west bountiful city

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Mayor Kenneth Romney

WEST BOUNTIFUL CITY 550 North 800 West West Bountiful, Utah 84087

City Council

James Ahlstrom James Bruhn Kelly Enquist Debbie McKean Mark Preece

Phone (801) 292-4486 FAX (801) 292-6355 www.WBCity.org

City Administrator Duane Huffman

Acting City Recorder Cathy Brightwell City Engineer Ben White

Public Works Director Steve Maughan

CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN THAT THE WEST BOUNTIFUL CITY COUNCIL WILL HOLD A MEETING ON TUESDAY, JULY 1, 2014 AT 7:30 PM AT THE CITY OFFICE AT 550 NORTH 800 WEST. Invocation/Thought by Invitation Pledge of Allegiance-Debbie McKean

Agenda 1. 2. 3. 4. 5.

6. 7. 8. 9. 10. 11. 12. 13. 14. 15.

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Accept Agenda. Public Comment (two minutes per person) or if a spokesperson has been asked by a group to summarize their comments, five minutes will be allowed. Consider approval of Ordinance 362-14 amending Municipal Code Section 2.32 “Arts Council” to recognize many years of dedicated service. Consider approval of a single lot subdivision for the Hopkinson family at approximately 1277 N 800 West. Consider Ordinance 363-14 amending the West Bountiful City Zoning Map, per a request from Danny and Bonnie Hopkinson to remove the property at approximately 1277 N 800 West from the Historic Overlay District. Consider the creation of an Ad Hoc Committee for research and recommendations regarding playground equipment at the City Park. Consider approval of 60-month lease of ten 2014 Yamaha YDRA “The Drive” Gasoline Golf Cars with an annual payment of $6,915.00. Consider approval of Pipeline Crossing Agreement with Union Pacific Railroad Company. Consider approval of Pipeline Crossing Agreement with Utah Transit Authority. Discussion on the city’s participation on maintenance of the Legacy Trail. Public Works Report. Administrative Report. Mayor/Council Reports. Approval of Minutes from the June 17, 2014 City Council Meeting. Executive session, pursuant Utah Code 52-4-205 (c) to discuss pending or reasonably imminent litigation, and (d) to hold a strategy session to discuss the purchase, exchange, or lease of real property. Adjourn.

According to the American’s with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during the meeting should contact Cathy Brightwell, Acting City Recorder, at (801) 292-4486. This agenda was posted on the State Public Notice website, the City website, emailed to the Mayor and City Council, and sent to the Clipper Publishing Company on June 26, 2014.

WEST BOUNTIFUL CITY ORDINANCE #362-14 AN ORDINANCE AMENDING THE WEST BOUNTIFUL CITY MUNICIPAL CODE SECTION 2.32 “ARTS COUNCIL” TO RECOGNIZE MANY YEARS OF DEDICATED SERVICE

WHEREAS, Utah Code Annotated § 10-8-84 grants authority to the West Bountiful City Council to adopt all ordinances necessary and proper to provide for the safety and preserve the health of its residents; and, WHEREAS, the City Council adopted Ordinance 360-14 to codify the creation, organization and purpose of the West Bountiful Arts Council; and, WHEREAS, Ordinance 360-14 did not properly recognize the many years of dedicated service already provided by the Arts Council; and, WHEREAS, the West Bountiful Arts Council was first formed in 2005, with the following members introduced at the November 15, 2005 City Council meeting: Dianne Smith (Chair), Irene Hestor, Lucile Eastman, Eric Hestor, Bonnie Hopkinson, Leanne Edwards, and Elwood Maloy, Coleen Maloy, and Lucille Martin. NOW, THEREFORE BE IT ORDAINED BY THE WEST BOUNTIFUL CITY COUNCIL THAT TITLE 2 OF THE WEST BOUNTIFUL MUNICIPAL CODE IS AMENDED AS INDICATED. 2.32.XXX West Bountiful City Arts Council A. Purpose and Creation The City recognizes that art, in its many forms, is beneficial to the vitality of the citizenry, bolstering quality of life, economic development, public safety, and academic performance. THE COUNCIL ALSO RECOGNIZES THAT SINCE 2005 DEDICATED CITIZENS HAVE BENEFITED THE RESIDENTS OF WEST BOUNTIFUL THROUGH FAITHFUL SERVICE ON AN A WELL-ORGANIZED ARTS COUNCIL. Therefore, West Bountiful City hereby establishes CODIFIES the FORMATION OF THE West Bountiful City Arts Council to formalize and structure citizen input and service for the purpose of promoting the arts throughout the City. This section shall supersede West Bountiful Code 2.32.010.

This ordinance will become effective upon signing and posting. Adopted this 1st of July, 2014. By: ______________________________________ Ken Romney, Mayor Attest:

________________________________________ Cathy Brightwell, Acting City Recorder

Voting by the City Council: Councilmember Ahlstrom Councilmember Bruhn Councilmember Enquist Councilmember McKean Councilmember Preece

Aye

Nay

MEMORANDUM TO:

Mayor and City Council

DATE:

June 26, 2014

FROM:

Ben White

RE: Hopkinson One Lot Subdivision 1277 N 800 West _______________________________________________________________________________ The Hopkinson family is desirous to subdivide one lot to construct a new home at approximately 1277 N 800 West Street. The property is located along the existing 800 West Street in the R-1-10 zone. The one lot subdivision meets the requirements for the zone. Planning Commission has previously held a Public Hearing for this application and made a positive recommendation for approval to the City Council during the June 24th meeting. There was discussion among the Planning Commissioners as to whether this should be a “one lot” or a “two lot” subdivision; the principal difference being the curb requirement for the second lot (remaining property). I am not familiar with Code language that definitively defines when the division of one piece of property should be considered a one lot or a two lot subdivision, there are some guiding principles. The general rule is that if a property is to be further subdivided in the future (such as a second phase to a development), the undivided property is not included in the subdivision plat. The other principal refers to the famous Nolan and Dolan land use court decisions which stipulate that the required improvements must be related to and proportionate to the impact. It is staff’s opinion, that the one lot subdivision designation is appropriate. The only stipulation required by the Planning Commission is that curb and gutter be constructed along the frontage of the property. The curb will be placed with a nine foot wide park strip to accommodate the large sycamore trees growing along the west side of 800 West Street. A cross section of what 800 West would look like is attached. Staff is suggesting the City use this cross section for 800 West all the way to 400 North Street. It is has already been constructed by UDOT right by the 400 North intersection. Staff’s recommendation is the same as the Planning Commission’s, that the Hopkinson Family be granted Final Plat approval for the one lot subdivision with the stipulation that curb and gutter be constructed along the frontage of the property.

550 North 800 West, West Bountiful, UT 84087 (801) 292-4486

MEMORANDUM TO:

Mayor and City Council

DATE:

June 26, 2014

FROM:

Ben White

RE: Hopkinson Rezone Request for 1277 N 800 West _______________________________________________________________________________ The Hopkinson family is desirous to construct a new home at approximately 1277 N 800 West Street. This is currently the very north boundary of the Historic Overlay District. Besides the standard requirements for the entire R-1-10 zone, properties within the Historic District must also comply with specific architectural requirements. The Hopkinson’s do not want to design their home in conformance with the Historical District requirements and are requesting that their 0.56 acre lot be removed from the District. The Planning Commission held a Public Hearing on June 24th. One family who recently constructed a home in Heritage Pointe spoke in favor of leaving the property in the Historic District. They reported that they like the Historic District and believe that if the city starts reducing its size it will be a detriment to the District. The Planning Commission’s recommendation to City Council was to remove the Hopkinson’s 0.56 acre property from the Historic Overlay District with the following findings: A. The subject property is along the very north boundary of the district. Therefore, no zoning “islands” would be created by granting the zone change request. B. Removal of this property from the Historic District does not detract from the District’s intended purpose. C. The property owner does not want to be in the Historic District, nor construct a home that meets the Historic District design criteria. Planning Commission’s opinion was that the personal property requests should be given the greatest flexibility possible without harming parties. D. The City only included the specific property in the original Historic District zoning boundaries because it was part of a larger land parcel that includes a house with historic contribution.

Action: By approving Ordinance 363-14, the 0.56 acre Hopkinson property would be removed from the Historic District Overlay Zone.

550 North 800 West, West Bountiful, UT 84087 (801) 292-4486

WEST BOUNTIFUL CITY ORDINANCE #363-14 AN ORDINANCE AMENDING THE WEST BOUNTIFUL CITY ZONING MAP BY REMOVING LAND AT APPROXIMATELY 1277 N 800 WEST FROM THE HISTORIC OVERLAY DISTRICT

WHEREAS, Utah Code Annotated § 10-9a, 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, an Application to Rezone the property at approximately 1277 N 800 West by removing it from the Historic Overlay District was submitted by Daniel Hopkinson; and, WHEREAS, the West Bountiful City Planning Commission held public hearings, after proper notice, on June 24, 2014, and recommends approval of the applicant’s request; and, WHEREAS, the City Council finds that the parcel described below should be removed from the Historic Overlay District. Beginning at the Southeast Corner of Lot 1, Wasatch Meadows Estates Subdivision located in the Southwest Quarter of Section 13, Township 2 North, Range 1 West, Salt Lake Base and Meridian, Davis County, Utah and running thence South0°12’23”West 127.00 feet along the West line of 800 West Street; thence North90°00’00”West 192.00 feet; thence North0°12’23”East 127.00 feet to the South Line of Wasatch Meadows Estates Subdivision; thence North90°00’00”East 192.00 feet along said line to the point of beginning. Together with the adjacent 127’ of the 66’ wide 800 West Street right of way.

NOW, THEREFORE BE IT ORDAINED BY THE WEST BOUNTIFUL CITY COUNCIL THAT THE CITY ZONING MAP BE MODIFIED TO REMOVE THE PARCEL, DESCRIBED ABOVE, FROM THE HISTORIC OVERLAY DISTRICT AS INDICATED ON THE ATTACHED ZONING MAP. This ordinance will become effective upon signing and posting. Adopted this 1st of July, 2014. By: ______________________________________ Ken Romney, Mayor

Page Two Ordinance 363-14 Attest:

________________________________________ Cathy Brightwell, Acting City Recorder

Voting by the City Council: Councilmember Ahlstrom Councilmember Bruhn Councilmember Enquist Councilmember McKean Councilmember Preece

Aye

Nay

MEMORANDUM TO:

Mayor & Council

DATE:

June 26, 2014

FROM:

Duane Huffman

RE: Ad Hoc Committee for Playground Equipment _______________________________________________________________________________ The current playground equipment installed at the City Park is in need of being upgraded with available RAP Tax funding. Because of the multitude of options available for this type of project, staff proposes that an ad hoc committee be established for the specific purpose of reviewing and recommending details regarding new playground equipment, including location, type/size/features, ect.

550 North 800 West, West Bountiful, UT 84087 (801) 292-4486

MEMORANDUM TO:

Mayor & Council

DATE:

June 26, 2014

FROM:

Duane Huffman

RE: Golf Cart Lease – 10 2014 EFI Carts _______________________________________________________________________________ Attached to this memo you will find for your consideration a purchase agreement for ten (10) new 2014 golf carts. In conjunction with this purchase, we receive a written agreement from Highland Golf to buy the carts and the remaining amount on the agreement after 5 years, effectively making this a lease arrangement. Below are two important points related to your consideration: 1. This purchase is budget neutral, as these carts will replace ten carts from a similar agreement in 2009 and the cost has remained nearly identical. 2. This agreement is identical to the agreement signed in March of this year. At that time, we were successful in having Yamaha’s standard contractual language regarding the warranty changed. We were not successful in changes some of the other minor points related to the some disclaimers in section 4.2 and the location requirement in section 5.2.

550 North 800 West, West Bountiful, UT 84087 (801) 292-4486

MEMORANDUM TO:

Mayor and City Council

DATE:

June 26, 2014

FROM:

Duane Huffman

RE: I-15 Water Line Improvement Agreements with UTA and Union Pacific Railroad _______________________________________________________________________________ As part of the water line replacement project under I-15 at 400 North, the water line will also be extended under the Union Pacific and UTA (Front Runner) tracks. Agreements such as these are required whenever a new utility crosses the railroad tracks. We have a water line in the same general area, but it is smaller and the location is a few feet away, hence the new agreements. The proposed water line is ours, so we are the party required to execute the agreement even though the work is being constructed as part of a UDOT project. There are no additional costs to the City associated with these agreements. All water line construction costs have been previously included in our agreements with UDOT. Staff is recommending the City Council approve the Pipeline Crossing Agreements with UTA and Union Pacific Railroad.

550 North 800 West, West Bountiful, UT 84087 (801) 292-4486

MEMORANDUM TO:

Mayor & Council

DATE:

June 26, 2014

FROM:

Duane Huffman

RE: Legacy Parkway Trail Maintenance _______________________________________________________________________________ The purpose of this memo is to provide context for a Council discussion on the city’s participation in maintenance for the Legacy Parkway Trail. Before discussing options on moving forward, it would be helpful to briefly review the history of the trail to this point: History •



• •





UDOT designed and funded the trail as part of the Legacy Parkway project, and originally led the various cities to understand that UDOT would maintain the trail. UDOT decided to transfer the maintenance of the trail to the various cities in 2009, and asked each entity to sign a memorandum of understanding regarding this transfer. West Bountiful City has refused to agree to take on maintenance of the trail citing reasons including: o The inequity of asking the city to take on a financial burden it neither requested nor prepared for. o Design and construction issues with the trail that will severely affect maintenance costs, such as drainage problems that lead to standing water and a poor maintenance o The fact that the trail as installed did not match the originally presented design. Since that time, Woods Cross, Centerville, Farmington, and Davis County signed UDOT’s agreement, while North Salt Lake and West Bountiful have never signed the agreement. In 2010, every entity other than West Bountiful signed the enclosed Interlocal Agreement to coordinate and cooperate with the maintenance of the trail. It has each entity maintain their respective trailheads, and Davis County maintaining the trail itself, splitting the cost 6 ways among all entities that abut the trail. While West Bountiful never signed the Interlocal Agreement, we have participated in the cost sharing of the weed maintenance by the County. NSL has also not signed, but performed their own slurry seal of the portion the trail within their limits. As a final point on context, the portion of the trail actually within West Bountiful limits (approx. 3,400 linear feet), is significantly less than the other entities (Woods Cross: 5,700; Centerville: 16,300; Farmington: 14,600; NSL: 14,000; and Davis County 14,300).

(continued)

550 North 800 West, West Bountiful, UT 84087 (801) 292-4486

Options for Moving Forward Based on the actions of the other entities involved, it is clear that UDOT has been fairly successful in transferring the maintenance of the trail. The trail is now several years behind in receiving a needed slurry seal to maintain the asphalt (other than the NSL portion). West Bountiful has the following options in this regard: 1. The city can refuse to participate in any asphalt maintenance, claiming that it is UDOT’s responsibility. This would likely lead the other entities to move forward without us, either covering our share of the cost or leaving a gap in the section of trail that receives the maintenance. We could also choose to re-engage UDOT in this matter. 2. The city can agree to participate as outlined in the already designed Interlocal Agreement, either by signing the agreement or providing our share of the funding without signing (roughly $18,000). It should be noted that the former City Administrator did participate in the structure and drafting of that agreement. 3. The city can propose to participate based on the portion of trail within the city ($5,700), again by providing the funding irrespective of a formal agreement or by asking that the agreement be restructured to equitably treat West Bountiful based on the proportionate length of trail or perhaps population. 4. Similar to NSL, we could do our own asphalt maintenance (and propose that others do the same) by adding it to our own slurry seal projects.

550 North 800 West, West Bountiful, UT 84087 (801) 292-4486

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West Bountiful City

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Planning Commission

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Posting of Agenda - The agenda for this meeting was posted on the State of Utah Public Notice website and the West Bountiful City website, and sent to Clipper Publishing Company on June 20, 2014 per state statutory requirement.

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Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, June 24, 2014, at West Bountiful City Hall, Davis County, Utah.

PENDING

June 24, 2014

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Those in Attendance:

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MEMBERS PRESENT: Vice Chairman Terry Turner, Alan Malan, Mike Cottle, Laura Charchenko and Corey Sweat (alternate)

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MEMBERS/STAFF EXCUSED: Chairman Denis Hopkinson

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STAFF PRESENT: Ben White (City Engineer), Cathy Brightwell (Acting City Recorder), and Debbie McKean (Secretary)

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VISITORS: Danny and Bonnie Hopkinson, Gary Jacketta, Josh Mackenzie, Savannah Tesch, Shauri and Chris Kagie.

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The Planning Commission Meeting was called to order at 7:30 p.m. by Vice Chairman Turner. Ben White offered a few thoughts.

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I. Accept Agenda

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Vice Chairman Terry Turner reviewed the agenda. Mike Cottle moved to accept the agenda as presented. Corey Sweat seconded the motion. Voting was unanimous in favor among members present.

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Business Discussed:

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II. Public Hearing at 7:35 pm for the purpose of receiving public comment on a request for a lot at approximately 1287 North 800 West to be removed from the Historic Overlay District.

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Ben White introduced the public hearing as noticed. He noted that the property is in the R-1-10 Zone and the property owners have requested a rezone of the property and remove it from the Historic Overlay zone.

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ACTION TAKEN:

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Laura Charchenko moved to open the public hearing at 7:38 pm for the purpose of receiving public comment on a request for a lot at approximately 1287 North 800 West to be removed from the Historic Overlay District. Alan Malan seconded the motion and voting was unanimous in favor.

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Public Comment:

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Shauri Kagie asked if the request was to remove and then put it back on. She is opposed to that request and wants to see citizens treated equally. She would like to keep the feel and aesthetics of the historic district. She stated that it would be unfair to those in the district for someone to pick and choose who is in the district and who is subjected to the historic requirements.

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Daniel Hopkinson stated the property owners would like the small lot removed from the Historic zone. He stated that it is not being unfair; they have designed the house to fit in with the other homes in that area. Adjacent properties are not in the historic zone. The home they are building will be of a historic flavor except the requirement for the 5 foot setback on the garage. He feels it fits in nicely and other properties around do not oppose the request to remove the property from the Historic overlay zone.

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Chris Kagie stated that he believes the boundaries for the Historic Zone run to 1300 North. He added that he knows of others who oppose this removal of property.

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Bonnie Hopkinson noted that the current property owners do not want their property to be subject to the requirements of the historic district and felt that was imposed on them. It is not in their best interest. She said the home they are building will add a very nice feel to the city and is of a historic nature.

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ACTION TAKEN:

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Corey Sweat moved to close the public hearing at 7:45 pm. Mike Cottle seconded the motion and voting was unanimous in favor.

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III. Consider approval of a single lot subdivision for the Hopkinson family at approximately 1287 North 800 West.

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Commissioner’s packets included a memorandum dated June 18, 2014 from Ben White regarding the Hopkinson’s One Lot Subdivision at 1287 North 800 West and a plot plan. The memorandum informed the Commission of the Hopkinson family’s desire to subdivide one lot to construct a new home at approximately 1287 North 800 West street. The property is in the R-1-

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10 zone located along 800 West. Staff noted their support of the request with the stipulation that curb and gutter be constructed along the frontage of the lot.

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Ben White clarified that this is not part of the Public Hearing but for the application of a small lot subdivision. He described the property and stated it meets all requirements for a single lot subdivision. He stated that staff was in support of constructing curb and gutter along the frontage of the property.

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Alan Malan asked what the frontage of the property was. Mr. White responded 170 feet. Mr. Malan noted that City Council asked about the need to have curb, gutter and sidewalk extending the length of the property. Ben White does not see the need for that according to our code. Alan asked about the trees along the park strip and Ben White explained that the desire is to have the park strip be 9 feet on the west side of the street to accommodate the large trees that are presently there instead of the regular 4 feet width. Alan Malan asked if there needed to be a delay agreement in place for the remainder of the property. Ben White will research that for the information of the City Council. Mr. Malan asked about the utilities and if they will be buried. Ben White stated that a proposal has not been made to date. He explained that all new construction services for utilities of new developments will go underground but not for existing services.

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Corey Sweat inquired regarding the utilities that Mr. Malan brought up. Mr. White explained to him that all utilities to the home would be underground; services are already existing above ground.

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Laura Charchenko, Mike Cottle and Mr. Turner were supportive of the application.

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ACTION TAKEN:

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Corey Sweat moved to approve a single lot subdivision for the Daniel Hopkinson family at approximately 1287 North 800 West with the following condition that curb and gutter will be constructed along the front of the lot. Laura Charchenko moved to second the motion and voting was unanimous in favor.

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IV. Consider request to remove the property at approximately 1287 North 800 West from the Historic Overlay District.

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Commissioner packets included a memorandum dated June 18, 2014 from Ben White regarding the Hopkinson Rezone Request at 1287 North 800 West, along with the application from Daniel Hopkinson to rezone.

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The memorandum included the following information:

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The Historic Overlay District is a zoning subsection to the R-1-10 zone with the regular standard requirements, the properties within this area have to also comply with specific architectural requirements in which the current property owners (Hopkinson’s) do not want to conform to and are requesting a .56 acre lot be removed from that District.

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Findings that were both supportive of the property remaining in the Historic District, as well as findings supporting the removal of the property from the District when considering this request.

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Ben White introduced the information on the memorandum. He noted that you need a certain amount of property to make a district a district. He pointed out the findings that the property could be in or out of the district with no affect to the value as listed in the memorandum. He noted that new homes will never look like a 100 year old home. He stated that the property owner does not want it there, and that it can be removed from the zone. He also noted that the city rezones entire parcels not individual lots. Opinions vary a lot and are all correct. It is up to the Commission to decide what they want to send to the City Council for recommendation on this application.

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Alan Malan noted that this is a tough decision. He gave some information of why they included this area in the Historic District Overlay Zone. He noted the developers of the Heritage Pointe wanted to be a part of the zone and impose restrictive covenants for Historic homes. He stated that this developer does not want that. Mr. Malan commented to the historic look of the plans for the Hopkinson home and felt it would provide a good transition from new homes to historic homes. The problem he sees is that it is on 800 West and so he is torn whether or not it should remain a part of the historic district overlay zone. With his mix of feelings, he still rules in favor of the desires of the property owner.

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Laura Charchenko supports keeping the historic feel in the area, but does not feel the property owners should be infringed upon to comply with something they had no decision in. It makes sense to her to end it next to the last Historic home on the street. She supports the rezone application.

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Mike Cottle and Corey Sweat supported Ms. Charchenko’s statements ruling in favor of the property owner rights.

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Terry Turner pointed out that it is not just stuck in the middle of historic homes. He feels the design plans maintain continuity of the historic feel. It is on 800 West but it is at the end of the historic district. He is in support of the application.

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ACTION TAKEN:

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Laura Charchenko moved to make the recommendation to City Council to remove the property at approximately 1287 North 800 West from the Historic Overlay District with the findings that the property is along the very north boundary of the district, therefore no zoning “islands” would be created by granting the zone change request; removal of this property from the Historic District does not detract from the District’s intended purpose; the property owner does not want to be in the Historic District, nor construct a home that meets the Historic District design criteria; and the City only included the specific property in the original Historic District zoning boundaries because it was part of a larger land parcel that includes a house with historic character. Corey Sweat seconded the motion and voting was unanimous in favor.

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V.

Staff Report •

Cathy Brightwell informed the Commission of the 4th of July events and on the 3rd with the Safety fair, Concert and Fireworks.

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Next Planning Commission meeting will be July 8th with a couple of conditional use permits.

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VI. Approval of the June 10, 2014 meeting minutes

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ACTION TAKEN:

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Alan Malan moved to approve of the minutes dated June 10, 2014 as presented. Corey Sweat seconded the motion and voting was unanimous in favor among those members present.

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VII. Adjournment

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ACTION TAKEN:

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Alan Malan moved to adjourn the regular session of the Planning Commission meeting. Laura Charchenko seconded the motion. Voting was unanimous in favor. The meeting adjourned at 8:15 pm.

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.......................................................

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The foregoing was approved by the West Bountiful City Planning Commission on July 8, 2014, by unanimous vote of all members present.

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_______________________________

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Cathy Brightwell – Acting City Recorder

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WEST BOUNTIFUL CITY COUNCIL MEETING

PENDING

Page 1 of 7 June 17, 2014

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Minutes of the West Bountiful City Council meeting held on Tuesday, June 17, 2014 at West Bountiful City Hall, 550 N 800 West, Davis County, Utah.

3.

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Duane Huffman summarized the situation described in his memorandum and letter from David and Terrie Ryan at 425 N 60 W regarding their broken water line. He cited the code that makes the Council the official Board of Equalization to hear complaints and make adjustments that are deemed to be fair and just regarding water charges. Duane reported that until this incident our records show that the Ryan’s have never used more than the allotted 8,000 gallons per month, and the water leak has now been fixed. There was some discussion about the efforts the Ryan’s had taken to fix the problem. Council member McKean asked for clarification about what portion of the total amount currently due is overage versus part of the regular monthly bill. Heidi Voordeckers pulled the actual bills which show that for water only, the charges for the first month were $246.53 and the charges for the second month were $85. After subtracting the monthly water fee of $63 for each of those months, the overage amount is $205.53.

Those in attendance: MEMBERS: Mayor Kenneth Romney, Council members James Ahlstrom, James Bruhn, Kelly Enquist, Debbie McKean, Mark Preece STAFF: Duane Huffman (City Administrator), Steve Doxey (City Attorney), Heidi Voordeckers (Finance Director/Recorder), Ben White (City Engineer), Chief Todd Hixson, Paul Holden (Golf Director), Cathy Brightwell (Deputy Recorder/Secretary) VISITORS: Alan Malan, Corey Sweat, Dave & Terrie Ryan, D. Michael Nielsen, Josh & Trisha Davis,

Mayor Romney called the meeting to order at 7:30 pm. James Ahlstrom gave an Invocation, and the Pledge of Allegiance was led by Kelly Enquist. 1.

Accept Agenda

The Mayor reviewed the agenda and reported that the certified tax rate listed in Item 8 had been updated and would be discussed at that time. MOTION:

2.

James Bruhn moved to approve the agenda as written. James Ahlstrom seconded the Motion which PASSED by unanimous vote of all members present.

Public Comment No comments. Consider request to waive April 2014 water excess usage fees – David Ryan

WEST BOUNTIFUL CITY COUNCIL MEETING

PENDING

Page 2 of 7 June 17, 2014

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Council member Enquist asked Ben White if we have some kind of option in our system that will shut off the water automatically if it detects that the water hasn’t stopped. Ben responded that because we only read meters once a month we would not pick such a signal. Mayor Romney asked if the information would be stored so it would show up when we do read meters. Ben said he will check. Council member McKean asked how many times this usually happens. Duane responded that he has no figures on it, but it probably happens several times a year. He added that in most cases folks just pay the bill. He said that in the past, staff has been able to set up payment arrangements. The Mayor said that in his six years, he believes this is the first time anyone has come to Council for this type of problem.

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Mike Nielson introduced himself and said that for years he served as West Bountiful’s prosecutor before being arrested for drugs which ended his career as a prosecutor. He said he was fortunate to get involved in the South Davis Recovery Club and introduced other members of the group with him tonight. He informed Council that this is a local group for AA and other required meetings that provide a safe place to learn new and different ways of living. They are open 8 hours/day, 365 days/year with 3 meetings per day. He believes that all other similar groups in the area are sponsored by churches; they are excellent but usually only meet in the evenings. He explained that participation in these meetings are often a requirement of DUI court, and he has enjoyed his association with the group. Their motto is: Recovery, Unity, Service. Mr. Nielson said they have met with most south Davis city councils, with the exception of Bountiful, and they have a dual purpose for being here. The first is to provide information about the group and what they do for the community. He stated they had been located above Spanky’s, in North Salt Lake but are acquiring a new building at 200 West and Center St. in Bountiful. The second reason they are here is to make a request for funding. The group is currently able to fund day to day expenses but have trouble with larger items, and pointed out that they have moved 14 times because rent goes up. In their new location they have signed a lease-to-own contract. They do their own fund raisers, but can’t afford large expenses such as roof repairs, so they are requesting $2,500 from each city. He said they understand how tight budgets are, and would appreciate anything the City can do. He added that when they met with the North Salt Lake City Council, the police chief suggested this could be part of alcohol funds and he told them he would like to pass

MOTION:

Debbie McKean moved to excuse $205.53 in water fees for the Ryan’s caused by their water leak. James Ahlstrom asked to add language that states the Council believes this treatment is fair and just. Ms. McKean agreed to the additional language. James Ahlstrom seconded the Motion which PASSED. The vote was recorded as follows: James Ahlstrom – Aye James Bruhn – Aye Kelly Enquist – Aye Debbie McKean– Aye Mark Preece – Aye

Presentation by the South Davis Recovery Club

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their card out if there is a situation that warrants it. Mayor Romney suggested they contact Craig Johnson from the Community Development Block Grant (CDBG) program. He explained they give grants for community programs and it may be a great opportunity for them. Council member Ahlstrom suggested they may also want to contact Mike Wright with Holly Frontier as they may be able to help. The Mayor said that the Council would consider their request and thanked them for coming and for the information they provided. 5.

Consider Notice of award in the amount of $97,898 to Hills Construction for the Altitude Valve Installation Project

This project is for the connection to Bountiful’s water system. Ben reported that the City had three bidders and he was somewhat surprised there were not more. He believes it is a sign contractors are doing pretty well right now. Council member McKean commented about the great disparity in the line items of each bid. Ben discussed several potential reasons. Contractors will often include different labor and material costs in different line items. If approved, this project will begin around September 1. MOTION:

James Bruhn moved to award the bid from Hills Construction in the amount of $97,898 for the Altitude Valve Installation Project. Debbie McKean seconded the Motion which PASSED. The vote was recorded as follows: James Ahlstrom – Aye James Bruhn – Aye Kelly Enquist – Aye Debbie McKean– Aye Mark Preece – Aye

6.

Consider appointment of Cathy Brightwell as acting City Recorder. MOTION:

7.

James Ahlstrom moved to appoint Cathy Brightwell as the acting City Recorder. Mark Preece seconded the Motion which PASSED by unanimous vote of all members present.

Consider approval of Resolution 340-14, a resolution amending the Fiscal Year 20132014 budget.

Heidi Voordeckers explained that the proposed budget amendment allowed for the transfer of incorporated funds (unclaimed funds from police work) to cover the additional Charger lease buyout, as was proposed by the police department earlier this year. Other changes include reallocating public works budgeted payroll to match department expenses, recognizing a new line item for the collection of delinquent property tax, and funding for the extension of the sidewalk project in the park, as well as an additional $500 donation to the Veteran’s Memorial in Sandy.

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MOTION:

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James Bruhn moved to approve Resolution 340-14, amending the Fiscal Year 2013-2014 budget. Debbie McKean seconded the Motion which PASSED. The vote was recorded as follows: James Ahlstrom – Aye James Bruhn – Aye Kelly Enquist – Aye Debbie McKean– Aye Mark Preece – Aye

8.

Consider approval of Resolution 341-14, a resolution adopting the FY 2014-2015 budget and Certified Tax Rate of .001797

Council member McKean asked if we were to donate to Mike Nielson’s group where would if come from. Heidi Voordeckers responded that it could come from the community action programs line item, but additional funding would need to be added in that area, as it is all currently allocated. Ms. Voordeckers also clarified that the new Certified Tax rate is .001788. MOTION:

James Bruhn moved to approve Resolution 341-14, adopting the FY 2014-2015 budget and Certified Tax Rate of .001788. James Ahlstrom seconded the Motion which PASSED. The vote was recorded as follows: James Ahlstrom – Aye James Bruhn – Aye Kelly Enquist – Aye Debbie McKean– Aye Mark Preece – Aye

9.

Planning Commission Report

Ben White reported that at its last meeting the planning commission held a public hearing for the Hopkinson’s one lot subdivision. The applicant revised the initial location from the west side of the property to 800 West just south of Wasatch Meadows. There was also discussion about where to place curb and gutter and where to begin a wider park strip to accommodate large Sycamore trees along 800 West. Ben explained that as a small subdivision, once they get plat approval from planning commission, they will likely come to city council for final approval in July. Ben continued that during the meeting, the Hopkinson’s decided to request removal from the Historic Overlay district because the home they intend to build does not conform to the historic design requirements. A public hearing to remove this lot from the historic overlay district is scheduled for next week. There was then discussion about the adjoining corner lot in Wasatch Meadows and whether it was in the historic district. Ben confirmed that it was not in the historic district. The Mayor said the developer voluntarily agreed to build a historic home on that lot but never did. Now the lot has been sold and it will not look historic. Council member McKean commented that she sees the area north of 1000 North as hodge-podgey with no uniform historic

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character, so she wonders why we would want to maintain that standard. Council member Ahlstrom commented that he is not sure what benefit the city has received from having these historic building requirements. Heritage Pointe is turning out nice but he hears lots of complaints about the design requirements. 10.

Police Report

Chief Hixson reviewed the monthly report provided to the Council, noting that several officers are having anniversaries with the city, the Emergency Preparedness Advisory Committee meeting had been rescheduled, and thanking the Mayor and Council for their support over the last year. 11.

Engineer Report

Ben White reported that soil samples have been taken on the Holly berm. If the results show the dirt is clean, the city will discuss a new grading plan with Holly. The 800 West project is moving along and will continue through June and most of July with the road being closed during the day and open to local traffic at night and on weekends. Sidewalks are being installed around the Park where they did not connect with existing sidewalks. The alternative valve project (Bountiful water connection) needs to be completed so we can coordinate with I-15 construction. The delay in start time to that project relates to the time required to get special parts. Ben added that UDOT approached the city at the last minute with some details/costs associated with potential improvement associated with the I-15 project. There is very little betterment money available from UDOT, so the cost of the improvements would fall on the city. With the money available from UDOT, the south Davis cities have talked about powder-coating any visible steel items and having some uniformity related to potential signage. We had talked informally about a canopy over the 400 North sidewalk, but UDOT is saying that the cost would be about $200k (just over I-15). The Council discussed designing the bridge so a cover could be added at a later time, and Ben will check into that. With the remaining betterment money, we will look into extending the smaller-mesh chain-link fence as far west along 400 N as possible. 12.

Administrative Report

Duane Huffman noted how sad we are to lose Heidi this week. He invited everyone to a farewell lunch on Thursday, and talked about how great she has been to work with during this transition. He acknowledged that this transition has given us a quick idea of how much we value her. The plan is to come back soon with staffing ideas. He reported that things continue to go well at the golf course. We are transitioning to the new point of sale system this week. The new heating/air conditioning will be going in next week and will take about a week to complete. The #17 tee box will be open in a couple of weeks. Tomorrow Duane will join council members Preece and Enquist for a tour of Weber Basin facilities. Staff is still working out the final details on the grazing leases. 13.

Mayor/Council Reports

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Kelly Enquist talked about how much he enjoyed attending the Coats for Kids event and seeing all the old refurbished cars. He asked about the city’s policy on covering loads of dirt. He said there has been a considerable amount of dust lately and he’s not sure where it is coming from. Duane Huffman said he will check in to it and report back. Mr. Enquist then talked about signs at the park not being clear about whether dogs, horses and bikes are allowed, and asked how we enforce it. Chief Hixson agreed that the current signs are confusing. There was discussion about bikes and the difference between fast bikes on Legacy trail and family biking on the trail around the Park and comments that it may not be an issue in the Park. He then reported that he has received several calls regarding back yard fires and asked the Chief if they are legal. Chief Hixson responded that recreational burning is legal under certain conditions. Debbie McKean was not able to attend the last Mosquito Abatement meeting so had no report. When asked if there had been any feedback about removing the no spray zones, she responded that she is not aware of any complaints. July 4th update – she confirmed that everyone has their cars. She will submit parade entry applications online for each council member. She reminded members they can pick up their candy and shirts in the back lobby at city hall next week. She warned them not to take more than what they ordered to avoid not having enough for everyone. She then went over some of the council assignments for Park activities on the 4th. James Bruhn reported he received comments regarding concerns of personal information being listed in the city newsletter, and suggested we be more careful in the future. For his Wasatch Integrated report he said they are still negotiating with Hill AFB to finalize their contract. He said they are struggling; it is very difficult to work with the federal government. He commented that he was at a young men and women’s activity at the Park and it looked better than he has ever seen before. He added that the entire City looks great, including the golf course. He said he and Duane looked at the cart shed to get some ideas of what to do to make it look better, and will get some bids. Mark Preece reported that the Sewer board is facing an interesting dynamic. When he joined the Board, he was the first new member in 15 years. Now, they have a new member from Woods Cross, the North Salt Lake member was called on a mission, and another member died, so there will be 3 new members out of 7. He also reported that Youth City Council does not have a lot going one other than July 4th preparations, and he reminded everyone that applications for next year are due by July 1. James Ahlstrom reported that Bob Holmes, from Olsen Ranches subdivision, found a different source for his dirt so he is not currently moving it from I-15. He then addressed council member McKean’s earlier question about where money would come from if the council wanted to donate to a group such as the one they heard earlier this evening. For that particular group, he recommended checking with Chief Hixson regarding possible availability of alcohol money. Duane added that there is a specific procedure to follow when donating to non-government entities, which could be incorporated into a future budget amendment process.

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Mr. Ahlstrom said the golf course looks great but asked when the area near the parking lot east of the carts will be landscaped. Paul Holden responded that Marcus started working on that area today. James then commented that the grass on the outside of the fence on 1100 West appears to be doing well but he thinks the transition from grass to gravel to asphalt may need to be addressed. Mayor Romney thanked everyone for all they are doing on July 4th activities, then added “Go USA!” in reference to the recent U.S. soccer win. 14.

Approval of Minutes from the June 3, 2014 City Council Meeting. MOTION:

15.

James Bruhn moved to approve the minutes from the June 3, 2014 meeting as presented. Debbie McKean seconded the Motion which PASSED by unanimous vote of all members present.

Executive session, pursuant to Utah Code 52-4-205 (a) to discuss the character, professional competence, or physical or mental health of an individual, (c) to discuss pending or reasonably imminent litigation, and (d) to hold a strategy session to discuss the purchase, exchange, or lease of real property. No executive session was held.

16.

Adjourn MOTION:

James Bruhn moved to adjourn this meeting of the West Bountiful City Council at 9:10 pm. James Ahlstrom seconded the Motion which PASSED by unanimous vote of all members present. ----------------------------------------

The foregoing was approved by the West Bountiful City Council by unanimous vote of all members present on Tuesday, July 1, 2014.

_________________________________ Cathy Brightwell (Acting City Recorder)

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