Council member Nakayu stated that on page 5, item 5, 1st paragraph, it should read Preston Kirk from the George K. Baum Company instead of the George K. Bond Company. James Matsumori was also present from the George K. Baum Company. On page 7, third paragraph from the end, it should state that these fees are calculated based on a residential equivalent.

Council member Cordova stated that on the recognition of the employee of the month, Kenna Rae's last name should be mentioned as being Gentry.

Council member Becraft moved to approve the minutes as amended for April 17, 2001. Council member Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, and Tafoya voted "aye." The motion carried.

Council member Cordova stated that he didn't see an address for this easement. Blake Wahlen stated that there was not a formal address, but that it was just on the other side of the freeway. The address is approximately 6000 S. and 1750 W.

Mike Mansfield stated that Roy City owns 1 acre where the existing reservoir is located. This isn't adequate in size, and we have asked HAFB to grant an easement for additional property to build a 2 million gallon reservoir in the future, and also a control building with pumps. HAFB will not sell us the property, but will grant a perpetual easement with 25 year increments. In addition to this, pipeline and electrical easements are included in this. This was originally built in the 1930's, and in the 1950's when HAFB grew, they enveloped our property. This was the first reservoir and well site for Roy City. This is a critical development because this is the only facility that can gravity drain into the upper system of Roy.

Council member Tafoya moved to approval the consent agenda consisting of the approval of Hill Air Force Base easement for water reservoir. Council member Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, and Tafoya voted "aye." The motion carried.

Mark Loucks, representing HAFB, stated the plume has been extended since the last time he came and addressed the City Council. In the past week and a half they have installed five wells, and will continue to drill for quite a while. He stated the goal is to know, by fall, how far out the plume extends.

Council member Becraft asked why some of the wells were sitting next to each other. Mr. Loucks stated that the wells that are side by side will be drilled at different depths, to test above and below contamination so the vertical contamination can be measured. Mr Loucks stated that the contaminants are 45 feet below the ground surface on the west side of the railroad tracks.

Mr. Loucks invited the City Council to come and observe the drilling on June 13th or 14th, or any day that is convenient for them. Mr. Loucks also stated that before they drill in an area, flyers are sent out to the residents so they will know what it is they are doing.

An Info Fair was held on February 7, and approximately 30 people were in attendance. Another Info Fair will be held as soon as the plume is defined.

Mr. Loucks stated that he sent the Council applications from 4 people to serve on the Restoration Advisory Board. He would like the Council to select a primary and an alternate representative from these 4 applications by May 15. This Board is a key part of Hill's community involvement program. Mr. Loucks stated that the person on this Board will represent the concerns for the citizens of Roy in what is best for the community during this restoration project. This should be a person who will be able to give input and review on these cleanup issues.

Council member Nakayu stated that there is a community celebration scheduled in August, and suggested that an information booth might be appropriate at the park at this time.

After some discussion it was decided by Mayor Burnett, the Council, and Blake Wahlen that Mayor Burnett would interview the four candidates for this Board and bring a recommendation back to the Council for approval at the next council meeting on May 15th.

Mike Mansfield stated that on April 19, 2001, bids were opened for the sanitary sewer and storm drain rehabilitation project. This project is designed to install pipe on 6000 S. from approximately 1900 West to 2450 West. Tree roots are blocking the laterals and main lines of the existing clay pipe in this section. The new pipe will be one complete section of pipe from manhole to manhole, which will deter roots from getting into the sewer system.

Item number 2 on the bid schedule is the section of pipe that comes into the sewer lift station on 4300 West. When the wet well was installed in this area, there was so much ground water that there was settling on the pipe, and a lot of ground infiltration has come into this pipe. This project will seal that pipe which will eliminate the groundwater infiltration.

Council member Tafoya asked why the unit price differed so greatly. Mr. Mansfield stated that unit figures were given from the last estimate. Up until 4 or 5 years ago Insituform Technologies had the patent on this technology, but since that time several other companies have used this technology which has driven the prices down. Insituform Technologies had the low bid at $129,100, with the second bid being Western Slopes Utilities Incorporated at $153,675.

Council member Nakayu asked how thick the pipe was on the 21". Mr. Mansfield stated that it was 1/2" diameter wall thickness. It varies depending upon the size and depth of the pipe, as well as the amount of flow that it takes.

Council member Cordova asked if Insituform Technologies was a good company to work with, and Mr. Mansfield stated that they were a great company to work with.

Council member Becraft moved to award the contract for the 2001 sanitary sewer and storm rehabilitation project to Insituform Technologies, Inc. for $129,100. Council member Nakayu seconded the motion. Council members Becraft, Cordova, Nakayu, and Tafoya voted "aye." The motion carried.

Cathy Spencer stated that the Council needs to approve another contract before they can be audited. Cathy Spencer stated that in the past the city had been asked to go through the process of sending out for bid to receive audit services every 3 years. The state auditor's office told her that there was no such requirement, and if the city was happy with the people they were using, they could continue to use them.

Schmidt and Griffiths has done a good job for the City. There are some significant requirements beginning the fiscal year of 2003 which will require depreciation on all infrastructure, water lines, and sewer lines. Cathy Spencer proposed retaining Schmidt and Griffiths for the next 3 years.

Council member Cordova moved to renew our audit contract with Schmidt and Griffiths. Council member Nakayu seconded the motion. Council members Becraft, Cordova, Nakayu, and Tafoya voted "aye." The motion carried.

Cathy Spencer stated there were no significant changes from the philosophies the city has had in prior years. In Section 1, there were a few items that have changed: there is no revenue or expenditure projections for the outdoor pool since it has been closed. There is no projection for the new pool. Blake Wahlen stated that there is a provision in the Parks and Recreation budget for demolition of the old pool. The cost of the new pool has not been put in the capital projects fund; however, once those figures are available, the budget will be opened and adjusted for those expenditures.

Two new employees were added; one firefighter and one equipment operator in the street division. There were significant increases in the cost of employee health insurance. Cathy Spencer stated her department added another plan to allow for a 90-10 plan versus a 100% plan which cuts the benefits, but also cuts the cost. She has recommended that the city increase their contribution to help offset these added costs.

Cathy stated there were no significant changes in revenue projections. Sales tax is projected to be 13.5% with all the new businesses in Roy and having a full year of revenue from these. The rate increases from utility franchise tax will bring added revenue to the city.

Capital projects are proposed renovations to fire station #1 for the sleeping quarters and restrooms, and purchase of an ambulance. A large expenditure is to develop the Southwest Park, which is in the park development fund.

Cathy proposed that a public hearing would be set for June 5. This would allow for any changes before the budget is adopted on June 19th.

Council member Nakayu moved to accept the tentative budget, and to accept a public hearing date of June 5th. Council member Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, and Tafoya voted "aye." The motion carried.

Blake Wahlen stated there has been some discussion on planting trees in the cemetery, which would mean a loss of revenue for purchased burial plots.

Tom Hanson stated several citizens have requested trees be planted in the cemetery to help cool the park, give some shelter, and beautify the cemetery. This project would be run through the tree adoption program. There have been commitments from a few families who are interested in adopting a tree close to their family. The loss of revenue would be $14,625.00 due to the lack of sales for those spots where the trees are planted. Mr. Hanson asked for the approval of the Council to be able to set aside these sites for this project. Mr. Hanson stated there would be two additional flower beds with trees planted in the beds.

Council member Cordova asked how many plots were still available in the cemetery. Mr. Hanson stated that the majority of the back section was available, and approximately ½ of the front lots have been sold. This project would not significantly affect the number of available plots for sale.

Council member Tafoya moved to approve the cemetery tree planting project. Council member Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, and Tafoya voted "aye." The motion carried.

Tom Hanson stated that based on the input given in 1997 by the Southwest Park Committee, some specific features were indicated for this park: a volleyball court, a large group pavilion, several single picnic shelters, a baseball diamond, a multi-use/basketball area, 3 large and one small soccer field, a waterfall and stream fed from the drain line under 5700 South, and a small and large parking area.

This park is designed to blend both quiet and active recreation. The tree designs help separate the soccer fields. The detention basin will be open to help create the image of a mountain meadow.

Mayor Burnett asked about the capping of the landfill. Mr. Hanson stated the state has required 2 feet of clay on top of the cap, with a 1-2% contour to keep the water flowing off the clay onto the edges where a drainage system would take away any accumulated moisture. Trees will be allowed on top of the cap, but will need to be trees that will work with this landfill. Mayor Burnett asked Mr. Hanson if the capping would require any vents or piping. Mr. Hanson stated

that it did not require these. He stated that the state requests for this capping are quite forgiving.

Council member Cordova asked if there were any federal funds available to cap this. Mr. Hanson stated that they were researching some options on federal grants, and are seeking some of these sources. The County has committed to stand up to their agreement to cap this landfill.

Council member Nakayu asked if we needed another baseball diamond with the 3 diamonds just added to the city. He also stated that he had some discomfort putting a showpiece such as this park at the edge of the city as opposed to an interior park. Mr. Nakayu stated that if this was the best use of this land, then he was in favor of this project.

Council member Nayaku stated that this would be more of a benefit to neighboring communities than to Roy City. He suggested that some of the existing parks be upgraded. Mr. Hanson stated that there was no availability of land that could be developed for a park, but that similar plans were being formulated for existing parks.

Mr. Hanson stated that Roy City had the understanding that it could purchase some land across the street with the Roy Water Conservancy for the posse grounds. The plans for the Southwest park went forward with the understanding that the posse grounds would be located elsewhere; however, the acquisition of this ground is no longer a possibility.

Council member Nakayu asked how many acres would be required for the posse grounds. Mr. Hanson stated that 2 to 3 acres would be needed. The posse would fit in this new park, but he was concerned about the liability of combining horses with the other activities that would take place at the park. Mr. Hanson encouraged the city to find some land for a new facility that would be a permanent location for the posse grounds.

Shauna Thomas gave a cover letter to the mayor and council members containing minutes from the Weber County Commission meetings showing the purchase of the posse grounds. Mrs. Thomas will be on the City Council agenda for May 15th.

Blake Wahlen stated that Ordinance 879 is an ordinance that amends the Roy City Ordinance Title 17, adding Chapter 5 to allow for the licensing and regulation of sexually oriented businesses and employees.

Mayor Burnett stated "we had both our in-house and our contracted legal counsel review national and local case law and studies regarding the effects of sexually oriented businesses on the community, on the neighboring properties and on crime rates. We have ourselves attended seminars regarding the licensing of these businesses and concur with legal counsel that the ordinance that we are proposing is appropriate for Roy City." He stated that this does not impact on where the businesses can locate, which is a zoning issue to be brought before the Planning Commission. This purpose of this ordinance is to license the business and the people who run the business.

Council member Nakayu asked if the city could require any business categorized under this ordinance to apply for another license. Mayor Burnett stated that yes, a business will be responsible for obtaining another license. Mayor Burnett stated that the most recent business that moved into Roy City has been informed this was in the process of being made, and knows that they will be held responsible.

Council member Cordova asked if the current business would be forced to go into a location mandated by the new zoning codes. Blake Wahlen stated that the city cannot shut them down, but can require them to have a sexually oriented business license.

Mayor Burnett stated that he did a preliminary study on zoning, and a map was made that had a sexually oriented business ½ block from any house, and a block from the borders of Roy.

Council member Nakayu stated that on the 7th WHEREAS on the first page, it was incomplete. Mayor Burnett stated that it should read WHEREAS, underage performers have been used in depictions, both in films; and live performances.

Council member Nakayu moved to adopt Ordinance 879, amending Roy City Ordinance Title 17, adding Chapter 5 to allow for the licensing and regulation of sexually oriented businesses and employees. Council member Tafoya seconded the motion.

Council member Cordova stated the findings need to be included in the recommendation based on the evidence and the secondary adverse effects, and also an effort to protect the city.

Council member Nakayu amended the motion to state: WHEREAS, underage performers have been used in depictions, both in films and live performances. It is the purpose of this ordinance to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of our community, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material. Council member Tafoya seconded the motion. A roll call vote was taken: Council members Cordova, Becraft, Tafoya, and Nakayu voted "aye." The motion carried.

Blake Wahlen stated there have been discussions with the Council on the location of the pool. A meeting with the property owner will be held on Thursday, and the Council will be apprised of the situation.

Blake Wahlen presented the Council with the Carl Stegen plaque. Another plaque will be placed on the wall in the City Council room which talks about the Carl Stegen service to the community award. Mr. Wahlen recommended to the Council that the first recipient of this award go to the DARE program for their efforts on the recent tree planting program.

Mr. Wahlen stated Pepsi has offered to place a $25,000 timing clock at the Recreation Complex. The city has worked with Coca-Cola in the past, and Mr. Wahlen stated that it was up to the Council as to whether they wanted to accept Pepsi's offer.

The next Hooper water meeting is next Tuesday, and Mr. Wahlen is on the agenda. He will report back to the Council as to the outcome of the meeting.

Mayor Burnett stated Municipal Elementary School is going to undergo renovation this summer, and asked if they could put one of their portable classrooms to the edge of the parking lot to the pool to be out of the way for the construction. Mayor Burnett approved this action.

Mayor Burnett stated there was a meeting last Friday concerning the sidewalk to the new Hooper School. Those attending were: UDOT, Hooper, Weber School District, and Roy City officials. The extent of Roy City's help in this project will be to help prepare a grant application for safety sidewalk money.

Council member Nakayu stated that he has had several citizens asking to expand the dumpster program

There was some discussion with Larry Stimpson and John Jett concerning the Hooper taxation issue. Mr. Wahlen stated that the County attorney suggested that we go through the court process. Mr. Stimpson stated he would like to resolve this issue before it went through Utah Code. Mr. Wahlen stated that Dave Wilson told him, through a third party, that Roy City needed to go through the process of Utah Code. Mr. Wahlen stated that he would verify this directly from Mr. Wilson at the meeting held tomorrow.

Mayor Burnett asked if Hooper decided to take all 1500 residents off of the tax rolls, would Weber County acknowledge that? Mr. Wahlen stated that a de-annexation process would still need to take place, requiring signatures from 51% of the residents who live in the area.

Mr. Jett asked the Council if he and Mr. Simpson could look at the documents that will be mailed out before they are mailed. Mayor Burnett stated that would be all right.

Council member Becraft moved to adjourn at 8:21 p.m. Council member Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, and Tafoya voted "aye." The motion carried.