Minutes of the Centerville City Council meeting held Tuesday, April 17, 2007 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
                                    David R. Gutke
                                    Sherri Lyn Lindstrom

STAFF OR OTHER CITY
OFFICIALS PRESENT:        Steve Thacker, City Manager
                                               Blaine Lutz, Finance Director/Assistant City Manager
                                               Lisa Romney, City Attorney
                                               Cory Snyder, Community Development Director
                                               Neal Worsley, Police Chief                            Rob Kirkham, Police Officer
                                               Lieutenant Paul Child                                     Jason Reed, Police Officer 
                                               Niles Bartleson, Patrol Sergeant                  Mike Dingman, Police Officer
                                               John Spencer, Patrol sergeant                     Debbie Olsen, Office Technician
                                               Susan Barton, Office Tech/Dispatch 
                                               Karrie Carlson, Recording Secretary    
   
PLEDGE OF ALLEGIANCE 

INVOCATION                       Steve Thacker, City Manager
  
VISITORS                             Interested Citizens

COMMENDATIONS AND AWARDS

Lieutenant Paul Child was presented with a plaque and dinner certificate for his 20 years of service in the Police Department.  Among many other qualifications Lieutenant Child has attended the FBI Command College and is instrumental in every aspect of running the Police Department.

OPEN SESSION

George Mc Ewan, 618 Willow Bend Drive – Asked the Council to consider improving the road to the gun range so it’s accessible to all vehicles, not just four-wheel drive.  He is involved in scouting and has tried to arrange for use of the gun range, but has found it problematic to access because of the rough terrain.

CONSIDER AMENDMENT TO EXHIBIT “H” OF PINEAE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT

Cory Snyder, Community Development Director, stated that Gold Medallion Homes is requesting an amendment to the PDO approval and associated development agreement regarding the architectural theme and design.  The Planning Commission has previously approved the proposed theme and design change for the Pineae Village PDO, subject to certain terms and conditions.  The original theme, envisioned by a previous developer, was based on the design of Centerville City Hall building. Now that Medallion Homes has purchased the project they asked the Planning Commission to re-evaluate the theme and design for the entire project.  He explained that this theme includes a Tuscany architecture that is anchored by the use of over-mortared cultured stone and wood accents; exterior wall and roof space will incorporate muted, medium-toned browns, green, and some beige/cream colors.  Other elements such as pergolas, pillars, balconies and wrought iron banisters will be incorporated into the new design of all three residential types.  Two other changes to the single-family homes include the use of side entries with court walls and pillars, gates and pergolas that will frame the entry paths to the side entry. The other change involves material used on the exterior wall along the zero lot line.  Originally the wall was to be clad with brick.  The proposal now depicts the use of cement fiber board, also termed as hardy plank.

Kristen Nielsen, Gold Medallion Homes, was present to address questions from the Council.  It was stated that the cement fiber board has a fifty-year life to the product so it is compatible with brick durability.  Gold Medallion believes the look of the cement fiber board adds to the over all theme and is harmonious to the project.

Mr. Snyder responded to questions and comments from the Council regarding the quality and design standards for all product types in the development (single family, town homes and condominiums, etc.) 

Councilman Allen made a motion to approve the amendment to Exhibit “H” of Pineae Village Subdivision Development Agreement subject to the following conditions:

• The Pineae Village Development Agreement amendment is limited to the architectural theme and design, changing it to a “garden village” theme with a Tuscany design.
• Exhibit “H” shall be amended to include a design schematic for each of three residential types of the Pineae Village Development.
• This amendment theme shall consist of a Tuscany architecture that is anchored by use of over-mortared cultured stone and wood accents; exterior wall and roof space shall incorporate muted, medium-toned browns, greens, and some beige/cream colors.
• Other elements, such as pergolas, pillars, balconies and wrought iron banisters are to be incorporated into the new design of all three residential types, as shown in the submitted renderings.
• The use of side entries for the single-family homes shall be allowed, provided however, that from the street view, the front façade will include court walls, pillars, gates and pergolas that will frame the entry paths to the side entry, thus giving the proposed street appearance of a “garden village.”
• The use of brick and/or cement fiber board shall be exclusively utilized along the exterior wall of the zero lot line side yards.
 
Based on the following findings:

a. The amended theme and design introduces greater variation and interest to the residential-type exteriors than the original proposed design, resulting in an improved “integrated plan and design for the property, and on the whole, better development than would be possible under conventional zoning regulations” (see Section 12-41-080(1)(c).
b. The proposed amended theme and design satisfies the requirement for an enhanced design theme that utilizes “special features such as…buildings, or other elements which establish a strong design theme for the development and are utilized in highly visible locations” (see Section 12-410-90c(A)(iv).

The motion was seconded by Councilman Gutke and passed by unanimous roll-call vote (5-0).
 
PUBLIC HEARING ON  AMENDMENTS TO CENTERVILLE ZONING CODE, CHAPTER 12-20, SECTION 12-20-070(a), HISTORIC SITES COMMITTEE, NUMBER OF MEMBERS ON COMMITTEE – ORDINANCE No. 2007-04

Cory Snyder, Community Development Director, explained that the Planning Commission recommends an amendment to the City’s Zoning Ordinance to allow for the committee membership requirement to be reduced from seven (7) to five (5) members.  The current ordinance provides for seven (7) members.  This item was continued from the April 3, 2007 City Council meeting to allow time for the City Attorney to incorporate revisions suggested by the Planning Commission.

At 7:47 p.m. Mayor Russell opened the public hearing.  Seeing no one wishing to comment, Mayor Russell closed the public hearing.  Mayor Russell recommended membership be flexible--from five (5) to seven (7) members instead of fixed at five (5) members.

The Council reviewed the alternative ordinance prepared by the City Attorney Lisa Romney for the five (5) to seven (7) member option.  Ms. Romney responded to questions from the Council regarding appointments, terms of office and voting procedures.

Councilman Allen made a motion to adopt Ordinance No. 2007-04 amending Section 12-20-070 of the Centerville City Zoning Ordinance regarding the Historic Sites Committee five (5) to seven (7) member option.  The motion was seconded by Councilman Dellastatious and passed by unanimous vote (5-0).

SMART SUBDIVISION

Cory Snyder, Community Development Director, explained that the Smart Subdivision is located at about 1442 North Main Street.  The property is located in the Residential-Low (R-L) Zone.  The applicant proposes to subdivide the property into three parcels.  The subdivision would create a new lot configuration for an existing home in the center, and two new lots on the north and south of the existing home.  The Planning Commission recommended approval of the final plat application for the Smart Subdivision with certain conditions.  One of the conditions includes the demolition of an existing outbuilding prior to recording the subdivision plat.  If a bond is posted instead, a note shall be included on the plat stating that the accessory building shall be removed on or before the expiration of the warranty period.

a. Public Hearing

At 7:55 p.m. Mayor Russell opened the public hearing.  Seeing no one wishing to comment, Mayor Russell closed the public hearing.

Bob Smart, property owner, explained that he is willing to work with the City regarding the removal of the existing outbuilding.

Mr. Snyder responded to questions and comments from the Council regarding requirements for demolition of the outbuilding. 

a. Final Plat

Councilman Cutler made a motion to approve the final subdivision plat for the Smart Subdivision subject to the following conditions:

1. All professional service fees are paid.
2. The accessory building on Lot 3 must be demolished or a bond posted for its demolition prior to recording the final plat.  If a bond is posted to ensure demolition, a bond and demolition agreement shall be entered into by the City and subdivider/property owner ensuring demolition of such accessory building on Lot 3,  upon the occurrence of any of the following, whichever occurs first: (1) five years from the date of final plat recording; (2) the sale or transfer of Lot 3 to any other person or entity, whether by gift, devise or other means; or (3) issuance of a building permit for construction of a dwelling on Lot 3.  If the accessory building is not demolished prior to recording of the final plat, a plat note shall be provided on the final plat regarding this condition of final plat approval.
3. The correct addresses shall be shown on the final mylar for Parcels 1, 2 and 3.
4. Inspection fees shall be reduced to $900 because most of the utility services already exist at the site.

Based on the following findings:

1. The applicant has submitted an application for a final site plan in accordance with Section 15-3-105.
2. All previous conditions of approval have been met.
3. The application was found to be complete by the standards of Section 15-4-103
4. The plat meets the general requirements of all subdivisions in Chapter 15-5 of the Subdivision Ordinance.

The motion was seconded by Councilman Allen and passed by unanimous roll-call vote (5-0).
 
DISCUSS K&R SAMCO COMMERCIAL SUBDIVISION STORM DRAIN ISSUES

Steve Thacker, City Manager, reported to the Council regarding discussion he has had with the property owner and developer regarding the extension of a storm drain to serve their property.  At the April 3, 2007 City Council meeting, the City Council accepted the easements for this property as shown on the plat prepared for the lot split.  The developer and property owner objected to staff’s recommendation regarding the extension of the storm drain.  At the meeting the property owner/developer presented a copy of a storm drain extension agreement approved by the City Council in 1997 pertaining to this property.  The Council postponed action on this matter to allow staff adequate time to study the agreement.  The City Engineer has estimated that it would cost approximately $16,000 to extend the storm drain from the south to the property.  Although, Mr. Thacker does not believe the agreement is applicable to the current situation, he is recommending a 50/50 cost share between the City and property owner/developer because the extension will also allow the City to solve a long-standing drainage problem in the vicinity.

Lisa Romney, City Attorney, has reviewed the agreement and stated that the City is not required to extend the storm drain to the proposed development.  Ms. Romney believes the developer could be required to bear the cost of the storm drain improvements.

Brandon Wood, developer, explained that the property owner believes the original agreement with the City was that the City would bring the storm drain line across the property and the property owner would pay to connect.  He stated that the property owner wants to move forward with this project and is willing to agree to the 50/50 cost-share proposal the City Manager has proposed.

Councilman Cutler made a motion to direct the City Attorney to draft an agreement for a 50/50 cost share to extend the storm drain to the north end of the designated property and authorize the Mayor to sign and execute the agreement.  The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

CONSIDER PROPOSAL FOR REMOVING TREES ALONG CEMETERY BOUNDARY

Steve Thacker, City Manager, explained that certain trees along the west boundary of the City Cemetery have become compromised and are at risk of falling in a heavy wind storm.  The City Manager believes this can be a liability to the City and is recommending the removal of the trees.  The estimated cost to remove the trees and grind the stumps is approximately $4,300.  The funds are available in the Contingency Fund.  If the Council wants to replant, the cost estimate is approximately $1,500 to 2,000.  The Council agreed to remove the trees and wait for the development to the west to be completed before replanting any new trees.

Councilman Cutler made a motion to appropriate up to $5,000 out of the Contingency Fund for removal of trees along the west boundary of the City cemetery.  The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).
 
At 8:50 p.m. the Council took a short break.
 
FREEDOM HILLS PARK PAVILION AND RESTROOM BID AWARD

Blaine Lutz, Finance Director, reviewed the bids received for the pavilion and restroom structure at Freedom Hills Park with the Council.  He responded to questions from the Council regarding the bidding process and timeline for construction.

Councilman Cutler made a motion to award the bid for the pavilion and restrooms at Freedom Hills Park to Saunders Construction in the amount of $201,972.92.  The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).

QUARTERLY FINANCIAL REPORT

Blaine Lutz, Finance Director, reviewed the latest quarterly financial report with the Council and responded to questions and comments from the Council. 

DISCUSS FOUR-DAY WORK WEEK CONCEPT

Councilman Dellastatious expressed his desire to organize a committee to study the cost effectiveness of going to a four-day work week.  This proposal would provide extended hours on the work days to equal a forty-hour work week. The general consensus of the Council was to allow Councilman Dellastatious to find volunteers to head up a committee to study the initial issues related to this subject and report back to the Council.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the March 27, 2007 budget work session 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 unanimous vote (5-0).

The minutes of the April 3, 2007 work session 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 unanimous vote (5-0).

The minutes of the April 3, 2007 City Council 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 unanimous vote (5-0).

MAYOR’S REPORT

Mayor Russell reported on various topics, including the selection of the new South Davis Metro Fire Agency Chief, and transportation/connectivity issues related to city planning and development.
 
CITY MANAGER’S REPORT

The City Manager used this item to report various miscellaneous items to the Council.

MISCELLANEOUS

The Council discussed various miscellaneous items, including comments/revisions to the upcoming newsletter, a community survey and the request to use City Hall for the February 5, 2008 Western Presidential Primary Election and the November 4, 2008 General Election.

Councilwoman Lindstrom made a motion to grant the request for use of City Hall Council Chambers for the Western Presidential Primary Election in February 2008 and the General Election in November 2008.  The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).  This requires the City Council to reschedule their regular meetings in both cases.

Mayor Russell is recommending the Council appoint Jason Channell as a member of the Historic Sites Committee.  Councilman Cutler made a motion to appoint Jason Channell as a member of the Historic Sites Committee.  The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).

FY 2007-2008 BUDGET

Steve Thacker, City Manager, updated the Council regarding health care costs for City employees.  He recommended the City and employees continue to share heath insurance premiums 90/10, but employees be subject to a $250/$500 deductible.  He is also suggesting the City subsidize the cost of membership to the new South Davis Recreation Center for City employees.  The City’s total estimated cost for the increase in health care and the subsidized membership is approximately $51,000.  Mr. Thacker is also suggesting the proposed budget include a sum equal to six percent of all wages to cover employee raises.  The Council agreed with Mr. Thacker’s suggestions and he will incorporate them into the proposed budget for the Council’s further review and discussion.

At 10:05 p.m. the meeting was adjourned.