APPROVAL OF JULY 18, 2002, MINUTES

Councilwoman Becraft made a correction to Page 9, item number 10 (granting a Class B beer license to Royal Dragon Restaurant. She clarified that she voted "aye," and Councilman Tanner voted "nay."

Councilman Smith moved to approve the minutes of July 2, 2002, with the above correction. Councilman Tanner seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

APPROVAL OF PROCLAMATION PROCLAIMING AUGUST 4 AS NATIONAL KIDS DAY

National Kids Day is a special day set aside on the first Sunday in August each year to emphasize the importance of meaningful time spent with children on this day and every day, all year long. The National Kids Day Alliance is working to establish National Kids Day on the national calendar. The National Kids Day Alliance is comprised of Boys & Girls Clubs of America, 4-H, KidsPeace, and YMCA. A representative from the Boys and Girls Club was unable to attend the meeting and asked that either Councilman Cordova or Chris Zimmerman accept the plaque in their behalf. Councilman Cordova is the new chairman of the Boys & Girls Club. He reported that 200 kids have signed up for the summer program.

Councilwoman Becraft moved to approve August 4, 2002 as National Kids Day. Councilman Cordova seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

APPROVAL OF THE CONSENT AGENDA

Councilman Tafoya moved to approve the consent agenda consisting of: Set a public hearing for August 6, 2002, at 6:30 p.m. to receive input on the updated General Plan and to consider adoption of said plan. Councilman Smith seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

CONSIDERATION OF AMENDMENT TO ORDINANCE NO. 897 APPROVING A REZONE OF PROPERTY LOCATED AT APPROXIMATELY 3200 WEST 6000 SOUTH, ROY, UTAH FROM AN RE-20 DESIGNATION TO AN R-1-8 DESIGNATION (DAY REZONE)

Chris Zimmerman reminded the Council that the Day Rezone was tabled on July 2 due to concerns that the development may be in the path of the plume in the future. The request was that the staff review possible solutions to the notification process of potential buyers in a new development. The Day Subdivision is located approximately 1800' from the western edge of the plume. It is estimated that the plume is traveling 300' per year with projections that he flow is decreasing each year. The Day Subdivision is not in the direct line of the plume, however, it is possible that as the plume continues west, it may possibly reach the subdivision within 6-7 years.

The Roy City Staff recommends that; 1) The General Plan for Roy City contains a section on Physical Environment and Hazards along with accompanying maps. Issues such as flood plains, soils, sensitive lands and potential natural hazards would all be contained in this section. In addition, potential industrial pollution hazards would also be discussed concerning the issue with TCE and the HAFB Plume. This information would be made available to all citizens via the web site or through public visits. 2) Subdivision plats and building plans in Roy City, when applicable, may be stamped with the following comment: "This subdivision is located within or near a Sensitive Land Area of Roy City. See the Roy City General Plan for more information." This would serve as the City's notification to builders and potential owners, concerning any sensitive land issue. 3) Any further notification to potential buyers of property concerning any of these sensitive land issues should be handled by the seller of the property. Mr. Zimmerman reported that he felt this was a good solution to the plume problem. He stated that the City needs to be cautious about labeling land as hazardous.

Councilman Cordova asked if buyers generally see the plat and become aware of such information. Mr. Zimmerman stated that the plat accompanies the title to the home and although the City can't guarantee that the buyers read all of the information, it is made available to them.

Councilman Smith asked if the policy would include future development only or if it would include existing homes that are not yet affected by the plume. Steve Hicken, from HAFB, stated that they are attempting to make all homeowners in the path of the plume aware of the potential contamination of TCE and it is their responsibility as a homeowner to make any potential buyer of their home aware of the contamination. Councilman Smith asked for clarification that the City is not responsible for notifying all home buyers of the potential contamination. Chris Davis stated that re-recording the plat is not reasonable and that it's the realtor's obligation to fill out the disclosure statement that accompanies the sale of a home or property. Chris Zimmerman stated that it's the City's responsibility to take care of future development. Councilman Smith felt that it is important to inform current homeowners that they are obligated to disclose information about TCE contamination and all sensitive land issues upon the sale of their home or property. Mr. Zimmerman stated that the City could put an article in the newsletter regarding this issue.

Councilman Tafoya moved to accept Ordinance No. 897 approving a rezone of property located at approximately 3200 West 6000 South from an RE-20 designation to an R-1-8 designation with the addition that information regarding all sensitive land issues be stamped on the plat. Councilman Tanner seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

PRELIMINARY APPROVAL OF DAY SPRING SUBDIVISION LOCATED AT APPROXIMATELY 3200 WEST 6000 SOUTH

Chris Zimmerman recommended approval of the Day Spring Subdivision and asked if there were any comments or questions from the Council or the public. There were none.

Councilman Cordova moved to grant preliminary approval of Day Spring Subdivision located at approximately 3200 West 6000 South. Councilman Smith seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

FINAL APPROVAL OF KENT'S, A COMMERCIAL SUBDIVISION LOCATED AT APPROXIMATELY 3500 WEST 5600 SOUTH

Kent Beckstrom's site plan and conditional use permit have been approved by the City Council and Planning Commission previously. Mr. Beckstrom is now requesting that the Council grant approval of the revised subdivision plat containing 11 lots on approximately 13 acres. Chris Zimmerman stated that it is time to record the subdivision as Mr. Beckstrom is preparing to sale the parcels of land. Mr. Zimmerman stated that the subdivision may continue to change as it is possible that each parcel may be sold to a separate company or if requested, a company may purchase more than one parcel. He stated that all storm drain issues have been taken care of and the City has approved the landscaping plans, parking, and the like architecture that will exist. Mr. Zimmerman stated that the developers have requested that when a plan is presented, it be quickly reviewed and approved.

Councilman Tafoya asked if the issue of signage has been worked out. Jeff Randall from Great Basin Engineering presented the plans for the signs. He stated that two pole signs are currently present; one at each entrance, and each business will be allowed one monument sign. Mr. Randall showed the plans for the monuments signs, with architectural detail, to the Council.

Councilwoman Becraft moved to accept final approval of Kent's, a commercial subdivision located at approximately 3500 West 5600 South. Councilman Tanner seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

CONSIDERATION OF A CONDITIONAL USE PERMIT AND SITE PLAN FOR ARCTIC CIRCLE FOR A FAST-FOOD RESTAURANT LOCATED AT APPROXIMATELY 3552 WEST 5600 SOUTH

Joe Totorica has requested a conditional use permit and site plan approval for an Arctic Circle Restaurant to be located at approximately 3552 West 5600 South. Mr. Totorica is proposing to build a 3,360 square foot restaurant with a play zone. The building will have a brick and masonry exterior. Chris Zimmerman stated that all parking and landscape issues had been addressed and taken care of. He stated that the brick will match the brick on Kent's Grocery Store and the roof was modified to match the landscape signs. The Planning Commission recommended approval.

Councilwoman Becraft asked what the time line would be. Mr. Totorica stated that he would like the restaurant to be open by the first of October.

Councilman Tafoya moved to approve a conditional use permit and site plan for Arctic Circle for a fast-food restaurant located at approximately 3552 West 5600 South. Councilman Smith seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

CONSIDERATION OF A CONDITIONAL USE PERMIT AND SITE PLAN FOR MAVERIK FOR A CONVENIENCE STORE LOCATED AT APPROXIMATELY 3518 WEST 5600 SOUTH

Consideration of a conditional use permit and site plan for Maverik has been tabled until the developers can meet. Mr. Dan Murray, who requested the conditional use permit and site plan, is also out of town and unable to address any concerns the Council may have.

Councilman Cordova expressed concern over a gas station being next to a substation. Chris Zimmerman stated that Mr. Murray could address those concerns when this issue comes before the Council again.

Councilman Cordova moved to table the consideration for a conditional use permit and site plan for Maverik for a convenience store located at approximately 3518 west 5600 south until the developers can meet and Mr. Murray can address the Council's concerns. Councilman Tanner seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

CONSIDERATION OF A CONDITIONAL USE PERMIT AND SITE PLAN FOR TSO TRANSMISSION FOR USED VEHICLE SALES LOCATED AT APPROXIMATELY 5791 SOUTH 1900 WEST

Chris Zimmerman reported that TSO Transmission would like to acquire a conditional use permit to sell cars that are abandoned after the transmission work is done. Mr. Zimmerman stated that they meet all requirements for a conditional use. The requirements include; a separate sales office, which already exists; parking in the rear of the business for employees; and a license to sell vehicles which they will need to obtain from the state.

Councilman Tafoya asked what the businesses to the North and South were. Walt Gottschalk, from TSO Transmission, stated that Hy & Mike's Pawn is on the South and Tubbs Service Station is on the North.

Councilman Cordova asked if the vehicles could be sold in the rear of the business rather than in the front. Mr. Gottschalk stated that it would be a low key situation and that he would agree with keeping them in the back. Councilman Cordova asked how many vehicles they are planning to sell. Mr. Gottschalk stated that they end up with about two a month that they would like to sell to recover their investment. Councilman Cordova asked if they could sale the vehicles wholesale. Mr. Gottschalk stated that they have no license to do so. Mayor Burnett asked how they are currently getting rid of the vehicles. Another employee of TSO stated that they pay to advertise the vehicle, fill out lengthy paperwork, and then the vehicle generally sits for long periods of time. He stated that their goal is to sell the vehicles for what TSO has invested in them. Mark Larson clarified that anyone can sell up to three vehicles per year, however a license is required to sell more than 4. The Council expressed concern over the appearance of "junky cars" on TSO's lot.

Councilman Tafoya reminded the Council that Hy & Mike's Pawn recently asked the Council for a similar permit to sell vehicles. Bufffalo Brothers was authorized to sale used vehicles and the Council felt that Buffalo Brothers is not doing well and doesn't present a good image for the City. Mr. Gottschalk stated that he felt no one would notice a difference from their current condition. He stated again that they would be willing to keep the vehicles in the back of the business, their goal is to sell the vehicles legally and recover any investment they have in the vehicles.

Councilman Smith asked if they had looked into other options such as selling the vehicles on consignment at another car lot. Mr. Gottschalk stated that they had looked into that, however, the car lot would also want to make money, hence, TSO would have to take a loss. Councilman Smith stated that the Council is concerned about adding such businesses to the City. Mr. Gottschalk reminded the Council that he's not looking to open a used car lot, that they may only sell 4 to 5 vehicles per year. Chris Zimmerman stated that it would be possible to sit down with Mark Larson, draw up a site plan including three stalls, a sign in the rear and the City could pull the conditional use permit if TSO was not compliant. The employee that accompanied Mr. Gottschalk stated that he felt the state would not authorize a license under those conditions. He stated that specific conditions are required by the state that the City Council was not willing to allow. Joe Lobato, who has owned a used car lot for five years, was present and stated that it would be questionable but possible. Chris Zimmerman suggested that the Council could table the conditional use permit and site plan until permission from the state with the suggested conditions is approved.

Councilman Cordova felt that this situation is much different than Hy & Mike's Pawn who would accept pawned cars intending to sell them.

Councilman Smith moved to table the consideration for a conditional use permit and site plan for TSO Transmission for used vehicle sales until a license is approved by the state with the condition that the cars be kept behind the business. Councilman Cordova seconded the motion. Council members Becraft, Smith, and Tafoya, Cordova and Tanner voted "aye." The motion carried

CONSIDERATION OF AMENDMENT TO RESOLUTION NO. 751 APPROVING THE ANNEXATION OF THE BRIAN AND MICHELLE L. SMITH, JORDAN VALLEY WATER CONSERVANCY DISTRICT, AND WEBER COUNTY PROPERTIES

Chris Davis stated that when Resolution No. 751 was initially presented, Mike Moore stated that the Resolution was not compliant. Additional language was added to the Resolution to make it compliant. This includes a paragraph stating that; this annexation includes a portion of an unincorporated island within Roy City, and the City Council finds that leaving the remainder of the island unincorporated is in the best interest of the City.

Councilman Tafoya moved to accept the amendment to Resolution No. 751 approving the annexation of the Brian and Michelle L. Smith, Jordan Valley Water Conservancy District, and Weber County Properties. Councilman Tanner seconded the motion. A roll call vote was taken. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried. (Copy filed for records.)

RESOLUTION NO. 776 AUTHORIZING THE CITY TO CONTINUE AS A MEMBER OF THE UTAH TELECOMMUNICATION OPEN INFRASTRUCTURE AGENCY ("UTOPIA")

Chris Davis stated that the analysis has been complete and the second phase is now in process. The second phase includes doing a full feasibility study to identify costs, revenues, and viability of the project and pay for other second phase costs. Mr. Davis stated that the survey process would happen again; talking to business owners and homeowners to get their input. He stated that the bond agency and financial advisors remain happy with the project and are moving ahead. Mr. Davis stated that the funds for UTOPIA would be budgeted out of RDA funds and that he would keep the Council updated.

Councilman Cordova asked what the NOC is and what part it plays in UTOPIA. Mr. Davis stated that the NOC is a Network Operations Center that is required to run the fiberoptic network and when UTOPIA comes on line, this NOC could be used.

Councilman Tafoya moved to approve Resolution No. 776 authorizing the City to continue as a member of the Utah Telecommunications Open Infrastructure Agency ("UTOPIA"). Councilman Cordova seconded the motion. A roll call vote was taken. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried. (Copy filed for records).

DISCUSSION OF PROPERTY OWNED BY ROSS LOBATO, FORMERLY CREATIVE MOTORS

Chris Zimmerman stated that the Council has expressed interest in the past in fixing the road turning in front of Joe Ross Lobato's property which consists of a 90 degree turn off Riverdale Road. Mr. Lobato operated a used car lot adjacent to the road of concern. Mr. Lobato is considering opening another car lot at that location, however, the City has expressed interest in purchasing the property. Mr. Zimmerman stated that an appraisal of the property has been considered in the past but is quite costly. Mr. Lobato has an appraisal from November of 1999. There is a right of way which goes through Mr. Lobatos's property which consists of two parcels. The one parcel of property that Creative Motors occupied appraised for $150,000.00 which equals $12.26 per square foot. Mr. Zimmerman stated this is high for Roy City, however, probably not high for property adjacent to Riverdale road. Mr. Lobato is asking $200,000.00 for the two parcels combined. Calculated at $12.26 per square foot, this equals out to $190,000.00 total. Chris Davis informed the Council that the City would own the property, however, the FY2003 RDA budget does not allow for improvement of the road. The Davis Canal Company previously owned adjacent property which has recently been sold to Mr. Le. It is questionable whether Mr. Le would sell the property or trade property to allow for road improvement in the future. Mr. Lobato stated that if the City is not interested in buying the two parcels, he will go ahead and open a new business. Chris Davis stated again that funds are not available to improve the property currently. There is a right-of-way that goes through the property that cannot be cut off, however, no roadway is budgeted or planned. Mr. Lobato recognized that he would be selling low-end vehicles which the Council may consider an eye sore at the entrance to Roy City. He suggested that the City could "clean up" the property and prevent the 5 to 6 accidents per year that he has witnessed in the past because of the sharp turn off Riverdale Road. He also felt that the new businesses to the North of his property could benefit from easier access. He stated that he was giving the Council an opportunity to rid the City of one more used car lot.

Councilman Cordova asked if it was common practice for a property owner to own a right-of-way. Mr. Davis stated that local municipalities sometime end up owning right-of-ways and that it's possible for them to be deeded over to the City.

Councilman Cordova expressed interest in acquiring the property.

Councilman Smith asked Mr. Lobato if the price was negotiable. Mr. Lobato stated that he already came down from $250,000.00 but he may be willing to negotiate the price. Councilman Tafoya asked for clarification that the $200,000.00 included both parcels. Mr. Zimmerman stated that was the case.

Councilman Tafoya directed the staff to look into the purchase of the property owned by Mr. Lobato, formerly Creative Motors. Councilman Cordova seconded the motion. Council members Becraft, Smith, and Tafoya, Cordova and Tanner voted "aye." The motion carried.

Councilman Tanner moved to adjourn to a Redevelopment Agency Meeting. Councilwoman Becraft seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Chris Davis stated that opening bids on the pool has been delayed from July 23 to August 6. R&O Construction called to express concern that they wanted to bid on the pool but wouldn't be able to do so by July 23. Mr. Davis stated that the contract would be awarded on August 6, 2002 and it is anticipated that the pool will be completed by May 16, 2003. He stated that awarding the contract on August 6 rather than July 23 will not affect the completion date.

Mr. Davis stated that the miniature golf course will open on July 17. He stated that the parking lot is not open and curb, gutter, and sidewalk is not yet in place.

The Airport Road detention basis is moving forward well and it is anticipated that sod will be laid on August 10. A roller has been purchased that will create a design in the concrete. Sidewalk, sprinkler, and edging contractors are in place.

Mr. Davis reported that Andy Blackburn and his wife, Tracy, were having a baby that evening, July 16, 2002.

He reported that Dave Collins is back in the hospital due to some bleeding problems and Larry Horspool is doing Public Works inspection. A proposal from John Saunders has been received for $30/hour.

The waterfall sign in front of Village Inn (Sky Properties) is moving forward. The possibility of rocks coming from C. E. Butters in North Ogden is being discussed.

Councilman Smith asked if the contract for the sign on Airport Road has been awarded. Mr. Davis stated that Yesco had not placed a bit yet and that they plan to bid two signs at the same time hoping to get a lower bid.

Mr. Davis and the Council discussed the Itinerary for their trip to the Scottsdale airport on August 2. It was determined that three cars will be rented to allow for more flexibility in their schedules.

Mr. Davis thanked the Council for the lunch they provided for the City employees earlier that afternoon. He felt that it turned out well.

The Justice Court is progressing nicely and is still expected to open January 1, 2003.

MAYOR AND COUNCIL REPORTS

Councilman Tanner asked the other members of the Council if they had received the same letter he had from Bruce Mendenhall. Mr. Mendenhall expressed concern over maintaining the yards of homes that are for sale in Roy City. He was concerned about the appearance and fire hazard unkempt yards are presenting. Chris Davis stated that he felt it may be better to work with the banks who own the homes and said he would look into it.

Councilman Tanner also reported that the Roy High School marching band has been approved to participate in a marching competition to be held October 29 at Roy High School. Thirty schools from Utah have been invited to participate.

Councilman Tanner reported that Roy Days is coming along well. He stated that the activities will be plentiful and that the booths are filling up quickly. He questioned whether there was someone he could direct questions to regarding Roy Days 2003 as he has received several calls and questions. Councilman Tanner suggested that someone be put in charge of next years events.
Councilman Cordova asked if anything had been approved yet on the Voorhees property. He expressed concern over more apartments being built within the City. He thought the original agreement was for condos to be built at the site and wondered if that could be enforced. Mr. Davis stated that the property was zoned R4 which permitted the building of apartment buildings. Mr. Davis stated that he would speak with City Attorney Andy Blackburn to see what could be done.

Councilman Tafoya recommended that the City E-mail be looked into as his messages were not being forwarded to him.

Councilwoman Becraft moved to adjourn City Council Meeting at 8:57 p.m. Councilman Tanner seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried