SOUTH WEBER CITY COUNCIL AGENDA

PUBLIC NOTICE is hereby given that the City Council of SOUTH WEBER, Davis County, Utah will meet in a SPECIAL public meeting TUESDAY, 03 JULY 2012 at the City Council Chambers,

1600 E South Weber Dr, South Weber, UT commencing at 5:30 p.m. ____________________________________________________________________________________________________

COUNCIL MEETING:

5:30 p.m. PLEDGE OF ALLEGIANCE – Councilmember Hilton PRAYER - Mayor Monroe 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 12 June 2012 City Council Meeting Minutes ♦ Purchase Order #2214 Wilkinson Supply $19,400 for Mower (Parks) ♦ Purchase Order #2215 Newgate Honda $8,000 for Four-Wheeler (Parks & Recreation)

5:35 p.m. BID AWARD – South Weber Drive Curb, Gutter, Sidewalk Project 5:40 p.m. AUTHORIZE MAYOR TO ENTER INTO STORM DRAIN AGREEMENT 5:50 p.m. COUNTRY FAIR DAYS FIREWORKS AND PROVISIONS OF EXECUTIVE ORDER #1-2012 6:00 p.m. NON SCHEDULED DELEGATION / PUBLIC COMMENT Keep public comments to 3 minutes or less per person MAYOR CITY COUNCIL ASSIGNMENT UPDATES & COMMENTS 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 EACH MEMBER OF GOVERNING BODY DAVIS COUNTY CLIPPER CITY WEBSITE www.southwebercity.com THOSE LISTED ON THE AGENDA STANDARD-EXAMINER

UT PUBLIC NOTICE WEBSITE www.pmn.utah.gov SOUTH WEBER ELEMENTARY SALT LAKE TRIBUNE SOUTH WEBER FAMILY ACTIVITY CENTER DESERET NEWS

DATE: July 2, 2012 CITY RECORDER: Erika J. Ahlstrom SUPPORTING DOCUMENTATION FOR AGENDA ITEMS ARE AVAILABLE FOR REVIEW AT www.southwebercity.com 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.

SOUTH WEBER CITY COUNCIL MEETING 1 2 DATE OF MEETING: 12 June 2012 TIME COMMENCED: 6:01 p.m. 3 4 PLEDGE OF ALLEGIANCE: Mayor Monroe 5 6 PRAYER: Councilmember Thomas 7 8 PRESENT: MAYOR: Jeff Monroe 9 10 COUNCILMEMBERS: Farrell Poll 11

Randy Hilton 12 Michael Poff 13

David Thomas 14 15 CITY MANAGER: Rodger Worthen 16 17 CITY RECORDER: Erika Ahlstrom 18 19 EXCUSED: COUNCILMEMBER: Sara Lusk 20 21 Transcriber: Minutes transcribed by Michelle Clark 22 23 24 5:30 p.m. REVIEW WARRANT REGISTERS & REVIEW AND DISCUSS AGENDA ITEMS (as time 25 permits) 26 27

28 VISITORS: Cheryl Strong, Emily Thomas, Gary Girres, Jesse Jacobson, and Jami Jones. 29 30 Mayor Monroe excused Councilmember Lusk from tonight’s meeting and welcomed a 31 member from Troop #733. 32 33 APPROVAL OF THE AGENDA: Councilmember Thomas moved to approve the agenda 34 as written. Councilmember Poll seconded the motion. Councilmembers Hilton, Poff, Poll, 35 and Thomas voted yes. The motion carried. 36 37 DECLARATION OF CONFLICT OF INTEREST: The City Council declared no conflict of 38 interest. 39 40 CONSENT AGENDA: 41

♦ Approval of 22 May 2012 City Council Meeting Minutes 42 43 Councilmember Thomas moved to approve the consent agenda. Councilmember Poll 44 seconded the motion. Councilmembers Hilton, Poff, Poll, and Thomas voted yes. The 45 motion carried. 46 47

South Weber City Council Meeting 12 June 2012 Page 2 of 8

Councilmember Thomas moved to open the public hearing for Resolution 12-13. 48 Councilmember Hilton seconded the motion. Councilmembers Hilton, Poff, Poll, and 49 Thomas voted yes. The motion carried. 50 51

* * * * * * * * * * PUBLIC HEARING * * * * * * * * * * 52 53 RESOLUTION 12-13: Adoption of 2012-2013 Fiscal Year Budget: Mayor Monroe asked if 54 there was any public comment. There was none. 55 56 Councilmember Thomas moved to close the public hearing for Resolution 12-13. 57 Councilmember Poll seconded the motion. Councilmembers Hilton, Poff, Poll, and 58 Thomas voted yes. The motion carried. 59 60

* * * * * * * * * * PUBLIC HEARING CLOSED * * * * * * * * * * 61 62 Councilmember Thomas stated the information that has been presented doesn’t support 63 contracting out maintenance for the city parks. 64 65 Councilmember Thomas moved to approve Resolution 12-13. Councilmember Poll 66 seconded the motion. Further discussion on the motion took place. 67 68 Councilmember Poff stated in the past the council has discussed frustration with the maintenance 69 of the city parks. He feels if the budget is approved as proposed, then the council is accepting 70 the standard of the parks. He also asked if the $25,000 budgeted for fire equipment is for the fire 71 truck. Jami stated the fire truck will come out of capital projects. Councilmember Poff 72 discussed the Country Fair Days budget. He asked when each department will receive their 73 budget? He stated the Adult Anything Goes chairperson has requested more money. He 74 requested increasing their budget by $300. 75 76 Councilmember Thomas moved to amend the motion to take the $500 from the dutch oven 77 and move it to Adult Anything Goes. Councilmember Poll seconded the amendment. 78 79 Erika called for the vote. Councilmembers Hilton, Poll, Lusk, and Thomas voted yes. 80 Councilmember Poff voted no. The motion carried 3 to 1. 81 82 RESOLUTION 12-14: Adoption of 2012-2013 Salary Administration Guidelines, 83 Position Pay Grade Schedule and Salary Schedule: 84 85 Councilmember Thomas moved to approve Resolution 12-14. Motion died due to lack of a 86 second. 87 88 Rodger Worthen, City Manager, stated this coincides with budget approval. He stated the city 89 does look at market salary surveys which reviews and compares salaries with other states and 90 cities. Councilmember Poff stated he has an issue with the way those things are handled. 91 Councilmember Poll feels it would be a good idea for the city to compare with the private sector 92 as well. Rodger stated sometimes it is difficult because job descriptions don’t always match up. 93 Councilmember Thomas stated for him it is whether or not we are going to take care of our 94

South Weber City Council Meeting 12 June 2012 Page 3 of 8

employees. Councilmember Hilton asked for clarification. Rodger explained it is the market 95 range of payment that the city is willing to pay employees. 96 97 Councilmember Thomas moved to approve Resolution 12-14. Councilmember Hilton 98 seconded the motion. Erika called for the vote. Councilmembers Hilton, Poll, and 99 Thomas voted yes. Councilmember Poff voted no. The motion carried 3 to 1. 100 101 Councilmember Thomas moved to open the public hearing for Resolution 12-15. 102 Councilmember Poll seconded the motion. Councilmembers Hilton, Poff, Poll, and 103 Thomas voted yes. The motion carried. 104 105

* * * * * * * * * * PUBLIC HEARING * * * * * * * * * * 106 107 RESOLUTION 12-15: Reopening and Amendment of 2011-2012 Fiscal Year Budget 108 109 Roger Worthen, City Manager, stated there are some adjustments that need to be made prior to 110 the end of the year. He stated it is suggested that the following transfers and amendments are 111 made to the Fiscal Year 2011-2012 Budget: 112 113 Increase Tax Revenue Budget by $21,265, from $1,060,000 to $1,081,265. 114 Increase License and Permit Revenue Budget by $48,000 from $98,000 to $146,000. 115 Decrease Charges for Services Revenue Budget by $1,100, from $23,300 to $22,200. 116 Decrease Fine & Forfeiture Revenue Budget by $25,000, from $165,000 to $140,000. 117 Increase Miscellaneous Revenue Budget by $12,500, from $14,500 to $27,000. 118 Increase Contributions and Transfer Revenue Budget by $300,150, from $4,380 to $304,530. 119 Decrease Legislative Expenditure Budget by $3,974, from $54,224 to $50,250. 120 Decrease Judicial Expenditure Budget by $6,014, from $157,744 to $151,730 121 Decrease Administrative Expenditure Budget by $25,454, from $473,501 to $448,047. 122 Increase Police Protection Expenditure Budget by $7,350, from $140,250 to $147,600. 123 Increase Fire Protection Expenditure Budget by $1,473, from $142,607 to $144,080. 124 Increase Building Inspection Expenditure Budget by $4,873, from $89,387 to $94,260. 125 Increase Streets Expenditure Budget by $9,189, from $154,506 to $163,695. 126 Decrease Parks Expenditure Budget by $503, from $95,372 to $95,875. 127 Decrease Class “C” Roads Expenditure Budget by $7,670, from $178,855 to $171,185. 128 Decrease Transfer to Recreation Fund by $31,370, from $51,370 to $20,000. 129 Increase Transfer to Capital Projects Fund by $396,759, from $9,714 to $406,473. 130 Increase Transfer to Country Fair Days Fund by $10,000, from $0 to $10,000. 131 132 Total General Fund Revenues = $1,907,195. 133 Total General Fund Expenditures = $1,907,195. 134 135 Mayor Monroe asked if there was any public comment. There was none. 136 137 Councilmember Thomas moved to close the public hearing for Resolution 12-15. 138 Councilmember Poll seconded the motion. Councilmembers Hilton, Poff, Poll, and 139 Thomas voted yes. The motion carried. 140 141

* * * * * * * * * * PUBLIC HEARING CLOSED * * * * * * * * * * 142 143

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Councilmember Thomas moved to approve Resolution 12-15. Councilmember Poll 144 seconded the motion. Erika called for the vote. Councilmembers Hilton, Poff, Poll, and 145 Thomas voted yes. The motion carried. 146 147 RESOLUTION 12-12: Adoption of Consolidated Fee Schedule: 148 149 SUMMARY OF CHANGES TO FEE SCHEDULE 150 151 CHAPTER 1: ADMINISTRATIVE CHARGES 152 153 6. “Keys” deleted. Most employees do not have keys as there are coded entries on our buildings. 154 Employees won’t be charged for re-keying due to lost keys. Lost keys for Civic Center are 155 addressed under the rental deposit. 156 9. City Code Book: Deleted the cost with binder. A binder from Sterling is a five-ring binder 157 specially made for the code and costs $45, but the pages will fit in a regular three-ring binder. 158 (Codes are available online.) 159 15. Request for Special Mtg: Resolution number was incorrect for the most current change in this 160 fee. 161 16. Use of City Chambers: City hall should not be rentable as we have the Civic Center and the 162 FAC. If someone were to rent City hall, a staff member would have to be in the building. 163 * Added that any information that is on the website can also be provided on CD for a fee. 164 165 CHAPTER 2: ANIMAL CONTROL 166 These fees are set by Davis County. Rather than listing the fees, they have been added as an 167 appendix. 168 169 CHAPTER 6: BUSINESS LICENSES 170 Fees have been clarified as specific fee PLUS fire inspection fee if applicable. (There have been 171 instances when the fire inspection fee has been paid and had to be refunded; this will eliminate 172 this oversight in the future.) 173 174 CHAPTER 7: CIVIC CENTER 175 4. Deposit Policy: Clarification of what circumstance would warrant not refunding the deposit 176 (lost key or damage to facility). 177 CHAPTER 8: COMMUNITY SPONSOR 178 Platinum and Gold Supporters: Deleted “for one year “ from “Recognition on South Weber 179 City’s website””; this will be a one‐time recognition along with all other sponsors. 180 * Added that donor is responsible to supply their own banner to be displayed in the FAC. 181 182 CHAPTER 12: FAMILY ACTIVITY CENTER 183 2. C. Rental of Gymnasium – Increased rental fee for non-residents from $30 to $35 per hour; 184 this brings us more in line with fees charged by surrounding communities. 185 186 CHAPTER 13: GARBAGE COLLECTION FEES 187 4. Deposit DELETED: No longer require a deposit. 188 189 CHAPTER 14: IMPACT FEES 190

South Weber City Council Meeting 12 June 2012 Page 5 of 8

7. Water (Impact/Connection) - Reference to “connection fee” deleted. Impact fee and 191 connection fee should be separate fees. See Chapter 21 for recommendation for connection fee. 192 8. Central Weber Sewer – this fee may be increased by CWSID, therefore a notation was added 193 “*Any increase in Central Weber Sewer District’s impact fee will be passed on to the consumer, 194 with such increase to go into effect at the time Central Weber Sewer makes the increase 195 effective.” 196 197 CHAPTER 15: PARK FEES 198 F. Ball Diamond – clarified at which parks ball diamonds are located. 199 H. Canyon Meadows Concession Stand fees added. No permit is needed from the Health Dept to 200 sell commercially packaged goods. Anyone selling non-packaged goods will be doing so under 201 the City’s permit. 202 203 CHAPTER 17: RECREATION FEES 204 B. Soccer – Changed fees from flat fee of $35 to $30 without shirt and $40 with shirt. Deleted 205 notation “includes fall & spring”; fee is charged for each season. 206 K. Breakfast w/Santa – clarified number per family as up to 5 individuals 207 O. WFFL Football – increased equipment deposit from $100 to $150 to cover actual cost of 208 equipment replacement. 209 Q. Miscellaneous Events: As determined by Recreation Director. Added to cover for one-time 210 events not listed in the schedule (i.e., Daddy Daughter) 211 212 CHAPTER 18: RENTAL OF COUNTRY FAIR DAYS EQUIPMENT 213 “Country Fair Days equipment shall not be rented out.” DELETED WHOLE SECTION: Staff 214 recommends that no CFD equipment be rented out. Grill has been rented out a few times. 215 216 CHAPTER 19: RETURNED CHECK FEES 217 Electronic Fund Transfer payments added for fee in the event of insufficient funds. 218 219 CHAPTER 20: SEWER FEES 220 1. Sanitary Sewer Fees – Increase of $2.00 for residential and 7% across the board (business, 221 church, etc) passed on to consumers for increase in the fees the City pays to Central Weber 222 Sewer District. 223 3. Deposit DELETED: No longer require a deposit. 224 225 CHAPTER 21: WATER FEES 226 1. Impact Fee/Connection Fee: Impact fee should not be combined with connection fee. 227 Connection fee of cost of meter ($240 for basic meter) plus $25 install/admin cost recommended. 228 2. A. Water Rates – Notation added: “The Base Rate as well as all Overage Rates shall be 229 adjusted for inflation on July 1 of each year based on the most recent 6 month average 230 Municipal Cost Index, with the first increase to take effect July 1,2012. (RES 10-27; 13 Jul 231 2010) 232 B. Late Fee – added clarification to reflect current City code and practice: “(in the event the 233 18th falls on a Saturday, Sunday, or Holiday the late fee will be added if the bill is not paid by 234 close of business on the next day of business.)” 235 C. Shut-off Fee for Non-Payment: Increased fee from $25 to $50 to cover staffing/admin costs of 236 shutting water off and turning back on. Increase fee to $100 for 3rd or more occurrence to 237 encourage reduction of recurring shut-offs. 238

South Weber City Council Meeting 12 June 2012 Page 6 of 8

DELETED “If after hours service requested by City Manager or Mayor $40 charge added to 239 bill”. 240 D. “Deposit” DELETED. No longer require deposit 241 New item D. Tamper Fee – added to discourage residents from turning their own meters back on 242 or contractors using “jumpers” for construction water. This is a recurring problem. 243 City Code states this is a class B misdemeanor, however the deputies often choose at their own 244 discretion to give a “warning” rather than a citation. This will allow the city to charge a fee for 245 the first offense. 246 E. ADDED: Fire Hydrant Meter - $25 rental fee (to cover wear and tear) and $500 deposit to 247 cover replacement if not returned or returned broken 248 249 CHAPTER 22: UTILITY BILLING 250 2. Deposit DELETED: No longer require a deposit. 251 252 CHAPTER 23: ZONING/ORDINANCES 253 1. Application fee increased from $225 to $300 to cover cost of public notices and administrative 254 costs. 255 2. Fee for amending map increased from $125 to $180 based on actual cost charged for maps to 256 be changed by Jones & Associates. Would only be charged if rezone is approved. 257 258 Councilmember Poff moved to approve Resolution 12-12 with the deletion of Chapter 15 259 section H3, Chapter 21 section C keeping the disconnect fee the same, and Chapter 21 260 section 2A removing the overage rate. Further discussion on the motion took place. 261 262 Jamie explained the need for increasing the shut off fee from $25 to $50. She stated the city 263 needs to cover the staffing/admin costs to turn the water off and on. She stated there seems to be 264 a pattern with repeat offenders. 265 266 Councilmember Thomas seconded the motion. 267 268 Councilmember Thomas substitute motion to approve Resolution 12-12 by removing 269 Chapter 21 and 2A removing the overage. The substitute motion died due to lack of a 270 second. 271 272 Erika called for the vote on original motion. Councilmembers Poff and Thomas voted yes. 273 Councilmembers Poll and Hilton voted no. Mayor Monroe voted no. The motion died 3 to 274 2. 275 276 Councilmember Poll moved to approve Resolution 12-12 with the deletion of Chapter 15 277 section H3. Councilmember Hilton seconded. Erika called for the vote. Councilmember 278 Thomas, Hilton, Poll voted yes. Councilmember Poff voted no. The motion carried 3 to1. 279 280 6:35 p.m. RESOLUTION 12-16: Adoption of Emergency Management Multi-Year 281 Training & Exercise Plan: Mayor Monroe thanked Emily Thomas for all her work on this 282 item. 283 284

South Weber City Council Meeting 12 June 2012 Page 7 of 8

Councilmember Thomas moved to approve Resolution 12-16. Councilmember Poll 285 seconded the motion. Erika called for the vote. Councilmembers Hilton, Poff, Poll, and 286 Thomas voted yes. The motion carried. 287 288 MAYOR’S ITEMS: 289 290 FEMA Training: Mayor Monroe and Rodger will be attending FEMA Training next 291 week. 292 293 CITY COUNCIL ITEMS: 294 295 Councilmember Poll: 296 297 Staker and Parson Companies: Councilmember Poll has not seen any sprinklers turned 298 on the gravel pit this year. He voiced his frustration with the dust problem. He feels there is a 299 major problem with their operations. He stated his property is being destroyed by the blowing 300 sand. He has several neighbors that have complained as well. Councilmember Poff stated 301 Staker Parsons is not in compliance with their agreement. Councilmember Poll feels that 302 someone needs to take a serious look at this. He feels they are hurrying as fast as they can 303 because they know it is going to get worse when the charter school opens. Rodger asked the 304 council if they would like a letter to be drafted to them. Councilmember Poff stated he is 305 concerned because there is more than five acres exposed. Mayor Monroe suggested Rodger draft 306 a letter. 307 308 Councilmember Poff: 309 310 Movie in the Park: The movie, Raiders of the Lost Ark, will be shown on 13 June 2012 311 at Central Park. 312 313 CITY MANAGER ITEMS: 314 315 Staker and Parson Companies: Rodger explained Parsons is working on a big project 316 in Uintah with Geneva. The trucks will be using South Weber Drive for hauling. 317 318 ADJOURNED: Councilmember Thomas moved to adjourn the City Council meeting at 319 7:19 p.m. Councilmember Poll seconded the motion. Councilmembers Hilton, Poff, Poll, 320 and Thomas voted yes. The motion carried. 321 322 323 APPROVED: ______________________________ Date 324 Mayor: Jeff Monroe 325 326 ______________________________ 327 Transcriber: Michelle Clark 328 329 330 ______________________________ 331 Attest: City Recorder: Erika Ahlstrom 332

South Weber City Council Meeting 12 June 2012 Page 8 of 8

JUNE 12, 2012 333 WORK/DISCUSSION MEETING PRIOR TO CITY COUNCIL 334

335 Those in attendance to the work session were: Mayor Jeff Monroe, Councilmembers Randy Hilton, 336 Michael Poff, Farrell Poll, Dave Thomas, City Manager Rodger Worthen, City Recorder Erika Ahlstrom, 337 Treasurer Jami Jones, Deputy Recorder Emily Thomas. 338 339 Excused: Councilmember Sara Lusk. 340 341 Visitors: Lt. Mark Chatlin. 342 343 Councilmember Poff moved and Councilmember Hilton seconded motion to go into work meeting. 344 Work meeting commenced at 5:37 p.m. 345 346 Davis Metro Narcotics Strike Force, Lt. Mark Chatlin: Mayor Monroe had asked Lt. Chatlin to come 347 address the City Council’s concerns regarding the increase in the fee. Lt. Chatlin introduced himself as 348 the Commander for the Metro Narcotics Task Force, which serves cities throughout Davis county and 349 surrounding areas. Lt. Chatlin said it is a multijurisdictional task force consisting of officers from several 350 different cities throughout the county. The Force controls distribution of illicit and prescription drugs. Lt. 351 Chatlin explained the history of the assessment fee issue. The Council of Government (COG) asked them 352 to give a presentation to them on how they are funded and how they operate. There was discussion 353 regarding equality between cities that provide manpower and cities paying assessment fees. The COG 354 generated a subcommittee to look at this issue. The subcommittee asked: what is the optimal number of 355 officers to have; what would assessment fee have to increase to if lost grant ($400K funding -some 356 federal and some state); if increase of 25 cents per year (for five years). 357 358 Lt. Chatlin explained the Task Force board consists of police chiefs, sheriff and county attorney’s office 359 representatives. They provided the COG with answers to their questions. Lt. Chatlin said nobody (in the 360 COG) wanted to pull out of the task force, but none of the mayors wanted to increase over a five year 361 period. They voted in favor of a one-time increase based on population. Lt. Chatlin provided a handout 362 that listed how they came up with the current fee, based on 2010 population at 50 cents per population. 363 He explained that the increase in revenue will cover the fuel and maintenance costs for all of the task 364 force vehicles. Lt. Chatlin said the main thing he wanted to state is that the task force wasn’t looking for 365 a raise; the questions were presented to them to come up with an answer. He also provided information 366 with statistics on cases per juriscition. Lt. Chatlin said that it the crime is not always where the suspects 367 resides, and this issue crosses all boundaries. 368 369 The current fee is $2,250; the adjustment would increase the fee to $4,538. 370 371 Councilmember Poff said his is just another fee increase, and we contract with the sheriff to provide part 372 of this service. He said he doesn’t see it as warranted as an expense. Lt. Chatlin clarified that the Task 373 Force and the Sheriff’s Dept. are two different entitites. 374 375 Councilmember Thomas said he feels that $4,500 for even one narcotics case isn’t that much. 376 377 Work meeting adjourned at 5:59 p.m. Work meeting minutes by Erika Ahlstrom. 378 379 380 381 382 383

SOUTH WEBER CITY COUNCIL Staff Backup Report

Date of City Council Meeting: 03 July 2012 Title: Bid Award for Construction of Curb & Gutter on SR-60 (South Weber Drive) RECOMMENDATION On May 22, the City Council authorized City staff to move forward with the planning, bid work, and construction of 800 feet of curb & gutter/storm pipe along South Weber Drive from the City’s Public Works entrance westward to the City Well House prior to the UDOT street overlay work. Staff recommends awarding the bid for the construction to Marsh Construction. BACKGROUND In August, UDOT is preparing to overlay a small portion of South Weber Drive from 2050 East to 1600 East on South Weber Drive. Working together with UDOT the City desires to improve a section of the roadway in this area by installing 800 feet of new curb. The new curb & gutter would be installed on the south side of SR-60, (see attached drawing). UDOT will then install the new road base and asphalt up to the new curb thus completing the paving of this road-way in the City. By installing the curb & gutter at this time the City will realize significant cost savings in construction of the new curb and allow for the road to be finished on each side. UDOT will not install curb as part of overlay projects. Through this collaborative effort, the UDOT and the City will improve storm water control via the new curb and storm drain pipe for existing homes along South Weber Drive. There will also be a significant safety enhancement on South Weber Drive by the elimination of the “cut-thru” road south of the City’s pump house. UDOT is pleased this access point will be eliminated by completion of this joint effort. In the future, the project will enhance the City’s grant application and ability to install safety sidewalk through UDOT’s safe sidewalk grant program. This project will be funded from remaining B & C road funds allocated to the 8200 south project in the 2011-12 budget. Cost of the project is estimated by the City engineer to be approximately $61,300 (including a small contingency amount) and will be informally bid through local construction contractors. CONCLUSION Award bid to Marsh Construction for construction of the SR-60 curb & gutter project. Attachments: Cost Estimate

Bid Tablulation (forthcoming) Project Area

___________________________________________________________

South Weber City Corporation

Item Description Quantity Unit Unit Price Total Amount

-- STREET --

1 Remove and dispose of vegetation as necessary to install the new

curb, gutter and sidewalk (includes removal of trees smaller than 3"

diameter, bushes, grass, weeds, etc.)

1 L.S. $3,000.00 $3,000.00

2 Remove and dispose of 30" concrete curb and gutter 75 l.f. $7.00 $525.00

3 Remove and dispose of asphalt (2" - 6" depth) 15 s.y. $10.00 $150.00

4 Sawcut asphalt (2" - 6" depth) 50 l.f. $3.00 $150.00

5 Remove and dispose of concrete flatwork 200 s.f. $3.50 $700.00

6 Relocate existing mailbox to parkstrip 9 ea. $150.00 $1,350.00

7 Relocate existing street sign to parkstrip 1 ea. $225.00 $225.00

8 Furnish and install 30" UDOT type B1 curb and gutter (includes 4"

untreated base course)

800 l.f. $18.00 $14,400.00

9 Furnish and install 6" thick concrete drive approach. Includes 4" thick

untreated base course.

440 s.f. $5.50 $2,420.00

10 Furnish and install 8" thick concrete drive approach. Includes 4" thick

untreated base course.

370 s.f. $7.00 $2,590.00

11 Furnish and install 3" thick asphalt driveway. Includes 4" thick

untreated base course.

50 s.y. $41.00 $2,050.00

12 Install untreated base course behind new sidewalk to match grade of

new drive approach (includes grading and compaction)

80 ton $18.00 $1,440.00

13 Furnish and install UDOT asphalt patch (18" granular borrow, 8"

untreated base course, and 6" Hot Mix Asphalt)

40 s.y. $90.00 $3,600.00

Street Subtotal = $32,600.00

-- STORM DRAIN --

14 Remove and dispose of 8" concrete storm drain piping. 16 l.f. $45.00 $720.00

15 Remove and dispose of 12" concrete storm drain piping. 80 l.f. $25.00 $2,000.00

16 Furnish and install 12" RCP ASTM C-76 cl-III. Includes bedding

material, imported backfill and compaction.

320 l.f. $36.00 $11,520.00

17 Furnish and install 8" DIP cl-50. Includes bedding material, imported

backfill and compaction.

16 l.f. $60.00 $960.00

18 Furnish and install UDOT catch basin. Includes connection of pipes to

catch basin. Does not include curb and gutter through catch basin

structure.

2 ea. $2,000.00 $4,000.00

19 Connect new piping to existing catch basin structure. 2 ea. $800.00 $1,600.00

20 Excavation of material for placement of UDOT pavement section.

Excavated materials to be hauled to a site designated by the City (less

than 2 miles).

100 c.y. $22.00 $2,200.00

Storm Drain Subtotal = $23,000.00

PROJECT SUBTOTAL = $55,600.00

10% Contingency = $5,560.00

PROJECT TOTAL = $61,160.00

Budgetary Estimate

Date: May 11, 2012

2012 SR-60 Curb & Gutter Project - SR-60 from 1600 East to 1720 East

________________________________________ JONES AND ASSOCIATES CONSULTING ENGINEERS

Information Paper RE: Agreement and Grant of Storm Drain Easement between South Weber City and Mark C. Fernelius (Grantor).

• Reference “Draft” Agreement and Grant of Easement document, paragraph 11, Additional Consideration. ‘South Weber agrees to convey to Grantor Davis County land parcel #13-036-0034 consisting of 0.15 acres of surplus City property as described in Exhibit #3.

• History o Parcel #13-036-0034 is a triangular shaped property consisting of 6,590

square feet. o Utility easement for storm sewer to be granted to South City consists of

7,063 square feet, a larger parcel than surplus property #13-036-0034. o Parcel #13-036-0034 was conveyed to South Weber City by the property

owner and developer of Peachwood subdivision, Norman Fowles for the express use as a holding pond for the subdivision.

o The holding pond area, parcel #13-036-0034 was woefully inadequate from the beginning and obviously not engineered and built to serve as a retention basin. It was basically a large hole covering less than the .15 acres with banks and bottom consisting entirely of sand. Additionally the “holding pond” besides being built on the bench area and historic shoreline of the old Great Salt Lake tributary was over 35 feet above the existing base ground level of the valley and agricultural property below (basic level of Charter School).

o The replacement and current holding pond for the Peachwood subdivision (west of Charter School) consists of one acre of property to handle the same storm runoff as the old pond on parcel #13-036-0034 that contained .15 acres.

o During the first 10-15 years of operation of the holding pond on parcel #13-036-0034 there were at least five or six occasions where due to heavy rains the pond overflowed and failed washing out the bank and cutting a thirty foot deep ravine into the hillside and depositing hundreds of yards of mostly sand onto the farmland below.

o The bottom property had large areas of topsoil that were covered in up to three feet of sand from the hillside above. In addition the Grantor was attempting a reclamation project on the hillside mostly through the planting of seedling trees. The Grantor had purchased an average of five hundred seedling trees each year and several hundred had been planted on the hillside destroyed by the pond washout. Even though the Mayor at the time was contacted about the loss no compensation was ever made.

o Each time the pond failed more and more sand was deposited on the property below. Several times the Bambrough irrigation ditch which delivered water as far as the old Fort Lane was filled full of sand over a length of several hundred feet. At that time the ditch was approximately six feet deep and eight feet across.

o The City brought a backhoe after one of the wash outs to clean up. However it really made no sense to haul the sand back up onto the upper bench just to have it wash back down to the bottom land.

o In 2001 the Grantor in an effort to reclaim the land with good topsoil now buried by several feel of sand purchased a front end loader. Since there wasn’t a good location on the property to place that much sand it was decided to put the sand on the property line between the Grantor property and Savage property. The Grantor contacted one of the original founders of the Savage company, Neil Savage to obtain permission to berm up the property line in order to remove the sandy material that was covering the good top soil. The genesis of the berm.

o The Grantor spend hundreds of hours operating a front end loader removing the sand that had washed from parcel #13-036-0034 and surrounding areas down to the land below and terracing the hillside. All of the sand was placed in the berm. No compensation was received by the Grantor for the expensive and very time consuming clean up that was required and in no way due to the fault of the Grantor.

o Once the new holding pond was built (west of the new Charter School), according to the developer of Peachwood, Norman Fowles, the City approached him wanting to give the parcel used for pond #13-036-0034 back to him since it was no longer needed. Mr. Fowles reported that he declined since he had no use for it and didn’t want to pay taxes on it.

• Current Proposal o The Grantor of the easement believes that the City should be willing to

trade the easement over 7,063 square feet of property for an isolated “surplus” parcel of land #13-036-0034 containing 6,590 square feet.

o The Grantor subscribes to conventional wisdom that once an easement and right of way for the installation, maintenance, inspection, repair or replacement of a storm drain system is granted, that property is for all intents and purposes lost forever and can never be utilized for anything but a right of way.

o When the regular sewer system was constructed over the same property a similar but smaller easement was granted by the property owners at the time with no consideration for the easement given.

o Parcel #13-036-0034 is an isolated parcel too small to develop and generally of no value unless attached to surrounding properties. The Grantor does own the lot next to the parcel but is not now or in the future interested in combining properties. The lot next to parcel #13-036-0034 will most likely be sold in the next few years. The parcel of .15 acres

needs to be maintained by the Grantor and not sold since it is needed to keep Greenbelt status intact.

o Finally, the Grantor’s neighbor to the east, Gary Girres would like to build a garage next to his house but does not own enough acreage. Adding .15 to the Grantor’s Greenbelt footprint would allow the selling of .15 acres to Mr. Girres. The Grantor could still maintain Greenbelt status while Mr. Girres would qualify to build the structure he desires.

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-DRAFT DOCUMENT ONLY-

AGREEMENT AND GRANT OF STORM DRAIN EASEMENT

This AGREEMENT AND GRANT OF EASEMENT made this __ day of _______,

2012, by and between South Weber City, a municipality organized and existing under the laws of

the State of Utah, its assigns and the following individual(s), hereinafter referred to as

Grantor(s): FERNELIUS, MARK. C.and JULIE C.

RECITALS:

WHEREAS, South Weber City is in the process of developing and constructing a storm

drain system to serve the residents of South Weber City; and

WHEREAS, construction of the storm drain system necessarily requires pipes being

placed through various parcels of land within South Weber City; and

WHEREAS, Grantors own a parcel of land through which South Weber City’s proposed

storm drain system will be constructed; and

WHEREAS, Grantors represent they are the owners of the parcel(s) of land referred to

and herein located in Davis County, Utah, and further described on Exhibit “1” hereto, and that

Grantors are empowered to enter into this agreement; and

WHEREAS, Grantors consent to South Weber City’s storm drain system pipeline

crossing their property and agree to grant South Weber City a storm drain utility easement to

facilitate the crossing of Grantors’ property to construct and maintain the storm drain system

pipeline under the terms and conditions set forth herein;

NOW, THEREFORE, in consideration of the mutual promises and covenants herein

contained and other good and valuable consideration, the parties agree as follows:

1. Grant of Permanent Easement. Subject to the terms and conditions of this

agreement, Grantors hereby brand and convey to South Weber City a 30-foot permanent utility

easement for the installation, maintenance, inspection, repair or replacement of a storm drain

system pipeline through Grantors’ property. A general description of Grantors’ property(s)

through which the easement shall run is contained in Exhibit “1” attached hereto. The centerline

of the permanent easement along the course of the storm drain pipeline is described in the

attached Exhibit “2”.

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2. Grant of Temporary Construction Easement. Subject to the terms and

conditions of this agreement, Grantors also hereby grant and convey to South Weber City a 35-

foot wide temporary construction easement to allow South Weber City (or the City’s Designee)

to install the storm drain pipeline through Grantors’ property. The temporary construction

easement shall overlap the permanent easement and extend an additional 15.0 feet to the side of

the permanent easement as shown on Exhibit “2” and run the entire length of the permanent

easement as it crosses Grantors’ property. The temporary construction easement shall terminate

upon completion of the original construction without the requirement of a recordable release.

3. Immediate Occupancy. Grantors hereby grant South Weber City immediate

occupancy of the easement to begin construction of the storm drain pipeline.

4. Temporary Access. Grantors agree to allow South Weber City temporary access

from the nearest public roadway to the easement, provided travel across Grantors’ property will

not permanently or unreasonably damage Grantors’ property.

5. Clearing and Grubbing. Grantors agree to allow South Weber City to clear the

35-foot temporary construction easement. It is agreed that trees, tree stumps, roots, vegetation

and other debris will be removed from the property by South Weber City. South Weber City

agrees to responsible to dispose of all trees, stumps, roots, and other debris removed from the

Grantors’ land unless Grantors’ elect in writing to remove the debris themselves.

6. No Permanent Structure. Grantors agree not to place any permanent structure

on the 30-foot permanent easement described herein and agree that South Weber City shall be

allowed to keep the easement clear of any trees and shrubs. It is agreed that South Weber City is

not required to keep the easement clear of trees after installation but may do so if it chooses if

said trees impact use of the storm drain pipeline or appurtenances. Furthermore, South Weber

City will not compensate Grantors for any removal of trees and shrubs within the easement with

maintenance, repair, and replacement of storm drain pipeline.

7. Fencing and Livestock. South Weber City agrees to be responsible for

temporary fencing and for restoration of existing permanent fences damaged on Grantors’

property during construction. Grantors agree to control all livestock during construction of the

storm drain pipeline system. Furthermore, Grantors agree to be responsible for any permanent

fencing and control of livestock after construction is complete.

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8. Ground Restoration. Upon completion of construction of the storm drain

pipeline, South Weber City shall backfill any trench and grade out the disturbed easement areas

and return the area to the condition existing prior to construction, subject to the provisions of

paragraph 6. South Weber City shall be responsible for a one year period after completion of the

pipeline for any soil settlement within the trench and restore the trench area to a grade consistent

with the existing surroundings.

9. Post Construction Maintenance. After construction and in the event of repair,

maintenance, or replacement is needed on the storm drain pipeline system, South Weber City

agrees to reasonable restoration of fences and the disturbed land to the condition prior to the

required repair, maintenance, or replacement work.

10. Consideration. As consideration for the granting of the easement described

herein, in the event Grantors elect to subdivide, build, or otherwise develop their property

described in the attached Exhibit “1” at any time within ten (10) years of the date of this

agreement, South Weber City agrees to waive connection charges associated with developing the

property and connecting property to the storm drain pipeline system. Grantors will be

responsible for paying expenses, costs, and fees (whether in the form of construction costs, or

infrastructure related expenses) incurred or associated with connecting to the storm drain system,

the connection charge only being waived. This waiver shall not be construed to waive any of the

applicable regulations, codes, laws, or ordinances associated with the building or developing of

property in South Weber City.

11. Additional Consideration. As additional consideration, for the granting of the

storm drain easement described herein, South Weber City agrees to convey to Grantor the Davis

County land parcel #13-036-0034 consisting of .015 acres of surplus City property as described

in Exhibit #3. This surplus property shall be transferred via quit claim deed to Grantors upon

approval and execution of this instrument.

IN WITNESS WHEREOF, the parties have duly executed this Agreement and Grant of

Easement the day and year written above.

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SOUTH WEBER CITY

By: ______________________________________

Mayor

GRANTORS:

__________________________________________

__________________________________________

STATE OF UTAH

COUNTY OF DAVIS

On the____ day of_______, 2012, personally appeared before me Jeff Monroe, who

being sworn by me did say that he is the Mayor of South Weber City, and acknowledged before

me that he executed the foregoing on behalf of South Weber City.

__________________________________________

Notary Public

STATE OF UTAH

COUNTY OF DAVIS

On the ______ day of __________, 2012 personally appeared before me Mark C. & Julie

C. Fernelius, the signer(s) of the above instrument, who duly acknowledge to me that they

executed the same.

________________________________________________

Notary Public

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EXHIBIT # “1”

MARK C. & JULIE C. FERNELIUS properties

Davis County Parcel #13-0034-0018

BEG AT A PT 30 FT N FR THE SW COR OF SE 1/4 OF NE 1/4 OF SEC 35-T5N-R1W

SLM; TH E 798.4 FT M/L; NW'LY 233.68 FT; TH W 722.04 FT; TH S 226.4 FT M/L TO POB.

CONT. 3.95 ACRES.

Davis County Parcel #13-0034-0023

PART OF THE NE 1/4 OF SEC 35-T5N-R1W SLM; BEG AT THE SW COR OF THE

SE 1/4 OF SD NE 1/4 OF SEC 35; & RUN TH N 30 FT; TH E & PARALLEL TO THE S LINE

OF SD NE 1/4 370 FT M/L; TH S 30 FT TO THE S LINE OF SD NE 1/4; TH W ALG SD 1/4

LINE 370 FT TO THE POB. CONT. 0.255 ACRES.

EXHIBIT #2

Storm Drain Easement Description

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FORTHCOMING

(Attached drawing from Hansen & Associates Mark C. Fernelius property)

EXHIBIT # “3”

Davis County Parcel #13-036-0034

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BEG AT A PT S 89^53'29"E 1414.61 FT ALG THE 1/4 SEC LINE FR THE NW COR

OF THE SE1/4 OF SEC 35, T5N-R1W; SLM: RUN TH S 89^53'29"E 147.08 FT TO A PT ON

A 370 FT RAD CURVE TO THE RIGHT; TH 131.03 FT ALG THE ARC OF SD CURVE

THROUGH A CENTRAL ANGLE OF 20^17'23" (L.C.BEARS S 50^41'36"W 130.34 FT) TH

N 29^09'43"W 94.87 FT TO THE POB. CONT. 0.151 ACRES

CITY OF SOUTH WEBER, DAVIS COUNTY, UTAH THE OFFICE OF THE MAYOR

EXECUTIVE ORDER #1-2012 AN ORDER ESTABLISHING

AERIAL FIREWORK RESTRICTIONS & FIREWORK BAN AREA

WHEREAS, South Weber City recognizes the importance of public safety and protection of public and private property throughout the City; and

WHEREAS, various areas within the boundaries of South Weber City have been determined to be located within the Wild Land Interface area and other areas determined to be of high-risk for fire by South Weber City Fire Chief Thomas Graydon; and

WHEREAS, South Weber City recognizes the potential threat to life safety, property, and the environment if members of the community are permitted to light fireworks in these high­risk and Wild Land Interface areas;

BE IT THEREFORE RESOLVED, in order to protect life, property, and the environment, the areas identified as being within the Wild Land Interface area shall be prohibited from lighting aerial fireworks and the area identified as both high-risk and within the Wild Land Interface shall be prohibited from lighting any type of firework (see exhibit A, location map);

NOW, THEREFORE, I, South Weber City Mayor Jeffrey G. Monroe, by virtue of the authority vested in me by the Constitution and laws of the State of Utah do hereby order as follows:

I. Purpose 1. Restrict aerial fireworks for the areas identified in Exhibit A, Location Map 2. Prohibit fireworks for the area identified in Exhibit A, Location Map

II. Duration This Executive Order shall become effective upon its signing and shall remain in full

force and effect until August 1,2012 or until amended or rescinded by further executive action.

IN WITNESS THEREOF, I have set my hand and caused to be affixed the Great Seal of the City of South Weber, on this 26th day of June, 2012.

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