five minutes if on behalf of a group. 3. Discuss Home Occupation Code Amendments 4. Discuss On-Street Parking Code Amendments 5. Ordinance #480-24, An Ordinance Amending Title 2 of the West Bountiful Municipal Code Creating the Audit Committee 6. Meeting Minutes from January 16, 2024. 7. Staff Reports–Police, Public Works, Engineering, Community Development, Administration. 8. Mayor/Council Reports. 9. Closed Session, if necessary, for the Purpose of Discussing Items Allowed Pursuant to UCA § 52-4-205. 10. Adjourn. The above agenda was posted on the State Public Notice website (Utah.gov/pmn), the city website (WBCity.org), posted at city hall, and emailed to the Mayor and City Council on February 2, 2024, by Remington Whiting, City Recorder.  MEMORANDUM TO: City Council DATE: 01-30-2024 FROM: Addison Jenkins RE: Home Occupation Ordinance __________________________________________________________________________ The purpose of this memo is to introduce to the city council the latest recommendations from the planning commission regarding updates to the Home Occupations code. Background Over the past year, the planning commission and city council have engaged in multiple discussions about the Home Occupations code. The planning commission forwarded a draft ordinance in September 2023 to the city council, which the council tabled for further discussion. In October 2023, the city council and planning commission held a joint meeting to discuss the work to that point. Since then, the planning commission has met several times to discuss, and propose additional changes and edits to the draft ordinance. On January 23rd, 2024, the planning commission voted to forward the attached updated draft ordinance to the city council for consideration. Once the council has had the opportunity to review and discuss the proposed code amendments, a final version will be brough back for final adoption. Considerations The planning commission spent considerable time discussing and debating various sections of the proposed ordinance including conditional uses, prohibited businesses, outdoor storage, enforcement, requirements relating to noise, odors, chemicals, parking, and traffic, the portions of house or accessory structure to be used for a business, and broader concerns about individual property rights and the interests of neighborhoods and the city. Below are selected topics the city council may wish to consider in deciding to adopt or make changes to the proposed ordinance. 1. Requirements The commission recommends that a strong and clear requirements section is the best way to balance the competing interests of property rights and neighborhood character. The commissioners felt that the phrases “clearly incidental and secondary to the use of the dwelling or structure,” and “the home occupation may not alter the residential character,” communicated the core purpose of the ordinance. As the commission discussed adding, removing, or changing various requirements, particularly relating to noise, odors, chemicals, equipment, and 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  parking, they ultimately decided that any questions arising around a specific business could be satisfied by the listed requirements and that core purpose. The council many want to consider the following policy question with this recommendation: a. Are there any other requirements necessary to protect the residential character of neighborhoods? For example, adjacent communities include stricter regulations, such as: i. Prohibiting the use of accessory structures (Bountiful, NSL, Centerville). ii. Prohibiting the use or storage of flammable materials, explosives, or other dangerous materials (Bountiful, NSL, Centerville) iii. Prohibiting the sell and storage of commodities or other inventory on site (Bountiful, NSL, Centerville). iv. Prohibiting mechanical or electrical apparatus, equipment, or tools not commonly associated with a residential use or as are customary to home crafts (Bountiful, NSL). v. Prohibiting any use that creates noise, dust, odors, noxious fumes, glare, or other nuisances which are discernable beyond the premises (Bountiful, NSL, Centerville). vi. Further prohibiting the storage of vehicles and equipment (Bountiful, NSL). 2. Conditional Use Permits The planning commission decided to recommend no longer using conditional use permits for any home occupations. The consensus was that the requirements section has been strengthened enough to eliminate the need for conditional uses. Because each home occupation is unique, the planning commission felt allowing for conditional uses would lead to too many home occupations being publicly debated and applicants requesting special consideration. Making the application and approval process entirely administrative and up to city staff would lead to a clearer and more uniform application of the code. The council may want to consider the following policy question with this recommendation: a. Are the proposed requirements sufficient to regulate home occupations without the need for additional conditions (see item 2)? For example, a regular home occupation usually granted by conditional use permit is a daycare/preschool – are the proposed regulations sufficient to handle potential issues like pick-up/drop-offs or the number of children associated with the home occupation? 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  3. Prohibited Businesses The planning commission debated including a list of prohibited businesses, concerned that by implication a business not listed as prohibited might be assumed to be allowed. After much discussion, the commission decided that a clear application of the requirements would prohibit any unwanted businesses from being approved, but that a list of some specifically prohibited businesses was still warranted. A few business types, including welding, construction, and towing were debated but ultimately not added to the list. Some members of the commission expressed that the city council may wish to add to or modify this list before approving the ordinance. The council many want to consider the following policy question with this recommendation: a. Does listing so many prohibited businesses imply that businesses not listed are allowed? b. Are there any types of businesses that should be added or removed from this list? 4. Enforcement The planning commission requested that language be added to the code allowing the city to inspect the premises of a home occupation with reasonable notice during the application process and once approved to ensure compliance. This section also clarifies the process surrounding suspension or revocation of licenses. There is also included a specific period of time, 30 days, afforded to a licensee to cure any found violations. 5. Appeals The planning commission requested that language be added clarifying that any license holder who disagrees with the city recorder can appeal the decision to the city council in accordance with Chapter 2.64 of the municipal code. This is true of any land use decision, but staff is not concerned with the additional clarification. Based on the council’s discussion and direction, a final draft of the code amendments will be brought back for final consideration. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  Exhibit A WBMC 5.04 BUSINESS LICENSES IN GENERAL 5.04.010 Definitions “Business” means all activities engaged in within West Bountiful City limits carried on for the purpose of gain or economic profit, except that employees rendering service to employers shall not be considered to be engaging in business unless the municipal code specifically provides otherwise. “Engaging in business” means the sale of tangible personal property or the rendering of personal services for others for a consideration by persons engaged in any trade, craft, business, occupation, profession or other calling, except the rendering of personal services by an employee to his or her employer under any contract of personal employment, but including the operation of storage buildings or storage warehouses for the storing of motor vehicles, trailers, boats, and other household equipment or personal property. “Home occupation” means a business operated in a dwelling, accessory structure, or both, on a residential property by a resident of the property. 5.04.040 License Fee Levied The license fee payable by persons engaging in or carrying on any business within the city shall be periodically fixed by resolution of the city council and listed in the city’s Consolidated Fee Schedule. 1 WBMC 5.28 HOME OCCUPATIONS 5.28.010 Scope 5.28.020 Purpose; License Required 5.28.030 Application For License 5.28.040 Requirements 5.28.050 Specific Businesses Prohibited 5.28.060 Exemptions To License 5.28.070 Home Occupation Business License Renewal 5.28.080 Noncompliance; Revocation And Suspension Of Permit 5.28.90 License Not Transferrable 5.28.010 Scope The requirements of this chapter shall apply to any home occupation conducted within the city. Home occupations may be conducted only in residential or agricultural zones, or within homes qualifying as a legal nonconforming residential use. The provisions of the chapter shall not be construed to limit or prohibit any other requirements of this title, the West Bountiful Municipal Code, or other applicable laws. 5.28.020 Purpose; License Required The purpose of this chapter is to ensure that home occupations remain incidental and accessory to the residential use of the property on which a dwelling is located and that any adverse effects of the home occupation are confined to the property. To ensure compliance with this chapter, a home occupation business license is required before any property may be used for a home occupation. 5.28.030 Application For License A. A home occupation business license application may be obtained from the city offices or from the city website. Each application shall be submitted to the city recorder and accompanied by payment of the business license application fee. B. It is unlawful for any person to provide false information to the city in relation to the application for, issuance of, or continuation of, a business license, or to knowingly cause or permit the same to be done. C. The applicant shall give written notice of the nature and description of the home occupation to owners of property within 100 feet of the exterior boundaries of the property upon which the home occupation is to be conducted. The applicant must provide evidence of the required as part of the home occupation business license application. D. The application will contain the applicant’s written agreement to allow the city to enter upon and inspect the property at all reasonable times (1) to ensure the requirements of this chapter have been met before the license is issued, and (2) to verify compliance thereafter. E. The applicant must provide evidence of any federal or state licensing or permit required for the home occupation as part of the home occupation business license application. F. The city recorder may issue the home occupation business license when the requirements of this chapter have been satisfied. 2 5.28.040 Requirements A. A person who is not a resident of the dwelling shall not work in the home occupation. B. The home occupation must be clearly incidental and secondary to the use of the dwelling or accessory structure in which it is located and may not change the purpose or character of the dwelling or accessory structure, or the residential character of the property on which the home occupation is located. C. The home occupation shall not involve the use of any part of a dwelling or structure for which, by reason of state, federal or local laws, special or extra entrances or exits or special rooms are required as a condition to the operation of such use. D. More than one home occupation business license may be issued for a property, if after review, the city recorder specifically determines that the total of all businesses on the property will not have an impact on the community greater than one business. E. The home occupation must be conducted entirely within no more than fifteen percent (15%) of the total used floor area of the dwelling, twenty-five percent (25%) of a garage or accessory structure on the same property as the dwelling, or both. F. Adequate off-street parking must be provided for both personal vehicles and business customers, except for drop-offs or pick-ups associated with day care, preschools, or group instructional services in accordance with this chapter. G. Yard space may not be used for home occupation activities, except: a. Outside private swimming pools may be used for swimming instruction if the swimming instruction is given by a resident of the dwelling. b. Yard space may be used for day care, provided the yard is entirely fenced. c. Yard space may be used for other similar activities that will not alter the residential nature of the neighborhood in which the home occupation will be conducted. H. In no event shall outdoor storage be permitted for a home occupation. I. Business operation shall be limited to the hours between 7:00 am and 10:00 pm. J. The home occupation must comply with all fire, building, plumbing, electrical, and health codes and all federal, state, and local laws. K. The home occupation may not cause or create a demand for municipal or utility services or community services, including traffic, in excess of those usually and customarily provided for residential uses; provided, that day care, preschool, and group instructional services will be allowed to have a reasonable amount of drop-offs or pick-ups, as determined by the city recorder in accordance with recognized traffic safety standards and subject to the other requirements of this chapter. L. The home occupation may not alter the residential character of the premises or unreasonably disturb the peace and quiet of the neighborhood. 3  M. Merchandise, goods, or customer services may not be advertised or otherwise visible from the exterior of the building in which the home occupation is operated. N. Signs, advertising, or displays of any kind shall not be visible from the public streets or from the exterior boundaries of the property on which the home occupation is conducted. O. Home occupations requiring state or federal licensing or permits must comply with all applicable state and federal regulations and keep current all applicable licenses or permits. P. The city may enter upon and inspect the property on which the home occupation is conducted at all reasonable times to verify compliance with the provisions of this chapter. 5.28.050 Specific Businesses Prohibited Notwithstanding any provision of this chapter to the contrary, the following uses cannot qualify as home occupations: 1. Motor vehicle sales, rentals, or outdoor storage of vehicle inventory. 2. Repair of automobiles or trucks with a gross vehicle weight of 14,000 lbs. or more. 3. Body work, painting, detailing, or fiberglass repair of motor vehicles, including boats. 4. Funeral chapels and mortuaries. 5. Gift shops. 6. Restaurants. 7. Private schools. 8. Indoor storage facilities. 9. Kennels (except as permitted in A-1 and A-S zones), veterinary services, or animal daycare. 10. Mobile toilet businesses. 11. Sexually-oriented businesses. 12. Retail tobacco specialty businesses. 13. Retail e-cigarette specialty businesses. 14. Medical cannabis pharmacy (except as permitted in the A-S zone). 15. Cannabis production establishment (except as permitted in the A-S zone). 16. Any business that is prohibited in the city’s commercial or industrial zones, except for day cares, preschools, and group instructional services. 17. Any business which is illegal under State or Federal law. 5.28.060 Exemptions To License The following uses are exempt from the provisions of this chapter: 1. Sale of goods or services by city residents aged 14 and under that does not conflict with other provisions of the municipal code; 2. Temporary home occupations such as garage sales, yard sales, or craft boutiques that occur not more than four (4) times a year, with each event lasting not more than seventy-two (72) hours; 3. Promotional meetings for the purpose of taking orders for merchandise, by invitation only, which occur not more than once per month; 4. Community/neighborhood fund raisers that are sponsored by the city or approved by city staff; 5. Engagement in business for solely religious, charitable, or other type of strictly nonprofit purpose that is tax-exempt under the laws of the United States and the State of Utah; 6. Engagement in a business specifically exempted from municipal taxation and fees by the laws of the United States or the State of Utah; 7. Selling, offering for sale, or taking orders for or soliciting the sale of any farm products, but not including dairy products actually produced, raised, or grown by the person so selling, offering for sale or taking orders for, or soliciting the sale of any such farm products; and 4  8. Other exemptions as specifically approved in writing by the city council for good cause shown. 5.28.070 Home Occupation Business License Renewal A home occupation business license is subject to annual renewal, with the license year being the calendar year. 5.28.080 Noncompliance; Revocation And Suspension Of Permit The city recorder may revoke or decline to renew a home occupation business license for a violation of any requirement of this chapter. The city recorder, in his or her discretion, may suspend the license temporarily to give the license holder a specified reasonable period of time, not to exceed thirty (30) days, to cure any such violation. If the violation is not cured within the specified period of time, the city recorder shall revoke the home occupation business license. During the period of suspension, the city recorder may impose any restrictions or conditions upon the license holder necessary to prevent further violation of applicable law, including cessation of all activities associated with the home occupation. Any license holder aggrieved by a decision of the city recorder under this chapter may appeal the decision in accordance with Chapter 2.64 of the municipal code. 5.28.90 License Not Transferable No license granted or issued under the provisions of this chapter shall in any manner be assignable or transferable or authorize any person other than the licensee named therein to conduct the business specified in the license. 5  MEMORANDUM TO: Mayor and City Council DATE: 1/25/2024 FROM: Chief Brandon Erekson RE: Parking Ordinance Draft _______________________________________________________________________________ This memo introduces draft updates to general on-street parking regulations. Based on the council’s discussion, a final version may be brought back for adoption at a future meeting. Background The city and the police department frequently receive complaints of vehicles parked on the roadway for extended periods of time, winter parking violations, and other parking issues. It has been difficult to address many parking issues due to traditional citations needing to be issued in-person to the driver of the vehicle. At staff’s request, city prosecutors reviewed the city code, developed options, and drafted the attached language. Highlights The draft code amendments do the following: • Adds definitions to ensure that the code applies to all vehicles and trailers parked on all streets in the city; • Consolidates and clarifies various parking regulations; • For improved enforcement options, the police may cite the owner or driver, or if unable to locate owner/driver, the vehicle may be impounded (towed) after 24 hours’ notice is posted. Staff will be looking for feedback from the council on the various parking regulations and on the idea of impounding vehicles. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  DRAFT 1-31-24 Section 10.04.100 Definitions As used in this chapter: 1. "Vehicle" means any motor vehicle, trailer, off-highway vehicle, manufactured or mobile home, or farm equipment. 2. "Public street" means the entire width between property lines of every highway, road, or street that is open to the public for purposes of vehicular traffic. Section 10.04.200 Parking 1. It is unlawful for any person who owns or who has possession, control, or custody of any vehicle to park or permit another person to park any vehicle upon any public street within West Bountiful City: a. For a period exceeding twenty-four hours; or b. Between the hours of midnight and seven a.m. on any day during the period from November 15th through April 1st of the following year.; or c. When the removal of snow from the streets is or will be reasonably apparent; or d. When one of the City’s authorized agencies otherwise determines and can articulate that it is reasonably necessarily. 2. Exceptions to the above-restrictions: a. Subsection (1)(b) does not apply two (2) days prior, during, and two (2) days after the Thanksgiving and Christmas Holidays. Additionally, overnight parking of a vehicle on any street shall be allowed on New Year’s Eve. b. Subsections (1)(a) thru (d) do not apply to physicians, emergency medical service providers, law enforcement officers, or fire department personnel when acting within the scope of their authority. c. Subsections (1)(a) thru (d) do not apply to an owner of a vehicle who does not know that his or her vehicle is parked by another in violation of the above unless that owner has been given notice of the violation and then fails to bring the vehicle into compliance within twenty-four hours of his or her receiving notice. d. Subsections (1)(a) thru (b) do not apply to owners or lawful possessors of vehicles who have been issued a permit for public street extended parking and display that permit in a location in or on the vehicle that is readily visible to others outside of the vehicle. 3. As described above, residents or lawful possessors of a vehicle may apply to West Bountiful City for a permit for extended parking on a public street within West Bountiful City. West Bountiful City, for good cause shown, shall issue a permit to the applicant. 4. A violation of this chapter is a class C misdemeanor and the minimum fine is $50. 1 DRAFT  DRAFT 1-31-24 a. It is a defense to a charged violation of this chapter that an owner or a lawful possessor of a vehicle parked the vehicle in violation of the chapter as a result of an emergency and that the owner or lawful possessor was reasonably unable to bring the vehicle into compliance within the time frames described above due to the ongoing emergency. Section 10.04.300 Additional Parking Restrictions In addition to other parking restrictions in this chapter, it shall be unlawful to park any vehicle: 1. Over, above, on or across the any public easement between the sidewalk and curbing abutting any public street or any sidewalk or portion thereof, or to otherwise park a vehicle in such a manner so as to obstruct access upon, or us of, the entire surface of any sidewalk; 2. Upon any street or publicly owned or controlled property or right-of-way for the principal purpose of performing maintenance or repairing such vehicle except as is necessitated by an emergency; 3. That is mechanically inoperable or cannot be lawfully operated on public streets upon any street, public right-of-way or publicly owned or controlled property; 4. In a manner proscribed above, or to park such an item on any public street except for the immediate loading or unloading; 5. In any fire lane or to otherwise block or obstruct any fire lane established by the county; 6. On any public property other than in designated parking or obvious parking areas or as legally permissible on roadways; or 7. In any location that interferes with the delivery and monitoring of essential services, such as utilities, postal services, and refuse collection. Section 10.04.400 Enforcement This chapter may be enforced by any law enforcement officer or code officers and citations may be issued by these officers to violators in accordance with the Utah State Code. Section 10.04.500 Notice and Impound 1. In lieu of citing an owner or lawful possessor of a vehicle for a violation of this chapter, any law enforcement or code officer may, if recorded, provide actual notice of an observed violation to the owner or lawful possessor or may provide written or verbal notice of a violation by leaving such notice on the vehicle in a location reasonably visible to someone outside the vehicle or by leaving a message for the owner or lawful possessor at his or her last known address or phone number. 2 DRAFT  DRAFT 1-31-24 2. Once notice has been provided as described above, the owner or lawful possessor of the vehicle has twenty-four hours to bring the vehicle into compliance with this chapter. 3. If after the twenty-four hours period has expired the vehicle in violation remains in violation of this chapter, the vehicle shall be towed and impounded at the owner’s or lawful possessor’s expense. 4. To protect the City from accusations of theft or damage and for the safety of City employees and towing companies, before the vehicle is towed, a law enforcement or code officer shall inventory the vehicle. The inventory shall be either video recorded or witnessed by two officers and audio recorded or otherwise documented in writing. 3 DRAFT  MEMORANDUM TO: Mayor and City Council DATE: February 2, 2024 FROM: Duane Huffman, City Administrator RE: Creation of an Audit Committee _______________________________________________________________________________ This memo introduces a proposed code amendment that creates a 3-member audit committee. Background The creation of an audit committee made up of members of the city council and an outside financial expert is a best practice recommended by the Utah State Auditor’s Office, the Government Finance Officers Association, and the Institute of Internal Auditors. It is also an element included on the annual fraud risk assessment that the city performs every year. The general idea is that it is helpful to have a committee separate from city administration to help ensure the independence and follow-up of the annual financial audit. Recommendation Staff recommends the creation of an audit committee by adoption of the attached ordinance. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  WEST BOUNTIFUL CITY ORDINANCE #480-24 AN ORDINANCE AMENDING TITLE 2 OF WEST BOUNTIFUL MUNICIPAL CODE CREATING THE AUDIT COMMITTEE WHEREAS, West Bountiful City desires to enhance public accountability for its stewardship of public resources; and WHEREAS, the Utah State Auditor’s Office, the Government Finance Officers Association, and the Institute of Internal Auditors recommend the establishment of an audit committee: NOW THEREFORE BE IT ORDAINED by the city council of West Bountiful City that the West Bountiful Municipal Code Title 2 be modified as shown in exhibit A. This ordinance will become effective upon signing and posting. Adopted this 6th day of February 2024. By: ___________________________________ Ken Romney, Mayor Voting by the City Council: AYE NAY Councilmember Ahlstrom Councilmember Butterfield Councilmember Enquist Councilmember Nielsen Councilmember Preece ATTEST: _________________________________ Remington Whiting, City Recorder Ordinance #480-24 Exhibit A WBMC 2.38 AUDIT COMMITEE 2.38.010 Purpose and Creation 2.38.020 General Organization 2.38.030 Duties 2.38.010 Purpose and Creation The West Bountiful City Audit Committee is created to advise the City Council on the annual audit of the city’s financial statements, and to recommend and monitor the annual auditing functions. 2.38.020 General Organization A. Members. The audit committee shall consist of three members: 1. Two members shall be members of the city council. 2. One member shall be a financial expert, possessing: i. An understanding of generally accepted accounting principles and financial statements for local governments; ii. Experience in preparing or auditing financial statements of comparable entities; iii. Experience in applying such principles in connection with accounting for estimates, accruals, and allowance accounts; iv. Experience with internal accounting controls; v. An understanding of audit functions. B. Term: Members shall be appointed by the Mayor with the advice and consent of the city council for terms of two years. C. Removal: Members may be removed at any time by a majority vote of the city council. D. Meetings: The audit committee shall meet as often as necessary in order to adequately advise the city council concerning the selection of an external auditor, review the annual financial statement audit, and other times under their oversight. 2.38.030 Duties The audit committee shall: 1. Follow the city’s procurement code to recommend the selection and engagement of a qualified auditor to audit the city’s annual financial statements. 2. Provide oversight of the integrity of the city’s financial statements, the internal control over the financial reporting process, and compliance with legal and regulatory requirements. 3. Follow up on auditor findings and management letter comments provided by independent auditors.  WEST BOUNTIFUL Page 1 of 6 CITY COUNCIL MEETING January 16, 2024 1 PENDING – Not Yet Approved 2 3 Minutes of the West Bountiful City Council meeting held on Tuesday, January 16, 2024, at West 4 Bountiful City Hall, 550 N 800 West, Davis County, Utah. 5 6 Those in attendance: 7 8 MEMBERS: Mayor Kenneth Romney, Council members James Ahlstrom, Dell Butterfield, 9 Kelly Enquist, Jenn Nielsen, Mark Preece 10 11 STAFF: Duane Huffman (City Administrator), Steve Doxey (City Attorney), Brandon 12 Erekson (Chief of Police), Steve Maughan (Public Works Director), Addison Jenkins 13 (Community Development), Kris Nilsen (City Engineer), and Remington Whiting (City 14 Recorder) 15 16 PUBLIC: Alan Malan, James Bruhn, Melissa Thomas, Aubry Blackburn, Rob Merrick, 17 Tyler Payne, Deby Marshall, Richmond Thornley, Cory Sweat, Michelle Dalroy, Melodi 18 Farley, Jody Bartholomew, Bo Bartholomew, Dianne Dransfield 19 20 EXCUSED: 21 22 Mayor Romney called the meeting to order at 7:31 pm. Mark Preece gave an Invocation, and the 23 Pledge of Allegiance was led by Jenn Nielsen. 24 25 1. Approve Agenda 26 27 MOTION: Mark Preece made a motion to approve the agenda as written. Kelly 28 Enquist seconded the Motion which PASSED by unanimous vote of all 29 members present. 30 31 2. Public Comment 32 33 • No comment 34 35 36 3. Legislative Report – Representative Raymond P. Ward and Senator Todd Weiler 37 38 Senator Weiler 39 Senator Todd Weiler introduced himself and explained that today was the first day of the 40 legislative session. He had previously served on the Woods Cross city council, and 41 explained how he admired and respected city council members. 42 43 Senator Weiler discussed some of the process that will take place over the next few weeks 44 and how the budget projection is down from years past because the federal government is no 45 longer sending covid money.  WEST BOUNTIFUL Page 2 of 6 CITY COUNCIL MEETING January 16, 2024 46 Council member Enquist asked about the idea eliminating the state’s tax on social security 47 tax. Senator Weiler explained that he had presented a bill in 2016 that did not pass because 48 of the fiscal impact but that the legislature has been chipping away at it. 49 50 Duane Huffman asked about zoning and affordable housing issues at the legislature. Senator 51 Weiler discussed how he believes there is a problem but does not agree with the idea of 52 totally preempting cities. 53 54 Council member Ahlstrom asked which candidate Senator Weiler would be endorsing for 55 the US Senate seat. Senator Weiler stated that has already endorsed Brad Wilson. He 56 expressed his admiration that Utah had such good candidates to fill the seat. 57 58 Council member Nielsen asked about a Saturday morning video conference that Senator 59 Weiler holds every week during the legislature. He explained how to participate. He then 60 gave his contact information to the council and to the residents that were attending. 61 62 Representative Ward 63 Representative Raymond Ward began by giving out his contact information, and then 64 praised the candidates for the US Senate seat. 65 66 Representative Ward gave a summary of his bill related to zoning for starter homes. Several 67 council members asked for clarifications on the impact the proposal would have on 68 communities, such as impacts to infrastructure, traffic, and the sense of community. Council 69 members also ask specific questions related to how the bill would work. Representative 70 Ward explained that the bill was a work in progress and that he understood that not everyone 71 would like it. Council members expressed their concern with the bill. 72 73 The Great Salt Lake was discussed. Representative Ward explained that the drying of the 74 lake could potentially be harmful, but that they were working on solving this issue and 75 wanted to keep the lake healthy. 76 77 The mayor thanked both Senator Weiler and Representative Ward for attending the meeting 78 and their work for the community. 79 80 4. Resolution 549-24 – Resolution appointing Laura Mitchell, Robert Merrick, and Tyler 81 Payne (Alternate) to the West Bountiful City Planning Commission. 82 83 Mayor Romney expressed gratitude for all those that had applied and stated that more people 84 had applied for the 2 open positions than ever before. Council member Ahlstrom shared that 85 when he applied 19 years ago, he was the only applicant. The new commissioners were 86 introduced. 87  WEST BOUNTIFUL Page 3 of 6 CITY COUNCIL MEETING January 16, 2024 88 89 MOTION: Jenn Nielsen made a motion to approve Resolution 549-29, consenting to 90 the appointment of Laura Mitchell, Robert Merrick, and Tyler Payne 91 (Alternate) to the West Bountiful City Planning Commission. Dell 92 Butterfield seconded the Motion which PASSED. 93 94 The vote was recorded as follows: 95 James Ahlstrom – Aye Dell Butterfield– Aye 96 Kelly Enquist – Aye Jenn Nielsen– Aye 97 Mark Preece – Aye 98 99 5. Report on 750 W School Traffic 100 101 Chief Erekson reviewed a recent problem with traffic related to school drop-off/pick-up at the 102 750 W cul-de-sac. The police department has been in communication with residents, the 103 school, and the school district, and are working on a solution. It is very much a work in 104 process. 105 106 Council member Nielsen stated that people were deterred from using the school parking lot 107 because it was difficult for the drivers to exit. She believed that it could be from the layout of 108 the parking lot. Potential updates to the parking lot were discussed. These updates would 109 make it easier for drop offs within the parking lot. 110 111 Melissa Thomas – 2033 N 600 W – Shared her concerns with the safety of using the school 112 parking lot, stating that she believed the cul-de-sac was a safer option. 113 114 Mayor Romney clarified that 750 W was not designed to be and will not be a school drop off 115 zone. 116 117 Jody Bartholomew – Share her concerns with the school parking lot and her preference for 118 using the cul-de-sac. 119 120 Mayor Romney asked Chief Erekson to schedule a meeting with the school district to 121 continue working on this issue. 122 123 6. Ordinance 479-24 – Ordinance Amending Title 16 of West Bountiful Municipal Code 124 Updating Subdivision Process Regulations. 125 126 Duane Huffman explained what the ordinance is and what the new steps in the subdivision 127 process will entail, as well as the planning commission and city council’s work on the 128 ordinance to this point. 129  WEST BOUNTIFUL Page 4 of 6 CITY COUNCIL MEETING January 16, 2024 130 MOTION: Kelly Enquist made a motion to adopt Ordinance 479-24, amending Title 16 131 of West Bountiful Municipal Code updating subdivision process 132 regulations. Mark Preece seconded the motion which PASSED. 133 134 135 The vote was recorded as follows: 136 James Ahlstrom – Aye Dell Butterfield– Aye 137 Kelly Enquist – Aye Jenn Nielsen– Aye 138 Mark Preece – Aye 139 140 141 7. Consider Award of City Park – Lights and Outlets Electrical Project. 142 143 Duane Huffman presented the bids for the project at the park, with the options included in the 144 bids. The base bid includes new light poles and lights for the south parking lot, and the 145 options involved placing outlets on the southern pavilions, near the southern trees, or both. 146 147 Christmas lights were further discussed including how they would be hung and how each of 148 the bid options would affect them. 149 150 Council member Butterfield asked if we should be concerned that the recommended bid was 151 significantly lower than the other bids. Steve Maughan explained the references that city 152 reviewed. Some concern was expressed regarding timing and the 4th of July. Steve explained 153 that they said it should not take longer than a month. 154 155 156 MOTION: Kelly Enquist made a motion awarding the City Park – Lights and Outlets 157 Electrical Project to BCM, Inc for $79,940.00 (options 1 and 2) . Jenn 158 Nielsen seconded the motion which PASSED. 159 160 The vote was recorded as follows: 161 James Ahlstrom – Aye Dell Butterfield– Aye 162 Kelly Enquist – Aye Jenn Nielsen– Aye 163 Mark Preece – Aye 164 165 8. Consider Purchase Approval of Public Works Service Truck for $52,299.33. 166 167 Duane explained that the council approved this same truck last year, but because of the new 168 year it is being presented again. Council member Butterfield asked if the city was staggering 169 big purchases and Duane explained that the city attempts to and that supply chain issues have 170 generally interpreted the city’s plans. Steve then explained that a truck will generally be 171 cycled out every five years. 172 173 MOTION: Mark Preece made a motion to approve the purchase of a public works 174 service truck. Kelly Enquist seconded the motion which PASSED by 175 unanimous vote of all members present. 176  WEST BOUNTIFUL Page 5 of 6 CITY COUNCIL MEETING January 16, 2024 177 9. Resolution 550-24 – Resolution appointing Mark Preece as Mayor Pro-Tempore. 178 179 MOTION: James Ahlstrom made a motion consenting to the appointment of Mark 180 Preece as Mayor Pro-Tempore. Kelly Enquist seconded the motion which 181 PASSED. 182 183 The vote was recorded as follows: 184 James Ahlstrom – Aye Dell Butterfield– Aye 185 Kelly Enquist – Aye Jenn Nielsen– Aye 186 Mark Preece – Aye 187 188 189 10. Approval of Minutes from January 2, 2024, City Council Meeting. 190 191 MOTION: Dell Butterfield made a motion to approve the minutes from the December 192 19, 2023, meeting as presented. Mark Preece seconded the motion which 193 PASSED by unanimous vote of all members present. 194 195 11. Staff Reports 196 197 Police - Chief Erekson: 198 • Department statistics have been provided to the city council. 199 • A current crossing guard has retired, and the department is now looking for a replacement. 200 • The department accreditation process is almost complete. 201 202 Public Works - Steve Maughan: 203 • Provided a status update on snow plowing. 204 • Working on water samples which are collected twice a month. 205 • Fluoride issues persist at the new well. 206 • Working on new lead and copper reporting requirements. Must have full inventory and report 207 later this year. 208 • Briefly reviewed the city’s purchase and sale of loaders, with plans to discuss more in the 209 upcoming budget. 210 211 Engineering - Kris Nilsen: 212 • Focused on 3 projects for 1200 N, 1100 W, and 660 W. 213 214 Administration and Community Development – Duane Huffman: 215 • A finance report has been presented to the city council. 216 • Met with UDOT. They made many of the changes that were requested regarding 500 S on 217 the I-15 project. 218 • The city is process two annexation requests – Loveland Greenhouse and South Davis Sewer 219 District. 220 • The city council retreat will be this Friday. The time will be finalized tomorrow. Duane 221 asked the council to let him know if there were any topics that they would like to discuss. 222 The majority of the meetings will consist of high-level strategic planning.  WEST BOUNTIFUL Page 6 of 6 CITY COUNCIL MEETING January 16, 2024 223 224 12. Mayor/Council Reports 225 226 James Ahlstrom – 227 • Asked about the concessions at course. Duane explained that an RFP has been advertised. 228 Mark Preece – 229 • The first Sewer Board meeting of the year will be this Thursday. 230 Dell Butterfield – 231 • Had first meeting with the recreation board. Has been placed on a subcommittee. 232 Kelly Enquist – 233 • The arts council concert was last Friday night, and there was a great turnout. 234 Jenn Nielsen – 235 • Attended first YCC meeting. Four youth will be attending Day at the Legislature tomorrow 236 with Melissa and Elsie, two of the advisors. 237 • Has been interviewing individuals that have previously helped about 4th of July festivities. 238 Mayor Romney – 239 • Shared appreciation for city council members and them serving on boards. 240 241 13. Adjourn 242 243 MOTION: James Ahlstrom made a motion to adjourn this meeting of the West 244 Bountiful City Council. Dell Butterfield seconded the motion which 245 PASSED by unanimous vote of all members present. 246 247 ---------------------------------------- 248 249 The foregoing was approved by the West Bountiful City Council by unanimous vote of all members 250 present on February 6, 2024. 251 252 253 254 Remington Whiting, City Recorder