Council member Becraft stated on page 7, 5 paragraphs down, it should read Council member Nakayu asked how many acres would be required for the posse grounds. Council member Cordova stated that on page 6, third paragraph down the question was asked by himself as to how many plots were available in the cemetery. Council member Nakayu stated that in the approval of the minutes of April 16, James Motsemori is spelled Matsumori.

Council member Cordova moved to approve the minutes as amended for May 1, 2001. Council member Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith and Tafoya voted "aye." The motion carried.

CONSENT AGENDA:

(a) FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR BERWICK VILLAGE PRUD SUBDIVISION AT APPROXIMATELY 5125 SOUTH AIRPORT ROAD

Council member Nakayu moved to approve the consent agenda consisting of the final acceptance of subdivision improvements for Berwick Village PRUD Subdivision at approximately 5125 South Airport Road. Council member Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith and Tafoya voted "aye." The motion carried.

Mayor Burnett stated that both Al Poppell and Ray Alvey are retiring from the Planning Commission. Brad Beyeler will replace Commissioner Poppell, and Brad Hilton will replace Commissioner Alvey. Mayor Burnett interviewed both candidates, and presented their names to the Council for approval as new Planning Commission members.

Council member Nakayu moved to concur with the Mayor's appointments to the Planning Commission. Council member Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith and Tafoya voted "aye." The motion carried.

Shauna Thomas showed the City Council pictures of West Haven's and Hooper's posse grounds, and how they have worked it into their parks. Mrs. Thomas stated that Hooper's arena has been in existence for 111 years, and West Haven's is 6 years old. Mrs. Thomas stated that she is concerned that the arena has been left out of the new Southwest Park. She stated that there was a design drafted in 1995 which had the arena in the park.

Mrs. Thomas stated that at the last Council meeting she gave Council members a copy of the Weber County Commission minutes from 1964 and 1965 that shows that Weber County sold land to Roy City for $10,000, well under the $58,000 appraised value. She stated that the minutes showed this land was earmarked for "recreational purposes, Roy Junior Posse."

Mrs. Thomas stated that they have been at two locations at the Southwest Park. The first location was where the soccer field is now at the East end, and Roy City approached the Posse and asked them to move to their present location so the city could start developing the park.

Mrs. Thomas stated that the land owned by Dale Hancock would not be feasible for the new posse grounds because the only access would be off 5600 South, which would be difficult for horse trailers to cross. She stated that the arena would be disturbed if put at this location when the Bear River pipeline came through the property in the future. The lease would end in 8 years, and Mr. Hancock would have the opportunity to buy back the lease at fair market value. Mrs. Thomas also stated that sand would most likely have to be brought in to this location to build up the arena at a greater cost to the city.

Merl Thurgood, Chairman of the Horse Council for the state of Utah, stated the horse industry is a highly diversified industry which supports a wide variety of activities in all regions of the country. There are 6.9 million horses in the United States, with 7.1 million people involved in the industry. The horse industry directly produces goods and services of 25.3 billion dollars, and has a total impact of 112.1 billion dollars the gross domestic products. Today there are 250,000 horses in the state of Utah; Weber County has 11.86% of these horses. There are many children who belong to these rodeos and posses, and later grow up to be outstanding citizens.

Shauna Thomas stated that she would like the Council to earmark money in the 2002 budget for the Roy arena. She also stated that she would like a commitment from the Council that they would be allowed to stay at Southwest Park or be relocated to an area that is agreeable to the organization. Mrs. Thomas stated that she wanted to be sure there were consecutive years the posse would have an arena, without having a dead year in between.

Council member Cordova stated that he spoke with Mrs. Thomas about 3 different locations for the arena--the parcel leased by Hancock, and two other parcels that can be leased from Pacificorp. Mrs. Thomas stated that she looked at the parcels, and the power poles are too large to allow for an arena and parking together.

Vern Thompson stated he was one of the people who organized the first Roy Junior Posse. Mr. Thompson met with the County Commissioners at that time and discussed purchasing the property West of 2500 West between 5200 and 5600 South. Mr. Thompson stated that it was verbally agreed that it would be used as a posse grounds, park, and holding pond for the city. The park and the posse grounds were not built, but the posse practiced there for 2 years without any facilities. When Joe Dawson was mayor, this land was sold as a housing development. He stated that the city has a moral obligation to furnish the posse an arena in which to ride.

Mayor Burnett thanked Mr. Thompson for offering to sell some of his own land in which to build an arena. Mayor Burnett stated that the Council is considering Mr. Thompson's offer.

LaReta Thomas stated that she was one of the leaders who helped to make the negotiation on the land mentioned by Mr. Thompson. Mrs. Thomas stated that the posse agreed to go down to the location they are in now when the land was sold near 2500 West. She stated they worked hard to make this arena nice for the posse, and asked the Council to leave it at its present location.

Kyle McEntire, 10, and a member of the posse, stated that West Haven, Ogden, and Hooper have their arenas, and he would like to keep the arena where it is at.

Shauna Thomas asked the Council about when a decision would be forthcoming. Mr. Wahlen stated that the final budget will be adopted on June 5. Mr. Wahlen stated that the staff needs to take a look at the lease held by Mr. Hancock to see if it is feasible, a copy of Pacificorp leases, when the pipeline will be constructed, and all the issues pertaining to these locations in order to make an informed decision.

Mrs. Thomas again stated that they wanted to be in the budget for 2002. Mrs. Thomas stated that if they were moved, there would be a lot more expenses incurred to bring in sand and the con-struction of a road to the arena. Mr. Wahlen asked Mrs. Thomas that if they were moved, was she asking for money in the budget to be allocated for the moving expenses. Mrs. Thomas stated that was what she would like to have happen if they were not going to be allowed to stay in the present location.

Council member Smith moved to have the staff do the planning, make an assessment, and report back to the Council before the budget is finalized in June.

Council member Cordova asked if the arena had ever been put into the design for the new Southwest Park. Mr. Wahlen stated that it had not been considered in the most recent design of the park. Mr. Wahlen stated that the 1995 design for the park did include the posse grounds, but that they were led to believe that the 3 acres across the street would be part of the posse grounds.

Council member Tafoya seconded the motion.

Carl Stegen, 4541 South 2075 West, Roy, asked how many people in the association are actually residents of Roy. Shauna Thomas stated that it was immaterial because 50% of the people who use the Roy Recreation Complex are not members of the city, and 75% of the children in AYSO soccer are not Roy residents who use the Roy City soccer fields. Mrs. Thomas stated that of the 210 people who use the arena, 35 are from Roy. Mr. Stegen asked that the Council to address the concerns of the taxpayers of the city if it is a county function. Shauna Thomas stated that Roy City has not had to contribute money for grooming and upkeep of the arena for the past 2 years.

Council member Nakayu asked if the intent of the motion was to create a line item, or would it be better to have that associated with a council contingency. Council member Smith stated that the motion was basically to reevaluate and give the council a recommendation. Council member Smith stated that in his opinion it could be done without including anything in the budget. Council member Nakayu asked if the motion at this point was to modify the budget, and Council member Smith said that it was not.

Council member Nakayu stated that he would like to have the Southwest Park committee revisited in light of the information now available about the use of the property outside the city. Council member Tafoya stated that he would ask the staff to reconvene the Southwest Park Committee, and bring their recommendations back to the Council.

Council member Cordova asked Mr. Wahlen what the reasons were that Hooper did not want an arena built there. Mr. Wahlen stated that when we realized that there was not enough acreage for an arena, the second question was not brought up.

Mayor Burnett stated that a motion and second had been made on the issue, and asked for a vote in favor of revisiting the issue. Council members Becraft, Cordova, Nakayu, Smith and Tafoya voted "aye." The motion carried.

Mayor Burnett stated that he interviewed 4 individuals for this position: 2 of these people lived in the affected area, and 1 lived by Jorgensen's Book store. The two people who lived in the affected area were inexperienced, but concerned citizens who wanted to volunteer their time to help with this issue. The fourth individual was a graduate in geology, geography, and worked for the State Division of Air Quality. Mayor Burnett stated that it was his recommendation that the 2 people who are affected by the plume serve as the representatives of the city on this board.

The names of these 2 people are: Rita Painter and Myron "Mike" Perry.

Council member Nakayu moved to concur with the Mayor's appointment of Rita Painter and Myron "Mike" Perry to serve on the Hill Air Force Base Restoration Advisory Board. Council member Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Chris Davis stated that Resolution No. 728 provides that fees can be set by resolution. Ogden's fees for their sexually-oriented business charges $87.50 for each business employee, and Clearfield charges $37.00 for each employee and $300 for their business license. Mayor Burnett stated that there are limits set in Roy's ordinance for these fees. Mr. Davis recommended that the amount for each employee be between $25-30, and the business license fee set at $200. The Council asked Mr. Davis if he would be comfortable with a fee of $50 per employee as the fee, and $200 for the business license. Mr. Davis stated that those would be acceptable.

Chris Davis stated that he talked to the County Recorder's Office, and a letter will be sent out this week to the 1400 residents affected by the Hooper Water taxation.

Council member Cordova stated that he met with Bob Collier, manager of Utah Power, concerning a location for poles located across from the fire department and the Royal Greens sign. The poles are existing, but will need to be removed from their present locations.

Council member Smith stated there are 25 days left for some movement on the beautification of the entry ways to Roy City. Mayor Burnett stated that he talked to Mike, and it will probably be 45 days, less the sign, to be complete.

Council member Nakayu stated that the Historical Foundation would like to use Saturday, July 14 as the date for their annual museum cleanup. They will be promoting the event through the city, and would like some participation from city residents. Council member Nakayu also stated the art show would be extended to the week prior to Roy Days, as well as the week of Roy Days.

Mayor Burnett stated that a visitor information pamphlet for the Olympics will be made showing surrounding cities and their attractions. It has been requested that Roy City supply some information for this pamphlet. The Mayor asked if this could be presented to the Museum Board to get this information to the Olympic Committee requesting it. Council member Nakayu stated that he would pass that along to the Museum Board.

Council member Cordova asked Blake Wahlen if 3500 West near Pony Acres if anything could be done where the road narrows and widens. Mr. Wahlen stated that a letter could be written to the director of UDOT and signed by the Mayor concerning this.

Council member Becraft stated that last Saturday a group of residents hauled rocks for the river bed in Sand Ridge Park. Mayor Burnett commended the staff for the effort that was put into this project.

Council member Smith recommended that the Council recognize the service of Al Poppell and Ray Alvey on the Planning Commission.

Council member Nakayu moved to go into a public hearing at 7:30 p.m. Council member Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Randy Sant, consultant for the Redevelopment Agency, spoke to the Council and property owners. He stated that the City Council serves as the Board of Directors of the RDA. Mr. Sant stated that it is required by the state statute that the legislative body of the city must serve as the directors of the RDA.

Randy Sant stated the first public hearing was held concerning the issue of blight, and whether the project area being created meets the state statutes of blight. Since that hearing, there have been some development that has occurred in that area. Mr. Sant asked Gary Jones, the blight consultant, to go back into the area and see if we still meet the qualifications of blight. Mr. Jones noted there were 6 parcels that have been developed since he did the study--5 of the parcels are where the Common Cents store is, and the other is where the Atlantis Burger is located. Mr. Jones stated in the letter that we are still considered a blighted area.

Mr. Sant stated that it is required by law to send out a 30 day notice to property owners, contiguous property owners, and businesses concerning the public hearing. Also, a notice was published in the paper for 4 weeks, and documents were available for owners. The Planning Commission has reviewed this preliminary plan, and has recommended that the City Council adopt this as one of their goals.

The purpose of this public hearing is to determine whether or not Roy City Council and Roy City Redevelopment Agency should adopt this as a Redevelopment Plan. If it is decided that the owners and the Council want to adopt this plan, then there will be a series of resolutions to adopt. Once these are adopted, a recording statement will be created with the county recorder.

Mr. Sant stated that it is the property owner that will be the most affected by the plan, and the contiguous property owner will not be affected by the plan because they are outside of the area. Property owners have several rights: the right to protest their property being included in this project area, the right to stand and approve this plan; and the right to ask for any amendments to the plan.

The Redevelopment Plan is like a general master plan of the city and has specific things the Redevelopment law requires to be included: a description of boundaries, an attachment of the map, and to outline specific ways the city will eliminate the blighted conditions. Mr. Sant stressed that there is no developer for this project, and it would be very difficult to obtain one because of the lot sizes of the property involved. The Redevelopment Agency would like to improve some of the properties in order for this area to meet its potential.

The tool of the Redevelopment Agency is tax increment financing. Mr. Sant cited the Common Cents store as an example. Before it was built, the existing property had an existing tax base which was not very high. When the Common Cents store was built, there has been an increase in the property tax. The Redevelopment Agency can then take that increase in the property tax and can use it to help improve the area. As new development occurs, the property taxes will increase, and the RDA will capture that tax increment to help other businesses. Mr. Sant stated that the money garnered from these taxes has to be spent within the project area.

Mr. Sant stated that even if this plan is created tonight, it is not official until a budget is approved. There probably would not be any increment in this area for a few years. Mr. Sant recommended to the Council that a loan be made from other project areas in order for this area to have some immediate funds to begin improvement.

The plan also has owner participation rules: property owners have the right to develop property on their own, the right to sell their property to whoever they want, and the right to come to the agency and negotiate a price. Mr. Sant stated the relocation rules associated with this agency: if the Redevelopment Agency buys a piece of property, then the RDA has to relocate the business that is on that property, and to help the property owner find another location and to help pay for the cost associated with moving that business. If a home is purchased by the RDA, the owner has the right to ask the agency to help them find another home. This only applies if the RDA buys these properties.

The RDA and the city are two separate entities, but will be allowed under the law to work with each other in improving this area. Mr. Sant stated that under the state statute if 40% of the owners of the area protest, and the plan isn't amended to eliminate that protest, the only way this plan can move forward is to put it on the ballot. If 66% or more protest and it is not eliminated, then this plan cannot be considered for 3 years.

Mayor Burnett stated that everyone has an equal vote, whether it be property owners, contiguous property owner, or a business; however, the city will keep track of property owners because of the 40% and 66% rule. Mayor Burnett stated that the area that is being considered for this redevelopment are various pieces of property from the South city border to approximately the Dilly Dally building in Harmons Parking lot. The boundary has been extended to the UDOT right of way on the west side of 1900.

Council member Cordova asked Mr. Sant what the life of an RDA project was. Mr. Sant stated that development must be started in the area within 3 years of its adoption. The RDA plan cannot last any longer than 25 years, but is also subject to what the tax agency committee will approve as far as financing. There are two options available: the RDA Board of Directors can ask for 75% of the tax increments for 20 years, or take 80% of the increment for 15 years. The

other 20% goes for affordable housing. Mr. Sant stated that it is his recommendation that the RDA board takes 80% of the increment for 15 years.

Glen McEntire, property owner at 5710 S. 1900 W (rear), asked Mr. Sant what the expected tax increments would be in the next 15 years. Mr. Sant stated that it depends on the kind of development that occurs in the area. Mr. Sant stated that looking at the potential of the area, it should generate an estimated $60,000 - $75,000 yearly increment.

Chris Davis stated that the difference of the value of a property today and what it would be when it is developed becomes the tax increment. Mr. Davis stated that the tax increment is not the amount that the property owner is paying today as property taxes.

Mr. McEntire asked if the city had existing ordinances to take care of blighted areas. Mr Davis stated that certain kinds of blight can be helped; i.e., high weeds, junk, etc.

Bill Stevens, 5798 S. 1900 W. and 5808 S. 1900 W., asked if the redevelopment plan would make it more difficult for owners to conform to city ordinances. Mr. Sant stated that the RDA had no control over existing zoning or land use ordinances, but the RDA could help put landscaping in, or help improve the property. The advantage of the RDA would be that the agency could help the property owner meet the requirements of the city ordinances. Mr. Stevens asked if a developer bought the property, would a professional appraiser come and appraise the property. Mr. Sant stated that the RDA is required by law to have an MAI appraiser appraise the property if it were to be purchased by the RDA.

Valene Parks, 5982 S. 1900 W., asked that since Atlantis Burger and Common Cents were established and the RDA isn't, then the tax increments for these business would not be a viable part of this redevelopment. Mr. Sant stated that this was not a correct assessment--the RDA law says that if this project area is created before October 31, it goes back to the last equalized assessment role, which is November 30, 2000. The RDA would be able to collect tax assessments from these two developments if this is created by October 31. Ms. Parks asked Mr. Sant if there were other members of the RDA board outside of the City Council, and Mr. Sant said that there were not. Ms. Parks stated that their building had been renovated on the inside and landscaped on the outside. She asked if all of the areas had been assessed in the redevelopment area. Mr. Sant stated that every piece of property had been assessed for blight. Mr. Sant stated that the buildings weren't physically entered, because that becomes judgmental; only the exterior is looked at for blight.

G.R. Oleson, 5464 S. 1900 W to 5520 S. 1900 W., stated that he would like the city to put in curb and gutter and sidewalks along the west side of the railroad tracks which would allow him to develop his property.

Mr. McEntire asked if the RDA had eminent domain, and Mr. Davis stated that it exists in this plan. Mr. Sant stated that the power of eminent domain is for the benefit of the property owner.

Carlos Tipiani, 5978 S. 1900 W., asked if they were to tear down their building, would they be out of the RDA zone. Mr. Sant stated that it didn't have anything to do with their building--the RDA is a tool to help provide a financial system to help improve our property. If you want to build a new building, you have the right as a property owner to develop the property as you see fit.

Mayor Burnett stated that the reason for the establishment of an RDA is we wanted to do something for the downtown area. We realize this is the only way to help this designated area with the blight that is there.

Mr. McEntire asked if there were any tax benefits given to Common Cents, and Mayor Burnett stated that there were none given.

Council member Cordova stated that the only reason the RDA is being considered is to help the property owner with added incentive to help develop their property. If the property owner doesn't want help in developing it, that is fine. It is not the intention of forcing the property owner to do anything they don't want done.

Mr. McEntire stated that the money that is collected from these properties would not go into the city for other purposes, but would stay with the RDA to be put back into these properties. Mr. Davis stated that it doesn't pay for police or fire, but is used to benefit this particular project area.
Joe Granducci, 5322 S. 2100 W, and 5468 S. 1900 W., stated he was representing the taxpayers of the city, and the people who would pay the amount of money necessary to make up the tax increment increase. He stated that it was his rent that would be raised in order to improve and build new buildings. He stated that he would like the wording in the ordinance to read that it is the intention of the RDA not to use eminent domain, and the intent would be only to support business owners. Mr. Granducci stated that there was still some debt owed to the city from Marketplace Plaza. Mr. Granducci also stated that the city had a moral obligation to improve the road behind the Marketplace Plaza for easier access for fire trucks, delivery trucks, and access off of 5600 S.

Mr. Davis stated that Marketplace Plaza has no debt, and no tax increment will be taken from them. Mr. Davis stated that the City would like to improve the roadway behind the Plaza, but all attempts to contact the railroad have failed.

Al Rawdon, 5832 S. 1900 W., asked if it was possible to use these funds and move the businesses to a different area in this redevelopment agency so a road could be built there. Chris Davis stated that it was possible, but it was not plausible financially. Mr. Davis stated that this road is primarily used for trucks to have access to Marketplace Plaza, and not for customers to have access to businesses.

Council member Nakayu stated the RDA project is a benefit for the property owners, for the city, and for the business that are in this project area. If we create the RDA project area, there's an opportunity to take advantage of the tax increment. If nothing is done, the taxes will go to the entities that are taxing, and the money will be lost to improve the area.

Randy Sant stated this is a unique, specific district that will be extremely difficult to find a developer that will come in and carry this. We are relying on the property owners to help develop. Mr. Sant stated that if the eminent domain is eliminated, a benefit to the property owner will be taken away. Mr. Sant advised the property owners to keep this in the ordinance as a protection for the owners.

Glen McEntire stated that he wanted to support the City Council, but was told a few months ago by the same Council that he could not start a new business where he is at. The Council and City Attorney reassured him that as long as the property was used for its current purpose, then the city would not require any improvements to the property. However, if Mr. McEntire chooses to introduce a new use or to sell it to someone who would introduce a new use, then that new use would have to comply with zoning regulations and ordinances that might be in force at that time. Mr. McEntire then said based on that understanding, he supports the Council's efforts with the RDA.

Mr. Stephens stated he had a piece of property on the East side of the freeway by the overpass that he can't reach. Mr. Nakayu asked Mr. Stephens if he wanted this to be added to the RDA project area. Mr. Stephens stated that he did want that included.

Mr. Stephens stated that he felt a written vote should be taken from just the property owners as to whether they wanted the RDA project. Chris Davis stated that the law doesn't say a certain amount of people need to vote for this, but that a public hearing be held and owners can come and publicly state their approval or disapproval for this project.

Mr. Sant stated that Mr. Stephens needs to read the documents for the RDA, and if he still has problems with it, then the RDA will do an owner participation agreement with him to put in the agreement what he wants and what he doesn't want the RDA to do.

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

Council member Tafoya moved to recess to a Redevelopment Agency meeting. Council member Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Council member Smith moved to reconvene to a City Council meeting. Council member Nakayu seconded the motion. Council members Becraft, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Randy Sant stated the City Council has to adopt this ordinance as well as the RDA. After June this ordinance will become a resolution.

Council member Nakayu moved to adopt Ordinance No. 880 adopting Owner Participation Rules for 1900 West Redevelopment Project Area. Council member Smith seconded the motion. A roll call vote was taken: Council members Tafoya, Nakayu, Cordova, Becraft, and Smith voted "aye." The motion carried.

Mr. Sant stated this resolution basically says the Council found less than 40 owners of the private owned property protest, and any and all objections that might have been made at the public hearing were overruled.

Council member Tafoya moved to approve Resolution No. 729, a Resolution determining level of opposition to the 1900 West Redevelopment Project Area. Council member Cordova seconded the motion. A roll call vote was taken: Council members Becraft, Cordova, Nakayu, Tafoya, and Smith voted "aye." The motion carried.

Council member Becraft moved to approve Ordinance No. 881 formally adopting the 1900 West Redevelopment Project Area Redevelopment Plan. Council member Smith seconded the motion. A roll call vote was taken: Tafoya, Becraft, Cordova, Smith, and Nakayu voted "aye." The motion carried.

Council member Becraft moved to adjourn the meeting at 10:00 p.m. Council member Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith and Tafoya voted "aye." The motion carried.