SOUTH WEBER CITY COUNCIL AGENDA · Chapter 1 Water Use and ... GL Acct No Vendor Vendor Name Description Invoice No PO No Inv ... 5487 POST ASPHALT PAVING ASPHALT PAVING 2010-621

SOUTH WEBER CITY COUNCIL AGENDA

PUBLIC NOTICE is hereby given that the City Council of SOUTH WEBER, Davis County, Utah will meet in a REGULAR public meeting TUESDAY, 11 JANUARY 2011 at the City Council Chambers,

1600 E South Weber Dr, South Weber, UT commencing at 6:00 p.m. ___________________________________________________________________________________________________________

PUBLIC WORK MEETING:

5:30 p.m. REVIEW WARRANT REGISTERS & REVIEW AND DISCUSS AGENDA ITEMS COUNCIL MEETING:

6:00 p.m. PLEDGE OF ALLEGIANCE

PRAYER

APPROVAL OF AGENDA

DECLARATION OF CONFLICT OF INTEREST

CONSENT AGENDA (These items are considered by the City Council to be routine and will be approved by a single motion. There will be no separate discussion on Consent Agenda items prior to the vote, unless removed from the Consent Agenda to be considered separately.) ♦ Approval of 9 November 2010 Council Meeting Minutes ♦ Approval of 2011 Meetings Schedule ♦ Ratify Purchase Order #1693 L.N. Curtis $12,840 For SCBA Equipment – Fire Dept.

6:05 p.m. RESOLUTION 11-01: Final Plat Sure Steel Subdivision (2 Lots) Located at Approx. 7620 South Cornia Drive 6:15 p.m. RESOLUTION 11-02: City Snow and Ice Removal Policy 6:25 p.m. ORDINANCE 11-01: An Ordinance Amending Title 8 Water, Sewer, Storm Water and Drainage, Chapter 1 Water Use and Service, Section 2 Applications for Connection, Service, Articles C and D, and Section 5 Discontinuance of Service 6:35 p.m. ORDINANCE 11-02: An Ordinance Amending Title 3 Business and License Regulations, Chapter 2 Businesses Regulated, Section 1 Types of Businesses, Item 5, Rental Units 6:40 p.m. DISCUSSION: Direction for City Emergency Preparedness Fair 2011 6:50 p.m. DISCUSSION: Changing “Prayer” at Opening of Council Meetings to “Invocation or Thought”

7:00 p.m. NON SCHEDULED DELEGATION / PUBLIC COMMENT Keep public comments to 3 minutes or less per person. MAYOR CITY COUNCIL ASSIGNMENT UPDATES & OTHER INFORMATION

CITY MANAGER STAFF

THE UNDERSIGNED DULY APPOINTED CITY RECORDER FOR THE MUNICIPALITY OF SOUTH WEBER CITY HEREBY CERTIFIES THAT A COPY OF THE FOREGOING NOTICE WAS MAILED, EMAILED, FAXED OR POSTED TO:

CITY OFFICE BUILDING SOUTH WEBER FAMILY ACTIVITY CENTER DAVIS COUNTY CLIPPER CITY WEBSITE www.southwebercity.com SOUTH WEBER ELEMENTARY STANDARD-EXAMINER

UT PUBLIC NOTICE WEBSITE ww.utah.gov/pmn THOSE LISTED ON THE AGENDA SALT LAKE TRIBUNE EACH MEMBER OF GOVERNING BODY DESERET NEWS

DATE: January 7, 2011 CITY RECORDER: Erika J. Ahlstrom

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, INDIVIDUALS NEEDING SPECIAL ACCOMMODATIONS DURING THIS MEETING SHOULD NOTIFY ERIKA AHLSTROM, 1600 EAST SOUTH WEBER DRIVE, SOUTH WEBER, UTAH 84405 (801-479-3177)

Agenda times are approximate and may be move in order, sequence and time to meet the needs of the Council.

PUBLIC HEARING

PD = Fully Paid Invoice PR = Partially Paid Invoice

SOUTH WEBER CITY CORPORATION Payment Approval Report by GL No Page: 1

Unpaid / Partial Paid Invoices ALL - ALL Dec 28, 2010 10:34am

Report Criteria:

Invoice.Payment Due Date = {<=} 01/01/2011

GL Acct No Vendor Vendor Name Description Invoice No PO No Inv Date Amount Period GL Activity No

10-60-260 GENERAL FUND - STREETS - Buildings & Grounds - Shop

181 AIRGAS INTERMOUNTAIN INC. TANK REFILLS FOR SHOP 104731022 12/01/2010 37.43 12/10 0

10-43-610 GENERAL FUND - ADMINISTRATIVE - Miscellaneous Supplies

401019 CHERRY BOMB CITY MGR BUSINESS CARDS 10107-1 10/28/2010 40.67 12/10 0

10-60-250 GENERAL FUND - STREETS - Equipment Supplies & Maint.

2310 EVCO HOUSE OF HOSE CAM ends and clamps 3569074 12/06/2010 87.88 12/10 0

51-40-250 WATER UTILITY FUND - EXPENDITURES - Equipment Supplies & Maint.

2310 EVCO HOUSE OF HOSE HOSE 3572036 12/13/2010 59.61 12/10 0

51-40-483 WATER UTILITY FUND - EXPENDITURES - Emergency R & R Water

2310 EVCO HOUSE OF HOSE WATER LEAK MATERIALS 3570361 12/08/2010 30.68 12/10 0

10-43-315 GENERAL FUND - ADMINISTRATIVE - Professional & Tech. - Auditor

2793 GILBERT AND STEWART, CPA'S AUDITOR PROFESSIONAL SERVICES 113010 11/30/2010 2,187.50 12/10 0

51-40-315 WATER UTILITY FUND - EXPENDITURES - Professional & Tech. - Auditor


52-40-315 SEWER UTILITY FUND - EXPENDITURES - Professional & Tech. - Auditor


54-40-315 STORM SEWER UTILITY FUND - EXPENDITURES - Professional & Tech. - Auditor



4125 LOWES PROX BUILDINGS 23839 12/08/2010 22.50 12/10 0

51-21350 WATER UTILITY FUND - CUSTOMER DEPOSITS

13805 TOLMAN, BRAD & KRISTIN REFUND ON DEPOSIT 122210 12/22/2010 120.00 12/10 0

51-37-100 WATER UTILITY FUND - WATER UTILITIES REVENUE - WATER SALES

13805 TOLMAN, BRAD & KRISTIN REFUND ON OVERPAYMENT ON UTILITY ACCOUNT 122210-1 12/22/2010 20.88 12/10 0

52-25040 SEWER UTILITY FUND - SEWER CONSTRUCTION BOND

7373 UTAH STATE DIVISION OF FINANCELOAN #131 000114 - SEWER 122210 12/22/2010 153,000.00 12/10 0





Grand Total: 162,169.65

Dated: ______________________________________________________

City Treasurer: ______________________________________________________

City Manager: ______________________________________________________

Report Criteria:





Report Criteria:



10-61-411 GENERAL FUND - CLASS "C" ROADS - Snow Removal

112 AG TRUCK Shock plate 47386 12/02/2010 532.29 12/10 0

51-16670 WATER UTILITY FUND - WATER - WIP

432 APCO INC TANK 4 AND BOOSTER STATION 3184 12/01/2010 17,478.00 12/10 45070900

51-40-490 WATER UTILITY FUND - EXPENDITURES - Water O & M Charge

432 APCO INC SCADA SYSTEM - 3185 12/01/2010 956.76 12/10 0

870 BLUE STAKES OF UTAH BLUE STAKES TRANSMISSIONS UT201001191 11/30/2010 127.68 11/10 0

127.68 *

10-43-740 GENERAL FUND - ADMINISTRATIVE - Equipment Purchases

1310 CDW GOVERNMENT INC FIREWALL VQS7532 11/23/2010 258.00 11/10 0

10-43-610 GENERAL FUND - ADMINISTRATIVE - Miscellaneous Supplies

401019 CHERRY BOMB BUSINESS CARDS - CITY MGR 10107 10/28/2010 50.99 12/10 0


13703 DAYTON, MARK GENERATOR REPAIRS 120910 12/09/2010 78.25 12/10 0

10-70-250 GENERAL FUND - PARKS - Equipment Supplies & Maint.

401013 Frontier Wholesale repairs for swing 1027 11/30/2010 110.00 11/10 0

10-34-250 GENERAL FUND - CHARGES FOR SERVICES - Bldg Rental/Park Use (Bowery)

13803 GREENWELL, GWEN DEPOSIT REFUND ON CIVIC CENTER 121310 12/13/2010 200.00 12/10 0

10-43-280 GENERAL FUND - ADMINISTRATIVE - Telephone

3320 INTEGRA TELECOM CITY OFFICE PHONE LINES 7666855 12/03/2010 227.76 12/10 0



52-40-490 SEWER UTILITY FUND - EXPENDITURES - Sewer O & M Charge

4783 NATIONWIDE ENVIROMENTAL SRVCSLIFT STATION DEGREASER 4608 12/07/2010 842.95 12/10 0


4950 NORTH AMERICAN SALT COMPANYSALT FOR SNOW REMOVAL 70593094 12/01/2010 1,306.58 12/10 0

4950 NORTH AMERICAN SALT COMPANYSALT FOR SNOW REMOVAL - CREDIT FROM INV#7044373 90017495 12/11/2009 436.28 - 03/10 0

4950 NORTH AMERICAN SALT COMPANYSALT FOR SNOW REMOVAL 70592230 11/30/2010 273.24 11/10 0





4950 NORTH AMERICAN SALT COMPANYSALT FOR SNOW REMOVAL 70590206 11/24/2010 1,896.84 11/10 0

4950 NORTH AMERICAN SALT COMPANYSALT FOR SNOW REMOVAL 70591376 11/29/2010 617.32 11/10 0

3,657.70 *


5487 POST ASPHALT PAVING ASPHALT PAVING 2010-621 12/08/2010 2,800.00 12/10 0

10-60-271 GENERAL FUND - STREETS - Utilities - Street Lights

5870 ROCKY MOUNTAIN POWER POWER BILL Acct# 43514766-0029 120310 12/03/2010 5,647.86 12/10 0

51-40-270 WATER UTILITY FUND - EXPENDITURES - Water - Power & Pumping

13059 UTILITY COST MANAGEMENT CONSLT UTILITY MANAGEMENT 14243 12/10/2010 219.27 12/10 0

52-40-270 SEWER UTILITY FUND - EXPENDITURES - Sewer - Power & Pumping

13059 UTILITY COST MANAGEMENT CONSLT UTILITY MANAGEMENT 14243 12/10/2010 219.26 12/10 0

51-40-481 WATER UTILITY FUND - EXPENDITURES - Water Purchases

7830 WEBER BASIN WATER HIDDEN OAK PARCEL #09-265-0015 0028815-IN 11/15/2010 38.76 11/10 0

7830 WEBER BASIN WATER WATER PURCHASES 110310 11/03/2010 139,996.32 12/10 0

7830 WEBER BASIN WATER IRRIGATION - CEDAR BENCH RETENTION POND 0028880 11/15/2010 128.51 11/10 0

7830 WEBER BASIN WATER IRRIGATION - SILVER LEAF 09-344-0022 0028917 11/15/2010 224.43 11/10 0

7830 WEBER BASIN WATER IRRIGATION - PARCEL #13-267-0025 0028956 11/15/2010 68.20 11/10 0

7830 WEBER BASIN WATER IRRIGATION - 1600 EAST 0029092 11/16/2010 59.47 11/10 0

140,515.69 *

10-43-262 GENERAL FUND - ADMINISTRATIVE - General Government Buildings

7950 WHITEHEAD ELECTRIC INC ELECTRICAL SUPPLIES 11114888.001 12/06/2010 46.65 12/10 0


8100 Y2 GEOTECHNICAL, P.C. GEOTECHNICAL SERVICES 3650 12/08/2010 1,000.00 12/10 45070902


Dated: ______________________________________________________

City Treasurer: ______________________________________________________

City Manager: ______________________________________________________





Report Criteria:




Unpaid / Partial Paid Invoices ALL - ALL Dec 07, 2010 04:49pm

Report Criteria:



10-42-313 GENERAL FUND - JUDICIAL - Professional/Tech. - Attorney

236 ALLRED, CHRISTOPHER F ATTORNEY FEES 120210 12/02/2010 500.00 11/10 0


300 AMERICAN LEAK DETECTION WATER LINE LEAK DETECTION 7977 11/19/2010 335.00 11/10 0

10-60-251 GENERAL FUND - STREETS - Vehicle Supplies & Maintenance

625 BARBER BROS FORD 2006 - MAINT AND TRANS FLUSH 540548 11/30/2010 1,088.98 11/10 0

10-70-261 GENERAL FUND - PARKS - Grounds Supplies & Maintenance

760 BELL JANITORIAL SUPPLY PAPER TOWELS/2-PLY TISSUE 410036173 11/30/2010 64.05 11/10 0

51-40-140 WATER UTILITY FUND - EXPENDITURES - Uniforms

1200 CAL RANCH STORES BOOTS - BRYAN 9324894 11/10/2010 149.99 11/10 0


1379 CINTAS FIRST AID & SAFETY FIRST AIDE STATIONS - CITY BUILDINGS 0199262133 12/06/2010 54.59 12/10 0

1570 COLONIAL FLAG SPECIALTY CO INCCITY FLAG 0043328 11/22/2010 160.00 11/10 0

160.00 *


2235 DURKS PLUMBING PARK 01709972 11/22/2010 87.94 11/10 0


2235 DURKS PLUMBING WATER LEAK 0171002 11/23/2010 48.51 11/10 0

2235 DURKS PLUMBING WATER LEAK 0171005 11/23/2010 8.56 11/10 0

57.07 *

20-34-750 RECREATION FUND - RECREATION REVENUE - RECREATION FEES

13799 GRAY, CHAD REFUND FOR JR JAZZ 120110 12/01/2010 40.00 12/10 0

10-21350 GENERAL FUND - Court Trust

13798 HALL, RYAN JEFFREY REFUND ON #105400729 120210 12/02/2010 930.00 12/10 0

10-43-241 GENERAL FUND - ADMINISTRATIVE - Materials & Supplies

3241 IKON OFFICE SOLUTIONS COPIER MAINTAINANCE AGREEMENT 5015580923 12/01/2010 92.57 11/10 0

10-43-136 GENERAL FUND - ADMINISTRATIVE - HRA Reimbursement - Health Ins

3860 KEYES ADMINISTRATORS MONTHLY HRA ADMINISTRATION FEE 409 12/03/2010 75.00 12/10 0








4250 MAW EQUIPMENT SHOP SUPPLIES 41579 11/15/2010 89.95 12/10 0

51-16510 WATER UTILITY FUND - MACHINERY AND EQUIPMENT

4570 MONSEN ENGINEERING SUPPLY GPS SYSTEM 454068 11/30/2010 22,535.00 11/10 0

4570 MONSEN ENGINEERING SUPPLY MOUNT 454112 11/30/2010 268.67 11/10 0

22,803.67 *



10-22500 GENERAL FUND - HEALTH INSURANCE PAYABLE

50002 OPTICARE OF UTAH VISION PREMIUMS - 120110 12/01/2010 48.69 12/10 0


50003 O'REILLY AUTO PARTS VEHICLE SUPPLIES 3596130616 11/22/2010 98.68 11/10 0



147.13 *

10-57-250 GENERAL FUND - FIRE PROTECTION - Equipment Supplies & Maint.

5540 PRAXAIR FIRE DEPT-MEDICAL OXYGEN 38108214 11/17/2010 107.00 11/10 0

45-40-740 CAPITAL PROJECTS FUND - EXPENDITURES - GENERAL CAPITAL PROJECTS

5870 ROCKY MOUNTAIN POWER INSTALLATION OF LIGHTS ON VIEW DRIVE aCCT#43514626-003 7121510 11/19/2010 1,481.00 11/10 0


7085 UPPERCASE PRINTING, INK UTILITY FORMS & ENVELOPES 4462 11/22/2010 40.05 11/10 0

52-40-250 SEWER UTILITY FUND - EXPENDITURES - Equipment Supplies & Maint.


53-40-250 SANITATION UTILITY FUND - EXPENDITURES - Equipment Supplies & Maint.


54-40-250 STORM SEWER UTILITY FUND - EXPENDITURES - Equipment Supplies & Maint.


10-22500 GENERAL FUND - HEALTH INSURANCE PAYABLE

5543 UTAH RETIREMENT SYSTEMS PERFERRED CHOICE DENTAL - 113010 11/29/2010 508.70 11/10 0





10-42-980 GENERAL FUND - JUDICIAL - St. Treasurer Surcharge

7386 UTAH STATE TREASURER MONTHLY SURCHARGES - 120210 12/02/2010 4,152.84 11/10 0

53-40-492 SANITATION UTILITY FUND - EXPENDITURES - Sanitation Fee Charges

7650 WASATCH INTEGRATED WASTE MGMTDUMP/BURN FEES 12434 12/01/2010 12,285.00 11/10 0


Dated: ______________________________________________________

City Treasurer: ______________________________________________________

City Manager: ______________________________________________________

Report Criteria:





Report Criteria:

Invoice.Payment Due Date = {<=}12/18/2010


10-43-360 GENERAL FUND - ADMINISTRATIVE - Education & Training

13694 CASAS SCOTT REFUND FOR UTAH BUSINESS CONFERENCE 120710 1891 12/07/2010 90.00 12/10 0


1378 CINTAS CORPORATION #180 MATS/TOWELS 180105458 11/24/2010 24.00 12/10 0




96.00 *

52-40-140 SEWER UTILITY FUND - EXPENDITURES - Uniforms

1378 CINTAS CORPORATION #180 UNIFORMS 180849856 11/10/2010 27.56 11/10 0




128.04 *

10-54-310 GENERAL FUND - PUBLIC SAFETY - Sheriff's Department

1750 DAVIS COUNTY GOVERNMENT LAW ENFORCEMENT - 51925 12/03/2010 9,580.42 11/10 0

10-54-311 GENERAL FUND - PUBLIC SAFETY - Animal Control

1750 DAVIS COUNTY GOVERNMENT ANIMAL CONTROL 51925 12/03/2010 763.93 11/10 0


2237 DUSTBUSTERS, INC. DUST CONTROL 29185 08/31/2010 997.50 12/10 0


2643 FREEDOM MAILING SERVICES, INCUTILITY BILLING 17907 12/04/2010 214.67 12/10 0








2820 GRAINGER SOCKET SET 9401621462 11/22/2010 10.47 11/10 0






13014 HANSEN & ASSOCIATES ENGINEERING SERVICES 10865 12/07/2010 1,363.25 12/10 45070902

3630 INTERSTATE BARRICADES VERTICAL PANEL FOR WATER SHUT OFF 85782 11/19/2010 312.00 11/10 45070900

312.00 *


3810 JOHNSON ELECTRIC ELECTRICAL FOR LIGHTING ON PARK & RIDE 10096 11/05/2010 3,137.71 11/10 0

10-43-312 GENERAL FUND - ADMINISTRATIVE - Professional/Tech. - Engineer

3793 JONES AND ASSOCIATES VILLAGE AT MEADOWS 14452 12/01/2010 185.50 11/10 0

3793 JONES AND ASSOCIATES B & C STREET MAP UPDATE 14451 12/01/2010 156.50 11/10 0

3793 JONES AND ASSOCIATES ZITTO PROPERTY DEVELOPMENT 14452 12/01/2010 355.50 11/10 0

697.50 *


3793 JONES AND ASSOCIATES RESERVIOR # 4 CONSTRUCTION MGMT 14451 12/01/2010 6,005.00 11/10 45070902

3793 JONES AND ASSOCIATES CHURCH STREET WATERLINE CONNECTION 14451 12/01/2010 950.00 11/10 45070903

3793 JONES AND ASSOCIATES WEST RESERVOIR LINE 14451 12/01/2010 3,073.50 11/10 45070902

10,028.50 *

51-40-312 WATER UTILITY FUND - EXPENDITURES - Professional/Technical-Engin

3793 JONES AND ASSOCIATES UPDATE WATER CONSERVATION PLAN 14451 12/01/2010 42.50 11/10 0

54-40-312 STORM SEWER UTILITY FUND - EXPENDITURES - Professional/Technical-Engin

3793 JONES AND ASSOCIATES DAVIS COUNTY STORM WATER COALITION MEETING 14451 12/01/2010 78.00 11/10 0

3793 JONES AND ASSOCIATES COMPLETION OF STORM WATER MGMT PLAN 14451 12/01/2010 3,500.00 11/10 0

3,578.00 *


6920 LAYTON TRIPLE STOP fuel for FIRE STATION 8270522 11/24/2010 75.94 11/10 0


6920 LAYTON TRIPLE STOP FUEL FOR PW 8270765 11/30/2010 7.80 11/10 0








95.79 *














95.74 *










95.74 *










95.74 *










95.74 *



45-21350 CAPITAL PROJECTS FUND - PERFORMANCE BONDS ON DEPOSIT




13801 MILLER, NEIL COMPLETION #SWC100803028 121310 12/13/2010 500.00 12/10 0




13294 PETERSEN, MELISSA REFUND FOR VOLLEYBALL 091610 12/07/2010 35.00 10/10 0


5365 PIONEER OVERHEAD SHOP GARAGE DOOR REPAIR 10005 12/04/2010 109.90 12/10 0

20-71-486 RECREATION FUND - RECREATION EXPENDITURES - Sr Luncheon

5451 POFF, MICHAEL SENIOR LUNCHEON 121010 1893 12/10/2010 149.35 12/10 0

10-57-370 GENERAL FUND - FIRE PROTECTION - Professional & Tech. Services

5544 PROTECTION CONSULTANTS, INC.PROFESSIONAL SERVICES - SURE STEEL 19872 11/30/2010 300.00 12/10 0


401020 RIGBY & COMPANY APPRAISAL NO: 10-180 EASEMENT ON 475 EAST 10-180 11/30/2010 1,800.00 12/10 0


6450 SMITH AND EDWARDS COMPANYSHEVLING FOR SHOP 34825 1881 11/09/2010 546.00 11/10 0

51-40-140 WATER UTILITY FUND - EXPENDITURES - Uniforms

6450 SMITH AND EDWARDS COMPANYCLOTHING 34820 11/09/2010 113.99 11/10 0

10-43-313 GENERAL FUND - ADMINISTRATIVE - Professional/Tech. - Attorney

6456 SMITH KNOWLES PC MONTHLY ATTORNEY FEES 112055 11/30/2010 1,300.00 11/10 0


6540 STAKER & PARSON COMPANIES WATER LEAK 2758491 11/18/2010 313.80 11/10 0

6540 STAKER & PARSON COMPANIES WATER LEAK 2759740 11/22/2010 103.90 11/10 0

417.70 *

10-43-370 GENERAL FUND - ADMINISTRATIVE - Professional & Tech. Services

6800 TECSERV, INC. MONTHLY COMPUTER SERVICE 10433 12/01/2010 500.00 11/10 0












10-57-370 GENERAL FUND - FIRE PROTECTION - Professional & Tech. Services

401017 UTAH COMMUNICATIONS, INC REPAIR OF RADIOS FOR FIRE STATION 91986 11/17/2010 40.60 11/10 0

10-43-210 GENERAL FUND - ADMINISTRATIVE - Books/Subscriptions/Membership

7290 UTAH LEAGUE OF CITIES UTAH BENCHMARKING PROJECT 120110 12/01/2010 500.00 12/10 0


Dated: ______________________________________________________

City Treasurer: ______________________________________________________

City Manager: ______________________________________________________

Report Criteria:

Invoice.Payment Due Date = {<=}12/18/2010



Unpaid / Partial Paid Invoices ALL - ALL Nov 30, 2010 02:27pm

Report Criteria:



10-43-620 GENERAL FUND - ADMINISTRATIVE - Miscellaneous Services

245 ALPHAGRAPHICS CHRISTMAS PARTY INVITES 101124 11/12/2010 22.69 11/10 0


245 ALPHAGRAPHICS WATER SHUTOFF FLYER 101206 11/17/2010 27.88 11/10 0

10-57-280 GENERAL FUND - FIRE PROTECTION - Telephone

1375 AT&T MOBILITY FIRE - engine air card Acct#834520288 111610 11/16/2010 62.01 11/10 0


13795 BIGLER, AMY REFUND FOR JR JAZZ 111710 11/17/2010 35.00 11/10 0

10-43-252 GENERAL FUND - ADMINISTRATIVE - Equipment Maint. - Caselle

1260 CASELLE INC COMPUTER SUPPORT 36566 11/01/2010 1,718.00 12/10 0


2235 DURKS PLUMBING MARKER FLAGS 01706685 10/27/2010 9.00 10/10 0


2235 DURKS PLUMBING WATER SUPPLIES 01706568 10/26/2010 36.90 10/10 0

10-57-240 GENERAL FUND - FIRE PROTECTION - Office Supplies & Expense

10180 GRAYDON, THOMAS OFFICE SUPPLIES 112610 1524 11/26/2010 161.97 11/10 0


4835 HD SUPPLY WATERWORKS RESERVOIR WATER LINE 2300259 11/19/2010 347.11 11/10 45070900


4835 HD SUPPLY WATERWORKS Check valve 2257888 11/11/2010 364.52 11/10 0

3280 INDUSTRIAL TOOL BOX CONCRETE BLADE 34202 11/02/2010 162.92 11/10 0

162.92 *


3360 INTERMOUNTAIN CONCRETE SPECWATER LEAK REPAIRS 2067653 11/23/2010 264.75 11/10 0

45-21350 CAPITAL PROJECTS FUND - PERFORMANCE BONDS ON DEPOSIT

13797 KAP, BRANDON COMPLETED OFFSITE IMPROVEMENTS 113010 11/30/2010 1,445.00 11/10 0











86.58 *








86.57 *








86.57 *








86.57 *








86.57 *


4125 LOWES PROX SHOP 803999085 11/16/2010 19.97 11/10 0





4125 LOWES PROX SHELVING FOR SHOP 23709 11/15/2010 250.84 11/10 0


4125 LOWES PROX PARK 23718 10/26/2010 26.76 10/10 0

4125 LOWES PROX PARK 23405 11/03/2010 3.28 11/10 0

4125 LOWES PROX PARK 23856 10/28/2010 19.53 10/10 0

4125 LOWES PROX PARK 102910 10/29/2010 23.46 10/10 0

73.03 *


4125 LOWES PROX PARKS 23625 11/05/2010 16.45 11/10 0

52-40-490 SEWER UTILITY FUND - EXPENDITURES - Sewer O & M Charge

4783 NATIONWIDE ENVIROMENTAL SRVCSLIFT STATION DEGREASER 4424 11/08/2010 840.46 11/10 0




50003 O'REILLY AUTO PARTS WIPER BLADES 3596128590 11/08/2010 9.48 11/10 0


21.46 *

10-43-270 GENERAL FUND - ADMINISTRATIVE - Utilities

5580 QUESTAR GAS COMPANY NATURAL GAS FUEL BILLS 111610 11/16/2010 823.26 11/10 0


5777 RECOMMENDED BUILDING MAINT LLCCUSTODIAL SUPPLIES 110517 11/01/2010 99.05 11/10 0


5777 RECOMMENDED BUILDING MAINT LLCCUSTODIAL SERVICES 110517 11/01/2010 497.00 11/10 0


13796 UKENA, WAYLAN REFUND FOR JR JAZZ 111610 11/16/2010 35.00 11/10 0


7065 UNIFIRST CORPORATION FIRE STATION - 3561209461 11/17/2010 18.00 11/10 0

7065 UNIFIRST CORPORATION CITY MATS 3561209449 11/17/2010 20.80 11/10 0



77.60 *

20-71-262 RECREATION FUND - RECREATION EXPENDITURES - General Government Buildings

7065 UNIFIRST CORPORATION FAC TOWELS & MATS - 3561209446 11/17/2010 28.21 11/10 0








112.84 *


Dated: ______________________________________________________

City Treasurer: ______________________________________________________

City Manager: ______________________________________________________

Report Criteria:




Unpaid / Partial Paid Invoices ALL - ALL Nov 17, 2010 11:20am

Report Criteria:




401015 193 ASSOCIATES LLC CONSIDERATION FOR EASENEBT FOR WATERLINE RES 10-37 110510 11/20/2010 55,000.00 11/10 45070900

20-71-487 RECREATION FUND - RECREATION EXPENDITURES - KNIGHT'S FOOTBALL

127 ACADEMY SPORTS KNIGHT FOOTBALL EQUIPMENT 220264 1666 11/03/2010 3,840.00 10/10 0

10-43-620 GENERAL FUND - ADMINISTRATIVE - Miscellaneous Services

401014 ADAMS AVENUE PARKWAY TOLLBOOTH ROAD - RODGER & MARK 1 11/09/2010 50.00 11/10 0

10-42-313 GENERAL FUND - JUDICIAL - Professional/Tech. - Attorney

236 ALLRED, CHRISTOPHER F ATTORNEY FEES OCT 2010 11/03/2010 500.00 10/10 0


432 APCO INC TANK 4 AND BOOSTER STATION 3149 11/01/2010 31,752.00 11/10 45070900


60 AT&T APPLY TO ACCT# 030 601 6407 001 102710 10/27/2010 39.97 10/10 0






96.00 *

52-40-140 SEWER UTILITY FUND - EXPENDITURES - Uniforms





108.48 *

10-54-310 GENERAL FUND - PUBLIC SAFETY - Sheriff's Department

1750 DAVIS COUNTY GOVERNMENT LAW ENFORCEMENT - 51488 11/03/2010 9,580.42 10/10 0

10-54-311 GENERAL FUND - PUBLIC SAFETY - Animal Control

1750 DAVIS COUNTY GOVERNMENT ANIMAL CONTROL 51488 11/03/2010 763.94 10/10 0


2310 EVCO HOUSE OF HOSE SUPPLIES FOR SNOW PLOW 3552977 1874 10/25/2010 305.34 10/10 0






13014 HANSEN & ASSOCIATES ENGINEERING SERVICES - WATER TANK 10785 11/03/2010 1,868.39 11/10 45070902


4835 HD SUPPLY WATERWORKS PHILMAC UTC - STOCK 2189996 11/04/2010 235.56 11/10 0

51-40-480 WATER UTILITY FUND - EXPENDITURES - Special Water Supplies

4835 HD SUPPLY WATERWORKS WATER SUPPLIES 1950932 10/21/2010 321.73 10/10 0


4835 HD SUPPLY WATERWORKS SHOP SUPPLIES 2185910 10/29/2010 67.48 10/10 0


3241 IKON OFFICE SOLUTIONS COPIER MAINTAINANCE AGREEMENT 5015356587 11/01/2010 106.85 10/10 0


3320 INTEGRA TELECOM CITY OFFICE PHONE LINES 7550118 11/03/2010 474.76 11/10 0

10-58-210 GENERAL FUND - BUILDING INSPECTION - Books/Subscriptions/Membership

3540 INTERNATIONAL CODE COUNCIL INCBUILDING DEPT INSPECT BOOKS 1246278-IN 10/21/2010 924.00 10/10 0

10-43-312 GENERAL FUND - ADMINISTRATIVE - Professional/Tech. - Engineer

3793 JONES AND ASSOCIATES VALLEY MEADOWS 14413 11/01/2010 26.50 10/10 0

3793 JONES AND ASSOCIATES COTTONWOOD COVE 14413 11/01/2010 1,020.00 10/10 0

3793 JONES AND ASSOCIATES CANYON VIEW RANCHES 14413 11/01/2010 132.50 10/10 0

3793 JONES AND ASSOCIATES SOUTH BENCH DRAINAGE ANALYSIS 14412 11/01/2010 42.50 10/10 0

1,221.50 *

45-40-740 CAPITAL PROJECTS FUND - EXPENDITURES - GENERAL CAPITAL PROJECTS

3793 JONES AND ASSOCIATES CEDAR LOOP PARK PROJECT 14412 11/01/2010 1,549.00 10/10 0


3793 JONES AND ASSOCIATES RESERVIOR # 4 CONSTRUCTION MGMT 14412 11/01/2010 7,653.00 10/10 45070902

3793 JONES AND ASSOCIATES WEST RESERVOIR LINE 14412 11/01/2010 1,851.50 10/10 45070902

3793 JONES AND ASSOCIATES CHURCH STREET WATERLINE CONNECTION 14412 11/01/2010 2,137.50 10/10 45070903

11,642.00 *


3793 JONES AND ASSOCIATES PREP OF NEW SWC STORM WATER MGMNT PLAN 14412 11/01/2010 1,500.00 10/10 0

3793 JONES AND ASSOCIATES PREP OF ANNUAL STORM WATER REPORT 14412 11/01/2010 58.50 10/10 0

3793 JONES AND ASSOCIATES DAVIS COUNTY STORM WATER COALITION MEETING 14412 11/01/2010 189.00 10/10 0





1,747.50 *

10-43-315 GENERAL FUND - ADMINISTRATIVE - Professional & Tech. - Auditor

3835 KARREN HENDRIX STAGG ALLEN COGENERAL ACCOUNT MANAGEMENT 98026 10/16/2010 4,270.00 10/10 0


3960 L N CURTIS FIRE SUPPLIES - BATTERY CART/RED FLEECE SCBA 3105378-02 10/29/2010 154.00 10/10 0

3960 L N CURTIS GLOVES FOR FIRE DEPT 3105653-00 10/18/2010 274.40 10/10 0

428.40 *


6920 LAYTON TRIPLE STOP fuel for PW truck 0273151 11/08/2010 67.00 11/10 0




256.50 *


6140 LES SCHWAB TIRE CENTER TRACTOR TIRES 738046 1873 11/02/2010 1,617.04 11/10 0



10-43-220 GENERAL FUND - ADMINISTRATIVE - Public Notices

5135 OGDEN PUBLISHING CORPORATIONPUBLIC NOTICES 433631 10/30/2010 141.91 10/10 0

10-43-253 GENERAL FUND - ADMINISTRATIVE - Equipment Maint. - Software

5560 QUALTRICS CITY SURVEY License for FY2011 5365 10/14/2010 800.00 11/10 0










5870 ROCKY MOUNTAIN POWER POWER BILL 110310 11/03/2010 4,092.43 10/10 0





51-21350 WATER UTILITY FUND - CUSTOMER DEPOSITS

13792 RODGERSON, MICHAEL & CINDY REFUND ON UTILITY DEPOSIT 090110 11/16/2010 120.00 11/10 0

20-71-480 RECREATION FUND - RECREATION EXPENDITURES - Basketball

6090 SAV ON RECREATION SUPPLIES WRISTBANDS 41440 10/28/2010 29.30 10/10 0


6540 STAKER & PARSON COMPANIES ROAD BASE 2744235 10/28/2010 88.00 10/10 0


6800 TECSERV, INC. MONTHLY COMPUTER SERVICE 10407 11/01/2010 500.00 11/10 0


5730 TOM RANDALL DISTRIBUTING DIESEL FUEL FOR CITY FUEL TANK 0167451 11/03/2010 320.10 11/10 0










41.60 *

20-71-262 RECREATION FUND - RECREATION EXPENDITURES - General Government Buildings



67.68 *














Dated: ______________________________________________________

City Treasurer: ______________________________________________________

City Manager: ______________________________________________________

Report Criteria:


SOUTH WEBER CITY COUNCIL MEETING DATE OF MEETING: 9 November 2010 TIME COMMENCED: 6:19 p.m. PLEDGE OF ALLEGIANCE: Councilmember Woodbury PRAYER: Councilmember Poff PRESENT: MAYOR: Jeff Monroe

COUNCILMEMBERS: Sara Lusk Farrell Poll

Michael Poff Scott Woodbury CITY MANAGER: Rodger Worthen

CITY RECORDER: Erika Ahlstrom

EXCUSED: COUNCILMEMBER: Dave Thomas Transcriber: Minutes transcribed by Michelle Clark 5:30 p.m. PUBLIC WORK MEETING: REVIEW WARRANT REGISTERS and

REVIEW AND DISCUSS AGENDA ITEMS

VISITORS: Jason Davis, James Ziter, Bailey Ditty, Justin Smith, Brian Rammell, Tucker Fish, 1 Collin Henderson, Michael Peterson, Larry Ison, Art Gorringe, Scott Casas, and Brian Ernz. 2 3 Mayor Monroe excused Councilmember Thomas from tonight’s meeting. The Mayor 4 welcomed Troop #433. 5 6 APPROVAL OF THE AGENDA: Councilmember Poll moved to approve the agenda as 7 written. Councilmember Lusk seconded the motion. Councilmembers Poff, Poll, Lusk, 8 and Woodbury voted yes. The motion carried. 9 10 DECLARATION OF CONFLICT OF INTEREST: There was no conflict of interest 11 declared by any council member. 12 13 CONSENT AGENDA: 14 15 ♦ APPROVAL OF 26 OCTOBER 2010 COUNCIL MEETING MINUTES 16 ♦ APPROVAL OF 2 NOVEMBER 2010 COUNCIL/PLANNING COMMISSION 17 COMBINED SESSION WORK MEETING MINUTES 18

South Weber City Council Meeting 9 November 2010 Page 2 of 6

Councilmember Woodbury moved to approve the consent agenda as written. 19 Councilmember Poll seconded the motion. Erika called for the vote. Councilmembers 20 Poff, Poll, Lusk, and Woodbury voted yes. The motion carried. 21 22 Councilmember Poff moved to open the public hearing for Ordinance 10-09. 23 Councilmember Poll seconded the motion. Councilmembers Poff, Poll, Lusk, and 24 Woodbury voted yes. The motion carried. 25 26

* * * * * * * * * * PUBLIC HEARING * * * * * * * * * * 27 28

ORDINANCE 10-09: AN ORDINANCE AMENDING TITLE 10 ZONING 29 REGULATIONS, CHAPTER 1 GENERAL PROVISIONS, SECTION 10 DEFINITIONS 30 ADDING “OWNER OCCUPIED TWO FAMILY DWELLING” AND AMENDING 31 CHAPTER 7 CONDITIONAL USES ADDING “ARTICLE L. OWNER OCCUPIED 32 TWO FAMILY DWELLINGS”: Mayor Monroe stated this ordinance would amend zoning to 33 define conditions for two family dwellings in the residential moderate, residential low moderate 34 and agricultural zones in South Weber City. 35 36 Mayor Monroe asked if there was any public comment. 37 38 Art Gorringe 2252 E. 7875 S., asked if this ordinance includes the whole city? Mayor stated, 39 “yes”. 40 41 Councilmember Poff moved to close the public hearing for Ordinance 10-09. 42 Councilmember Lusk seconded the motion. Councilmembers Poll, Poff, Lusk, and 43 Woodbury voted yes. The motion carried. 44 45

* * * * * * * * * * PUBLIC HEARING CLOSED * * * * * * * * * * 46 47 Councilmember Poff feels everyone has learned a lot concerning this item. Councilmember Poll 48 stated from the time this began, we also gained more knowledge with state code and what can be 49 done. Councilmember Lusk feels this still needs work with our current code. She feels the 50 council should take a look at this as a separate ordinance. Councilmember Poff suggested 51 discussing this item with Utah League of Cities and Towns. The council agreed. 52 53 Councilmember Poff moved to deny Ordinance 10-09 amending Title 10 Zoning 54 Regulations, Chapter 1 General Provisions, Section 10 Definitions, and adding “Owner 55 Occupied Two Family Dwelling” and amending Chapter 7 Conditions Uses Adding 56 “Article L. Owner Occupied Two Family Dwellings”. Councilmember Woodbury 57 seconded the motion. Erika called for the vote. Councilmembers Poll, Poff, Lusk, and 58 Woodbury voted yes. The motion carried. 59 60 DISCUSSION WITH UTAH DEPARTMENT OF TRANSPORTATION (UDOT) 61 REGARDING SOUTH WEBER DRIVE (SR-60) – Jason Davis, Region One Director, 62 UDOT: Jason Davis of UDOT approached the City Council to discuss SR-60. He has been in 63 the position of Region One Director for approximately one year. He stated during this time he 64 has seen the conditions of many of the state routes. Mr. Davis drove SR-60 with Mayor Monroe. 65 He stated roads such as SR-60 receive less traffic verses other state roads; therefore, it receives 66


less funds for maintenance. He stated they will chip seal the majority of SR-60 which works 67 better on the eastern end that has more sidewalks, curb, and gutter. UDOT feels the chip seal 68 will take care of the eastern end as cost effectively as possible. He stated the western end will 69 receive micro-surface. He expects the eastern end will receive some type of treatment by 2012. 70 71 Councilmember Woodbury discussed bicyclists not following the rules. He asked about signage 72 for cyclists to remind them to ride single file. Mr. Davis questioned if it is even legal to require 73 that. Councilmember Woodbury stated he has looked into it and it is legal. Mr. Davis stated 74 UDOT has looked at widening the shoulders in the west end but there is concern with the open 75 ditches. The council stated the ditches are not used anymore. Mr. Davis is willing to work with 76 Rodger on looking at filling those ditches. 77 78 Councilmember Poff asked about detention pond at the end of the gravel pit. He stated the 79 gravel pit is supposed to extend the berm along the west end of the pit. Parsons is willing to take 80 any of the storm water, but what is the process if the water can be re-channeled and can the city 81 make it into a park? Councilmember Poff stated this would be valuable to the city. Mr. Davis 82 stated he has worked with other cities; however, the State can’t give anything of value away. 83 The State would have to surplus the property. Discussion took place regarding a trade of 84 property in which UDOT could show value for value. 85 86 Councilmember Poff asked about the detention pond along Highway 89. Mr. Davis stated 87 UDOT would be willing to entertain a landscape agreement with a developer. Councilmember 88 Poll asked about whether the pond would need to be fenced. Mr. Davis stated he would be 89 willing to work with a developer on that. 90 91 Mayor Monroe appreciates the city’s opportunity to work with UDOT. He stated 92 Councilmember Thomas will be contacting Brad Dee to see if SR-60 can move up on the priority 93 list. 94 95 Scott Casas, 1470 Canyon Drive, stated he has been working with UDOT and the city 96 concerning street lights that are out on Highway 89 for three years now. He stated there are 97 currently seven lights that are out. He stated both on-ramps have lights out. He questioned how 98 the community gets those lights working. Mr. Davis stated it is the city’s responsibility. He 99 stated the only lights the states owns, maintains, and repairs are those on an interstate ramp. Mr. 100 Casas stated the city’s deputy recorder Emily Thomas has been working on trying to find out 101 who is responsible and getting these lights in working order. Mayor Monroe stated the City 102 Manager will look into that. 103 104 Councilmember Poff asked about getting a maintenance agreement from UDOT for him to 105 maintain UDOT property on 475 East. Mr. Davis stated he likes to see someone who is willing to 106 help maintain State property. 107 108 RESOLUTION 10-41: AUTHORIZING CONTINUED CONDITIONAL USE FOR 109 FORESTDALE INVESTMENTS/ BURBIDGE CONCRETE PUMPING AT 7636 SOUTH 110 CORNIA DRIVE: James Ziter, attorney for Forestdale Investments, stated they have issued a 111 check to Mr. Noel, City’s Attorney, for back payment on business license fees. Mr. Ziter 112 thanked the mayor and council for starting this meeting with the pledge of allegiance. 113 114


Councilmember Woodbury moved to approve Resolution 10-41 authorizing continued 115 conditional use for Forestdale Investments/Burbidge Concrete Pumping at 7636 South 116 Cornia Drive. Councilmember Lusk seconded the motion. Erika called for the vote. 117 Councilmembers Poll, Poff, Lusk, and Woodbury voted yes. The motion carried. 118 119 MAYOR’S ITEMS: 120 121 FEMA Training Check: Mayor Monroe reminded the council to turn in their 122 reimbursement amounts to the City. 123 124 Work Meeting & Council Meeting: There will be no city council work meetings held 125 in November or December; however, the regular city council meeting will be held on December 126 14, 2010. 127 128 Christmas Party: The City Christmas Party will be held on December 10, 2010 at 129 Weber Basin Job Corps at 5:30 p.m. 130 131 2010 Parent/Educator Winner for Resource Students: Mayor Monroe congratulated 132 Jane Woodbury being the winner of the 2010 parent/educator for resource students. 133 Councilmember Woodbury stated Jane will be graduating from college on December 2010. 134 135 COUNCIL ITEMS: 136 137 Councilmember Poll: 138 139 South Ogden Fire Truck: Councilmember Poll stated South Ogden City has a fire truck 140 for sale. Rodger will get with Matt Dixon, City Manager at South Ogden City. The council 141 agreed to look into that. 142 143 North Salt Lake City Office: He suggested the mayor and council take a tour of the 144 North Salt Lake City Office. 145 146 Councilmember Poff: 147 148 Youth Council Food Drive: The Youth Council collected canned food from South 149 Weber Elementary School which was a success. 150 151 Senior Citizen Luncheon: This will be held on December 10th at the Family Activity 152 Center. 153 154 Councilmember Woodbury: 155 156 Veteran’s Park: He stated the flags need to be replaced in Veteran’s Park. Rodger 157 stated the city has ordered new flags. 158 159


Councilmember Lusk: 160 161 State Emergency Preparedness Meeting: A major function will be held once a month 162 for 2011. She would like to have it posted in the city newsletter. 163 164 CITY MANAGER ITEMS: 165 166 City Manager Staff Reports: Councilmember Poff thanked Rodger for the weekly staff 167 report. Rodger feels this is a way to keep the council informed of what is going on. 168 169 Gas Cards for City Vehicles: Rodger stated a gas card is a tool to manage the gas 170 consumption. It is a program operated by the State of Utah. The card is attached to the vehicle. 171 Employees are assigned a pin number. 172 173 Collection Agency: Looking at hiring a collection agency to collect utility bills from 174 individuals who have left town and delinquent accounts payable. Rodger is working with Jamie 175 on this item. She is collecting information from various collection agencies. 176 177 Flag Light at City Office: He is looking at changing the style of spotlight on the flag. 178 179 DUED Meeting: He attended this meeting today. Rodger will be getting involved on 180 various committees with the Davis Chamber of Commerce. He feels this is a way to get South 181 Weber City involved. 182 183 ADJOURNED: Councilmember Poll moved to adjourn the city council meeting at 7:30 184 p.m. Councilmember Woodbury seconded the motion. Councilmembers Lusk, Poff, Poll, 185 and Woodbury voted yes. The motion carried. 186 187 188 189 APPROVED: ______________________________ Date 190 Mayor: Jeff Monroe 191 192 193 ______________________________ 194 Transcriber: Michelle Clark 195 196 197 ______________________________ 198 Attest: City Recorder: Erika Ahlstrom 199


NOVEMBER 9, 2010 200 WORK/DISCUSSION MEETING PRIOR TO CITY COUNCIL 201

202 Those in attendance to the work session were: Mayor Jeff Monroe, Councilmembers Sara Lusk, Michael 203 Poff, Farrell Poll, Scott Woodbury, City Manager Rodger Worthen, City Recorder Erika Ahlstrom. 204 205 Excused: Councilmember Thomas. 206 207 Visitors: None 208 209 Work meeting commenced at 5:38 p.m. 210 211 Consent Agenda: No concerns. 212 213 Ordinance 10-09: Councilmember Poll said he wanted to know if the requirement (referenced in this 214 proposed ordinance) to be owner-occupied would apply to anything that is currently a twin home or 215 duplex, that it has to be owner occupied. It was clarified that the two-family dwellings are currently 216 permitted in R-H and conditional use in R-L zones, and the Planning Commission has recommended a 217 definition in all the zones to allow two dwellings and they be owner-occupied. Erika reminded the 218 Council that they had received a recommendation from the Planning Commission to allow two-family 219 dwellings as a conditional use in all zones, and the Council had requested that the Planning Commission 220 set conditions in the zoning ordinance for two-family dwellings. It was clarified that this is not 221 referencing duplexes, but rather a dwelling created in a portion of a single family dwelling. Mayor 222 Monroe said it is already in the ordinance that you can have five unrelated people in the home; State law 223 allows three. Rodger stated the owner-occupied condition will be extremely difficult to enforce, not to 224 mention identify. The question is “What are we trying to accomplish?” Councilmember Poll explained 225 that this issue came about when a resident informed the city he wanted to finish his basement and rent the 226 upper space; however his property is not in a zone that allows two-family dwellings. For the reason, the 227 Planning Commission considered the option of allowing them in all zones, and recommended this change 228 to the City Council. The City Council tabled the ordinance pending consideration of conditions such as 229 owner occupied. Mayor Monroe praised the Planning Commission for doing their due diligence by 230 providing the Council what they requested. Councilmember Woodbury stated for the record that as the 231 City Council looked into the issue further, it was deemed these changes are not needed. Mayor Monroe 232 said the city may want to change it to a permitted use. 233 234 Resolution 10-41: The Council deemed it appropriate to go into closed session regarding reasonably 235 imminent litigation. 236 237 EXECUTIVE CLOSED SESSION: A motion was made by Councilmember Woodbury at 6:00 238 p.m. to enter into a closed executive session in accordance with UCA 52-4-205 for discussion of 239 pending or reasonably imminent litigation. Councilmember Poll seconded the motion. 240 Councilmembers Poff, Poll, Lusk and Woodbury voted yes. The motion carried. 241 242 The Council moved directly into the regular public meeting immediately after adjourning closed 243 executive session at 6:16 p.m. 244 245 Work meeting minutes by Erika Ahlstrom. 246 247

CITY MEETING SCHEDULE – 2011 All City Meetings, Hearings and Court Sessions are held at

The South Weber City Office, 1600 E. South Weber Drive, South Weber, unless otherwise posted City Council Meetings Planning Commission Meetings 2nd & 4th Tuesdays 4th Thursday 6:00 p.m. (preceded by work meetings at 5:30 p.m.) 6:30 p.m. (preceded by work meetings at 6:00 p.m.) Meeting dates are subject to change or cancellation Meeting dates are subject to change or cancellation at the discretion of the Mayor. at the discretion of the Planning Commission Chair.

January 11 June 28 January 27 January 25 July 12 February 24 February 8 July 26 March 24 February 22 August 9 April 28 March 8 August 23 May 26 March 22 September 13 June 23 April 12 September 27 July 28 April 26 October 11 August 25 May 10 October 25 September 22 May 24 November 8 October 27 June 14 December 13 December 22

City Council Work Meetings 3rd Tuesdays (unless otherwise noticed) 5:30 p.m. Court Sessions Board of Adjustment 1st & 3rd Thursdays 4:00 p.m. to 6:00 p.m. 1st Tuesday * 6:30 p.m. (Dates subject to change upon approval of Judge.)

January 6 July 7 January 4 January 20 July 21 February 1 * Board of Adjustment February 3 August 4 March 1 will hold meetings on February 17 August 18 April 5 the designated dates March 3 September 1 May 3 ONLY when an appeal or March 17 September 15 June 7 application for variance April 7 October 6 July 5 has been submitted. April 21 October 20 August 2 May 5 November 3 September 6 May 19 November 17 October 4 June 2 December 1 November 1 June 16 December 15 December 6

01/11/2011

OFFICE HOURS Mon-Thurs. 7 a.m. to 5 p.m. * Friday 7 a.m. to 11 a.m.

CITY MANAGER Rodger S. Worthen CITY RECORDER Erika J. Ahlstrom TREASURER Jami L. Jones JUSTICE COURT JUDGE Reuben J. Renstrom FIRE CHIEF Thomas A. Graydon PUBLIC WORKS/BUILDING OFFICIAL Mark B. Larsen RECREATION COORDINATORS Larry Birt/Curtis Brown

CITY COUNCIL MAYOR Sara Lusk Jeffery G. Monroe Michael Poff Farrell Poll David Thomas Scott E. Woodbury S1600 E. South Weber Dr * South Weber, UT 84405

(801) 479-3177 FAX (801) 479-0066

Utah Code Title 52 Public Officers Chapter 4 Open and Public Meetings Act Section 202 Public notice of meetings -- Emergency meetings.

52-4-202. Public notice of meetings -- Emergency meetings. (1) A public body shall give not less than 24 hours public notice of each meeting including the meeting: (a) agenda; (b) date; (c) time; and (d) place. (2) (a) In addition to the requirements under Subsection (1), a public body which holds regular meetings that are scheduled in advance over the course of a year shall give public notice at least once each year of its annual meeting schedule as provided in this section. (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of the scheduled meetings. (3) (a) Public notice shall be satisfied by: (i) posting written notice: (A) at the principal office of the public body, or if no principal office exists, at the building where the meeting is to be held; and (B) beginning October 1, 2008 and except as provided in Subsection (3)(b), on the Utah Public Notice Website created under Section 63F-1-701; and (ii) providing notice to: (A) at least one newspaper of general circulation within the geographic jurisdiction of the public body; or (B) a local media correspondent. (b) A public body of a municipality under Title 10, Utah Municipal Code, a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act, is encouraged, but not required, to post written notice on the Utah Public Notice Website, if the municipality or district has a current annual budget of less than $1 million. (c) A public body is in compliance with the provisions of Subsection (3)(a)(ii) by providing notice to a newspaper or local media correspondent under the provisions of Subsection 63F-1-701(4)(d). (4) A public body is encouraged to develop and use additional electronic means to provide notice of its meetings under Subsection (3). (5) (a) The notice requirement of Subsection (1) may be disregarded if: (i) because of unforeseen circumstances it is necessary for a public body to hold an emergency meeting to consider matters of an emergency or urgent nature; and (ii) the public body gives the best notice practicable of: (A) the time and place of the emergency meeting; and (B) the topics to be considered at the emergency meeting. (b) An emergency meeting of a public body may not be held unless: (i) an attempt has been made to notify all the members of the public body; and (ii) a majority of the members of the public body approve the meeting.

UTAH STATE LEGISLATURE Home | Site Map | Calendar | Code/Constitution | House | Senate | Search

Title/Chapter/Section: Go To

Page 1 of 2Utah Code

12/9/2010http://le.utah.gov/~code/TITLE52/htm/52_04_020200.htm

eahlstrom

Highlight

(6) (a) A public notice that is required to include an agenda under Subsection (1) shall provide reasonable specificity to notify the public as to the topics to be considered at the meeting. Each topic shall be listed under an agenda item on the meeting agenda. (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding

member of the public body, a topic raised by the public may be discussed during an open meeting, even if the topic raised by the public was not included in the agenda or advance public notice for the meeting. (c) Except as provided in Subsection (5), relating to emergency meetings, a public body may not take final action on a topic in an open meeting unless the topic is: (i) listed under an agenda item as required by Subsection (6)(a); and (ii) included with the advance public notice required by this section.

Amended by Chapter 5, 2009 Special Session 1 Download Code Section Zipped WordPerfect 52_04_020200.ZIP 3,679 Bytes

Questions/Comments | Utah State Home Page | Terms of Use/Privacy Policy

<< Previous Section (52-4-201) Next Section (52-4-203) >>

Page 2 of 2Utah Code

12/9/2010http://le.utah.gov/~code/TITLE52/htm/52_04_020200.htm

SOUTH WEBER CITY COUNCIL Staff Backup Report

Item No: Purchase Order #1693 Date of City Council Meeting: December 14, 2010 Title: LN Curtis, Purchase Order for 2 SCBA's Initiated By: Fire Dept RECOMMENDATION Approve the purchase of two Self Contained Breathing Apparatus (SCBA). BACKGROUND Firefighter safety is my number one priority. The number one cause of firefighter fatalities in the United States is running out of air. This occurs when firefighter become lost, disoriented, or trapped and unable to rescue themselves. Finding lost firefighters is complicated because of the dense smoke, heat and limited light. Communication with a lost firefighter is critical to finding them. The mask makes talking on a radio almost impossible without the aid of an amplifier. During our recent live fire training we identified several problems. First we had firefighters became confused between the three current models we have in service. The procedure for emergency operations and type and location of straps are different. Second - as a part of our personnel accountability system, we had to not only keep track of firefighters but we also had to keep them paired up correctly so they had the same air supply available. Over the past two budget years we have purchased a total of 4 new SCBAs all for Engine 1. This purchase will put two new SCBAs on Truck 4 in the "jump seats". That will mean that all of our seats with SCBA mounts in E-1 and T-4 will have the same exact SCBA. I have the opportunity to purchase like-new demo models of our same SCBA at a discount. The price for two is $12,840, compared to $16,600 we paid for the last two. This price includes 2 spare bottles. While this purchase was not originally budgeted for in the current budget year, I have reevaluated the priorities previously established and determined the greatest need is to replace two SCBA's now. I have the funds in my budget to cover this expense. CONCLUSION Double the air, an improved method for communication, greatly improved audible alarm and strobe lights, and the same model for the first 6 firefighters on scene....This all adds up to greatly improved safety for our volunteer firefighters and enhance our ability to protect our citizens. Please approve this purchase.

eahlstrom

Cross-Out

eahlstrom

Typewritten Text

Jan 11, 2011

eahlstrom

Typewritten Text

Ratification

eahlstrom

Typewritten Text

Ratify approval

SOUTH WEBER CITY Miscellaneous 1693Purchase Order(A Municipal Corporation of the State of Utah)

TO: (CompanylPerson): L bJ,--~c:.""",?~\..\..~(L~t~~--,=,S~ _

DESCRIPTION OF ITEM(S): -z s rB-~.l..8:bJ CC:..51o f\I\. iNa, V' '" \:..tt:JL S~ (tj'--.!..di~_

PURCHASE AUTHORIZIED BY: PURCHASE MADE BY: Date:

tJbV '3 I 1. 01 (() -ro~

A'rrZf~~~ REMIT INVOICE TO:

South Weber City Accounts Payable

1600 East South Weber Drive South Weber, Utah 84405

South Weber City is a Tax Exempt Entity - D #66926

Departmeht to Charge to:

F1VGl=:-General Ledger Budget Amount:

$ 25/~OO General Ledger Account Number:

,0 -t;7 -7Y5Phone: 1-801-479-3177 Fax: 1-801-479-0066

Current Balance:

$,~ \1~

TELEPHONE: 801-486-7285 L.N.Curtis&sons INTERMOUNTAIN DIVISION TOLL FREE: 800-426·0509 EMERGENCY EQUIPMENT & SERVICE hltp:llwww.LNCURTIS.com

FAX: 801-487-1278 Since 1929 1195 South 300 West Salt Lake City Utah 84101

QUOTATION

DATE October 26 t 2010 TERMS NET30 F.O.B. DESTINATION DELIV STOCK

TO: City of South Weber Fire Department 1600 E South Weber Drive South Weber, UT 84405

Attn: Tom Graydon Email: [email protected]

This quotation subject 10 acceptance within 30 days. Shipment conlingent upon strikes, fires. accldenls or other delays beyond reasonable conlrol of Ihe company_ L. N. CURTIS and Sons relalns ownership and title 10 all equlpmelll until fuRy paid for In legal money of the United Stales of America. All priCB$ quoted are subject to applicable Federal. Slate, County or City Taxes and Licenses.

LoN. CURTIS AND SONS

Lf-.c ~~ ~ By: _,/.....:w:~::.....!:.=:.!:.---=~~'t..W',,-=--A?~~"~:...."_",,,,...~----==- _

THANK YOU FOR THE OPPORTUNITY TO QUOTE. WE ARE PLEASED TO OFFER REQUESTED ITEMS AS FOLLOWS. IF YOU HAVE QUESTIONS NEED ADDmONAL INFORMATION OR WOULD UKE TO PLACE AN ORDER, PLEASE CONTACT BRANDON OR JOHN

QUANTITY PART NUMBER DESCRIPTION UNI PRll;E TOTAL

1 - 10 45WW01DEMO Sperian Warrior Demo CBRN SCBA, 4500 psi, with pass device, HUD, warbling whistle and the following:

• 917161 - Sperian full carbon, 60 minute, 4500 psi cylinder.

• 272026 - Spartan Warrior face piece, CBRN, with head net.

• X975556 - Sperian buddy breather with SAR check valve.

• X975625 - Spartan buddy breather pouch. • X242136 - Sperian COM Command voice amplification. • X9685462 - Sperian Chest Strap • X975465R - D Ring on left side • X975465L - D Ring on right side

DEMO WARRIORS ARE SUBJECT TO PRIOR SALE

$5,125.00

2

TELEPHONE: 801·486-7285 L.N.Curtis&sons INTERMOUNTAIN DIVISION TOLL FREE: 800·426·0509 EMERGENCY EQUIPMENT & SERVICE http://www.LNCURTIS.com

FAX: 801·487·1276 Since 1929 1195 South 300 West Salt Lake City Utah 84101

QUOTATION

DATE October 27,2010 TERMS NET 30 DELIV 2 WEEKSF.O.B. DESTINATION

This quotation subject to acceptance within 30 days. Shipment contingent upon strikes, fires, accidents or other delays beyond reasonable control of the company. L. N. CURTIS and Sons retains ownership and tille to all equipment until fully paid for In

TO: City of South Weber Fire Department legal money of the United Stales of America. All prices quoted are subject 10 applicable Federal, State. County or City Taxes and

1600 E South Weber Drive Licenses. L.N. CURTIS AND 80NSSouth Weber, UT 84405

Attn: Tom Graydon Email: [email protected] BYI

THANK YOU FOR THE OPPORTUNITY TO QUOTE. WE ARE PLEASED TO OFFER REQUESTED ITEMS AS FOLLOWS. IF YOU HAVE QUESTIONS, NEED ADDITIONAL INFORMATION OR WOULD LIKE TO PLACE AN ORDER, PLEASE CONTACT BRANDON OR JOHN

QUANTITY PART NUMBER DESCRIPTION UNIT PRICE TOTAL

917160 $1,295.00SPERIAN 60 MINUTE 4500 PSI FULLY WRAPPED CARBON $2,590.00 CYLINDER, WITHOUT LOCKING COLLAR

South Weber City Council Staff Backup Report

Date of Council Meeting: January 11, 2011 – Public Hearing Title: RES 11-01 Final Plat Approval Sure Steel Subdivision RECOMMENDATION Approve Resolution 11-01 Final Plat for Sure Steel 2-lot Subdivision. BACKGROUND On July 28, 2009, the City Council approved Conditional Use Application 2009-4 for the Sure Steel Site Development. Per that approval, the developer was directed to submit a either a property, street dedication, or a subdivision plat in order to clean up property issues. After approval of the conditional use permit, it was discovered that the UDOT maintained ownership of Cornia Drive and dedication of a 70’ right-of-way along the frontage of the proposed development as well as vacation of excess right-of-way back to the adjacent property owner was not possible. It was also discovered that there are issues with the gas line easement that will affect the ability to place sidewalk, curb, and gutter. On December 10, 2009, the Planning Commission recommended approval of the final plat and further recommended the city work with the pipeline company in order to allow for the desired improvements. The City Council addressed the issue with the gas line easement and ultimately agreed to enter into an encroachment agreement with Pioneer Pipeline in order to allow for the installment of the desired improvements. The pipeline company is in the process of obtaining the necessary signatures and will be returning the signed encroachment agreement to the city within the next two weeks to be recorded with Davis County. ATTACHMENTS

Resolution 11-01 Final Plat Sure Steel Subdivision Subdivision Plat Planning Commission Minutes Dec 10, 2009 Resolution 09-32 Conditional Use Permit Encroachment Agreement

RESOLUTION 11-01

FINAL PLAT – SURE STEEL SUBDIVISION

WHEREAS, on July 28, 2009, the City Council, by Resolution 09-32, issued a Conditional Use Permit to BC Holdings for the Sure Steel site development, a condition of which was that a subdivision plat shall be prepared and approved addressing the following:

1. Dedication of Cornia Drive with a 70' right-of-way along the frontage of the proposed development;

2. Vacating of excess right-of-way back to the adjacent property owner; 3. Platting of lot(s).

WHEREAS, after approval of the conditional use permit, it was discovered that Pioneer Pipeline (petroleum line) holds an easement that will affect the ability to place sidewalk, curb, and gutter improvements that are desired by the city for the development; and WHEREAS, the South Weber City Planning Commission reviewed the final plat for the Sure Steel Subdivision located at approximately 7620 S. Cornia Drive, at a public hearing held on December 10, 2009, and recommended approval of the final plat, and “further recommended that the city work with the pipeline casement and the placement of sidewalk, curb and gutter and its current site approval, and if able to, then place as close as possible to the ‘no build zone’ as specified in the pipeline casement;” and WHEREAS, on October 26, 2010, by Resolution 10-40, the City Council agreed to enter into an Encroachment Agreement in which Pioneer Pipeline Company is willing to permit the construction of utility lines, curb, gutter and sidewalk within the right-of-way; and WHEREAS, after approval of the conditional use permit, it was discovered that the UDOT maintained ownership of Cornia Drive and dedication of a 70’ right-of-way along the frontage of the proposed development as well as vacation of excess right-of-way back to the adjacent property owner was not possible; and WHEREAS, a final review of staff of the final plat and plans has been conducted and it has been determined the Final Plat meets City standards: BE IT THEREFORE RESOLVED by the South Weber City Council that the final plat of the Sure Steel Subdivision is hereby approved subject to the following conditions:

1. Escrow: The escrow was set up following site plan approval. The developer is required to enter into an escrow agreement with the City to ensure completion of all public improvements to be installed as required by subdivision and/or site plan approval. The escrow amount is equal to the City Engineer's approved estimated cost of all remaining required public improvements plus 15% of the total cost of all remaining required improvements for contingencies, plus an additional 10% of the total cost of all required improvements as a guarantee fee.

RES. 11-01 Final Plat Sure Steel Subdivision Page 2

2. Recording Period: The developer shall submit the plat, escrow and developers agreement to the City within 120 days from the date of approval, along with a check for recording fees. Plats not recorded within 120 days of final approval by the City Council shall be null and void and must be resubmitted to the City Council.

3.. Electronic Data: The developer shall submit electronic copies (both dwg and pdf

formats) of the plat and construction drawings following final approval. Electronic data should be compatible with AutoCAD2011 or earlier.

4. Preconstruction: A preconstruction conference was held on October 8, 2009 with the

developer and construction contractor, Site inspections will continue to be necessary until completion of the required improvements.

5. Official Construction Drawings: Two sets of mylar drawings have been received, signed

and dated October 6, 2009. These drawings will serve as the official construction drawings to be used by anyone involved with the construction of this subdivision.

6. Improvements: No work on curb, gutter and sidewalk improvements shall be commenced

until the plat and the encroachment agreement have been recorded with the county, and escrow funds have been secured and proof provided to the City.

7. Professional Fees: Prior to recordation of the final plat, the developer will be required to

pay all professional fees that have been incurred to date in full.

8. Inspection and Release of Escrow Funds. The City shall inspect improvements throughout construction. The Developer shall be responsible to pay professional fees incurred for inspections. The City shall notify Escrow's agent in writing as to the installation of the improvement and the amount to be released. Escrow is entitled to release funds from this account only after receiving written notification from the City.

9. Conditional Acceptance: Notwithstanding the fact that the land on which the

improvements will be located is dedicated at the time of the recording of a plat, the city shall not be responsible for the improvements, their construction, and/or maintenance until after a minimum one year guarantee period has expired and there is an official acceptance of the dedicated property and improvements by the city.

PASSED AND RESOLVED by the City Council of South Weber City this 11th day of January, 2011.

APPROVED ____________________________ Jeffery G. Monroe, Mayor Attest: ___________________________________ Erika J. Ahlstrom, City Recorder

ethomas

Received

SOUTH WEBERPLANNING COMMISSION MEETING

DATE OF MEETING: IO December 2009

PRESENT: COMMISSIONERS:

CITY MANAGER:

DEPUTY RECORDER:

CITY PLANNER:

TRANSCRIBER:

TIME COMMENCED: 6:37 p.m.

Delene HydeTim GrubbRorie StottMark PerkinsRod Wcstbroek

Matt Dixon (excused)

Emily Thomas

Scott Hess

Michelle Clark

A public work/discussion meeting was held at 6:00 p.m. to discuss agenda items,correspondence, and/or future agenda items.

VISITORS: Cody Taylor, Layne Kap, Mark Carter, Fred Gundersen, Kenny Gertge, JimBurwell, Harold Ray, and Todd Downs.

APPROVAL OF THE AGENDA: Commissioner Grubb moved to approve tonight'sagenda as written. Commissioner Wcstbroek seconded the motion. Commissioners I-Iyde,Grubb, Stott, Perkins, and Wcstbroek voted yes. The motion carried.

APPROVAL OF 12 NOVEMBER 2009 PLANNING COMMISSION WORK MEETINGMINUTES: Commissioner Perkins moved to approve the work meeting minutes of t2November 2009 Planning Commission Meeting as written. Commissioner Stott secondedthe motion. Commissioners Hyde, Grubb, Stott, Perkins, and Westbroek voted yes. Themotion carried.

DECLARATION OF CONFLICT OF INTEREST: The Planning Commission did not reportany conflict of interest.

Commissioner Hyde excused Matt Dixon from tonigbt's meeting.

Commissioner Grubb moved to open the public hearing for preliminary/final approval forSure Steel. Commissioner Stott seconded the motion. Commissioners Hyde, Grubb,Perkins, Stott, and Westbroek voted yes. The motion carried.

* * * * * * * * * * PUBLIC HEARING * * * * * * * * * *

South Weber Planning Commission Meeting 10 December 2009 Page 2 of 12

PRELIM/FINAL AI'PROVAL SURE STEEL 2 LOT SUBOIVSION; LOCATED ATAPPROX. 7620 SOUTH CORNIA DRIVE; SURE STEEL: On July 28, 2009, the CityCouncil approved Conditional Use Application 2009-4 for the Sure Steel Site Development. Perthat approval, the developer was directed to submit a either a property, street dedication, or asubdivision plat in orderto clean up property issues.

Scott Hess, City Planner, referred to Brandon Jones letter of 12-3-09. He stated after theconditional use permit was approved, it was discovered that there are issues with the gas lineeasement that will affect the ability to place sidewalk, curb, and gutter. He stated there are alsosome changes with the addresses. Scott said the city would like to see sidewalk, curb, and gutteron the plat.

Brandon Jones spoke with Pioneer Pipeline today. He is recommending that he negotiate withthe pipeline company and Sure Steel will be responsible for installation.

Commissioner Hyde asked if there were any public comments. There was none.

Discussion took place regarding the size of the park strip and who will maintain it. Brandon saidwhat is being approved tonight is the preliminary and final plat. He brought up the sidewalk,curb, and gutter issue because it has been changed. Commissioner Perkins isn't sure ifhe isready to make a decision on this until further information is received from the pipeline company.

Commissioner Perkins moved to close the public hearing for preliminary/final approval forSure Steel. Commissioner Stott seconded the motion. Commissioners Hyde, Grubb,Perkins, Stott, and Westbroek voted yes. The motion carried.

... ... ... ... ... ... ... ... ... ... PUBLIC HEARING CLOSED'" ............ '* * ...... '*

Commissioner Grubb moved to recommend approval of the preliminary/final for SureSteel 2 lot subdivision located at approximately 7620 S. Cornia Drive and to furtherrecommend that the city work with pipelinc casement and the placement of sidewalk, curb,and guttcr and its current site approval. If able to, then place as close as possible to the "nobuild zone" as specified in the pipeline casement. Commissioner Westbroek seconded themotion. Commissioners Hyde, Grubb, Perkins, Stott, and Westbroek voted yes. Themotion carried.

Commissioner Grubb moved to open the public hearing for Conditional Use #2005-04.Commissioner Stott seconded the motion. Commissioners Hyde, Grubb, Perkins, Stott,and Westbroek voted :)'cs. Thc motion carried.

* * ... '* * ... * ... * ... PUBLIC HEARJNG * ...... '* * ... '* '* '* *

AMEND CONDITIONAL USE #2005-04 KASTLEROCK EXCAVATION;LOCATED AT APPROX 205 E. SOUTH WEBER DRIVE; LAYNE KAPScott Hess, City Planner, stated on June 25, 2009, the Planning Commission reviewed thisapplication pursuant to City Code 10-7k-4. At which time it was decided that the originalapproval was out of compliance in the following two areas:

PRW_______ NW Sec 36, T5N, R1W, S.L.B.&M., Davis County, UT Sure Steel

ENCROACHMENT AGREEMENT STATE OF UTAH § § COUNTY OF DAVIS § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, PIONEER PIPE LINE COMPANY, a Delaware Corporation, (hereinafter referred to as "Permittor"), is the current owner of right-of-way as specified in an instrument dated the 26th day of November, 1991 from SOUTH WEBER CITY, UTAH covering lands in Davis County, State of Utah, said instrument being filed of record in Book 1469, Page 567 of the Deed Records of Davis County, Utah (hereinafter referred to as the “Right-of-Way”), and

WHEREAS, Permittor owns and operates an 8-inch pipeline in the lands covered by Permittor’s Right of Way; and WHEREAS, SOUTH WEBER CITY, UTAH (hereinafter referred to as "Permittee", whether one or more) with an address of 1600 E. South Weber Drive, South Weber, Utah, 84405, is the owner of a tract of land, commonly known as Cornia Drive, South Weber, Utah which is subject to the above specified Right-of-Way, said tract being within a portion of Cornia Drive; and WHEREAS, Permittee has requested permission to encroach upon Permittor’s Right-of-Way located on Permittee’s land specified above by constructing one (1) 12-inch (12”) PVC storm drain to cross as close to 90-degrees as possible over the top of the existing 8-inch (8”) products pipeline with a minimum of six inches (6”) of separation; one (1) 6-inch (6”) PVC sewer line to cross as close to 90-degrees as possible under the existing 8-inch (8”) products pipeline with a minimum of eighteen inches (18”) of separation; one (1) one-and-a-half-inch (1-1/2”) culinary water line to cross as close to 90-degrees as possible under the existing 8-inch (8”) products pipeline with a minimum of eighteen inches (18”) of separation; two (2) six-inch (6”) fire lines to cross as close to 90-degrees as possible under the existing 8-inch (8”) products pipeline with a minimum of eighteen inches (18”) of separation; and two (2) thirty-foot (30’) wide x three-inch (3”) thick driveways to cross as close to 90-degrees as possible over the existing 8-inch (8”) products pipeline. Driveways are specified with three-inches (3”) of bituminous paving and eight-inches (8”) of class 2 aggrigate base (minimum 95% compaction). Minimum separation between top of existing eight-inch (8”) products pipeline and bottom of three-inch (3”) paving shall be three-feet, nine-inches (3’ 9”), and the above-ground structures consisting of curb, gutter, and sidewalk (hereinafter referred to as the “Encroachment, whether one or more”); and WHEREAS, Permittor is agreeable to permitting said Encroachment subject to the terms and conditions of this Encroachment Agreement (“Agreement”). NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00), and of the premises and of the covenants hereof contained, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows:

1. Subject to the terms and conditions of this Agreement, Permittor hereby consents to the placement and maintenance of the Encroachment within the Right-of-Way as are specifically described and/or depicted on Exhibit "A", attached hereto and made a part hereof. The Encroachment within the Right-of-Way shall be placed only in the locations as described and/or depicted on Exhibit "A". Any changes in the nature or location of the Encroachment shall require the prior written approval of Permittor.


2. Permittee has been advised, and is fully aware, that Permittor now has, and shall continue to have, the right to utilize the land within the Right of Way and Permittor is hereby granted the right to use additional workspace outside of said Right-of-Way for pipeline purposes; that in so doing, Permittor may, at any time and from time to time, and without liability to Permittee, enter upon said land, place and transport machinery and equipment thereon, excavate trenches or ditches thereon, and perform other pipeline operations and related activities thereon, any of which may damage or destroy the Encroachment. Permittee agrees that Permittor shall have no obligation to repair, restore or replace the Encroachment or to compensate Permittee for any damage to or destruction of the Encroachment arising out of any such Permittor activity. Permittee also agrees that Permittor shall not be responsible or liable for, and Permittee hereby releases Permittor from, any lost business or consequential damages resulting from Permittor’s above described activities, howsoever caused.

3. Permittee shall give Permittor at least ten (10) days written notice before commencing any construction, maintenance or replacement of the Encroachment on the Right-of-Way, or movement of equipment across the Right-of-Way, in order that Permittor shall have an opportunity to have an inspector or representative present during the time such activities are carried out and so that Permittor’s pipeline(s) can be staked to minimize the possibility of damage. Notice is to be given to the following individual at the listed address and phone number:

ConocoPhillips Company Real Property Administration PO Box 7500, Bartlesville, OK 74005-7500 Fax: 918-661-7332

With a copy to: ConocoPhillips Company Attn: Brandon Treese 3960 E. 56th Avenue Commerce City, CO 80022 Phone: 303-376-4371

4. Any future encroachments on, or disturbances of, Permittor’s Right-of-Way are forbidden unless permitted by a separate fully executed Encroachment Agreement. Permittee will not excavate, nor permit others to excavate, on Permittor’s Right-of-Way for subgrade preparations or for any other purposes, except as allowed by this Agreement. Permittee, at its sole cost and expense, shall at all times maintain the Encroachment in a condition which will not interfere with or endanger Permittor’s pipeline(s) or the operation of such pipeline(s) located within Permittor’s Right-of-Way.

5. Nothing in this Agreement shall be construed as a grant of any of Permittor’s rights in the Right-

of-Way instrument specified above and this Agreement shall in no way limit or impair said rights.

6. If it becomes necessary in Permittor’s sole judgment, to lower or relocate Permittor’s pipeline(s) as a result of any encroachment by Permittee within the Right-of-Way, other than the Encroachment, such lowering or relocating of the pipeline(s) shall be undertaken by Permittor at the sole cost and expense of Permittee, including (without limitation) the cost of acquiring any additional right-of-way. Any relocation of the pipeline(s), as well as the relocation route, shall be at the sole discretion of Permittor.

7. Permittor shall have the right to adequately mark its pipeline(s) with permanent line markers and ground placards to promote public safety and the future safe operation of said pipeline(s), and to meet applicable governmental regulations.

8. Permittee represents and warrants that it is in compliance with and shall continue to comply with all of the terms and conditions set forth in the “Pioneer Pipe Line Company Encroachment Guidelines” attached hereto as Exhibit “B”.


EXHIBIT “B”

PIONEER PIPE LINE COMPANY ENCROACHMENT GUIDELINES

1.1. Company (Permittor) operates and maintains its pipelines in compliance with current U.S. Department of Transportation (DOT) regulations and industry and Company standards for safe operations. Should Encroaching Party (Permittee) propose plans to alter the area through which Permittor’s pipeline(s) pass, causing such pipeline(s) not to meet these requirements, modifications to the pipelines or plans shall be made. The cost of all such modifications shall be borne by the Permittee.

1.2. Permittee requesting Permittor to restrict the Right-of-Way (ROW) width will have a metes

and bounds survey of the line completed across his land by a registered land surveyor at the Permittee’s expense. The Permittee will provide proof of ownership of the property (i.e., warranty deed).

1.3. No buildings, engineering works, patios, in-ground swimming pools, septic systems, or other

permanent structures shall be permitted within 25 feet of any pipeline located within Permittor’s ROW. No temporary structures, storage containers, construction equipment or vehicle parking will be permitted within 25 feet of any pipeline located within Permittor’s ROW. without Permittor’s prior written approval. No manned structures, temporary or permanent will be approved. Retaining walls are not permitted. This includes all water retention devices. Large debris such as old cars, trailers, scrap metal, etc., will not be permitted on the ROW. The ROW shall be kept clear for maintenance.

1.4. All private dwellings, industrial buildings, or places of public assembly shall comply with a

building setback of 50 feet from the pipeline(s), and this setback requirement will be included as a deed restriction on any parcel carved out of the above referenced lands that abut the ROW. For a single line easement, this would be a strip of land 100 feet wide, centered on the pipeline. A greenbelt area will be established around the pipelines within a new proposed development whenever possible, with no lot lines or fences across the ROW or centered on the pipeline(s).

1.5. No fences will be allowed on the ROW without Permittor’s prior written approval. Fences shall

be easily removable and not obstruct the view of the ROW for inspection purposes. No masonry, brick, or stone fences will be allowed. Fences that are perpendicular to the pipeline(s) shall include a gate or other form of access across the width of the ROW. Fence posts shall not be placed within 4 feet of the pipeline(s). Fences that are parallel to the pipeline(s) shall be located at least 10 feet from the nearest pipeline(s), or 25 feet if located on both sides of the line.

1.6. No utility poles shall be allowed to cross the ROW if they interfere with future maintenance.

Utility poles, guy wires, or anchors shall not be placed within 8 feet of the pipeline(s). Utility poles running parallel to the pipeline(s) shall be located at least 25 feet from the nearest pipeline(s). All overhead cables shall maintain a minimum height of 20 feet above grade.

1.7. Trees or deep-rooted plants are not permitted on the ROW. Existing Trees and vegetation

may be removed or side trimmed by Permittor if in their sole discretion, such trees and vegetation threaten the integrity or interfere with their ability to maintain and monitor the pipelines.


1.8. For new roads running parallel to Permittor’s pipeline(s), there shall be at least 25 feet from

the edge of the road to the nearest pipeline. All roads passing over Permittor’s pipeline(s) shall cross at an angle as close to 90 degrees as possible. Depth of cover shall be at least 48 inches in the barrow ditches and 48 inches under road surfaces from top of pipe to top of surface. Final grade and depth of pipeline shall be surveyed in sensitive areas and results provided to Permittor and Permittee involved with the construction/modification. In addition, it may be necessary to lower and recondition, replace, relocate, or protect the pipeline(s) at the point of crossing to insure that they are not subjected to excessive stress from movement of traffic. Any such modification to the pipeline(s) shall be made at Permittee's expense.

1.9. Construction of parking lots over the pipeline(s) shall not be permitted without Permittor’s

prior written approval in an Encroachment Agreement releasing Permittor from any and all future damages to the parking lot due to pipeline maintenance and repair. Depth of cover shall be at least 48 inches from top of pipe to top of finished surface. Concrete parking lots shall have jointed sections at no more than 20-foot intervals for ease of repair.

1.10. Any utilities that parallel Permittor’s pipeline(s) shall maintain a minimum separation distance

of 25 feet from the utility’s outside wall to the outside wall of Permittor’s pipeline(s). All utilities which cross Permittor pipeline(s) shall pass underneath existing pipeline(s) by a minimum of 18 inches and the crossing shall be as close to 90 degrees as possible and adequately marked on both sides of such pipeline(s). The markers shall be maintained by Permittee in the future. Any future relocation of the utility line due to Permittor’s pipeline maintenance shall be done at the Permittee's expense. Any exceptions to these requirements shall not be allowed without Permittor’s prior written approval.

1.11. Telephone cables, TV cables, secondary electrical lines (240vac or less), and non-steel gas

lines shall be in a minimum Schedule 40 steel or PVC casing. Primary (high voltage) underground electrical lines shall be in a minimum Schedule 40 PVC casing and have a minimum clearance of 24 inches underneath Permittor’s pipeline(s). Trenched or open cut crossings shall also be covered with a red concrete slab a minimum of 4 inches thick and 24 inches wide for a distance of 10 feet on both sides of the pipeline(s). Any bored or directionally drilled high voltage line shall have a metallic tape tracer installed inside the casing.

1.12. If any of Permittee’s lines that cross or run parallel to Permittor’s pipeline(s) are installed and

constructed of a material requiring cathodic protection, an interference survey shall be made by Permittor and Permittor shall determine what necessary steps shall be taken to prevent the damage of either line. The survey shall be done at Permittor’s expense. Any measures required to address interference issues as a result of the installation of the Permittee’s lines shall be done at Permittee's expense.

1.13. Grade or elevation changes may not be made without Permittor’s prior written approval.

Changes in grade for the purpose of water retention shall not be approved. 1.14. Permittee shall maintain a minimum of 48 inches of soil cover over Permittor’s pipeline(s)

across the entire width of the Encroachment where it crosses the ROW. If sufficient cover does not currently exist, then the line shall be lowered or additional cover provided for placement over the ROW at Permittee’s sole cost and expense. Cover over the lines may not exceed 6 feet without Permittor’s prior written approval. The method of achieving the required depth of cover shall be at Permittor’s sole discretion.


1.15. The Permittee shall provide the Permittor with plans for all work that may affect the ROW for approval prior to construction, including an accurate plat and a profile along the pipeline centerline showing existing and proposed finished grades. Upon receipt of these drawings, Permittor shall prepare a cost estimate of any necessary modifications to its pipeline(s). Permittor requires that 100% of the cash equivalent of Permittor cost estimate be given to the Permittor prior to beginning modifications. Permittee shall be charged actual costs for design/construction as incurred by the Permittor and an overhead charge to cover procurement, accounting, and legal services. Any part of the cost estimate not spent shall be returned to the Permittee or the Permittee shall be invoiced for amounts exceeding the cost estimates. Any pipeline modifications shall be done by Permittor or one of the Permittor’s contractors.

1.16. The Permittor retains the right to adequately mark the Permittor’s pipelines with permanent

line markers to insure public safety and the future safe operation of the lines. DOT Regulations state that any person who willfully and knowingly defaces, damages, removes, or destroys any pipeline sign or right-of-way marker shall be subject to a fine, imprisonment, or both. The Permittee is required by State law to contact the local One-Call Center at least 48 hours prior to any excavation taking place near the pipeline(s). The Permittor reserves the right to have an inspector or representative on the job to oversee all construction within the ROW.

1.17. The Permittee shall allow no material or equipment to be used in the construction of the

Encroachment that would hinder or impair Permittor’s ability to safely maintain and operate Permittor’s pipeline(s). Temporary construction roads or crossings over Permittor’s pipelines must be approved in advance in writing by Permittor. Permittee shall provide additional cover and/or stabilization to specifications determined by Permittor prior to commencement of traffic across pipelines.

1.18. Permittee shall not allow the Encroachment to create an erosion problem along the ROW,

and should such an erosion problem arise then Permittee, at Permittee’s sole cost and expense, shall immediately correct the problem.

1.19. These types of projects/modifications may include over excavating to achieve the final grade.

If the project includes over excavating to achieve the final grade, pipeline protective measures shall be discussed and agreed to in advance by the Permittor and the Permittee.


Item No: Approval of Resolution 11-02 Date of City Council Meeting: Jan 11, 2011 Title: Snow Removal Policy Initiated By: City Staff BACKGROUND: The City staff has been contacted by several residents questioning the standards of snow removal service within South Weber City. The staff desires to establish a formal “snow removal” policy that answers the various questions of how the City performs snow removal activities upon City rights of way. To that end, the staff has reviewed other similar policies and created the attached policy by which residents will know and may review the level of service with respect to the removal of snow or ice and placing of salt material on City Streets. This service level expectation standard also informs City employees of what is expected and what can be provided relative to resources, time frames, and provisions within the City’s budget. Moreover, the public works department has the important responsibility for ensuring adequate and safe snow and ice removal in a timely and controlled fashion relative to available resources of the City. This policy will be posted on the City’s web site for residents to review and obtain information. City staff will be available for further discussion. RECOMMENDATION: Approve Resolution 10-42 establishing City’s Snow Removal Policy to establish the service level expectation and provide priority direction to City residents and City staff.

RESOLUTION 11-02

A RESOLUTION ESTABLISHING A SNOW AND ICE REMOVAL POLICY

WHEREAS, the South Weber City Council wishes to establish a policy by which all residents will know the level of service with respect to the removal of snow or ice and placing of salt material on any City street or road during the winter months; and

WHEREAS, the South Weber City Council believes that is in the best interest of the

residents for the City to assume basic responsibility for control of snow and ice on City streets; and

WHEREAS, this policy and level of service are to be implemented within the City’s street maintenance budget which is approved yearly by the City Council; and

WHEREAS, the City will provide such service in a safe and cost effective manner, keeping in mind safety, budget, personnel, and environmental impacts; and WHEREAS, the Public Works Department is given the responsibility for ensuring adequate snow and ice control on City streets occurs in a timely fashion; and WHEREAS, the Public Works Department has prepared the attached Snow and Ice Removal Policy.

NOW THEREFORE, BE IT RESOLVED by the City Council of South Weber to approve and adopt the South Weber City Snow and Ice Removal Policy (attached), and that this policy supersedes all previous written and unwritten policies regarding the removal of snow and ice on City streets.

PASSED AND ADOPTED by the City Council of South Weber this 14th day of

December, 2010.

APPROVED

_______________________________ Jeffery G. Monroe, Mayor

Attest: _____________________________ Erika J. Ahlstrom, City Recorder

2

South Weber City Snow & Ice Removal Policy

1. Policy The City of South Weber annually budgets funds for and assumes basic responsibility for control of snow and ice on City streets. The City will provide snow and ice control for routine travel and emergency services in an effort to serve the greatest number of vehicles possible, given safety, budget, personnel and environmental constraints. The City will use City employees and equipment to provide this service. The City’s critical mission of access to emergency fire, police and medical services will be maintained during a major snow or ice storm event. In emergency situations, private contractors may be employed to assist in providing this service. The Park & Ride is to be contracted out each year following the city soliciting sealed bids from local contractors. 2. Commencement of Operations Snow plowing and/or ice control operations shall commence under the direction of the on-call Public Works employee. Notice of plowing need is typically provided from the Davis County Sheriff’s Deputy on duty during late night time hours. The snow removal operations will begin in accordance with the following criteria:

A. Snow accumulations of one inch (1”) or less – all hills shall be salted if needed. B. Snow accumulations greater than one inch but less than three inches (1”–3 ”) – all

hills shall be plowed and salted. C. Snow accumulations greater than three inches (3”+) – all streets shall be

plowed and salted from curb to curb in accordance with the priority list in #4 Snow Plowing Procedures.

3. Personnel In the event of a storm, the on-call employee shall respond within thirty (30) minutes of being dispatched or called. Upon arriving in South Weber the employee will immediately assess the situation and determine if additional assistance is needed. If it is determined that assistance is required, the employee shall immediately contact other department employees. Unless approved by the Public Works Director, there should be no more than two employees out later than 5:00 p.m. This is to ensure that each employee is provided adequate time to rest during heavy snow storms, as well as to ensure availability of drivers during long-lasting storms. It is the Public Works Director’s responsibility to ensure that department employees are rotated throughout the day/night to prevent fatigue and unnecessary overtime. 4. Snow Plowing Procedures Streets will be plowed and salted according to the following established priority. Priorities are set based upon traffic volume, public safety, access to emergency response facilities, and schools.

3

A. Major Collector Streets:

i. 475 East ii. 1900 East iii. 2100 East iv. Deer Run Drive v. Highway 89 Frontage Roads

B. Minor Collector Streets - all other city owned streets. C. Cul-de-sacs D. Sidewalks traversing all city owned properties E. The Park & Ride is to be contracted out each year following the city soliciting

sealed bids from local contractors. Priority A routes are plowed first. City crews will then proceed to streets identified as Priority B and then lastly, Priority C streets. The City will address Priority C streets as time and equipment availability permits. Severe weather conditions may delay or impact Priority C street cleaning operations. Sidewalks will be plowed last. Snow will be plowed in a manner so as to provide access as soon as possible and to minimize any traffic obstructions. The center of the roadway will be plowed first. The snow shall then be pushed from left to right to the side of the roadways. It is the Public Works Department goal to have the street system cleaned after a "typical" snowfall in approximately 7-10 hours. Depending on snowfall conditions and duration of the storm, streets will not always immediately be able to be completely cleared of snow and may require multiple passes of equipment. During more severe storms (snowfall in excess of 8”inches) removal may take up to 48-72 hours to complete. In storms of this severity, the City has established an objective to keep the main streets open as “passable”. 5. Suspension of Operations Generally, operations will continue until all roads are passable. Widening and cleanup operations may continue immediately or on the following work day depending upon conditions and circumstances. Safety of the plow operators and the public is important. Therefore, snowplowing/removal operations may be terminated after 12 to 14 hours to allow City personnel adequate time for rest. Operations may also be suspended during time periods of limited visibility, significant winds or drifting snow so as to not jeopardize the safety of city employees and equipment. Any decision to suspend operations shall be made by the Public Works Director based on the conditions of the storm. 6. Use of Salt or Other De-icing Material The City will utilize salt at locations where there are hazardous or slippery conditions. This provides for traction but is not intended to provide a “bare pavement” roadway service level throughout the City during winter season timeframes or winter conditions. The City will not be responsible for damage to grass or motor vehicles caused by salt or other de-icing materials and therefore will not make repairs or compensate residents for salt damage to turf areas in the street right-of-way or damage to motor vehicles.

4

7. Property Damage Snow plowing and ice control operations can cause property damage even under the best of circumstances and care on the part of the operators. The major types of damage are to improvements in the City right-of-way. The intent of the right-of-way is to provide room for snow storage, utilities, sidewalks and other City uses. However, certain private improvements such as mailboxes, landscaping and other private installations are located and allowed by the City within this area.

A. Mailboxes - Mailboxes should be constructed sturdily enough to withstand snow rolling or pushing off a plow. While the installation of mailboxes on the city right-of-way is permitted, the mailbox owner assumes all risk of damage except when a mailbox is damaged through direct contact by a plow blade, or other piece of equipment. If a mailbox is damaged due to direct contact by snow plowing equipment, the City, at its option, will repair or replace the mailbox. Damage resulting from snow rolling off a plow is the responsibility of the resident or mailbox owner.

B. Landscaping - Property owners assume all risk of damage for landscaping,

including nursery and inanimate materials that are installed or encroach on City right-of-way. The City assumes no responsibility for damage incurred to these elements as a result of snow plowing and ice control activities.

C. Other Private Installations - The City will assume no responsibility for

underground lawn sprinkling systems, exterior lighting systems, underground electronic dog fences or any features privately installed within the City right-of-way. 8. Snow Storage Ongoing snow and ice control efforts require the use of the entire City right-of-way and easement areas for storage of plowed snow. Depending on the volume of snow, available storage within the right-of-way can become limited and/or create sight obstructions or block the delivery of US postal mail. 9. Residential Driveways and Sidewalks One of the most frequent problems in removal of snow from the public streets is the snow deposited in driveway approaches during plowing operations. Snow that accumulates on the plow blade has no place to go but into the driveway. Snowplow operators make every reasonable attempt to minimize the amount of snow deposited in driveways, but the amount can still be significant. City personnel do not provide driveway cleaning. Possible exceptions are at the discretion of the Public Works Director for emergency response situations. City residents are required by ordinance to clear the sidewalks fronting their homes and businesses within 24 hours after a storm. When clearing snow from walks and private driveways it is unlawful to place or cast any substance into a City street as per City ordinance. Furthermore, it is unlawful to place snow removed from a sidewalk or other public place in manner so as to cause a hazard to vehicular or pedestrian traffic.

5

10. City Sidewalks The City will maintain sidewalks on City Owned property throughout the City. After completion of the road cleanup, the public works staff will remove snow and ice from city-owned sidewalks, in the following established priority:

A. City Office B. Fire Station C. Family Activity Center D. Parks

Snow and ice removal of these sidewalks will be completed within 24 hours of completed road cleanup. Scheduling of work is dependent upon the release of personnel from their street maintenance duties. As there are a limited number of personnel available, the City will only maintain these sidewalks after the streets have been plowed. 11. Mail Delivery Snowplow operators make every reasonable effort to remove snow as close to the curb line as practical in order to provide mail delivery access to mailboxes. Significant amounts of snow will reduce storage capacity of such snow along the roadway and impact the ability of the City to remove excessive amounts of snow and ice. Therefore, the final cleaning of snow adjacent to mailbox(s) is the responsibility of each resident; or group of residents if a community postal box is in service but denied mail delivery due to excessive snow stockpiling parallel to the City right of way. 12. Vehicle Parking City Code specifies that it shall be unlawful to park any vehicle or farm equipment on any street in the city between the hours of 12:00 midnight and 12:00 noon from November 1 to March 31. Vehicles parked on the street or abandoned during snow storm events will be cited, and may be towed at the owner’s expense. 13. Complaints Complaints regarding snow and ice control or damage will be taken during normal working hours and handled in accordance with the City's complaint procedures. Complaints involving access to property or problems requiring immediate attention will be handled on a priority basis. Response time should not exceed twenty-four (24) hours for any complaint. It should be understood that complaint responses are to ensure that the provisions of this policy have been fulfilled and that all residents of the City have been treated uniformly. 14. Utility Structures Except as otherwise provided in any license or franchise agreement, the City will only be responsible for damage to utility pedestals and transformers within the right-of-way resulting from direct contact by City snow and ice removal equipment. City liability shall be limited to actual cost to repair the damages as documented by invoices submitted to the City by the utility.


Date of City Council Meeting: Jan 11 2011 Titles: ORD 11-01: An Ordinance Amending Title 8 Water, Sewer, Storm Water and Drainage, Chapter 1 Water Use and Service, Section 2 Applications for Connection, Service,

Articles C and D, and Section 5 Discontinuance of Service ORD 11-02: An Ordinance Amending Title 3 Business and License Regulations, Chapter 2 Businesses Regulated, Section 1 Types of Businesses, Item 5, Rental Units RECOMMENDATION Approve Ordinances 11-01 and 11-02. BACKGROUND The current ordinances and processes are as follows:

1. Renter signs up for utilities and pays the required deposit. 2. Home address is checked to see if owner has secured the required business

license. 3. If not, then a letter and application is sent to the property owner requesting that a

license be obtained. This can take weeks for a response and often no response is ever received even after multiple letters have been sent.

4. Renter often leaves town without notice or leaves a large utility bill for property owner to take care of and the property owner has to be tracked down.

This process is one that is unnecessary considering that a rental home that is not operating under a conditional use permit does not have any more impact on the community than if the home were not being rented and the property owner were living there. We have found that some landlords do not require their tenants to sign up for utilities in their name, which means if they have not secured the required business license, the City is never aware that the home is being rented out. The City Staff spends a lot of time chasing down property owners not only for them to obtain a $29 business license, but for the payment of the utilities when the deposit does not cover the utility bill left by the renter.

Currently the City has 48 licensed rental homes (including those with a conditional use permit), which equates to $1392 per year for the City. The main reason for requiring a business license has been that the property owner is making over $250 a year by renting out that home. State Law does not require the City to require a business license; it only states that the City can regulate rental homes. CONCLUSION The City Staff is proposing that the business license regulations be amended to require a business license only for multi-family dwellings that are rented under a conditional use permit. Along with this, the property owner of all homes would be required to sign up for utilities in his/her name and be responsible for the utility bill. The renter would be permitted to have the utilities put in their name as an “in care of”; however, the owner’s name would remain as the primary on the account. We would no longer collect a deposit and would treat the account as a regular utility account. ATTACHMENTS

◊ Ordinance 11-01 ◊ Title 8 Redlined to reflect Ord 11-01 ◊ Ordinance 11-02 ◊ Title 3 Redlined to reflect Ord 11-02

ORDINANCE 11-01

AN ORDINANCE AMENDING TITLE 8 WATER, SEWER, STORM WATER AND DRAINAGE,

CHAPTER 1 WATER USE AND SERVICE, SECTION 2 APPLICATIONS FOR CONNECTION, SERVICE, ARTICLES C AND D & SECTION 5

DISCONTINUANCE OF SERVICE

WHEREAS, the South Weber City Council established Title 8 Water, Sewer, Storm Water and Drainage to ensure the proper operation and maintenance of the City water system; and

WHEREAS, the South Weber City Staff has reviewed and made amendments and recommendations to update service connection requirements and invoicing procedures in order to more effectively control service connections and billing; and

WHEREAS, the South Weber City have reviewed the amendments and recommendations made by Staff;

NOW THEREFORE BE IT ORDAINED, by the Legislative Body of South Weber City as follows:

SECTION 1: The South Weber City Code shall be amended as follows:

SECTION 2: South Weber City Code, Title 8, Chapter 1, Section 2, Article C shall be amended to read:

C. Service. The current property owner is required to secure water service when such service is available from the City water system by completing the required application and agreement on file at the City Office. The application must be completed in person and the property owner must present photo identification at time of application.

SECTION 3: South Weber City Code Title 8, Chapter 1, Section 2, Article D shall be amended to read:

D. Invoicing Regulations. The invoice for services shall only be sent to the service address and shall not be forwarded to another billing address. In the case of a rental, shut off notices may be mailed to the property owner upon request of the property owner. The property owner may add an additional name, such as the name of the renter, to the invoice; however, the invoice will also reflect the property owner’s name and the property owner will be on record as the responsible party.

ORD 11-01, 11 January 2011 Page 2

SECTION 4: South Weber City Code Title 8, Chapter 1, Section 5 shall be amended by removing the phrase “or a deposit made”, thereby shall read as follows:

8-1-5: Discontinuance of Service.

Any customer desiring to discontinue service shall notify the city of such fact at least ten (10) days before the date when such service shall be discontinued. On giving such notice, the customer shall not be responsible for water bills incurred after the date specified in the notice. Any credit balance in favor of the customer as a result of an advance payment of bills will be refunded upon discontinuation of service.

SECTION 5: This ordinance shall take effect immediately upon posting. PASSED AND ADOPTED by the City Council of South Weber, Davis County, this 11th day of January, 2011. ________________________________ MAYOR: Jeffrey G. Monroe ATTEST: _________________________________ Erika J. Ahlstrom, City Recorder CERTIFICATE OF POSTING I, the duly appointed recorder for the City of South Weber, hereby certify that

Ordinance 11-01: An Ordinance Amending Title 8 Water, Sewer, Storm Water and Drainage,

Chapter 1 Water Use and Service, Section 2 Applications for Connection, Service, Articles C

and D & Section 5 Discontinuance of Service was passed and adopted the 11th day of January,

2011, and certify that copies of the foregoing Ordinance 11-01 were posted in the following

locations within the municipality this ____ day of _________________, 2011.

1. South Weber Elementary, 1285 E. Lester Drive 2. South Weber Family Activity Center, 1181 E. Lester Drive 3. South Weber City Building, 1600 E. South Weber Drive 4. South Weber City website www.southwebercity.com 5. Utah Public Notice Website www.utah.gov/pmn

____________________________________ Erika J. Ahlstrom, City Recorder

8-1-2: APPLICATIONS FOR CONNECTION, SERVICE:

A. Connection: Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the city water system, shall file with the water department for each connection a written and signed connection application which is on file in the city office. (1989 Code § 14-113; amd. 1998 Code)

B. Connection By Subdividers: Whenever a subdivider or developer desires or is required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required. (1989 Code § 14-114)

C. Service: Any person who desires or is required to secure water service when such service is available from the city water system, shall file with the water department a written application and agreement for the service which is on file in the city office.

C. Service: The current property owner is required to secure water service when such service is available from the City water system by completing the required application and agreement on file at the City Office. The application must be completed in person and the property owner must present photo identification at time of application.

D. Invoicing Regulations. The invoice for services shall only be sent to the service address and shall not be forwarded to another billing address. In the case of a rental, shut off notices may be mailed to the property owner upon request of the property owner. The property owner may add an additional name, such as the name of the renter, to the invoice, however, the invoice will also reflect the property owner’s name and the property owner will be on record as the responsible party.

(1989 Code § 14-115; amd. 1998 Code)

D. Nonowner Service: Applications for water service made by the tenant of an owner must in addition to the above requirements be guaranteed by an agreement which is on file in the city office. (1989 Code § 14-116; amd. 1998 Code)

8-1-5: DISCONTINUANCE OF SERVICE: Any customer desiring to discontinue service shall notify the city of such fact at least ten (10) days before the date when such service shall be discontinued. On giving such notice, the customer shall not be responsible for water bills incurred after the date specified in the notice. Any credit balance in favor of the customer as a result of an advance payment of bills or a deposit made will be refunded upon discontinuation of service. (1989 Code § 14-141; amd. 1998 Code)

.

ORDINANCE 11-02

AN ORDINANCE AMENDING TITLE 3 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2

BUSINESSES REGULATED, SECTON 1 TYPES OF BUSINESSES, ITEM 5, RENTAL UNITS

WHEREAS, the South Weber City Council established Title 3 Business and License Regulations to promote business practices that are in compliance with applicable state and federal regulations, as well to establish consistent licensing requirements for businesses located throughout the City; and

WHEREAS, the South Weber City staff has reviewed and made recommendations to update the licensing requirements for such businesses; and WHEREAS, the South Weber City Council has reviewed the amendments and recommendations by the City staff; NOW THEREFORE BE IT ORDAINED by the legislative body of South Weber City as follows: SECTION 1: The South Weber City Code shall be amended as follows: SECTION 2: South Weber City Code, Title 3, Chapter 2, Section 1, Item 5 shall be amended to read as follows:

5. Multi-family Dwellings: A building designed to be occupied by more than four (4) families, and is available to be rented, loaned, or leased for a period of one month or more.

SECTION 3: This ordinance shall take effect immediately upon posting. PASSED AND ADOPTED by the City Council of South Weber, Davis County, Utah this 11th day of January, 2011. ___________________________________ MAYOR: Jeffery G. Monroe ATTEST: ___________________________________ Erika J. Ahlstrom, City Recorder

CERTIFICATE OF POSTING I, the duly appointed recorder for the City of South Weber, hereby certify that

Ordinance 11-02: An Ordinance Amending Title 3 Business and License Regulations,

Chapter 2 Businesses Regulated, Section 1 Types of Businesses, Item 5 Rental Units

was passed and adopted the 11th day of January, 2011, and certify that copies of the

foregoing Ordinance 11-02 were posted in the following locations within the

municipality this ____ day of _________________, 2011.

1. South Weber Elementary, 1285 E. Lester Drive 2. South Weber Family Activity Center, 1181 E. Lester Drive 3. South Weber City Building, 1600 E. South Weber Drive 4. South Weber City website www.southwebercity.com 5. Utah Public Notice Website www.utah.gov/pmn

____________________________________ Erika J. Ahlstrom, City Recorder

3-2-1: TYPES OF BUSINESSES:

A. License Required: It shall be unlawful for any person to operate any of the following types of businesses within the city without first making an application to the city and obtaining a business license:

1. Home Occupation Without On Site Patrons/Employees: Any business conducted from a residence that has neither patrons nor employees frequenting the business at any time.

2. Home Occupation With On Site Patrons/Employees: Any business conducted from a residence that has patrons and/or employees frequenting the business.

3. Group Home: A residential facility for elderly or handicapped persons consistent with the zoning of the desired location, that is occupied on a twenty four (24) hour basis by eight (8) or fewer individuals in a family type arrangement and in conformance with applicable standards of the Utah department of social services.

4. Commercial: Any business conducted for profit that is not located within a residence.

5. Rental UnitsMulti-family Dwellings: A building designed to be occupied by more than four (4) families.A building or part of a building that is used or designated for use as a residence by one or more persons, and is available to be rented, loaned, or leased for a period of one month or more.

6. Construction: A person or business that builds, excavates, or completes any work towards the completion of (i.e., electrical, mechanical) a building or structure and whose business is located within the city.

7. Mining: Those activities conducted on the surface of the land for the exploration for development of or the extraction of mineral deposits from its natural occurrences, including surface mining and surface effects of underground mining, including on site transportation or other primary processing.

8. Peddlers/Solicitors: See chapter 8, "Residential Solicitation", of this title.

9. Vending Machines: Any machine, device or contrivance designed or intended to be operated or used for the distribution or sale of perishable and/or nonperishable items in response to payment of some charge by insertion of a cash, coin, slug, or card.

10. Temporary Business: Any business conducted for less than ninety (90) calendar days each year with either a permanent or nonpermanent structure.

11. Occupations Not Expressly Identified: The license for all businesses and occupations not otherwise provided for in this title shall be determined according to the currently adopted fee schedule. The business must comply with any applicable federal, state, and local regulations.


Date of City Council Meeting: Dec 14, 2010 Title: Direction for City Emergency Prep Fair RECOMMENDATION Provide direction to staff regarding the Emergency Preparedness Fair. When? Where? How Much? BACKGROUND Each year the City alternates with the LDS Church for hosting responsibilities. 2011 is the City’s responsibility. The City conducted a survey in regards to Country Fair Days and the Emergency Preparedness Fair and it was found that of those that took the survey (55 people), only 13 participated in the fair. While this number is daunting, it is a good picture of the lack of participation this type of event receives. Staff also spoke with the LDS Church and former Councilmember Scott Petersen regarding participation in this and past year’s fairs and found their responses to parallel this survey. Staff feels that it is still possible to incorporate the booths for the Emergency Preparedness Fair with Country Fair Days Saturday events, but we are recommending that events such as demonstrations, classes, and other activities be held throughout the Country Fair Days week. For example, the Fire Department could do a demonstration on Monday night after the dinner and Let’s Make a Deal. Staff is also recommending that we reduce the overall scale of the event. Another option is to hold the events another time during the summer or early fall.

eahlstrom

Typewritten Text

Jan 11, 2011

eahlstrom

Cross-Out

1. Thank you for taking the time to complete this short survey about South WeberCity's 2010 Country Fair Days & Emergency Preparedness Fair. This survey hasbeen developed to gather feedback and suggestions to assist the Country FairDay's & Emergency Preparedness Fair Planning Committees in improving futureevents. The survey will take approximately 5- 7 minutes to complete.

Initial ReportLast Modified: 09/08/2010

Total 0

Min Value -

Max Value -

Mean 0.00

Variance 0.00

Standard Deviation 0.00

Total Responses 0

# Answer Bar Response %

Statistic Value

2. How long have you lived in South Weber City?

1 Less than Five years 6 10%

2 Five to Nine years 17 28%

3 Ten to Fourteen years 8 13%

4 Fifteen or more years 29 48%

Total 60

Min Value 1

Max Value 4

Mean 3.00

Variance 1.19


Total Responses 60


Statistic Value

3. What is your Gender?

1 Male 30 50%

2 Female 30 50%

Total 60

Min Value 1

Max Value 2

Mean 1.50

Variance 0.25


Total Responses 60


Statistic Value

4. What is your current age?

1 Under 5 years 0 0%

2 5 to 9 years 0 0%

3 10 to 14 years 0 0%

4 15 to 19 years 2 3%

5 20 to 24 years 0 0%

6 25 to 34 years 7 12%

7 35 to 44 years 18 30%

8 45 to 54 years 17 28%

9 55 to 59 years 9 15%

10 60 to 64 years 5 8%

11 65 to 74 years 1 2%

12 75 to 84 years 1 2%

13 85 years and over 0 0%

Total 60

Min Value 4

Max Value 12

Mean 7.77

Variance 2.18


Total Responses 60


Statistic Value

5. Did you attend any of the Country Fair Days events this year?

1 Yes 39 66%

2 No 20 34%

Total 59

Min Value 1

Max Value 2

Mean 1.34

Variance 0.23


Total Responses 59


Statistic Value

6. How would you rate your overall satisfaction with this year's Country FairDays?

1 Very Satisfied 7 20%

2 Satisfied 17 49%

3 Neutral 7 20%

4 Dissatisfied 3 9%

5 Very Dissatisfied 1 3%

Total 35

Min Value 1

Max Value 5

Mean 2.26

Variance 0.96


Total Responses 35


Statistic Value

7. What response best represents how you feel about how the event(s) werepriced?


2 Satisfied 13 37%

3 Neutral 10 29%

4 Dissatisfied 2 6%


Total 35

Min Value 1

Max Value 4

Mean 2.11

Variance 0.81


Total Responses 35


Statistic Value

8. What response best represents your satisfaction with how well the event(s)you participated in were organized?


2 Satisfied 14 40%

3 Neutral 8 23%

4 Dissatisfied 5 14%


Total 35

Min Value 1

Max Value 4

Mean 2.29

Variance 0.97


Total Responses 35


Statistic Value

9. What response best represents your satisfaction with the event registrationprocess?


2 Satisfied 10 29%

3 Neutral 16 46%

4 Dissatisfied 7 20%


Total 35

Min Value 1

Max Value 5

Mean 2.91

Variance 0.73


Total Responses 35


Statistic Value

10. What suggestions, if any, do you have to improve the registration process?

Should be online, but only if can get to work.

Have more information available- the online process was horrible, we couldn't tellin the end if people were registered and names were wrong

I didn't register for anything.

My wife actually did the registering, and we weren't sure if it was successful.Perhaps a confirmation email following registration would be good (if there wasn'tone).

Its good to see the city utilizing the technology we have for online registration.

Be able to pay at once. I registered for kids k and 5k at the family dinner and hadto write 2 seperate checks. Not a big deal, just a convience thing..

I thought the idea of online registration was wonderful, it just didn't go assmoothly as I would have liked.

I registered both of my children for the Fun Run. At no point did the onlineregistration state that we had to go to the FAC to complete our registration. Whenwe showed up for the fun run there were exactly 2 t-shirts left, both child's larges.My younger son is 8 and he is not large. I specifically designated each if mychild's shirt sizes in the on-line registration. If there is going to be on-lineregistration then we should, at least, be guaranteed that we will receive what wesigned up for. I signed up weeks in advance and paid my registration and anotherfamily who decided to show up the day of the race ended up with my child's shirt.This is the second time that this is happened and it is very frustrating for me.

Make it work.

didn't need to register for anything even if I had attended more events that I did.

Don't understand why it was so hard to get registered online. Then some priceswere wrong (little miss, etc.)

Make sure the city computer applications are working, the city staff needs to bemore helpful to those seeking and application for an event especially to thosewho are out of towners

We loved the emergency preparedness fair tied in with SWeber days

Make sure you put on the flyer if past residents can participate and if there is alimitation with that.

N/A...Didn't have to register for the events we attended.

Improved information, improved on-line registration

Total Responses 16

Text Response

Statistic Value

11. Please rate your level of satisfaction for each of the following Country FairDays events? For those you did not participate in please select "NA".

1 Baby Contest 2 0 2 1 0 5

2 Little Miss Pageant 4 2 1 1 0 8

3 Golf Tournament 1 0 4 1 0 6

4 Monday Night Dinner 10 4 1 0 0 15

5 Let's Make a Deal 7 4 1 0 2 14

6 3 on 3 Basketball 2 3 1 0 0 6

7 Kid-K Fun Run 6 3 2 1 0 12

8 Sidewalk Chalk Art Contest 2 2 1 0 0 5

9 Old Timers Baseball Game 5 2 1 0 0 8

10 Movie in the Park 7 7 1 0 0 15

11 Little Buckaroo Rodeo 5 4 1 1 1 12

12 Adult Anything Goes 1 2 1 0 0 4

13 Richard Bouchard Memorial Run 11 4 1 0 0 16

14 Youth Anything Goes 1 1 3 0 1 6

15 Booths at the Park 3 12 7 3 3 28

16 Parade 7 11 6 2 2 28

17 Eating Contest 1 0 1 0 1 3

18 Entertainment 3 6 6 3 3 21

19 Youth Stomp 1 2 2 0 0 5

20 Candy Drop 3 1 4 0 0 8

21 Fireworks 11 9 4 3 1 28

Min Value 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

Max Value 4 4 4 3 5 3 4 3 3 3 5 3 3 5 5 5 5 5 3 3 5

TotalResponses 5 8 6 15 14 6 12 5 8 15 12 4 16 6 28 28 3 21 5 8 27

# Question Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Responses

Statistic BabyContest

LittleMiss

Pageant

GolfTournament

MondayNight

Dinner

Let'sMake

aDeal

3 on 3Basketball

Kid-K

FunRun

SidewalkChalk

ArtContest

OldTimers

BaseballGame

Moviein thePark

LittleBuckaroo

Rodeo

AdultAnything

Goes

RichardBouchardMemorial

Run

YouthAnything

Goes

Boothsat thePark

Parade EatingContest Entertainment Youth

StompCandyDrop Fireworks

12. How would you improve Country Fair Days for next year?

Make the Lets make a deal shorter!! It should start at exactly 7 or 7:30 no matterwhat- if people aren't ready, they will miss out. Also, do not drag it on forever, it ison a work night and people need to get up early. If there is a judged event- thejudges should come from another City so no favoratism is given.

Shorten, combine activities or do them other times during the summer. Why dowe have to wait until south weber days to do activities?

Lower the price of the wristband for the dang blow up toys in the park; 10 bucks isridiculous. Also, get the word out for the carshow, I was glad there was one formy first year here. I hope the show grows more for next year.

Continue to use the online registration. I think some extra push for involvement inactivities... I wanted to play in the golf tournament, but because we only receivedone notice of it a month or two before, it came and went before I knew whathappened. The booths should be moved to the other side of the park where thereis more room. They are shoved into that little tiny space between the fence andthe playground and you can't even move with all the people that are in there.Move the bounce house people, put all the booths together and either down thesouth fence line, or on the western side of the park. You could attract even morevendors that way. It's all about what the vendor gets and how much room theyhave that will attract more.

I think all the volunteers put in AMAZING effort and time. My only suggestion isfor the Kids K. This was our 4th year doing it. I think only calling the names forthe top finishers and then doing a drawing for like 5-10 prizes and then justhaving a "grab-bag" of sorts for all the runners might work a little better. I feel ittakes way too long to call every runner's name. It seems the last couple years toothey get tired of calling names and when they say if your name hasn't been calledcome grab a prize, it gets too crazy with the kids running to the table to grabsomething. Other than that I think they do a wonderful job at it.

THANK YOU THANK YOU THANK YOU for turning off the lights in the churchparking lot during the fireworks. That was the only event we attended. We had afamily medical emergency that took up most of the week, so my survey is quiteincomplete for overall reponses. P.S. you give me no place to mark DID NOTPARTICIPATE and I didn't want to register for anything so How do I answer thatquestion?

Youth Anything Goes ran out of t-shirts. They were really fair and gave them awater bottle and only charged $1. My child was disappointed.

move the parade up to 10 am

It was a great week. I look forward to it every year for me and my family. We tryto participate in all that we can. The booths are so fun to go through, but there isNO ROOM! We have the whole park, not sure why we don't use the space. KidsK was great. Monday dinner and game is always fun and yummy. The Little Misswas just darling. I loved how it was outside. It was nice that there was a tent forus watching. The parade was good. Coke Wagon always was nice to havearound and had good prices. It would be nice to register online easier. Havemore space for the booths. Have the fireworks start at a good time. Have the golftournament not canceled at Riverside by an unknown source :). It would havebeen nice to not have Jr. Jazz games the week of SW days.. Tuesday gameswere canceled for the 3 on 3 and then Thursday game - well we had to pick(rodeo or game that we already spent $35 to play a handful of games)

combine days!! make it a three day event

more booths, more food vendors, more events during the week, moreentertainment during the week, more educational events that teach skills orvarious kinds, baseball, basketball, self defense, danc, etc. give the people a lotto choose from and to do

Improve the Kid-K Fun Run time keeping. It was okay but there may be a betterway instead of them all lining up at the finish line.

the booths suck there needs moore fun games and less swap meet

Home Arts section

Bigger Parade More Fireworks Why were the banners not put up this year?

Shorten Let's Make A Deal, Begin Old Timer's a little earlier, Do not let the bandplay the National Anthem like Eddie Van Halen, wrap the emergency fair in withthe regular booths some how, reduce number of age classifications in the 5K,promote earlier.

Total Responses 16

Text Response

Statistic Value

13. How do you prefer to be notified regarding community events such asCountry Fair Days?

1 City Website 3 9%

2 City Marquee 4 11%

3 City Newsletter 14 40%

4 Direct Mailer 8 23%

5 Other 6 17%

Total 35

all of the above. utilize the technology we have

e-mail

the first three are fine

I like the mailer and then the reminder on the marquee

Email

email

Min Value 1

Max Value 5

Mean 3.29

Variance 1.33


Total Responses 35


Other

Statistic Value

14. Would you be interested in assisting the city in organizing next year'sCountry Fair Days? If yes, please include your email address.

1 Yes 6 17%

2 No 29 83%

Total 35

[email protected]

[email protected]

[email protected]

Em Prep. Fair

Min Value 1

Max Value 2

Mean 1.83

Variance 0.15


Total Responses 35


Yes

Statistic Value

15. Why were you unable to participate in this year's events (either Country FairDays or the Emergency Preparedness Fair)?

1

Notinterestedin eventsoffered

9 21%

2 Weather 0 0%

3

Wanted toattend, buthad otherobligations

19 45%

4 Other 14 33%

Total 42

Min Value 1

Max Value 4

Mean 2.90

Variance 1.21


Total Responses 42


Statistic Value

16. In what region of the City do you live?

1East of2100East

15 25%

2

Between1250East and2100East

32 53%

3West of1250East

13 22%

Total 60

Min Value 1

Max Value 3

Mean 1.97

Variance 0.47


Total Responses 60


Statistic Value

17. Did you register online or in person?

1 Online 7 22%

2 In Person 16 50%

3

Tried toregisteronline, butwasunable tocomplete.Registeredin person.

9 28%

Total 32

Min Value 1

Max Value 3

Mean 2.06

Variance 0.51


Total Responses 32


Statistic Value

18. Did you particiapte in the Emergency Preparedness Fair?

1 Yes 13 24%

2 No 42 76%

Total 55

Min Value 1

Max Value 2

Mean 1.76

Variance 0.18


Total Responses 55


Statistic Value

19. What events did you participate in?

1 VisitedBooths 13 100%

2ListenedtoSpeaker

5 38%

Min Value 1

Max Value 2

Total Responses 13


Statistic Value

20. Did you like having the Emergency Preparedness Fair during Country FairDays?

1 Yes 12 92%

2 No 1 8%

Total 13

Min Value 1

Max Value 2

Mean 1.08

Variance 0.08


Total Responses 13


Statistic Value

21. What suggestions do you have for improving future EmergencyPreparedness Fairs?

create more of a draw for people to come over. A lot of time was spent on thebooths and not many people came over to them.

Deonstrations

Get more information out in the News Letter

more advertising, more speakers

Total Responses 4

Text Response

Statistic Value

22. Would you be interested in assisting the city in organizing nextyear's Emergency Preparedness Fair? If yes, please include your email address.

1 Yes 2 15%

2 No 11 85%

Total 13

[email protected]

Min Value 1

Max Value 2

Mean 1.85

Variance 0.14


Total Responses 13


Yes

Statistic Value


Date of City Council Meeting: 11 January 2011 Title: Discussion of Public Prayer Policy RECOMMENDATION Discuss the potential creation of a public meetings Prayer Policy. BACKGROUND Several recent Utah Supreme Court cases suggest that municipalities should adopt appropriate policies for public prayers offered in public meetings. Staff included significant information on this subject from the Utah League of Cities and Towns via a separate document within the council packet. Please review the document for all necessary information regarding this discussion. City staff will need direction from the Council on development of a policy regarding prayers during council meetings. CONCLUSION Staff will entertain the discussion on public prayer from the information provided from the Utah League of Cities and Towns. Creation of a city policy will assist the City in avoiding potential legal challenges on the use of prayer in public meetings.

Prayer in Public Meetings In recent times this has become a volatile issue in Utah. It has been the tradition in many, if not most, Utah cities and towns to have a ceremony at the start of council meetings that includes a prayer. This practice has come under criticism and challenge. The challenges usually involve the allegation that the prayer is either an impermissible establishment of religion by government and violates the constitutional requirement of separation of church and state. Needless to say this is very complicated law, not understood by most, and the issue can devolve into unseemly confrontations. This chapter is not going to resolve the issue or even educate the reader on the nuances of the law. It is intended to give a summary of the current state of the law in Utah and some advice, welcome or not. The United States Supreme Court has held that the practice of “legislative” prayer1 does not violate the federal constitutional prohibition on establishment of religion, but the issue does not end there. There is also the Utah Constitution to be considered. Because of the unique history of Utah, the Utah Constitution is more detailed and restrictive in the area of religion than the United States Constitution. In addition to language similar to the federal constitution that prohibits laws that establish religion or prohibit the free exercise thereof, the Utah Constitution provides that “[t]here shall be no union of church and state, nor shall any church dominate the state or interfere with its function. No public money or property shall be appropriated for or applied to any religious worship exercise or instruction or for the support of any ecclesiastical establishment.”2 It is the restriction on the use of public money and property for a religious exercise that causes a problem when it comes to prayer at council meetings.

In the case of Society of Separationists v. Whitehead3 the Utah Supreme Court reviewed whether Salt Lake City's practice of opening its city council meetings with prayer was consistent with the Utah Constitution. The court determined that prayer at council meetings was a religious exercise but still found the practice of having a prayer as part of an opening ceremony for a city council meeting as constitutional. In doing so, the court concluded that Article I, Section 4 of the Utah Constitution does not impose an absolute ban on government expenditure of public funds or use of public property in support of religion or religious institutions. Instead, a "neutrality" requirement was read into the "no public money or property" language of Article I, Section 4, and the court concluded the following:

The middle ground we adopt rests on the concept of governmental neutrality that underlies our constitution's religion and conscience clauses, which in this instance, means neutrality in the use of public money or property. When the state is neutral, any benefit flowing to religious worship, exercise, or instruction can fairly be characterized as indirect because the benefit flows to all those who

1 Marsh v. Chambers, 463 U.S. 783 (1983). 2 Article I, Section 4 of the Utah Constitution. 3 870 P.2d 916 (Utah 1993).

are beneficiaries of the use of government money or property, which may include, but is not limited to, those engaged in religious worship, exercise, or instruction.4

Having read the neutrality requirement into Article I, Section 4, the Utah Supreme Court then went on to establish the analytical elements of neutrality that must be present for a benefit to be found constitutionally indirect and therefore permissible.

Use of public money or property that benefits religious worship, exercise, or instruction or any ecclesiastical establishment qualifies as an indirect benefit and survives constitutional scrutiny only if (1) The money or property is provided on a nondiscriminatory basis and (2) The public money or property is equally accessible to all.5

In another case, the Utah Supreme Court determined that a municipality cannot deny a person the opportunity to participate in the opening ceremony based on the anticipated content of the prayer.6 In that case a city had an established policy and practice of opening its city council meetings with a prayer. An individual, Mr. Snyder, made a written request for information from the city regarding the guidelines or restrictions for giving the opening prayer. The city responded to him, through the city attorney, that "[t]he municipal council has not established formal policies regarding the nature and/or content of this reverence portion of their agenda. However, the council has established the policy that all council meetings will start with prayer." The city also explained that "[t]he purpose of the 'prayer' is to allow individuals the opportunity to express thoughts, leave blessings, etc. is not a time to express political views, attack city policies or practices, or mock city practices or policies."

By letter, Mr. Snyder requested that he be allowed to offer the opening prayer at the next available opportunity and enclosed a copy of his proposed prayer. The city informed him that "[t]he text of [his] proposed prayer [was] unacceptable" because it did not comport with "the guidelines set forth in the City Attorney's response” and stated that "[u]ntil your proposed prayer satisfies these guidelines, an invitation to participate in our opening ceremonies will not be forthcoming." The Utah Supreme Court found that it was unconstitutional for a city to deny the opportunity to pray if the denial was based on the proposed content of the prayer.

What these two cases mean in laymen’s terms is that a city or town that has prayer as a part of its opening ceremony must not favor particular religions or religion in general in scheduling presenters and must provide the opportunity to all that want to pray, speak, or emote. Even the nonreligious or the irreligious must be allowed the same opportunity to participate in the municipality’s opening ceremony of its council meetings. The city or town cannot edit the content of the presentation.

4 Society of Separationists, 870 P.2d 916, 937 (Utah 1993). 5 Society of Separationists, 870 P.2d 916, 938 (Utah 1993). 6 Snyder v. Murray City Corp. 72 P.3d 325 (Utah 2003).

Contrary to what some who challenge prayer may claim, the Utah Supreme Court cases do not prohibit a municipality’s agenda from having the word prayer or invocation on it or require all cities and towns to have formal a written policy and they do not prohibit members of councils from religious expression during meetings. They do require neutrality, nondiscrimination, and equal access to the right to present thoughts, readings, or prayers if the city or town has the practice of opening its meetings with prayer. It is permissible, when you know that a prayer is going to be said as part of the opening ceremony, to have the agenda reflect specifically that a prayer will be said. Likewise it would only be polite that, if the presenter was going to recite a poem or speech in lieu of the prayer, this be accurately reflected on the agenda.

Although the court cases do not specifically require the adoption of a formal written policy regarding this matter, such a policy may be the best way to insure that the law is complied with. The policy should attempt to make sure that the opportunity to participate in the council meeting opening ceremony is provided on a nondiscriminatory basis and is accessible to all.

If a city or town is committed to maintaining the ceremony of having prayer open council meetings the Salt Lake City policy that was upheld by the Utah Supreme Court is a good example of what a policy should contain.7 It is a good example not because it is the best or only possible policy, but because it is a policy that the Utah Supreme Court has already found to be constitutional. The resolution establishing the policy states in part the following:

The Salt Lake City Council has traditionally invited the presentation of thoughts, readings, and invocations, along with the Pledge of Allegiance to the Flag, as an Opening Ceremony before certain of its meetings. This opening to the City’s legislative process is solely for a secular purpose, among other reasons to: (1) provide a moment during which Council members and the audience reflect on the importance of the business before the Council; (2) promote an atmosphere of civility; (3) encourage lofty thought and high-mindedness; (4) recognize cultural diversity; (5) foster sensitivity for and recognize the uniqueness of all segments of our community. The presentations shall be done on a volunteer basis and without cost to the City. The presentations are intended to be nondenominational and non-proselytizing in character; however, the City will not dictate the form or content of any such presentation. It is the formal policy of the Salt City Council to seek out a wide variety of community organizations, churches, and individuals to offer thoughts, readings, and invocations at council meetings to achieve its stated purposes.

To carry out the policy, the resolution contained a written procedure to follow. This procedure include designating a city employee responsible to schedule the presentation of 7 It is my understanding that as of the date of this writing Salt Lake City no longer follows this same policy and now does not start its meeting with prayer.

thoughts, readings, and invocations, that if the scheduled presenter does not show up at the meeting, the employee is to ensure that no last minute substitution’s is made; that the City will mail a letter every six months to area churches and civic groups inviting them to contact the city employee to schedule a thought, reading, or invocation; that individuals who are not given this invitation are also welcome to present by giving the city a written request to do so; that the city council will be given a report every six months containing the names and affiliation of those who have made presentations; that an adopted “suggestion for presenters” outlining the city’s goals and objectives for the opening ceremony be given to each proposed presenter; and that the title of the matter on the agenda is changed to “Invocation, Reading, or Thought.”

Since the Utah Supreme Court has already approved Salt Lake City’s policy, an adopted policy that contains substantially the same elements will probably be upheld if challenged in court.

Many municipalities currently have the policy that only members of the council are allowed to give the prayer at the meetings. This is probably not a policy that satisfies the law. A member of a city council has the right to speak a prayer at anytime he or she has the floor, but this is not the same as the city or town having a formal invocation as part of the opening of a council meeting. If there is a formal opening that includes prayer, it will be considered by the courts as a religious exercise. The issues of equal access and nondiscrimination are satisfied by having a policy that only elected council members can pray. The city or town would also need to allow others who request to do so to participate.

The following are suggestions for cities and towns on this subject:

First, since this will always be a contentious issue in Utah, carefully decide whether prayer adds enough to your meetings to justify the effort. Council members should remember that no one is taking away their right to personal prayer. You can always retire to your closets and pray in secret if you need guidance.

Second, if you decide that prayer is an important part of the council meeting, then adopt a formal policy on how this will be carried out. While the policy does not necessarily have to be in writing, it always helps to do so. Review the policy every time a new council takes office as the policy may change as the make up and temperament of the council membership changes.

Third, allow your staff the time and resources to comply with your own policy. It is unfair to rely on your staff to see that the policy is complied with if you are not going to give the staff member sufficient time and support to carry out the policy in accordance with the law.

Fourth, provide for participation by the non-religious as well as the religious. The courts require not only equality of treatment among religious groups but also that you not discriminate against the non-religious and the irreligious. This may mean that at times

the opening ceremony of your meeting may contain presentations of thoughts, readings, or even diatribes in place of the prayer.

Fifth, at the meeting, do not ask for volunteers from your staff, the audience, or council members to offer the prayer. This can result in embarrassing situations for them and will not comply with the law.

Sixth, the agenda should reflect what is going to happen at the meeting. I believe in giving fair warning to the public of what to expect. If you know it is going to be a prayer, then it is proper to have it on the agenda as a prayer. If you know it is not going to be a prayer, then include what it is on the agenda. If you just want to have the same thing on every agenda for convenience sake, then use a generic term like “reverence,” “opening ceremony,” or “invocation/thought/reading.”

Finally, with regard to the dissenters among us, they may ask for an opportunity to present something in your opening ceremony. This may be required if you are going to allow prayer as part of your meeting. While the law may not require a response to these requests, good manners do. Respond with the information they request and be prepared to schedule their presentation.

Documents

SOUTH WEBER CITY COUNCIL AGENDA · Chapter 1 Water Use and ... GL Acct No Vendor Vendor Name Description Invoice No PO No Inv ... 5487 POST ASPHALT PAVING ASPHALT PAVING 2010-621