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Show Jr C. ; - 9A,VV'L 'T V - - V -r - ' s V wv4 y "''' ,H M. ',. f r, r . s e .. y - i. t v f LZO t&vnru, 3 ik& fciriiltm' Vol. v (.x.iii(?i n &i Ho uVHl(0 WVII 3i !t; (jIlAi V4 Vxtl4 Ggfffi ii- - 450fO Wednesday April 13, 1983 3 No. 33 Roy Work S FsiGmmgfn Ask Settle Annexation To Bids n (Pirojee? Akoneoger Fsii2,on ROY Roy City Manager Richard Kirkwood told the Roy City Council he is optimistic about settling an annexation dispute with Hooper Water Improvement District before the April 18 deadline imposed by the Weber County Boundary Commission. Mayor Jack Pierce and I met with Claude Dahl of Hooper and I believe we can work together to solve the problem, said Kirkwood. He said they agreed to develop maps showing how Roys plans for future annexation will affect the Hooper Water District. Possible compromises By SUSAN TANNER HOLMES Rpvitw Corrpipondont FARMINGTON It was a night that City Council members wont soon forget. For a while it looked like they couldnt do anything right. Residents from Agean Village and Farmington Bay came to object to rezoning of the Lodder property on about 50 W. near the frontage road. Another group presented a petition objecting to the building of new city offices. Others protested the procedure used in naming a construction manager for a new city complex. Lodder proposed to develop a strip of land for condominiums. I couldnt get FHA financing to build twin or single unit dwellings, said Cort Lodder. in- some areas trading in Roys annexation policy declaration to Hooper Water District so they can provide water services. Another proposal is to share fees collected by Hooper and Roy for providing water in clude off designated areas. The dispute stemmed from a request by property owners in the area of 4300 W. 5200 S. to become part of Roy City. The property was part of an area designated for eventual annexation by Roy. It includes over 60 acres, 41 acres of which are slated for a residential development. Hooper Water District previously laid pipes to provide water service in the area which Roy plans to annex. After the Roy City Council formally voted to annex the area, Hooper filed a protest with the Weber County Commission. They , Boundary say that Roys decision to annex the 60 acres, combined with future annexations in the area, will make it almost impossible for Hooper to pay off the water ' districts $1.5 million bond. Considering the states mandate that cities exist to provide services, Roy City officials believe they have the responsibility to provide water to the dis- puted area. Kirkwood also told the boundary commissioners Condos wont help our neighborhood, wont help the price and wont make the neighborhood uniform, said one resident. Most of the residents were concerned about the effect of the development on their neighborhood, their home prices and their families. Residents were also concerned about a piece of property to the north which is zoned commercial. The proposal is within the guidelines of the city master plan, said Lodder. The council split two to two on the vote. Mayor Merrill Petty was absent, Grant Ungerman cast .acting as mayor pro-tethe deciding vote in favor of the rezoning of the Lodder property ' from 2 to We want a committee to be called to look at the feasibility of expanding the present city office building rather than build a new building on the 100 N. Main site, said Darrell Lake, who has circulated a petition against the proposed new city municipal complex. He presented the petition to the City Council stating that there were about 200 names on the document. The citizens want to save the park now located on m R-- ' that Roy needs the income generated by providing water to pay for other city services in the area such as police and fire protection. In a related action, Brent Robison, who is involved in developing the 41 acre section of the disputed area, asked the council to designate it a planned residential unit development (PRUD). Councilman Lynn Taylor expressed concern about city involvement in the area. He said the property is in one of lying parts of the city. repair damage done by hur- winds last week on roof of LDS chapel in Kaysville. Crews throughout Davis - Second FARMINGTON District Court Judge John F. Wahlquist was chosen to hear murder trial the second-degre- e of a Syracuse man, but has become the second judge to disqualify himself from hearing the case. Presiding Second District Court Jiidge Calvin Gould selected Wahlquist after the original trial judge, Douglas Cor-nab- y, disqualified himself from hearing the- second trial. Worthen was found guilty in death of his the abuse-relatestepdaughter in the first trial, but Comaby ordered a second trial after ruling that - d evidence was incorrectly admitted. Wahlquist presided over divorce proceedings involving Worthen and his first wife. ce . "session as charged by Hokanson. City councilmen then voted to approve the contract of a complex architect and open the bidding process for the job of con- struction manager. The issue is centered in emotionalism and all you do is tip the scales and dont resolve the problem, said Gary Flood, councilman. There is ho displeasure with Joe, it is simply a response. We want to avoid the appearance of any wrongdoing, said one councilman. In other action the city authorized the expenditure of up to $2,000 for legal fees in testing the constitutionality of the Legislatures law to force cities back into the State Retirement Fund. Near Layton Okay Files on Law Roy Appeal Decency On City Master Plan t Second Judge Quits Worthen Trial after-ricane-for- , In 10th Circuit Court the-lowe- New Hearing County have been working to clear math of the windstorm. 5. the property. Lake said that we need to involve the whole community, and suggested that volunteers work on the building as well as give professional evaluations at little or no cost to the city. It would be a project that could satisfy the whole community, Staff photo by Rodnay Wright WORKMEN R-- he said. The council took under advisement a proposal of setting up another committee to look into the project. The mayor would have to set up any committees, said Ungerman. The selection process of the construction manager (for a new city complex) was not done in an ethical fashion and also was not in the best interest of the city; nor, according to my attorney was it done legally, Don Hokanson told the council. There has been a sore conflict of interest in the selection process of construction manager for the city complex, he said. Hokansons attorney, Bruce J. Nelson, wrote, The selection of Joe Rhoades may have been in violation of the law or in conflict of interest. In my opinion, the city would need to either hire Mr. Rhoades as an employee of the city on a salary, or submit the matter to bid.' I dont think youre getting a lot for your money, Hokanson You havent given the said. same consideration and care to the construction manager as you have given to the selection of the architect, he said. The City Council denied any conflict of interest and stated that their attorney had given them the opinion that they could legally appoint Rhoades without putting the position up for bid. The appointment was during a regularly scheduled City Council meeting, not in executive ROY Roy City filed a brief on its decency ordinance in the 10th Circuit Court of Appeals in Denver on April 12. Roy is appealing Federal Judge Bruce Jenkins December ruling that the ordinance is unconstitutional. The ordinance attempts to prevent cable television companies licensed by the city from showing what it defines as indecent material. Community Television of Utah, which provides cable television to Roy, filed the original suit against Roys ordinance. Community TV of Utah and the American Civil Liberties Union have 21 days after Roy files its arguments to present their briefs. The ACLU also filed suit against the ordinance. Following presentation of both briefs, the 10th Circuit Court will set a date for the trial. Roy City attorney Roger Dutson said the date could range from a few weeks to several months after the final brief as similar to Roys decency ordinance was recently vetoed by Governor Matheson. Mathe-sosaid he believed it was u n By LYNDIA GRAHAM Review Correspondent Dutson maintains Roys ordi- nance is significantly different from the state legislation. Our ordinance is a business license regulation measure, said Dutson. A city has a contractual right as well as the general governmental authority to regulate the content of cable television since it is commercially distributed. After years on LAYTON the planning table, a new master plan for Layton is nearly ready for final adoption by the determine which areas of the city would be developed commercially and residentially in the future and where parks and recreation areas are desired. After the final plan is adopt- ed, zoning throughout the city will be somewhat determined, aiding the council and the city planning commission with the future growth of Layton. City Council. City Planner Scott Carter will present explanations of the plan' . to the city councilmen and mayis filed. or at an open work meeting at 6 - A bill passed by the legislap.m. on April 21. ture which has been described The City Council will not. adopt the plan at that time but will be given information from Carter about the plan and the of the Layton chairman it will have on the city. effects Adams, the contends that Layton Comgrants which were awarded, Downtown Rehabilitation Carter called the new plan, with the exception of one, did mittee will act as spokesman streamlined significantly for the city when the grants are and not meet the criteria for awardsaid that it encompasses appealed. did of several that grants, ing the entire cty. not have proper documentation, Laytons bid for a grant to During the formation of the and that the awarding was un- help with the downtown area fair because of the way the bal- was ranked ninth with eight new master plan, citizens from awarded so if the appeal is sucthroughout the city met in publlots were tabulated. cessful there is a possiblity that ic meetings to help determine A hearing will be set for Laythe city might yet receive fundthe desires and growth patterns ton's appeal of the decision, ing for the downtown projects of each area. mnnf kalnoH iho rifu trt possibly in early May. Clark the city plans. Laytons land area encompas--se- s property from the mountain to the lake and covers more acreage than the city of Salt Layton Continues Grant Challenge ' By LYNDIA GRAHAM Raviaw Corraipondant It will be with the full backing and approval of the Layton mayor and city council when Layton takes its protest to the state over the awarding of community development block grants to Davis County cities other than Layton. Last week the council voted unanimously to approve and officially back the challenge. LAYTON rr Lake. Traffic patterns and business trends were considered before the plan was finalized as was industrial development with plans for growth. Copies of the plan will be available for public viewing at City Hall. A public hearing is set for May 5 at 7 : 15 when the adoption of the entire plan will be considered. Dotted Line Taking Care Accidental poisonings of children and adults can be prevented, say hospital personnel, if College coaches can begin signing high school athletes to intent today, let-ters-- of Mi -- DRAI are precautions taken. and Roys Reid Newey is a top pros- .YT sb pect. 4B i Jl V 4 ' ' 4 T . t |