Minutes of the Centerville City Council meeting held Tuesday, July 18, 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

Paul A. Cutler

Jack Dellastatious (arrived at 7:25 p.m.)

David R. Gutke

Sherri Lyn Lindstrom

STAFF OR OTHER CITY OFFICIALS PRESENT: Steve Thacker, City

Blaine Lutz, Finance Director/Assistant City Manager

Cory Snyder, Community Development Director

Lisa Romney, City Attorney (dismissed at 8:30 p.m.)

Randy Randall, Public Works Director

Karrie Carlson, Recording Secretary

PLEDGE OF ALLEGIANCE

INVOCATION Councilman David Gutke

VISITORS: Interested Citizens

SOUTH DAVIS RECREATION CENTER

The Council took a tour of the new South Davis Recreation Center prior to the City Council meeting.

COMMENDATIONS AND AWARDS

Mayor Russell presented Nancy Beesley with a commendation and dinner certificate for her three years of service on the Historic Sites Committee.

OPEN SESSION

No one wished to comment.

SUMMARY ACTION CALENDAR

Steve Thacker clarified the number of trucks budgeted for the Parks Department. The Council agreed to pull item (d) from the Summary Action Calendar for further discussion. Councilman Gutke made a motion to approve items (a), (b), (c), (e), (f) and (g) on the Summary Action Calendar. The motion was seconded by Councilman Cutler and passed by unanimous roll-call vote (4-0). Approved were:

a. Bid awards for Parks Department to Young Automotive for

1. 2007 Chevrolet Silverado 1500 ext. cab truck in the amount of $20,500

2. 2007 Chevrolet Silverado 1500 regular cab truck in the amount of $13,500

b. Bid awards for Public Works Department to Young Automotive for

1. 2007 Chevrolet Silverado 3500 Classic, 1-ton flat bed truck and chassis in the amount of $35,513.75

2. 2007 Chevrolet Silverado 2500 HD, extended cab pickup truck in the amount of $26,351.88

c. Bid award for Police Department to Willey Ford in the amount of $14,044.50 for a 2007 Ford Taurus

e. Acceptance of public utility easement from Ross Ferris Derbidge and Cynthia K. Derbidge

f. Revision of Personnel Policies, Section 9.030(e)(3)(ii) regarding per diem rates – Resolution No. 2006-24

g. Bid award to Jaketta Sweep in the amount of $34,400 for 2006-2007 street sweeping services

d. Amend Centerville City Fee Schedule regarding water lateral and meter fees – Resolution No. 2006-23

The Council reviewed a memorandum from the Public Works Director showing current cost estimates for water laterals and meters. Randy Randall, Public Works Director, responded to questions from the Council regarding cost estimates.

Councilman Gutke made a motion to adopt Resolution No. 2006-23 amending the Centerville City Fee Schedule with the revisions to show actual costs for the 3” and 4” connections. The motion was seconded by Councilman Cutler and passed by unanimous roll-call vote (4-0).

PUBLIC HEARING TO CONSIDER ORDINANCE NO. 2006-16, AMENDING THE CENTERVILLE ZONING CODE, SECTION 12-21, ADMINISTRATIVE AND DEVELOPMENT REVIEW PROCEDURES

Cory Snyder, Community Development Director, explained that over the past two years, the State Legislature has adopted amendments to the Municipal Land Use Development Management Act (LUDMA). Some of these amendments were the result of decisions made by the courts regarding land use regulations. Some were due to problems and disputes between the development community and other local governments. Many of these amendments and concerns have already been addressed in Centerville City’s Zoning Ordinance that was updated and adopted in December of 2003. There are a few clarifications or changes that need to be considered and adopted as part of this recent legislation.

Lisa Romney, City Attorney, reviewed the proposed amendments with the Council and responded to questions and comments from staff and Council to clarify noticing and timeline procedures.

At 7:30 p.m. Mayor Russell opened the public hearing; seeing no one wishing to comment, he closed the public hearing.

Councilman Cutler asked staff to comment on nonconforming uses and how the proposed ordinance addresses this issue. Staff also responded to comments from the Council regarding public hearing process prior to establishing a moratorium. The proposed amendment does not require a pubic hearing process prior to establishing a moratorium, but it does not prohibit one either. The Council would be able to determine if they would like a public hearing prior to any action regarding a moratorium.

Councilman Allen made a motion to adopt Ordinance No. 2006-16 amending Chapter 12-21 of the Centerville City Zoning Ordinance regarding administrative and development review procedures, with the noted revisions from the City Attorney. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).

STEEPLECHASE PUD AMENDED

Cory Snyder, Community Development Director, reviewed a plat map of the Steeplechase PUD and explained that the applicant would like to amend the lot lines to enlarge Lots 5 and 6 and shift the location of Lot 13. Because this involves altering the existing platted lots, an amendment is required to reset the subdivision layout of the lots. This will not adversely affect the setback or open space requirements for the development. Mr. Snyder responded to questions from the Council regarding setbacks and lot placement.

a. Public Hearing At 7:50 p.m. Mayor Russell opened the public hearing. Dan Lowen, Developer of Steeplechase PUD - Mr. Lowen reviewed some of the reasons for this amendment request and responded to questions from the Council. At 7:55 p.m. with no others wishing to comment, Mayor Russell closed the public hearing.

b. Final Amended Plat The Council discussed parking requirements, common area layout and amenities, and snow removal issues with the developer and staff.

Councilman Cutler made a motion to approve the final amended plat for the Steeplechase PUD, subject to the following findings and conditions:

Conditions:

1. The proposed amendment is limited to the expansion of Lot 5 and Lot 6, and the relocation of Lot 13, as shown on the submitted plans.

2. The existing setback and building separation noted on the existing plat shall also be applicable to the proposed amendment.

3. The applicant shall pay all applicable application and professional service fees.

Findings:

a. As described in the staff report, the proposed amendment, with the conditions imposed, complies with all applicable review criteria for amending the subdivision plat.

b. As described in the July 12, 2006 staff report, the reconfiguration of these lots is consistent with subdivision regulation and zoning requirements of Centerville City. The motion was seconded by Councilman Allen and passed by unanimous roll-call vote (5-0).

CHASE LANE MEADOWS SUBDIVISION PLAT 4 AMENDED

Cory Snyder, Community Development Director, reviewed the proposed amendments with the Council. The applicant is asking to be able to combine two lots to allow him to construct a fence and landscape the rear yard of his home. This has been reviewed by the Planning Commission and they have recommended approval. The Council discussed how this amendment could affect the vacant lot to the south if a home is ever built on the property.

a. Public Hearing

At 8:00 p.m., Mayor Russell opened the public hearing. Gary Winger, Property Owner – Mr. Winger provided the Council with a plan of how the fencing will be installed and what it will look like. At 8:05 p.m. with no others wishing to comment, the Mayor closed the public hearing.

b. Final Amended Plat

Councilman Cutler made a motion to approve the proposed amendments to the Chase Lane Meadows Subdivision Plat 4, subject to the following conditions and findings:

Conditions:

1. The proposed amendment is limited to the combining of Lots 409 and 412 with the vacation of the common easement, as shown on the proposed amended plat for the subdivision.

2. Prior to recordation of the proposed amendment, applicant shall provide evidence to the City establishing that there are no utilities located in the easements that are common between the two properties.

3. The applicant shall provide a restricted area for the use of fencing to prohibit visual obstruction that would create vehicle/pedestrian conflicts with the property to the north, in accordance with the fencing plan shown to the City Council.

4. The applicant shall pay all applicable application and professional service fees.

5. The lot frontage along 425 West Street shall be measured as the primary frontage for the newly combined lots.

Findings:

a. As described in the staff report, the proposed amendment, with the conditions imposed, complies with all applicable review criteria for amending the subdivision plat.

b. The lot combination is consistent with the subdivision regulations regarding double frontage lots. The motion was seconded by Councilman Allen and passed by unanimous roll-call vote (5-0).

SELECT DATE FOR PUBLIC INFORMATOIIN MEETING RE: HOLLY PIPELINE PROJECT

Mayor Russell stated a conflict of interest regarding this issue and excused himself from the discussion. Mayor Pro Tem Cutler led the discussion on this agenda item.

Steve Thacker, City Manager, updated the Council on his discussions with Marc Cunningham and Mimi Charles from Holly Oil. They have met with other South Davis cities involved with the pipeline project to discuss potential alignments for the pipeline. Mr. Thacker noted issues the Council would like included in a letter to Bountiful and West Bountiful cities expressing Centerville’s preference for the Pages Lane alignment as opposed to the mountain side alignment.

The Council also discussed possible dates for a public information meeting. The Council agreed on August 30, 2006 for a public information meeting. Staff was directed to provide notice in the upcoming newsletter to notify the public of this meeting. Holly Oil representatives will plan other public outreach efforts regarding the pipeline and report back to the Council.

AWARD BID FOR BAMBERGER PARKWAY CONSTRUCTION

Blaine Lutz, Finance Director/Assistant City Manager, updated the Council on the bidding process for the Bamberger Parkway Construction. RBI Construction was the low bidder at $264,003.50 for the base bid. Staff is recommending the electrical portion of the bid ($65,000) be removed from the award. The sprinkling system clock can be controlled by battery and conduits can be stubbed out as necessary for future electrical. Staff is also proposing to explore less costly alternatives for electrical and lighting and to approve the additive alternate, which is a decorative concrete crossing at Bamberger Way in the amount of $20,000.

This project is partially funded by a CDBG grant of $119,000. The base bid without electrical is $196,003.50. This bid has expanded the scope of work to include removal and replacement of the sidewalk on the south side of Bamberger Way and a temporary connection to 200 North Street.

Councilman Gutke made a motion to approve the contract to RBI Construction in the amount of $216,003.50, including additive alternate, for construction of the Bamberger Parkway Trail as proposed by staff. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).

APPROVE PHASE 1 OF SECURITY CAMERA SYSTEM INSTALLATION FOR CITY HALL AND PUBLIC WORKS BUILDINGS

Blaine Lutz, Finance Director, explained the installation plan for security cameras in City Hall and the Public Works Building. Staff is asking the Council to appropriate up to $77,890 for the purchase and installation of a base security system. Most of this will be funded from a Homeland Security Grant.

Councilman Dellastatious made a motion to approve the purchase and installation of a security camera system up to an amount not to exceed $77,890. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).

DISCUSS SIZE OF POLICE CARS PURCHASED IN THE FUTURE

Neal Worsley, Police Chief, reported to the Council regarding past history and performance of various types of police cars. Chief Worsley stated that he has tested smaller front-wheel drive police cars and has not been impressed with them as a patrol car. The smaller cars may work well for detectives and other law enforcement agencies, but for patrol cars Chief Worsley recommends using a larger car such as the Crown Victoria. He believes this car has a better maintenance and performance history that far outweighs any gas savings of smaller cars. He also reviewed some price comparisons for various makes and models of police vehicles with the Council. The Crown Victoria is moderately priced in this range. The Council was supportive of Chief Worsley’s recommendations.

DISCUSS POSSIBILITY OF REDUCING GARBAGE COLLECTION RATE OR OTHER FEES

The Solid Waste District has given the City a rate reduction that reduces the City’s annual cost about $30,000. The Council discussed passing the savings along to the residents to reduce garbage rates and /or offer a spring clean up service. The Council discussed various issues involved with a rate reduction and a spring cleanup. The Council directed staff to conduct research on costs involved with a green waste cleanup and report back to the Council.

DISCUSS INFORMATION REGARDING DAVIS COUNTY CONFERENCE CENTER EXPANSION PROPOSAL

Mayor Russell reviewed the Executive Summary of the feasibility analysis for the expansion of the Davis County Conference Center. The County Commissioners have approved a 1.25 percent increase in the tourism tax to fund the debt service for the proposed expansion. Mr. Thacker explained that anyone may give comments to the County Commissioners regarding this matter until August 15, 2006. The Council is concerned that if a large portion of tourism taxes are committed to this project, there may not be any funds from the County left to contribute to a South Davis Regional Performing Arts Center project. The Mayor and Councilman Cutler will draft a letter to be signed by the Council members expressing their concerns about the proposed expansion of the Conference Center.

CITY MANAGER’S REPORT

Smoot Park Issues

Bruce Cox, Parks and Recreation Director, reported to the Council regarding concerns expressed about the condition of Smoot Park. He explained that there are currently irrigation issues with the sprinkler systems in that park. Mr. Cox reviewed potential solutions for each of these issues with the Council and responded to questions from the Council. He added that the Parks and Recreation staff cleans and maintains the restroom facilities daily at this park. The Council agreed that the more expensive long-term solutions (i.e., water sensor/metering systems) suggested by staff need to be discussed during next year’s budget preparation process.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the July 5, 2006 City Council meeting were reviewed and amended. Councilman Cutler 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 July 5, 2006 City Council closed meeting were reviewed and amended. Councilman Gutke made a motion to approve the minutes as amended. The motion was seconded by Councilman Allen and passed by a unanimous vote (5-0).

MAYOR’S REPORT

The Mayor reported to the Council regarding water bill adjustments related to leaks. He also reported on the success of the 4th of July Celebration and stated he has received many compliments regarding the festivities and firework display.

CITY MANAGER’S REPORT

The City Manager used this item on the agenda to update the Council on various matters related to upcoming meetings and events and ongoing street projects in the City.

MISCELLANEOUS

Mayor Russell asked the Council to review the list of topics proposed for the August/September newsletter and give any additions to staff.

The Council also addressed various miscellaneous items with staff regarding making emergency preparedness materials available to the public, scheduling town meetings, and development updates.

RDA MEETING

At 10:40 p.m. Councilman Cutler made a motion to go into a meeting of the RDA Board. The motion was seconded by Councilman Allan and passed by unanimous vote. In attendance were: Ronald Russell, Chair; Sherri Lindstrom, Vice Chair; Steve Thacker, Executive Director; Blaine Lutz, Finance Director; Directors Allen, Cutler, Dellastatious and Gutke; and Karrie Carlson, Recording Secretary.

RETURN TO CITY COUNCIL MEETING

AT 10:55 p.m. the City Council meeting was reconvened. Councilman Allen made a motion to adjourn the meeting. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

Marilyn Holje, City Recorder Date Approved

Karrie Carlson, Recording Secretary