Minutes of the Centerville City Council meeting held Tuesday, March 15, 2005 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main, Centerville Utah.

MEMBERS PRESENT:

Mayor: Mayor Michael L. Deamer

Council Members: Paul Cutler

Jack Dellastatious

David R. Gutke

R. Dean Layton

Debbie L. Randall

STAFF PRESENT: Steve Thacker, City Manager

Blaine Lutz, Finance Director/Assistant City Manager

Lisa Romney, Deputy City Attorney

Cory Snyder, Community Development Director

Karrie Carlson, Recording Secretary

PLEDGE OF ALLEGIANCE

INVOCATION: Councilman Dean Layton

VISITORS: Carolyn Blackburn David Fjeldsted Colton Beck

Brian Arbuckle Hayden Barker Alan Arbuckle

Ron Trump Bruce Smith Cherie Cawley

Nick Smith Jeff Lamb

Boy Scout Troop 1222

OPEN SESSION

Carolyn Blackburn, 575 East Center Street – Mrs. Blackburn presented the Council with a painting she created of the Whitaker Museum. This painting will be a gift for Clara Goudy, who recently retired as the Museum Director. The Council thanked Mrs. Blackburn for the painting and commended her for the great work she did.

SUMMARY ACTION CALENDAR

The Council reviewed items (a-c) on the Summary Action Calendar. The Council agreed to discuss item (a) separately.

Councilwoman Randall made a motion to approve items (b) and (c) on the Summary Action Calendar. The motion was seconded by Councilman Gutke and passed by unanimous roll-call vote (5-0). Approved were:

b. Bid award to Mountain States in the amount of $17,311.50 for materials and to M.C. Green in the amount of $19,935 for labor for the Ricks Creek Subdivision waterline.

c. Bid award to Mountain States in the amount of $11,860.25 for materials and to Brinkerhoff Excavating in the amount of $16,720 for labor for the Chase Lane Village Subdivision Phase III water line.

a. Agreement with Davis County for street sweeping services.

The Council reviewed the proposed agreement with Davis County for street sweeping services. Lisa Romney, Deputy City Attorney, suggested some revisions to the document. Council and staff discussed the proposed revisions and agreed to postpone this item to allow staff to discuss these revisions with County officials. Staff was also directed to obtain bids from other providers unless the City had committed earlier to use the County’s service as part of the cooperative program for storm water quality activities.

TUMBLEWEED CONDOMINIUMS FINAL PLAT

Cory Snyder, Community Development Director, explained that the Planning Commission has unanimously recommended approval of the final plat for the Tumbleweed Condominiums, a commercial office project. The Council reviewed a list of conditions recommended by the Planning Commission. David Fjeldsted, property owner, responded to questions from the Council regarding the list of conditions. Lisa Romney, Deputy City Attorney, advised Mr. Fjeldsted of some items that need to be included in the CC&Rs for the project.

Councilman Cutler made a motion to approve the final plat for the Tumbleweed Condominiums, subject to the following conditions:

1. Payment of all applicable fees and submittal of an acceptable bond.

2. The declaration and by-laws shall comply with applicable provisions of State law, be recorded against the property and shall provide that all landscaping and other common improvements are to be maintained by an owners association. The declarations and by-laws will be reviewed and approved by the City Attorney prior to recording.

3. The handicap parking stalls shall be brought into compliance with current ADA requirements, and any permits or approvals necessary to incorporate changes be obtained by the applicant and/or owners association.

4. Conversion of the expansion lot shall comply with the State Condominium Ownership Act, including plat amendment requirements, and that construction shall comply with site plan approval for the project.

This motion was based on the following findings:

1. The final plat with the conditions meets the City’s requirements for approval for final subdivision review.

Cory Snyder, Community Development Director, explained that the Planning Commission has reviewed this matter and staff has consulted the General Plan guidelines regarding this matter. Mr. Snyder stated that this request does meet the General Plan guidelines, and the Planning Commission recommended approval for the rezone request.

At 7:32 p.m. Mayor Deamer opened the public hearing. Seeing no one wishing to comment, Mayor Deamer closed the public hearing.

Steve Thacker, City Manager, clarified some address variations in the backup report, explaining that they were estimated and all fall into the rezone area. Ron Trump, developer, expressed his desire to work with the City and the adjoining property owner to discuss incorporating a park site in this rezone area. He explained that this development is currently planned for 21 lots maximum (subject to change, depending on park site or other factors). Mr. Trump added that there is one existing structure on the site that will need to be demolished. This structure is not on the Historic Homes Register, but staff will contact the Historic Sites Committee Chairperson regarding the situation so she can evaluate the historic nature of the site and record any historical features.

Councilman Gutke made a motion to adopt Ordinance No. 2005-03 rezoning approximately 7.344 acres of property located at approximately 75 West 475 South from Agricultural-Low (A-L) to Residential-Low (R-L) for the purpose of developing a residential subdivision with the following conditions:

1. All fees be paid.

2. Applicant work in conjunction with the Historic Sites Committee to evaluate the historic nature of the site and record any historical features.

Based on the following findings:

1. The rezone map amendment, as approved with amendments, meets the City’s requirements for a rezone map amendment.

2. The rezone map amendment is consistent with the goals, objective, and policies of the City’s General Plan.

3. The rezone map amendment is harmonious with the overall character of existing development within the vicinity of the subject property.

4. The proposed amendment will not adversely affect the adjacent property owners.

5. The existing infrastructure and facilities appear to be adequate to handle future development consistent with the R-L zoning.

The motion was seconded by Councilman Layton and passed by unanimous roll-call vote (5-0).

FOXBRIDGE PLAT E AMENDED SUBDIVISION LOT VACATION

Cory Snyder, Community Development Director, explained that the Planning Commission unanimously recommended approval of the vacation of Lot 1 of Foxbridge Plat E Amended Subdivision and creating a new subdivision under the small subdivision waiver provision in the Subdivision Ordinance. Whenever a change is made to a recorded subdivision, an amendment to the subdivision must be approved and filed with the County Recorder’s Office. State law requires noticing a public hearing to receive comment regarding the proposed lot vacation. This notice was sent to all property owners within 300 feet of the subject property, giving them ten days to respond in writing to object to this action. No objections from the surrounding property owners were received.

a. Public hearing on vacation of Lot 1 of Foxbridge Plat E Amended Subdivision

At 7:55 p.m. Mayor Deamer opened the public hearing.

Jeff Lamb, Applicant, - Mr. Lamb presented the Council and staff with a final plat which Fred Campbell, City Engineer, has reviewed and approved showing a minimum 60-foot frontage and 13-foot setback for the new lot to be created. Mr. Lamb responded to questions from the Council regarding lot size, frontage and setbacks, etc. He added that an application has been submitted to the Army Corps of Engineers for a LOMR that would take the other portion of the property out of the flood plain. Staff noted that the earlier rezone of this property from agricultural to residential was conditioned upon no more than two lots being created from this one lot. Therefore, if owner wants to create a third lot someday, he would have to convince the Planning Commission and City Council to remove that condition.

At 8:05 with no others wishing to comment, Mayor Deamer closed the public hearing.

b. Consider Ordinance No. 2005-04 authorizing the Mayor to sign Vacation Order No. 2005-02, vacating Lot 1 from Foxbridge Plat E Amended Subdivision.

Councilwoman Randall made a motion to approve Ordinance No. 2005-04 authorizing the Mayor to sign Vacation Order No. 2005-02, vacating Lot 1 from Foxbridge Plat E Amended Subdivision, noting the findings listed in the ordinance. The motion was seconded by Councilman Cutler and passed by unanimous roll-call vote (5-0).

c. Consider final plat for Lamb Subdivision

Councilwoman Randall made a motion to approve the final plat for the Lamb Subdivision, subject to the following conditions:

1. Payment of all applicable fees and submittal of an acceptable bond.

2. Any CC&Rs that have been recorded in connection with the original subdivision plat be either amended and modified to include these two new lots or that any CC&Rs be rerecorded as appropriate so that they are binding upon these two lots.

3. Lot 1 B shall have the minimum 60-foot frontage between FEMA Flood Zone Map line on the west and the Lot 1 B easterly lot line as determined by the City Engineer.

4. The applicant provide any needed utility laterals to the new lots and that the work be guaranteed by a bond, as determined and prepared by the City Engineer, and that any other documentation needed to determine the bond and utility locations be provided by the applicant to the City.

5. That there shall be no basements allowed, and that the lowest floor elevation be determined by the applicant’s engineer and approved by the City Engineer and this be added to the plat as a specific plat note.

6. The applicant prepare and submit either a plat or a metes and bounds description, to be reviewed by City staff prior to recording at Davis County Recorder’s Office.

7. The plat contain any plat notes required by the City Engineer, for example: regarding no basements, FEMA line issues, etc.

8. Approval of final plat by City Engineer and City Attorney.

With the following findings:

1. The lot split, as approved with conditions, meets the requirement for a lot split and a small subdivision waiver.

2. The lot split itself is not detrimental to the health, safety, or general welfare of the city or its residents.

3. The lots meet the minimum requirements under the Centerville City zoning code.

The motion was seconded by Councilman Cutler and passed by a unanimous roll-call vote (5-0).

4^TH OF JULY FESTIVITIES REPORT

Cherie Cawley, 4^th of July Chairperson, updated the Council of the calendar of events for the 4^th of July festivities. She responded to questions and comments from the Council.

CODE ENFORCEMENT TASK FORCE REPORT AND RECOMMENDATIONS

Cory Snyder, Community Development Director, explained that several key staff members have been meeting regularly to develop code enforcement guidelines and procedures. The Council and staff discussed a list of proposed guidelines related to penalty procedures, as well as appeal procedures and various levels of civil and criminal actions. With these guidelines, staff is attempting to achieve more reliability and consistency in code enforcement activities and to change behavior through the application of meaningful consequences in a timely manner, while trying to be fair and provide due process to the citizens. The Council also discussed the need to find an impartial third party to preside over the appeal portion of the code enforcement process when civil penalties are imposed. Staff and Council will continue to discuss this matter to determine guidelines, set penalty dollar amounts, and discuss other issues related to the appeal process and criminal and/or civil actions.

DISCUSS ZONING REGULATIONS FOR THE PUBLIC FACILITIES ZONE PERTAINING TO CELL TOWERS

Mayor Deamer asked the Council to give any input they have regarding conditional use permits (CUP) for cell towers. Last year the Planning Commission approved a CUP for T-Mobile to construct a 100-foot cell tower on the grounds of Reading Elementary School. This approval was appealed by property owners in the vicinity. The Board of Adjustment upheld the Planning Commission’s approval on August 10, 2004. Earlier this week, the Community Development Director informed the City Manager that T-Mobile has not yet obtained a building permit for the construction and therefore, in his opinion, the CUP has expired. T-Mobile disagrees with this opinion as they have surveyed the site in preparation for the construction. While this matter is being discussed, staff presumes that T-Mobile will file again for a CUP unless they win the argument that they "commenced" construction within the allowable time. Councilman Cutler is proposing to make some amendments to the zoning regulations pertaining to cell towers. The Council directed staff to consider Councilman Cutler’s proposed amendments and submit these to the Planning Commission.

At 9:45 p.m. the City Council was adjourned into an RDA meeting.

RDA MEETING

At 9:45 p.m. a meeting of the Centerville City Redevelopment Agency was held. In attendance were: Chairman Deamer; Vice Chairman Gutke; Steve Thacker, Executive Director; Blaine Lutz, Finance Director; Directors Dellastatious, Cutler, Layton and Randall; Karrie Carlson, Recording Secretary; and Bill Davies.

At 10:57 p.m. the City Council meeting was reconvened.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the March 1, 2005 Council meeting were reviewed. Councilman Layton made a motion to approve the minutes. The motion was seconded by Councilman Gutke and passed by unanimous vote (5-0).

At 11:00 p.m. Councilman Gutke made a motion to extend the City Council meeting to 11:15 p.m. to allow for a closed meeting to discuss the sale of property and pending litigation. The motion was seconded by Councilman Cutler and passed by unanimous vote (5-0).

At 11:00 p.m. a closed meeting was held to discuss the sale of property and pending litigation. In attendance were: Mayor Deamer; Steve Thacker, City Manager; Blaine Lutz, Finance Director; Council members Cutler, Dellastatious, Gutke, Layton and Randall; and Karrie Carlson, Recording Secretary.

At 11:15 p.m. the City Council meeting was reconvened.

Councilman Gutke made a motion to adjourn the meeting. The motion was seconded by Councilman Cutler and passed by unanimous vote (5-0).

Marilyn Holje, City Recorder Date Approved

Karrie Carlson, Recording Secretary