APPROVAL OF FEBRUARY 4, 2003 MINUTES

Councilwoman Becraft moved to approve the minutes of February 4, 2003, as written. Councilman Tanner seconded the motion. Council members Becraft, Tafoya, Cordova, and Tanner voted "aye." The motion carried.

APPROVAL OF THE CONSENT AGENDA

Councilman Tanner asked that item A be removed from the consent agenda to discuss individually.

Councilman Tafoya moved to approve the consent agenda consisting of: request for approval of beer license renewals for Rite Aid Drug Store #6128, Sacco's Produce, Sinclair Retail #43012 and the Rainbow Saloon. Councilman Cordova seconded the motion. Council members Becraft, Tafoya, Cordova, and Tanner voted "aye." The motion carried.
Councilman Tanner noted that in the Planning Commission notes, there was discussion regarding parking on the west side of the building which is actually on adjoining property. Chris Davis stated that the Planning Commission recommended approval without the parking on the west side. Councilman Cordova pointed out that the dumpster was also on adjoining property and asked what would be done regarding that. Chris Davis stated that the dumpster would be moved to the southwest corner and that the storm water drainage issue addressed in the Planning Commission notes had also been resolved.

Councilman Tanner moved to approve item A of the Consent Agenda consisting of; consideration of site plan for an addition to the Westar building located at approximately 5451 South 1900 West including the Planning Commission's recommendation to allow Mr. Cashmore to re-slope the parking lot to drain the storm water into the existing drain. Councilman Cordova seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

CONSIDERATION OF RESOLUTION NO. 778 ACCEPTING A PETITION FROM P. WAYNE AND GWEN C. HANSEN TO CONSIDER ANNEXATION OF APPROXIMATELY 42.39 ACRES OF CERTAIN REAL PROPERTIES INTO ROY CITY AND DIRECTING THAT PUBLIC HEARING BE SET FOR APRIL 15, 2003, AT 6:30

Councilman Tafoya moved to approve Resolution No. 778 accepting a petition from P. Wayne and Gwen C. Hansen to consider annexation of approximately 42.39 acres of certain real properties into Roy City and directing that public hearing be set for April 15, 2003, at 6:30. Councilman Tanner seconded the motion. A roll call vote was taken. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Request for approval for a Class E Beer License and a Class A Liquor License for the Sports Addiction at 5301 South 1900 West

Andy Blackburn recommended that approval for a Class E Beer License and a Class A Liquor License for the Sports Addiction be tabled as this has not yet been reviewed by the Planning Commission.

Councilman Becraft moved to table approval for a Class E Beer License and a Class A Liquor License for the Sports Addiction at 5301 South 1900 West pending review by the Planning Commission. Councilman Tanner seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

PUBLIC HEARING TO CONSIDER ADOPTION OF AN ANNEXATION DECLARATION POLICY

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

Chris Davis explained that Utah State Law requires that a City have an Annexation Declaration Policy in place before annexations can be approved.

5A. CONSIDERATION OF RESOLUTION NO. 789 ADOPTING MASTER ANNEXATION DECLARATION POLICY

Councilman Tanner moved to approve Resolution No. 789 adopting a Master Annexation Declaration Policy. Councilman Tafoya seconded the motion. A roll call vote was taken. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried

PUBLIC HEARING TO CONSIDER A PETITION FROM BRAD C. NEWEY, TINA MARTIN, SHERRY A. NEWEY, ROY G. AND HELEN BRAEGGER, AND WEBER BASIN WATER CONSERVANCY DISTRICT TO ANNEX APPROXIMATELY 57.09 ACRES LOCATED AT APPROXIMATELY 5225 SOUTH 3500 WEST WITH A ZONE OF R-1-10

Mark Larson explained that the Newey and Braegger families and Weber Basin Water Conservancy District are requesting annexation of approximately 57.09 acres with a recommended zone of R-1-10. Two developers are proposing to develop a subdivision on the Braegger and Newey Parcels. The developers are proposing 74 lots. Chris Davis stated that the petitioners are responsible to de-annex from the Hooper Water District as the parcels are currently located within the Hooper Water District. Also, the Weber Fire District has a property taxing interest on all parcels due to an outstanding bond which will be effective until August 2005.

Mayor Burnett asked if there was any public input.

Robin Sveum, 5309 S. 3675 W., requested that if the parcels be annexed and zoned R-1-10 that a buffer of larger lot sizes abut the existing homes.

Thomas Zito, 5318 S. 3750 West, expressed concern about possible devaluation of current surrounding property causing property owners to lose equity in their homes. He stated that surrounding homes range from $125,000 to $200,000 and would like to see homes of equal value designed for the proposed development.

Councilman Cordova asked what has been done as far as a buffer for past developments. Mark Larson explained that in County Meadows Phase 2, the homes abutting Country Meadows, Phase 1 are larger homes and that the homes and lots become smaller as they move further from Country Meadows. Chris Davis stated that the Boundary Commission made the decision as to the size of the lots in the above-mentioned development, not Roy City.

Councilman Tanner asked if the property in question is currently zoned. Mr. Larson stated that it is zoned simply agricultural. Mr. Larson also stated that the area to the West and Southwest is zoned R-1-8 and that the properties located directly north of the Weber Basin Water Conservancy District property is zoned R-1-10.

Joe Langeveld, 5405 S. 3675 W., who lives in Lakeview Equestrian Park Subdivision, stated that all of the lots in Lakeview Equestrian Park are one-half to three-quarter acres as are the lots in Country Meadows Subdivision directly to the north. Mr. Langeveld also expressed concern about accessibility to and from the proposed development.

Councilman Cordova asked if the zoning could be split or if all annexed property had to have the same zoning. Andy Blackburn stated that he felt the zoning could be split.

Councilwoman Becraft moved to close the public hearing at 7:06 p.m. Councilman Tanner seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

6A. CONSIDERATION OF RESOLUTION NO. 790 APPROVING THE ANNEXATION OF THE BRAD C. NEWEY, TINA MARTIN, SHERRY A. NEWEY, ROY G. AND HELEN V. BRAEGGER, AND WEBER BASIN WATER CONSERVANCY DISTRICT PROPERTIES

Councilman Tafoya moved to approve Resolution No. 790 approving the annexation of the Brad C. Newey, Tina Martin, Sherry A. Newey, Roy G. and Helen V. Braegger, and Weber Basin Water Conservancy District properties Councilman Tanner seconded the motion. A roll call vote was taken. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried. (Copy filed for record.)

6B. CONSIDERATION OF ORDINANCE NO. 908 ESTABLISHING AN R-1-10 ZONE FOR BRAD C. NEWEY, TINA MARTIN, SHERRY A. NEWEY, ROY G. AND HELEN V. BRAEGGER, AND WEBER BASIN WATER CONSERVANCY DISTRICT PROPERTIES

Councilman Tafoya noted that in the Ordinance, paragraph 3, it states that property being annexed into the City should be R-1-8 or greater. This should state R-1-10 or greater.

Councilman Tafoya asked to hear from the Developers regarding neighboring concerns about larger lot sizes.

Rocky Vandersteen, who plans to develop the western portion of the property, stated that the lots to the south of his proposed development are smaller than the 10,000 s.f. lots on his plan. He stated that Roy City recommended R-1-10 zoning which he felt comfortable with. The property to the south of Mr. Vandersteen's property is zoned R-1-8. His feeling was that neighbors will be happy with the final plan.

Brad Larsen of J & B Development plans to develop the eastern portion and stated that even though he was requesting R-1-10 zoning, the 33 lots that Mr. Vandersteen plans to develop average 14,000 s.f. due to the configuration of the land. Mr. Larsen stated that the 50 lots he plans to develop average 12,000 sq/ft with approximately 80 foot frontages. Councilman Cordova asked if any other configuration has been considered to allow for larger lot sizes along the north and south edges of the property. Mr. Larsen stated they had not. He felt that the ditch which runs along the north side of the development would act as a buffer between the two subdivisions as it spans approximately 35 feet.

Councilman Tafoya moved to approve Ordinance No. 908 establishing an R-1-10 Zone for Brad C. Newey, Tina Martin, Sherry A. Newey, Roy G. and Helen V. Braegger, and Weber Basin Water Conservancy District properties. A roll call vote was taken. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

PRELIMINARY APPROVAL OF SHADY MEADOW ESTATES SUBDIVISION LOCATED AT APPROXIMATELY 5225 SOUTH 3500 WEST

Mark Larson stated that the proposed Shady Meadow Estates Subdivision will consist of three phases with a total of 74 lots on 27.5 acres. Brad Larsen and Jerry Conquist will be developing Phases 1 and 2 consisting of 50 lots, and Rocky Vandersteen and Kevin Ivins will be developing Phase 3 which consists of 24 lots. A regional detention basin along the east side of the Layton Canal is included in these properties. The lots range from 10,000 to 18,590 s.f.

Mr. Larson listed some concerns: 1) The developers must disconnect and de-annex from Hooper Water. 2) UDOT will control all access and improvements off 3500 West. 3) A regional detention basin exists on the east side of Layton canal which the developers are responsible for a portion of for their development. 4) The Planning Commission was concerned about a fence along the Weber Basin Property and the Layton Canal. The other requirement is that a subdivision have a fence wherever there is agricultural use. To the south, the properties in Equestrian Estates Subdivision have animal rights; hence, there will be a fence requirement along 3500 West. Councilman Cordova asked if there is an existing fence along 3500 West. Mr. Larson stated that some of the properties have fences; however, the requirement is that a fence separate all lots from the development. 5) A spring exists on lot No. 54. The developers are aware that this will need to be capped and they will need to determine whether there are wetlands on that property. 6) In an R-1-10 zone, frontage is required to be 80 ft. Lot Nos. 28 and 68 need to be measured to ensure compliance. 7) Lot No. 74 is an odd-shaped lot, and staff recommends an envelope showing the size and shape of home that could be built on that lot. 8) Several engineering concerns exist which the developers are aware of. Councilman Tafoya recommended beautification of the retention pond as has been done in Herefordshire. Mayor Burnett stated that water level would have to be determined prior to beautification. Councilman Tafoya also recommended that the developer install fences along the south and north borders to clear up any question about property lines.

Robin Sveum, 5309 S. 3675 W., asked if anyone knows where the true property line is. He stated that he and his neighbors have always considered the existing fence to be the property line but asked how the property line is determined. Andy Blackburn stated that if a fence has existed for more than 20 years, that is considered boundary by acquiescence. Mr. Vandersteen stated that two companies have surveyed and the result was a difference of approximately 4 inches.

Councilman Cordova stated that he would still like to see 15,000 sq/ft lots along Country Meadows and Lakeview Equestrian Estates.

Mark Larson stated that his understanding was that the neighbors are more concerned about the value of homes built on the lots, not necessarily the size of the lots.

Councilman Tafoya stated that he felt the proposed housing values are equivalent to existing homes and asked what the debate was about.

Joe Langeveld stated that his concern is not about the size of the lots but the narrow frontage which precludes the building of more valuable homes. Mr. Langeveld also asked who maintains the ditch along Country Meadows. Brad Larsen said that the City Engineer's office informed him that the ditch would be either re-routed or piped and Mark Larson stated that the individual property owners will maintain the easement as part of their property.

Councilman Tafoya moved to table preliminary approval of Shady Meadow Estates Subdivision located at approximately 5225 South 3500 West until the developers can create a plan with lots that have greater than 80 foot frontages. Councilman Cordova seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion

PUBLIC HEARING TO CONSIDER A PETITION FROM VIRGIL B. ANDERSON, SEI MANAGEMENT, INC., DAVID W. AND DONNA M. ALTOP, TAMRA J. HANNA, AND DAVID AND BONNIE GALLOWAY TO REZONE APPROXIMATELY 3.44 ACRES LOCATED AT APPROXIMATELY 4655 SOUTH 1900 WEST FROM R-4 TO CP-2 AND A PETITION FROM VIRGIL B. ANDERSON

TO REZONE APPROXIMATELY 0.74 ACRES LOCATED AT APPROXIMATELY 4651 SOUTH 1900 WEST FROM R-1-8 TO R-4

Councilman Cordova moved to open a public hearing at 8:06 p.m. Councilwoman Becraft seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Mark Larson stated that originally, the petition was from the Virgil Anderson family to rezone their property from an R-4 to CP-2 zone. Several neighbors also expressed desire for rezone; hence, the proponents are requesting that approximately 3.69 acres which consists of 5 lots along 1900 West between 4571 South and 4700 South be rezoned from R-4 to CP-2 and that 0.74 acres be rezoned from R-1-8 to R-4. Mr. Larson explained that this is consistent with the General Plan. Mr. Larson showed a conceptual plan of the Anderson property which includes commercial storage units, three multi-family buildings and retail shops or a professional office complex along 1900 West. The Brown Stone Apartments are already in the area and neighbors are opposed to additional multi-family units. Planning Commission recommended approval of the CP-2 zoning and elimination the multi-family units.

Councilman Cordova asked if this issue was prematurely coming to City Council. Mark Larson stated that the proponents wanted conceptual approval before spending money on a final plan. Their feeling was that they could not market the property until a rezone was approved. Andy Blackburn stated that the zoning could not be approved without approving the Ordinance and suggested that the Council table the request.

Mayor Burnett asked for any public input.

Kathryn Clark, 1995 W. 4600 S., stated that she was very in favor of storage units in this area as this was the best proposal thus far.

Julie Cowley Hansen, 2011 W. 4600 S., stated that she also approved of storage units in this area. She expressed that she still had concerns about the problems storage units may present but felt this was far better than the open field that exists. She stated that she and her neighbors are excited about the idea of having a buffer between their neighborhood and the Brown Stone Apartments. She also expressed frustration with zoning enforcement or lack thereof and felt this needed to take higher priority. She stated that the fence surrounding the Brown Stone Apartments has been down for a long time and needs to be replaced. She has called Zoning Enforcement several times, is assured her concerns will be addressed, but never have been.

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

8A. CONSIDERATION OF ORDINANCE NO. 909 APPROVING A REZONE OF PROPERTY LOCATED AT APPROXIMATELY 4655 SOUTH 1900 WEST, ROY, UTAH FROM AN R-4 DESIGNATION TO A CP-2 DESIGNATION

Councilman Tanner moved to table consideration of Ordinance No. 909 approving a rezone of property located at approximately 4655 South 1900 West, Roy, Utah from an R-4 designation to a CP-2 designation until a new site plan is approved by the Planning Commission. Councilman Cordova seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

PUBLIC HEARING TO CONSIDER A PETITION FROM HAZEL MARTIN AND DALE BARLOW TO REZONE APPROXIMATELY 8.41 ACRES LOCATED AT APPROXIMATELY 5600 SOUTH 3500 WEST FROM RE-20 TO CP-2

Councilwoman Becraft moved to open a public hearing at 8:34 p.m. Councilman Tanner seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Mark Larson stated that Planning Commission did not have a problem with the rezone. The General Plan shows the above-mentioned property as possible commercial. A conceptual plan was presented.

Bret Wahlen, from Great Basin Engineering, stated that he is representing the Martin family. Gary Marin, Hazel Martin's son, was also present. Mr. Wahlen explained that Hazel Martin's health is failing and she requires 24-hour a day care. In order to pay for this care, the family is attempting to sell the property. They would like to sell this property as commercial. Mr. Wahlen explained that some interest has been expressed to build a restaurant on the corner lot and that other proposed uses include a credit union and other retail-type shops. Mr. Wahlen stated that if a CP-2 zone is not approved, they will be forced to develop as residential.

Councilman Tafoya explained that if the rezone is approved, the possibilities are great as to the type of business that could occupy the property. His feeling was that a developer's agreement to limit the type of business that could occupy the property was needed before a rezone is approved.

Gary Martin stated that his mother has owned the property for 60 years and recognized that the greatest value would be in commercial property.

Casey Halls, Dale Barlow's son-in-law, stated that the plan was not for a convenience store or fast food restaurant but more along the lines of a bank or restaurant.

Max Westergard, 5698 S. 3100 W., stated that his feeling was that it makes the most sense to zone commercial; however, he had concerns about the types of businesses that might come in.

Clare Taylor, 5757 S. 3550 W., stated that she was opposed to commercial development at that site due to the existing traffic problem. Her feeling was that commercial development would only bring more traffic to an already congested 5700 South. She stated that with all of the businesses already in the area, traffic is unbearable.

Steve Wilson, 3529 W. 5700 S., stated that he purchased his home 18 months ago because commercial zoning of the property in question was previously denied. He stated that he wouldn't be opposed to office buildings but something such as a fast food restaurant would be unacceptable to him. He said he would like to see the property remain residential as the surrounding businesses already create lighting and traffic problems. He urged the Council to not make a decision tonight.

Ray Alvey, 3459 W. 5700 S., stated that he was very in favor of the rezone and feels that commercial zoning is the best choice for that piece of property. He did state that he would like to see a protected left turning lane on 5700 South and hoped that UDOT would also recognize the need as more businesses move into the area.

Councilwoman Becraft moved to close the public hearing at 9:04 p.m. Councilman Tanner seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Councilman Tafoya asked for clarification on what the Planning Commission was requesting. Mr. Blackburn stated that they were recommending approval of Ordinance No. 871 without the specific details. Chris Davis suggested a developer's agreement be drafted before approval of the ordinance. Mark Larson stated that the proponents need the rezone approved before they can market the property. Mr. Wahlen stated that he understood from Planning Commission that a developer's agreement would be drafted after approval of the rezone.

Councilman Tafoya asked how Mr. Wahlen expects to attract businesses when there are several surrounding commercial pads vacant. Mr. Wahlen felt that many businesses are attracted to a corner lot which the Martin property has and that the sale of even one lot would be enough to support Mrs. Martin's health care needs.

Casey Halls said that developers won't even consider the property until the rezone is approved. He again expressed that his father-in-law plans on creating a nice development.

Councilman Tafoya agreed that this property should be zoned commercial; however, expressed concern about the many possibilities that could exist in a CP-2 zone and would like to see a developer's agreement.

9A. CONSIDERATION OF ORDINANCE NO. 871 APPROVING A REZONE OF PROPERTY LOCATED AT APPROXIMATELY 3500 WEST 5600 SOUTH, ROY, UTAH FROM AN RE-20 DESIGNATION TO A CP-2 DESIGNATION

Councilman Tafoya moved to table consideration of Ordinance No. 871 approving a rezone of property located at approximately 3500 West 5600 South, Roy, Utah from an RE-20 designation to a CP-2 designation until a developer's agreement is drafted and signed. Councilman Cordova seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Mark Larson asked if this would satisfy the public hearing on this issue or if another one would be required. Mayor Burnett stated that another public hearing on this issue would not need to be held.

PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ROY CITY GENERAL PLAN

Councilman Cordova moved to open the public hearing at 9:40 p.m. Councilwoman Becraft seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Mark Larson stated that this was the first annual amendment to the General Plan. He stated that several amendments need to be made: The location for the UTA commuter rail needs to be added at 4000 South. The use of properties near 4800 South 4300 West need to be changed from R-1-7 to RE-20. The use of property on 5600 South from 3100 West to approximately 3275 West, needs to be changed from commercial to R-1-10.

Councilwoman Becraft moved to close the public hearing at 9:55. Councilman Tanner seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

10A. CONSIDERATION OF ORDINANCE NO. 910 AMENDING THE CITY OF ROY GENERAL PLAN 2002

Councilman Cordova moved to adopt Ordinance No. 910 amending the City of Roy General Plan 2002. Councilman Tanner seconded the motion. A roll call vote was taken. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

CITY MANAGER'S REPORT

Chris Davis updated the Council on the progress of the pool.

The annual dinner for the Board of Adjustments, Planning Commission, and City Council will be held March 14.

MAYOR AND COUNCIL REPORTS

Mayor Burnett stated that Roy City is working with Ogden City on the animal control issue.

The City won't be notified if the Carnival they are working to schedule will be available for Roy Days until mid-March.

Councilman Tommy Smith is still struggling with medical problems he has experienced in relation to his leg.

Councilwoman Becraft stated that her school will be holding a read-a-thon on March 3 and invited the council members to assist if possible. She also stated that flyers for the Tongue Tied Concert are printed and available.

Councilman Tanner invited the Council to an indoor color guard at Roy High School on Saturday, February 22. He also stated that he received plans from the City Engineer's Office for the freeway exit beautification plan. He spoke with the Assistant Planner for Pleasant Grove, who has done a similar project, and learned that all improvements must be approved by UDOT before proceeding. Councilwoman Becraft stated that she knows of six L.D.S. stakes in the area who will be looking for service projects around the City for their youth to participate in.

Councilman Tanner moved to adjourn to a closed meeting to discuss the character and competence of personnel at 10:15 p.m. Councilman Cordova seconded the motion. A roll
call vote was taken. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Roger Phil Burnett
Mayor
Attest: