Minutes of the Centerville City Council meeting held Tuesday, May 6, 2008 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
                                       Ken Averett
                                       Paul A. Cutler
                                      Sherri Lyn Lindstrom
                                      Lawrence Wright

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
                                       Karrie Carlson, Recording Secretary

PLEDGE OF ALLEGIANCE 

INVOCATION  Mayor Ronald G. Russell

VISITORS   Interested Citizens   
 
OPEN SESSION

ohn Gally, 498 West 1050 North - Mr. Galley explained a problem he and his neighbors have had with a diversion pipe that has been becoming clogged and blocking water flow to the wetlands area on their property. He is asking for reimbursement for costs he has incurred to unclog the pipe. The pipe maintenance has previously been done by the County, but recently the County stated they would no longer provide any services to clean and/or unclog the pipe. The Council agreed to put this matter on a future agenda to discuss the reimbursement issues.

MINUTES

The minutes of the April 1, 2008 City Council meeting were reviewed and amended.  Councilwoman Lindstrom made a motion to approve the minutes as amended. The motion was seconded by Councilman Wright and passed by unanimous vote (5-0).

The minutes of the April 15, 2008 City Council work session were reviewed and amended.  Councilwoman Lindstrom made a motion to approve the minutes as amended. The motion was seconded by Councilman Wright and passed by unanimous vote (5-0).

The minutes of the April 15, 2008 City Council meeting were reviewed.  Councilwoman Lindstrom made a motion to approve the minutes. The motion was seconded by Councilman Wright and passed by unanimous vote (5-0).
 
SUMMARY ACTION CALENDAR

The Council reviewed items a-c on the Summary Action Calendar.  Councilman Allen made a motion to approve items a, b and c on the Summary Action Calendar. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0). Approved were:

a. Amendment to “Centerville Corporation Money Purchase Plan and Trust”
b. Authorization of expenditure for Lund Lane street repairs
c. Bid award to Brinkerhoff Excavation in an amount not to exceed $75,000 for Community Park drainage improvements, cleaning the Legacy Parkway drainage channels and Home Depot detention basin cleaning

PUBLIC HEARING TO AMEND CENTERVILLE ZONING CODE, SECTION 12-36-TABLE OF USES TO ALLOW “HEAVY INDUSTRY” AS A CONDITIONAL USE IN THE INDUSTRIAL-VERY HIGH (I-VH) ZONE, ORDINANCE No. 2008-06

Cory Snyder, Community Development Director, explained that Trinity Highway Products business is a prohibited industrial use in Centerville City. This business was in operation prior to the Zoning Code Ordinance amendments of December, 2003. Since this time the City prepared and adopted the West Centerville Neighborhood Plan in 2007.  In the preparation of this Plan, Trinity representatives participated in the process and expressed a desire to upgrade their facility but were constrained due to the prohibited status. Subsequently, the City adopted policies that may favor the idea of allowing “heavy industry” as a conditional use in specific areas. The applicant is asking the City to consider amending Section 12-36-Table of Uses to allow “heavy industry as a conditional use in the Industrial-Very High (I-VH) Zone.

At 7:27 p.m. Mayor Russell opened the public hearing.

Doug Robinson, Trinity Highway Products – explained that his company would like to improve the look of their facility and protect and cover some outdoor product storage areas. They also want to modify their emissions stack to improve air quality in the vicinity. To do this Trinity is asking for the amendment to Section 12-36- Table of Uses to allow the new improvements.

At 7:30 p.m. with no others wishing to comment, Mayor Russell closed the public hearing.

Mr. Snyder responded to concerns expressed by the City Attorney and questions from the Council. He added that in their April 9, 2008 meeting, the Planning Commission unanimously recommended approval of the proposed amendment to allow “heavy industry” as a conditional use in the Industrial-Very High (I-VH) Zone.

Councilwoman Lindstrom made a motion to adopt Ordinance No. 2008-06 amending Section 12-36, Table of Uses to allow “heavy industry” as a conditional use in the Industrial- Very High (I-VH) Zone. The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (5-0).

The motion was based on the following findings:
1. The applicant has submitted a complete application in order to receive a review by the Planning Commission and City Council.
2. The text change would be consistent with the goals and objective of the West Centerville Neighborhood Plan, specifically Section 12-486-1(I).
3. The proposed amendment does not conflict with and satisfies review criteria found in 12-21-080(e) of the Zoning Ordinance.

CODE ENFORCEMENT

a. Staff report and discussion regarding code enforcement program

The Community Development Director and City Attorney responded to questions from the Council regarding current penalties for Code violations. City staff compiled a categorized list of the most common violations during 2007 and have consulted with other cities regarding code enforcement programs. The City Attorney is also revising Title 13 (Criminal Code) to reduce its length by referring to State law without repealing those provisions word for word.

b. Consider Ordinance 2008-05, expanding the use of a civil penalty as a code enforcement tool

Lisa Romney, City Attorney, reviewed Ordinance No. 2008-05 with the Council and suggested language revisions. Councilman Wright made a motion to adopt Ordinance No. 2008-05 with the revisions suggested by the City Attorney. The motion was seconded by Councilman Averett and passed by unanimous roll-call vote (5-0).
 
PRESENTATION OF FY 2008-2009 PROPOSED BUDGET

a. Budget highlights

Steve Thacker, City Manager, presented the Council with his proposed Budget for FY2008-2009. He highlighted sections from the budget message and responded to questions and comments from the Council. The Tentative Budget, once adopted, will be summarized in the May newsletter and a public hearing will also be advertised as required by State laws.

Mr. Thacker explained that sales tax revenue will increase approximately 6.7 percent, and stated the RAP Tax is now showing in the General Fund and will transfer to the RDA to pay for bonds for the performing arts center.  The property tax rate is estimated to go down slightly; development-related fees are also projected to decrease.  Staff is not recommending utility fee increases for water, sewer or garbage. No staffing increases are needed except for more hours for seasonal parks maintenance. Mr. Thacker estimates a 5 percent increase for employee pay raises and an increase in health insurance premiums. He is also recommending certain capital improvement projects for the upcoming fiscal year. The Council also discussed appropriating $106,000 for the contingency budget. Mr. Thacker added the RDA budget for the performing arts center will be approximately $15 million.
 
b. Consider adoption of Tentative Budget and set dates for public hearing and work session

Mr. Thacker suggested the Council meet on May 20th prior to their next regular Council meeting for a budget work session. He also recommended scheduling a public hearing for the first regular City Council meeting in June.
 
Councilman Allen made a motion to adopt the Proposed Budget as the Tentative Budget and set June 3, 2008 as the public hearing date. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).

ADJOURN TO RDA MEETING

At 8:20 p.m. the Council went into a meeting of the RDA Board. In attendance were: Chair Russell; Vice Chair Averett; Steve Thacker, Executive Director; Blaine Lutz, Finance Director; Directors Allen, Cutler, Lindstrom and Wright; Mackey Investment representatives; and Karrie Carlson, Recording Secretary.

ADJOURN TO MBA MEETING

At 9:20 p.m. The RDA Board went into a meeting of the MBA Board. In attendance were: President Russell; Steve Thacker, City Manager; Blaine Lutz, Finance Director; Trustees Allen, Averett, Cutler, Lindstrom and Wright; and Karrie Carlson, Recording Secretary.

RECONVENE CITY COUNCIL MEETING

At 9:22 p.m. the City Council meeting was reconvened.

MAYOR’S REPORT

Mayor Russell updated the Council regarding various City issues/events including: the activities of the Administrative Control Board of the South Davis Performing Arts Center, South Davis Fire Agency update; 4th of July Celebration festivities; and an upcoming luncheon for  Centerville City business owners.

CITY MANAGER’S REPORT

City staff explained the RDA’s consultant is beginning her analysis for creation of the West-Side Economic Development Area.
  
Mr. Thacker stated that cities along the Legacy Parkway Trail are being asked to take care of that portion of the trail within their boundaries after the first year of completion. He explained that he will be meeting with the Parks Director to discuss how it will impact the City budget. The City Attorney is also looking into potential liability issues related to care and maintenance of the trail.
 
The Youth City Council will be having a yard sale on May 17th in front of City Hall to raise money for the American Cancer Society Relay for Life event.

MISCELLANEOUS

 Paul Cutler updated the Council regarding the outcome of the UTOPIA refinancing voting. All but one UTOPIA city has approved the refinance package. He added that staff is preparing letters to send to Rural Utility Services (RUS) and Utah’s Congressional representatives expressing disappointment for the funding problems UTOPIA experienced and urging them to help resolve the issues.

At 9:45 p.m. the meeting was adjourned.