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September 21, 2010Minutes of the Centerville City Council meeting held Tuesday, September 21, 2010 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main, Centerville, Utah.
MEMBERS PRESENT Members Absent: Ken Averett
STAFF OR OTHER CITY PLEDGE OF ALLEGIANCE INVOCATION Mayor Ronald G. Russell OPEN SESSION
No one present wished to comment. The minutes of the City Council work session held September 7, 2010 were reviewed. Councilwoman Lindstrom made a motion to approve the minutes. The motion was seconded by Councilman Allen and passed by a unanimous (4-0) vote. The minutes of the City Council meeting held September 7, 2010 were reviewed. Councilwoman Lindstrom made a motion to approve the minutes. The motion was seconded by Councilman Allen and passed by a unanimous (4-0) vote. RESOLUTION No. 2010-20 PROVIDING FOR THE FINANCING BY CENTERVILLE CITY, UTAH (THE "ISSUER"), OF THE ACQUISITION AND CONSTRUCTION OF A MEGAPLEX THEATER AND RELATED FACILITIES (THE"PROJECT") TO BE LOCATED IN CENTERVILLE CITY, UTAH FOR USE BY LEGACY CROSSING, LLC, OR ANY RELATED COMPANY (THE "BORROWER") IN ORDER TO PROMOTE THE GENERAL WELFARE OF THE RESIDENTS OF THE STATE OF UTA: AUTHORIZING AND PROVIDING FOR THE ISSUANCE BY THE ISSUER OF ITS $12,225,000 INDUSTRIAL DEVELOPMENT REVENUE BOND, SERIES 2010 (LEGACY CROSSING, LLC PROJECT) WHICH WILL BE PAYABLE SOLELY FROM THE REVENUES ARISING FROM THE PLEDGE OF A LOAN AGREEMENT AMONG THE ISSUER, THE BORROWER, AND ZIONS FIRST NATIONAL BANK (THE "LENDER"); AUTHORIZING THE EXECUTION AND DELIVERY OF SAID LOAN AGREEMENT, AND ESCROW AGREEMENT AND RELATED DOCUMENTS; CONFIRMING THE SALE OF SAID BONDS; AND RELATED MATTERS Blaine Lutz, Finance Director, explained that Zions Bank, the lender, still needs to review all of the exhibits related to this resolution. He explained that no major changes are anticipated from the lender and the Council could still approve the document tonight. Mr. Lutz added that if there are any significant changes the Council would need to meet and vote on the proposed amendment. The Council agreed to vote on the resolution now subject to final review and approval from the lender, staff and City Attorney. Councilman Wright made a motion to adopt Resolution No. 2010-20 providing for the financing by Centerville City, Utah (the “issuer”), of the acquisition and construction of a Megaplex Theater and related facilities (the “project”) to be located in Centerville City, Utah, for use by Legacy Crossing, LLC, or any related company (“the borrower”) in order to promote the general welfare of the residents of the state of Utah: authorizing and providing for the issuance by the Issuer of its $12,225,000 Industrial Development Revenue Bond, Series 2010 (Legacy Crossing, LLC Project) which will be payable solely from the revenues arising from the pledge of a loan agreement among the Issuer, the Borrower, and Zions First National Bank (the “Lender”); authorizing the execution and delivery of said Loan Agreement, and Escrow Agreement and related documents: confirming the sale of the bonds and related matters. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (4-0). LEGACY CROSSING AT PARRISH LANE PROJECT a. Approval of Final Subdivision Plat Cory Snyder, Community Development Director, explained that at their August 25, 2010 meeting, the Planning Commission recommended approval of the final subdivision plat for the Legacy Crossing at Parrish Lane development. The project is located on the southeast corner of Parrish Lane and 1250 West, consisting of approximately 29 acres with six lots. Mr. Snyder reviewed the conditions attached to the recommendation from the Planning Commission along with some needed inserts and additional conditions to clarify the approval or address related bonding and fee collection for the master planned development. He and the City Attorney responded to questions from the Council regarding the proposed changes and additions. Dan Bridenstine, US Development, was present to comment on the subdivision plat, proposed changes, project timeline and potential retail and public uses related to the project. Councilman Allen made a motion to approve the final subdivision plat for the Legacy Crossing at Parrish Lane project, subject to the following conditions:
1. All previous conditions of approval relating to all public and private improvements, development, site engineering and relating to the Development Agreement, shall remain in effect:
1. A final plat application has been submitted [Section 15-3-105(1)].
The motion was seconded by Councilman Cutler and passed by unanimous roll call vote (4-0). b. Storm Drain Impact Fee Credit Steve Thacker, City Manager, explained in January 2008, the City entered into an agreement with Parrish Land Holdings, LLC, owners of the property that is now to be developed as the Legacy Crossing at Parrish Lane Project. In that agreement, the City agreed to give credit against future storm drain impact fees because of storm drain improvements installed in 2008 by the land owner. The Council was provided with pertinent sections from the 2008 Agreement for their review and consideration. The amount of credit, based on the actual linear feet of 36-inch pipe installed at that time, is $25,340. In addition, the developer in entitled to another $3,230 in credit for 95 linear feet of storm drain to be installed in Phase 1—or a total credit of $28,570. Councilman Cutler made a motion to authorize a Storm Drain Impact Fee credit of $28,570 to be applied to Phase 1 of the Legacy Crossing Development Project conditioned upon acceptance of the earlier storm drain and ending the warranty period associated with it. The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (4-0). ADJOURN TO RDA MEETING At 7:55 p.m. Councilman Allen made a motion to go into a meeting of the Redevelopment Agency. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (4-0). RETURN TO CITY COUNCIL MEETING At 8:25 p.m. the City Council was reconvened. FINANCIAL REPORTS Blaine Lutz, Finance Director, reviewed the Financial Report for FY 2010 and responded to questions from the Council. He prepared a history of direct point of sale percentages from 2008 to 2010. He added that there are some signs of upward movement in the last several months. Mr. Lutz reviewed revenues for FY 2010 and noted that even though revenues were down, expenditures were also under the budgeted amount. Mr. Lutz responded to questions from the Council regarding the Park Capital Improvement Fund potential revenues and expenditures. Mr. Lutz provided the council with a copy of the Financial Report for FY 2011 and responded to questions and comments from the Council. CONSIDER PROPOSAL FOR PROFESSIONAL SERVICES PERTAINING TO WHITAKER MUSEUM Steve Thacker, City Manager, explained that an architect who is a direct descendant of the Whitaker family has come forward to volunteer his services to conduct an assessment of repairs and improvements still needed or desired for the Whitaker Home. Council agreed to allow this volunteer effort to proceed instead of hiring James Glascock to conduct this assessment. Staff is recommending the Council authorize up to $5,000 to do needed electrical work at the Whitaker Museum. Councilman Wright made a motion to authorize up to $5,000 from the Whitaker Fund budget for electrical work at the Whitaker Museum. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (4-0). EMPLOYEE COMPENSATION PLAN a. Public Hearing on Revisions to Salary Administration Guidelines – Ordinance No. 2010-13 Steve Thacker, City Manager, explained that in June 2010, the City Council, in conjunction with the budget for FY 2011, adopted the Employee Compensation Plan by ordinance. That plan consists of three parts: Salary Administration Guidelines; Position Pay Grade Schedule; and Employee Salary Schedules. This Compensation Plan covers all full-time employees and all statutory appointed officials other than the Municipal Judge. The City Manager position is included in the Employee Compensation Plan in that it is assigned to a pay grade and that pay grade has a pay range. The Salary Administration Guidelines, however, do not explain how the City Manager's pay raise will be determined each year. Therefore, to correct that oversight, a statement should be added at the end of the section entitled "Merit Increases" in the Salary Administration Guidelines. The following addition is recommended: "Any base pay increase or lump sum bonus for the City Manager will be determined by the Mayor and City Council." The Council discussed the City Manager's performance in a closed session in July and agreed upon a base pay increase and a lump sum bonus. In order to comply with the requirements of State law, the Council needs to revise the Salary Administration Guidelines, as recommended, following a public hearing that has been properly noticed. The current Salary Administration Guidelines, adopted following a public hearing in June, allow the Mayor and City Manager to approve pay raises and bonuses for all other full-time employees other than the City Manager. Those guidelines are silent in regard to the City Manager; hence, the need to revise those guidelines as recommended above. At 8:45 p.m. Mayor Russell opened the public hearing. Stephanie Ivie, Centerville Resident – Ms. Ivie commended the City Manager for his work and agreed with the proposed revisions to the Salary Administration Guidelines and the City Manager's compensation as proposed. At 8:47 p.m. with no others wishing to comment, Mayor Russell closed the public hearing. Councilman Cutler made a motion to adopt Ordinance No. 2010-13 amending and adopting the Centerville City Salary Administration Guidelines. The motion was seconded by Councilman Wright and passed by a unanimous roll-call vote (4-0). b. City Manager's Compensation Councilman Wright made a motion to approve a 2% salary increase for the City Manager, effective June 27, 2010, and a lump sum bonus of $1,000. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (4-0). MAYOR'S REPORT Mayor Russell reminded the Council of the upcoming earthquake disaster exercise this Saturday.
The Mayor also mentioned two handouts regarding usage statistics for the Recreation Center and affordable housing issues. Steve Thacker, City Manager, updated the Council regarding the upcoming opening of the new In-N-Out Burger, the upcoming volunteer appreciation dinner and employee tour of the Davis Center for the Performing Arts. MISCELLANEOUS a. Termination of Warranty Period for Mission CWS Councilman Cutler made a motion to approve the termination of the warranty period for Mission CWS, LLC (Craig Salmon office warehouse), effective September 21, 2010 and release remaining security for the project. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (4-0). b. Legacy Parkway Trail The Council discussed the option of involving the Legislature in trying to resolve the more costly maintenance issues pertaining to the Legacy Parkway Trail. c. October/November Newsletter The Council was provided with a list of articles that are scheduled for the upcoming October/November newsletter. The Council was asked to review and give input to the City Manager or the City Recorder. Councilman Cutler updated the Council regarding a UIA meeting he recently attended. A feasibility study is under way and they are also preparing a Services Contract. October 22, 2010 is the deadline for cities to approve the Services Contract with UIA. The Council will receive a copy of the feasibility study and the Services Contract to review. They will address this matter on the October 19th City Council agenda. At 9:25 p.m. the meeting was adjourned.
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