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• Calendar

March 3

Minutes of the Centerville City Council meeting held Tuesday, March 3, 2009 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main, Centerville, Utah.

MEMBERS PRESENT
Mayor Ronald G. Russell

Council Members Justin Y. Allen
Ken Averett
Paul A. Cutler
Sherri Lyn Lindstrom
Lawrence Wright

STAFF OR OTHER CITY
OFFICIALS PRESENT
Steve Thacker, City Manager
Blaine Lutz, Finance Director/Assistant City Manager
Lisa Romney, City Attorney
Neal Worsley, Police Chief
Cory Snyder, Community Development Director
Karrie Carlson, Recording Secretary

PLEDGE OF ALLEGIANCE

INVOCATION Councilman Lawrence Wright

OPEN SESSION

No one present wished to comment.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the February 17, 2009 City Council work session were reviewed. Councilwoman Lindstrom made a motion to approve the minutes. The motion was seconded by Councilman Cutler and passed by unanimous vote (5-0).

The minutes of the February 17, 2009 City Council meeting were reviewed and amended. Councilwoman Lindstrom made a motion to approve the minutes as amended. The motion was seconded by Councilman Paul Cutler and passed by unanimous vote (5-0).

SUMMARY ACTION CALENDAR

The Council reviewed items a-d on the Summary Action Calendar. The Council agreed to discuss item (a) separately. Councilman Cutler made a motion to approve items b-d on the Summary Action Calendar. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0). Approved were:

b. Approval of Agreement for Audit Services with Hansen, Bradshaw, Malmrose and Erickson for FY 2009 and FY 2010.
c. Approval of Amendment No. 4 to the Solid Waste Agreement with ACE Disposal to allow for further extensions of the contract.
d. Award bid to Kapp Construction in the amount of $54,876 for labor for the Jennings Lane storm drain project.

a. Approval of Interlocal Agreement with Davis County for Animal Control Services for the period 2009~2014 – Resolution No. 2009-08.

Councilman Wright expressed concern regarding the increase in the fee to the City for animal control services. Neal Worsley, Police Chief, was present to discuss these concerns with the Council. He indicated that the fee for animal control is still a good value because it would cost the City significantly more if they were to provide this service instead of the County.

Councilman Wright made a motion to table the approval of the Interlocal Agreement until the County can provide a three-year budget plan to review. This motion failed due to lack of a second.

Councilman Wright made a motion to adopt Ordinance No. 2009-08 approving the Interlocal Cooperative Agreement with Davis County for Animal Control Services for the 2009 year and to allow staff to make any nonsubstative changes to the document and to request the County to provide Centerville City with a projection of cost increases for the next three years. The motion was seconded by Councilman Cutler and passed by unanimous roll-call vote (5-0).

DISCUSS PREPARATIONS FOR RECYCLING PUBLIC HEARING, INCLUDING DRAFT OF PUBLIC NOTICE

The Council was provided with a draft of the public notice for a public hearing to be held March 17, for their review and input. Blaine Lutz, Finance Director, reviewed a proposed timeline and mailing costs involved for noticing this public hearing on recycling. The Council was asked to give any input regarding corrections or changes to Mr. Lutz by Thursday, March 5th so he can meet the noticing target date.

ORDINANCE AMENDMENTS RE: ALLOWANCE OF "SPECIALITY RETAIL" IN COMMERCIAL AND INDUSTRIAL ZONES

Cory Snyder, Community Development Director, explained that at the December 10, 2008 Planning Commission meeting, the Commission directed staff to prepare a General Plan amendment for the West Centerville Neighborhood Plan and a Zoning text amendment to Chapter 12-36, Table of Uses Allowed for Industrial-High (I-H) Zone to consider allowing specialty retail.

Mayor Russell said the public hearing for both the General Plan and Zoning Code amendments would be combined.

a. Public hearing on amendment to Centerville City General Plan, Section 12-480-6, Objective 1.H., West Centerville Neighborhood of the City's General Plan to allow "Specialty Retail".

b. Public hearing on Centerville Zoning Code text amendments to Section 12-12-040, "Specialty Retail" and Chapter 12-36, Table of Uses Allowed, to add "Specialty Retail" as a permitted use in the following commercial zones: C-M, C-H, C-VH, I-M & I-H.

At 7:43 p.m. Mayor Russell opened the public hearing. Seeing no one wishing to comment, he closed the public hearing.

c. Consider Ordinance No. 2009-02

Councilman Wright made a motion to adopt Ordinance No. 2009-02 amending subsection 12-480-6(1)(1.H) of the Centerville City General Plan regarding future land use goals within the West Centerville Neighborhood to include specialty retail-type uses, amending Section 12-12-040 of the Centerville City Zoning Ordinance regarding definitions to add the definition of “retail specialty,” and amending Chapter 12-36 regarding the Table of Uses Allowed to add “specialty retail.” The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0). The motion was based on the following findings:

a. The amendment is consistent with the goal found in Section 12-480-6(1) of the General Plan.
b. Adding “Specialty Retail” within the General Plan will enhance the economic viability of the West Centerville Neighborhood.

PUBLIC HEARING ON CENTERVILLE ZONING CODE AMENDMENT TO CHAPTER 12-33, PUBLIC FACILITY ZONES, BY INCREASING THE MAXIMUM FLOOR AREA, PER BUILDING FOR THE PF-H (PUBLIC FACILITY-HIGH) ZONE – ORDINANCE No. 2009-03

Cory Snyder, Community Development Director, stated that the Planning Commission informed the Centerville City Redevelopment Agency (RDA) that the PF-H Zone has a maximum building size limitation of 50,000 square feet. It was noted by the Planning Commission that the submitted conceptual site plan for the Performing Arts Center indicated the facility was 51,519 square feet (including the black box). The Commission informed the RDA that the building size would need to comply with the 50,000 square feet or they would need to make an application to amend the Zoning Ordinances to increase the size limitation or restriction. The RDA has submitted a request to allow for an increased building size of up to 75,000 square feet.

At 7:50 p.m. the Mayor opened the public hearing. Seeing no one wishing to comment, he closed the public hearing.

Councilman Allen made a motion to adopt Ordinance No. 2009-03 amending Table 12-33-1 of the Centerville City Zoning Ordinance regarding development standards in the public facility zones to increase the maximum allowable floor area per building in the PF-H Zone. The motion was seconded by Councilman Cutler and passed by unanimous roll-call vote (5-0). This motion was based on the following findings:

a. The Commission found that the text change would not be inconsistent to the goals and objectives of the General Plan, as reviewed and considered in the February 11, 2009 Staff Report.
b. The Commission found that the proposed amendment complies with the review criteria found in Section 12-21-080(e) of the Zoning Ordinance, as reviewed and considered in the February 11, 2009 Staff Report.
c. The Commission found that Section 12-30-020(c)(3) of the Zoning Ordinance indicated that the purpose of the PF-H Zone is to provide for facilities owned publicly or quasi-publicly which utilize relatively large areas of land or high intensity uses. Such typical uses are hospitals, open-air theaters, and public schools.
d. The Commission found that there was a severe discrepancy between the caps of the PF Zones and the actual size of the buildings in the PF Zoning Districts, as reviewed and considered in the February 11, 2009 Staff Report.
e. The Commission found that the amended 75,000 square foot limit better reflected the actual building sizes that are or could be constructed in the PF-H Zone.

MAYOR'S REPORT

Mayor Russell had nothing to report.

CITY MANAGER'S REPORT

Steve Thacker, City Manager, had no report.

MISCELLANEOUS

The Council was provided with a copy of Resolution No. 2009-09 for their review. Councilman Wright made a motion to adopt Resolution No. 2009-09 encouraging the Utah State Legislature to utilize the current transportation funding distribution formula for any increase to the statewide gas tax so that the entire transportation network may benefit. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).

Mayor Russell recommended that Bill Duncan be reappointed to another term on the Parks and Recreation Committee. Councilman Allen made a motion to reappoint Bill Duncan to another term on the Parks and Recreation Committee. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

CLOSED MEETING

At 7:55 p.m. Councilman Allen made a motion to go into a closed meeting to discuss pending litigation. The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (5-0). In attendance were: Mayor Russell; Steve Thacker, City Manager; Blaine Lutz, Finance Director; Lisa Romney, City Attorney; Council members Allen, Averett, Cutler, Lindstrom and Wright; Karrie Carlson, Recording Secretary; Cory Snyder, Community Development Director; and Jody Burnett, attorney hired by URMMA.

RETURN TO REGULAR MEETING

At 9:10 p.m., after a fifteen minute break, the City Council reconvened the open meeting.

At 9:10 p.m. the meeting was adjourned.

3-03-09
Marilyn Holje, City Recorder Date Approved

Karrie Carlson, Recording Secretary