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Minutes of the Roy City Council Meeting held January 16, 2001, at 7:00 p.m. in the City Council Room of the Roy City Municipal Building.

The meeting was a regularly scheduled meeting designated by resolution. Notice of the meeting was provided to The Standard Examiner at least 24 hours in advance. A copy of the agenda was posted.

The following were in attendance:

Mayor Roger Burnett City Manager Blake Wahlen
Councilwoman Marge Becraft City Attorney Chris Davis
Councilman John Cordova Secretary Michelle Drago
Councilman Alan Nakayu
Councilman Tommy Smith
Councilman Dave Tafoya

Also present were: Mark Larson, Planner; Dave Collins, Building Official; Ray Alvey; Sylvia Alvey; June Balaich; Alan Nye; Linda Wangsgard; David Van Dyke; Pat Condon; Scott Jones; Ann Booth; Doug Hamblin; Kim Keller; Kathi Lewis; Quinn Lewis; Jim Nyland; Tammy Nyland; Josh Nyland; Kyle Nyland; and Boy Scout Troop 375.

Prayer: Councilman Smith

Pledge of Allegiance: Boy Scout Troop 375


1. APPROVAL OF THE JANUARY 2, 2001, MINUTES

Councilwoman Becraft moved to approve the minutes of January 2, 2001, as corrected. Councilman Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

2. PRESENTATION FROM THE OGDEN/WEBER CHAMBER OF COMMERCE REGARDING THE CALENDAR OF EVENTS FOR FEBRUARY AND MARCH

Pat Condon, Secretary/Treasurer of the Board of Directors for the Ogden/Weber Chamber of Commerce, presented the City Council members with a calendar of upcoming events for February and March. He reviewed the calendar with the City Council and indicated there would be numerous events taking place all over Northern Utah in the year before the 2002 Olympics. Mr. Condon also shared event sponsorship information with the City Council.

Councilman Cordova asked about the starting times of the listed events. Mr. Condon said more information would be available in the local newspaper as the events drew closer.

Councilman Nakayu asked if there would be opportunities for bus loads of school children to attend some of the skiing competitions. Mr. Condon thought that would be a good idea and suggested that Councilman Nakayu could contact the Visitors' Bureau or the Chamber of Commerce about sponsoring a school trip. He said individuals could also attend the skiing competitions.

3. PRESENTATION BY LINDA WANGSGARD FROM THE WEBER COUNTY LIBRARY CONCERNING A BOND TO EXPAND LIBRARIES, INCLUDING ROY

Linda Wangsgard stated that she was present to address the Weber County Library Board's plans to expand libraries throughout the county over the next ten years. She provided the City Council with a brief historical background. The Board had surveyed the entire Weber County community to determine what the need for public library service was. Ms. Wangsgard said the use of public libraries in Weber County was skyrocketing. The main reasons for the increased usage were population growth and the Internet. The first step in the Board's plan was to construct a southeast branch. The second project would be construction of a northwest branch. Then they would focus on making the needed changes to the southwest branch in Roy. The final projects would be remodeling the northeast branch and adding parking and a storage shed to the Ogden Valley branch. In order to fund the needed expansions, the Board was proposing to hold a bond election on February 6th, which the Weber County Commission had approved. If the bond election passed, the bonds would be sold over a period of seven years, and the projects would be taken one at a time. Ms. Wangsgard responded to questions from the City Council.

Councilman Cordova asked why the board was holding a bond election on February 6th rather than waiting until the general elections in the fall. Ms. Wangsgard said the Board had been trying to get the bond on the ballot for several years. The Board felt pressure to move forward while pledged land and pledged funding was available for the southeast branch. If it waited, those valuable assets could be lost. Land had also been pledged for the northwest branch. The Board also wanted citizens to focus on the library bond issue. It didn't want to compete with other interests.

Councilman Nakayu asked if the Library Board planned to move forward with their plans if the bonds did not pass. Ms. Wangsgard said the Library Board did not have funds for capital expansion. Without a general obligation bond they wouldn't have funds to move ahead.


Councilwoman Becraft asked if the Library Board planned to do any advertising to let people know what was going on. Linda Wangsgard said the Board was making presentations to all of the city councils in Weber County. They were planning to publish articles in the Standard Examiner and hold meetings at all of the branches later in the month.

Councilman Smith asked if there would be enough room to expand the Roy branch at its current location. Ms. Wangsgard felt the City Council and citizens needed to be involved in deciding where the facility should be located. She thought there was enough room on the current site to expand. The question was premature because the bond had not been approved.

Alan Nye, Ogden, endorsed the program proposed by the Weber County Library Board. A general obligation bond would require more taxes. The increase in operating costs would go from about $3 to $5 over 10 years. The taxes for a bond would go from about $1.90 to $15 over 10 years, and then back to zero as the bond was paid off. Mr. Nye felt the planned expansion would improve the quality of life in Weber County and increase property values.

4. APPROVAL OF THE CONSENT AGENDA

Councilman Nakayu asked to have Item C removed from the Consent Agenda. Blake Wahlen asked that Items A and B be tabled.

Councilman Cordova moved to approve the Consent Agenda consisting of: Preliminary approval of Hamblin Place Subdivision at approximately 4025 West 4800 South. Councilwoman Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

4C. APPROVAL OF BEER AND LIQUOR LICENSES FOR 2000 AND 2001

Councilman Nakayu asked why the Council was being asked to approve beer licenses for 2000. Blake Wahlen said it was a house cleaning item. Marley's beer license was held up until some issues were resolved. Midland Market's license application was received later in the year. Approving their 2000 licenses would catch the City up to date. Councilman Nakayu asked why Midland Market was not on the


2001 list. Mr. Wahlen said he would have to check with Tammy Nelson. He recommended that the beer and liquor licenses for 2000 and 2001 be approved.

Councilman Smith moved to approve the following beer and liquor licenses for 2000 and 2001: Albertson's Food Center - Class A Beer; Eagles Club - Class F Beer and Class A Liquor; Excell II - Class A Beer; Golden Spike B.P.O.E. - Class F Beer and Class A Liquor; Marley's - Class c Beer; Harmons - Class A Beer; Old Farm Market - Class A Beer; Rite Aid - Class A Beer; Roy Phillips - Class A beer; Royal Greens Restaurant - Class B Beer; 7-Eleven # 26352 - Class A Beer; 7-Eleven # 23578 - Class A Beer; Triple Stop - Class A Beer; U & I Coop - Class A Beer; Marley's - Class C Beer (2000); and Midland Market - Class A Beer (2000). Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

4A. FINAL INSPECTION AND CONDITIONAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR CHELLE COVE SUBDIVISION NO. 2 AT APPROXIMATELY 4600 SOUTH 4150 WEST

Councilman Nakayu moved to table consideration of the final inspection and conditional acceptance of subdivision improvements for Chelle Cove Subdivision No. 2 at approximately 4600 South 4150 West. Councilman Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

5. APPROVAL OF NEW BOARD OF ADJUSTMENT MEMBERS AND THANKS TO THE DEPARTING MEMBERS

Mayor Burnett stated that the terms of several Board of Adjustment members had expired. He wished to profusely thank Ray Alvey, Cheryl Thomas, and Kathi Lewis who had served as the chair person. Mayor Burnett recommended that the Council appoint Dale Evans, Jennifer Russett, and Darrell Thompson to the Board of Adjustment with terms expiring in 2003, 2004, and 2005 respectively.

Councilman Nakayu moved to concur with the Mayor's appointments to the Board of Adjustment and express appreciation to Ray Alvey, Cheryl Thomas, and Kathi Lewis. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Mayor Burnett presented Ray Alvey and Kathi Lewis with gift certificates in appreciation for their years of service.

6. DISCUSSION REGARDING EMPLOYEE PARKING FOR DOMINO'S PIZZA AT APPROXIMATELY 5619 SOUTH 3500 WEST

Blake Wahlen stated that when the City Council approved the conditional use permit for Domino's Pizza it required that employee parking take place in the back. Jeff Moore from Domino's Pizza was asking that the City Council consider some exceptions to that condition.

John Antel, from Domino's Pizza, stated that Domino's Pizza was concerned about the safety of their employees and felt the chance for robberies would increase if the drivers were required to park in the rear. They were asking that drivers be allowed to use the parking in the front during the evening. They didn't have a problem asking employees who worked inside to use the parking in the back.

Jeff Moore, Domino's Pizza District Manager, stated that they were willing to have the drivers use the parking in the rear until 8:00 p.m. After 8:00 p.m. traffic on 5600 South dwindled and there were fewer people behind the store. Statistics showed that robberies increased after 8:00 p.m. There was the possibility that liability for a robbery could filter up to the City. Mr. Moore said that after 8:00 p.m. traffic in the front parking lot decreased, and their drivers would not cause problems entering and exiting the site.

Councilman Cordova stated that he had been concerned about drivers interfering with cross traffic leaving the convenience store.

Jeff Moore stated that they could require their drivers to use the eight parking stalls along 3500 West.

John Antel stated that they could also require their drivers to leave from the south approach.

Councilman Smith asked how many drivers Domino's Pizza had. Jeff Moore said there were 6 to 8 drivers on week nights and 10 to 14 drivers on weekends. On the weekends there would probably be 6 to 8 drivers in the parking lot at the same time. Councilman Smith asked how much cash the drivers were allowed to carry. Mr. Moore said they were only supposed to carry $20. Councilman Smith felt Domino's Pizza needed to monitor how many drivers were in the parking lot at the same time and how much cash their drivers actually carried. He asked how many robberies Domino's Pizza had had. Jeff Moore said he had not had any robberies, but he did not want to put his drivers in a dangerous situation.

Dave Van Dyke, from Skye Properties, stated that Kathy Travis from Domino's corporate office had called him and asked that drivers be allowed to use the front parking lot after dark. He suggested that Domino's drivers be allowed to use the front parking lot at dusk. There were 30 parking stalls in front. Allowing drivers to use the parking in front would reduce the liability on everyone.

Councilman Nakayu asked if the parking spaces immediately in front of the store were dedicated for customers. Jeff Moore said they were not, but it was their policy to not allow drivers to park in front of the store.

Councilman Nakayu said he was not opposed to having all of Domino's drivers use the parking stalls along 3500 West all of the time.

Dave Van Dyke stated that there was still about 5000 square feet of unleased space in the complex. When it was leased, it could change the dynamics of the parking situation. He felt Domino's drivers should park in the back when they could and park in the front when they needed to.

Blake Wahlen stated that the City was not usually involved in how parking was used. It typically required parking issues to be resolved between the owners and tenants. However, in this case the City Council made it a condition that Domino's employees could not park in the front.

Dave Van Dyke pointed out that the City Council had not placed parking restrictions on the other tenants in the complex.

There was further discussion.

Councilman Smith moved to modify the conditions of Domino's Pizza at approximately 5619 South 3500 West to allow their drivers to use the eight parking stalls along 3500 West after dusk. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Smith, and Tafoya voted "aye." Councilman Nakayu voted "nay." The motion carried.

7. APPROVAL OF THE CONDITIONAL USE PERMIT FOR OVERALL SITE PLAN APPROVAL OF THE SILVER CREEK COMMERCIAL CENTER AT APPROXIMATELY 5150 SOUTH 1900 WEST

Blake Wahlen stated that Kim Keller had requested that the City issue a building permit for Building 3 of the Silver Creek Commercial Center. The Planning Commission considered the overall site plan for Silver Creek. There was considerable discussion about whether Kim Keller should be required to complete all of the off site improvements before he could begin constructing any of the buildings. The Planning Commission and staff were concerned about Building 3 only having access from Airport Road. The staff had reached an agreement with Mr. Keller for an additional hard-surface access from 5150 South. The access on 5150 South would probably not have curb and gutter at this time.

Councilwoman Becraft asked when 5150 South would be finished. Blake Wahlen said there had been some problems getting access for 5150 South approved by UDOT. He felt the road would be done in the spring. Kim Keller said 5150 South would be finished before Building 3 was completed.

Blake Wahlen responded to questions from the City Council. Councilwoman Becraft asked if the building elevations would have a similar theme. Mr. Wahlen said they would. Councilman Tafoya asked if the City typically allowed developments to put in black top without curb and gutter. Mr. Wahlen said it sometimes did on a temporary basis.

Kim Keller stated that as the project expanded to the west he would provide asphalt and curb and gutter.

Councilman Smith asked about curb and gutter on 5150 South. Blake Wahlen said it would be completed in the spring. Mr. Keller had committed to having 5150 South finished before Building 3 was done.

Councilwoman Becraft asked what the proposed use of Building 3 was. Mr. Keller said it was a chiropractic practice.

Councilman Tafoya moved to approve the conditional use permit for the overall site plan of the Silver Creek Commercial Center at approximately 5150 South 1900 West subject to the staff's recommendations, the City's agreements with Kim Keller, and the understanding that tenants would have to apply for individual conditional use permits. Councilman Smith seconded the motion.

Councilman Nakayu asked what the City's options were if Mr. Keller did not complete 5150 South as agreed. Mr. Wahlen said the City could buy the property back. He recommended that Kim Keller be given an extension due to the difficulties with UDOT.

Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

8. AWARD OF CONTRACT FOR CONSTRUCTION OF SALT SHEDS

Blake Wahlen stated that the Environmental Protection Agency was requiring the City to keep its salt and sand in a shed. The FY2001 budget included $150,000 to construct the salt sheds. The City received five bids ranging from $151,000 to $258,000. One item had been eliminated, which reduced the bid price slightly. Mr. Wahlen recommended that the City Council award the contract for the salt sheds to Nix Construction Company for $147,974.

Councilman Cordova asked where the salt shed would be located. Blake Wahlen said it would be built on the northeast end of the shop property.

After further discussion, Councilman Nakayu moved to award the contract for the salt sheds to Nix Construction Company for $147,974 and to authorize the Mayor's signature on the contract documents. Councilwoman Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

9. CITY MANAGER'S REPORT

Blake Wahlen updated the City Council on the outdoor pool. The staff had looked at the property on 5600 South and 3500 West. There was an option on it for $5 a square foot, which was a little expensive for a pool. The staff was looking at two other sites.

Blake Wahlen asked which Council members planned to attend the Ogden/Weber Chamber of Commerce dinner on January 24th. Council members Burnett, Becraft, Cordova, Nakayu, Smith, and Tafoya said they planned to attend with their spouses.

10. MAYOR AND COUNCIL REPORTS

Councilman Nakayu stated that North Davis Sewer District had asked about the disbursement of funds for the recent flooding. Mr. Wahlen said the funds had been disbursed. Councilman Nakayu suggested that the City send the sewer district a letter of thanks. Mayor Burnett said he would send the district a letter informing them about the disbursement of funds and thanking them for their humanitarian gesture.

Councilman Nakayu stated that the North Davis Sewer District was considering adding a representative to their board from the unincorporated area of Weber County. He asked the Council if they had any recommendations.

There was a discussion about getting the City Council agendas published in the Standard Examiner.

There was a discussion about the Boys and Girls Club.

Councilman Cordova stated that he would not be able to attend the February 6th City Council meeting.

11. ADJOURN

Councilwoman Becraft moved to adjourn at 9:03 p.m. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.