APPROVAL OF OCTOBER 29, 2002 MINUTES

Councilwoman Becraft moved to approve the minutes of October 29, 2002, as written. Councilman Smith seconded the motion. Council members Becraft, Smith, Tafoya, Cordova, and Tanner voted "aye." The motion carried.

KAY LYNN JOHNSON - PRESENTATION FROM THE WEBER COUNTY SCHOOL BOARD

Kay Lynn Johnson from the Roy PTA Council and representing Weber School District Staff thanked the Council for the City's cooperation during construction with the elementary schools and the new Freedom Elementary School, finishing the road in front of Municipal Elementary before school started, and providing a crossing guard at Freedom Elementary. The School Board thanks Roy City for their cooperation. Ms. Johnson presented a Proclamation from the State of Utah PTA proclaiming September 2002 as PTA enrollment month to renew commitment to the youth and asked Mayor Burnett to sign the Proclamation

APPROVAL OF THE CONSENT AGENDA

Councilman Smith moved to approve the consent agenda consisting of: Consideration of a Conditional Use Permit and site plan for Dave Whitaker for a tanning salon known as Tanning Oasis located at approximately 3578 West 5600 South, Kent's Commercial Subdivision; and preliminary and final approval of Royal View Center Condominiums located at approximately 5145 South 1750 West. Councilman Tafoya seconded the motion. Council members Becraft, Smith, Tafoya, Cordova, and Tanner voted "aye." The motion carried.

PRELIMINARY AND FINAL APPROVAL OF CARDALL SUBDIVISION LOCATED AT APPROXIMATELY 2365 WEST 5400 SOUTH

Chris Zimmerman explained that the Cardall family has requested preliminary and final approval of the Cardall Subdivision which will consist of two lots on .45 acres. The Planning Commission recommended that there be no sidewalk requirement and that a developers agreement with the property owner be established to prevent a duplex on either lot. Mr. Cardall agreed with this recommendation. Staff recommends preliminary and final approval based on engineering recommendations. Councilman Smith asked for clarification that there will be curb and gutter but no sidewalk. Mr. Zimmerman stated that rolled curb and gutter already exists; however it will be replaced eventually as part of the Great Basin C.D.B.G. Project. Councilman Tanner asked if staff had spoken to neighbors regarding their feeling on the sidewalk issue. Mr. Zimmerman stated that the most concerned neighbors were the Winget's and Mrs. Winget was at the Planning Commission Meeting where this was discussed. Councilman Tanner asked who would be responsible for a sidewalk if the homeowners want sidewalk. Mr. Zimmerman stated that the developer would be responsible for sidewalk on lots 1 and 2 and the City would be responsible for the sidewalk in front of the Winget's property. Councilman Tanner asked if there was an access problem with relocation of the fire hydrant. Chief Ritchie explained that the fire hydrant would be moved to either property line and the fire department would be able and willing to work with that. Councilman Tafoya asked who would be responsible for sidewalk once a homeowner purchased the home. Mr. Davis explained that if a homeowner wanted a sidewalk, they would be responsible for putting one in. Councilman Smith asked if this subdivision is allowed, would it be inconsistent with other areas in the City. Mr. Zimmerman reminded the Council that this is an unusual subdivision and that the City would require sidewalk if it was a traffic-way for children. Councilman Cordova asked what the footage is on front of lot #1. Mr. Zimmerman explained that frontage is measured in a cul-de-sac at 25 feet back which is 60 feet, however, the actual frontage is much less than that. He also explained that the cul-de-sac is smaller than current standard.

Councilman Tafoya moved to approve the Cardall Subdivision located at approximately 2365 West 5400 South based on engineering recommendations to include no sidewalk requirement, relocation of the fire hydrant and single family dwelling restrictions to both lots. Councilman Cordova seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

REQUEST FOR APPROVAL OF A CLASS "C" BEER LICENSE FOR SHAUNA'S BAR AND GRILL, 5301 SOUTH 1900 WEST, REAR

Chris Zimmerman stated that Ms. Judkins had previously opened a steak house at this location. Lou Lutz was cooking for her, however, he developed health problems and was unable to continue cooking, hence, The Steak House was closed shortly after it opened. Ms. Judkins is now requesting a beer license with plans to open a tavern in the rear of the building. Ms. Judkins explained Mr. Lutz' health situation and expressed her desire to open a tavern rather than a restaurant due to her lack of Mr. Lutz' assistance. She wished to target an over-30 crowd which she felt would prevent problems previously experienced at that location. Councilman Tafoya asked what her staffing plans were. She stated that she would have at least four employees on the weekends. Councilman Smith reminded the Council that Michael Rowly had previously asked for a beer license concerning this location and was denied. Councilman Cordova confirmed that Ms. Judkins had worked at Rudie's and was there on May 5 when major conflict erupted. He asked what she would do to prevent a similar situation from happening again. Ms. Judkins explained that this wouldn't happen again because she would target a different crowd. Her feeling was that the hip-hop music attracted a younger, more disrespectful crowd which was the cause of the conflict. Councilman Smith explained to Ms. Judkins that in the last few months there was a similar petition which was denied. He explained that it's difficult to improve a location with the same type of business. He expressed considerable doubt that the location wouldn't bring the same problems it has experienced in the past. Councilman Tafoya felt that a crowd would be out of Ms. Judkins' control as it was in the past. When requesting a beer license for The Steak House, she expressed interest in "proving herself" and Councilman Tafoya felt that hadn't been accomplished with the short duration The Steak House was open.

Councilman Tafoya moved to deny a Class "C" beer license for Shauna's Bar and Grill located in the rear of 5301 South 1900 West based on the fact that her most recent license was held briefly and insufficient detail given on staffing issues and on how business would be handled. 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 JEANINE HUMPHREY FOR AN AUTOMATED CAR WASH KNOWN AS "SPOTLESS CAR WASH" LOCATED AT APPROXIMATELY 1992 WEST 5600 SOUTH

Chris Zimmerman explained that Jeanine Humphrey had been through a considerable process regarding the car wash. The Planning Commission suggested a meeting with neighbors before approving a Conditional Use Permit as they were apparently not notified of the Planning Commission meeting. Ms. Humphrey organized a meeting which was held in the Council chambers. Two neighbors attended the meeting and expressed concern over garbage along the fence and increased traffic; however, the general feeling was that a car wash would help clean up the area. The car wash would consist of four manual washing bays and one laundry-style bay. The Planning Commission and staff was uncomfortable with only having one access in which the entrance is on the left and the exit on the right. UDOT is unwilling to allow an additional access on 5600 South. Councilman Smith asked Ms. Humphrey if there would be a problem changing the direction on the entrance to a traditional entrance on the right, exit on the left. Ms. Humphrey stated that she was willing to work with staff to control traffic flow and stack. Ms. Humphry also presented pictures of landscaping at the other two Spotless Carwash locations and explained that the landscape would be similar. Councilman Smith asked if all efforts on a second entrance had been exhausted. She felt that even if UDOT allowed an entrance on 5600 South, patrons wouldn't use it because of traffic flow. She felt that changing the proposed entrance would be possible on 2000 West. She explained that she anticipated approximately 80 washes per day which she felt would be an insignificant traffic increase. Councilman Tanner stated that he would like to see at least two entrances. Councilman Cordova asked if she had looked at different locations. Ms. Humphrey stated that she had, however, she would require same earning potential and comparable location which hadn't been satisfied. Councilman Tafoya asked if two entrances are possible along 2000 West. Chris Zimmerman stated that current zoning ordinance would prevent two entrances on 2000 West due to lack of overall frontage on 2000 West. He explained that if they so desire, the Council could approve the Conditional Use Permit and table the site plan until further access is achieved. Chris Davis suggested that one option may be to amend the current zoning ordinance to allow two entrances on 2000 West. Mayor Burnett asked if anyone in the audience had any comment on this issue.

Tom Hulbert, real estate agent, developing property behind Ben Franklin asked that the Council look at long-term ramifications of a car wash in this location.

Councilman Tanner moved to approve a Conditional Use Permit and table the site plan for Jeanine Humphrey for an automated car wash known as "Spotless Carwash" located at approximately 1992 West 5600 South. The site plan is to be tabled until two entrances can be established. If two entrances cannot be established with the current site plan, possible amendment to the zoning ordinance to allow two entrances on 2000 West will be considered. Councilman Tafoya seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

CONSIDERATION OF A PETITION FROM KING LONG AND RITA C. YU TO REZONE APPROXIMATELY 0.67 ACRES LOCATED AT APPROXIMATELY 3479 WEST 4800 SOUTH FROM R-1-8 DESIGNATION TO A CP-2

Chris Zimmerman explained that the Council had seen and reviewed this rezone previously. The rezone was tabled on October 1 with the request that the neighbors and the developers come up with an agreement. A meeting was held and a set of guidelines established. All agreed that the property will be marketed based on the guidelines established which include; an 8-foot block wall along the south and east property lines to establish a sound barrier, larger setbacks of 20-ft along the southern border and 30-ft along the eastern border, the trees in question will remain and additional trees/shrubbery added, no full service restaurant or convenience store will be allowed, the business will have to close by 10:00 p.m., and no major lighting behind the building will be allowed. Councilman Tanner expressed concern over lack of lighting behind the building. Mr. Zimmerman stated that this would be addressed at the time a site plan is submitted. Councilman Smith was concerned about such restrictive zoning. Chris Davis stated that these restrictions typically wouldn't go along with a rezone, that they would usually accompany a site plan. Mr. Zimmerman stated that the main restriction is on the size of the building. He explained that the building size was decreased by 1000 square feet resulting in a 6000 square foot building which would allow three units of 2000 square feet each.

7A. Consideration of Ordinance No. 903 approving a rezone of property located at approximately 3479 West 4800 South, Roy, Utah, from an R-1-8 designation to a CP-2 designation
Councilman Tafoya moved to approve Ordinance No. 903 approving a rezone of property located at approximately 3479 West 4800 South, Roy, Utah, from an R-1-8 designation to a CP-2 designation. Councilwoman Becraft 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 record).

CONDITIONAL AND FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS:

a. Conditional acceptance of subdivision improvements for Armadillo Subdivision located at approximately 4800 South 4125 West
b. Conditional acceptance of subdivision improvements for Country Meadows Subdivision No. 2 located at approximately 4850 South Midland Drive
c. Conditional acceptance of subdivision improvements for Kent's Commercial Subdivision located at approximately 5600 South 3500 West
d. Conditional acceptance of subdivision improvements for Masami Estates Subdivision No. 2 located at approximately 2950 West 4650 South
e. Conditional acceptance of subdivision improvements for Park Lane Subdivision No. 7 located at approximately 2325 West 4400 South
f. Conditional acceptance of Prairie Crossing Subdivision Nos. 1 and 2 located at approximately 3775 West 4800 South
g. Conditional acceptance of subdivision improvements for Southfork Meadows Subdivision No. 3 located at approximately 3650 West 6050 South
h. Final acceptance of subdivision improvements for Brown/Donaldson Subdivision located at approximately 4800 South 3100 West
i. Final acceptance of subdivision improvements for Day Dream Meadows Subdivision Nos. 1 and 2 located at approximately 5850 South 3260 West
j. Final acceptance of subdivision improvements for Heritage Cove Subdivision located at approximately 4600 South 1800 West
k. Final acceptance of subdivision improvements for Kelter Subdivision located at approximately 5450 South 1950 West
l. Final acceptance of subdivision improvements for Meadow Creek Village Subdivision No. 6 located at approximately 5300 South 4150 West
m. Final acceptance of subdivision improvements for Park Lane Subdivision No. 7 located at approximately 2325 West 4400 South
n. Final acceptance of subdivision improvements for Pheasant Meadows Subdivision No. 2 located at approximately 3925 West 5425 South
o. Final acceptance of subdivision improvements for Pinnacle Subdivision located at approximately 2000 West 5200 South
p. Final acceptance of subdivision improvements for Roy 10th and 30th Ward Subdivision located at approximately 3301 West 6000 South
q. Final acceptance of subdivision improvements for Royal Greens Subdivision located at approximately 2975 West 5200 South
r. Final acceptance of subdivision improvements for Royal Meadows Subdivision No. 4 located at approximately 3950 West 4650 South
s. Final acceptance of subdivision improvements for Schofield Subdivision located at approximately 3078 West 4850 South
t. Final acceptance of subdivision improvements for Seasons West Subdivision No. 3 located at approximately 5400 South Midland Drive
u. Final acceptance of subdivision improvements for Sheffield Estates Subdivision located at approximately 1801 West 4800 South
v. Final acceptance of subdivision improvements for Three Rivers Field Subdivision located at approximately 4975 South 3200 West
w. Final acceptance of subdivision improvements for Venn Subdivision located at approximately 5073 South 3100 West
x. Final acceptance of subdivision improvements for Ward Estates Subdivision Nos. 1, 2, and 3 located at approximately 5100 South 3500 West

Mayor Burnett asked if the water problems had been resolved at Armadillo Subdivision (item a.). Chris Zimmerman stated that the request is for a conditional acceptance and there is plenty of time to work on any water problems that may exist.

Councilman Cordova moved to approve conditional and final acceptance of subdivision improvements as listed; items a through x. Councilman Tanner seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

RESOLUTION NO. 783, A RESOLUTION AUTHORIZING AND APPROVING A TREATMENT CONTRACT WITH NORTH DAVIS COUNTY SEWER DISTRICT

Councilman Tanner moved to approve Resolution No. 783, a Resolution authorizing and approving a treatment contract with North Davis County Sewer District. Councilman Tafoya seconded the motion. A roll call vote was taken. Council members Becraft, Smith, and Tafoya, Cordova and Tanner voted "aye." The motion carried. (Copy filed for record.

RESOLUTION NO. 784 APPROVING AN INTERLOCAL COOPERATION AGREEMENT FOR PARAMEDIC ABOARD CHARGES

Chief Jon Ritchie explained that this is renewal of an existing contract with a few minor changes in relation to Ace Ambulance going out of business and South Ogden Fire being added to the agreement.

Councilman Tafoya moved to approve resolution No. 784 approving an Interlocal Cooperation Agreement for paramedic aboard charges. 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

LEONARD GRASSLI - PRESENTATION OF THE 1900 WEST REDEVELOPMENT BEAUTIFICATION PROJECT

Leonard Grassli requested a final decision on sidewalk and lighting designs from the Council. He explained that once a decision was made, he would draw up a final concept plan, establish funding, and create final diagrams. The 1900 West Beautification Committee selected light and sidewalk designs to recommend to the Council. Their recommendation for the lights was the double acorn lights.

Councilman Smith moved to approve the double acorn light as the light of choice for the 1900 West Redevelopment Beautification Project. Councilman Cordova seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

After explaining the three sidewalk possibilities, Mr. Grassli stated that the 1900 West Beautification Committee selected concept #1 to recommend to the Council.

Councilman Smith moved to approve Concept #1 as the sidewalk of choice for the 1900 West Beautification Project Councilman Tanner seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Mr. Grassli then explained the 1900 West Beautification Project to the audience.

SALARY SURVEY DISCUSSION

Chris Davis stated that a market survey had been obtained and applied. He explained that the funding source for the salary variances would be funded by the Justice Court which is expected to generate a revenue of $98,000 in the first six months. The wage scale spans an 11 year period with a 46% spread between beginning wage and maximum wage. One major problem with the current pay scale is lack of incentive to progress to a higher rank or grade. The proposed pay scale is based on years of experience, years of education, and roles played in each department. Mr. Davis explained that court clerks and the Judge are not included in the proposed pay scale nor does it include part-time employees. All department directors were involved in creating the pay scale. The goal for the pay scale is internal equity which has not previously been the case. Mr. Davis recommended that the Council give direction to adopt the salary scale allowing for continued work on Public Works and Administrative positions. The goal is to have the salary scale effective January 1, 2003 with an approximate budget of $125,000.

Councilman Smith clarified the 3.5% per year increase. Chief Whinham explained the requirements for progression such as education, experience and the role played in the department such as school resource office, canine officer, and related experience. Councilman Tafoya asked where the survey information was obtained. Mr. Davis explained that the cities included in the survey were; Layton, Clearfield, South Jordan, Riverdale, South Ogden, Ogden City, Logan, and Midvale. The attempt was to survey cities of similar size in close proximity to Roy City. Councilman Cordova asked for input from the employees who were present.

Eric Froerer, Roy City Fire Department, expressed concern over the time it has taken to get from entry level to maximum which is currently 15 years. He expressed interest in seeing the pay scale on paper but felt he would like to see one reach the maximum in 9 to 10 years; however, his feeling was that 11 years was better than 15.

Doug Illum, Roy City Fire Department, explained that he had taken a cut in pay to advance. He stated that employees have no incentive to be promoted due to lack of pay increase with advancement. His feeling is that the current pay scale is inequitable. Councilman Smith felt that a market-driven pay scale is a positive approach. Chief Whinham stated that he has explained the scale to his officers who understand the concept and are positive about the new pay scale.

Stuart Hackworth, Roy City Police Department, stated that they have lost several officers to other departments where they could get a higher pay. He stated that the department has lost four officers or 30 combined years of experience in the past and he would hate to see further loss due to salary issues. He stated that his perception is that no officer wishes to leave Roy City if the pay is equitable.

Gary Weeks, Roy City Police Department, stated that he would benefit from the new pay scale and feels it is an improvement over the current pay scale. Councilman Tafoya stated that with the new pay scale, some employees would not see a pay increase. He felt it was important to explain the pay scale carefully to all employees who would be affected by it explaining that equity is the goal. Councilman Cordova expressed a need to follow-up on this again in the future and recommended a 2 to 3 year evaluation process.

Chris Davis anticipated a formal Resolution to adopt after working out unique positions within the City by December 17.

Councilman Smith moved to accept the salary survey with the necessary adjustments in anticipation of a final Resolution on December 17, 2002 with an effective date of January 1, 2003. Councilman Tanner seconded the motion. Council members Becraft, Smith, and Tafoya, Cordova and Tanner voted "aye." The motion carried.

Chris Davis reported that a request has been received for annexation of 40 acres at approximately 5200 South and 3500 West (Braegger property). This property is adjacent to Weber Basin Water Conservancy who would also like their property annexed into Roy City. Weber Basin Water has no current plan for the property but is looking at three options for future use of the property; water treatment plant, reservoir, or development for housing. Mr. Davis asked the Council's feelings on annexing the Weber Basin Water property along with the Braegger property. The Council recommended annexing the Weber Basin Water property being aware of the three possibilities of use of that property.

There is a UTA rail meeting in Ogden Thursday, November 21st with an open house from 4-7. Mr. Crandall, representative from UTA who is a consultant for the environmental impact and location of future rail stations has invited the Council members to attend.

Roy City has been asked to participate in the Scouting For Food Project this year due to the military's involvement overseas. The City is donating time and trucks which will be parked at the Clearfield Winegars.

The Chamber Dinner is January 23rd.

The Davis and Weber Counties Canal Company Meeting is Thursday, November 21st. Mayor Burnett and Chris Davis will attend.

Mark Miller, Roy City Engineer, has moved his office to the lower level of the Colonial Plaza Building at 5320 South 1950 West, Roy.

Breakfast with Santa at the Boy's and Girls' Club will be held December 14th from 9 to 11. Three hundred children are expected. Donations are being accepted as the children who attend the breakfast purchase gifts for their parents from the donations.

Mayor Burnett reported that 200 cases of "smash-and-dash" had occurred within the City and surrounding cities. ABC Mandarin was hit and Chief Whinham, while off duty, was able to track down the suspect. He called an officer who was on duty and the suspect was arrested.

Councilman Tanner reported receiving a phone call regarding further curb painting on 4800 South. The general feeling of the Council was to have the police officers patrol the area and issue tickets to those who were illegally parked.

Those in attendance at the closed meeting to discuss the character and competence of personnel included; Chris Davis, City Manager; Andy Blackburn, City Attorney; Mayor Burnett; Councilman Dave Tafoya; Councilman Tommy Smith; Councilman Dan Tanner; Councilman Dave Cordova; Councilwoman Marge Becraft. The meeting convened at 10:10 p.m. and adjourned at 11:55 p.m.