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Minutes of the Roy City Council Meeting held April 17, 2001, at 6:00 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
Council Member Marge Becraft City Planner Mark Larson
Council Member John Cordova Secretary Lynette Peterson
Council Member Alan Nakayu
Council Member Tommy Smith
Council Member Dave Tafoya

Also present were: John Jett; Toni Jett; Ivan D. Anderson; Kari Lynn Harland; Ramon Touma; Phil Heck; Preston Kirk; Pat Hartey; Parry Taylor; Bryan Williams; Doug Cleman; Yvonne Smith; Doug Fife; Denise Fife; James J. Whinham; Linda Martinez; Mac Rose; Bob Garcia; Brad Christiansen; Jerry Martinez; Mike and Wendy Gray; Judy King; Walt & Marilyn Alder; Darrell R. Gentry; Kenna Rae Gentry; Mark Moss; Barbara Johnston; Cathy and Randy Carter; Al Poppell; Michael A. Mansfield; and James Motsemori.

Prayer: Alan Nakayu

Pledge of Allegiance: Alan Nakayu

1. APPROVAL OF MINUTES OF MARCH 20, 2001

Council member Tafoya moved to approve the minutes of March 20, 2001, as written. Council member Becraft seconded the motion. Council members Becraft, Cordova, Smith, and Tafoya voted "aye." Council member Nakayu abstained from voting. The motion carried.

2. RECOGNITION OF EMPLOYEE OF THE MONTH

Chris Zimmerman, Roy Chief of Police, stated that Kenna Rae Gentry was nominated for Roy City Employee of the Month for March by Greg Whinham. He stated that a letter was written, which was included in the council members' packets, about Kenna Rae's dedication and service.

Barbara Johnston, principal of Roy Elementary school, stated that since all of the children at Roy Elementary walk, safety is her biggest concern as they cross the busiest street in Roy. Miss Johnston stated that Kenna Rae is very dependable, and comes early to make sure the lights are on to slow the traffic. She stated that the children love Kenna Rae, and is appreciated by the staff at Roy Elementary School.

Council member Nakayu moved to acknowledge Kenna Rae Gentry as Roy City Employee of the Month for March. Council member Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

3. Consent Agenda:
c. Consideration of a Conditional Use Permit for Curves for Women/Camille Nichols for a fitness center at approximately 3460 West 4800 South
d. Site plan approval for the Utah Department of Work Force Services at approximately 1950 West 4600 South
e. Preliminary approval of Walker Estates Subdivision No. 2 at approximately 1950 West 4600 South
f. Final approval of Westridge Subdivision No. 2 at approximately 1950 West 4600 South
g. Preliminary approval of Southfork Meadows Subdivision No. 3 at approximately 3750 West 6000 South

Council member Cordova moved to approve the consent agenda consisting of a through g, Council member Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

4. INTERLOCAL AGREEMENT WITH CRIME SCENE INVESTIGATIONS (CSI)
a. Approval of Resolution No. 724 approving an interlocal agreement providing for Technical Forensic Services and authorizing the Mayor to execute the agreement

Chris Zimmerman stated that the city has worked with CSI for the past five years, and it is time for a new interlocal agreement. Five years ago an interlocal agreement was signed to give permission to put together a unit that would travel the entire county taking care of all the city's investigation work. Mr. Zimmerman stated that the police could not do half of what they do without the CSI unit.

Council member Nakayu stated that the agreement is written as running for a period of 5 years beginning July 1, 2000, but effective only from January of 2001. Mr. Zimmerman stated that because the sheriff is on the odd calendar budget, and the city is on the fiscal budget, the sheriff actually fronts the money to all the cities and starts paying CSI in January. The cities are billed in July when our fiscal budget begins, and we pay back to the sheriff.

Council member Tafoya asked Chief Zimmerman if there were 6 or 7 employees at CSI. Brad Slater stated that there were 7, but because of budget constraints, there have been 6 employees for about a 6 or 7 month period of time. Seven employees are now needed, as reflected in this year's budget. The budget is not set arbitrarily by the county, but is set and reviewed by the board of Chiefs of Police. Chief Zimmerman stated that this budget was brought to him 9 months ago by Sheriff Slater, has been cut to the minimum. Mr. Slater stated that CSI employees do not carry guns or make arrests, but are scientists who provide forensic scientific evaluation and collection of evidence.

Council member Becraft moved to accept Resolution 724 approving an interlocal agreement providing for Technical Forensic Services. Council member Nakayu seconded the motion. A roll call vote was taken: Council members Tafoya, Becraft, Nakayu, Smith, and Cordova voted "aye." The motion carried.

Chief Zimmerman stated that the annual block dinner to honor school children will be held on May 16 at Weber State University. There are two Roy Junior High School students being honored at this dinner, as well as certain officers who will be receiving awards.

He also stated that the April 9 edition of Newsweek magazine features the Roy Police Department. The subject of the article was the safety training held at Roy Junior High School.

5. NORTH DAVIS SEWER DISTRICT - PRESENTATION ON CAPITAL IMPROVEMENT AND FINANCING NEEDS FACING THE DISTRICT

Ivan Anderson, Chairman of the Board of Trustees for the North Davis County Sewer District, introduced those present from the District: Kevin Cowan, District Manager; Preston Kirk and James Motsemori, George K. Baum Co., underwriters; James Schroeder, Wiggins & Co., accountant; and Phil Heck, Montgomery-Watson District Engineering Consultant.

Mr. Anderson stated that on August 7, the District intends to go before the voters to ask the voters for a general obligation bond so that the plant can be expanded to double the size of the existing plant.

Kevin Cowan stated that the purpose of the presentation is comprised of several components: To allow the Council the opportunity to ask questions before the bond election; to present the need for these capital improvements; to present the anticipated improvements to the treatment plant; to present the projected costs of those improvements and schedule of expenditures; to present the method of funding to pay for these improvements, and to explain the anticipated impact.

Council member Cordova asked Mr. Cowan why the date of August 7 was chosen instead of waiting for the general election. Mr. Cowan stated that there are 4 times a year when an election can be held. It was too early to hold this bond election during the last general election, and since there are split precincts involved, it would have been a challenge to hold this during a general election. Mr. Cordova stated that the library bond held last summer was sparsely attended, and holding an election for the sewer district outside of a general election would also result in poor

attendance. Mr. Cowan stated that in 1984 a special election was held for the sewer district, and 13,000 people voted.

Mr. Cowan stated that there has been a steady pattern of growth in this area from 1980 to the present. The approximate growth between 1990 and 2000 was 14,700 connections. This represents the number of connections, not the population or flow volume at the treatment plant. This is a 44% increase; the projected growth from 2000 to 2020 is 25,600, or 53 additional per cent growth. It is because of that growth that there is a need to expand the treatment plant capacity as well as the collection capacity. The last time there was a plant expansion project was in the mid-1980's, and was projected at that time this expansion would be adequate for the next 20 years. Because it is now nearing the end of this 20 year period, this has been an anticipated expansion.

Phil Heck stated that the current plant capacity is 25 million gallons per day. Six years from now, the plant will be at capacity, and facilities need to be put into place before we reach this point to handle the additional flow. This includes both increasing the plant facilities and adding additional sewer lines to get the additional flow to the client. By the year 2020, we will see an influent flow of about 34 million gallons per day, approximately a 10 million gallon increase from the current flow. An additional bar screen will be needed to remove large materials, as well as additional pumps, clarifiers, and a new solids contact basin, which will add additional capacity for removing organic compounds and suspended solids. This will result in improved treatment of the waste water as well as decreasing the flow capacity of the plant. In a treatment plant there are a lot of solids removed from the waste water, and additional solids drying beds and storage area for the solids will be needed.

Mayor Burnett asked who currently owned the land under the additional bio solid storage. Mr. Heck stated that all of this land is currently owned by the district. Mr. Anderson stated that the district has purchased all the land around the plant so there will be no encroachment.

Mr. Heck stated that approximately 39 million dollars will be the cost for all of the proposed plant improvement projects, and approximately 28 million dollars for the collection system.

Mr. Cordova asked if the bond was just for residential customers, or would commercial and industrial customers be included. Mr. Cowan stated that the expansion includes industrial users as well as residential users, and the connections include equivalent connections for industrial users. Only residents are allowed to vote, and not industries.

Preston Kirk stated that as the financial consultant to this project, he has met with the district over the past 6 months to mesh the construction time frame along with the district finances to meet the time frame of this project. One of the considerations has been that the cost of the projects be done in the most efficient manner possible. One of the ways devised to do this is that there be a pay as you go approach, as well as bonding. Not all of the bonds would be issued at once, but on as an as needed basis to finance the more costly projects on that engineering time line. The district can issue either sewer revenue bonds, or voted general obligation bonds. They can issue sewer revenue bonds without any kind of a vote, and many districts do this in order to avoid the expenses of a bond election. Given the amount of bonds the district needs to complete this 67 million dollar project, it would save the residents of all 7 cities 1 million dollars over the 20 period of time if they issued voted general obligation bonds which carry lower interest rates, and lower cost of issuance.

Mr. Kirk stated that a voter information brochure was put together by his company that would be sent to each of the registered voters in the district approximately 30 days before the election. There would be two meetings held, one in Layton, and one in Roy, for the purpose of public input.

James Schroeder, the district's accountant, stated that the bond rating of the district is extremely high, with a AA3 rating. Mr. Schroeder stated that the cost that will be saved will be the savings in interest. The user fees, impact fees, and property taxes are not anticipated to be changed as a result of these capital improvements. The district has a three legged structure, and it is anticipated that fore the foreseeable future there would be no rate increases.

Councilman Smith asked whether the geographics and per capita population per city would have an impact on the bonding process. Blake Wahlen stated that the census numbers would not affect the bonding process at all. He stated that as long as growth continued to come to the district, Mr. Schroeder's analysis shows that there would be no increase in taxes, user fees, or impact fees.

Councilman Cordova asked if there were separate impact fees for large customers such as Smith's Food King. Mr. Schroeder stated that there were separate impact fees, and these fees are calculated based on a residential equivalent.

Council member Smith asked if there were any other sources of funding besides taxes, impact fees, or user fees. Mr. Schroeder stated that if state or federal funding were used, this project would not be completed. The area is too strong financially, and the money that becomes available goes to areas with less economic strength.

Council member Nakayu stated that it might be wise to summarize, very briefly, the fact that the district could save over 1 million dollars on the front panel of the voter information pamphlet that would be sent to the residents. He stated that many people will only read the information on this front panel, rather than reading the entire pamphlet.


Mr. Cowan summarized the presentation by stating that there is a need to expand because of growth. A few years ago, a certain industry wanted to locate in the district, and the district did not have sufficient capacity for this industry to come in without the industry installing a treatment facility. Mr. Cowan stated that the capacity of the treatment plant is important; it impacts the ability for cities to allow industries to locate, and allows residential development to continue.

6. SECOND PUBLIC HEARING ON CDBG PROJECT FOR GREAT BASIN SUBDIVISION

Mayor Burnett stated that the CDBG is a Community Development Block Grant, and is being awarded under the 2002-2004 Community Development Block Grant program.

Council member Nakayu moved to go into a public hearing. Council member Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Mike Mansfield stated that Mayor Burnett was a great asset in helping to get this project awarded, as was Denise Fife, Office Manager, and Jim Openshaw, Street Superintendent. Mr. Mansfield stated that this project will be constructed in 3 phases. The first phase of the project will be designed this fall, and started next spring. This phase will include installing all of the underground improvements, and replacing all the services to the meter boxes. A storm sewer system will also be installed as part of Phase I. The second phase will consist of replacing curb and gutter, sidewalks, driveway approaches, and replacing and regrading the asphalt surface of the road. Phase II will include the area between 5600 S. to 5400 S., and Phase III will consist of the same improvements as Phase II in the area of 5400 S. to 5200 S.

Mr. Mansfield stated that all the residents would be notified in advance of this project. The city will be responsible for this, as well as concrete tie-ins and landscaping restorations.

The total project cost will be $1,449,424.00, with $600,000 paid for by the CDBG; the city will pay for the difference. Mayor Burnett asked if there was any public input, and there was none.

Council member Cordova moved to go out of public hearing. Council member Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

7. APPROVAL OF CLASS "A" BEER LICENSE FOR HOT SPOT 2000 AT 3805 S. MIDLAND DRIVE

Council member Cordova moved to approve the Class "A" Beer License for Hot Spot 2000 at 3805 S. Midland Drive. Council member Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

8. APPROVAL OF RESOLUTION NO. 725 DESIGNATING MAY 12 AS "LETTER CARRIERS' FOOD DRIVE DAY"

Mayor Burnett read Resolution 725 concerning the letter carriers' food drive day.

Council member Tafoya moved to approve Resolution 725 designating May 12 as "Letter Carriers' Food Drive Day." Council member Becraft seconded the motion. A roll call vote was taken: Council members Tafoya, Becraft, Smith, Cordova, and Nakayu voted "aye." The motion carried.

9. APPROVAL OF RESOLUTION NO. 726 DECLARING MAY 23 AS "KATHY CARTER" DAY

Mayor Burnett read Resolution No. 726, declaring May 23, 2001 as "Kathy Carter Day" in Roy City. Kathy was awarded the Woman of Achievement Award for 2001 by the Miss Snow Country Scholarship Pageant. She has been actively involved in DECA, Juvenile Diabetes, and Junior Achievement.

A plaque was awarded to Kathy in appreciation for her service to the community.

Council member Nakayu moved to approve Roy City Resolution No. 726, declaring May 23, 2001, as "Kathy Carter Day." Council member Smith seconded the motion. A roll call vote was taken: Council members Nakayu, Smith, Tafoya, Becraft, and Cordova voted "aye." The motion carried.

10. RESOLUTION NO. 727 OF THE ROY CITY COUNCIL INDICATING THE INTENT TO ADJUST A COMMON BOUNDARY WITH HOOPER CITY

Blake Wahlen stated that when Hooper City was created, the boundary between Roy and Hooper followed our existing boundary. As it proceeded along 4300 W and turned up 6000 S., there was a portion on the North side that ended up in Hooper. At the time, there was a petition that was filed with Roy City to annex into the city, but it ended up in Hooper. Discussions began to remove that from the Hooper incorporation and bring it back into Roy so we could provide services. The petitioners have met with the Hooper City Council, and a resolution has been approved agreeing to adjust the boundary.

Council member Smith moved to approve Resolution No. 727 indicating the intent to adjust a common boundary with Hooper City. Council member Cordova seconded the motion. A roll call vote was taken: Council members Cordova, Nakayu, Becraft, Tafoya, and Smith voted "aye." The motion carried.

11. JOHN JETT, HOOPER WATER TAXATION UPDATE

John Jett stated that the Hooper Water Improvement District imposes unfair taxation on approximately 1500 Roy residents. He presented to the council a 47-page document containing 1500 names of people who are being taxed.

Mr. Jett stated that In 1979, several residents west of Triple Stop came to Roy City and asked to be annexed into Roy. Mr. Jett stated that Roy passed the master policy for annexation at that time. In 1980 those residents are granted annexation to Roy City; these same citizens asked to be de-annexed from Hooper Water Improvement District at this time. Second District Court supported this de-annexation from Hooper Water Improvement District.

Mr. Jett stated that Hooper City appealed Roy's annexation of this property. In 1986, Dale Willis contacted the Roy City Attorney, who stated that they needed 51% of the signatures of residents affected, and then take it to the Second District Court for acceptance. Mr. Jett stated that when it was determined that these subdivisions were the same ones who had earlier been de-annexed, Hooper City paid back illegal taxes, which helped pay for the Southwest Library Auditorium.

In 1986, Hooper City, Roy City, and Weber County developed an interlocal agreement to prevent future legal litigations. Roy paid Hooper Water Improvement District $190,000 for any existing bonds, and to satisfy any existing liens that Hooper Water may have against Roy City. Blake Wahlen stated that Judge Dutson was reviewing the $190,000 paid to Hooper City; this money should have satisfied any financial obligations related to the overlap area. Mr. Wahlen stated that it is unclear concerning the areas that were not in Roy City at the time the agreement was signed.

Mr. Jett asked if Roy would give financial and legal assistance in removing these residents from the Hooper tax rolls. Mr. Jett asked if the Roy, Hooper and Weber County attorneys could meet together to remove the residents from the tax rolls instead of going through a de-annexation process. Mr. Wahlen stated that if we did go through the process of de-annexation, Hooper City would split the cost of the mailings; however, the Weber County Attorney will make the decision as to whether we have to go through that process.

Council member Nakayu asked if Roy City would consider purchasing the infrastructure. Mr. Wahlen stated that the only subdivision we would consider this for would be Aland of Honey because if these residents do not pay for our sewer fees, we do not have the ability to shut them off because they are on Hooper water. Mr. Wahlen stated that it brought up an interesting question as to whether it should all be packaged together to clean up the Hooper water issue.

Mayor Burnett asked what the deadline would be to get these residents off of the Hooper tax rolls for next year and John Bond said that September 1 is the deadline.

A member of the audience asked why Hooper thought that we owed them money. Mr. Wahlen stated that there was a concurrence of their board that Roy residents should be off of their tax rolls. However, Mr Wahlen stated that it was his intent to see all 1500 residents off of the tax rolls, and not to pursue back payment.

12. PRESENTATION OF THE PRELIMINARY DRAFT OF THE ROY CITY GENERAL PLAN

Blake Wahlen presented the City Council with the Roy City general plan, and asked the council members to read the contents of the packet.

13. CITY MANAGER'S REPORT

Blake Wahlen stated that beginning tomorrow at 9:00 a.m., Kiri LaRose, the DARE officer, will bring approximately 425 children to help plant trees. Hot Dogs will be served during the 4 days that the trees are to be planted.

Al Poppell asked if the Council knew of a Cub Scout project that would involve 10-20 boys. Mayor Burnett stated that there were 6 Webelos in his neighborhood that are available.

Mr. Wahlen stated that there will be a budget work session on May 8th at 6:00 p.m. This will be held at the Roy Recreation building. Mr. Wahlen stated that the Council should have received financial statements from Cathy.

Mr. Wahlen stated that the SLOC invited the Council to an Olympic Spirit Seminar held on April 24th from 8:30 a.m. - 12:30 p.m. This will

14. MAYOR AND COUNCIL REPORTS
Mayor Burnett stated that there are now 32,885 residents living in Roy. There were 429 building permits issued last year, and there are 2.9 people per household.

Council member Tafoya stated the South West Park Committee signed off on the plans. There will be a contest, announced in the newsletter, to rename the park. Council member Becraft asked where the posse grounds would be located, and Council member Tafoya stated that they would not be at the South West Park. Blake Wahlen stated that Hooper would not allow Roy City to build the posse grounds in their city.

Council member Nakayu stated that there was some discussion in the minutes about a decision on the Roy Pool. Mr. Wahlen stated that this would be discussed in the closed meeting.

15. MOTION FOR CLOSED MEETING TO DISCUSS:
(a) PROPERTY ACQUISITION, AND
(b) LITIGATION

Council member Tafoya moved to go into a closed meeting to discuss property acquisition and litigation. Council member Nakayu seconded the motion. A roll call vote was taken: Council members Nakayu, Smith, Cordova, Tafoya, and Becraft voted "aye." The motion carried.

16. CLOSED MEETING

At 8:25 the Roy City Council meeting adjourned to move to a closed meeting.

   
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