Minutes of the Centerville City Council meeting held Tuesday, June 7, 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 (left at 10:15 p.m.)

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

Randy Randall, Public Works Director

Karrie Carlson, Recording Secretary

VISITORS: Carl Greene             Kim Samuelson            Brian Matschull

                     Shari Meyer              Richard Brown              Joseph Vanwagoner

                      Kathleen Vanwagoner           Alec Hagen    Matt Gwynn

                     Linda Gwynn              Brian Stone                  Michael Johnson

                    Curtis Tanner              Corbin Matschull

                    Marie MacKay, Standard Examiner

                   Summer Clarke, The Clipper

PLEDGE OF ALLEGIANCE

INVOCATION Corbin Matschull, youth representative of Bahai Faith of Davis County

OPEN SESSION

Kim Samuelson, 80 South Main Street – Dr. Samuelson is a business owner on Main Street and commented on the electronic sign item scheduled for later in the agenda. He may not be able to stay until the scheduled time for the agenda item and wanted a chance to comment. He would like the Council to consider allowing certain electronic signs within the city. Dr. Samuelson is considering an electronic sign that displays the time and temperature for his office building.

Shari Meyer, 274 North 100 West – Thanked the Council for inviting members of the Bahai Faith to participate in City Council meetings.

APPROVE RESOLUTION No. 2005-04 AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN CENTERVILLE CITY AND UTOPIA REGARDING REIMBURSEMENT FOR CONDUIT INSTALLATION IN THE FLORENTINE VILLAS SUBDIVISION

Councilman Cutler updated the Council on construction progress in Utah and Salt Lake counties as well as subscriptions to date for UTOPIA.

FY 2005-06 BUDGET

a. Public Hearing on Centerville City FY 2005-06 tentative budget, including proposed salaries for statutory employees.

The City Manager noted the various ways the FY 2005-06 Tentative Budget was made available to the public. He also noted that the salary and benefits proposals were also available with the advance materials for this City Council meeting. The City Manager showed an overview of the Tentative Budget for those present at the meeting. Mayor Deamer also explained a chart of how property tax revenues are allocated between the City, County and State.

At 7:35 p.m. Mayor Deamer opened the public hearing.

Richard Brown, 141 North 400 East – Mr. Brown urged the Council to focus only on the essential needs of the citizens (public safety and roads) and cut out the recreation program and Whitaker Museum.

Brian Stone, 440 East 1000 North – Mr. Stone questioned the fees that have been collected for flood prevention and drainage utility fees. The City Manager and Mayor responded to Mr. Stone’s concerns regarding the drainage utility fees. He also questioned why there is another Police Officer proposed in the budget. Mayor Deamer explained that the Police Chief has recommended an additional officer due to current and future growth both with new residential developments as well as commercial development in Marketplace.

Alec Hagen, 582 North 220 East – Mr. Hagen asked about snowplowing policies for cul-de-sacs. He also commended the City for supporting the recreation program and Whitaker Museum. Mr. Hagen is a volunteer at the Museum and believes it is a great asset to the community and a worthwhile cause and urged the City for its continued support.

b. Public hearing on MBA FY 2005-06 Tentative Budget.

At 8:10 p.m. Councilman Cutler made a motion to go into a meeting of the Municipal Building Authority (MBA). The motion was seconded by Councilman Gutke and passed by unanimous vote (5-0).

In attendance were: President Deamer; Steve Thacker, City Manager; Blaine Lutz, Finance Director; Lisa Romney, Deputy City Attorney; Trustees Cutler, Dellastatious, Gutke, Layton and Randall, Karrie Carlson, Recording Secretary and members of the public (see minutes of MBA meeting).

c. Public hearing on RDA FY 2005-06 Tentative Budget.

At 8:11 p.m. Trustee Cutler made a motion to go into a meeting of the Redevelopment Agency (RDA). The motion was seconded by Trustee Gutke and passed by unanimous vote (5-0).

In attendance were: Chairman Deamer; Steve Thacker, Executive Director; Blaine Lutz, Finance Director; Lisa Romney, Deputy City Attorney; Directors Cutler, Dellastatious, Gutke, Layton and Randall; Karrie Carlson, Recording Secretary and various members of the public (see minutes of RDA meeting).

RECONVENE CITY COUNCIL MEETING

At 8:20 p.m. the City Council meeting was reconvened.

Councilman Dellastatious questioned why the budget newsletter was not reviewed by the City Council prior to it being mailed out. Mr. Thacker explained that this newsletter is a summary of the City Manager’s proposed budget and the Council has not requested to review it in the past.

PUBLIC HEARINGS REGARDING CENTERVILLE ZONING CODE:

a. Amendment of Centerville Zoning Code, Section 12-32-090, regarding Waiver of Strict Compliance pertaining to hard surfacing standards in residential zones – Ordinance No. 2005-06.

Cory Snyder, Community Development Director, explained that the Presiding Bishopric of the LDS Church has requested the Council consider the proposed ordinance to allow them to expand on an existing site. The proposed text amendment would allow the Planning Commission to consider a waiver to the 60% limitation for hard surfacing for non-dwelling uses within a residential zone. The applicant desires to expand a parking lot for their church facility located at 1125 North 400 West. However, the hard surfacing of the existing site is 62%, where only 60% is allowed by the current ordinance. In review of their other facilities, it appears that all sites exceed the currently established limit of 60%. Therefore, the applicant desires the City Council to reconsider this limitation and determine if a new standard is warranted. The Planning Commission reviewed and discussed this issue as part of their April 13th and April 27th meetings. The Planning Commission unanimously recommended a change that would allow an option for the Commission to consider a "waiver of strict compliance" for all non-dwelling uses in residential zones, provided that specific criteria are met to establish the need for waiver.

At 8:32 p.m. Mayor Deamer opened the public hearing.

Curtis Green, representative for applicant, explained the need for additional parking at the church. He stated that the LDS Church has three wards that use this building and many people are forced to park on the road and cross a busy street to get to the building. The LDS Church has three different wards that use this building and have tried to coordinate the schedules to help alleviate the parking problem, but this has not eliminated the problem.

At 8:35 p.m. with no others wishing to comment, Mayor Deamer closed the public hearing.

Councilman Cutler made a motion to approve Ordinance No. 2005-06 enacting Section 12-32-090 regarding Waiver of Strict Compliance pertaining to hard surfacing standards of Table 12-32-1, based on the following findings:

1. The Zoning Text Amendment meets the approval requirements of Section 12-21, Zoning Text Amendment.

2. The Zoning Text Amendment is not contrary to the intent or guidance of the General Plan, and is consistent with the goals, objectives, and policies of the City’s General Plan.

3. The proposed change is harmonious with the overall character of existing development in the city.

4. The Zoning Text Amendment is not detrimental to the health, safety, or general welfare of the City or its residents.

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

b. Amendment of Centerville Zoning Code, Section 12-54-070, 12-54-110 and 12-54-120 prohibiting the use of electronic signs – Ordinance No. 2005-07.

Cory Snyder, Community Development Director, explained that at the May 11, 2005 Planning Commission meeting the Commission recommended approval of the Zoning Ordinance amendments to Sections 12-54-070, 12-54-110 and 12-54-120 regarding Prohibited Signs and Devices. This specifically refers to prohibiting electronic signs anywhere within the city. The Planning Commission, however, has also expressed reservations about a total prohibition and would like staff to study the possibility of allowing limited use of electronic signs, but voted to go ahead with a total prohibition until further amendments are adopted later.

At 8:45 p.m. Mayor Deamer opened the public hearing.

Alec Hagen, 582 North 220 East – Mr. Hagen is in favor of electronic signs if they are limited to specific areas of the city (i.e., the Business Park and Frontage Road).

Brian Stone, 440 East 1000 North – Mr. Stone supports the use of electronic signs in specific areas of the City.

Councilman Dellastatious made a motion to impose a six-month moratorium regarding the approval of electronic signs. The motion failed due to lack of second.

The City Manager noted that this action would need to be noticed for the next City Council meeting prior to adopting a moratorium.

Councilman Gutke made a motion to direct staff to prepare appropriate documents for the Council to consider at the June 21, 2005 City Council meeting regarding a six-month moratorium for electronic signs. The motion was seconded by Councilwoman Randall and passed by unanimous roll-call vote (5-0).

POLICE GENERAL ORDERS – RESOLUTION No. 2005-09 ENACTING POLICE DEPARTMENT POLICIES REGARDING USE OF FORCE, LESS LETHAL WEAPONS AND RESTRAINTS, FIREARMS AND TASERS

Neal Worsley, Police Chief, and Deputy City Attorney Lisa Romney have been working for quite some time on a complete set of General Orders for the Police Department. These are policies that supplement the Police Department policies adopted a few years ago. The entire set of General Orders is not ready for Council action. However, since the officers were recently given the Taser equipment, the policies regarding the use of force, and in particular Tasers, should be reviewed and considered for approval by the Council at this time. Chief Worsley responded to questions from the Council regarding the proposed guidelines and standard issue equipment.

Councilman Layton made a motion to approve Resolution No. 2005-09 enacting Police Department Policies regarding use of force, less lethal weapons and restraints, firearms, and Tasers. The motion was seconded by Councilwoman Randall and passed by unanimous roll-call vote (5-0).

NORTHEAST PARK IMPROVEMENTS

Curtis Tanner, landscape architect, reviewed the overall concept plan as well as the public input received at the open house for the northeast park site. Some of the amenities discussed included a trailhead, jogging loop, green grass/field area, play structures, sledding hill, pavilion with restrooms, a war memorial, etc. The Council agreed to allow the Parks and Recreation Committee to recommend a development phasing plan, including the priority of amenities that could be included.

The Council also agreed to direct staff to prepare a document for future consideration to use a portion of the RDA "haircut" funds for the development of the northeast park site.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the May 17, 2005 work session were reviewed and amended. Councilman Gutke made a motion to approve the minutes as amended. The motion was seconded by Councilman Layton and passed by unanimous roll-call vote (5-0).

The minutes of the May 17, 2005 Council meeting were reviewed and amended. Councilman Gutke made a motion to approve the minutes as amended. The motion was seconded by Councilman Layton and passed by unanimous roll-call vote (5-0).

MAYOR’S REPORT

Mayor Deamer explained that he is still working on filling an upcoming vacancy on the Planning Commission and asked the Council to forward any recommendations to him.

Mayor Deamer will be meeting with Wal-Mart representatives to discuss the development agreement.

Mayor Deamer explained that there is a growing need to consolidate the dispatch service for police and fire. He and the other South Davis cities will be meeting to discuss this issue and the possible alternatives.

The Mayor continues to work with Wasatch Integrated Waste to get them to agree to reduce their disposal fees. They have not committed to a rate reduction for this year, but stated that they will consider a significant reduction next year.

A ribbon cutting ceremony will take place on July 2^nd for the new pavilion at Founders Park.

MISCELLANEOUS

The Council agreed to meet on June 28, 2005 for a work session regarding the Pineae Village development proposal.

CONTINUATION OF DISCUSSION ON FY 2005-06 TENTATIVE BUDGET

Councilman Dellastatious asked for clarification of the proposed 4.5% for salary increases as well as the dollar impact of the new medical insurance costs. He asked staff to bring back this information and a summary of revenue increases to discuss at the next City Council meeting.

At 10:35 p.m. the meeting was adjourned.

Marilyn Holje, City Recorder Date Approved

Karrie Carlson, Recording Secretary