VISITORS AND INTERESTED CITIZENS
Jaedon Flake Jacob Bruderer Connor Cluff
James Clark Brent Nelson Jameson Smith
Spencer Smith Zach Griffith Jarom Anderson
Jeremy Mueller Elyah Nelson Daniel Slade
Jan Peter Mueller Kasey Carr Stone Love
Brain Hahn Hayes Carr Taylor Petersen
Jordan Davis Jim Higbee Brian Murdock
Skip Bourgeoir Chad Smith Wade Stenquist
Mitchell Stenquist Mike Andreason
PLEDGE OF ALLEGIANCE Jaedon Flake, Boy Scout
PRAYER OR THOUGHT Councilman Lawrence Wright
OPEN SESSION
No Comment
MINUTES REVIEW AND ACCEPTANCE
The minutes of the February 19, 2008 Council meeting were reviewed. Councilman Allen made a motion to approve the minutes as written. The motion was seconded by Councilman Wright and passed by unanimous vote (5-0).
At 7:10 p.m. Councilwoman Lindstrom asked Councilman Cutler to act as Mayor Pro Tem for the remainder of the meeting (she was having difficulty speaking due to a minor cold/cough). Councilman Allen made a motion to appoint Councilman Cutler as Mayor Pro Tem for the remainder of the meeting. The motion was seconded by Councilman Wright and passed by unanimous vote (5-0).
DISCUSSION – Code Enforcement Ordinances and Options
Lisa Romney, City Attorney, reported that she and staff have researched this issue further and have provided four (4) options that would update the City’s approach to code enforcement. She reviewed each option as listed in a letter dated February 28, 2008 from Ms. Romney to the City Council. She explained the biggest decision the Council needs to make is whether or not they would like to implement a pro-active approach to code enforcement. This option would require a completely new title providing for a comprehensive code enforcement program and would most likely require the hiring of new personnel to staff the program. She said, in her opinion, she is not sure Centerville is big enough to require a comprehensive program. She said the City Council also needs to decide how extensively they would like to amend current City ordinances to reflect cohesive code enforcement. She explained that staff has already made some changes to City ordinances as they are regularly reviewed, but there has not been a concerted effort to try and consolidate all of the penalty provisions. Ms. Romney explained that these options are not mutually exclusive and the Council may choose to move forward with more than one option. She also discussed the need for an Administrative Hearing Officer if the civil penalty approach is used more often. She said she recommends an attorney from another jurisdiction. She said she could provide a list of individuals who may be willing to contract for this position.
Chief Worsley said he is in favor of amending Title 13 (option #2), which would greatly reduce its length by referring to the State Criminal Code rather than duplicating its contents. He said this would be greatly beneficial. He said this would be very helpful to Centerville’s Officers, who already follow the State criminal codes. If Title 13 referred to State code it would also keep it more up to date from year-to-year. He said he is willing to sit down and review Title 13 as needed. He also said that there needs to be a code enforcement option that is not criminal. A civil citation policy is needed (option #1) and would help bring about compliance without criminal consequences.
Councilman Wright said he believes there needs to be an entirely new title that provides for a comprehensive code enforcement program (option #3). He said there needs to be a policy
that is very specific and handles code enforcement in its entirety. Ms. Romney said a new title would take some time to complete. In the meantime, amending Title 1 and Title 13 may be the best short term options.
Cory Snyder, Community Development Director, said he agrees a civil penalty policy is a feasible enforcement policy. He said most zoning violations do not warrant criminal action, unless the violation is causing harm. The ultimate goal is to make the community, as a whole, a better place to live and a compliance focus will help this happen. He said he does have reservations about who will handle code enforcement. Mr. Snyder raised the question of how do we coordinate enforcements among the different departments of the city. He said it is great if you have the policies in place, but if the interpretation of the code is left to individual departments, consistency may still be a problem.
Councilman Averett said fairness and consistency are very important. This may warrant the hiring of new personnel. Councilman Wright suggested holding a public hearing to receive input from citizens regarding the level of pro-activity they desire in code enforcement. He said there needs to be a code that outlines the City’s level of pro-activity, how the code will be enforced, and who will enforce it.
Councilman Allen said he believes City ordinances do need some amending, but he is not sure a proactive, comprehensive code enforcement program is necessary. He suggested options 1, 2, and 4 be looked at more closely and option #3 be left for further discussions. He agreed a public hearing may be beneficial. He said he would rather not make any decisions this evening.
Councilman Allen made a motion to table this item pending further discussions. Councilwoman Lindstrom seconded the motion.
Councilwoman Lindstrom agreed that these concepts need to be discussed in greater detail before any decisions are made. She said she too does not believe a proactive program is needed. She said the number of complaints received is minimal compared to the community as a whole and she is aware of some citizens who feel they no longer live in the land of the free. She said she cannot support a more proactive code enforcement program. She said she is willing to review current codes and amend them as needed.
Councilman Cutler asked staff to prepare some more detailed information regarding this issue (perhaps examples of a civil penalty) for public review, prior to the public hearing. He said it seems as though the Council agrees with moving forward with option #1 (Title 1), option #2 (Title 13), and option #4 (ongoing revision of City ordinances), with continued discussion regarding option #3 (proactive approach). He said it seems options 1, 2, and 4 can be completed without moving toward a more proactive code enforcement program.
Steve Thacker, City Manager, said if the Council is supportive of options 1, 2, and 4, they should go ahead and direct staff to proceed with that work. He said it doesn’t seem as though the
question for the public hearing is whether a civil penalty ought to be used, but rather does the public want the City to use a more proactive approach in detecting violations throughout the community.
Councilman Allen clarified his motion to direct staff, once any time sensitive projects are completed, to begin work on options 1 (Title 1) and 2 (Title 13), and to work on option 4 as needed. Furthermore, he directed staff to prepare additional analysis and recommendations for discussion regarding a more proactive approach. The clarified motion was seconded by Councilman Wright and passed by unanimous vote (5-0).
Ms. Romney said she will prepare some examples of proactive code enforcement and ordinances from other communities.
SOUTH DAVIS PERFORMING ARTS CENTER
Steve Thacker, City Manager, reported the Mayor is still negotiating with the County regarding a contribution for the performing arts center. The City has asked for up to five million dollars from the tourism tax, but the County has yet to make a commitment. Mr. Thacker also reported that the South Davis Cultural Arts Association has filed a couple of applications with private foundations for additional contributions.
Councilman Allen made a motion to appoint Mayor Russell and Sherri Lindstrom as Centerville City’s representatives to the Administrative Control Board for the South Davis Performing Arts Center. The motion was seconded by Councilman Wright and passed by unanimous vote (5-0).
CITY MANAGER’S REPORT
Steve Thacker, City Manager, reported the Parrish Creek Parkway property is already owned by the City. He explained the taxes on the property became delinquent. At that time the County transferred ownership of the property to the City, waiving the delinquent taxes.
Council members expressed concern regarding rodent and mosquito problems on this property. The Council agreed the development of the parkway should be done as quickly as possible to alleviate these health concerns. Ownership is no longer an issue and money is already budgeted; this should be completed in a timely manner.
Mr. Thacker explained the County has committed to assisting with this project, but is unable to help until August. At that time, it may be too late in the season to complete any more work, but staff will push this project along.
Mr. Thacker reviewed the calendar of upcoming meetings and work sessions. He also informed the Council that Rocky Mountain Power is constructing another power transmission line immediately west of the existing power line that runs through the Nature Preserve (west of Legacy). Rocky Mountain Power already has the rights to do this, but has offered to come and provide an informational presentation. The Council directed staff to give Rocky Mountain Power time on an upcoming agenda for a public presentation.
MISCELLANEOUS BUSINESS
The Council reviewed the proposed upcoming newsletter and suggested some changes. Mr. Thacker said staff will be adding another article to the newsletter regarding limiting team practices in two parks until the turf has had time to become well established.
At 8:22 p.m. Councilwoman Lindstrom made a motion to adjourn the regular City Council meeting and go into a Redevelopment Agency meeting. The motion was seconded by Councilman Wright and passed by unanimous vote (4-0). (Councilman Allen was absent at this point.)
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Marilyn Holje, City Recorder Date Approved
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Kathleen Streadbeck, Recording Secretary
