APPROVAL OF MAY 21, 2002, MINUTES

Councilwoman Becraft moved to approve the minutes of May 21, 2002, as written. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.

APPROVAL OF THE CONSENT AGENDA

Mayor Burnett asked to have Item B removed from the Consent Agenda.

Councilman Tafoya moved to approve the Consent Agenda consisting of: Set a public hearing for July 2, 2002, at 6:15 p.m. to consider a petition from June H. Day to rezone approximately 2.56 acres located at approximately 3200 West 6000 South from RE-20 to R-1-8. Councilman Tanner seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.2B. CONSIDERATION OF CLASS "B" BEER LICENSE FOR ROYAL DRAGON RESTAURANT AT 5410 SOUTH 1900 WEST - TABLED

Mayor Burnett felt a beer license for a Chinese restaurant was unusual.

Councilman Tafoya asked what the staff knew about the owners. Chris Zimmerman said the owners planned to have more variety than the other Oriental restaurants in the area and at a lower price. They had been cooperative in addressing the staff's concerns.

Councilman Tafoya moved to table approval of a Class "B" beer license for the Royal Dragon Restaurant until the City Council had had an opportunity to speak with the owners. Councilman Smith seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.

CONSIDERATION OF CLASS "B" BEER AND LIQUOR LICENSES FOR MONICO'S ITALIAN RESTAURANT AT 5301 SOUTH 1900 WEST

Chris Zimmerman stated that Manuel's El Burrito was moving out of Lew Lutz's building because their lease ended in July. Lew Lutz planned to open an Italian restaurant in the vacant space. He had applied for Class "B" beer and liquor licenses for his restaurant.

Lew Lutz stated that Manuel's El Burrito currently had Class "B" beer and liquor licenses. He planned to buy their equipment and open an Italian restaurant.

Councilman Cordova moved to approve Class "B" beer and liquor licenses for Lew Lutz for a restaurant at 5301 South 1900 West. Councilman Smith seconded the motion.

Councilman Smith stated that Rudie's was within close proximity. He asked if Mr. Lutz foresaw any problems or conflicts with Rudie's. Mr. Lutz said that Manuel's El Burrito had current beer and liquor licenses. There hadn't been any problems between Manuel's and Rudie's. He did not anticipate that he would have any.

Council members Cordova and Smith voted "aye." Council members Becraft, Tanner, and Tafoya voted "nay." The motion was defeated.

Lew Lutz asked why the Council had voted against his beer and liquor licenses. Councilwoman Becraft did not feel comfortable approving a liquor license for a family restaurant. Councilman Tanner felt the same way. Councilman Tafoya was not comfortable having two liquor licenses next to each other.

Lew Lutz did not feel he would be able to make the restaurant work without the beer and liquor licenses.

PUBLIC HEARING TO CONSIDER A PETITION FROM M. J. LAND AND LIVESTOCK TO REZONE APPROXIMATELY 0.93 ACRES LOCATED AT APPROXIMATELY 5500 SOUTH 3275 WEST WITH A ZONE OF R-1-8

Councilman Smith moved to open the public hearing at 6:18 p.m. Councilwoman Becraft seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.

Chris Zimmerman stated that M. J. Land and Livestock recently requested that the parcel immediately to the north be annexed and zoned R-1-8. The staff and Planning Commission recommended approval of the requested R-1-8 Zone, and the City Council concurred. The staff also recommended that the parcel in question be rezoned from RE-20 to R-1-8 based on the width of the property and the location of the road. M. J. Land & Livestock planned to subdivide both parcels. Mr. Zimmerman said the property owner wanted to maintain animal rights on this property until it was subdivided.

Mayor Burnett asked for questions and comments from the audience. There were none.

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

Councilman Cordova moved to approve Ordinance No. 895 approving a rezone of property located at approximately 5400 South 3275 West, Roy, Utah, from an RE-20 designation to an R-1-8 designation and directed that the owners be allowed to maintain their animal rights on the property until it was subdivided. Councilman Smith seconded the motion. A roll call vote was taken: Council members Smith, Becraft, Tanner, Tafoya, and Cordova voted "aye." The motion carried. (Copy filed for record).

CANCEL PUBLIC HEARING SCHEDULED AT 6:30 P.M. TO CONSIDER 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 TO CP-2

Chris Zimmerman stated that the Planning Commission had tabled Mr. Yu's rezone petition for 90 days in order to allow adjacent property an opportunity to try and purchase the property and to allow Mr. Yu to prepare a proper site plan. The Planning Commission tabled the rezone with the petitioner's consent. Based on the Planning Commission's action, it was necessary to cancel the hearing.

CANCEL PUBLIC HEARING SCHEDULED AT 6:45 P.M. TO CONSIDER A PETITION FROM LINDA AND RON BEXELL AND MARIA GAHAN TO REZONE APPROXIMATELY 3.14 ACRES LOCATED AT APPROXIMATELY 2349 WEST 6000 SOUTH FROM RE-20 TO R-4

Chris Zimmerman stated that when the Planning Commission held a public hearing to consider the Bexell rezone petition, adjoining neighbors were not happy about having apartments around them. In addition, owners of three parcels around the Bexell property expressed an interest in joining the rezone and potential development. Based on those two factors, the Bexell family decided to withdraw their rezone request, meet with the other property owners, and come up with a plan to incorporate the entire area. Based on those facts, it was necessary to cancel the public hearing.

RECOGNITION OF EMPLOYEE OF THE MONTH

Police Chief Greg Whinham stated that the Police Department wished to nominate Casey Jones for May 2002 Employee of the Month. When the consolidated dispatch center was created, all of the filing and computer systems were changed. Casey had to train 37 people on how to run the new system. Then she had to create a records division for the Roy City Police Department.

Councilman Tanner moved to accept Casey Jones as the May 2002 Employee of the Month. Councilman Smith seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.

Mayor Burnett presented Casey Jones with a recognition plaque and a gift certificate.

CITY MANAGER'S REPORT

Chris Davis stated that the Elks Lodge had asked the City Council to decided on a theme for the Roy Days parade.

Chris Davis stated that Mike Mansfield, the Public Works Director, planned to meet with Roy Watts from the secondary water district to discuss water usage.

Chris Davis stated that he would be out of town on June 6th and 7th.

MAYOR AND COUNCIL REPORTS

Mayor Burnett stated that he would be out of town at the end of the month.

Councilman Cordova asked about the results of a traffic study the Police Department conducted on the 4800 South 2900 West intersection. Police Chief Whinham stated that all of the drivers stopped by the Police Department lived within two blocks of the intersection. They had been informed the Police Department was doing traffic enforcement in the area. Chief Whinham said traffic enforcement had increased department-wide. Chris Zimmerman stated that the Public Works Department had conducted traffic studies for 2900 West 4800 South and 3100 West 4800 South to determine if they warranted semaphores. The 2900 West 4800 South intersection did not meet the warrants, but the 3100 West 4800 South intersection did. Councilman Cordova felt West Park added to the traffic flow at 2900 West 4800 South. Police Chief Whinham anticipated increased usage of both intersections when the swimming pool opened. Mayor Burnett asked about putting an intermittent light at the 2900 West 4800 South intersection to run in the morning and evenings and after games.

Councilwoman Becraft stated that she had received complaints about racing on 2700 West from 10:00 p.m. to midnight. Police Chief Whinham said that street racing had become a trend among the youth. The Police Department was using various grants to get officers out on the streets doing all kinds of traffic enforcement. There was discussion about the use of the speed trailer.

Councilman Tanner asked if there was a chairman or governing body for Roy Days. Chris Davis said there was not. Councilman Tanner felt there should be.

Councilman Tanner stated that he would not be able to attend the June 18th Council meeting.

Chris Davis reminded the City Council about the deadline for the upcoming newsletter.

Councilman Tafoya stated that the Democratic Chair had thanked Roy City for its help with their convention.

Councilman Smith stated that the City Council was invited to attend the upcoming celebration in Ogden City on June 14th, 15th, and 16th commemorating the signing of the Emancipation Proclamation.

The City Council took a break from 6:56 to 7:00 p.m.

PUBLIC HEARING ON THE PROPOSED FY2003 BUDGET AND FINAL ADJUSTMENTS TO THE FY2002 BUDGET

Councilwoman Becraft moved to open the public hearing at 7:01 p.m. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.

Cathy Spencer stated that the staff was proposing the following changes to the proposed FY2003 budget:

1. $58,889 allocated from Council Contingency to the insurance expenditures of various departments.
2. $45,823 increase in part-time fire fighter wages to better reflect the anticipated expenditures.
3. $5,000 increase to beautification expenditures in Public Works Administration.
4. $18,000 increase to part-time wages in the Parks Department to maintain the reservoirs. The Utility Enterprise Fund would reimburse the General Fund for the expenditures.
5. $20,464 increase in revenue from the Utility Enterprise Fund to the General Fund for the allocation of insurance for employees included in the interdepartmental professional and technical allocation. This was also an expenditure in the Utility Enterprise Fund.
6. $30,000 reduction in dispatch fees - $5,243 from the Fire Department and $24,757 from the Police Department.
7. $15,000 increase in boarding fees for Animal Control. The City would begin using Weber County for the sheltering instead of Ogden City. Both had increased fees for the upcoming year.
8. $20,000 rebudget for the Sandridge restroom roofing project which was not completed in FY2002.
9. $35,967 reduction in the projection for the property tax revenue. The current year final settlement came in lower than expected, which changed the projected amount for FY2003.
10. $176,676 increase in projects for the Class C Road Fund. This would be used for the 4300 South and 6000 South improvement projects.
11. $60,000 increase in Class C Road expenditures to perform a traffic study. This was one-half of the total cost. The other half would be budgeted in FY2004.
12. $200,310 increase in projects for the Storm Sewer Development Fund. This would be used for the El Campo Verde and Southfork Meadows detention ponds.

Ms. Spencer said the total proposed budget after the adjustments listed above was:

Previously Budget Final
Approved Budget Adjustments Budget

General Fund $10,994,192 $ 22,497 $11,016,689
Class C Road Fund $ 1,145,000 $191,676 $ 1,336,676
Capital Projects Fund $ 3,666,595 $ 0 $ 3,666,595
Utility Enterprise Fund $ 5,169,800 $ 0 $ 5,169,800
Storm Sewer Utility Fund $ 360,000 $ 0 $ 360,000
Storm Sewer Fund $ 680,000 $200,310 $ 880,310
Park Development Fund $ 632,700 $ 0 $ 632,700
Internal Service Funds:
Data Processing $ 286,135 $ 0 $ 286,135
Risk Management $ 745,150 $ 0 $ 745,150

Police Chief Greg Whinham responded to questions from the Council about the reduction in dispatch fees and the increased Animal Control shelter fees.

Councilman Smith asked about the reduction in risk management. Chris Davis said the staff had pulled $500,000 out of reserves to help pay for the outdoor pool.

Cathy Spencer stated that the following adjustments were proposed for the FY2002 budget:

1. $14,900 net increase to General Fund reserve. Revenues were adjusted to better reflect amounts received.
2. $10,000 revenue for the Cadet Corp Grant; and $9,000 for the FY2002 Cops in Shops Grant.
3. $10,972 revenue from State Liquor funds.
4. $25,168 reduction in revenue from the Boys and Girls Club flow-through grant. The grant started in February, and the budget reflected a full year of funding. There was a corresponding reduction to expenditures in the Council Contingency Fund.
5. $46,700 increase in expenditures for the Fire Department; $29,000 increase in part-time wages; and $17,700 increase in EMS expenditures related to increased ambulance calls. This was funded by the increase in revenue from ambulance services.
6. $2,500 increase in professional and technical expenditures in Public Works Administration. This is for engineering on various projects.
7. $855 increase in traffic school expenditures for capital.
8. $5,000 increase in part-time wages in the Parks Department for maintaining the ground of the reservoirs. The total amount would be reimbursed to the General Fund from the Water and Sewer Fund.
9. $2,800 increase in police expenditures for badges and training.
10. $20,000 reduction in capital expenditures from the Parks Department. This was for roofing the Sandridge restrooms. It was determined that the project should not be done during the summers months when the park was used. The project would be rebudgeted in FY2003 and done in the fall.
11. $91,500 net reduction in revenue projections for the Water and Sewer Fund. This was to better reflect actual revenues received. The majority of the decreases related to building and impact fees. Because construction was down, related revenue was also down.
12. $5,000 increase to professional and technical interdepartment to fund the maintenance of the reservoirs by the Parks Department.
13. $450,000 increase in proposed expenditures for the outdoor pool. This was for the land purchase, engineering, and architectural services.
14. $9,000 decrease in revenue projections for the Storm Sewer Utility fund.
15. $44,000 decrease in revenue projections for the Class C Road fund.
16. $104,015 increase in equipment purchases in Class C to purchase a garbage truck.
17. $55,000 decrease in revenue projections for the Storm Sewer Development fund. This was a result of the decrease in new construction.
18. $103,000 decrease in revenue projections for the Park Impact fund. This was a result of lower construction.
19. $1,200,000 reduction in capital projections in the Park Development fund.

Cathy Spencer said the final budget for FY2002 was:

Previously Budget Final
Approved Budget Adjustments Budget

General Fund $11,057,648 $ (91,328) $10,966,320
Class C Road Fund $ 1,120,000 $ 148,015 $ 1,268,015
Capital Projects Fund $ 1,054,453 $ 450,000 $ 1,504,453
Utility Enterprise Fund $ 5,037,074 $ (91,500) $ 4,945,574
Storm Sewer Utility Fund $ 340,000 $ (9,000) $ 331,000
Storm Sewer Fund $ 272,750 $ (17,250) $ 255,500
Park Development Fund $ 1,250,000 $(1,200,000) $ 50,000
Internal Services Funds:
Data Processing $ 141,324 $ 0 $ 141,324
Risk Management $ 247,150 $ 0 $ 247,150

Cathy Spencer asked for direction from the City Council on preparation of resolutions to approve the final budget for FY2003 and the final adjustments for FY2002.

Mayor Burnett asked if there were any comments from the audience. There were none.

Councilwoman Becraft moved to close the public hearing at 7:52 p.m. Councilman Tanner seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.

Councilman Smith moved to direct the staff to prepare resolutions approving the FY2003 budget as proposed and final adjustments for FY2002 as proposed. Councilman Tafoya seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.

1. ADJOURN TO REDEVELOPMENT AGENCY MEETING

Councilman Cordova moved to adjourn to a Redevelopment Agency Meeting at 7:25 p.m. Councilman Smith seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.

2. RECONVENE CITY COUNCIL MEETING

Councilman Tanner moved to reconvene the City Council meeting at 8:02 p.m. Councilman Smith seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.

3. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO RCO 34-20-4(3) AND 34-20-6(1) TO ALLOW SEXUALLY-ORIENTED BUSINESSES AS CONDITIONAL USES IN COMMERCIAL ZONES

Councilman Smith moved to open the public hearing at 8:02 p.m. Councilwoman Becraft seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.

Andy Blackburn stated that the City had been in the process of adopting ordinances to govern sexually-oriented businesses. The City Council had adopted ordinances regulating licensing. Now it needed to address zoning issues. The Planning Commission had made some recommendations, and the City had received input from outside legal counsel. Based on those sources, he had prepared Resolution No. 896 amending RCO Title 34 to allow sexually-oriented businesses as a conditional use in commercial zones and adding Section 34-20-4(3) regarding special regulations for sexually-oriented businesses. The City needed to have restrictions, but it could not preclude S.O.B.'s from operating in the City. Mr. Blackburn said Ordinance No. 896 needed to be amended to include Hinckley Drive in 34-20-4(3)[b].

There was discussion about restricting S.O.B.'s to manufacturing areas only with distance restrictions.

Chris Davis stated that Andy Blackburn had been checking into amortization of non-conforming S.O.B.'s.

Board member Cordova asked about signage for S.O.B.'s. Mr. Blackburn felt signage was covered by the City's current Sign Ordinance and restrictions in Ordinance No. 896.

Mayor Burnett asked if there were any comments from the audience. There were none.

Councilman Smith moved to close the public hearing at 8:30 p.m. Councilman Cordova seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.

Councilman Cordova moved to adopt Ordinance No. 896 amending Title 34, Chapter 20, Section 6, to allow sexually-oriented businesses as a conditional use in commercial zones, C-1 and C-2, and applicable special regulations by adding Section 4(3) to Title 34, Section 20 subject to 34-20-4(3)[b] being amended to include Hinckley Drive; and that a map be attached as Exhibit "A." Councilman Smith seconded the motion. A roll call vote was taken: Council members Tanner, Cordova, Tafoya, Becraft, and Smith voted "aye." The motion carried. (Copy filed for record).

4. ADJOURN

Councilman Smith moved to adjourn at 8:32 p.m. Councilwoman Becraft seconded the motion. Council members Becraft, Cordova, Smith, Tafoya, and Tanner voted "aye." The motion carried.5. SUMMARY OF ACTIONS CHARGED

1. Staff to prepare resolutions approving the FY2003 budget as proposed and final adjustments for FY2002 as proposed.

Roger Phil Burnett
Mayor

Attest:

Michelle Drago
Secretary

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