RECOGNITION OF TIFFANY AND STERLING DABNEY

Mayor Burnett read an article from the Standard Examiner about Tiffany and Sterling Dabney and showed a brief video clip from Channel 2 News. He then read Resolution No. 750 honoring the integrity and sacrifice of Tiffany and Sterling Dabney.

Councilman Nakayu moved to approve Resolution No. 750 honoring the integrity and sacrifice of Tiffany and Sterling Dabney. Council-woman Becraft seconded the motion. A roll call vote was taken: Council members Smith, Cordova, Nakayu, Becraft, and Tafoya voted "aye." The motion carried. (Copy filed for record).

Mayor Burnett presented resolution plaques and gifts to Tiffany and Sterling Dabney.

APPROVAL OF RESOLUTION NO. 746 HONORING FIRE FIGHTERS, POLICE, AND EMT WHO RESPONDED TO NEW YORK CITY

Mayor Burnett read Resolution No. 746 honoring fallen fire fighters, emergency medical technicians; paramedics, and police officers who responded to the New York Trade Towers and encouraging private donations to be made to their families.

Councilman Cordova moved to approve Resolution No. 746 honoring fallen fire fighters, emergency medical technicians; paramedics, and police officers who responded to the New York Trade Towers and encouraging private donations to be made to their families. Councilman Smith seconded the motion. A roll call vote was taken: Council members Tafoya, Smith, Becraft, Nakayu, and Cordova voted "aye". The motion carried. (Copy filed for record).

Doug Illum stated that the Fire Department had been giving t-shirts to those who had showed extraordinary support of their efforts. They wanted to thank the City Council for their support by giving them t-shirts as well. Mr. Illum presented the t-shirts to the City Council members. He indicated that the citizens of Roy had donated about $18,000.

RECOGNITION OF SEPTEMBER EMPLOYEE OF THE MONTH

Chris Davis asked that this item be tabled.

APPROVAL OF MINUTES OF SEPTEMBER 4 AND SEPTEMBER 18, 2001

Councilwoman Becraft moved to approve the minutes of September 4 and 18, 2001, as written. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

PUBLIC HEARING TO CONSIDER A REZONING PETITION FROM V. DEMONT AND JULIA J. WIBERG TO REZONE APPROXIMATELY 0.63 ACRES LOCATED AT APPROXIMATELY 1942 WEST 4400 SOUTH FROM CP-2 AND R-1-8 TO R-4

Councilman Tafoya moved to open the public hearing at 6:15 p.m. Councilman Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Chris Zimmerman stated that DeMont Wiberg had requested that two lots he owned at approximately 1942 West 4400 South be rezoned. The county plat map showed that one lot was owned by Kerry Tucker. That was incorrect. Mr. Wiberg owned both lots. Mr. Zimmerman said there was also a mistake on the City's zoning map. The zoning map indicated that the east lot was zoned CP-2, and the west lot was zoned R-1-8. Both lots were zoned R-1-8. Therefore, Mr. Wiberg's request was to rezone both lots from R-1-8 to R-4. The staff recommended that the rezone request be approved as there was a contiguous R-4 Zone to the south. The staff also felt these lots would provide a buffer between the single-family homes to the west and the commercial use on the corner. The General Plan's direction was to avoid single family zones next to commercial zones. Mr. Zimmerman said the Planning Commission held a public hearing and heard public comments opposing the rezone because of increased traffic and noise. The Planning Commission recommended that Mr. Wiberg's rezone request be denied.

Councilman Cordova asked what use the Planning Commission had recommended for these lots in its General Plan update. Chris Zimmerman said it had recommended that both parcels have a commercial use.

DeMont Wiberg, Layton, stated that he had been trying to sell these parcels for over a year. He had contacted commercial developers and local business owners trying to interest them in the property. They all said the same thing - this was not a viable commercial area. It did not seem that commercial development of this property was going to happen. The professional developers did not feel a single-family zone was the wisest use for the property. Mr. Wiberg said he had decided to request that the properties be rezoned to R-4. Eighty property owners were notified about his petition. Only two of those property owners attended the Planning Commission meeting to express their concerns. The majority of adjacent property owners did not feel there were concerns to address. The concerns expressed at the Planning Commission meeting were increased traffic and traffic backing onto 4400 South. Mr. Wiberg said his proposal would add a few more cars. He was proposing three twin homes on a circular drive that would allow people to enter 4400 South moving forward. The Planning Commission's recommendation to deny his petition would compound the problems that people were concerned about. If single-family homes were put on these lots, people would back onto the street. Mr. Wiberg said there were also concerns about property values being affected. He did not feel those living north of his property would be affected. He planned to install a privacy fence on three sides of the property. Mr. Wiberg asked the City Council to consider his rezone petition. He felt an R-4 Zone would be the wisest and best use of the property. It would buffer the homes to the west from the commercial use on the corner. He asked that the City Council allow him to develop his property.

Councilman Tafoya did not feel there was enough room on the property for three twin homes. DeMont Wiberg stated that according to the set back requirements of the R-4 Zone, his preliminary site plan with three twin homes would comply. Councilman Tafoya asked to see Mr. Wiberg's site plan. Mr. Wiberg showed the City Council his proposed site plan.

Councilman Cordova asked how big the homes would be. Mr. Wiberg said they would be two-stories. Their dimensions would be 52'x32', which included the garage.

Councilman Smith asked how big Mr. Wiberg's property was. Chris Zimmerman stated that the area being rezoned was different than the buildable area. The actual buildable area was 20,460 square feet. The R-4 Zone required a little over 14,000 square feet for six units.

Councilman Tafoya asked if the two lots complied with the size requirements of the R-1-8 Zone. Chris Zimmerman said they did.

Councilman Cordova asked if Mr Wiberg had tried to market the property for building lots or just commercial. Mr. Wiberg said he had tried to market them as commercial property because he thought one lot was zoned commercial. Ironically, everyone told him the lots did not have enough traffic flow for a commercial use.

Mayor Burnett opened the floor for public comments.

Calvin Dittmore, 1983 West 4400 South, stated that a few years ago, someone tried to rezone the lot east of him for a multi-family use. It was turned down. He did not feel rezoning Mr. Wiberg's property was a good idea. Three twin homes would mean a lot of traffic. Traffic on 4400 South had increased. Sometimes it was lined up as far as you could see. There were already 10 multi-family dwellings in the neighborhood. Mr. Dittmore said there were more than two people at the Planning Commission opposed to the rezone. With six dwellings, where would the children play? Mr. Dittmore was opposed to the rezone.

Gennie Kirch, 1951 West 4335 South, stated that there were eight people at the Planing Commission meeting. She did not feel it was the City Council's job to sell Mr. Wiberg's property. Mr. Wiberg had not indicated whether he tried to sell the lots for a single-family use. Mrs. Kirch said that just south of this property was the 1950 West 4400 South intersection where there had been a lot of accidents. Mr. Wiberg's proposal would add a lot more children to the corner, and the homes would not be big. She to questioned whether the property was large enough for three twin homes. The property was an eyesore now, which was not helping their property values. People had tried to rezone two other properties in the neighborhood and been turned down. Mrs. Kirch was also concerned about whether two-story homes could be built under the flight pattern of the Ogden Airport. She was opposed to the rezone.

Raymond Tall, 1972 West 4335 South, stated that all of the zoning north of 4400 South to George Wahlen North Park was R-1-8, except the convenience store on the corner. When the convenience store was rezoned, the residents were told that only property facing 1900 West would be commercial. Because of the bad history with multi-family rental property, the adjoining residents had fears. Mr. Tall felt that 4400 South was a good buffer between the R-4 Zone to the south and the single-family zone to the north.

Edna Runchel, 1956 West 4400 South, stated that DeMont Wiberg had asked her to support his rezone request. However, she was doubtful Mr. Wiberg would be able to get someone to live next to the gas station.

Donna Shivley, 4357 South 2000 West, stated that she was opposed to the rezone for many of the same reasons that had already been mentioned. Six families with two cars each would add twelve cars slowly entering traffic at the intersection. She was concerned that teenage drivers would race through Mr. Wiberg's circular driveway. She did not feel that people would like the air traffic that went over this property. If a plane dropped in this area, there would be a problem.

Kathleen Tall, 1972 West 4335 South, stated that she was concerned about traffic, possible noise, a decrease in property values, and all the other things that multi-family homes brought.

Councilman Smith stated that five people made public comments at the Planning Commission meeting. Were there more in attendance? Did the Planning Commission have a roll? Mark Larson said there were more at the meeting, and the Planning Commission did have a sign-in sheet.

DeMont Wiberg stated that he had never had a problem renting the existing home on this property. It had never been vacant more than a week. People were not afraid to live in this area. It did not make economic sense to put $30,000 to $40,000 into the existing home to sell or lease it because he would still have an old home. If his petition was denied, his options were do to nothing with the property, or fix up the home for sale or lease. He didn't feel that would be the best use of the property. No matter what happened on this property, traffic would increase. He felt his plan would meet the R-4 Zoning requirements. His plan would have to conform with FAA regulations.

Gennie Kirch stated that according to the market value of Mr. Wiberg's home, the land was worth $25,000 to $50,000, and the home was worth $83,000. It would take money to fix up the house, but the adjoining residents were not responsible for its demise. She did not feel two-story homes would mix with the single-level homes in the neighborhood.

Councilwoman Becraft moved to close the public hearing at 6:58 p.m. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Councilman Nakayu stated that no one was questioning whether Mr. Wiberg would say one thing and do another. However, once the property was rezoned, it could be sold, and Mr. Wiberg would no longer have control of it. This property had been zoned R-1-8 for a long time. Councilman Nakayu felt there needed to be a compelling reason to rezone property. At this point, he could not see a compelling reason.

Councilman Tafoya moved to deny DeMont Wiberg's request to rezone property at 1942 West 4400 South from R-1-8 to R-4 based on concerns from adjoining neighbors, and the Planning Commission's recommendation that 4400 South provided a buffer between the existing R-4 Zone and the R-1-8 Zone to the north. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith and Tafoya voted "aye." The motion carried.

PUBLIC HEARING TO DISCUSS THE PROPOSED USE OF $27,283 IN FEDERAL LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS

Councilman Nakayu moved to open the public hearing at 7:02 p.m. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Police Chief Greg Whinham stated that the Roy City Police Department had been awarded $27,283 from a Local Law Enforcement Block Grant. The award had been granted for the past five years. During that five-year period, the Police Department had utilized the funds to enhance its enforcement efforts with the use of modern technologies. Chief Whinham said that this year the Police Department wanted to set aside the funds in anticipation of an additional award in Fiscal Year 2002. Their objective was to continue the enhancement of its technological capabilities. They needed $100,000 to purchase a Live Scan Fingerprint System by Identix along with a digital camera system. By saving present funds and combining them with an estimated $30,000 additional grant funding in 2002, they would have $70,000 toward the purchase of that equipment. Chief Whinham said additional funds were being searched out through additional grant funding in partnership with the Weber County Sheriff's Department and other agencies in the south end of Weber County. Purchase of this equipment would allow the Roy Police Department to become a satellite booking station for the Weber County Jail.

Councilman Nakayu asked if people would be booked and released. Chief Whinham said they would. Roy City would not be a satellite jail. They would only be able to book for misdemeanors.

Councilman Smith felt anything to facilitate technology in the Police Department was good.

Councilman Tafoya asked if it was okay to save grant money. Chief Whinham said they had set aside grant money in the past. On their application they had to declare what they intended to use the money for. Councilman Tafoya asked if this system would connect into the State system. Chief Whinham said it would connect to the Weber County Jail, which was connected into the State and national systems.

Councilman Smith asked if the system would improve accuracy and efficiency. Chief Whinham said it would.

Mayor Burnett asked if there were any comments from the audience.

Dave Collins asked if other entities would be able to use the system. Chief Whinham said entities in Weber County would. Mr. Collins asked if the City would be reimbursed for that use. Chief Whinham said it would not. The Police Department wanted to work together in partnership with other agencies.

Gennie Kirch supported the Police Department's plans.

Councilman Cordova asked if there was a possibility that Riverdale City would be willing to help pay for the system. Chief Whinham said that was one option. If the Council approved their plans, they could begin to have those discussions.

Councilman Smith moved to close the public hearing at 7:20 p.m. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Councilman Smith moved to approve the Police Department's plans to set aside the $27,283 Local Law Enforcement Block Grant for the purchase of a Live Scan Fingerprint System. Councilwoman Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

APPROVAL OF RESOLUTION NO. 748 AMENDING THE INTERLOCAL COOPERATION AGREEMENT BETWEEN ROY CITY AND WEST WEBER COUNTY SANITARY SEWER SYSTEM

Chris Davis stated that Roy City was still waiting for a payment from West Haven City. He felt that approval of the amendment to the interlocal agreement should be tabled until West Haven was willing to do its part.

Councilman Nakayu moved to table approval of Resolution No. 748 amending the interlocal cooperation agreement between Roy City and West Weber County Sanitary Sewer System. Councilman Tafoya seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Councilman Nakayu asked Michelle Drago to check on the accuracy of a statement made by Mayor Wayment in the September 18th Council minutes.

APPROVAL OF ORDINANCE NO. 886 AMENDING TITLE 29 OF THE ROY CITY ORDINANCES ADOPTING 2000 BUILDING CODES AND APPROVAL OF RESOLUTION NO. 747 ESTABLISHING CONSTRUCTION CODE FEES

Chris Davis stated that the International Conference of Building Officials had updated the building codes. The Utah State Building Code Commission had recommended that the new editions of the codes be adopted effective January 1, 2002. Dave Collins, the City's Building Official, had recommended that the City adopt the updated codes as adopted and amended by the State. These codes included:

2000 International Building Code
2000 International Residential Code
2000 International Mechanical Code
2000 International Plumbing Code
2002 National Electric Code (effective January 2003)

Mr. Davis said the Development Services Department was also asking that the City Council adopt the fee schedule from the 1997 Uniform Administrative Code. Plan review fees for buildings and structures would remain 65% for commercial and 10% for residential.

Dave Collins stated that cities were allowed the option of whether to adopt the fee schedules in the Administrative Code. Roy City was currently using the 1991 fee schedule. Because of new expenses in the Development Services Department, they were proposing that the City Council adopt the 1997 fee schedule. Mr. Collins said the fee schedule would only affect the building fee, the plan check fee, and the 1% State surcharge. The new fee schedule would raise the building fee on a $90,000 home about $300. He didn't feel the 2000 fee schedule was necessary.

Councilman Smith asked if the staff had done a regional fee study. Dave Collins said they had compared the City's fees to other cities. There was a move toward international building codes with much higher fees. The staff felt those fees were unnecessary.

Councilman Cordova asked who the City contracted with to the commercial plan checks. Dave Collins said the City got three bids each year. Right now, the City was contracting with John Saunders from Ogden. Because of the building slow down, he was able to do more of the commercial plan checks. He did all of the residential plan checks.

In response to a question from Councilman Smith, Cathy Spencer stated that revenues would be affected when the City was built out.
Councilman Cordova asked if building fees were a revenue source or a reimbursement for services. Cathy Spencer stated that most of the income received from Development Services was used to pay for personnel and plan checking for commercial buildings.

Councilman Tafoya asked why the staff didn't want to adopt the 2000 fee schedule. Dave Collins stated that several years ago the State legislature passed legislation that said fees had to be based on costs for services. The staff felt that moving from the 1991 fee schedule to the 1997 fee schedule would cover increased costs.

Councilman Tafoya asked about the interlocal agreement for inspection services. Chris Davis stated that it memorialized what was currently taking place. It was only to have someone from Ogden cover inspections when Dave Collins was out of town.

Chris Zimmerman stated that the City Council could adopt the 1997 fee schedule, and the staff could do a study to determine if there was a justified need to adopt the 2000 fee schedule next year.

Councilman Smith moved to approve Ordinance No. 886 amending Title 29 construction codes to adopt the 2000 International Building Code, 2000 International Residential Code, 2000 International Mechanical Code, 2000 International Plumbing Code, and 2002 National Electric Code. Councilman Cordova seconded the motion. A roll call vote was taken: Council members Cordova, Nakayu, Becraft, Tafoya, and Smith voted "aye." The motion carried. (Copy filed for record).

Councilman Smith moved to approve Resolution No. 747 setting fees to be charged pursuant to 29-1-110 RCO for building inspections, plan check fees, and other construction code fees and to direct the staff to review the 2000 fee schedule prior to the end of the fiscal year. Councilman Cordova seconded the motion. A roll call vote was taken: Council members Nakayu, Tafoya, Becraft, Smith, and Cordova voted "aye." The motion carried. (Copy filed for record).

APPROVAL OF RESOLUTION NO. 749 APPROVING INTERLOCAL AGREEMENT FOR BUILDING INSPECTION SERVICES

Chris Davis stated that this interlocal agreement would memorialize what was currently taking place between Roy City and Ogden City. It allowed for Ogden City to provide building inspection services when Roy City's building official was not available.

Councilman Tafoya moved to approve Resolution No. 749 approving an interlocal agreement for building inspection services. Councilman Nakayu seconded the motion. A roll call vote was taken: Council members Becraft, Smith, Tafoya, Cordova, and Nakayu voted "aye." The motion carried. (Copy filed for record).

APPROVAL OF THE CONSENT AGENDA

Councilman Cordova moved to approve the Consent Agenda consisting of setting a public hearing to consider vacating and amending Walker Estates Subdivision No. 1 at approximately 3100 West 4600 South for October 16, 2001, at 6:15 p.m. Councilwoman Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

DISCUSSION REGARDING OLYMPIC COMMITTEE DECORATION PROGRAM

Chris Zimmerman, Community Services, stated that Councilman Tafoya had asked him to look into an Olympic Spirit Decoration Program sponsored by the Salt Lake Organizing Committee (SLOC). SLOC was offering matching funds to any community who would in the "spirit of the Olympics" decorate their city with SLOC-approved banners and flags. For communities with populations similar to Roy's, SLOC would match up to $5,000 for each dollar spent on the program. A city had to purchase a package to qualify for the SLOC reimbursement. The minimum package price was $2,816.90. Mr. Zimmerman said the banners had to be ordered by October 12th. The request for reimbursement from SLOC had to be made by November 1, 2001. Mike Mansfield had agreed to assign his employees to handle the duties of hanging the decorations on or around January 1, 2002, and taking them down two weeks after the end of the Special Olympics.

Mr. Zimmerman stated that the staff recommended that the City Council approve the purchase of Package 1 for $2,816.90. Fifty percent of the cost would be reimbursed by SLOC. The staff recommended that the remaining $1,408.45 be split between the Council Contingency Fund and the Redevelopment Agency. In addition to the cost of the banners, hardware would be needed to hang the banners. The total cost of the brackets was $4,581.84. Mr. Zimmerman said the brackets would remain on the light poles throughout the community after the Olympic banners were taken down. The City could purchase banners to be hung throughout the various seasons. The cost of the brackets was not included in the SLOC grant. The staff recommended that the brackets be funded from the Redevelopment Agency.

Chris Zimmerman felt the City could sell the Olympic banners after the Olympics and recover its expense.

There was discussion about whether the banners would comply with the Sign Ordinance.

Councilman Tafoya asked if the financing would work. Cathy Spencer felt it would.

Councilman Nakayu felt this would be an appropriate use of RDA funds.

Chris Davis stated that this was the type of expenditure the Redevelopment Agency was looking for to enhance the marketability of the different project areas.

Councilman Smith felt work needed to be done to beautify 5600 South. Chris Zimmerman said he had a meeting with Village Inn next week.

Councilman Tafoya moved to authorize Chris Zimmerman to proceed with the purchase and of Olympic banners for $2,816.90 and brackets for $4,581.84 to be funded as outlined, to proceed with marketing the Olympic banners, and to move ahead with the design for spring banners. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

AWARD OF BID FOR THE TENNIS COURT PROJECT

Tom Hansen, Parks and Recreation Director, stated that bids for the North Park tennis court project were opened on August 30th. The engineer's estimate was $89,988. The budget included $81,000 for this project. The lowest bid received was from The Tennis Company for $101,658. Because of the bid amount, the staff recommended that the electrical lighting system be removed from the bid. The City would have the contractor stub in conduit so the lights could be installed in the future. Removal of the electric lights would reduce the project cost to $80,014. The staff recommended that the City Council award the bid for the North Park tennis court project to The Tennis Company for $80,014.

Councilman Tafoya asked how many courts there would be. Tom Hansen said there would be two tennis courts and a double basketball court.

Councilman Smith was concerned about putting tennis courts next to a residential area that was opposed to an outdoor swimming pool. Tom Hansen said the residents had been asking for the tennis courts.

Councilwoman Becraft asked about the status of Municipal Park. Tom Hansen said the old outdoor pool had been taken down. Chris Zimmerman would be meeting with the local community to determine what amenity they wanted to replace the pool. The City would put in new restrooms and a storage facility.

Councilman Tafoya moved to award the bid for the North Park tennis court project to The Tennis Company for $80,014. Councilwoman Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Councilwoman Becraft asked when the project would be finished. Tom Hanson said he wanted it done before winter.

Tom Hanson updated the City Council on the status of Meadow Creek Park, the outdoor pool, and the additional parking lot at West Park.

Councilman Cordova asked about the BMX park. Chris Zimmerman stated that the Public Works Department would begin working on the new BMX park around the end of October.

Councilman Nakayu asked if Tom Hanson could get a bid for 4-foot wrought iron fencing around the cemetery.

The City Council meeting adjourned at approximately 8:45 p.m.

1. Michelle Drago to check on the accuracy of a statement made by Mayor Wayment in the September18th Council minutes.
2. Staff to review the 2000 building fee schedule prior to the end of the fiscal year.
3. Staff to proceed with purchase of Olympic banners and brackets and move ahead with design for spring banners.
4. Parks and Recreation Director to get bid for a 4-foot wrought iron fence around the cemetery.