Minutes of the Centerville City Council meeting held Tuesday, June 21, 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
Neal Worsley, Police Chief
Officer Gary Thomas
Karrie Carlson, Recording Secretary
VISITORS: Jeff Peterson Brandon Wallis Alec Hagen
PLEDGE OF ALLEGIANCE
INVOCATION Councilman Paul Cutler
OPEN SESSION
No one present wished to comment.
SUMMARY ACTION CALENDAR
Councilman Gutke made a motion to approve items a and b on the Summary Action Calendar. The motion was seconded by Councilwoman Randall and passed by unanimous vote (5-0). Approved were:
a. Commence two-year warranty period for Island View Plat N Subdivision.
b. Accept public utility easements from Jolley Property Holdings, LLC, subject to the review and approval of the City Engineer.
MINUTES REVIEW AND ACCEPTANCE
The minutes of the June 7, 2005 work session were reviewed. Councilwoman Randall made a motion to approve the minutes. The motion was seconded by Councilman Gutke and passed by unanimous vote (5-0).
The minutes of the June 7, 2005 Council meeting were reviewed and amended. Councilwoman Randall made a motion to approve the minutes as amended. The motion was seconded by Councilman Gutke and passed by unanimous vote (5-0).
COST SHARING PROPOSAL FOR DRAINAGE CULVERTS UNDER THE RAILROAD CORRIDOR
Steve Thacker, City Manager, reviewed the status of negotiations with Davis County, Utah Transit Authority (UTA) and Union Pacific Railroad (UPRR) regarding the replacement/upgrade of critical drainage culverts under UPRR throughout the city. The City was asked to participate on some of the crossings because the new culverts will be larger than the old ones. A cost-sharing agreement will be on a future agenda.
DISCUSS PROPOSED REVISIONS TO SICK LEAVE POLICY
The City Manager is asking the Council to consider an amendment to the Personnel Policies that would allow an employee to use some long-term sick leave (paid leave) to care for a spouse who has given birth. The current policy restricts the usage of long-term sick leave to employee illness, not the employee’s family. This proposal would have a cap of 40 hours from long-term sick leave to be used towards a Family and Medical Leave absence that involves caring for a family member of the employee.
The Council agreed with staff’s recommendation and asked them to bring back a policy amendment with findings for consideration and analysis of fiscal impact.
AMENDMENT OF FY 2004-05 BUDGET
Blaine Lutz, Finance Director, reviewed the FY 2004-05 Budget with the Council. He noted that building permit fees, public safety grants, zoning and subdivision fees were up significantly from what was projected. He is suggesting the Council use these revenues to cover some expenditures that have gone over what was projected. These expenditures include attorney fees, police equipment, engineering fees, building inspection and a new keyless entry system for City Hall. The total increase proposed is $112,700, which equals the amount of additional revenues. Mr. Lutz responded to questions and comments from the Council regarding budget revenues and expenditures.
At 7:37 p.m. Mayor Deamer opened the public hearing regarding the proposed amendments to the FY 2004-05 Budget. Seeing no one wishing to comment, Mayor Deamer closed the public hearing.
Councilwoman Randall made a motion to adopt Resolution No. 2005-10 amending the FY 2004-05 Budget as recommended. The motion was seconded by Councilman Layton and passed by unanimous roll-call vote (5-0).
FY 2005-06 BUDGET
a. Adopt Certified Rate – Resolution No. 2005-11
Blaine Lutz, Finance Director, reviewed the proposed resolution for the certified tax rate and corresponding revenues for Fiscal Year 2005-06. The proposed rate is 0.001436, which reflects a decrease in the rate from Fiscal Year 2004-05. This would indicate that Centerville has experienced negative growth in 2004 and no new revenue would be available. The Finance Director has challenged this valuation of property and discussed this with the County Auditor, County Assessor and the State Tax Commission. They reviewed the assessed valuation and calculations, but adjusted the numbers only slightly.
Councilman Cutler made a motion to adopt Resolution No. 2005-11 setting the certified tax rate 0.001436. The motion was seconded by Councilwoman Randall and passed by unanimous roll-call vote (5-0).
b. Ordinance No. 2005-08 adopting compensation plan for employees
The Council has discussed this issue at length in a work session prior to the Council meeting as well as other budget work sessions held previously. The City Manager clarified the market adjustment recommendations.
Councilman Gutke made a motion to adopt Ordinance No. 2005-08 regarding the Salary Administration Guidelines, the Centerville City Position Pay Grade Schedule, and the Centerville City Salary Schedule. The motion was seconded by Councilwoman Randall and passed by unanimous roll-call vote (5-0).
c. Resolution No. 2005-12 approving salary for Justice Court Judge
Councilwoman Randall made a motion to adopt Resolution No. 2005-12 approving the salary for the Justice Court Judge to reflect a 3 percent increase, making his new salary $2626.16 monthly. The motion was seconded by Councilman Gutke and passed by unanimous roll-call vote (5-0).
d. Revisions to health insurance benefit for City employees
Councilman Gutke made a motion to authorize the City Manager to include up to an additional $10,000 in the budget to equitably allocate the increase in health insurance premiums to be shared 50/50 between the City and employees. The motion was seconded by Councilwoman Randall and passed by a (4-1) roll-call vote. Councilman Dellastatious voted in opposition to the motion because he was in favor of the City incurring more of the increased cost in premium.
e. Other Budget Issues
The Council questioned certain items proposed for the new budget. Neal Worsley, Police Chief, responded to questions from the Council regarding the justification of an additional police officer. Chief Worsley indicated that additional manpower is needed to more effectively investigate and work criminal cases. In response to questions from Councilman Dellastatious, Chief Worsley reviewed criminal statistics from previous years which show that in general crime did not increase in the past year. Chief Worsley stated he would like to be proactive instead of reactive to future staffing needs. It takes a number of months to hire and effectively train a new officer and the same for promoting an officer to a detective. He wants to have the new officer/detective trained and ready by the time the new commercial development and pending housing developments come online.
Councilwoman Randall made a motion to approve the hiring of an additional Police Officer for the FY 2005-06 Budget. The motion was seconded by Councilman Gutke and passed by unanimous roll-call vote (5-0).
The Council discussed a proposed change to the new South Davis Recreation Facility. Out of concern for having enough funds in the construction contingency funds it has been proposed to reduce the size of the recreation center by approximately 16,000 square feet. Bountiful City has proposed allocating an additional one million dollars to build the original foot print size of the building and asking the other South Davis cities to share in a proportional repayment of the money over a three-year period. The Council agreed to discuss this item again at a future meeting once the other South Davis cities have had a chance to express their opinions and questions raised by the Council regarding the need and funding for the expansion have been addressed.
Councilman Dellastatious proposed a city-wide clean-up program that would include providing dumpsters around the city to allow citizens the opportunity to clean-up yard waste and dispose of it easily. The Council discussed some of the problems associated with this type of program (i.e., unauthorized use by contractors, overflow of dumpster, staffing and overseeing the use of the dumpster facility).
Councilman Dellastatious made a motion to allocate an additional $10,000 into the budget to allow for a city wide clean-up program. The motion failed due to lack of a second.
Sons of Utah Pioneers has donated $500 towards a flag pole and entry monument in the south entry to the city. The cost for this is estimated to be around $10,000. The Council agreed to revisit the issue later in the year, after the close of FY 2005, and possibly use some of the increase in the General Fund balance for this purpose.
f. Adopt Centerville City FY 2005-06 Budget of Funds – Resolution No. 2005-13.
Blaine Lutz reviewed suggested revisions to the FY 2005-06 Budget with the Council and responded to questions and comments.
Councilwoman Randall made a motion to adopt Resolution No. 2005-13 adopting the FY 2005-06 Budget with the suggested revisions from staff effective July 1, 2005. The motion was seconded by Councilman Gutke and passed by unanimous roll-call vote (5-0).
g. MBA Meeting
At 9:05 p.m. Councilwoman Randall made a motion to go into a meeting of the Municipal Building Authority of Centerville City (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; Trustees Cutler, Dellastatious, Gutke, Layton and Randall; Lisa Romney, Deputy City Attorney; and Karrie Carlson, Recording Secretary.
RETURN TO CITY COUNCIL MEETING
At 9:07 p.m. the regular City Council meeting was reconvened. The Council took a ten-minute break.
CENTERVILLE ZONING CODE AMENDMENTS
a. Moratorium Regarding Use of Electronic Signs – Ordinance No. 2005-09
This item was discussed at the City Council meeting held June 7, 2005. The Council discussed this issue with staff and agreed that a six-month moratorium would allow staff sufficient time to adequately research and gather needed information regarding electronic signs.
Councilman Gutke made a motion to adopt Ordinance No. 2005-09 establishing temporary land use regulations pertaining to electronic signs within Centerville City. The motion was seconded by Councilman Cutler and passed by unanimous roll-call vote (5-0).
Due to the imposed moratorium, Councilwoman Randall made a motion to deny Ordinance No. 2005-07 regarding amendments to Centerville Zoning Code Sections 12-54-070, 12-54-110 & 12-54-120, prohibiting the use of electronic signs. The motion was seconded by Councilman Gutke and passed by unanimous vote (5-0).
PROPOSAL TO LIMIT HOURS OF BUSINESS OPERATONS
Neal Worsley, Police Chief, responded to questions from the Council regarding the negative impact of 24-7 commercial operations. Chief Worsley stated that he has questioned other police chiefs in cities that have 24-7 Wal-Mart operations. His research indicated that there was not a significant number of calls for assistance or crime during the late evening/early morning hours due to Wal-Mart being open. The largest impact for police assistance was during regular business hours (9 a.m. to 9 p.m.). Many of these calls were for traffic, calls for service and criminal cases. Lisa Romney, Deputy City Attorney, explained that as an exercise of the City’s police power, zoning regulations must be reasonable and must provide a sufficient nexus between the regulation and the health, safety, and general welfare of the community. She added that constitutional law does not prohibit retroactive application of ordinances enacted to protect public health, safety or welfare. However, ordinances that affect a property owner’s vested rights in an existing nonconforming use cannot be applied retroactively. Ms. Romney provided the Council with a review of some pertinent cases. The Council reviewed these items and will take them under advisement when discussing this issue in the future. There was no further direction given to staff on this subject at this time.
PARK IMPROVEMENTS
a. Founders Park and City Hall Master Plan
Steve Thacker, City Manager, reviewed two versions of proposed revisions to the Master Plan for the Founders Park/City Hall complex with the Council. Mr. Thacker suggested displaying a drawing at the 4th of July celebration to inform the public of the long-term development plan. The Council agreed with the City Manager’s suggestion and directed staff to notify the property owners currently occupying land which could eventually become part of the Founders Park/City Hall Complex. The owners have already seen the earlier plans and are aware of the City’s desire to buy their property. The City Manager agreed with the Council and noted other comments regarding the layout of the complex. The Council preferred the versions that utilize an existing driveway on the east side.
b. Northeast Park Site
The Council reviewed and discussed a phasing plan and cost estimates for the master plan for the northeast park site, forwarded by the Parks and Recreation Committee. The Council tentatively agreed in past discussions and work sessions to use Redevelopment Agency additional tax increment to fund some of the development cost for the northeast park site.
c. Agreement with RDA of Centerville City for use of Additional Tax Increment to Fund Recreational Facilities – Ordinance No. 2005-14
Councilman Gutke made a motion to adopt Resolution No. 2005-14 approving an agreement with the Redevelopment Agency for use of additional tax increment for recreational facilities, with the understanding that there is no cap limit for the use of the funds, subject to review and approval by the City Attorney. The motion was seconded by Councilman Layton and passed by unanimous roll-call (5-0) vote.
MAYOR’S REPORT
The Mayor has reviewed various requests to waive water user fees. He notified the Council of cases where he has agreed to a full or partial reduction of the fees.
Mayor Deamer reviewed the calendar of events for the July 4th celebration. He also discussed the new pavilion facility at Founders Park and how it will improve the concert capabilities.
The Council reviewed the upcoming newsletter and noted some minor changes/revisions.
CITY MANAGER’S REPORT
Steve Thacker reminded the Council of a special City Council work session on June 28, 2005 at 7:00 p.m.
Lewis Young financial advisors are willing to meet with the Council to discuss funding for Rodgers Memorial Theater. The Council agreed to meet prior to the July 19th Council meeting.
The City Manager also updated the Council regarding other miscellaneous items.
CLOSED MEETING
At 10:40 p.m. Councilwoman Randall made a motion to go into a closed meeting to discuss the character and competency of individuals being appointed to various boards and commissions. The motion was seconded by Councilman Layton and passed by unanimous vote (5-0).
In attendance were: Mayor Deamer; Steve Thacker, City Manager; Blaine Lutz, Finance Director; Council members Cutler, Dellastatious, Gutke, Layton and Randall; Lisa Romney, Deputy City Attorney; and Karrie Carlson, Recording Secretary.
RETURN TO CITY COUNCIL MEETING
At 10:47 p.m. the City Council meeting was reconvened. Councilman Layton made a motion to appoint David Hirschi to fill the remaining term of Ken Averett on the Planning Commission. The motion was seconded by Councilwoman Randall and passed by unanimous vote (5-0).
Councilwoman Randall made a motion to adjourn the City Council meeting and go into a meeting of the RDA Board. The motion was seconded by Councilman Layton and passed by unanimous vote (5-0).
Marilyn Holje, City Recorder Date Approved
Karrie Carlson, Recording Secretary
