Councilman Nakayu stated that in several places in the minutes, acronyms were used. In the future, when acronyms are used they should be explained. On page 3, CAD is Computer Automated Dispatch; MIS is Management Information Systems; and URMMA is Utah Risk Management Mutual Association. On page 8, bottom paragraph, Nolan Karras stated "...disproportionately where people like", and should read "...disproportionately where people live."

Councilman Smith moved to approve the minutes of December 19, 2000 as corrected. Councilman Tafoya seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Chris Davis stated that in Roberts Rules of Order, the motion to reconsider the action taken two meetings ago would have to be made by anyone other than Councilman Nakayu, who abstained from voting. Making a motion to reconsider this amendment does not approve the garage, but will bring the issue to its' original state. If no action is taken on it at this time, then the original motion will stand.

Councilman Smith moved to reconsider an amendment to the development agreement for construction of a home on lot 24 of The Crest. Councilman Cordova seconded the motion. Council members Nakayu, Smith, and Cordova voted "aye." Council members Becraft and Tafoya voted "nay." The motion carried.

Mr. Davis stated that according to Roberts Rules of Order, once this motion is approved for reconsideration, action must now be taken on this amendment.

Mr. Wahlen stated that this plan was submitted for Lot 24 of the Crest, and has a two car tandem garage. The two issues are: the development agreement and the zoning ordinance. The ordinance would be satisfied if a slab was poured on the side; the existing development agreement calls for a two car garage. A home with a two car garage is worth more than a two car tandem garage. The intent of the development agreement is to hold property values up. Mr. Wahlen stated that his recommendation was to adhere to the zoning ordinance, and require a slab adjacent to the garage.

Ron Singley, principal broker for Redpoint Homes, stated that when his company applied for the permit, he believed the home was in compliance with the development agreement. He stated that the letter and the spirit of the law regarding this tandem garage was addressed in the development agreement..."there are mutual benefits to be gained by both the city of Roy and the developers for the overall flexibility of design and the objectives of the Roy City Municipal ordinances with respect regarding Planned Residential Unit Developments in Heritage Cove." He stated that CC&R's (Conditions, Covenants and Restrictions) in the community only call for a one car garage. He stated that the people who purchased homes in this development understood there is the potential that each home have a one car enclosed garage. He stated that the home could not be built with a side by side garage because the home is wider than the traditional floor plans that have been built. He stated that the width of the home with the tandem garage would be comparable to the width of the standard home plans with two car garages; the curb appeal would also be consistent with the other homes in the community.

Councilman Cordova asked Mr. Singley if the garage could be put out front, and the home put further back on the lot. Mr. Singley stated that the lot is too shallow to be able to do this. Mr. Singley stated the reason this home was designed with the tandem garage was to be cost effective.

Councilman Nakayu asked if there were anything in the future that would prevent a homeowner from putting up a wall and finishing the back part of the garage for living space. Mr. Singley stated that the buyer of Lot 8 wanted to put up a wall and finish it for storage. Mr. Singley also stated that due to the floor plan, the only way to gain access to this space was to go outside or through the other garage.

Councilman Cordova stated that variances have been requested several times in the past for The Crest, and the Council has granted each request. Councilman Cordova stated that this request did

not seem to keep the spirit of the development agreement, and questioned how many more requests would be forthcoming. Mr. Singley stated that he felt that this request was being consistent with the development agreement. Councilman Cordova stated that this would not be allowed in other neighborhoods, and Mr. Singley stated that the Council would allow this if a slab were put to the side of this tandem garage.

Dave Collins stated the City allows a single car garage and a slab to the side where a garage can be built. If the owners wanted to cover or enclose the slab, it would be a side by side parking, with the required side yard left. Having just a slab, according to Mr. Collins, means nothing; the ordinance states "where a garage could legally be built." Mr. Wahlen stated that in the case of Lot 24, that would work because there is a 15 foot side yard.

Mr. Cordova asked Mr. Singley what prevented him from putting a double car garage on this lot, and Mr. Singley stated that he could on this lot. However, this plan could not be put on Lot 8, which is where it will be built next if the Council approves it, because of the size of the lot.

The discussion was opened for public comment.

Larry Steurdevant spoke as a resident of The Crest. When he purchased a home in this neighborhood, there were 3 floor plans, and two car garages. He expressed the desire for it to remain with this original concept, and not allow for tandem garages and many different floor plans.

RoseAnn Porter asked how the price is advertised in the paper as starting at $144,000, when the builder is talking about starting prices at $156,000. She stated that it was not legal to advertise falsely.

Glenda Tulane stated that the houses are so close together that if a slab were poured by the side of the house, it would be impossible to park a car on it. She also stated that the landscaping between houses would be lost if parking slabs were poured, which would cause the neighborhood appeal to be lost. Mayor Burnett asked if the yards were fenced, and Ms. Tulane stated they were in the back, but not on the sides.

Ardin Porter, a resident of The Crest, stated he disliked the idea of the owners of the tandem garage home building a bedroom in half of the garage, leaving a one car garage.
Dell Johnson, a resident of The Crest, stated he would like the current homeowners protected by adhering to the development agreement which requires a two car garage.

Councilman Cordova moved to deny consideration of an amendment to the development agreement for construction of a home on Lot 24 of The Crest. Councilman Tafoya seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

a. CONSIDERATION OF ORDINANCE NO. 877, AN ORDINANCE APPROVING A REZONE OF PROPERTY LOCATED AT APPROXIMATELY 5840 SOUTH 2000 WEST, ROY, UTAH FROM A C-2 DESIGNATION TO AN R-3 DESIGNATION

Councilman Nakayu moved to go into a public hearing. Councilman Smith seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Blake Wahlen stated this is a vacant piece of property located between 1900 W. and 2000 W. There are currently some apartment buildings to the West of this property, fronting on 2000 W. The Planning Commission recommended the City Council consider the approval of a rezone for the entire parcel to an R-3 with the exception of the piece that ties onto 1900 W. A plan was shown that would connect a road from 2000 W to 1900 W. The intent of the meeting tonight is not to approve a site plan, but to address the rezone issue. Mr. Wahlen stated that he had serious concerns with the connection of the two roads (1900 W. and 2000 W.)

Councilman Smith asked Mr. Waldren, Great Basin Engineering representative, what he was building for Roy that we didn't already have, and what did he envision for 1900 W.

David Waldren stated he would envision cleaning up an area that is somewhat of an eyesore, putting in some landscaping that would make it inviting for young families. The apartment buildings would be two-story, with high grade exteriors, and colors that will be aesthetically pleasing.

Councilman Nakayu asked Mr. Waldren if he had any concerns about not rezoning the 150 foot portion. Mr. Waldren stated that he had no concerns with this portion not being rezoned.

Ralph Bateman, of 5815 S. 2000 W., stated that his concern was a through road connecting 1900 W and 2000 W, which would put a lot of traffic onto his street. His preference would be that the entrance to the project be on 1900 W., instead of 2000 W.

Doug Painter, the developer, stated that he wanted to address the concerns of the neighbors. It is their intention to do high quality stucco apartments, with one car garages.

Councilman Smith moved to go out of public hearing. Councilman Tafoya seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.

Chris Davis suggested that one thing the Council may want to consider tabling the rezoning issue pending the development agreement being written.

Councilman Smith moved to approve the rezone subject to a development agreement, except for the 150 feet that goes to 1900 W. Council member Becraft seconded the motion. A roll call vote was taken: Council members Cordova, Nakayu, Tafoya, Smith, and Becraft voted "aye." The motion carried.

Blake Wahlen stated there were several people at the meeting who would like to discuss the pool issue, even though it was not on the agenda.

Councilman Cordova stated that he talked to the developer of the site he was working on, and there is a maximum height clearance of 12 feet which will make this site unusable. Mayor Burnett stated that this would take us back to the original site of Roy Park. Mayor Burnett then opened the discussion for public comment.

Richard Copps stated that his concern was tearing up parks to put in a swimming pool. He said that with the rapid growth of Roy, we needed to preserve our green space. He proposed the site of the new pool to be at 5600 S. and 3500 W. He said the accessibility would be superior to Roy Park, providing better access to the west part of Roy. Mayor Burnett stated that it was a cost issue--the water table in that area was high, and would magnify the cost of putting in a subterranean structure like a pool exponentially.

Dorothy McDaniel asked if the pool design was finalized. Mayor Burnett stated that it was. Dorothy stated she has received approximately 25 telephone calls from people saying that if the pool were enclosed and heated, they would support it year round. Also, these people would like it to remain where it is now. Councilman Nakayu stated that if this pool were built at Municipal Park, it would consume the entire park, and there would be very little green space left.

Richard Copps stated that another property that might be considered was on 4800 S. just east of the Layton Canal. Blake Wahlen stated that it had $1,000,000.00 liens on it, and in order to acquire that property, it would take the majority of the funds set aside for the pool. The property has been repossessed, and taken back by the lien holder with the intent of developing it.

Councilman Cordova stated that the Council was not opposed to finding another site for the pool, but they have looked at every possible site in Roy. Councilman Smith stressed that the Council was concerned with a cost-effective pool, both in building and maintaining it. Richard Copps stated that building permits could be raised, not necessarily taxes, to fund these type of projects in the future. Blake Wahlen stated that the original intent was to bond for the pool, but we are in a position that we don't have to do this if a city-owned property is used.

Richard Copps asked what the city had planned to do with the Southwest Park. Blake Wahlen stated that originally the east portion of the land was going to be sold for a developer to raise funds for the park, but the Council decided two years ago to keep the entire 32 acres as a park. There is currently $500,000 dollars set aside for grading the park this Spring, and Phase II will be funded in next year's budget.

Blake Wahlen told the Council that the site selection is as important as the design, and if the Council was not comfortable with it, then another site needs to be considered. Councilman Cordova stated that Roy Park was not his favorite site for a pool, but when all the sites were looked at, Roy was the best.

Julie Hein asked the Council what was wrong with the North Park site. Councilman Smith replied that the neighbors did not want it there because it affected their property, and would create traffic problems. Julie Hein stated that the skate park affected her neighborhood, but she was never asked about having it there. She said that the people of North Park contacted the City Council, and because they have influence and money their voice was heard. Another concern she had was the fact that it has only been a year that the park was named for Frank Tremea, and tearing it down showed a lack of respect for him.

Council member Becraft stated that she had 79 calls from people opposing North Park, and the majority of those calls were from Halvern and the North part of Roy by 1900, not from the people in the larger homes.

There was considerable discussion about the property at 3500 W. and 5600 S. for the pool site. Councilman Nakayu stated that the driving force was not citizen input, but what can the city do financially toward the pool. He stated that using a portion of the property on 3500 W. and 5600 S. was not viable because it devalues the property to break it up.

Councilman Smith stated that the issue before the Council at this time is do we expand the search for a new site, or keep Roy Park as the new pool site. Blake Wahlen stated that the pool was slated to open a year from this Spring, with the ground being broken this Spring.

Councilman Smith moved to redirect the City Manager to look at additional property, within 30 days, in a location that is feasible for the planning and design of a new pool. Councilman Cordova seconded the motion. Council members Tafoya, Becraft, Nakayu, Cordova, and Smith voted "aye." The motion carried.

There was considerable discussion after the motion was made concerning the various locations that have been proposed for the new pool. Frank Tremea spoke before the Council and said that when he went to the meeting at the recreation building, it was his understanding that the flyers would go out with the elementary children, then there would be an article in the newsletter, and then a final decision would be made at the first meeting in January. He admonished the Council to be right in their decision, however.

Mayor Burnett stated that the Council would be remiss if it didn't look at specific sites that could be considered for a pool. Blake Wahlen pointed out a few places in the city that could be considered as potential sites. He stated that he would call these people whose property was being considered during the week

Blake Wahlen stated that there was a Council party at the Weber Alumni Center on January 9th at 6:30 p.m.

Mayor Burnett read a letter to the Council from Richard L. Stewart. Mr. Stewart stated that he called 911 on Saturday, December 30 while his home was being burglarized. He commended the quick response of the Roy City Police, and the comfort of the 911 operator, and stated that it turned out better than was expected. He thanked the Police officers for the kindness and understanding that was given him. He stated that compassion and professionalism can only mean that their leadership are the best.

Council member Becraft stated that there was a woman who won the lighting contest not far from the City offices that volunteered to donate her time to make a large sign saying Merry Christmas for the city. Chris Davis stated that Merry Christmas is a generic greeting, and shouldn't be a problem. Council member Becraft stated that Roy needs a banner to go across 1900 W. for next Christmas, and she agreed to design the banner.

Councilman Cordova stated that on January 16, the Boys and Girls Club has an opening social from 5-7 p.m. Since the next Council meeting is that same night at 6:00, he asked the Mayor if the Council meeting could be moved back to 7:00 p.m. that night. Chris Davis stated that it would be possible if there wasn't a public hearing that night. The hours for the Boys and Girls Club is 2:30-6:00 on Tuesday and Thursdays, and 1-6 on Wednesdays. There is also bus service from each of the elementary schools to the Club.

Councilman Nakayu stated that it concerns him that when 774-1010 is called, there is an intercept that tells you to call another number. Councilman Cordova asked if there was a way to forward our calls, and Blake Wahlen said that he would look into the matter.

Councilman Cordova moved to adjourn the meeting at 8:30 p.m. Council member Becraft seconded the motion. Council members Becraft, Cordova, Nakayu, Smith, and Tafoya voted "aye." The motion carried.