APPROVAL OF OCTOBER 2, 2001, MINUTES

Councilman Tafoya moved to approve the minutes of October 2, 2001, as corrected. Councilwoman Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

RECOGNITION OF SEPTEMBER AND OCTOBER 2001 EMPLOYEES OF THE MONTH

Mayor Burnett stated that Darren Douglas had been nominated as the September 2001 Employee of the Month for his work on the Riverdale Hill Project. Many had input into the design, and at times it became quite frustrating coordinating input from so many people. Throughout the process, Darren remained very positive and flexible. He spent many physical hours constructing the project from conceptual plans. His skills with equipment and hand labor were a great asset to what the City was trying to accomplish. Darren took a personal interest in the project and spent considerably more time and effort than would be required on a normal project. Now that the hill, landscaping, and marquee were completed, it was a good time to recognize his efforts.

Councilwoman Becraft moved to recognize Darren Douglas as the September 2001 Employee of the Month. Councilman Tafoya seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Mayor Burnett presented Darren Douglas with a plaque and gift certificate.

Mayor Burnett stated that Kathy Archuleta had been nominated as the October 2001 Employee of the Month. She worked as a customer service clerk. She also worked closely with Linda Benson on utility billing. Kathy was an asset to the department. She was very friendly to the customers, as well as fellow employees. She assisted within the department whenever needed. She was very personable with the customers. Whether she was working on a billing problem, a customer's concerns about utilities, taking payments, or signing up a new customer, she was always pleasant. Kathy was very conscientious and a stickler for details. She had taken the time to learn the utility billing system as well as her duties for customer service. She now served as the back-up billing clerk whenever Linda was away. The City recently hired a new customer service clerk, and Kathy had taken on the added responsibility of training her. Kathy was an asset to Roy City.

Councilman Cordova moved to recognize Kathy Archuleta as the October 2001 Employee of the Month. Councilman Nakayu seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Mayor Burnett presented Kathy Archuleta with a plaque and gift certificate.

APPOINTMENT OF GREG WHINHAM AS ROY CITY'S REPRESENTATIVE ON THE WEBER AREA CONSOLIDATED DISPATCH BOARD

Chris Davis stated that Chris Zimmerman, the City's former Police Chief, had been the City's representative on the Weber Area Consolidated Dispatch Board. Now that Greg Whinham was the new Police Chief, the Mayor recommended that he be appointed to replace Chris Zimmerman

Councilman Nakayu moved to concur with the Mayor's recommendation that Greg Whinham be appointed as Roy City's representative on the Weber Area Consolidated Dispatch Board. Councilman Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

APPROVAL OF THE CONSENT AGENDA

Councilman Tafoya asked to have Items A and C removed from the Consent Agenda.

Councilman Cordova moved to approve the Consent Agenda consisting of: Approval of a conditional use permit and site plan for Kelly R. Moss for a personal storage facility at approximately 5322 South 2775 West. Councilman Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

PUBLIC HEARING TO CONSIDER VACATING AND AMENDING WALKER ESTATES SUBDIVISION NO. 1 AT APPROXIMATELY 3100 WEST 4600 SOUTH

Councilwoman Becraft 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 the City Council didn't have to hold a public hearing to amend a subdivision plat if the City didn't receive a protest. Adjoining property owners had been notified about the amendment, and the City hadn't received any protests. Robert Fuller was proposing to amend the first two lots in Walker Estates to create a third lot. The Planning Commission had recommended approval of the amendment and that existing utility easements be vacated. The developer's engineer had indicated that there weren't any utilities located in the easements, and that they could be vacated.

Councilman Cordova stated that he had looked at the easements. It appeared there might be secondary water and power lines located in the easements. Chris Zimmerman said the staff would have to do further research to find out if there was anything in the easements.

Chris Davis suggested that the City Council take public input, and then table consideration of Ordinance No. 887 until the next Council meeting.

Mayor Burnett asked if there were any public comments. There were none.

Councilman Tafoya moved to close the public hearing at 6:20 p.m. Councilwoman Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Councilman Nakayu moved to table consideration of Ordinance No. 887 pending further investigation by the City staff. Councilman Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

CONSIDERATION OF A CONDITIONAL USE PERMIT AND SITE PLAN FOR LYNN PALMER/YOUNG EXPLORERS, INC. FOR A DAY CARE CENTER AT APPROXIMATELY 1752 WEST 4800 SOUTH #M, ORCHARD COVE APARTMENTS

Councilman Tafoya asked about the seven parking spaces required by the Planning Commission. Chris Zimmerman stated that there were eight parking stalls adjacent to the unit Lynn Palmer planned to use for her day care center, but they were not assigned to her. The staff and Planning Commission recommended that seven parking stalls be assigned.

Councilman Tafoya asked about fencing around the play area. Lynn Palmer said that Triton Investments had agreed to put in fencing and assign parking stalls in the utility drive. They didn't want to assign covered parking spaces to the day care center.

Chris Zimmerman stated that if covered stalls were not used, the only other available spaces were across the traffic lane to the south.

Councilman Tafoya was concerned about children having to cross traffic lanes.

Councilman Nakayu asked if the sink in the kitchen had been replaced. Lynn Palmer said that she would not begin making any changes until she began the licensing process. Councilman Nakayu felt all of the required changes needed to be finished before Lynn Palmer began caring for any children. Chris Davis said the Council could make that a condition.

Lynn Palmer said the State allowed her to care for four children before she needed a license, which she had been considering. However, if the City Council preferred that she wait, she was willing to do so.

Councilman Tafoya moved to approve a conditional use permit and site plan for Lynn Palmer/Young Explorers, Inc. for a commercial day care center at approximately 1752 West 4800 South # M, Orchard Cove Apartments, subject to the recommendations of the Planning Commission and staff, seven parking spaces being assigned to the day care, fencing around the play area, and that all interior construction be finished before Lynn Palmer began caring for any children. Councilman Nakayu seconded the motion.

Chris Zimmerman asked if the parking needed to be adjacent to the building. Councilman Tafoya said it did.

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

PRELIMINARY APPROVAL OF LARRY DALEY SUBDIVISION AT APPROXIMATELY 4182 WEST 6000 SOUTH

Councilman Tafoya stated that it was unclear who would be finishing the improvements on 6000 South.

Chris Davis stated that this was an unusual subdivision. Larry Daley really shouldn't be responsible to complete 6000 South. The City staff had met with Larry Daley, Michael Hansen, and Larry Kliewer. When the road was extended, the City was looking at having Michael Hansen and Larry Kliewer be responsible for curb, gutter, and sidewalk. Those agreements would be in place before the subdivision came back for final approval.

Councilman Smith felt those agreements should be in writing. Chris Davis said they would be.

Councilman Nakayu asked how long it would be before 4125 West was constructed. Chris Davis stated that the property to the east of Larry Daley's subdivision was owned by Tim Butler. There were four phases in Mr. Butler's subdivision. His first phase would connect to 5850 South in Olympia Park West. His last phase included plans to build 4125 West and connect to 6000 South.

Dave Collins stated that if Tim Butler did not sell any lots off to other contractors, it would probably be well over a year before he got to Phase 4.

Councilman Nakayu asked if the City should complete 4125 West to 6000 South and recoup the money from Tim Butler at a later date. Chris Davis said it was the end of the season for road construction. It might be something to look at in the spring.

Councilman Smith moved to grant preliminary approval of the Larry Daley Subdivision subject to the staff and Planning Commission recommendations. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

FINAL APPROVAL OF OLYMPIA PARK WEST SUBDIVISION NO. 3 AT APPROXIMATELY 5836 SOUTH 4300 WEST

Mark Larson stated that the third phase of Olympia Park was located on 4300 West just south of Southwest Park. It consisted of four lots. Matt Clyde's existing home was located on Lot No. 48. U.S. Development had spent about 1½ years resolving the wetland issues on this phase. The subdivision improvements would include water, sewer, and secondary water laterals for Lot No. 48.

Councilman Nakayu asked what sections of 4300 West were still dirt. Mark Larson said U.S. Development would pave 4300 West in front of this subdivision. The road in front of Southwest Park was still dirt.

Mark Larson said the Fire Department and City Engineer were concerned about the surface of the driveway on Lot No. 48. Chris Davis stated that the Fire Chief had given the staff a letter indicating that he was willing to accept the existing road base driveway and a fire hydrant no less than 150 feet from Matt Clyde's home.

Chris Zimmerman stated that U.S. Development was also working with Matt Clyde to get him switched from Hooper Water to Roy City water. A sewer lateral would be stubbed to Mr. Clyde's lot.

Councilman Cordova asked about the wetlands. Chad Stokes stated that the Army Corps of Engineers had allowed them to buy into a wetland bank so they could fill in the wetlands in the subdivision. There would be a pipe along the back of Lot No. 47 to maintain hydraulity. It would cross 4300 West and dump into the Howard Slough.

Councilman Nakayu asked about the lot numbering. Chad Stokes said the lots would be numbered consecutively from Phase No. 2.

Councilman Nakayu asked when 4300 West would be finished. Chris Davis said the only portion of 4300 West that wasn't paved was in front of City property. Chris Zimmerman said the Public Works Department had future plans to complete 4300 West.

Councilman Smith asked when this subdivision would be finished. Chad Stokes said they would have improved lots within 60 days, but they probably wouldn't be able to asphalt until spring. They had to wait until the temperatures were above 50 degrees.

The City Council suggested that the road in front of Southwest Park and along 6000 South be completed before June. Chris Zimmerman said there was more involved than just laying asphalt. There were utilities that had to be completed. There would be a lot of construction going on in Southwest Park in the spring. The City might want to wait to pave the road until that was finished.

Councilman Tafoya asked about Matt Clyde's sewer. Chris Zimmerman stated that Matt Clyde's home was more than 300 feet from the sewer line. The City Engineer was willing to allow Matt Clyde to keep his septic tank if he connected to Roy City water and a sewer lateral was stubbed into his lot. Chris Davis said the State law said a homeowner had to connect to sewer if it was within 300 feet of their home. Matt Clyde's home was more than 300 feet from the City's sewer line.

Councilman Nakayu suggested that the City provide some incentive to Matt Clyde, such as waiving the sewer connection fee. Chris Davis said the staff could have those discussions. Chris Zimmerman said the City couldn't waive North Davis Sewer's impact fee.

Councilman Cordova moved to grant final approval of Olympia Park West Subdivision No. 3 subject to the staff and Planning Commission's recommendations. Councilman Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

UPDATE ON HILL AIR FORCE BASE'S ENVIRONMENTAL CLEANUP PROGRAM

Mark Loucks, from Hill AFB, stated that he was present to update the City Council on Hill AFB's TCE cleanup program. Their field investigation had identified the extent of the plume in Roy. It ran from 1900 West to about 2900 West just north of 6000 South. Hill AFB would be asking the City for a lease to put in more wells to determine if the plume was expanding and how fast it was moving. Because of the topography in Roy, the contaminants were nearer to the surface and were showing up in the groundwater. The Roy plume was fast moving. The ground water was moving about 360 feet a year. The contaminants moved about 2/3 the rate of the groundwater. Hill AFB wanted to give the Roy plume its own identity in order to provide greater individual attention. They were also trying to identify the source of the contamination.

Mr. Loucks said Hill AFB had tested trees and fruit from nine homes in Sunset and Clinton. The test results showed barely detectable concentrations of TCE. The concentrations levels did not pose an immediate public health threat. Hill AFB was working with Utah State University to perform a detailed study. They were sampling bottled fruit and assessing the potential for TCE to be in fruit in Roy. They were taking steps to inform residents of Sunset and Clinton and other communities. Mr. Loucks said the cleanup period would be lengthy. It took 40 to 60 years for the contaminants to show up. It could take that long to clean them up.

Councilman Nakayu asked that Hill AFB call the Roy contamination something other than the ‘Roy plume.' There were some areas in Roy with high concentrations. He hoped that Roy was high on their priority list. Mr. Loucks said that Roy was next on their list.

Mayor Burnett asked if Hill AFB wanted to sample bottled fruit from Roy. Mr. Loucks said they were willing to do that. Mayor Burnett said he would provide them with a list of names.

Mayor Burnett asked for public comments.

Dave Collins asked if Hill AFB was in communication with other communities throughout the country doing chemical cleanups. Mark Loucks said they did their own testing, but they tried to network ideas with people on the forefront of research.

Wallace Hunsaker, 3111 West 6000 South, asked how far west and north the plume went. Mark Loucks said it went to about 2900 West and north to about 5800 South.

APPROVAL OF LETTER OF UNDERSTANDING WITH EB GOLF REGARDING GOLF COURSE PURCHASE

Chris Davis stated that the letter of understanding with EB Golf was not significantly different than what the City Council had seen previously. There were some minor concerns that needed to be addressed. He asked that the City Council authorize the Mayor to execute a letter of understanding addressing the concerns of the City Council and legal counsel.

After some discussion, Mayor Burnett stated that he would wait until Friday, October 19th, to execute the letter of understanding. If the City Council had any further concerns they had until then to contact Chris Davis.

Councilman Smith moved to authorize the Mayor to execute a letter of understanding with EB Golf regarding the golf course purchase subject to addressing the concerns of the Council and legal counsel, and that the City Council have any concerns to the City Attorney by 5:00 p.m. on October 19th. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

The City Council took a recess from 7:35 to 7:47 p.m.

REQUEST FROM WALLACE HUNSAKER THAT THE CITY COUNCIL RECONSIDER THE ZONING OF HIS PROPERTY AT APPROXIMATELY 3100 WEST 6000 SOUTH

Gerry Adair stated that he was representing Wallace Hunsaker. Mr. Hunsaker was asking that the City Council reconsider the R-1-10 Zone it assigned to property he annexed into the City. In order to make development of Mr. Hunsaker's property economically feasible, he needed 34 lots. An R-1-10 Zone would only allow 29 lots. Eighty percent (80%) of the City was zoned R-1-8. There were very few R-1-10 Zones. Mr. Adair felt the City had set a precedence for smaller lots under the power lines. Utah Power & Light was talking about putting in another line and increasing the voltage on the wooden poles.

Councilman Cordova stated that an increase in the voltage was even more reason to keep homes away from the overhead lines. He was concerned about homes being near power lines. No one knew how they could affect people. The Planning Commission and City Council had been working on updating the master plan. They were proposing that the entire transmission corridor have a low density use. Just because there was a precedence did not mean it was right to continue it.

Mark Larson stated that neither the Planning Commission nor the City Council considered averaging the lot sizes.

Chris Davis said the City Council had considered averaging lot sizes in other subdivisions. As a trade off, the City Council asked for a development agreement and higher home standards.

Councilman Nakayu suggested that this be referred back to the Planning Commission to consider an R-1-8 Zone with average lot sizes above 10,000 square feet in exchange for a development agreement.

Chris Davis stated that it would take at least two Council members to make and second a motion to reconsider the zoning. If two Council members indicated they were willing to do that, the staff would place it on the next Council agenda and notify adjoining property owners.

Councilman Tafoya felt the remaining undeveloped land in Roy should be zoned R-1-10. He didn't feel the neighboring property owners would change their minds about the zoning they wanted.

After further discussion, Councilmen Nakayu and Smith indicated they would be willing to reconsider the zoning.

Chris Davis stated that the staff would put a motion to reconsider the zoning on the November 20th Council agenda.

INTERIM CITY MANAGER'S REPORT

Chris Davis stated that the Fire and Police Chiefs had attended a county-wide meeting about biological terrorism. They would be distributing that information to employees throughout the City.

Chris Davis reported that Mike Mansfield had bid out the landscaping project on Airport Road as directed by Councilman Smith. It was between $40,000 and $50,000. There wasn't a budget for the project this time.

Chris Davis stated that the next scheduled Council meeting would be November 20th. There needed to be a special Council meeting to canvass the election results. The staff needed to know when the Council wanted to hold that meeting and if it wanted to meet on October 30th. The Council agreed to hold a special meeting on November 13th at 6:00 p.m. to canvass the election. It also agreed to not meet on October 30th.

Chris Zimmerman presented the City Council with the next section of the master plan to review.

Chris Zimmerman reported that Pepsi had agreed to purchase a $25,000 time clock for the Recreation Complex. In exchange, Roy agreed to remove the Coke machines from the complex and inform those who rented booths at the annual Roy Days how to obtain both Pepsi and Coke products. Unless the Council objected, that was the direction the staff would proceed. There were no objections from the Council.

Councilman Tafoya asked about announcements for the City Manager's position. Chris Davis said the staff hoped to have them out before the next Council meeting.

Councilman Nakayu asked if it would be possible to have flyers sent to the elementary schools to remind people to vote. Chris Davis said the staff would take the funds from the Council contingency fund to pay for the copies.

Councilman Cordova showed the Council pictures of a water park in Portland, Oregon and suggested that something similar could be done at Municipal Park.

Councilman Smith felt that the City Council needed to support Gerry Adair's efforts to get needed transportation improvements in Roy.

Chris Zimmerman reported on UDOT's plans for 5600 South.

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

1. Staff prepare flyers to be sent to elementary schools reminding citizens to vote.