APPROVAL OF JULY 3, 2001, MINUTES

Councilwoman Becraft moved to approve the minutes of July 3, 2001, as written. Councilman Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

APPROVAL OF THE CONSENT AGENDA

Mayor Burnett asked to have Item A removed from the Consent Agenda. Councilman Tafoya asked to have Item B removed as well.

Councilman Nakayu moved to approve the Consent Agenda consisting of: Final inspection for final acceptance of Miya Estates Subdivision. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

2B. CONSIDERATION OF A CONDITIONAL USE PERMIT AND SITE PLAN FOR MARK MILEWSKI FOR A HOME OCCUPATION IN A MULTI-FAMILY STRUCTURE AT APPROXIMATELY 5223 SOUTH 1900 WEST, NO. 41

Councilman Tafoya stated that there was a discussion about the Sexually-Oriented Business Ordinance at the Planning Commission meeting. He asked if Mark Milewski planned to sell sexually-oriented items. Mr. Milewski said he did not.

Mayor Burnett stated that Mr. Milewski had given him a list of the items he planned to sell via the Internet. There were no sexually-oriented items.

Councilman Nakayu asked if Mr. Milewski's home occupation would be an incidental business in keeping with the definition of a home occupation in the Zoning Ordinance. Mr. Milewski said it would be. He had other employment.

Councilman Smith felt that home occupations would continue to become more prevalent.

Councilman Smith moved to approve a conditional use permit and site plan for Mark Milewski for a home occupation in a multi-family structure at approximately 5223 South 1900 West, No. 41 subject to the recommendations of the Planning Commission and staff. Council-woman Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

RENEWAL OF CONTRACT WITH WASTE MANAGEMENT

Chris Davis stated that the City's current contract with Waste Management included two option periods. Waste Management had indicated it would waive the cost-of-living increase for 2001 if the City would extend its contract for another five years. Mr. Davis said the terms of the contract would remain the same. Roy City had a good rapport with Waste Management. Waste Management had come up with some good ideas, such as the dumpster program, and they had been very responsive to the City's concerns. The City had received very few complaints about their service. Therefore, the staff recommended that the City Council exercise its option and extend Waste Management's contract.

Councilman Tafoya asked if the increased gas price was covered in the contract. Chris Davis said it was not. The increase was temporary. The City Council could review that increase periodically.

Councilman Nakayu stated that the dumpster program was enjoyed by a lot of citizens. He asked Jim Jones, from Waste Management, if he had any suggestions about how to balance the cost of the dumpster program. Jim Jones said the City could manage the program however it wanted. He agreed that it was a popular program. It had been successful in every city that tried it.

Mayor Burnett allowed public comments.

Ann Workman was concerned about the dumpsters being eliminated at the shop after July 31st. Senior citizens usually did not have enough stuff to warrant reserving an entire dumpster, and they didn't have vehicles to haul their garbage a long way. She felt the City should keep dumpsters at the shop.

Councilman Smith moved to renew the contract with Waste Management for a 5-year term, and suggested that the Council review the temporary increase for gas during the next quarter. Councilman Cordova seconded the motion.

Councilman Cordova stated that the City Council had talked about a recycling program before. He asked Jim Jones to bring the City Council some options in the next few months. Jim Jones stated that the biggest problem with a recycling program in Weber County was the cost of transporting the recyclables to Salt Lake. Waste Management was exploring ways to reduce the transportation cost. They tried to keep the administration abreast of what was going on. Mr. Jones said the program used a 70-gallon trash can that was picked up every other week. Three years ago, they gave the City an estimate of 162 tons a month at $39.50 a ton.

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

Councilman Smith asked if it would be possible to use volunteers to manage the dumpsters at the shop, and whether the staff had looked into giving residents a one-time permit to the transfer station. Mike Mansfield didn't feel volunteers would be consistent enough. The staff had considered charging residents to use the dumpsters at the shop. Councilman Smith felt the staff needed to looked into alternatives to the dumpsters at the shop.

Mrs. Workman felt that removing the dumpsters at the shop would lead citizens to throw their garbage onto vacant land throughout the City.

Mayor Burnett stated that the cost for the dumpsters and waste removal had increased. The current garbage fee collected by the City did not cover the cost. Eliminating the dumpsters at the shop was one way to cut costs.

Mike Mansfield stated that the City needed to charge a fee to use the dumpsters, increase the garbage fee, or do both.

AWARD OF CONTRACT FOR 2001 CONCRETE REPLACEMENT PROJECT

Mike Mansfield stated that bids for the 2001 concrete replacement project were opened on May 31st. Three bids were received:

Craker & Sons Construction, Inc. $ 77,300.00
Advanced Paving 114,365.00
Stark Brothers 120,187.50

The City Engineer's estimate was $115,525.00. One hundred fifty thousand dollars ($150,000.00) had been budgeted in the Class C Road Fund). Because Craker & Sons was 47% lower than the next bidder and because the staff had never heard of them, the Public Works Department requested that they provide the City with more information about their firm and a list of references. The staff's research revealed that Craker & Sons was a fairly new business (2 years), but they did have adequate equipment and manpower for the required work. The staff contacted their references. All of their references (West Haven City, Landmark Surveying, and Geneva Rock Products) indicated that they had been satisfied with Craker & Sons' work.

Mr. Mansfield said that because Craker & Sons' unit prices were so low and the budgeted amount for the project was $150,000.00, the staff recommended that the City Council consider increasing the quantity of work. By so doing, considerably more sidewalk and curb and gutter could be installed. The staff recommended that the City Council award the contract for the 2001 concrete replacement project to Craker & Sons Construction for an amount not to exceed $150,000.00. Then the staff would have the flexibility to increase the quantity of work to the maximum amount budgeted without processing change orders. The contractor would only be paid for work requested by the City at his agreed-upon unit prices. Mr. Mansfield said the final cost of the concrete replacement project would vary between $77,300.00 and $150,000.00 depending upon how much additional concrete the City chose to replace.

Councilman Smith asked how far the City would get with the additional money. Mr. Mansfield felt the City would be able to double the amount of concrete replaced.

Councilman Tafoya asked if the Public Works Department had already identified the extra work to be done. Mr. Mansfield said it had.

Councilman Smith asked if Craker & Sons would guarantee their work for five years as they were a fairly new company. Mr. Mansfield said the City usually only required contractor's to warranty their work for one year.

Councilwoman Becraft asked about a section on the north side of 4400 South that did not have sidewalk. Mr. Mansfield said the City was planning to install sidewalk at that location this year.

Councilman Nakayu moved to award the contract for the 2001 concrete replacement project to Craker & Sons Construction, Inc. for an amount not to exceed $150,000.00, and to authorize the Mayor to sign the Notice of Award and Contract Agreement. Councilwoman Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

AWARD OF CONTRACT FOR CONSTRUCTION OF ADDITION TO FIRE STATION NO. 1

Fire Chief Ritchie stated that in response to the City's request for proposals, only one construction company - K.O.Z. Construction, Inc. - responded by the specified date and time. Additional proposals from Kier Construction Corporation and Big D Construction Corporation were received some time later. The low proposal of $195,294.00 was submitted by K.O.Z. Construction. The other proposals were Kier Construction - $265,000.00 and Big D Construction - $246,520.00. The budgeted amount was $185,000.00. Chief Ritchie said the staff recommended that the Council award the contract for the addition to Fire Station No. 1 to K.O.Z. Construction, Inc. for an amount not to exceed $195,294.00.

Councilman Cordova asked if Chief Ritchie knew why there was such a difference in the bid amounts. Chief Ritchie said the staff felt comfortable with K.O.Z. Construction. K.O.Z. had been through the fire station twice. There wasn't a difference in the contents of the three bids. K.O.Z. proposed to do the project in two phases, which Chief Ritchie felt would help keep the station's routine from being disrupted.

Councilwoman Becraft asked about the project's time frame. Chad Zito, K.O.Z. Construction, felt they would be able to complete the entire project in about four months. It would take three months to complete the first phase, and one month to do the second phase.

Councilman Smith asked if the addition addressed future growth within the Fire Department. Chief Ritchie said that it did.

Councilman Tafoya asked how Chief Ritchie planned to fund the $10,000.00 difference between the bid amount and the budgeted amount. Chief Ritchie hoped the difference would come from the General Fund. It would probably have to be addressed during the mid-year budget opening.

Councilman Tafoya moved to award the contract for the addition to Fire Station No. 1 to K.O.Z. Construction, Inc. for an amount not to exceed $195,294.00, and to authorize the Mayor to sign the Notice of Award and Contract Agreement. Councilman Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

APPROVAL OF RESOLUTION NO. 737 ADOPTING A NEW FEE SCHEDULE FOR EMERGENCY MEDICAL SERVICES PROVIDED BY ROY CITY

Fire Chief Ritchie stated that the Utah Department of Health, Bureau of Emergency Medical Services adjusted the maximum allowable rates for emergency medical services each July. Chief Ritchie recommended that the City Council adopt the new fee schedule for emergency medical services via Resolution No. 737. The rate changes would increase revenues approximately $30,000.00.

Current Rate Order Rate Increase

Basic Life Support $252.77 $276.03 $23.26

Advanced Life Support $502.40 $548.62 $46.22
(Paramedic Transport)

Contract Paramedic $157.99 $172.53 $14.54
Aboard Fee

Non Contract Paramedic $249.63 $272.59 $22.96

Emergency to scene $ 25.08 $ 27.39 $ 2.31

Non-Transport Fee $209.01 $228.24 $19.23*

Mileage $ 11.07 $ 12.09 $ 1.02

*In the past the City had only charged $40.00 for this service. Chief Ritchie recommended that the Non-Transport Fee remain at $40.00.

In response to a question from Councilman Smith, Chief Ritchie said that any fees/charges that were not covered, or the percentage which was not covered by Medicare, Medicaid and Blue Cross/Blue Shield, were written off bills for those who had that coverage.

Councilman Smith suggested that the senior citizens be educated about the emergency services available at reduced rates. Chief Ritchie said he would coordinate that through the Senior Citizens Director.

After a brief discussion, Councilwoman Becraft moved to approve Resolution No. 737 adopting a new fee schedule for emergency medical services provided by Roy City. Councilman Cordova seconded the motion. A roll call vote was taken: Council members Nakayu, Cordova, Tafoya, Becraft, and Smith voted "aye." The motion carried. (Copy filed for record).

APPROVAL OF RESOLUTION NO. 738 APPROVING AN INTERLOCAL AGREEMENT WITH WEBER COUNTY FOR PARAMEDIC SERVICES

Fire Chief Ritchie stated that the interlocal agreement with Weber County formalized the provision of paramedic services. The last contract had expired in 1999. The only change that needed to be made to the agreement was about insurance on the back-up unit.

Councilman Nakayu asked about the term of the agreement. Chief Ritchie said the agreement was be for five years.

Councilwoman Becraft asked that a typographical error on Page 4 be corrected.

Councilman Smith moved to approve Resolution No. 738 approving an interlocal agreement with Weber County for paramedic services subject to the corrections recommended by staff and Council. Councilwoman Becraft seconded the motion. A roll call vote was taken: Council members Smith, Cordova, Tafoya, Nakayu, and Becraft voted "aye." The motion carried. (Copy filed for record).

Chief Ritchie provided the City Council with an update on paramedic services in Riverdale.

CONSIDERATION OF ORDINANCE NO. 878 VACATING A DETENTION BASIN AND 20-FOOT ACCESS TO DETENTION BASIN EASEMENT ON LOT NO. 24 OF THE COLE ESTATES SUBDIVISION AT APPROXIMATELY 5057 SOUTH 3200 WEST

Mark Larson explained that the City Engineer had found a way to bypass the detention basin on Lot No. 24 in the Cole Estates Subdivision. Because it was no longer needed, the staff recommended that the City Council vacate the detention basin and its access easement, and establish normal easements for the subdivision of 25 feet along the rear property line and 10 feet on the north property line.

Councilman Cordova asked if the detention basin had ever been used. Allan Karras said it had not.

Councilman Tafoya moved to approve Ordinance No. 878 vacating a 47-foot detention basin and 20-foot access to detention basin easement on Lot No. 24 of the Cole Estates Subdivision. Councilman Nakayu seconded the motion. A roll call vote was taken: Council members Cordova; Tafoya; Becraft; Smith; and Nakayu voted "aye." The motion carried. (Copy filed for record).

APPROVAL OF RESOLUTION NO. 739 SUPPORTING THE BOND FOR THE NORTH DAVIS SEWER DISTRICT

Councilman Nakayu moved to approve Resolution No. 739 supporting the bond for the North Davis Sewer District. Councilman Cordova seconded the motion. A roll call vote was taken: Council members Nakayu; Becraft; Tafoya; Smith; and Cordova voted "aye." The motion carried. (Copy filed for record).

APPROVAL OF PROCLAMATION PROCLAIMING JULY 30TH AS "MANUFACTURER'S DAY"

Mayor Burnett read the Proclamation on "Manufacturer's Day."

Councilman Smith moved to approve the proclamation. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

2A. CONSIDERATION OF A CONDITIONAL USE PERMIT AND SITE PLAN FOR WEBER STATE UNIVERSITY FOR AN EXTENSION CENTER AT APPROXIMATELY 5627 SOUTH 3500 WEST TABLED

Mayor Burnett stated that the staff had requested that this item be pulled from the Consent Agenda because the information requested by the Planning Commission had not been provided by the petitioner.

Chris Davis stated that the Planning Commission minutes of July 10th indicated that the staff had been directed to review the parking of the Roy Crossroads Plaza before the City Council heard Weber State University's (WSU) request for a conditional use permit. Some of the information requested by the staff had not been provided by the petitioner. Mr. Davis said that parking was an issue, but it was not the only issue. The staff recommended that the City Council table consideration of WSU's conditional use permit until the next meeting in order for the staff to be able to make a proper recommendation.

Mr. Davis said the Roy Crossroads Plaza had been a successful commercial endeavor. The parking for the overall center was sufficient. However, where the parking was located in relation to the stores was a challenge. Because this was a conditional use permit, the staff might have conditions for the Council to consider to help address concerns. Mr. Davis reminded the City Council about the parking issue with Domino's, which was in the same plaza. The staff wanted to encourage WSU to come to Roy, but it didn't want to create an ingress/egress problem. At this time, the staff was not comfortable making a recommendation to the City Council.

Dave Van Dyke, Sky Properties, stated that the Planning Commission and staff had the original, approved site plan, and they had the ability to count parking stalls. He had given the staff their plans at the Planning Commission meeting. The staff also had the Uniform Building Code to help determine the occupancy load. The City had a parking requirement for educational uses. The Planning Commission was given the number of anticipated students. Mr. Van Dyke felt that was adequate information for the staff to make a recommendation to the City Council. He had copies of Sky Properties' lease agreement with WSU regarding parking restrictions. He felt that information would allow the City Council to make an informed decision. Mr. Van Dyke did not feel he should be hindered because the staff had not pursued the information it had.

Chris Davis stated that the information Mr. Van Dyke had for the Council had not been reviewed by the staff.

Dave Van Dyke stated that Sky Properties needed to begin construction so that WSU would be ready for fall classes on August 27th.

Councilman Smith stated that the Planning Commission did recommend that the staff review the parking. He asked the representative from WSU if they could meet the August 27th deadline if the City Council delayed making a decision until August 7th.

Brian Stecklein, Weber State University, did not feel an August 7th decision would allow them to be ready for classes on August 27th because of the time needed to order furniture.

Councilman Smith asked what WSU would do if it could not be ready for fall classes. Mr. Stecklein said they would continue to hold classes at Roy High School as they had done for several years.

Councilman Smith moved to table consideration of a conditional use permit for Weber State University at 5627 South 3500 West until August 7th in order to allow the staff to provide the information necessary for the Council to make a decision.

Councilman Cordova asked why the staff was so concerned about parking.

Chris Davis stated that there were 36 parking stalls in front of the L-shaped building where WSU was proposing to locate. Sky Properties was proposing to design a main entrance for WSU that would be accessed from the rear of the L-shaped building. WSU's secondary door would then be the front door. The staff needed to discuss making that an emergency access door with the Fire Department.

Brian Stecklein stated that WSU had dealt with parking restrictions before. Their students were usually pretty good about abiding by those restrictions. WSU was willing to educate their students about the parking restrictions. However, they could not guarantee that 100% of their students would comply.

Dave Van Dyke stated that Domino's had made some changes, and their delivery drivers were now parking in the rear.

Dave Collins, Building Official, stated that during the Planning Commission meeting, the staff had discussed the different occupancy loads for retail space versus educational space. The staff asked then that Sky Properties provide the staff with further information, which they had not done. The staff did not have the information necessary to provide the City Council with an appropriate recommendation.

Dave Van Dyke stated that Mr. Collins' concerns related to the building plans and would be addressed by the Uniform Building Code. They didn't relate to the conditional use permit.

Councilman Smith stated that there was not a question about whether the City wanted to have WSU in the City. There was some question about the appropriate conditions.

After further discussion, Chris Davis stated that the Roy Crossroads Plaza was a planned development, and WSU was a conditional use. The City Council might require more than the 1 parking space for every 3.5 students specified in the Zoning Ordinance. It was more likely that the Council would require one parking space for every 1 or 1.5 students. Mr. Davis asked if Mr. Stecklein would meet the August 27th deadline for the fall semester if the Council approved WSU's conditional use permit at this meeting. Mr. Stecklein said it would be close. There was no guarantee he would have furniture in time.

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

APPROVAL OF MASTER PLAN FOR SOUTHWEST PARK

Tom Hanson, Park and Recreation Director, presented the master plan for Southwest Park to the City Council. He said the equestrian facility would remain temporarily. The staff planned to work on the south half of the park first. The park would be bid out in two phases. Once it was bid, the staff would do as much as the City could afford. The rest of the park would be completed as money was available. Mr. Hanson explained what the staff hoped to complete in the first phase.

Councilman Cordova asked if 177 parking spaces would be adequate. Mr. Hanson said he would check to make sure the amount of parking was appropriate for a park the size of Southwest Park.

Mayor Burnett asked if the staff was still planning to use the small parking lot on the east side as a retention basin for sewage. Mr. Hanson said it was.

Councilman Tafoya moved to approve the master plan for Southwest Park as presented. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried. (Copy filed for record).

MAYOR AND COUNCIL REPORTS

Chris Davis reminded the City Council about the employee baseball game on July 31st at 5:30 p.m.

Chris Davis said he would put a list of Roy Days events in the Council members' boxes.

Chris Davis updated the City Council on the status of the deannexation from the Hooper Water District. The City had received a legal description from the City Engineer. The City was waiting for information from the water district's attorney. Mr. Jedd was concerned that the drop-dead date was rapidly approaching, and that Roy citizens would have to pay Hooper Water District about $50,000 for services not received.

Chris Davis stated that he had spoken with the realtor handling the purchase of the golf course. They hoped to close by the end of September.

Councilwoman Becraft asked about the banner poles on 1900 West. Chris Davis said the poles would be up so a Roy Days banner could be hung.

Chris Davis updated the City Council on the Boman & Kemp development at the Ogden Airport. He indicated that Ogden City wanted to annex the portion of the airport that was in Roy City. Mayor Burnett said that Mayor Godfrey was planning to make a presentation to the City Council on a proposed boundary change.

Councilman Tafoya asked where Salmon Bake tickets could be purchased. Chris Davis said they could be purchased at the banks, Harmons, or the City offices.

Councilman Smith felt it would be good to advertise the new state office building being constructed in Roy. Councilman Cordova suggested that new businesses be listed in the newsletter.

Councilwoman Becraft moved to adjourn at 8:30 p.m. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

1. Council to review Waste Management's temporary increase for gas during the next quarter.
2. Waste Management to provide the City Council with prices for a recycling program.
3. Staff to look into alternatives to the dumpsters at the shop.