APPROVAL OF MARCH 4, 2003 MINUTES

On page 5, item 8, Councilwoman Becraft corrected the date of the read-a-thon from March 3 to February 28.

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

CONSENT AGENDA

Councilman Tafoya moved to approve the consent agenda consisting of; Preliminary approval of Hidden Cove Subdivision located at approximately 5400 South 3275 West. Councilman Tanner seconded the motion. 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 developers have returned with a new plan eliminating one lot on Phase 1 and adding curvature to 5225 South as it connects to 3500 West further offsetting the intersection at 5200 South and 3500 West. Eliminating the one lot adds approximately 10 feet to the width of each lot along the north side of Phase 1 taking the frontage from approximately 80 feet to approximately 90 feet. It was determined that the Regional Detention Basin is smaller than originally thought; hence, adding three lots to Phase 3. Brad Larsen stated that he preferred the original plan on Phase 1 with 50 lots and without the curvature in 5225 South. Mark Larson stated that the developers were willing to go with the revised plan of 49 lots or go with the original plan including 50 lots with protective covenants. These covenants include; Minimum square footage on lots in the development be 10,000 sq. ft. Ground floor square feet area of the main structure, exclusive of garage and any one-story open porches, shall not be less than 1,250 square feet for a one-story dwelling. In a two-story home, which is two stories above the curb level, the combined area of the ground story level and the story above ground-story level, exclusive of garage and any one-story open-story porches, shall total not less than 1,300 square feet. In a multi-level home (i.e. three or four level split), the levels above grade, exclusive of garage and any one story open porches shall not be less than 1,350 square feet. No building shall be erected or placed on any lot having less than 40% brick, stone or stucco on the front, with a 3' brick or stone wainscot on the two sides. 100% brick, stone, or stucco on the front without a brick or stone wainscot on the sides. All homes must have a minimum of a 2 car attached garage.

Chris Davis pointed out that the restrictive covenants are not being required by the City, that the developers created them on their own.

Joe Langeveld, 5405 S. 3675 W., stated that he had spoken with Brad Larsen who expressed concern over the financial impact of losing one lot. Mr. Langeveld felt that the feeling existed that Roy should be comprised of starter homes. His feeling was that lots with 80 foot frontages are limited on the size of home allowed. He would like to see larger lots with wider frontages made available, hence, larger homes. Because the whole development gained 3 lots, his feeling was that the loss of one lot was insignificant.

Councilman Cordova reminded the audience that the minimum lot square footage in Roy used to be 6,000 sq. ft. and has been increased to a minimum of 8,000 sq. ft. in an attempt to accommodate larger homes to get away from the "starter home" stigma.

Rocky Vandersteen reminded the Council and audience that in the last City Council Meeting, the concern seemed to be the size and type of homes, not the size of the lot.

Kevin Ivins stated that originally there were 8 or 9 more lots in Phase 3; however, due to the Regional Detention Basin, these lots were eliminated. He felt that 5 or 6 lots were still eliminated from the original plan. He stated that going from an 8,000 sq. ft. lot to a 10,000 sq. ft. lot doesn't significantly increase lot size. He stated that the expected price range of homes built on these lots will be $160,000 to $180,000.

Robin Sveum, 5309 S. 3675 W., stated that he would like to see bigger lots along the north and south borders of the development as there are plenty of 1/4 acre lots in the center portion of the development.

Thomas Zito, 5318 S. 3750 W., thanked the developers for coming up with the restrictive covenants; however, still expressed concern over the lot size. His feeling was that the covenants were more important than having one less lot. He felt that traffic was still an issue as the subdivision would be difficult to access. He would like to see a traffic light on 5225 South and 3500 West. He also expressed concern over the existing drainage ditch along the north boundary of the proposed development. Brad Larsen stated that he has spoken with the Roy City Engineer who stated that the ditch would be re-routed and piped; hence, eliminating an open ditch. Mr. Zito also stated that he would like to see a six-foot fence along the property with animal rights, a sidewalk around the detention basin and improvements made to the detention basin to create green space.

Rocky Vandersteen stated that it wouldn't be reasonable to improve the detention basin to attract children due to the fact that the water may be fairly deep. A fence will be built around the basin.
Councilman Cordova stated that for every lot sold, a $1,000 park development impact fee will be paid to the City.

Councilman Tafoya asked the neighbors who were present which was more important; covenants or lot size.

Joe Langeveld asked how wide the lots would be bordering Country Meadows. Mr. Vandersteen stated that ranged from 90 to 100 ft. He then asked how wide the lots would be along Lakeview Equestrian Estates. Mr. Larsen stated that they would be 90 ft wide on the plan with 49 lots, 80 ft wide on the plan with 50 lots. Mr. Langeveld stated that he didn't like the compromise. He felt that the lots on each side of the development should be equal. Mr. Brad Larsen reminded the Council and audience again that the original concern of the neighbors was the size and type of homes that would be built in this development, not the size of the lots. Mr. Vandersteen stated that larger lots won't necessarily result in a larger home.

Councilman Tafoya expressed concern about the covenants being enforced and asked how dedicated the developers are to abiding by the covenants. Mr. Larsen stated that there would be one to two builders for the entire development with approximately 4 to 5 house plans all of which would meet the requirements set forth in the covenants. Chris Davis stated that all house plans are reviewed by the City and they can and will be enforced. Andy Blackburn stated that the building inspector will enforce the covenants if that is the route chosen by the City Council.

Councilman Tanner asked the developers if they would be willing to go with the plan consisting of 49 lots along with the restrictive covenants. Brad Larsen stated that they would not be willing to do that.

Mark Larson stated that while the issue was being discussed, there was a question about fencing. He asked if the City Council would require fencing along the south side of the development that borders lots with agricultural zoning. Councilman Cordova asked if a fence currently exists. Mr. Larson stated that some lots have fences, some don't. He also asked if a fence would be required along the canal. Councilman Cordova stated that requiring a fence would be inconsistent with the requirements of past developments. Kevin Ivins stated that any lot along the south side that has animals already has a fence to keep their animals in.

Gloria Sveum, 5309 S. 3675 W., expressed concern about the property line. She stated that in the previous City Council Meeting where this issue was discussed, there was talk about the existing fence being the property line. She was concerned about structures on her property that may be affected by moving the property line. Mr. Brad Larsen stated that a survey has been done and the back corners of the involved lots will be staked; however, he had looked at the structures on her lot and felt that they would not be affected.

Councilman Tafoya moved to approve the preliminary design of Shady Meadow Estates Subdivision located at approximately 5225 South 3500 West revised on January 21, 2003 consisting of 50 lots, curvature in 5225 South, the protective covenants presented by the developers, approval of the three additional lots in Phase 3, without the requirement of a fence along the border of the Detention Basin. Councilman Cordova seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

PUBLIC HEARING TO CONSIDER A PETITION FROM GREGORY AND ANN CALDWELL, LEE AND SUZANNE HUNTER, DENEISE CLAXTON, DANNY AND ELLA MCINELLY, DAVID AND JEANNE H. LALOLI, AND MAX A. AND MARY E. COVEY TO REZONE APPROXIMATELY 7.34 ACRES LOCATED AT APPROXIMATELY 4250 WEST 4800 SOUTH FROM R-1-7 TO RE-20

Councilwoman Becraft moved to open a public hearing at 7:15 p.m. Councilman Tanner seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

Mark Larson explained that the current zoning of this property is R-1-7 and the property owners are proposing that their property be rezoned to an RE-20 designation. He explained that there are six property owners requesting the rezone from 4125 West to 4300 West along 4800 South. Some of the property owners have horses and would like to build a barn which is not allowed in an R-1-7 zone. Mr. Larson's feeling is that the property should have been zoned RE-20 all along.

Councilman Cordova stated that he assumed that property was already zoned RE-20. He did express concern that no curb or gutter exists along the lots from 4250 W. to 4300 W. Mr. Larson stated that this could be done at the time of development; however, could not be imposed at the time of the rezone. Lon Hansen stated that curb and gutter could be constructed at the time a water line is put in which is planned for that road.

Gail Larsen, 4380 South 5350 West, stated that he owns property on 4300 West adjacent to the property owners requesting rezone. He is not opposed to the rezone; however, would like it recorded that he does not desire his property to be zoned RE-20. He would like it to remain
R-1-7.

Councilman Tanner moved to close the public hearing at 7:25 p.m. Councilwoman Becraft seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.

4A. CONSIDERATION OF ORDINANCE NO. 911, AN ORDINANCE APPROVING A REZONE OF PROPERTY LOCATED AT APPROXIMATELY 4250 WEST 4800 SOUTH, ROY, UTAH FROM AN R-1-7 DESIGNATION TO AN RE-20 DESIGNATION

Councilman Tafoya moved to approve Ordinance No. 911, an ordinance approving a rezone of property located at approximately 4250 West 4800 South, Roy, Utah from an
R-1-7 designation to an RE-20 designation. Councilman Cordova 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).

INTERLOCAL AGREEMENT RELATING TO OBLIGATIONS REQUIRED FOR A GENERAL PERMIT FOR STORM WATER MANAGEMENT

Andy Blackburn stated that he was speaking on behalf of Mike Mansfield who was ill. He explained that the Interlocal Agreement is between Roy and Weber County. The Agreement addresses the obligations of the County and the City in relation to compliance with the Regulations which require developing, implementing and enforcing a storm water management plan incorporating Best Management Practices addressing the six minimum control measures as follows; a) Public Education and Outreach. b) Public Involvement and Participation. c) Illicit Discharge Detection and Elimination. d) Construction Site Runoff Control. e) Post Construction Storm Water Management. f) Pollution Prevention and Good House Keeping. The County may also assess a nominal annual fee, not to exceed $1,000. Mr. Blackburn stated that the Agreement has been through the required process and requested that it be approved.

5A. Consideration of approving an interlocal agreement between Roy City and Weber County relating to obligations required for a general permit for storm water management.

Councilwoman Becraft moved to approve Resolution No. 793 approving an Interlocal Agreement between Roy City and Weber County relating to obligations required for a general permit for storm water management. 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.)

CITY MANAGER'S REPORT

There is a Planning Commission workshop next week regarding the Dr. John Anderson development. Councilman Cordova asked if Dr. Anderson was buying the property from Mr. Yu. Chris Davis stated that there is an offer pending.

Mr. Davis updated the Council on the progress of the Aquatic Center through a power point presentation.

Tommy Smith is home from the hospital and anticipates attending the next meeting.

Bambi Thomas, former Ms. Roy, is suffering from serious heart problems. She recently gave birth and almost died in the process due to these heart problems. There are donation cans around the City and the family has asked the City to donate a season pass to the Aquatic Center for an auction to raise money for her medical bills.

MAYOR AND COUNCIL REPORTS

The League of Cities meetings will be held April 10 & 11 in St. George.

Councilwoman Becraft has been approached by a group of citizens asking for prices on the pool. She brought in a list of prices for the Brigham City Pool for the coming season. This will be given to Virgil Howe. Chris Davis pointed out that Brigham City subsidizes their pool. Councilwoman Becraft also stated that Midland Elementary is planning to build a new playground area and is looking for help from the City either financially or with labor.

Councilman Tanner reported that he met with UDOT regarding the off-ramp rockscaping project. UDOT has given preliminary approval with some restrictions. He is looking to form a committee for the project. It is expected that funding will be available no sooner than next year.

Councilman Tafoya reported that citizens have been asking about the light on 2900 West as soccer season has begun and citizens are already parking in the red. Mayor Burnett stated that Mike Mansfield has a request into the Wasatch Front Regional Council for the light.

Councilman Tanner moved to adjourn City Council Meeting at 7:58 p.m. Councilwoman Becraft seconded the motion. Council members Becraft, Tafoya, Cordova and Tanner voted "aye." The motion carried.