APPROVAL OF SEPTEMBER 17, 2002 MINUTES

Councilman Tafoya moved to approve the minutes of September 17, 2002, as written. Councilman Smith seconded the motion. Council members Becraft, Smith, Tafoya, Cordova, and Tanner voted "aye." The motion carried.

CONSIDERATION OF A SITE PLAN FOR THE ROY RETAIL CENTER LOCATED AT APPROXIMATELY 5600 SOUTH 1900 WEST

Chris Zimmerman explained that the plan for the Roy Retail Center is to remodel the existing building, build new retail store fronts and add parking. Cary Dunn, architect for Stuart Hulbert Partners, explained that the plan includes five new retail spaces within the east half of the existing building (east of Ben Franklin). Councilman Cordova stated that in the Planning Commission notes there was mention of a pole sign and asked if a monument sign could be considered in place of the pole sign to coincide with the 1900 West beautification plan. Mr. Dunn stated that a sign had not been selected and they would stay within the limits of the sign ordinance and plan for 1900 West; in fact, Mr. Hulbert has been participating in the 1900 West beautification meetings.

Councilman Tafoya moved to approve the site plan for the Roy Retail Center located at approximately 5600 South 1900 West subject to staff and engineering recommendations. Councilwoman Becraft seconded the motion. Council members Becraft, Smith, Cordova and Tanner voted "aye." The motion carried.

JUSTICE COURT UPDATE AND APPROVAL OF JUSTICE COURT JUDGE

Andy Blackburn, City Attorney, explained that 23 applications had been received, a committee met to interview several of them, and a decision has been made. Mr. Blackburn recommended that Scott Waterfall be selected as the Justice Court Judge. Mr. Waterfall has 20 years of experience as an attorney, 10 years experience as a Justice Court Judge in South Ogden, and has experience with criminal and small claims cases. Positive feedback was received by all references. A salary of $21,500 per year has been determined until next year's budget is in place. Mr. Blackburn recommended hiring Scott Waterfall as the Justice Court Judge for Roy City.

Councilman Cordova moved to accept Scott Waterfall as the Justice Court Judge to begin January 2, 2003 at a salary of $21,500 per year for at least the next six months. Councilman Tanner seconded the motion. A roll call vote was taken. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Mr. Blackburn also explained that two full time clerks will be needed starting January 2, 2003. One clerk will be grade 11 and the other will be grade 7 or 8. The six month salary for the grade 11 will be $14,352. The six month salary for the grade 7 or 8 will be $11,900 or $12,490. Mr. Blackburn asked the Council for direction to move ahead with hiring these two clerks.

Councilman Smith moved to advise Attorney Blackburn to go ahead with the hiring process of a grade 11 and grade 7 or 8 clerks. Councilman Cordova seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

PUBLIC HEARING 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 AN R-1-8 DESIGNATION TO A CP-2 DESIGNATION

Councilman Smith moved to open the public hearing at 6:27 p.m. Councilman Cordova seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Chris Zimmerman explained that the property requested for rezone is the southeast corner of 4800 South and 3500 West. The site is a corner lot with 203 feet of frontage along 4800 south and 112 feet frontage along 3500 West. The west side is undeveloped, on the east side there is an older home. Mr. Yu purchased the property as an investment as apparently the property was advertised commercial. The future land use map shows this piece of property as commercial; however, it is zoned R-1-8. In May of 2002 a public hearing was held in Planning Commission meeting regarding the rezone. There was a sizeable public showing as the neighboring residents would like to see the property remain a residential zone. The Planning Commission tabled the rezone as no agreement could be reached. There was some talk about the neighbors purchasing the property in order for it to remain residential. The conceptual site plan was altered and went back to the Planning Commission in September 2002. The Planning Commission recommended approval of the rezone with strict conditions on use as pertains to what type of use would be allowed and hours of operation. Councilman Smith asked if the restrictions had been set. Mr. Zimmerman stated that restrictions could be placed based on public input.

Sally Dana, 3464 West 4825 South, resides directly behind the property. Ms. Dana's concerns relate to noise, lack of privacy, and the public. She clarified that there was discussion regarding purchasing the land, however, none of the neighbors could afford such a purchase and didn't feel they should have to in order to keep the value of their homes. Ms. Dana asked what the definition of conditional use is. Mr. Zimmerman explained that conditional use is permitted use that the City Council can put conditions on the use of. Discussion thus far has been that the Council would go further than conditional use setting hours of operation and size of business limiting night time use. He also explained that a site plan would have to go before Planning Commission and city Council for approval. Ms. Dana requested that the property be cleaned up and stated that she wouldn't mind if a small office building was constructed on the property. She also requested that a 10-foot fence rather than an 8-foot fence be constructed if the rezone is approved. She had some concern regarding removal of the current trees on the property and asked if that would be the case. Mr. Zimmerman stated that would be included in the site plan and has not yet been determined. Ms. Dana concluded that she was not really opposed to a CP-2 zoning; however, would prefer that the lot be landscaped and cleaned up only.

Bradley Fehr, 3463 West 4800 South, stated that he has the largest bordering property and is adamantly opposed to commercial development so close to his home. In addition to Ms. Dana's concerns, he expressed concern about the effect a commercial development might have on the value of the adjoining properties, crime, traffic, trespassing, and trees being removed. He felt that tax revenue should not be the basis of the rezone. Commercial development has evolved all around his neighborhood and he feels there has been enough. He stated his prior relationship with the Council members and felt his wishes should be respected as he's been a long-time resident of Roy and has contributed to the Community. He wants the property cleaned up and kept residential.

Theo Hall, 3490 West 4825 South, resides directly behind the property. His feeling is that the property is currently an eye sore. He also stated that when he moved there several years ago the surrounding area had a "rural feeling." In the last several years, many businesses have evolved within close proximity to his home. He expressed concern about the type of limitations that would be set on such a development and asked who would set those limitations. Mayor Burnett explained that he and the Council would set those limitations. Councilman Smith suggested the neighbors create a list of limitations they would like to see put on a possible conditional use permit.

Roger Long, 3452 West 4825 South, stated that he has lived there for 12 years. He expressed concerns with the CP-2 zoning even with a conditional use permit. He also stated that he would like to see the existing trees remain in place to avoid an increase in noise level. He stated that he is opposed to any type of business going in to that property. He works a rotating shift that requires that he sleep during the day and was very concerned about noise level even during business hours. As traffic is currently a problem, an increase would only compromise the safety of the children in the neighborhood. He felt a business would invade his privacy; however, agreed that the property needs to be cleaned up. He stated that if the rezoning is approved, he would feel the need to sell his home. In regards to the neighbors purchasing the property, he stated it would have been $50,000 for each of them which would be a bigger financial burden than they could bear. He felt a commercial development would have a negative impact on the existing neighborhood and would devalue the existing homes.

Councilman Tanner asked who would purchase a home that was built on that property. He stated that the park would bring no revenue to Mr. Yu and the weed patch is not helping the image of the City. He stated that several citizens had expressed what they don't want and asked for any suggestions they might have.

Revele Long, 3452 West 4825 South, suggested that an office space or retirement home be considered with an adjoining park. She stated that currently the property has a rodent problem which needs to be taken care of. She also liked the rural feel when she moved in and felt there are too many businesses already. Her concerns include traffic and noise both of which are currently a problem. Her feeling was that the neighbors would all move if a business moves into the property.

Mr. Fehr recommended cleaning up the property and renting the home that currently exists on the property.

Councilman Smith addressed the concerns of the public such as noise, view problems, increased traffic, and lack of privacy. He suggested that a business could actually increase property value and increase aesthetics. His feeling again was that the neighborhood needs to write down their concerns, make suggestions and submit them to the City to resolve some concerns. He suggested that the City has grown and development is inevitable and one has to make a decision whether to live with that or move on.

Mr. Fehr asked if an impact study could be done to determine how surrounding property value would be affected.

Councilman Tafoya recognized that there is a weed problem and asked if staff could send out City crews to address the problem regardless of what is determined in the meeting tonight.

Councilman Cordova recognized that Mr. Fehr requested an impact study. He stated that commercial development and residential has been mixed in several other areas and seems to be accepted by residents affected.

Helena Carney, 3335 W. 4800 S., created a picture of what she felt was presented to the neighbors when the Winegars and strip mall went in. She felt the neighbors were misled and didn't get what was initially presented. She felt that the City should buy the property, clean it up and make it green space. Her feeling was that money shouldn't be the basis of the rezone.

Dana Hales, real estate broker of 30 years, was asked by Mr. Yu to speak on his behalf. He suggested the property owner also has rights. He recognized that the issues raised are of great concern; however, business is for the convenience of the citizens. He stated that Mr. Yu would like to utilize his investment as currently it is a financial burden to him. He also stated that Mr. Yu was aware that the property was zoned R-1-8 when he purchased it; however, felt that it was zoned residential for tax reasons. Mr. Hales stated that the Planning Commission recommended approval of the rezone, and pointed out that it's not possible to satisfy everyone involved. Mr. Yu would like a conditional use permit to utilize his property which falls within the future land use map. Mr. Hales' feeling is that the City Council should proceed with the rezone and recognize the personal property rights of all citizens that they might utilize their property to it's highest ability. His feeling is that this is a matter of law and personal property rights.

Mr. Fehr asked if Mr. Yu's property rights would be violated if the rezone was not approved.

Andy Blackburn stated that this would not violate Mr. Yu's property rights and the City Council
has the right to go either way.

Mr. Long recognized that Mr. Yu has owned the property for some years and hasn't taken care of it. His concern was that a business in that location may be hard to access and for that reason may fail which may result in a state of clutter, garbage, etc.

Councilman Tafoya pointed out that someone who buys a piece of property that is zoned R-1-8 shouldn't buy the property expecting a rezone and the master plan is not concrete.

Jerri Lynn Corless asked if a particular business was interested in the property and if not, can Mr. Yu find a potential buyer and then come back with more information. Councilman Tafoya explained that no one wants to spend time looking for a customer before a rezone is approved.

David Merrill explained that from his view, he could see five concerned neighbors who don't know what to expect. He also recognized a landowner who had a piece of land that was not benefitting him. His feeling was that the neighbors and landowner need to get together and discuss the problem and come up with a decision all parties can live with.

Theo Hall asked the Mayor if 4825 South could be better patrolled at night for speed and noise. The Mayor said he would take care of that.

Mayor Burnett stated that the Council requested to hear from Mr. Yu or his representative. Mr. Yu's representative explained that Chris Zimmerman had been taking care of the case.

Chris Zimmerman explained that on the master plan the piece of property is shown as possible commercial which means it could be a medical office, dental office, pharmacy, or something of the like. Developers won't look at a piece of property until it's zoned accordingly. He also pointed out that a piece of property that small couldn't be a grocery store, convenience store, strip mall etc. He explained that property and sales tax would be minuscule to any business that would be built there and that the City isn't advocating the sale of the property. His feeling is that any business would be an improvement over the current state. Staff could meet with the neighbors and Mr. Yu and come up with a plan that would suffice; however, if restrictions are too tight, the property will end up as it currently is. The fact is, the property will never be a park and won't be homes, as it would be too costly.

Councilman Cordova asked if there is demand for office space. Mr. Zimmerman stated that there is almost no demand for such a business. His feeling was that a pizza place, a sandwich shop, or a car wash; something that wants high volume traffic, is what would be attracted to such an area.

Mayor Burnett asked what zoning is required for an assisted living type development. Mr. Zimmerman felt that would fit into an R-1-8.

Councilman Smith felt options need to be explored.

Councilwoman Becraft moved to close the public hearing at 7:43 p.m. Councilman Tanner seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Councilman Smith moved to table the rezone for 30 days until staff, developers and neighbors can meet, evaluate the situation, and attempt to come to an agreement. Councilman Cordova seconded the motion asking how many people are willing to be involved in such an assessment. Several volunteered. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

CONSIDERATION OF MATCHING FUNDS FOR A DEPARTMENT OF NATURAL RESOURCES GRANT FOR SOUTHWEST PARK

Chris Zimmerman explained that the Utah Division of Parks and Recreation has a land and water conservation grant available for things such as parks. Tom Hansen and Mr. Zimmerman have applied for the grant. 1.2 million dollars is available statewide and the intent is to request $200,000 in federal funds; however, the City has to be able to match that. There are no park impact funds available to match the grant; however, $160,000 has been budgeted for FY2003 for park impact funds from new home construction. In addition, Mike Mansfield has identified over $100,000 in revenue from the Storm Water Impact Fee Fund that can be used for Storm Water Infrastructure for the park. Staff is suggesting committing $100,000 from the Park Impact Fees Revenue from FY2003 along with $100,000 in Storm Water Impact Fees for a total of $200,000 match.

Councilman Tanner moved to authorize Mayor Burnett to submit this grant application for assistance from the Utah Division of Parks and Recreation, that funds up to a total of $100,000 from Storm Water Impact Fees and funds up to a total of $100,000 from Park Impact Fees from FY2003, be used as a total match of up to $200,000. This would serve as a cash match for a grant totaling up to $200,000 in federal funds. That the total federal funds and local match be used for construction of Phase 1 of Southwest Park and that the Roy City Parks and Recreation Department will be responsible for the cost of operation and maintenance of Southwest Park upon completion. Councilman Cordova seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

PRESENTATION BY LARRY BECKNELL, PE, OF CRS ENGINEERING REGARDING TRAFFIC STUDIES ON THREE INTERSECTIONS ON 4800 SOUTH: 2900 WEST, 2125 WEST, AND 3100 WEST

Mike Mansfield introduced Larry Becknell, PE, who has conducted the traffic studies. His conclusion is that all three intersections warrant a traffic signal. The intersection of 2125 West qualified under a total of four warrant conditions. The intersection of 3100 West qualified under a total of four warrant conditions. The intersection of 2900 West qualified under a total of three warrant conditions. Mr. Becknell recommended that the offset at the intersection at the high school (2125 West) also be realigned at the time of semaphore installation. He recommended that the City prioritize the intersections, install one signal, and see if improvement is seen on all three intersections as one signal may create the necessary gaps for pedestrian crossing.

In relation to the 2900 West intersection, Jeff Corless expressed concern that pedestrian traffic will increase after the Aquatic Center is completed.

Lela Argyle suggested that the biggest problem exists when games are being held at the park.

Jerri Lynn Corless felt the problem at the park relates to people who continually park illegally. She stated that the parking lot is generally empty and the streets that are red-striped are lined with vehicles. She has called the police who come, find the owners at the park, and ask them to move their vehicles. The time that this occurred, 4 out of 9 persons moved their vehicles. There is no visibility when vehicles are parked on both sides of the street which is obviously a safety hazard for all those who travel around the park.

Lela Argyle recommended that a light be installed first at the 2900 West intersection in an attempt to slow traffic before getting to the high school. Ken Byington agreed. Randy Tuke felt that a light is a good idea; however, would not address the visibility issue.

Elaine Hansen felt that the traffic problem at 2900 West could be addressed by having a police officer direct traffic during games and other major events. Her feeling is that citizens need to be forced to be responsible, observe cross walks, etc.

Dave Merrill asked if Mr. Becknell would recommend putting a signal at one intersection over the others. He suggested that the 2900 West intersection has the most accidents; however, because small children are involved, he may make the one closest to the elementary school the priority.
Councilwoman Becraft suggested that crossing guards, teachers, and the elementary principal all help the children cross the street and she suggested that the 2900 West intersection be priority.

Councilman Cordova asked if four-way-stops are an option. Mr. Becknell stated that none of the intersections warranted a four-way-stop as a four-way-stop necessitates equal arterials which doesn't exist along 4800 South.

Councilwoman Becraft asked if a light were put at the high school, would it be activated always or just during school. Mr. Becknell explained that the light could be programmed as needed and that a vehicle on the side street would trigger a light change, otherwise the light would stay green for vehicles on 4800 South. Councilman Tanner asked if there would be a lane for left turns. Mr. Becknell stated that the intersection did warrant a protected left turn lane.

Mayor Burnett asked if there is any other option to a signal. Mr. Becknell stated that as far as speeding and parking violations, random and consistent patrol is most effective; however, doesn't lower accident numbers.

Mayor Burnett thanked Mr. Becknell for doing the study.

Mike Mansfield explained that all three intersections could be evaluated and prioritized and state funding may be available.

Ms. Corless felt that if the parking problems can be solved, the 2900 West intersection would be a lot safer. Mr. Mansfield explained that consideration is being given to making the right turn off 4800 South a bigger radius as the tight corner is part of the problem.

Mr. Mansfield asked the Council if they had any direction for him at this time regarding signal installation. Councilman Cordova suggested that funding options be researched before a decision is made.

Councilman Cordova moved to red stripe 4800 South from the 2900 West intersection to the tracks. Councilman Tanner seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

APPROVAL OF GATEWAY MAPPING INCORPORATED CONTRACT - ANDY BLACKBURN

Andy Blackburn explained that the City is incorporating a Geographical Information System (GIS) which will include an assessment of the City's current GIS needs and create a master plan which would be accessible by computer. The contract would be in conjunction with Roy Water Conservancy Subdistrict as they have already entered into a contract with Gateway Mapping.

Councilman Smith moved to approve the Gateway Mapping Contract subject to Mr. Blackburn's negotiations. Councilman Tafoya seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.

WORKSHOP ON MR. VOORHEES' PROPERTY

Chris Zimmerman explained that Crockett and Koehler had a meeting with Woodside Homes regarding a plan for condominiums rather than apartments. Great Basin Engineering created a conceptual site plan. The City Council's concerns with apartments such as overcrowding of the schools, lack of ownership, traffic issues on Airport Road, etc. have been addressed. On the current plan, the exit/entrance has been widened, the buildings will be 1½ story, and there will be 50% green space.

Councilman Tafoya asked if the fire chief was in agreement with the plan. Chris Zimmerman stated that the Fire Marshall hadn't looked at the plan; however, it meets all requirements.

Mr. Zimmerman explained that he was looking for direction from the Council in terms of whether all issues have been addressed. He explained that if the Council agrees, a conceptual plan will be approved based on engineering recommendations then would come back for final approval.

Councilman Tanner suggested talking with the surrounding Home Owners Associations to get their feeling after alleviating so many of the concerns. Mr. Zimmerman's feeling was that the surrounding HOA's will still be opposed to the plan; however, notices could be sent out and invitations made to a workshop.

Councilman Smith recommended no further workshops, that the plan go before the Planning Commission and then back to the City Council.

Andy Blackburn stated that the purpose of the work session was to help get direction and provide information but does not guarantee final approval.

CITY MANAGER'S REPORT

Due to Chris Davis' absence, Chris Zimmerman addressed the City Manager issues. He reported that a Senior Citizen lunch will be held on October 15 at 11:00 a.m. and asked for volunteers to serve the meal.

Mr. Zimmerman also reported that he spoke with Tom Hulbert who is requesting money to assist in his development. The only possibility is for RDA money to help with curb, gutter, and sidewalk as the RDA only comes to the west side of the street. Councilman Tafoya felt that if RDA funds are used to assist Mr. Hulbert, future proponents would expect the same. Councilman Smith felt that a plan already exists to beautify 1900 and the money will be spent anyway. Mr. Zimmerman expressed desire to assist Mr. Hulbert if possible.

Andy Blackburn reported that he would be making an offer to Mr. Lobato for his property. He also reported that he is planning to schedule a meeting for the Employee Appeals Board for October 17 at 3:30.

CITY MANAGER'S REPORT

Due to Chris Davis' absence, Chris Zimmerman addressed the City Manager issues. He reported that a Senior Citizen lunch will be held on October 15 at 11:00 a.m. and asked for volunteers to serve the meal.

Mr. Zimmerman also reported that he spoke with Tom Hulbert who is requesting money to assist in his development. The only possibility is for RDA money to help with curb, gutter, and sidewalk as the RDA only comes to the west side of the street. Councilman Tafoya felt that if RDA funds are used to assist Mr. Hulbert, future proponents would expect the same. Councilman Smith felt that a plan already exists to beautify 1900 and the money will be spent anyway. Mr. Zimmerman expressed desire to assist Mr. Hulbert if possible.

Andy Blackburn reported that he would be making an offer to Mr. Lobato for his property. He also reported that he is planning to schedule a meeting for the Employee Appeals Board for October 17 at 3:30.

ADJOURN

Councilwoman Becraft moved to adjourn City Council Meeting at 10:25 p.m. Councilman Smith seconded the motion. Council members Becraft, Smith, Tafoya, Cordova and Tanner voted "aye." The motion carried.