Minutes of the Centerville City Council meeting held Tuesday, March 28, 2006 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main, Centerville, Utah.

MEMBERS PRESENT:

Mayor: Ronald G. Russell

Council Members: Justin Y. Allen

Jack Dellastatious

Paul A. Cutler

David R. Gutke

Sherri Lyn Lindstrom

STAFF PRESENT: Steve Thacker, City Manager

Blaine Lutz, Finance Director/Assistant City Manager

Randy Randall, Public Works Director

Cory Snyder, Community Development Director

Kathy Streadbeck, Recording Secretary

VISITORS Troy Johnson Rachel Johnson Brennan McEwan

Branden Wallis Taylor Moore Michael Sleiricke

McCade Tracy Zach Beckman Steven Thiel

Jim Ham Ian Ham Michael Strong

Cristin Strong Mark Jensen Craig Frazer

Connie Cook Craig Cook Alexander Dushku

Summer Clarke Phil Sessions Alec Hagen

PLEDGE OF ALLEGIANCE

PRAYER OR THOUGHT Councilman David R. Gutke

COMMENDATIONS AND AWARDS

Mayor Russell recognized Randy Randall, Public Works Director and the Centerville City Water Division Employees for receiving the Rural Water Association Award for the "best water system in a community of 10,000 or more."

OPEN SESSION

Phil Sessions, 200 South, complained about the Jade Hill restaurant. He said there is not enough parking, the garbage is scattered and unsightly, and there is a fifty gallon drum outside the building visible to the public. He said if the City is unable to control this small site how do they expect to control Wal-Mart.

PRESENTATION TO OFFICE OF CENTERVILLE MAYOR - Oakridge Country Club

Mark Jensen, General Manager of Oakridge Country Club, presented a social membership to the office of mayor. If accepted, this would entitle the Mayor and future Mayors to use the Oakridge Country Club building for meals and meetings without paying the membership fee. The matter will be reviewed by the City Attorney.

SUMMARY ACTION CALENDAR

a. Accept public easement from Jewel R. Loder Family Living Trust for property at 187 East Parrish Lane.

b. Approve Resolution No. 2006-11, amending Centerville City Hall Use Policy.

c. Approve Resolution No. 2006-12, amending Centerville City Fee Schedule re: inspection fee.

Councilman Dellastatious made a motion to approve the summary action calendar as listed above (a-c). The motion was seconded by Councilman Allen and passed by unanimous roll-call vote (5-0).

Cory Snyder, Community Development Director, reported the applicant desires to rezone approximately 1.37 acres from Agricultural-Low (A-L) to Residential-Low (R-L). R-L is strictly single-family residential. He explained there is an older home on the site which is currently on the historic register. The applicant plans to rezone the property then subdivide the lot in order to preserve the existing home and also construct a new home. Mr. Snyder displayed a zoning map of the area and explained the rezone is between several A-L lots, but that there is also R-L adjacent to the proposed rezone site. Mr. Snyder reviewed the requirements for a rezone with regard to City Ordinances and the General Plan. He said this rezone is in compliance with City Ordinances and General Plan requirements. He explained that the land use hierarchy does not distinguish between A-L and R-L Zones. He said the applicant has been granted a small subdivision waiver by the Planning Commission contingent on the outcome of the rezone.

Mr. Snyder said there were some initial concerns by neighbors that this rezone would affect their rights to keep animals on their property. He said once the neighbors were assured that their animal rights would not be affected, they were in full support of the rezone.

Mayor Russell opened the public hearing. Seeing no one wishing to comment, he closed the public hearing.

Troy Johnson, applicant, explained the rezone and lot split are in order to preserve the existing historical home and allow for construction of a new home on the back portion of the lot. He said if the rezone is denied, the historic home will be demolished and he will still build a new home on the entire parcel. He also explained that shared access and cross access agreements will be established with this project.

Alexander Dushku, 121 West 1300 North Circle, said he is the owner of the property adjacent to the west. He said the driveway on the proposed site will connect through his property to the cul-de-sac on the west. He said he is supportive of this arrangement and thrilled that this property is being developed. He explained the site is an eyesore, a fire hazard, and a safety hazard to his children. He is looking forward to it being cleaned up.

The City Council shared their support for this project and discussed the differences between this proposal and flag lots. Mayor Russell said there is a need to re-visit flag lots and come up with some appropriate ways to handle in-fill development.

Mr. Snyder said this proposal is not considered a flag lot because it meets the requirements for frontage and setbacks. He said the Planning Commission also expressed a desire to look at flag lots with regard to in-fill development.

Councilman Cutler made a motion to approve Ordinance No. 2006-05 amending the existing Zoning Map and Zoning Ordinance of Centerville by changing from A-L (Agricultural-Low) to R-L (Residential-Low) the real property as described in Ordinance No. 2006-05, with the following conditions and findings:

Conditions:

1. The property shall be rezoned from Agricultural Low (A-L) to Residential Low (R-L).

2. All related professional services fees shall be paid at the time of rezone approval.

Findings:

a. The proposed development, as approved with conditions, 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.

b. The proposed development, as approved with conditions, is harmonious with the overall character of existing development in the city as defined in the General Plan.

c. The overall surrounding area is single-family Residential-Low neighborhoods.

d. The surrounding agricultural properties are predominately used for single-family and that the capacity for animal use is extremely limited.

e. Due to the area having been developed for Residential-Low use, all of the needed infrastructure and other City services are available. Other services such as schools and parks would also likely not be impacted.

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

BID AWARDS

Randy Randall, Public Works Director, said he and the City Engineer walked 400 West from Parrish Lane to 1375 North. He said they understand the need for repairs to 400 West, but feel it would be better to wait, given the amount of development that will occur along this stretch over the next year. He said these developments will require several cuts to the road in order to run utilities. He explained it would be better to wait until these cuts are completed and then the City can repair/replace the roadway as needed. He also said the road will be patched as needed in the meantime.

a. Award 2006 Annual Street Improvement Project bid to Kilgore Paving & Maintenance in the amount of $553,515.64.

Councilman Dellastatious made a motion to award bid "a" as listed above. The motion was seconded by Councilman Gutke and passed by unanimous roll-call vote (5-0).

b. Award bids for subdrains to:

(1) Workman Construction in the amount of $182,094 and to Mountain States Supply in the amount of $9,997.99 (plus tax) for the Rowland Way (100 East)/500 North subdrain.

Councilman Dellastatious made a motion to award bid "b (1)" as listed above. The motion was seconded by Councilman Cutler and passed by unanimous roll-call vote (5-0).

(2) Workman Construction in the amount of $186,545.40 and to Mountain States Supply in the amount of $33,123.08 for the Frontage Road Subdrain - Jennings Lane.

Councilman Dellastatious made a motion to award bid "b (2)" as listed above. The motion was seconded by Councilman Gutke and passed by unanimous roll-call vote (5-0).

Steve Thacker, City Manager, explained Resolution No. 2006-13 amends the duties of the Parks and Recreation Committee to eliminate any overlap in duties with the Trails Committee. He said the proposed resolution changes the number of members to a range from five (5) to seven (7) and the Committee will now select their own chairperson.

Councilman Allen made a motion to adopt Resolution No. 2006-13 revising the membership and scope of duties of the Parks and Recreation Committee to harmonize with the recent resolution creating a Trails Committee. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).

INDEPENDENT AUDIT SERVICES CONTRACT

Blaine Lutz, Finance Director, said the contract for auditing services expired with the completion of the FY 2005 audit. The City has used the services of Hansen, Bradshaw, Malmrose, & Erickson for the past five (5) years. This firm has expressed an interest to continue their service for another three (3) years with reasonable fee adjustments. Mr. Lutz said neither the State Auditor nor the Government Finance Officers Association make a recommendation for a standard period of time to retain auditors. The Council has the responsibility in its oversight role to retain independent auditing services for the city. The Council may choose to renew a contract with the current auditors, or procure proposals for a new auditor.

Mayor Russell said the current firm has several members that are part of Centerville’s community. He feels their proposal to continue service is fair and reasonable. He said they have done a good job in the past, are knowledgeable about Centerville, and have worked well with City staff. Council members agreed and directed staff to draft a new contract with Hansen, Bradshaw, Malmrose, & Erickson to be reviewed and approved at a future City Council meeting.

At 8:10 p.m. Councilman Cutler made a motion to go into the Redevelopment Agency meeting. The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).

RETURN TO CITY COUNCIL

At 8:50 p.m. the regular City Council Meeting was reconvened.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the February 28, 2006 Joint City Council/Planning Commission meeting were reviewed. Councilman Dellastatious made a motion to approve the minutes as written. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

The minutes of the March 7, 2006 City Council closed meeting were reviewed. Councilman Dellastatious made a motion to approve the minutes as written. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

The minutes of the March 7, 2006 City Council meeting were reviewed and amended. Councilman Dellastatious made a motion to approve the minutes as amended. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

The minutes of the March 15, 2006 City Council work session were reviewed and amended. Councilman Dellastatious made a motion to approve the minutes as amended. The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).

The minutes of the March 21, 2006 City Council work session were reviewed and amended. Councilman Dellastatious made a motion to approve the minutes as amended. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

MAYOR’S REPORT

Mayor Russell used this time to update the Council regarding a possible process for appraisal of City property to be sold for Legacy Nature Preserve.

CITY MANAGER REPORT

Mr. Thacker reminded the Council of the proposal to share the cost of constructing a rock retaining wall next to the Ford Canyon trailhead. He said staff would like to move forward with this project if the City Council is still in favor of the proposal. He said the estimated cost of the entire wall would be approximately $10,000 - $12,000 (City’s responsibility would be half). Mr. Thacker also informed the Council of staff’s desire to apply for a grant to improve this trailhead this year.

Councilman Cutler made a motion to give the City Manager authorization to proceed with an agreement to build a rock retaining wall at the property discussed (Ford Canyon Trailhead) to be cost and maintenance shared between the adjacent property owner and the City. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

Mr. Thacker reviewed the final dimensions and easements for the transfer of a small piece of cemetery property to Mark Ethington. The Council concurred with the final configuration. The agreement pertaining to this property transfer was approved by the prior City Council.

Mr. Thacker distributed a revised agenda for the Joint City Council/Planning Commission meeting to be held on March 29, 2006.

The Council discussed the UTOPIA cabinet sites. Council members shared concerns about some of the proposed locations. Staff will follow up on these concerns.

At 9:25 p.m. Councilman Cutler made a motion to go into a closed meeting to discuss the sale of property and the character and competency of individuals to be considered for appointment to City boards, commissions, and committees. Councilman Gutke seconded the motion, which passed by unanimous vote (5-0).

CLOSED MEETING

A closed meeting was held to discuss the sale and purchase of property and the character and competency of individuals. In attendance were Mayor Russell; Steve Thacker, City Manager; Blaine Lutz, Finance Director; Council members Allen, Cutler, Dellastatious, Gutke, and Lindstrom; and Kathy Streadbeck, Recording Secretary

RETURN TO OPEN SESSION

At 9:35 p.m. the regular City Council meeting was reconvened.

Mayor Russell appointed the following:

Planning Commission: Rebecca Wayment

Board of Adjustment: Brent Shingleton (re-appointment)

Trails Committee: David Chamberlain (2 year term)

Timothy D. Hawkes (2 year term)

Mark Lee (2 year term)

Ken McGuire (3 year term)

Craig Monson (3 year term)

Jared Poulson (3 year term)

Stephanie Wheatley (3 year term)

Councilwoman Lindstrom made a motion to approve the appointments as listed above. The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).

At 9:40 p.m. the meeting was adjourned.

Marilyn Holje, City Recorder Date Approved

Kathleen Streadbeck, Recording Secretary