May 18, 2010 regular meeting

Minutes of the Centerville City Council meeting held Tuesday, May 18, 2010 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main, Centerville, Utah.

 

Mayor                                                 Mayor Ronald G. Russell

           

Council Members                            Justin Y. Allen

                                                                            Ken Averett

                                                            Paul A. Cutler

                                                            Sherri Lyn Lindstrom

                                                            Lawrence Wright

 

            STAFF OR OTHER CITY

                                                                                Steve Thacker, City Manager

Blaine Lutz, Assistant City Manager/Finance Director

Lisa Romney, City Attorney

Neal Worsley, Police Chief

Niles Bartleson, Sergeant Police Department

Gary Thomas, Sergeant Police Department

                                                                                Karrie Carlson, Recording Secretary

 

 

            INVOCATION                       Councilman Justin Allen

 

            OPEN SESSION

                                                                                                                                                                                          

            No one present wished to comment.

 

 

            The minutes of the April 28, 2010 joint City Council/Planning Commission work session were reviewed and amended. Councilwoman Lindstrom made a motion to approve the minutes as amended. The motion was seconded by Councilman Cutler and passed by unanimous vote (5-0).

 

            The minutes of the May 4, 2010 City Council work session were reviewed and amended. Councilwoman Lindstrom made a motion to approve the minutes as amended. The motion was seconded by Councilman Cutler and passed by unanimous vote (5-0).

 

            The minutes of the May 4, 2010 City Council meeting 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).

 

            PRESENTATION FROM FREEDOM'S LIGHT FOUNDATION REGARDING CELEBRATING U.S. CONSTITUTION

 

            This item on the agenda was postponed to a future meeting.

 

            SUMMARY ACTION CALENDAR

 

Steve Thacker, City Manager, provided the Council with some proposed revisions to items a and b on the Summary Action Calendar. He responded to questions from the Council regarding some of the revisions. Chief Worsley was present to answer questions regarding some of the amendments for item (b). Councilman Wright shared some questions and concerns he has regarding item (b). Mayor Russell explained how the proposed amendments will benefit Centerville City in regard to qualifying to receive CDBG funds.

 

            Lisa Romney, City Attorney, suggested some minor revisions to include in the agreement. However she said none of these were critical.

           

            Councilman Cutler made a motion to accept the storm drain and public utility easements from Phesantbrook PUD with the spelling corrections mentioned by the Council. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

            Councilman Cutler made a motion to approve Resolution No. 2010-09 in the version given to the Council that night, which approves the Agreement with Davis County supporting designation of Davis County as an entitlement entity for CDBG funds. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

 

            Mayor Russell explained several months ago, the City Council discussed the possibility of amending Title 13 of the Municipal Code regarding the discharge of firearms within the city. Councilman Wright and the City Attorney drafted revisions for the Council to consider. Police Chief Worsley has reviewed the proposed ordinance and supports it as written. Upon further review Councilman Wright expressed the desire to change some of the wording that limits the types of firearms that can be used.

 

            At 8:05 p.m. Mayor Russell opened the discussion for public comment.

 

            Ken Holbrook – Mr. Holbrook would like to see the fifty-foot limitation be specified as only in a backyard.

 

            Sergeant Niles Bartleson - expressed concern regarding how the proposed ordinance can be effectively enforced. He likes the suggestion to specify use in a backyard only in the ordinance.

 

            Officer Thomas would like to see the requirement of parental supervision for discharging a firearm for anyone under a certain age. He supports limiting the discharge of a firearm to outside the city limits.

 

            At 8:25 p.m. the Council continued their discussion.

 

            Lisa Romney, City Attorney, suggested language revisions that would limit the discharge of the other weapons (i.e., other projectiles other than guns) on personal property or with the consent of the property owner. The Council directed staff to make these revisions and bring the ordinance back for further review by the Council.

 

            Councilman Cutler made a motion to table this matter to allow staff to make the suggested revisions. The motion was seconded by Councilman Averett and passed by unanimous roll-call vote (5-0).

 

            At 8:30 p.m. the Council took a ten-minute break.

 

            RED FLAG RULES REGARDING IDENTITY THEFT PREVENTION – RESOLUTION No. 2010-10

 

            Blaine Lutz, Finance Director, explained that the Federal Trade Commission (FTC) has issued regulations requiring theft prevention programs by June 1, 2010 under the Fair and Accurate Credit Transaction Act of 2003 (FACTA). Because Centerville City is a creditor due to utility billing, it must comply with these regulations. Mr. Lutz is recommending the City Treasurer be responsible for administering the program and Mr. Lutz the Finance Director will review the program operation yearly.

 

            Councilman Allen made a motion to adopt Resolution No. 2010-10 adopting an identity theft prevention program designed to detect, prevent, and mitigate identity theft in connection with the opening or maintenance of a covered account in accordance with the Federal Fair and Accurate Credit Transactions Act of 2003 and with the administrative recommendations from staff. The motion was seconded by Councilman Wright and passed by unanimous vote (5-0).

 

            DISCUSS CREATION OF UTAH INFRASTUCTURE AGENCY FOR CONSTRUCTION OF TELECOMMUNICATIONS INFRASTRUCTURE

 

            Steve Thacker, City Manager, updated the Council on some of the most recent developments for UTOPIA. He asked the Council to forward any questions regarding this matter to him so he can forward them to UTOPIA representatives, who will attend a future meeting.

 

            With the issuance of new bonds, UTOPIA would launch a new business/financial plan. It will involve the creation of a new entity called the Utah Infrastructure Agency (UIA), which would issue up to $65 million in new bonds, but in phases according to measurable targets or standards. The UIA will have an Interlocal Agreement with cities and also a "master lease agreement."  The residents who sign up for a connection will pay a two-part monthly fee to the City, which will be passed on to the UIA and then on to UTOPIA The customers will subscribe for service directly from the various providers using the infrastructure. Lisa Romney, City Attorney, explained the UTOPIA cities have the option of joining the UIA or entering into an agreement just for operational expenses. Mr. Thacker responded to questions from the Council regarding the organizational makeup of the UIA Board. He explained that information is still being gathered and this agenda item was to provide the Council with an initial explanation of the framework of what is being proposed. The Council will be able to discuss this matter again on June 1.

 

            Mr. Thacker explained that at the June 1, 2010 Council meeting the Council could decide whether to join the UIA, then on June 15 consider the Master Lease Agreement.  However, the City Attorney recommended both decisions be made at the same meeting. This item will be on the next City Council agenda for further review and discussion.

 

            MAYOR'S REPORT

 

            The Mayor had nothing to report at this time.

 

            CITY MANAGER'S REPORT

 

            The City Manager used this item on the agenda to update the Council regarding various items including, the new website, the County’s proposal to replace culverts under the Frontage Road to help with flood control, National Incident Management Systems (NIMS) training, Parrish Lane landscaping west of I-15 and Main Street/Parrish Intersection project.

 

            MISCELLANEOUS

 

            The Council was provided with a copy of the Financial Report through April 2010 for their review. Blaine Lutz Finance Director responded to questions from the Council regarding sales tax revenues.

 

            The Council was asked to review the May newsletter draft and the list of topics for the July newsletter and asked to submit any changes, corrections or additions to the City Manager or City Recorder.

 

            Blaine Lutz, Finance Director, updated the Council on recent efforts to convince the other taxing entities to support the Parrish-Legacy Crossing Community Development Project Area Plan. The Mayor is optimistic that enough support will be gathered for this project to move forward.

            At 10:05 p.m. Councilman Allen made a motion to go into a closed session to discuss the character and competency of individuals being appointed to various Boards and Commissions. 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; and Karrie Carlson, Recording Secretary.

 

            RETURN TO REGULAR MEETING

 

            At 10:20 p.m. The City Council meeting was reconvened.

 

            Councilman Wright made a motion to appoint Kent Holbrook to the Centerville City Planning Commission. The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).

 

            At 10:20 p.m. the meeting was adjourned.

 

 

 

                                                                                                                    6-01-2010                             

Marilyn Holje, City Recorder                                                             Date Approved

 

 

 

Karrie Carlson, Recording Secretary